HomeMy WebLinkAbout2008/06/17 Agenda Packet
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Cheryl Cox, Mayor
Rudy Ramirez, Council member David R. Garcia, City Manager
John McCann, Council member Bart Miesfield, Interim City Attorney
Jerry R. Rindone, Council member Donna Norris, Interim City Clerk
~teve Castaneda, Councilmember
June 17,2008
6:00 P.M.
Council Chambers
City Hall
276 Fourth Avenue
CALL TO ORDER
ROLL CALL: Councilmembers Castaneda, McCann, Ramirez, Rindone, and Mayor Cox
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. PRESENTATION BY MAYOR COX OF A PROCLAMATION TO HELYN SLOAN,
2008/2009 PRESIDENT OF ALTRUSA INTERNATIONAL OF CHULA VISTA,
COMMENDING THE CLUB ON ITS 50TH ANNIVERSARY
. PRESENTATION BY SARAH JOHNSON, REDEVELOPMENT AND HOUSING
PROJECT COORDINATOR, OF THE SOUTHWEST UNITED IN ACTION
PROGRAM
. REPORT ON STATE ROUTE 125 BY GREG HULSIZER, CHIEF EXECUTIVE
OFFICER OF SOUTH BAY EXPRESSWAY LTD., AND RICHARD HOPKINS,
ENGINEERING DIRECTOR
CONSENT CALENDAR
(Items I through 11)
The Council will enact the Consent Calendar staff recommendations by one motion,
without discussion, unless a Councilmember, a member of the public, or staff requests
that an item be removed for discussion. If you wish to speak on one of these items, please
fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk
prior to the meeting. Items pulled from the Consent Calendar will be discussed
immediately following the Consent Calendar.
Page 1 - Council Agenda
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Jlllle 17,2008
1. APPROVAL OF MINUTES of May 6 and May 13,2008.
Staff recommendation: Council approve the minutes.
2. WRlTTEN COMMUNICATIONS
A. Memorandum from Deputy Mayor Rindone requesting an excused absence from
the Joint City Council, Growth Management Oversight Conunission, and
Planning Commission Meeting of June 5, 2008.
Staff recommendation: Council excuse the absence.
B. Letter of resignation from Steven Zasueta, member of the Housing Advisory
Commission.
Staff recommendation: Council accept the resignation and direct the City Clerk to post
the vacancy in accordance with Maddy Act requirements.
3. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA
MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF
UNCLASSIFIED POSITIONS TO ELIMINATE THE FOLLOWING TITLES -
ASSISTANT DIRECTOR OF ENGINEERING AND GENERAL SERVICES/CITY
ENGINEER, (CBAG) METHAMPHETAMINE STRlKE FORCE COORDINATOR,
CHIEF LEARNING OFFICER, COMMUNITY RELATIONS MANAGER,
CULTURAL ARTS & FUND DEVELOPMENT MANAGER, BUILDING SERVICES
MANAGER, DEPUTY DIRECTOR OF ENGINEERING, DEPUTY DIRECTOR OF
GENERAL SERVICES, DEPUTY DIRECTOR OF PLANNING, DEPUTY FIRE
CHIEF, DEVELOPMENT PLANNING & IMPROVEMENT MANAGER, PLANNING
MANAGER, REDEVELOPMENT MANAGER; GRANTS DEVELOPMENT
MANAGER, ENERGY SERVICES MANAGER, AND EXECUTIVE DIRECTOR OF
THE REDEVELOPMENT AGENCY/CEO OF THE CVRC; AND TO ADD THE
FOLLOWING TITLES - ASSISTANT FIRE CHIEF, ASSISTANT DIRECTOR OF
ENGINEERlNG, EXECUTIVE ASSISTANT TO THE CITY MANAGER; AND
SPECIAL PROJECTS MANAGER (4/5THS VOTE REQUIRED, SECOND READING
AND ADOPTION)
Adoption of the ordinance amends Chula Vista Municipal Code Section 2.05.010 by
eliminating unclassified positions no longer utilized and adding current positions that had
not been included. TillS ordinance was introduced on June 10, 2008. (Human Resources
Director)
Staff recommendation: Council adopt the ordinance.
4. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WAIVING THE FORMAL SELECTION PROCESS AND APPROVING
AGREEMENTS WITH DR. BISCHEL, DVM FOR PROVISION OF A VETERINARY
PREMISE PERMIT AND VETERINARY SERVICES AND WITH DR. JIANNUZZI,
DVM FOR ON-SITE VETERINARY SERVICES AT THE CHULA VISTA ANIMAL
CARE FACILITY AND AUTHORlZING THE CITY MANAGER TO EXECUTE THE
AGREEMENTS
Page 2 - Council Agenda
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June 17,2008
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2007/2008 BUDGET BY TRANSFERRING
$142,800 FROM UNANTICIPATED ANIMAL CARE FACILITY PERSONNEL
SALARY SAVINGS TO SERVICES AND SUPPLIES FOR CONTRACTUAL
VETERINARIAN SERVICES (4/5THS VOTE REQUIRED)
Adoption of the first resolution approves an agreement with Dr. Kendra Jiannuzzi for the
provision of on-site veterinary services Monday through Friday, and an agreement with
Dr. Ginny Bischel to provide the California Veterinary Premise Permit and facility
management in the absence of a permanent Animal Control Manager. The second
resolution authorizes the transfer of salary savings from the Animal Control Manager's
vacant position to offset veterinarian expenditures in the amount of $142,800 to be
incurred December 28, 2007 through June 30, 2008. This item was continued from the
meeting of June 10,2008. (Public Works Director)
Staff recommendation: Council adopt the resolutions.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT
FOR AUTO PARK NORTH TENTATIVE PARCEL MAP 03-03 (DEDICATED
EASEMENT)
Adoption of the resolution allows and obligates the Chula Vista Auto Park Association to
perpetually maintain the landscape and hardscape within the City right-of-way for the
commercial development project known as Auto Park North. (Engineering Director)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE PURCHASE AND
REPLACEMENT OF THE POOL HEATER AT THE LOMA VERDE RECREATION
CENTER TO HORIZON MECHANICAL IN THE AMOUNT OF $77,145, WHICH
WILL BE FUNDED THROUGH CAPITAL IMPROVEMENT PROJECT G0202 AND
REIMBURSED THROUGH THE Ci\LIFORNIA ENERGY COMMISSION LOAN
PROGRAM
The failure of the pool heaters at Lorna Verde Recreation Center was brought to the
attention of Engineering and General Services staff in January 2008. It was determined
that a simple replacement of the main boiler would not be a long term solution to the
failure. Bids were received on May 15,2008, and adoption of the resolution awards the
bid to Horizon Mechanical. (Engineering Director)
Staff recommendation: Council adopt the resolution.
Page 3 - Council Agenda
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June 17,2008
7. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 2008/2009
SPREAD OF ASSESSMENTS FOR OPEN SPACE DISTRICTS 1 THROUGH 11, 14,
15, 17, 18, 20, 23, 24, 26, 31 AND 33, EASTLAKE MAINTENANCE DISTRICT NO.
1, AND BAY BOULEVARD MAINTENANCE DISTRICT; DECLARING THE
INTENTION TO LEVY AND COLLECT THE ASSESSMENT; AND SETTING A
PUBLIC HEARING REGARDING THESE ASSESSMENTS
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 2008/2009
SPREAD OF ASSESSMENTS FOR THE TOWN CENTRE MAINTENANCE
DISTRICT; DECLARING THE INTENTION TO LEVY AND COLLECT THE
ASSESSMENT; Ai\fD SETTING A PUBLIC HEARING REGARDING THE
ASSESSMENT
The City administers and maintains 36 open space districts and associated zones that
have been established over the last 30 years. The districts provide a financing
mechanism to maintain the public open space areas associated with each particular
development. The levy of an aJIDual assessment for Fiscal Year 2008/2009 will enable
the City to collect sufficient funds to provide these ongoing services. (Engineering
Director)
Staff recommendation: Council adopt the resolutions and set the public hearing for
July 8, 2008 at 6:00 p.m.
8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE RENEWAL OF AN AGREEMENT WITH THE SWEETWATER
UNION HIGH SCHOOL DISTRICT FOR THE JOINT USE OF THE LIBRARY
FACILITY AT EASTLAKE HIGH SCHOOL
The agreement between the City of Chula Vista and the Sweetwater Union High School
District, providing for the joint use of the Eastlake High School Library, expires on June
30, 2008. A new agreement to continue this popular collaborative venture has been
negotiated and is scheduled to be approved by the Sweetwater District Board on June 16,
2008. (Library Director)
Staff recommendation: Council adopt the resolution.
9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FISCAL YEAR 2008/2009 MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE CHULA
VISTA ELEMENTARY SCHOOL DISTRICT REGARDING JOINT OPER.A.TlON OF
THE DYNAMIC AFTER SCHOOL HOURS (DASH) AFTER SCHOOL PROGRAM,
AND THE SAFE TIME FOR RECREATION, ENRICHMENT, AND TUTORING FOR
CHILDREN (STRETCH) EXTENDED SCHOOL DAY EDUCATIONAL PROGR.A.M;
AND AUTHORIZING THE MAYOR TO EXECUTE THE MOU
Page 4 - Council Agenda
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June J 7, 2008
The current Memorandum of Understanding (MOU) between the City and the Chula
Vista Elementary School District, in effect until June 30, 2008, authorizes the operation
of two after school programs at elementary school sites. The STRETCH Program, with
its emphasis on literacy and arts emichment, is currently offered at seven district schools,
and a structured sports and recreation program called DASH, at 26 district schools.
Adoption of the resolution approves the Fiscal Year 2008/2009 MOU. (Library Director)
Staff recommendation: Council adopt the resolution.
10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR
CALHOME PROGRAM FUNDS AND AUTHORIZING THE CITY MANAGER TO
EXECUTE ALL NECESSARY AGREEMENTS AND RELATED DOCUMENTS
Adoption of the resolution authorizes the submittal of an application on behalf of the City
by its partner, Community HousingWorks, to the State of California for CalHome funds
to increase available funding for the City's Down Payment and Closing Costs Assistance
Program. If approved, up to $900,000 in State grant funds will be used by the City to: I)
leverage the federal HOME Investment Partnerships Program funds; 2) maximize the
number of first-time homebuyers assisted by the City; and 3) infuse additional funding
into the City's existing first-time homebuyer programs. (Redevelopment & Housing
Assistant Director)
Staff recommendation: Council adopt the resolution.
II. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE
CITY AND COMMUNITY HOUSINGWORKS TO ADD THE OPERATION OF A
PILOT HOMEOWNERSHIP PROGRAM FOR ABANDONED FORECLOSED
PROPERTIES TO THE SCOPE OF WORK, AUTHORIZING THE CITY MANAGER
TO EXECUTE THE FIRST AMENDMENT, ESTABLISHING A NEW, NON-CIP
PROJECT, AND APPROPRIATING $300,000 OF AVAILABLE HOME
INVESTMENT PARTNERSHIP FUNDS TO THAT PROJECT (4/5THS VOTE
REQUIRED)
In response to the increase in vacant, bank-owned properties, the City is proposing a pilot
homeownership progran1 to use targeted homeownership assistance for pre-approved low
income buyers to buy vacant real estate owned properties. The City has unallocated
HOME Investment Partnership funds available to fund this program. Last year
Community HousingWorks was selected to administer the City's Dovmpayment and
Closing Cost Assistance Program, and adoption of the resolution amends the Scope of
Work of the original agreement to add this new program. (Redevelopment & Housing
Assistant Director)
Staff recommendation: Council adopt the resolution.
Page 5 - Council Agenda
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June 17, 2008
ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC COMMENTS
Persons speaking during Public Comments may address the Council on any subject
matter within the Council's jurisdiction that is not listed as an item on the agenda. State
law generally prohibits the Council from discussing or taking action on any issue not
included on the agenda, but, if appropriate, the Council may schedule the topic for future
discussion or refer the matter to staff Comments are limited to three minutes.
PUBLIC HEARINGS
The following itemM have been advertised as public hearing(s) as required by law. If
you wish to speak on any item, please fill out a "Request to Speak" form (available in the
lobby) and submit it to the City Clerk prior to the meeting
12. CONSlDERA.TION OF ACCEPTANCE AND APPROPRIATION OF EDWARD
BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FUNDS
The Police department has received notice of an Edward Byrne Memorial Justice
Assistance Grant award in the amount of $31,860 from the Bureau of Justice Assistance.
Acceptance and appropriation of these funds requires a public hearing per the Justice
Assistance Grant. (Police Chief)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING $31,860 FROM THE BUREAU OF JUSTICE ASSISTANCE FOR THE
2008 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT AND
AMENDING THE FISCAL YEAR 2008/2009 ADOPTED BUDGET BY
APPROPRIATING SAID FUNDS TO THE LOCAL LAW ENFORCEMENT BLOCK
GRAND FUND (4/5THS VOTE REQUIRED)
OTHER BUSINESS
13. CITY MANAGER'S REPORTS
14. MAYOR'S REPORTS
15. COUNCIL COMMENTS
Counci1member Ramirez:
Video Presentation entitled, "Our Global Future, Values For Survival"
Page 6 - Council Agenda
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June 17,2008
CLOSED SESSION
Announcements of octions taken in Closed Session shall be made available by noon on
Wednesday following the Council Meeting at the City Attorney's office in accordance
with the Ralph M Brown Act (Government Code 54957. 7).
16. A. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
Christian Morales v. City ofChula Vista. et al. United States District Court, Case No.
07CVOI86JM (WMc)
B. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
One case
ADJOURNMENT to the Regular Meeting of July 8, 2008 at 6:00 p.m. in the Council
Chambers. The meetings of June 24, July 1 and 3, 2008 are cancelled in
accordance with the Chula Vista Municipal Code.
In compliance with the
AMERICANS WITH DISABILITIES ACT
The City of Chula Vista requests individuals who require special accommodations to access,
attend, and/or participate in a City meeting, activity, or service, contact the City Clerk's Office
at (619) 691-50415041 or Telecommunications Devicesfor the Deaf(TDD) at (619) 585-5655 at
least forty-eight hours in advance for meetings and five days for scheduled services and
activities. California Relay Service is also available for the hearing impaired
Page 7 - Council Agenda
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June 17,2008
THIS ITEM CORRESPONDS WITH REPORT UNDER SPECIAL ORDERS
COUNCIL INFORMA nON ITEM
June 17,2008
TO:
FROM:
VIA:
VIA:
SUBJECT: State Route 125 Traffic Impacts
The approximately 12.5-mile long State Route 125 (SR-125) facility between SR-54 to the north
and eastern Otay Mesa's SR-905 to the south was opened to the public in the early morning of
Monday November 19, 2007, Thanksgiving week (see Attachment #1 "SR-125 Interchange
Locations"). From SR-54 south approximately 3.2-miles to about the northerly City of Chula
Vista city limits at the San Miguel Ranch subdivision is the portion of SR-125 known as the
"Gap & Connector" segment. Although not a part of the toll road, construction on the "Gap &
Connector" segment was done simultaneously with the toll road construction. From north of the
San Miguel subdivision then south to the Toll Plaza in eastern Otay MesalSR-905, is the segment
that is known as the SR-125 Toll Road facility. The toll road segment is approximately 9.3-
miles in length. Although the public has been allowed to access SR-125 since last November,
final work is still on going with the landscaping, local roadways and sound walls. This work is
scheduled to be completed within the next 6 to 8-months.
For the first two months of operation, no tolls were collected in order to encourage users to the
facility. Therefore, this north/south toll road was operated as a freeway. Since mid-January
2008, the facility has operated as a toll road with customers either paying by cash or an
electronic transponder known as FasTrak. In order to encourage the usage of the electronic toll
collection, FasTrak users pay a reduced rate since there are less overhead costs associated with
the transponder as compared to the cash paying customers. Approximately 70% of the SR-125
Toll Road users have a transponder. The transponder, per the California Vehicle Code, must also
work on the other State toll roads and bridges. Thus, any SR-125 transponder will also work on
any San Francisco Bay area toll bridges such as the Golden Gate Bridge. In southern California,
the transponders also work on the entire Orange County toll road system.
This report discusses the changes in traffic patterns and traffic volumes in eastern Chula Vista
since the toll road was opened. South Bay Expressway has informed City staff, that typical
weekday traffic volumes are about 29,500 vehicles per day on the toll road facility. Not all of
these trips originate or terminate in Chula Vista so City staff conducted a series of traffic counts
in order to determine the Average Daily Traffic (ADT) volume reduction on those three key 1-
805 interchange locations of East H Street, Telegraph and East Orange Avenue/Olympic
Parkway. Recent traffic count data shows that these three major roadways at 1-805 have a
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cumulative daily traffic volume that has decreased by approximately II, I 00 vehicles per day, or
a 5.8% reduction from the period before SR-125 was opened (see Attachment #2 "Freeway
Interchange Traffic Volumes (Pre & Post SR-125 Opening - 24 Hour Weekday Directional
ADT"). The percent change on the major corridors in eastern Chula Vista can be seen on
Attachment #3 "Traffic Volumes (Post SR-125 Opening)" and will be discussed in more detail
below. During the 7 to 9 a.m. peak period, volumes are down by 4,800 vehicles, or 19.3% (see
Attachment #4 "Freeway Interchange Trame Volumes (Pre & Post SR-125 Opening) - A.M.
Peak Directional ADT". The 4 to 6 p.m. peak period is down by 3,100 vehicles or 11.0% (see
Attachment #5 "Freeway Interchange Traffic Volumes (Pre & Post SR-125 Opening") - P.M.
Peak Directional ADJ".
City staff has conducted traffic counts in eastern Chula Vista from 1-805 to the area near SR-125
in mid-2007. The attached data is titled "Pre-125 Volume Counts" (see Attachment #6). Most
traffic counts were collected in early November 2007 before SR-125 was opened to the public
and again in early 2008, once tolls were required. Staff did not want to collect traffic counts
from the end of the calendar year 2007 through mid-January 2008 since traffic patterns would
not yet be established during the holiday shopping season. Additionally, larger traffic generators
such as Southwestern College and the Universities around the County would likely be on fall
semester break. Thus, after mid-January when SR-125 started to collect tolls, it was decided that
anytime after that date, traffic patterns would stabilize since no other interchanges or roadways
would be provided in the eastern portion of the City. Traffic counters were set in April and May
2008 for the "after" counts. The attached data is titled "Post-125 48 Hour Volume Counts" (see
Attachment #7).
In order to see how the traffic patterns have changed with the toll road, traffic volumes were also
collected in the vicinity of the local street interchanges with SR-125. Users of the toll road can
access the toll road via State Route 54, at the north end, and at the Otay Mesa Toll Plaza located
approximately 12.5-miles to the south. Per Attachment #1, local street access today is provided
at the following four interchanges throughout eastern Chula Vista:
· Mt. Miguel Road/San Miguel Ranch Road (South off-ramp & North on-ramp only)
. East H Street
. Otay Lakes Road
. Birch Road
In the future, it is anticipated that there will be one or two more interchanges in southern Chula
Vista at Rock Mountain Road and potentially at Otay Valley Road (Main Street extension). In
the Otay Mesa area, there could be one more interchange at Lone Star Road besides the current
southerly limit at Otay Mesa Road. Today, Otay Mesa Road is operating as the interim SR-905.
The ultimate SR-905 freeway project, which had a groundbreaking ceremony on April 25, 2008,
will construct a freeway-to-freeway connector south ofOtay Mesa Road for the SR-125/SR-905
interchange. The new SR-905 will be constructed on a new alignment that is generally parallel
and to the south ofOtay Mesa Road.
During the years before and during construction for the SR-125 Toll Road, the eastern portion of
the City continued with rapid development of several planned communities such as EastLake
Trails, EastLake Vistas, EastLake Woods, Otay Ranch and San Miguel Ranch. In order to
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accommodate the number of homes and businesses during this tremendous period of growth, the
City Council approved the Eastern Chula Vista Traffic Enhancement Program. This program
was created in order to expedite needed roadway improvements near Interstate-80S in order that
the City did not exceed the traffic threshold standards. Of vital importance was the fact that
although SR-125 had an approved Final Environmental Impact Report/Environmental Impact
Statement and a Record of Decision issued by the Federal Highway Administration on June 9,
2000, it would be several more years before construction would commence and much more time
would elapse before the project would be completed and opened to the public. Therefore, there
were three major east/west corridor locations to 1-805 that would be severely impacted since
these are the locations where the daily traffic volumes were already the highest in the City.
These locations were East H Street, Telegraph Canyon Road and Olympic Parkway. Private
construction financing for the SR-125 Toll Road took place in May 2003 and construction
commenced in September 2003.
During the time period of 2001 through 2006, City staff embarked on several improvement
projects on these three corridors. On July 24, 2001, City Council was presented a three-prong
approach involving enhancements to increase traffic capacity. The three-prong approach
involved: (I) enhancements to increase traffic capacity, (2) techniques to reduce peak hour
demand via transportation demand management, and (3) a careful monitoring of both
development activity and traffic levels of service to assure compliance with the City's Growth
Management Ordinance.
Significant coordination and approval were needed with Caltrans and the Federal Highway
Administration in order to expedite these projects. The first traffic enhancement project to begin
construction was the East H Street north side widening project to provide an additional
westbound through lane. This work area was east and west of Hidden Vista Drive and ended just
to the east of the I-80S northbound on-ramp. Secondly, the interchange at East Orange
Avenue/Olympic Parkway was improved. This work was followed concurrently with the East H
Street west-to-north on-ramp work and also the Telegraph Canyon Road north side-widening
project along the Canyon Plaza frontage in order to provide an additional westbound lane. All of
this work required significant coordination with Caltrans and the Federal Highway
Administration in order to meet the construction time commitments. One of the ramps at Main
Street, the southbound off-ramp, was originally included with the original contract for Olympic
Parkway due to the impacts of the Cricket Wireless (Coors) Amphitheatre. As part of the
interchange improvements Caltrans, Federal Highway Administration, SANDAG and the City
Council approved financing and construction of a City initiated change order that added both of
the Main Street on-ramps to the project as well as the westbound approach to I-80S. These
change order improvements were needed due in part to the several new auto dealerships and the
Crossings Shopping Center that were being considered for development along Main Street, east
of I-80S. By adding this additional work as a change order, several years and hundreds of
thousands of dollars were saved instead of doing this work as a stand-alone project
As the City completed the westbound approach to Telegraph Canyon Road, Caltrans followed
shortly thereafter by modifying the southbound off-ramp. The Caltrans initiated project for the
off-ramp was needed in order to reduce the southbound off-ramp vehicle queues.
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SR-125 traffic impacts bv local street sel!ments
Following is each of the roadway segment traffic volumes rounded to the nearest 100 vehicles
per day.
Mt. Mil!uel Road/San Mil!uel Ranch Road
Mount Miguel Road was constructed as a Four-lane Class I Collector roadway through San
Miguel Ranch in three phases starting at its' easterly terminus with East H Street and Proctor
Valley Road. This roadway, per the developer's request, was constructed with an additional
raised median in order to enhance the major access point through the subdivision. A raised
median is not required with a Class I Collector and as such the roadway looks more like a four-
lane Major Roadway. Design volumes for this roadway are approximately 22,000 vehicles per
day for a Class I Collector. As a comparison, a four lane Major roadway has a 30,000-vehicle
design capacity. This issue is important to note since the San Miguel Ranch Home Owner's
Association has expressed concerns over the increasing amount of traffic accessing the SR-125
northbound on-ramp at Mount Miguel Road. As noted below, traffic counts collected recently
and even before SR-125 was opened to the public show volumes less than 8,000 vehicles per
day. This roadway is operating at a Level of Service "A" that for a Class I Collector are any
volume less than 16,500 vehicles per day. City staff and Greg Hulsizer, Chief Executive Officer
with South Bay Expressways met with Commander Steve Ligler, president of the HOA, on
Monday June 9th to discuss the issues related to the toll road and local street traffic volumes.
Commander Ligler is concerned about westbound vehicular speeds on Mount Miguel Road
approaching the SR-125 area due to the downhill grade of the roadway. Staff has contacted the
Police Department for enforcement of the posted speed limit. Commander Ligler is also
concerned that the traffic volume data is not representative of the traffic situation as it pertains to
"cut-through" traffic from the Bonita area. City staff will continue to place traffic counters on
both San Miguel Ranch Road and on Mount Miguel Road but based on existing traffic volumes,
there is no remedial action required at this time since this is a public roadway and the traffic
volumes today are within acceptable levels for a four-lane roadway.
As the subdivision was developed, Mount Miguel Road was extended in a northerly and then in a
westerly direction until it reached the SR-125 toll road corridor. This work was considered
within the first two phases. Mount Miguel Road changes street names at the SR-125 corridor to
San Miguel Ranch Road. The third phase of the San Miguel Ranch subdivision is located west
of the SR-125 Corridor and as San Miguel Ranch Road was constructed, as a condition of
approval for Phase 3, the roadway was not to be opened as an access point to Proctor Valley
Road until the SR-125 toll road was opened to the public. Therefore, the westerly end of San
Miguel Ranch Road was blocked off at the intersection with Proctor Valley Road. Once the toll
road was opened, the Proctor Valley Road intersection was made available to the public as
access point to SR-125 and eastern Chula Vista. There is no traffic count data for San Miguel
Ranch Road prior to the opening of SR-125 since it only served local access.
Traffic counts completed on Mount Miguel Road located immediately east of SR-125 show a
reduction of I, I 00 vehicles per day, or a 14% reduction.
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Before ADT After ADT % Change
Mt. Miguel Road (east of SR-125) 7,900 6,800 (-14%)
San Miguel Ranch Road (west ofSR-125) Road Closed 3,185 N/A
East H Street
The most recent traffic count completed in May of 2008 shows an ADT of 71,700 in the same
location which is a decrease from the previous count conducted in early November 2007 that
showed a traffic volume of 75,500 ADT, a decrease of 3,800 vehicles per day or a decrease in
percentage of 5.8%. The westbound direction near 1-805 has increased by 2,100 vehicles per day
while the eastbound direction has decreased by approximately 6,500 vehicles per day. It is
interesting to note that the westbound daily volumes have increased by 5.5% from 38,100 to
40,200 vehicles per day but during the a.m. and p.m. peak periods, the volumes have decreased.
Eastbound daily volumes have decreased 17.4% from 37,400 to 30,900 vehicles per day.
During the morning peak period of 7 to 9 a.m., traffic volumes have decreased by 900 vehicles
from 9,400 vehicles to 8,500 vehicles, a reduction of 9.6%. During the evening peak period of 4
to 6 p.m., traffic volumes have decreased by 2, I 00 vehicles from 11,200 vehicles to 9,100
vehicles, a reduction of 18.8%.
East H Street just to the west of SR-125 has seen traffic volumes increase by 800 vehicles per
day to 22,700. This represents an increase of 3.7% over previous traffic volumes of 21,900
vehicles per day. Both the eastbound direction to the toll road and the westbound direction away
from the toll road have seen increase of2.8% and 4.5%, respectively.
East H Street Before After ADT % Change
ADT
1-805 to Hidden Vista Dr. 75,500 71,100 (-6%\
Eastlake Dr. to SR-125 21,900 22,700 + 3.7%
Otav Lakes Road & Telel!raph Canyon Road
Approximately 7-miles to the west of this interchange and SR-125/0tay Lakes Road is the
interchange of I-805/Telegraph Canyon Road. The west end of Otay Lakes Road near 1-805 is
called Telegraph Canyon Road.
In Year 2002, the ADT on Telegraph Canyon Road, just east of 1-805, was 64,100 before the
widening project to add an additional westbound lane. The roadway-widening project along the
Canyon Plaza Shopping Center was completed mid-year in 2005 and the traffic volumes had
increased by 11.2% to 72,000 by Year 2006. The most recent traffic count completed in May of
2008 shows an ADT of 61 ,900 in the same location, a decrease of 3.4% since the Year 2002 and
a 4% reduction from last year's count of 64,300.
-5-
Honorable Mayor and City Council
-6-
June 17, 2008
During the morning peak period of 7 to 9 a.m., traffic volumes have decreased by 2,300 vehicles
from 8,800 vehicles to 6,500 vehicles, a reduction of 26.1 %. During the evening peak period of
4 to 6 p.m., traffic volumes have decreased by 300 vehicles from 9,300 vehicles to 9,000
vehicles, a reduction of 3 .2%.
The westbound direction near 1-805 has increased by 600 vehicles per day from 31,400 to 32,000
vehicles per day. The eastbound direction has decreased by approximately 3,000 vehicles per
day from 32,900 to 29,900 vehicles per day.
Telegraph Canyon Road Before ADT After ADT % Change
Halecrest Drive to Oleander Ave 64,300 61,900 (-4%)
Otay Lakes Road
This roadway has been impacted due to on-going perimeter road construction at Southwestern
College for about two years. Since the perimeter road has been worked on in phases, tramc
patterns onto East H Street and to Otay Lakes Road have also been impacted and continue to
change. Generally, traffic volumes on Otay Lakes Road are up in front of Southwestern College
and east ofSR-125 bllt lower west ofSR-125 and towards Bonita Road
West of SR-125, traffic volumes on Otay Lakes Road have decreased significantly near the
intersection of St. Claire Drive/Santa Paula Drive. Before the toll road opened, the ADT was
approximately 49,400 and recently, the ADT has dropped by 13% to 43,100 ADT.
East of SR-125, the recent opening of the Eastlake Village Walk shopping Center of Eastlake
Parkway has also increased traffic in that area. Traffic volumes east of Eastlake Parkway are
higher by 1,500 vehicles per day, a 6% increase. Based on the percentage increases east of SR-
125, it appears that the shopping centers at Eastlake Village North and Eastlake Village Walk are
utilizing SR-125 as a significant access point.
An important location is that Otay Lakes Road at Bonita Road shows that there are
approximately 2, I 00 less vehicles at the very north end of Otay Lakes Road, a 7% reduction in
daily vehicles. SR-125 could have supplanted some of these trips through Bonita Road.
Otay Lakes Road Before ADT After ADT % Change
Bonita Road to Allen School Lane 31,300 29,200 (-7%)
Apache Drive'to Telegraph Canyon Road 30,300 38,200 +26%
St. Claire Drive to SR-125 49,400 43,100 (-13%)
Eastlake Parkway to Lane Avenue 24,800 26,300 +6%
Hunte Parkway to Wueste Road 7,600 8,300 +8%
-6-
Honorable Mayor and City Council
-7-
June 17,2008
Olvmpic Parkway
In Year 2001, the ADT just east of 1-805 was 27,100 before the interchange widening and
roadway extension project. The extension of Olympic Parkway from Brandywine Avenue to
Eastlake Parkway was not completed until June of 2001. The interchange project commenced in
June of2005 and was completed in the spring of2007. Traffic volumes had increased to 51,900
just prior to the opening of SR-125. The most recent traffic count completed in May of 2008
shows an ADT of 47,000 in the same location, a decrease of 4,900 vehicles per day or 9% since
before the toll road opened. Westbound traffic volumes have decreased from 24,900 to 23,300
vehicles per day (-6%) while eastbound traffic has decreased more significantly from 27,000 to
23,700 vehicles per day (-12.2%).
During the morning peak period of 7 to 9 a.m., traffic volumes have decreased by 2,300 vehicles
from 6,700 vehicles to 5,100 vehicles, a reduction of23.9%. During the evening peak period of
4 to 6 p.m., traffic volumes have decreased by 300 vehicles from 7,700 vehicles to 7,000
vehicles, a reduction of 9.1 %.
While the west end of Olympic Parkway has seen a reduction in volumes, the east end near SR-
125 has increased by 13% west of SR-125 and 5% just east of SR-125. Retail activity has also
increased at the east end of this roadway due to the expansion of the movie theaters and other
stores and restaurants at the Otay Ranch Shopping Center. Traffic volume changes suggest that
origin-destination trips near SR-125 have increased.
Olymnic Parkwav Before ADT After ADT % Change
1-805 to Oleander Avenue 51,900 47,000 (-9%)
E. Palomar Street to SR-125 38,700 43,600 +13%
SR-125 to Eastlake Parkwav 38,700 40,500 +5%
Birch Road
Once landscaping along the toll road shoulders is completed between Birch Road and the Otay
Mesa Toll Plaza, bicyclists will be allowed to use the shoulder area. Bicycle access is part ofthe
SR-125 project conditions and design elements since there are no other bicycle facilities within
the area to cross the Otay Valley River. Bicycle access will be allowed sometime later this
summer.
Birch Road traffic volumes have increased and as development continues in Otay Ranch and the
Eastern Urban Center; volumes are expected to increase.
Birch Road Before ADT After ADT % Chan!!e
Magdalena A venue to Eastlake Parkway 4,300 4,600 +8%
Bob Pletcher Way
-7-
Honorable Mayor and City Council
-8-
June 17, 2008
The toll road has not affected this local street undercrossing, since the area to the east of the toll
road is currently undeveloped. The area to the east is part of the Eastern Urban Center.
Rock Mountain Road (future interchan!!e & roadwav)
Currently, there is no interchange or local street roadway at this location. City staff has begun
discussions with South Bay Expressways staff on the timing for construction of the adjacent
roadway and the interchange.
Otav Vallev Road (future interchan!!e & roadwav)
This interchange, if constructed, would be built at the very south end of the City of Chula Vista.
At this point in time, the need for this interchange would depend on the adjacent land uses and
projects proposed for the vicinity. Depending on the proposed projects for the area, the need for
this interchange would be determined as part of those project approvals. In addition, if studies
show that the Rock Mountain Road interchange could not accommodate proposed land use
changes, then the Otay Valley Road interchange will be pursued
Toll Incentive Pro!!ram
On July 17, 2007, the City Council approved Resolutions 2007-181 & 2007-182 that approved
$1.8 M to be used as a toll incentive credit to those residential and non-residential properties that
paid into the Interim SR-125 DIF. Generally speaking, these properties are located closer to SR-
125 than to 1-805. From September 2007 through the end of March 2008, approximately 18,000
eligible residences and about 75 businesses were contacted via mail and were offered electronic
toll credits to encourage the use ofSR-125. By utilizing this toll incentive, vehicular trips would
be redirected from eastern Chula Vista to 1-805 to a more direct route of the local street to SR-
125, thus helping to reduce the congestion on the local streets closest to 1-805.
To date, approximately 33% of the eligible properties have taken advantage of this program.
City staff is continuing to work with South Bay Expressway staff so that more of these eligible
properties sign up for the FasTrak electronic toll system.
Other Issues Affectin!! Traffic Patterns
In preparing the impacts to the local roadway system due to State Route 125, it has been difficult
to show the true effects of this toll road due to a number of factors that have in some way also
affected each of the corridors due to localized, regional or national issues. Some of the factors
that have not been separated out are those affects due to the rising fuel costs over the past year,
the local economy and unemployment rates, the foreclosure market and consequently, the slow
down in construction jobs related to the housing industry which was exceptionally strong during
the time period from fiscal year 2000 through fiscal year 2006. During that seven-year period,
the annual average number of building permits issued was over 2,500 per year. This building
boom slowed down dramatically in fiscal year 2007 and fiscal year 2008 when only 576 and 224
building permits were issued, respectively. Staff will continue to monitor the major corridors as
part of the Growth Management Oversight Commission (GMOC) traffic threshold requirements.
-8-
Honorable Mayor and City Council
-9-
June 17,2008
Growth Management Oversight Commission
On Thursday June 5, 2008, there was a special joint workshop/meeting of the City Council,
Planning Commission and GMOC. In the report, for the period of July I, 2006 through June 30,
2007 SR-125 was not opened to the public. During that reporting period, the following locations
exceeded the City threshold standard for tratric by exceeding Level of Service of "0" for more
than two hours of the day:
I. Heritage Road from Olympic Parkway to Telegraph Canyon Road.
2. La Media Road from Olympic Parkway to Telegraph Canyon Road.
3. Otay Lakes Road from East H Street to Telegraph Canyon Road.
City Traffic Engineering staff found that at these locations, the excessive delay was caused by
the last traffic signal in the corridor. Therefore, the issue of adjusting the signal timing to reduce
the delays at these north/south intersections would increase delays on Telegraph Canyon Road
and at East H Street. Due to the impending opening of SR-125, it was decided to wait until the
opening of the toll road and then wait a few months for traffic patterns to change before any
signal timing changes would be implemented.
To date, here is an update on five intersections that are located along the three corridors that
failed the City's traffic threshold standard and one location at Broadway/Palomar Street that the
Palomar Street corridor is at the threshold standard:
. Broadway/Palomar Street: Although this location is not impacted with the opening of
SR-125 and it has not exceeded the City's traffic threshold standards, eastbound Palomar
Street at the intersection with Broadway is at two hours of LOS "0" during the p.m. peak
period. At the June 5th workshop there was discussion regarding the number of hours that
this location is at the threshold standard. Staff has looked at the data and the p.m. peak
period volumes are the highest in the day during the two-hour period of 4 p.m. to 6 p.m.
Before and after this period, volumes are lower and the level of service does not exceed
"0". During the California Transportation Commission hearings of May 28th and 29th,
City staff was informed that a $640,000 grant, submitted in collaboration with SANDAG
staff, was approved. The funding source is Proposition 1 B "Traffic Light
Synchronization Program" (TLSP). The grant was approved for the Broadway &
National City Blvd corridor, the H Street corridor and the Palomar Street corridor. Work
is expected to begin in a few months.
. Heritage Road/Paseo Ranchero/Telegraph Canyon Road: A.M. peak hour delays have
been reduced by up to 17 seconds for Heritage Road and 11 seconds for Paseo Ranchcro.
Staff is conducting the data collection runs on this corridor to determine the overall level
of service improvement on the north/south corridor and the level of service impacts to the
east/west corridor. A.M. peak hour impacts due to Casillas Elementary School and
Rancho Del Rey Middle School significantly affect the subject intersection performance.
The longest signal-timing plan of 160 seconds has been eliminated and the longest is now
at 144 seconds.
. Heritage Road/Olympic Parkway: The traffic signal timing plans have been revised as
of May 15th This intersection has a very heavy south-to-east left turn demand in the
morning peak period due to Otay Ranch High School. No data is yet available for the
-9-
Honorable Mayor and City Council
-10-
June 17,2008
improvements at this intersection. Staff will provide this information during the next
GMOC review cycle that covers the period in which SR-125 was opened to the public.
o La Media Road/Otay Lakes Road/Telegraph Canyon Road: The traffic signal timing
plans have been revised as of May 30th and some improvement has been noticed. Since
Southwestern College has had their perimeter road project on-going and the end of
semester traffic demands are less than the beginning of the semester, staff will continue
to monitor this location as well as the Otay Lakes Road corridor to see what other
improvements can be made. There is a Capital Improvement Project to widen Otay
Lakes Road from Telegraph Canyon Road/La Media Road to Canyon Drive/Ridgeback
Road. This project is in the design phase at this time.
. East H Street/Otay Lakes Road: This location has incomplete improvements along
the southwesterly corner of the intersection. There are a high percentage of vehicular
turning movements and pedestrians at this skew intersection. Staff is working on an
intersection analysis to determine the ultimate improvements needed but at the same time
working within the right-of-way constraints. Staff is considering several geometric
improvements to the left turn lanes and the right turns lanes among other items, due to the
high percentage of turns from each direction.
Attachments:
1. SR-125 Interchange Location
2. Freeway Interchange Traffic Volumes (Pre & Post SR-125 Opening) 24 Hour Weekday
Directional ADT
3. Traffic Volumes (Post SR-125 Opening)
4. Freeway Interchange Traffic Volumes (Pre & Post SR-125 Opening) A.M. Peak
Directional ADT
. 5. Freeway Interchange Traffic Volumes (Pre & Post SR-125 Opening) P.M. Peak
Directional ADT
6. Pre-SRl25 Volume Counts
7. Post SR-125 48 Hour Volume Counts
M:\Engineer\AGENDA\CAS20081.06-17-08\SR125 info item.doc
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24 HR WEEKDAY DI.RECTIONAL ADT
3.9k /'2.1k (-46.2%) 3.9k / 3.2k (-17.9%)
Mt Miauel Rd/San Miauel Ranch Rd
3.9k I 2.6k (-33.3%) 3.9k / 3.6k (-7.7%)
38.1k / 40.6k (+6.6%)
11.1k /11.6k (+4.5%)
East 'H' Street
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37.4k / 31.1k (- 6.8%)
10.8k /11.1k (+2.8%)
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31.4k /32.0k (+1.9%) 25.1kJ 21.6k (-13.9%)
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Telel;Jraoh Canyon Rd/Otay Lakes Rd
32.9k / 29.9k (-9.1%) 24.3k / 21.6k (-11.1%)
24.9k / 23,3k (-6.0%)
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12.4k /13.5k (+8.9%)
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12.4k /12.9k (+4.0%)
19.3~ 21.7k (+12.4%) 19.3k /19.6k (+1.5%)
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Olymoic Parkway
27.0k / 23.7k (-12.2%)
19.3k / 21.8k (+13.0% 19.3k / 20.9k (+8.3%)
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TRA'FFIC VOLUMES
(POST$RJZ5 OPENING)
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AM PEAK DIRECTIONAL ADT
~7:00 - 9:QO AM}
780/380 (-51.3%)
Mt Miauel Rd/San Miauel Ranch Rd
780/770 (-1.3%)
350/230 (-34.3%) 350/310 (-11.4%)
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5.6k 15.9k (+5.4%)
2.3k 11.2k (-47.8%)
East 'H' Street
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3.8k 1 2.6k (-31.6%)
1.0k 11.1k (+10.0%)
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3.5k 1 2.3k (-34.3%)
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3.9k 1 2.4k (-38.5%)
TelegraDh Canyon Rd/Otay Lakes Rd
2.7k 1 2.5k (-7.4%)
3.9k 1 3.5k (-10.3%)
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2.6k 13.1k (+19.2%)
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OlymDic Parkway
2.8k 11.6k (-42.9%)
1.8k 11.9k (+5.6%)
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2.0k 11.9k (-5.0%)
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1.7k 11.5k (-11.8%)
2.6k 11.7k (-34.6%)
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1.8k 11.8k (0%)
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Mt Miauel Rd/San Miauel Ranch Rd
790/580 (-26.6%) 790/820 (+3.8%)
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4.9k I 5.3k (+8.2%)
1.4k 11.9k (+35.7%)
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6.3k I 3.8k (-39.7%)
2.2k 11.9k (-13.6%)
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3.7k I 3.1k (-16.2%)
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5.1k I 4.9k (-3.9%)
TelearaDh Canyon Rd/Otay Lakes Rd
4.0k I 3.4k (-15.0%)
3.1k I 2.9k (-6.5%)
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2.6k I 3.1k (+19.2%)
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4.6k 14.1k (-10.9%)
3.3k I 3.3k (0%)
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ADT I Post-125'ADT;(%~c:himg~)"
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3.9k 11.6k (-59.0%)
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2.0k 11.8k (-10.0%)
2.6k/2.8k(+7.7%)
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Pre-125
Volume Counts
2007 (day1) 2007 (day2)
# STA St Names From To Total Average NB/EB SB/WB NB/EB SB/WB
1 Birch Rd Magdalena Avenue Eastlake Parkway 4,259 2094 2158 2107 2159
2 Corral Canyon Rd Country Vistas Lane North Chula Vista City Limits 6,918 3309 3508 3429 3590
3 HST-9 East H St 1-805 Hidden Vista 75,512 37189 38173 37679 37983
4 HST-19 East H S\ Eastlake Dr SR 125 21,980 10880 11231 10862 10987
5 HUN-1 Hunte Pkwy Proctor Valley Rd. Otay Lakes Rd. 4,865 2470 2382 2507 2370
6 HUN-2 Hunte Pkwy Otay Lakes Rd. N. Greensview 11,278 5745 5559 5725 5527
7 LAM-1 La Media Telegraph Canyon Rd East Palomar 38,650 19319 19331
8 LN-1 Lane Ave Proctor Valley Rd. Stone Canyon Rd. 7,903 4290 3967 3951 3596
9 Mount Miguel Rd SR-125 Calle La Marina 7,874 3957 3982 3899 3910
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<nl OLY-1 Olympic Pkwy 1-805 Oleander 51,877 26659 24554 27259 25281
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11 OLY-6 Olympic Pkwy E. Palomar St. SR 125 38,650 19319 19331
12 OLY-7 Olympic Pkwy SR 125 Eastlake Pkwy - - - - -
13 OLR-1 Otay Lakes Rd Bonita Allen School Lane 31,261 14800 16390 15090 16242
14 OLR-8 Otay Lakes Rd Miracosta Cir./Apache Telegraph Canyon/La Media 30,311 14642 15597 14795 15587
15 OLR-11 Otay Lakes Rd St. Claire Eastlake Pkwy 49,364 24358 25254 24150 24966
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16 OLR-12 Otay Lakes Rd Eastlake Pkwy Lane Ave 24,769 12376 12438 12347 12377 ~
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17 OLR-14 Otay Lakes Rd Hunte Pkwy Wueste Rd. 7,625 3738 3955 3681 3875
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18 Proctor Valley Rd San Miguel Ranch Rd North Chula Vista City Limits 2,1~8 1062 1145 1059 1109 ~
19 San Miguel Ranch Rd Avenida Loretta SR-125 - - - - i
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20 TCR-3 Telegraph Canyon Rd. Halecrest CresUOleander 64,293 32934 31581 32864 31206~
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21 WIL-1 WillowSt Sweetwater Bonita 14,961 8138 6750 8407 6626
Post-125
48 Hr Volume Counts
Total Ave. (20081 2008 (day 1) 2008 (day 2)
# STA St Names From To Total Ave. (2007) EB/NB WB/SB EB/NB WB/SB
1 Birch Rd Magdalena Avenue Eastlake Parkway 4,259 4,580 2477 2139 2493 2051
2 Corral Canyon Rd Country Vistas Lane North Chula Vista City Limits 6,918. 6,974 3478 3578 3398 3493
3 HST-9 East H SI 1-805 Hidden Vista 75,512 71,124 30933 40191
4 HST-19 East H St Eastlake Dr SR-125 21,980 22,706 11064 11696 11141 11510
5 HUN-l Hunte Pkwy Proctor Valley Rd. 01ay Lakes Rd. 4,865 4,520 2114 2403 2076 2446
6 HUN-2 Hunte Pkwy Otay Lakes Rd. N. Greensview 11,278 11,524 5574 6060 5512 5882
7 LAM-l La Media Telegraph Canyon Rd East Palomar 24,208 25,420 13379 12557 12781 12122
LN-l Lane Ave Proctor Valley Rd. Stone Canyon Rd. 7,903 6,708 3317 3240 3455 3404
MTM-1 Mount Miguel Rd SR-125 Calle La Marina 7,874 6,818 3206 3568 3263 3597
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- Mount Miguel Rd Calle La Marina Proctor Valley Rd - 10,101 4935 5242 4846 5178
-
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OLY-l Olympic Pkwy 1-805 Oleander 51,877 46,950 23675 23214 23661 23349
OLY-6 Olympic Pkwy E. Palomar SI. SR-125 38,650 43,563 22467 21791 21165 21703
OLY-7 Olympic Pkwy SR 125 Eastlake Pkwy - 40,478 20285 19864 21493 19314
8 OLR-l Otay Lakes Rd Bonita Allen School Lane 31,261 29,222 14109 14678 14559 15097
9 OLR-8 Otay Lakes Rd Miracosta Cir.lApache Telegraph Canyon/La Media 30,311. 38,179 18565 19253 19243 19297
11 OLR-11 Otay Lakes Rd SI. Claire Eastlake Pkwy 49,364 43,108 21352 21276 21757 21830
12 OLR-12 Otay Lakes Rd Eastlake Pkwy Lane Ave 24,769 26,326 12790 13858 12912 13091
13 OLR-14 Otay Lakes Rd Hunte Pkwy Wueste Rd. 7,625 8,261 4006 4300 4050 4165
17 Proctor Valley Rd San Miguel Ranch Rd North Chula Vista City Limits 2,188 4,319 2210 2061 2253 2113
18 San Miguel Ranch Rd Avenida Loretta SR-125 - 4,706 2036 2646 2088 2641
20 TCR-3 Telegraph Canyon Rd. Halecrest Crest/Oleander 64,293 61,902 29255 32059 30638 31851
21 WIL-l WillowSt Sweetwater Bonita 14,961 15,033 7360 7965 6928 7813
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DRUT
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
May 6, 2008
4:00 P.M.
A regular meeting of the Citv Council of the Citv of Chula Vista was called to order at 4:02
p.m. in the Council Chambers: located in City Hal( 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers: Castaneda, McCann, Ramirez, Rindone (arrived at
4:29 p.m.), and Mayor Cox
ABSENT: Councilmembers: None
ALSO PRESENT: City Manager Garcia, City Attorney Moore, Interim City Clerk Norris,
and Deputy City Clerk Bennett
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
· INTRODUCTION BY FINANCE DIRECTOR MARIA KACHADOORlAN OF
EMPLOYEE OF THE MONTH, ROSY BARAJAS, ACCOUNTING TECHNICIAN
Finance Director Kachadoorian introduced employee of the month, Rosy Barajas. Mayor Cox
then read the proclamation and Councilmember McCann presented it to Rosy.
· PRESENTATION BY MAYOR COX OF A PROCLAMATION TO BRAD REMP,
ASSISTANT DIRECTOR OF PLANNING & BUILDINGIBUILDING OFFICIAL AND
BEN WEST, CHAIRMAN OF THE BOARD OF APPEALS & ADVISORS,
PROCLAIMING MAY 5 THROUGH MAY 11,2008 AS BUILDING SAFETY WEEK
Mayor Cox read the proclamation and Councilmember Castaneda presented it to Brad Remp and
Ben West. Mayor Cox also recognized City building officials present at the meeting.
· PRESENTATION BY MAYOR COX OF PROCLAMATIONS PROCLAIMING
WEDNESDA Y, MAY 7, 2008 AS PEACE OFFICERS MEMORIAL DAY TO THE
FAMILIES OF FALLEN BORDER PATROL AGENTS ERIC CABRAL AND JAROD
DITTMAN
Police Chief Emerson spoke about the 80 law enforcement officials who gave their lives in the
line of duty in San Diego County, and announced that a memorial in their honor was scheduled
for May 7, 2008, at Balboa Park. Mayor Cox then read the proclamations and Councilmembers
Ramirez and McCann presented them to Chief Emerson.
. PRESENTATION BY MAYOR COX OF A PROCLAMATION TO MARTIN
BARROS, CHAIRMAN FOR CHULA VISTA ELKS YOUTH ACTIVITIES; ROY
JENNESS, EXALTED RULER; AND MIKE CORTEZ, SCHOLARSHIP
CHAIRMAN - CHULA VISTA ELKS LODGE 2011, PROCLAIMING MAY 1
THROUGH MAY 7, 2008 AS YOUTH WEEK
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SPECIAL ORDERS OF THE DAY (Continued)
Mayor Cox read the proclamation and Councilmember McCann presented it to Mr. Barros and
members of Elks Lodge 2011. In recognition of Youth Week, Mayor Cox called upon Bianca
Brodbeck, Chairperson for the City' s Youth Action Council, who gave an overview of recent and
future activities by the Youth Action Council.
CONSENT CALENDAR
(Items I through 9)
Councilmember Castaneda stated that he would be abstaining from voting on Item I A, and Items
2A, 2B, and 9 due to the proximity of his residence to the projects.
I. WRITTEN COMMUNICATIONS
A. Memorandums from Councilmember Steve Castaneda requesting excused
absences from the City Council Meetings of April 15 and 22, 2008.
Staffrecommendation: Council excuse the absences.
B. Letters of resignation from: Sonny Chandler, Commission on Aging; Helen Marie
Stokes, Commission on Aging; Frances E. Cornell, Cultural Arts Commission;
Bertha J. Lopez, International Friendship Commission; Kathleen Marshall,
International Friendship Commission, and Chelsea Rodriguez, Youth Action
Council.
Staff recommendation: Council accept the resignations and direct the City Clerk to post
the vacancies in accordance with Maddy Act requirements.
2. This item was removed from the Consent Calendar.
3. RESOLUTION NO. 2008-114, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACTING AS THE LEGISLATIVE BODY OF
ASSESSMENT DISTRICT NO. 2001-1 OF THE CITY OF CHULA VISTA
ORDERING JUDICIAL FORECLOSURE OF DELINQUENT SPECIAL
ASSESSMENTS PURSUANT TO THE IMPROVEMENT BOND ACT OF 1915 AND
THE MUNICIPAL IMPROVEMENT ACT OF 1913
As part of the City's fiduciary role in administering Assessment Districts and Community
Facilities Districts, Finance staff has been working with NBS, the City's special financing
district administrator, to address delinquent payments of special assessments. Five
parcels within the 2001-1 Reassessment District have been identified as being delinquent
and now face judicial foreclosure as required by the Bond Indenture. Letters were sent to
the property owners notifying them of the judicial foreclosure and requesting payment of
the delinquent assessments in order to avoid such action. To date, no payments have been
recei ved. (F inance Director)
Staff recommendation: Council adopt the resolution.
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4. RESOLUTION NO. 2008-015, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $10,000 FROM THE CALIFORNIA OFFICE
OF TRAFFIC SAFETY AND APPROPRIATING SAID FUNDS TO THE POLICE
GRANT FUND FOR THE CLICK IT OR TICKET PROGRAM (4/5THS VOTE
REQUIRED)
The California Office of Traffic Safety awarded $10,000 to the Police Department for the
Click It or Ticket program in support of the national program. Adoption of the resolution
allows the Police Department to utilize the grant funds for seat belt enforcement on an
overtime basis, with the goal of increasing seat belt use statewide. (Police Chief)
Staffrecommendation: Council adopt the resolution.
5. RESOLUTION NO. 2008-116, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING A $1,000 DONATION FROM WAL-MART
STORE NO. 2479 AND APPROPRIATING SAID FUNDS INTO THE FISCAL YEAR
2008 POLICE DEPARTMENT SUPPLIES AND SERVICES BUDGET (4/5THS VOTE
REQUIRED)
The Police Department received a $1,000 donation from Wal-Mart store No. 2479. The
funds will be used to purchase equipment and supplies for the Police Department.
(Police Chief)
Staff recommendation: Council adopt the resolution.
6. A. RESOLUTION NO. 2008-117, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROPRIATING $325,000 FROM THE AVAILABLE
BALANCE OF THE TRAFFIC SAFETY FUND AND APPROPRIATING SAID
FUNDS TO THE FISCAL YEAR 2008 POLICE DEPARTMENT BUDGET FUND
FOR THE PURCHASE OF TRAFFIC SAFETY EQUIPMENT (4/5THS VOTE
REQUIRED)
B. RESOLUTION NO. 2008-118, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT
FOR THE PURCHASE OF II POLICE MOTORCYCLES TO HUNTINGTON BEACH
HONDA
The Police Department receives funds from each traffic related ticket that is written.
These funds are deposited into the Traffic Safety Fund. The Police Department is
requesting an appropriation of $230,000 from the Traffic Safety Fund for the purchase of
motorcycles, and to accept bids and award a contract for the purchase of 11 police
motorcycles to Huntington Beach Honda. The department is also requesting an
additional appropriation of $95,000 from the Traffic Safety Fund to purchase traffic
safety equipment. (Police Chief)
Staff recommendation: Council adopt the resolutions.
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7. RESOLUTION NO. 2008-119, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING A $335,070 GRANT FROM THE
GOVERNOR'S OFFICE OF EMERGENCY SERVICES FOR THE CALGRIP GRANT
AND DIRECTING STAFF TO INCLUDE FUNDING IN THE FISCAL YEAR 2009
POLICE DEPARTMENT GRANT BUDGET; APPROVING THE ADDITION OF ONE
PEACE. OFFICER TO THE AUTHORIZED POSITION COlJNT OF THE POLICE
DEPARTMENT (4/5THS VOTE REQUIRED)
The Chula Vista Police Department recently received notice that the department had been
awarded the California Gang Reduction, Intervention and Prevention (CaIGrip) grant
from the Governor's Office of Emergency Services. This grant is for a total of$335,070
and will focus on a gang prevention, intervention and suppression project focused on the
western portion of the City for a two-year project running from July 1,2008 through June
30,2010. (Police Chief)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION NO. 2008-120, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING POSTING OF "NO ALCOHOL" SIGNS AT
HARBORSIDE PARK.
Harborside Park, located at 670 Oxford Street, was opened in May 2006. Since its
opening, the rate of violent and disorder calls at the park have increased 252% over the
rate in 2006; from 2.1 per acre per year to 7.4 per acre per year. Alcohol use is a factor in
29% of calls for the park, and 31% of the park's disorder calls. Municipal Code Section
2.66.043 makes it unlawful to consume or possess an alcoholic beverage without a permit
within any City park if signs are posted prohibiting such activity. In order to post the
signs, the Municipal Code requires a City Council resolution finding that the park, or a
portion thereof, is experiencing problems with the public's consumption of alcohol.
Adoption of the resolution makes said finding and approves the posting of the signs,
which will assist the Police Department with enforcement activities. (Police Chief)
Staff recommendation: Council adopt the resolution.
9. This item was removed from the Consent Calendar.
Deputy Mayor Rindone arrived at the meeting at 4:29 p.m., and requested for the record, that the
items under the consent calendar indicate his registration of a "yes" vote.
ACTION:
Councilmember McCann moved to approve staft's recommendations and offered
the balance of the Consent Calendar (Items I, 3 through 8), headings read, text
waived. The motion carried 5-0, except on Item lA, which carried 4-0-1, with
Councilmember Castaneda abstaining.
Public Comments was taken out of order and heard at this time, prior to Items Removed from the
Consent Calendar. The minutes reflect agenda order.
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ITEMS REMOVED FROM THE CONSENT CALENDAR
2. A. RESOLUTION NO. 2008-112, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT
FOR THE "CENTER STREET SEWER REPLACEMENT IN THE CITY OF CHULA
VISTA, (CIP NO. SW-236)" PROJECT TO ZONDIROS CORPORATION IN THE
AMOUNT OF $157,110 AND AUTHORIZING THE EXPENDITURE OF ALL
A V AILABLE CONTINGENCIES AS NECESSARY TO COMPLETE THE PROJECT
B. RESOLUTION NO. 2008-113, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING AN INTERPROJECT TRANSFER FROM
EXISTING CAPITAL IMPROVEMENT PROJECT SW-234 "SEWER
IMPROVEMENTS ON COLORADO BETWEEN J AND K" TO THE "CENTER
STREET SEWER REPLACEMENT IN THE CITY OF CHULA VISTA, (CIP NO. SW-
236)" PROJECT IN THE AMOUNT OF $148,071 TO COMPLETE THE PROJECT
(4/5THS VOTE REQUIRED)
On April 2, 2008, the Engineering & General Services Director received sealed bids for
this project which provides for the replacement of approximately 600 feet of existing 10-
inch vitrified clay pipe with 12-inch poly vinyl chloride pipe within Center Street,
adjacent to the Police Department. Adoption of the resolutions awards the bid and
authorizes the transfer of funds. (Engineering and General Services Director)
Staff reconunendation: Council adopt the resolutions.
9. RESOLUTION NO. 2008-121, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FISCAL YEAR 2008/2009 ANNUAL
ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG),
HOME INVESTMENT PARTNERSHIP ACT (HOME), AND THE EMERGENCY
SHELTER GRANT (ESG) PROGRAMS, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO EXECUTE AN AGREEMENT FOR MANAGEMENT AND
IMPLEMENTATION WITH EACH SUB-RECIPIENT OF FUNDS FROM THESE
PROGRAMS, AUTHORIZING THE CITY MANAGER TO EXECUTE
APPLICATIONS FOR FEDERAL ASSISTANCE WITH THE DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT, APPROVING THE FISCAL YEAR
2007/2008 AMENDED ANNUAL ACTION PLAN AND AUTHORIZING THE
NECESSARY APPROPRIATIONS TO FUND THE FISCAL YEAR 2007/2008
AMENDED ANNUAL ACTION PLAN (4/5THS VOTE REQUIRED)
As a Housing and Urban Development (HUD) entitlement conununity, the City receives
grant funds under the Conununity Development Block Grant (CDBG), Emergency
Shelter Grant (ESG) and the Horne Investment Partnerships Act Program (HOME). The
funds are distributed among local non-profits, housing developers and City departments
to provide dccent housing, economic opportunities and provide a suitable living
environment for low and moderate-income persons. On March II, 2008, the City
Council held a Public Hearing on the 2008/2009 CDBG, HOME and ESG funding
reconunendations. Adoption of the resolution approves the final Action Plan, which
contains the spending plan, as well as the 2007/2008 amended Action Plan to reallocate
unencumbered or unexpended CDBG funds. (Redevelopment and Housing Assistant
Director)
Staff reconunendation: Council adopt the resolution.
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ACTION:
Deputy Mayor Rindone moved to approve staffs recommendations and offered
Items 2 and 9, headings read, text waived. Councilmember McCann seconded the
motion and it carried 4-0-1, with Councilmember Castaneda abstaining, due to the
location of his residence.
PUBLIC COMMENTS
Jo Wavra, Chula Vista resident, representing a used car business located at 3275 Main Street,
spoke in opposition to code enforcement citations by the City.
Tom Stanley, San Diego resident, spoke with respect to the City's code enforcement actions on
the used car lot business located at 3275 Main Street, and suggested that Council provide the
necessary directives to staff on resolving the issues.
Theresa Acerro, Chula Vista resident, representing the Southwest Chula Vista Civic Association,
spoke about her concern with some of the small businesses on Main Street, stating that continued
citations by the City's Code Enforcement Department on these businesses would affect the
importance of balanced jobs and housing that such businesses bring to the community.
Margaret Tuite, Chula Vista resident, spoke regarding the City's budget deficit and the related
jobs and housing imbalance. She spoke of the importance of supporting small businesses in the
City, and that Code Enforcement should not be permitted to make policy decisions. She also
spoke in support of the removal of the Peaker Power Plant.
Penny Bollinger, Chula Vista resident, representing the auto dealerships on Main Street, stated
that redevelopment in the area was necessary, and suggested implementation by the City, of a
redevelopment plan with the dealerships to form a small used auto industry. She stated that these
small businesses were revenue generators for the City, and that doing away with the businesses
would directly affect the look of the area and the families employed by the businesses. She
suggested a meeting between staff and the businesses, to seek financial assistance and incentives
to develop an area for the businesses.
Councilmember Ramirez requested that staff meet with. the speakers to discuss cooperative
efforts for a clear understanding of the City's code enforcement practices, and to bring a report
back to the Council in order for the Council to develop a code enforcement policy.
Councilmember McCann requested that staff work diligently and coIlaboratively with the small
businesses for a continued partnership.
City Manager Garcia responded to the comments, expressing the importance of the history of the
code violations that had been ongoing for the past] 8 years, with minimal attempts by the owners
of the businesses to correct the violations and complaints by surrounding businesses. He
suggested a meeting with the speakers and staff to provide an opportunity to understand the
background of the case.
Mayor Cox noted a letter on the dais from Dave Davis, Chula Vista resident, dated May 6, 2008,
regarding small businesses to be included for the record.
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May 6, 2008
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Pamela Bensoussan, Chula Vista resident, spoke about the importance of small businesses'
contributions to the City's economy, and suggested that the City create outreach programs and
assistance with code compliance to the small business community.
Larry Breitfelder, Chula Vista resident, spoke with respect to the code enforcement issues with
the businesses on Main Street, and suggested that the Council provide direction to staff to meet
legal objectives and to serve the public.
Victor Aguilar, Chula Vista resident and owner of the auto dealership business located at 3328
Main Street, stated that he purchased the business in 2003 and was not aware of prior non-
conforming use violations. He stated that he was recently issued a citation for code violations,
and was concerned that the two-week timeline to cure the violations was very short. He asked
for assistance to make his business compliant. Mayor Cox referred matter to the City Manager.
Mayor Cox announced that Items 2 and 9, Items Removed From The Consent Calendar, would
be addressed at this time. Minutes reflect agenda order.
PUBLIC HEARINGS
10. CONSIDERATION OF ACCEPTANCE OF THE FISCAL YEAR 2006/2007 STATE
COPS SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND
The Police Department was awarded $437,890 in grant funds from the Supplemental Law
Enforcement Services Fund to be used to offset the Over Hire program in Fiscal Year
2009. (Police Chief)
Police Chief Emerson introduced the item.
Mayor Cox opened the public hearing. Since there were no members of the public who wished
to speak, Mayor Cox closed the public hearing.
ACTION:
Deputy Mayor Rindone moved to adopt the following Resolution No. 2008-122,
heading read, text waived:
RESOLUTION NO. 2008-122, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ACCEPTING $437,890 FROM THE STATE
COPS SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (SLESF)
AND DIRECTING STAFF TO INCLUDE $437,890 IN THE FISCAL YEAR
2009 BUDGET OF THE SLESF GRANT FUND
Councilmember Castaneda seconded the motion and it carried (5-0).
OTHER BUSINESS
11. CITY MANAGER'S REPORTS
With respect to future Council meetings, City Manager Garcia recommended cancelling the May
20, 2008 meeting due to a light agenda. It was the consensus of the Council not to cancel the
meeting at this time, with a request by Councilmember Castaneda for a list of agenda items
scheduled for May 20, 2008. Mayor Cox requested that future agenda items be included in the
Council's Information Packet. It was the consensus of the Council to schedule July 23, 2008 for
commissioner interviews, and to cancel the Council meetings of August 19 and August 26, 2008.
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May 6, 2008
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12. MA YOR'S REPORTS
Mayor Cox referred to a recent letter to the Editor of the San Diego Union Tribune from County
Supervisor Greg Cox in response to an April 26th letter to the Editor alleging conspiracy by
Mayor Cox and County Supervisor Cox to influence the District Attorney to file charges against
Councilmember Castaneda. She stated that neither she nor County Supervisor Cox provided a
"tip" to the District Attorney, and serving in her position as Chula Vista Mayor, had never
attempted to influence any criminal investigation or prosecution.
13. COUNCIL COMMENTS
Councilmember Ramirez spoke with reference to his public office hours, stating that he was in
the Winding Walk neighborhood to address concerns about public safety issues raised over the
past several months: To that end, he thanked the City Manager and Police Department for the
presence of Officer Schafer at the community meeting, who explained the issues. He also
mentioned that he had been informed of a program at the Norman Park Senior Center called
"Mining California's Gold," where seniors contribute ideas to help resolve issues in the City, and
stated that he would be working closely with the group. With respect to the rotation of the Vice
Mayor position, he suggested that the rotation continue, that Councilmember Castaneda be
appointed as Vice Mayor, and to discuss the rotation procedure in the next two weeks.
Councilmember Castaneda stated that the Lauderbach Literacy Council was in need of volunteer
tutors to assist adults in the community with literacy needs, and he encouraged anyone interested
in volunteering their services, to contact Jean Reynolds at torta.raJcox.net. He stated he would be
attending the Historic Home Tour on May 10,2008 and volunteering his time at the Grace Farr
House, 163 Cypress Street. He recognized the Third Avenue Village Association (TAVA) and
Chamber of Commerce for the success of the recent Cinco de Mayo event. He spoke about a
proposal by the Fire Department to ban the sale of novelty lighters in retail outlets in the City,
stating that the issue underscored potential problems, and asked parents to give thought to the
potential hazards. He wished his mother and all mothers a happy Mother's Day. He spoke about
recent legal proceedings and charges of perjury against him, which resulted in a not guilty
verdict. He expressed thanks to his family and the community who supported him throughout
the process. He spoke of the need for democracy and also about his pride to serve as a
Councilmember for Chula Vista.
Councilmember McCann stated that he recently attended the Sharp Hospital Foundation
fundraiser, and spoke of the importance of retaining hospitals in the City. He recognized the
Chamber of Commerce and Third Avenue Village Association on the success of the Cinco de
Mayo event. He also thanked his wife and his mother, wishing them and all mothers, a happy
Mother's Day.
Deputy Mayor Rindone stated that he recently attended the Mexican and American Business and
Professional Association, and lecture by Dr. Hayes Bautista. He congratulated the American
Cancer Society on the recent Relay for Life event at Chula Vista High School, and also
congratulated Elizabeth Scott, the event organizer, and all those who participated. He spoke
about his attendance at the Chula Vista Yacht Club season opener event and congratulated the
organization for achieving an active program. He thanked Third A venue Village Association
and the Chamber of Commerce for the successful Cinco de Mavo event. He encouraged
everyone to enjoy honoring mothers on Mother's Day.' ~
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May 6. 2008
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The Council recessed to Closed Session at 5 :28 p.m.
CLOSED SESSION
14. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERJ'JMENT CODE SECTION 54956.9(b)
One Case
No reportable action was taken on this item.
15. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVER.NMENT CODE SECTION 54956.8
Property: Assessor No. 6440801000
Negotiating Parties: Rob Cameron, Jim Sandoval, Ann Moore
Under Negotiation: Price and Terms
This item was not discussed.
16. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE PURSUANT TO
GOVERNMENT CODE SECTION 54957
No reportable action was taken on this item.
ADJOUR.NMENT
At 8:00 p.m., Mayor Cox adjourned the meeting to the Regular Meeting of May 13, 2008 at 6:00
p.m. in the Council Chambers.
Lorraine Bennett, CMC, Deputy City Clerk
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May 6. 2008
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MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
May 13,2008
6:00 P.M.
A regular meeting of the City Council of the City of Chula Vista was called to order at 6:00
p.m. in the Council Chambers, located in City Hal!, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers: Castaneda, McCann, Rindone, and Mayor Cox
ABSENT: Councilmembers: Ramirez (excused)
ALSO PRESENT: City Manager Garcia, City Attorney Moore, Interim City Clerk Norris,
and Deputy City Clerk Bennett
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
· PRESENTATION BY MAYOR COX OF A PROCLAMATION TO KlMBERLY
WEINSTEIN, PROJECT MANAGER FOR SANDAG BIKE TO WORK DAY,
PROCLAIMING FRIDAY, MAY 16,2008 AS BIKE TO WORK DAY IN THE CITY
OF CHULA VISTA
Mayor Cox read the proclamation and Deputy Mayor Rindone presented it to Ms. Weinstein.
· PRESENTATION BY MAYOR COX OF A PROCLAMATION TO CHARLES
GAILBAND (NATURE CENTER CURATOR OF BIRDS), ANDY YUEN (U.S. FISH
AND WILDLIFE SERVICE PROJECT LEADER), JOYCE REMP (NATURE CENTER
CURATOR OF REPTILES), AND MIKE MACE (SAN DIEGO ZOO AND WILD
ANIMAL PARK CURATOR OF BIRDS), PROCLAIMING FRIDAY, MAY 16, 2008
AS ENDANGERED SPECIES DAY
Mayor Cox read the proclamation and Councilmember McCann presented it to Charles Gailband
and Joyce Remp of the Chula Vista Nature Center; Andy Yuen, representing U.S. Fish and
Wildlife Service; and Lori Conrad, representing SeaWorld San Diego.
o PRESENTATION BY MAYOR COX OF A PROCLAMATION TO DAVE BYERS,
PUBLIC WORKS DIRECTOR, PROCLAIMING THE WEEK OF MAY 18 THROUGH
24,2008 AS NATIONAL PUBLIC WORKS WEEK
Mayor Cox read the proclamation and Deputy Mayor Rindone presented it to Mr. Byers.
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May 13, 2008
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SPECIAL ORDERS OF THE DAY (Continued)
. PRESENTATION BY MAYOR COX OF A PROCLAMATION TO PAMELA
THORSCH, EXECUTIVE DIRECTOR, REBUILDING TOGETHER SAN DIEGO,
COMMENDING THE ORGANIZATION FOR ITS EXEMPLARY SERVICES
Mayor Cox read the proclamation and Councilmember Castaneda presented it to Ms. Thorsch.
CONSENT CALENDAR
(Items I through 7)
Councilmember McCann stated that he would abstain from voting on Item 5. Items 4 and 6 were
removed from the Consent Calendar for discussion by Deputy Mayor Rindone.
1. APPROVAL OF MINUTES of the Regular Meeting of April I, 2008 and the Adjourned
Regular Meeting of April 3, 2008.
Staff recommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
Letter of resignation from Angel Rosario, Safety Commission
Staff recommendation: Council accept the resignation and direct the City Clerk to post
the vacancy in accordance with Maddy Act requirements.
3. RESOLUTION NO. 2008-123, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE
AGREEMENT WITH THE CHULA VISTA CHAMBER OF COMMERCE TO
INCREASE THE CONTRACT AMOUNT BY $6,000 FOR FISCAL YEAR 2007/2008
TO BE CONSISTENT WITH THE ADOPTED CITY BUDGET, AND AUTHORIZING
THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT
The Council previously approved a contract with the Chula Vista Chamber of Commerce
to provide visitor infornlation services for Fiscal Year 2007/2008. That agreement
contained an inaccuracy that resulted in the contract amount being $6,000 less than was
previously approved in the City's budget. Adoption of the resolution amends the contract
to be consistent with the City's previously adopted budget. (Economic Development
Officer)
Staff recommendation: Council adopt the resolution.
4. This item was removed from the Consent Calendar.
5. RESOLUTION NO. 2008-124, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING GROUNDS MAINTENANCE SERVICES
FROM GREENSCAPE, INe. IN ACCORDANCE WITH TERMS AND CONDITIONS
OF THE CITY OF CHULA VISTA BID 0-07/08 FOR A ONE-YEAR PERIOD
BEGINNING JULY 1,2008 THROUGH JUNE 30,2009, WITH FIVE, ONE-YEAR
OPTIONS TO EXTEND BY MUTUAL CONSENT THROUGH JUNE 30, 2014
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May 13,2008
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CONSENT CALENDAR (Continued)
The Request for Proposal was advertised in The Star-News and posted electronically on
Planet Bids. Six contractors submitted bids, including one local supplier. Adoption of
the resolution authorizes Greenscape to provide the City's grounds maintenance service.
(Public Works Director)
Staff recommendation: Council adopt the resolution.
6. This item was removed from the Consent Calendar.
7. RESOLUTION NO. 2008-126, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE TWO-PARTY AGREEMENT
BETWEEN B-ADAIR CONSULTING & ADMINISTRATIVE SERVICES AND THE
CITY OF CHULA VISTA TO ADMINISTER THE COMMUNITY HOUSING
IMPROVEMENT PROGRAM, AND AUTHORIZING THE PURCHASING AGENT
TO EXECUTE THE AMENDMENT AND THREE ONE-YEAR OPTIONS TO
EXTEND THE AGREEMENT
As part of a commitment to improve the quality of life and longevity of low-income,
owner-occupied households, the City has funded the Community Housing Improvement
Program (CHIP) to provide low-interest and deferred loans for health and safety-related
repairs. In 2006, the City entered into an agreement with B-Adair Consulting &
Administrative Services to manage the program. Adoption of the resolution amends the
agreement, increasing the authorization limit to $81,250 through June 2009, and
authorizes the purchasing agent to execute three additional one-year options to extend,
for a maximum of $30,000 each. (Redevelopment and Housing Assistant Director)
Staff recommendation: Council adopt the resolution.
ACTION:
Deputy Mayor Rindone moved to approve staff s recommendations and offered
the balance of the Consent Calendar (Items 1-3, 5, and 7), headings read, text
waived. Councilmember McCann seconded the motion and it carried 4-0, except
Item 5, which carried 3-0-1, with Councilmember McCann abstaining.
ITEMS REMOVED FROM THE CONSENT CALENDAR
4. INVESTMENT REPORT FOR THE QUARTER ENDED MARCH 31,2008
The quarterly investment report provides information on various cash balances,
investment transactions and the status of the pooled investment portfolio in accordance
with the Goverrunent Code Section 53646 and the Council Investment Policy adopted on
February 12,2008. (Finance Director)
Staff recommendation: Council accept the report.
ACTION:
Deputy Mayor Rindone moved to accept the report. Councilmember Castaneda
seconded the motion and it carried 4-0.
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May 13, 2008
DRAFT
ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued)
6. RESOLUTION NO. 2008-125, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE PERFORMING AND VISUAL ARTS
TASK FORCE SELECTION OF THE FISCAL YEAR 2008/2009 PERFORMING AL'\fD
VISUAL ARTS GRA.NT RECIPIENTS AND MONETARY GRANT AWARDS
TOTALING $35,000
In 1997, the Council approved a Sublease with Live Nation, Inc. (formerly Universal
Concerts) that established a process whereby a portion of ticket sales proceeds at the
Cricket Wireless Amphitheater would be paid to the City and utilized for a Performing
and Visual Arts Fund. The fund is to be used for arts grants to the Chula Vista
community for the purpose of promoting and stimulating the growth of performing and
cultural arts within Chula Vista. This year the library received $34,630. Adoption of the
resolution approves the recommendations of the Performing and Visual Arts Task Force,
which were also endorsed by the Cultural Arts Commission. (Library Director)
Staffrecommendation: Council adopt the resolution.
Deputy Mayor Rindone requested that statf include the San Diego Junior Theatre m the
Council's review of the grant funding next year.
ACTION:
Deputy Mayor Rindone moved to approve staffs recommendation and offered
Resolution No. 2008-125, heading read, text waived. Councilmember Castaneda
seconded the motion and it carried 4-0.
PUBLIC COMMENTS
Sunshine Horton, El Cajon resident, invited the Council to her "Birthday Bash", at which time
she will be dancing for 21 hours to benefit Rady Children's Hospital and law enforcement. She
stated that the event was scheduled for August 17-18,2008, at the Downtown Cafe, 182 East
Main St. El Cajon, at 12:00 noon.
Sandy Duncan, Chula Vista resident, spoke with respect to Proposition E scheduled for the June
3, 2008 ballot; she stated that she heard the City was paying for a report, which she believed
would be one-sided and unfair.
OTHER BUSINESS
8. CITY MANAGER'S REPORTS
City Manager Garcia informed the Councilmembers that a schedule of future agenda items was
provided in their information packets for review.
Page 4 - Council Minutes
May 13,2008
/~-~
DRAFT
OTHER BUSINESS (Continued)
9. MAYOR'S REPORTS
A.
Ratification of appointment of Anthony San Nicolas to the Commission on Aging.
B.
Ratification of the appointment of Mikki Zbikowski to the Commission on Aging.
ACTION:
Mayor Cox moved to ratifY the appointments of Anthony San Nicolas and Mikki
Zbikowski to the Commission on Aging. Councilmember McCann seconded the
motion and it carried 4-0.
Mayor Cox recognized Mr. Williams, and students of Hilltop High who were school present at
the meeting.
10. COUNCIL COMMENTS
Councilmember Castaneda stated that he hoped families had enjoyed Mother's Day, and he
recognized the Otay Ranch farmers market as a welcome addition to the community. He spoke
regarding a letter to the City Manager, from Bruce Hollingsworth, President of the Port
Authority, dated April 29, 2008, which requested the Chula Vista City Council to consider a self-
imposed restraint on communications with principals of Gaylord and Pacifica regarding the
Chula Vista Bayfront Master Plan, and requested the matter to be placed on an agenda for
discussion in the near future.
Council member McCann stated that he attended the recent Veterans Home Foundation
fund raiser event, and thanked the foundation for its efforts in raising funds for veterans in Chula
Vista. He hoped everyone had a great Mother's Day.
Deputy Mayor Rindone stated that he attended the grand opening of the Otay Ranch Town
Center farmers market, and congratulated the Otay Ranch Town Center and Tina Medina, the
publicity coordinator, and thanked the Otay Ranch High School's Music Ensemble for providing
the music at the event. He hoped everyone spent time with their mothers on Mother's Day.
The Council convened in Closed Session at 6:40 p.m.
CLOSED SESSION
II. A. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
Doss. Angela v. City ofChula Vista, San Diego Superior Court, Case No. GIS286l6
Vicki J. Holmes. et al. v. Kenneth Fowler. et al. San Diego Superior Court Case No.
GlSl8444
Jill Ortega v. Citv of Chula Vista, San Diego Superior court Case No. GlS27572
No reportable action was taken on this item.
Page 5 - COlUlciJ Minutes
May 13, 2008
/6-5
DRAFT
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOYER1'iMENT CODE SECTION 54956.8
Property: Assessor No. 6440801000
Negotiating Parties: Rob Cameron, Jim Sandoval, Ann Moore
Under Negotiation: Price and Terms
No reportable action was taken on this item.
ADJOURNMENT
At 7:30 p.m., Mayor Cox adjoumed the meeting to the Regular Meeting of May 20, 2008 at
6:00 p.m. in the Council Chambers.
~L' C;-~-
orrame Bennett, M ,Deputy Ity Clerk
Page 6 - Council Minutes
May 13, 2008
/er0
,.
~~~
~
~'~~~
Mayor and City Council
City Of Chula Vista
276 Fourth Avenue
Chula Vista, Ca 91910
619.691.5044 - 619.476.5379 Fax
M,", 'I\\E' M" ,^
-."ffb '?V
OlY OF
CHULA VISTA
-'~<>'-~ .;;j"'P;,~~&1~:~~.'\'-i\;!~' . ~"""r, '''':i.,;',;'f<~fi.~;:;'!F~.:i'.
Wednesday, May 28,2008
RE:
Honorable Mayor & City Council
Jerry R. Rindone, Deputy M~ ~
Request For Excused Absence U
TO:
FROM:
.' ~l. ....;'~;l'
-;,.;:;,:'P. ,,;t,;;'~,'i":'
As I will be out of town attending the League of California Cities' 2008 Executive Forum
in Lake Tahoe from June 4th thru June 6th, 2008, I respectfully request an excused
absence from the Joint City Council, GMOC and Planning Commission meeting of
Thursday, June 5th, 2008,
Thank you.
2A
Page 2 of 2
Attn: Lorraine Bennett, City Clerk's Office
Mayor and Council
276 Fourth Avenue
Chula Vista, CA 91910
April 24, 2008
Steven Zasueta
276 4th Avenue
Chula Vista, CA 91910
RE: Resignation of Housing Advisory Commission Resignation
City Clerk Bennett,
Effective on June 25, 2008 I hereby resign from the Chula Vista Housing Advisory Commission. I have been
informed I am going to be involuntarily mobilized by the Air Force Reserve for a period of approximately ten months
beginning in July 2008 and will be unable to attend Commission meetings.
Very respectfully,
IIIISIGNEDIIII
Steven S. Zasueta
Chairman, Housing Advisory Commission
Cell: 619-857-5901
E-mail: stevezas(ij)att.net
2B
n.r::R\\O~
~~ ~\J
ORDINAl\fCE NO. S)\~G ~
~~~
ORDINANCE OF THE CI1;~ClQ~ CHULA VISTA
AMENDING CHULA VISTh MUNICIPAL CODE
SECTION 2.05.010 RELATING TO THE
ESTABLISHMENT OF UNCLASSIFIED POSITIONS
TO ELIMINATE THE FOLLOWING TITLES -
ASSISTANT DIRECTOR OF ENGINEERING A.ND
GENERAL SERVICES/CITY ENGINEER, CBAG
METHAMPHET AMINE STRIKE FORCE
COORDINATOR, CHIEF LEARNING OFFICER,
COMMUNITY RELATIONS MANAGER, CULTURAL
ARTS & FUND DEVELOPMENT MANAGER,
BUILDING SERVICES MANAGER, DEPUTY
DIRECTOR OF ENGINEERING, DEPUTY DIRECTOR
OF GENERAL SERVICES, DEPUTY DIRECTOR OF
PLAN"NING, DEPUTY FIRE CHIEF, DEVELOPMENT
PLANNING & IMPROVEMENT MANAGER,
PLAt\TNING MANAGER, REDEVELOPMENT
MANAGER, GRANTS DEVELOPMENT MANAGER,
ENERGY SERVICES MANAGER, AND EXECUTIVE
DIRECTOR OF THE REDEVELOPMENT
AGENCY/CEO OF THE CVRC; AND TO ADD THE
FOLLOWING TITLES - ASSISTANT FIRE CHIEF,
ASSISTANT DIRECTOR OF ENGINEERING,
EXECUTIVE ASSIST ANT TO THE CITY MANAGER
AND SPECIAL PROJECTS MANAGER
WHEREAS, the Human Resources Department has created new classifications to
better reflect the needs of the City's workforce; and
WHEREAS, Chula Vista City Charter Section 500(a) requires that all new
unclassified management level positions be adopted by ordinance and a four-fifths vote
of the Council; and
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as
follows:
SECTION I: That Section 2.05.010 of the Chula Vista Municipal Code is hereby
amended to read as follows:
2.05.10
Unclassified positions established.
In addition to those unclassified positions specifically delineated in
Section 500 of the Charter of the City, there are established the
J:\AtlOm~y\Ordi[l:lnce\Uncl~ssified Position Ord. OBA-HR_06-IO-08 (c1eoll <;~).doc 3-1
~~.!_~~1~_~-r!'if'..r- _'ji':Zji.ff,.: _ ~~,-i:"",r~f .P.' { ~,tG.J~-K.-;".~
Ordinance No.
Page 2
unclassified poslllons entitled Administrative Services Manager,
Advanced Planning Manager, Animal Control Manager, Assistant Chief of
Police, Assistant Director of Budget and Analysis, Assistant Director of
Building and Housing, Assistant Director of Engineering, Assistant
Director of Finance, Assistant Director of Human Resources, Assistant
Director of Planning, Assistant Director of Public Works, Assistant
Director of Recreation, Assistant Director of Redevelopment and Housing,
Assistant Fire Chief, Assistant Library Director, California Border
Alliance Group (CBAG) Deputy Executive Director, CBAG Director -
SD LECC, CBAG Administrative Analyst I, CBAG Administrative
Analyst II, CBAG Analyst, CBAG Budget Manager, CBAG Executive
Assistant, CBAG Executive. Director, CBAG Graphics
).
Designer/Webmaster, CBAG Lead Programmer Analyst, CBAG
Management Assistant, CBAG Microcomputer Specialist, CBAG
Network Administrator I, CBAG Network Administrator II, CBAG
Network Manager, CBAG Program Analyst, CBAG Program Manager,
CBAG Regional Computer Forensic Laboratory Network Engineer, Chief
of Staff, City Engineer, Coastal/Environmental Policy Consultant,
Constituent Services Manager, Deputy Building Official, Deputy City
Manager, Development Planning Manager, Director of Budget and
Analysis, Director of Communications, Director of Conservation and
Environmental Services, Economic Development Officer, Executive
Assistant to the City Manager, Fiscal Operations Manager, Government
Relations Liaison, Human Resources Operations Manager, Office
Specialist (Mayor's Office), Parks and Open Space Manager, Police
Captain, Purchasing Agent, Real Property Manager, Redevelopment and
Housing Manager, Risk Manager, Senior Council Assistant, Special
Projects Manager, Traffic Engineer, Transit Coordinator, Transit Manager,
Treasury Manager.
SECTION II: This ordinance shall take effect and be in full force thirty days from its
adoption.
Presented by
Approved as to form by
Edward Van Eenoo
Director of Budget and Analysis
.-..j.> 0\ \~ \\. "~
1)\<;). :k}~\ \'\ \ . {~~, I( I
. . ~"
City Attorney
J:\Allomey\Ord;natlce\UnclU5si~ed Position Ord - OBA-HR_06-10-0S (ckan ee).doc 3 - 2
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r.." ~- ..
ORDIN.Ai'\fCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA
,i\JVlENDING CHULA VISTA MUNICIPAL CODE
SECTION 2.05.010 RELATING TO THE
ESTABLISHMENT OF UNCLASSIFIED POSITIONS
TO ELIMINATE THE FOLLOWING TITLES -
ASSISTANT DIRECTOR OF ENGINEERING ,Ai"lD
GENERAL SERVICES/CITY ENGINEER, CBAG
METHAMPHETAMINE STRIKE FORCE
COORDINATOR, CHIEF LEARNING OFFICER,
COMMUNITY RELATIONS MANAGER, CUL TURA.L
ARTS & HJt,m DEVELOPMENT MANAGER,
BUILDING SERVICES M.A..t'iAGER, DEPUTY
DIRECTOR OF ENGINEERING, DEPUTY DIRECTOR
OF GENERAL SERVICES, DEPUTY DIRECTOR OF
PLANNING, DEPUTY FIRE CHIEF, DEVELOPMENT
PLAr..'NING & IMPROVEMENT MANAGER,
PLANNING MANAGER, REDEVELOPMENT
MANAGER. GR-i\NTS DEVELOPMENT MANAGER.
ENERGY SERVICES MANAGER. AND EXECUTIYF
DIRECTOR OF THE REDEVELOPMENT
AGENCY/CEO OF THE CVRC; AND TO ADD THE
FOLLOWING TITLES - ASSISTANT FIRE CHIEF,
ASSISTANT DIRECTOR OF ENGINEERING, /.1"13
EXECUTIVE ASSISTANT TO THE CITY MANAGER
AND SPECIAL PROJECTS MANAGER
\
WHEREAS, the Human Resources Department has created ne'v classifications to
better reflect the needs of the City's workforce; and
WHEREAS, Chula Yista City Charter Section 500(a) requires that all new
unclassified management level positions be adopted by ordinance and a four-fIfths vote
of the Council; and
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as
follows:
SECTION 1: That Section 2.05.010 of the Chula Vista Municipal Code is hereby
amended to read as follows:
2.05.10
UnclassifIed positions established.
In addition to those unclassified positions specifically delineated in
Section 500 of the Charter of the City, there are established the
J_.\All.Orn<:y\Ordinance\lJ1\cla,siflerl position Ore _ OBA_HR_QQ..\O.08 (redlinel_do~ 3 - 3
Ordinance No.
Page 2
unclassified pOSItlons entitled Administrative Services Manager,
Advanced Planning Manager, Animal Control Manager, Assistant Chief of
Police, Assistant Director of Budget and Analysis, Assistant Director of
Building and Housing, Assistant Director of Engineering and General
Scr';ice~!Ci,)" Engineer, Assistant Director of Finance, Assistant Director
of Human Resources, Assistant Director of Planning, Assistant Director of
Public Works, Assistant Director of Recreation, Assistant Director of
Redevelopment and Housing, Assistant Fire Chief. Assistant Library
Director, California Border Alliance Group (CBAG) Deputy Executive
Director, CBAG Director - SD LECC, CBAG Administrative Analyst I,
CBAG Administrative Analyst II, CBAG Analyst, CBAG Budget
Manager, CBAG Executive Assistant, CBAG Executive Director, CBAG
Graphics Designer/Webmaster, CBAG Lead Programmer Analyst, CBAG
Management Assistant, CB/\G Methamphet::unffie- Strike Force
Coordir.utcr, CBAG Microcomputer Specialist, CBAG Network
Administrator I, CBAG Network Administrator II, CBAG Network
Manager, CBAG Program Analyst, CBAG Program Manager, CBAG
Regional Computer Forensic Laboratory Network Engineer, Qqtef
Learning OHlcer, Chief of Staff, City Engineer, CoastallEnvironmental
Policy Consultant, Cc;nr.~~mit). Relations Manager, Constituent Services
Manager, C~;lLlrul .\rrc; and F~md Dc';elopment M:magcr, Deputy Building
Official, BLdding SG,:ices ',18;;2gor, Deputy City Manager, Depat).
Di;-cclor of E:1gineeri::;;, Deput)" D;rcelo~ of Genoml Services, Deputy
f)ireclor of Pb:ming, tfeputJ- Fire-Ghicf, Dcyc!opmeffi-Pbn..-jng ilnd
Impro';C;rrCl1t Mil:1::gcr, Development Planning Manager, Director of
Budget and Analysis, Director of Communications, Director of
Conservation and Environmental Services, Economic Development
Officer, Suer;;}' Sorvico~ MGD2ger, Executive Assistant to the Citv
Manager. C::ceutiyc Director of the Rcdcyelopment .\gc;lC)"!CEO of the
CYRe, Fiscal Operations Manager, Government Relations Liaison, G"'fill'lf&
Dc';clopment 1\1c.nager, -Human Resources Operations Manager, Office
Specialist (Mayor's Office), Parks and Open Space Manager, Plan..-:ing
l'.'IQn~.ger, Police Captain, Purchasing Agent, Real Property Manager,
Redevelopment and Housing Manager, Redc';olopmont Manager, Risk
Manager, Senior Council Assistant, Special Proiects Manager. Traffic
Engineer, Transit Coordinator, Transit Manager, Treasury Manager.
SECTION II: This ordinance shall take effect and be in full force thirty days from its
adoption.
Presented by
Approved as to form by
Edward Van Eenoo
Director of Budget and Analysis
City Attorney
J:\AnomeyIOrdinance\Uncla5sified Position Ord - OBA-HR_06-10-08 (redline)_doc 3 - 4
ITEM 4
Item 4 was continued from 6/1 0/08. The attached agenda
statement, dated 6/17/08, was revised to incl ude the addendum on
page 6, along with two new attachments: 1) Summary of Vendors,
and 2) Services and Volunteer Questions/1ssues Addendum
AJJ.~-\-1tl1'\oJ k.:f1Jy-~e-n ltewl "\
. (Conre~+ed +:1 PlXijl'^<Zfl-J ecJ e('fDf )
CITY COUNCIL
AGENDA STATEMENT
~,\ 'f:.. CITY OF
~CHULA VISTA
6/17/08, Item Lj
ITEM TITLE:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE FORMAL SELECTION PROCESS
AND APPROVING AGREEMENTS WITH DR. BISCHEL, DVM
FOR PROVISION OF A VETERINARY PREMISE PERMIT AND
VETERINARY SERVICES AND WITH DR. JIANNUZZI, DVM
FOR ON-SITE VETERINARY SERVICES AT THE CHULA VISTA
ANIMAL CARE FACILITY AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE AGREEMENTS
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FISCAL YEAR 2007/2008
BUDGET BY TRANSFERRING \ $142,800 \ FROM
UNANTICIPATED ANIMAL CARE FACILITY PERSONNEL
SALARY SAVINGS TO SERVICES AND SUPPLIES FOR
CONTRACTUAL VETERINARIAN SERVICES
DIRECTOR OF PUBLIC WORKS
CITY MANAGER
ASSISTANT CITY MANAGER
4/STHS VOTE: YES ['><'J NO D
SUBMITTED BY:
REVIEWED BY:
SUMMARY
Adoption of the first resolution approves an agreement with Dr. Kcndra Jiannuzzi for the
provision 0 f on-site Monday through Friday veterinary services and an agreement with Dr.
Ginny Bischel's to provide the California Veterinary Premise Permit and facility management in
the abscncc of a permanent Animal Control Managcr. The second resolution authorizcs the
transfer of salary savings from the Animal Control Managcr's vacant position to offset
veterinarian expenditnres in the amount of $142,800 to be incnrred Decembcr 28, 2007 through
June 30, 2008.
ENVIRONMENTAL REVIEW
Thc Environmental Review Coordinator has reviewed the proposcd activity for compliancc with
the California Environmental Quality Act (CEQA) and has deternlined that there is no possibility
that thc activity may have a significant effect on the environment; thcrcfore, pursuant to Section
15061(b)(3) of the Statc CEQA Guidelines the activity is not subject to CEQA. Thus, no
environmcntal review is necessary.
6/17/08, Iteml
Page 2 of 7
RECOMMENDATION
Council adopt both resolutions.
BOARDS/COMMISSION RECOMlVlENDA nON
Not applicable.
DISCUSSION
On December 28,2007, the City's Animal Control Manager, Dr. Dorothy York DVM, elected to
participate in the City's early retirement program leaving the Animal Care Facility with no
California licensed veterinary doctor who would agree to place his/her name on the City's
Veterinary Premise Permit.
A Veterinary Premise Permit is required by the State of California in order for the City to
continue to operate the Animal Care Facility and provide basic medical services to the animals at
the shelter. In order to secure such a permit, a licensed veterinarian needs to place their name
and license on our permit. Since Dr. York was a licensed veterinarian, she was on the City's
permit. With her departure, the City needed to find a veterinarian who would be willing to place
their name and license on the permit.
While Dr. York was employed with the City, there were a number of relief veterinarians who
came into the facility and provided medical services on an hourly basis. Staff attempted to
ascertain whether any of these veterinarians would be willing to license our facility without
success. During the week prior to Christmas, Dr. Ginny Bischel, DVM, approached the City and
offered to license the facility and assist statT in reviewing the operations of the facility as well as
finding a permanent long-term solution for the provision of veterinarian services and a premise
permit. Dr. Bischel operates a private veterinary facility in the Eastlake Village shopping center
at the intersection of Otay Lakes Road and Eastlake Parkway. She has over 14 years of
municipal shelter experience as a previous employee of the County of San Diego and has
supported the Chula Vista Animal Care Facility for over 10 years.
Dr. Bischel was tasked with the responsibility of finding a long-term solution for the provision of
veterinary care and a premise permit for the Animal Care Facility. After months of evaluating
various alternatives including: continuing to retain hourly relief veterinary services, contracting
veterinarian services to private veterinarians, outsourcing services to local veterinary practices
and creating a full-time City veterinary position, staff and Dr. Bischel are recommending an
agreement for on-site Monday through Friday veterinary services including the option to provide
the Veterinary Premise Permit with Dr. Jiannuzzi. Staff hopes to transfer the Veterinary Premise
Pern1it during the course of Dr. Jiannuzzi's agreement. Until such time as the Veterinary Premise
Permit is transferred to Dr. Jiannuzzi and a permanent Animal Control Manager is hired, it is
proposed that Dr. Bischel continue to license the facility and assist in the management of the
facility.
The State of California requires all municipal shelters to retain a Veterinary Premise Permit.
Difficulties finding a veterinarian that will place his/her name on the premise are not unique to
Chula Vista. The State Veterinarian Board has indicated that many municipalities have elected
to contract these services out in order to comply with the State regulations.
4-2
6/17/08, Item L
Page 3 of7
After an extensive search for a permanent solution for on-site veterinarian services, staff has
negotiated a reasonable responsible agreement for veterinarian services including the retention of
a Veterinary Premise Permit. The first resolution authorizes the agreement with Dr. Jiannuzzi
for the provision of on-site Monday through Friday veterinary services and an agreement with
Dr. Bischel's to provide the Veterinary Premise Permit and facility management in the absence
of a permanent Animal Controll Manager. Both Dr. Bischel and Dr. Jiannuzzi have been
instrumental in managing the veterinarian care at the Animal Care Facility since Dr. York's
departure. The quality and consistency of service delivery has improved significantly as a result
of their efforts.
The agreement for Dr. Jiannuzzi becomes effective July 1, 2008 and may be extended on an
annual basis for up to 3 years upon mutual consent. The agreement with Dr. Bischel becomes
effective July 1, 2008 through December 31, 2008 with an option to terminate or extend
contingent on the transfer of the Veterinary Premise Permit to Dr. Jiannuzzi.
The second resolution authorizes the transfer of salary savings from the Animal Control Manager
vacant position to offset veterinarian expenditures in the amount of $142,800 to be incurred
December 28, 2007 through June 30, 2008. Dr. Bischel and Dr. Jiannuzzi are providing current
veterinarian services on a contractual basis.
Agreements
Staff is recommending approving agreements with Dr. Bischel and Dr. Jiannuzzi based on the
following findings:
o The six hourly relief veterinarians on City payroll and contacted by City staff have
declined to provide full-time veterinarian services and retain a Veterinary Premise
Permit.
o Staff and Dr. Bischel have contacted over a dozen veterinarians using the Veterinarian
Association Intercom system to retain the services of a full time veterinarian who have
declined to provide the services and license the facility.
. Local privately owned veterinarian businesses in Chula Vista have declined to provide
the services beginning July 1,2008.
o Other veterinarians are willing to provide services on a daily rate basis, but have declined
to retain the California Veterinary Premise Permit due to the potential liability involved
with the use of their private license for a municipal facility, which must take in all strays.
o Dr. Bischel followed lip on over a dozen leads and interviewed various interested
veterinarians which did not meet minimum qualifications and service requirements.
· The cost of retaining a full-time veterinarian as City staff is not cost effective. The
market rate for a veterinarian is $75 an hour. Step E of the City Veterinarian
classification is $53 an hour.
4-3
6/17/08, Item ~
Page 4 of 7
o Staff has negotiated a reasonable responsible bid for on-site veterinarian services with
both Dr. Bischel and Dr. Jiannuzzi including retention ofa Veterinarv Premise Permit
- . .
. These proposed agreements enable the City to retain a Doctor of Veterinary Medicine
from 8 am to 5 pm Monday through Friday and on Saturdays for special veterinarian
vaccine clinics to be held periodically throughout the year, excluding holidays observed
by the City of Chula Vista.
. The combination of Dr. Bischel and Dr. Jiannuzzi will enable the City to provide services
in accordance with State and Federal Drug Enforcement Agency regulations related to the
care and treatment of animals.
o Dr. Bischel will continue to assist in the administration of the Animal Care Facility until
such time as a full time Animal Control Manager is hired and Dr. Jiannuzzi is ready to
retain the Veterinary Premise Permit. The recruitment for the manager position is
currently open.
. Dr. Bischel will assist in the training of Animal Care Facility employees as required by
providing ongoing education materials and demonstration of appropriate medical
procedures including, but not limited to euthanasia certification and sedation of animals.
Cost of Fiscal Year 2008/09 A!!:reement- Dr. Jiannuzzi
Dr. Jiannuzzi has agreed to provide the required on-site veterinarian services for a daily rate of
$500; an estimated annual cost of $117,500 for 235 workdays. The agreement also provides for
an additional $100 per day in compensation upon the transfer of the Veterinary Premise Permit
and responsibilities from Dr. Bischel to Dr. Jiannuzzi. Based on a $600 daily rate, the estimated
annual cost is $144,000 to provide both the on-site Monday through Friday veterinary services
and retain the Veterinary Premise Permit. Dr. Jiannuzzi has been working at the Animal Care
Facility since February 5, 2008.
Staff estimates that the cost of retaining a full-time veterinarian plus vacation and sick leave
coverage would cost in excess of $198,750 based on the daily rate of $650.
Term of Agreement
The term of the agreement is for a one-year period with the option to administrati vely extend on
an annual basis for up to an additional 3 years. The agreement requires the contract veterinarian
to provide a 90-day advance notice before the effective date of termination. The 90-day period is
required to give the City a transitional period to secure veterinary services. The initial one-year
agreement period will give both the City and Contract Veterinarian the opportunity to evaluate
the effectiveness of the agreement and make necessary adjustments.
4-4
6/17/08, Item~
Page 5 of7
Cost of Agreement - Dr. Bischel
Dr. Bischel has agreed to continue to assume the responsibility and retain the Veterinary Premise
Permit until such time as Dr. Jiannuzzi is ready to assume the responsibility and a permanent
Animal Control Manager is hired. The cost to retain the Veterinary Premise Permit and Dr.
Bischel's services on a part-time basis (20 hours per week) is $24,000 every 3 months.
Significant progress has been made to ensure compliance with State and Drug Enforcement
Agency regulations that govern the care of animals at the facility. All related medical inventory
controls and systems have been implemented. Dr. Bischel has been instrumental in developing
medical protocols, training medical and kennel staff and establishing medical policies and
procedures related to the care of the animals. Of paramount importance, Dr. Bischel has
improved the overall health and welfare of animals by eliminating cross contamination. Prior to
Dr. Bischel's arrival, 80% of all cats at the facility had mild to moderate clinical signs of upper
respiratory infection. Shelter animals currently receive a medical exam upon intake, before
sterilization surgery and adoption. Additionally, Dr. Jiannuzzi and a Registered Veterinary
Technician conduct two treatment rotations through the kennels on a daily basis. Combined with
the completion of the medical treatment and isolation room, it is estimated that cross
contamination will be eliminated. Cats are being tested for FEL V/FIV infection prior to
adoption. Appropriate cleaning and disinfecting products are also now used to maintain the
facility and its grounds. Animal Care Assistants (kennel staft) have been trained in the proper
use of products, medical treatments and euthanasia.
Prior to Dr. Bischel's arrival, the focus at the facility was solely on spaying and neutering
animals prior to adoption. Often the animals were returned to the facility within the 14-day
return policy due to illness. Due to the continuous workload and competing priorities, the lesson
learned is that the administration of the facility and the veterinary care of animals is best
accomplished by two separate positions. The City Manager has approved the hiring of an
Animal Control Manager at the senior management level in addition to the proposed contractual
on-site Veterinarian position.
Scope of Work
Dr. Bischel's assistance is needed while we transition to the new structure and Dr. Jiannuzzi
assumes responsibility for the premise permit. During this time period, Dr. Bischel's focus will
be to:
e Review and implement a customer friendly adoption process from beginning to end; and
c Implement a policy and procedures manual for other aspects of shelter operations, the
business office, adoptions, volunteer, rescue and foster programs and field operations;
and
c Assist Interim Animal Care Facility Supervisor in the daily operations of the i\nimal
Care Facility; and
4-5
6/17/08, Item~
Page 6 of 7
· Train the new Registered Veterinary Technician and on-site veterinarian Dr. Jiannuzzi
on shelter medicine and protocols; and
o Provide veterinarian relief as needed; and
. Assist in the hiring of an Animal Care Facility Manager.
Dr. Jiannuzzi has expressed willingness to license the facility when these tasks have been
accomplished.
Interim Veterinarv Services
A transfer of$142,800 from salary saving associated with vacancies at the Animal Care Facility
is required to pay for veterinarian expenses to be incurred between December 28, 2007 and June
30,2008 for this fiscal year. In an effort to comply with State and Federal regulations related to
the care, spaying and neutering of animals at the Chula Vista Animal Care Facility, several on-
site veterinarians and agreements with local veterinarians including Dr. Bischel and Dr.
Jiannuzzi had to be retained after Dr. York's departure. A summary of vendors and services
rendered is attached.
Addendum
At the June 10,2008 City Council meeting, Council continued this meeting for one week and
directed staff to meet with members of the volunteer group that had raised issues via emails and
at the June 10th meeting. On June 12, 2008, staff met with the volunteer group and addressed
those issues. A written response to those questionslissues is attached.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property holdings
within 500 feet of the boundaries of the property, which is the subject of this action.
FISCAL IMPACT
The annual Fiscal Year 2008/09 cost of the agreement with Dr. Jiannuzzi is $117, 500 without
the license and $144,000 with the license, which is partially offset by the deletion of the hourly
veterinarian budget. The cost for Dr. Bischel's contract is $24,000 for every 3 months.
Sufficient funds are budgeted in the Fiscal Year 2008/09 budget to pay for contractual
veterinarian services.
The cost of interim veterinary services from December 28, 2007 through June 30, 2008 is
estimated at $142,800. Staff is recommending the funds be transferred from the current year
Animal Care Facility salary savings associated with the Animal Control Manager's position and
the previously vacant Registered Veterinary Technician resulting in no impact to the General
Fund.
ATTACHMENTS
Summary of Vendors and Services
Volunteer Questions/Issues Addendum
4-6
6/17/08, Iteml
Page 7 of7
Prepared by: lracsema Quilantan, Deputy Director, Engineering and General Services Department
M:IGeneral Sen;iceslGS AdministrationlCouncil Agendal4CFIFY081Vet contracts Al13 6-10-08REV2.doc
4-7
Volunteer Questions/Issues Addendum
Background
At the June 10,2008 City Council Meeting the Council directed staff to delay the item as
a result of the comments of two citizens at the meeting and emails that some, possibly all,
of the Council members had received. Council further directed staff to meet with the
volunteers in an effort to further answer the questions that they raised.
Discussion
On Thursday, June 12,2008 staff and its contract veterinarian, Dr. Ginny Bischel, DMV,
met with the volunteer group. This meeting was in lieu of the previously scheduled
meeting of June 17, 2008. The primary purpose of the meeting was to address a list of
questions that Ms. Jean Spafford, 1161 Pas eo Sarina, Chula Vista, CA 91910, had sent to
a variety of people during the week of June 2nd For the purposes of this discussion, those
questions are repeated below with staffs responses in italics.
Question I. How many times have we taken advantage of $ I 0 xrays offered by Dr.
Feinswog (per Dr. Bischel at a previous meeting)?
Dr. Fienswog accepted Dr. Bischel '.I' request to do x-rays for $ 1 O. 00 whenever we would
have an animal brought in that would require x-rays. It was not meant to be something
we would need to take "advantage" of It is in the emergency contract and is part of the
scope of services provided As far as 1 know, Dr. Kendra has had only 2 or 3 cases that
have been transported to the Pet Emergency Center (PEC) for x-rays. We send animals
for x-rays as it is needed
A complete inventory of all Medical Supplies and equipment was done in January of
2008. There had previously been a donation of an old x-ray machine and developer tank
that was seldom being used due to lack of cases requiring x-rays and the poor quality x-
rays it produced It was Dr. Bischel '.I' recommendation to return the x-ray machine and
developer to the donor or send it to salvage due to the high maintenance costs associated
with it.
As an option, Dr. Bischel proposed to have x-rays included in the emergency and after
hours services that the PEC will now be providing for CVACF. Dr. Feinswog accepted
and will do our x-rays at his facility in Chula Vista. His fee per x-ray is $10.00. A total
of 41 x-rays were taken at CVACF from March of2006 through Decemeber of 2007 and
the city spent $2,334.04 on service, permits, chemicals, etc. Those same 41 x-rays would
have cost the city $410.00 at our emergency contract price and the quality of the x-rays
ji-om the PEC would have been significantly better.
4-8
The removal and disposal of the x-ray machine and developer tanks was approved and
we are currently sending any impounded animals requiring x-rays to PEe.
As of this date, we've received no bills for elective x-rays from P EC, however, we believe
we've ordered three. Assuming the SlOper x-ray charge, our costs would be S30. Based
on the costs per x-ray that we had experienced prior to our agreement with the PEC, our
costs would have been S170. 78. The change resulted in a savings ofS140. 78, assuming
that P EC sends us a bill. 1t is also noteworthy that the old x-ray machine took up
valuable space in our medical "isolation room" and the City's Risk J'vfanagement staff
had expressed concern over its condition and potential safety issues that staff may have
been subjected to.
Question 2. How many free blood panels (5 per month allowed) have we taken
advantage of (per Dr. Bischel at a previous meeting)?
In an effort to add to the quality of care of the animals at ACFwithout necessarily
incurring more costs to the city, Dr. Bischel contacted her representative (for her private
practice clinic) at Antech Laboratories and asked her if she 'would be able to provide the
City with any complimentary blood panels in the event they would be needed for shelter
animals. She replied by saying she would happily donate 5 blood panels a month.
Dr. Bischel mentioned this generous offer at a previous volunteer meetings in case there
was a need to use it on older rescue animal and as far as we know, only one volunteer,
Penny Adams, made use of a voucher for an older Chihuahua that she rescuedfrom the
shelter.
It's important to note that these panels are intended for older dogs (generally over 8
years of age) that are deemed adoptable. Typically, rescue organization;; are involved
with dogs that age and the volunteers were directed to work through our adoption staff to
fully utilize this benefit.
Question 3. You have said that the shelter rotates spays and neuters between three
clinics in the South Bay area. Since 1/1108, how many were done in each clinic, and at
what cost per animal? Different price for cat vs. dog? Extra work, other than spays and
neuters, done at any of these clinics for extra charges (surgeries, teeth cleaning, etc.)?
The three clinics that participate in the outsource program are: Telegraph Canyon,
South Bay and Eastlake (Dr. Bischel's). Each clinic keeps track of animals done and
bills according to low cost contract price. The breakdown for the periodfrom January of
2008 through June 12, 2008 is:
Clinic Number of Animals Towl Amount Paid Cost Per Animal
Eastlake 213 SIO,745 $50.45
Telegraph Canyon 102 S5,585 $54.75
South Bay 45 $2,780 S6I.78
4-9
Eastlake is the only clinic that does not have a limit and Dr. Bischel takes them twice a
week. The other two clinics have limits. One takes no more than 4 animals and the other
no more than 6 and only small dogs and cats. Other clinics in the South Bay area were
contacted but were not interested in participating.
Additional procedures requested by adopter at the time of spay or neuter are between
owner and clinic and has no bearing on the city contract. Volunteers may choose to call
the individual clinics for this information but the clinic would not be obligated to disclose
any information.
The decision to outsource animals for spaying/neutering was made because of the high
number of animals that were sick or breaking with clinical signs of disease on a daily
basis in the shelter. The lack of space to isolate these sick animals (especially cats and
small dogs) was and still is a serious problem (hopefully to be somewhat alleviated with
the new isolation room). In the past, veterinarians hired by the city on a relief basis were
coming in to only perform spays/neuters and other surgical procedures. Diagnosing,
isolating and treating sick or contagious animals did not seem to be a priority and this
was confirmed when relief vets were contacted and asked if they could come in to help
with "medicals" and not one accepted.
In addition to lack of medical attention, there was the lack of space. Sicklcontagious
animals were being housed in the vet's office (surgery prep area). Naturally, many of
these animals would be adopted after surgery and a week or so later come back sick!
Adopters would be asked by staff to come back for antibiotics or treatments and
medications were often dispensed increasing costs for the City and negatively reflecting
on the shelters reputation with potential adopters.
Dr. Bischel inquired about the County low cost program, contacted several vets in the
South Bay area (to see if there would be any interest) and then presented a proposed
contract with prices to the city. Unlike the county contract, Dr. Bischel suggested the
contract include correcting umbilical hernias at no additional charge, doing dogs and
cats in heat at no additional charge and doing cryptorchid dogs at no additional charge.
The County low cost program has additional fees for all of the above. Dr. Bischel
contacted several local vets that had in the past helped the city with spays/neuter.
Several did not return calls, Amazon Vet Clinic was not interested (they had helped in the
past) and the only ones that accepted were the ones mentioned above.
There are a number of reasons why private practice veterinarians may set limits or
decline to help altogether. Thefollowing are some of those reasons and, obviously, each
private practice may have other reasons unique to them that would affect their decision
as to being willing to help. We certainly don't hold any grudge or negative view of any
vet that doesn't participate and we seek ways to work with them in any way we can.
4-10
1. Animals coming from shelter are many times harboring disease. Clinic owners
need to be concerned with the potential of infecting incoming hospital patients.
2. In the past, shelter animals were delivered soiled with urine and feces requiring
clinic staff time to clean or bath before surgery.
3. Occasionally shelter animals are wet (from enhanced cleaning activitie>j upon
arrival at the clinic. The clinic sometimes has to deal with unpleasant odors and
the effect it has on clients.
4. A/any animals are infested with external parasites and clinics have to be
concerned with exposing their client's pets in common or shared areas.
5. The amount of paperwork that is handled by clinic staff is time consuming and
requires careful attention since animals are not tagged as a means of
identification.
6. Clinic veterinarian has to review all medical notes written by shelter vet in case
other procedures are necessary.
7. Clinics have their own scheduled appointments and surgeries in addition to the
shelter animals. The workload and late pick-ups many times are a problem.
8. Shelter animals take up kennel space for most of the day, reducing the clinic's
ability to provide space for their client's animals.
9. Dealing with adopters. Some have very little knowledge about owning a pet,
there is little client compliance with regard to after-care instructions, they decline
to take E. Collars so the pet does not lick the incision, they come back because the
pet chewed out the sutures (after declining the collar) and expect the clinic to re-
suture at no charge, etc.
As far as what additional services clinics provide that they charge for, as stated above,
the volunteers are fi'ee to contact those clinics directly, however, the clinic is not
obligated to disclose the information since it is a transaction between an adopter and the
clinic. Dr. Bischel has indicated that Eastlake does not charge for additional minor
procedures that are required and are noted in the medical history of the animal.
Procedures such as skin scrapes, tooth extractions, ear cleanings are done and rejlected
on the invoices sent to the City as "no charge". In addition to that Eastlake grooms
three shelter animals at no charge every other week and that offer has been in place since
March of this year. Eastlake also offers adopters follow-up vaccines, de-wormings,
heartworm testing, etc. at the time of suture removal and they are offered a 20% discount
(per shelter discount program that was implemented).
Question 4. How many spays and neuters have been done by the Neuter Scooter, and
at what cost per cat/dog?
The City has engaged with the Neuter Scooter for 4 clinics. We have paid ajlatfee of
$1,500 per clinic and have averaged 30 - 35 animals per clinic.
Question S.
Why can't Dr. Kendra license the facility now?
The proposed contract with Dr. Kendra contains provisions that enable her to license the
facility. She has indicated that she would prefer that some of the administrative issues
4-11
that we are still working on such as developing a comprehensive package of policies and
procedures be completed. She also would prefer that the fidl-time manager position be
filled as well before she would consider licensing the facility. There could be other
reasons of a more personal nature that are her business. Staff is comfortable with the
proposed contracts with both Dr. Bischel and Dr. Kendr"a and the manner in which we
are licensing the facility and the flexibility those contracts provide should we transfer the
licensing to Dr. Kendra in the fitture.
Question 6. How can we hire a manager in 2008 if we are paying for a "consultant"
thru 2008?
Based on staff's recommendation, the City },/[anager authorized the recruitment for the
jidl-time manager, which is now underway. Quite obviously, the City kfanager is aware
of the costs of a full-time manager and the contract veterinarians.
Question 7. Please furnish statistical information for April and May 2008 re:
a. Intake of animals - cats/dogs/etc.
b. Euthansia
c. Adoptions
Euthanization Owner Transfers
April (excluding
Impounds Relinquishments Redemptions Adoptions Requested to Other
2008 Owner
Reauests) Euthanizations Shelters
Dogs 230 45 87 107 65 19 2
Cats 345 24 3 99 181 6 12
Others 281 8 8 45 15 6 33
Total 856 77 98 251 261 31 47
Euthanizations Owner Transfers
May (excluding
2008 Impounds Relinquishments Redemptions Adoptions Owner Requested to Other
Requests) Euthanizations Shelters
Dogs 221 44 69 115 61 23 7
Cats 499 67 5 81 366 11 2
Others 50 9 0 16 25 0 5
Total 770 120 74 212 452 34 14
Note: There have been zero euthansias of healthy adoptable dogs or cats.
4-12
Question 8.
What is causing the delay in the opening/use of the medical room?
As stafland the City lvfanager indicated at the June 10'h City Council meeting, the
creation of a medical room is not typical construction and issues such as HVAC systems
are more specialized and more difficult to install where they were not already planned to
be.
Question 9. Rumor has it that the Neuter Scooter is being "retired" or "discharged"
from doing the wonderful job that it has done for the shelter animals, including spaying,
neutering, trimming matted dogs and cats, removing foxtails, cryptorchid surgery,
surgery on late pregnancies, etc., whenever called for, at the remarkable price to the city
of Chula Vista of about $40 per animal, regardless of the size, species, or additional
service( s) rendered.
Is this true, and if so, please explain why, since this seems like the best possible service
that is available to the City ofChula Vista and the Animal Care Facility. If the Neuter
Scooter service is no longer acceptable to the shelter, you must have an extremely valid
reason why. Please explain.
The Neuter Scooter has also fixed animals at NO CHARGE, space available, at their
regular clinics.
What more could the City of Chula Vista ask for than what this organization does and has
done for the Chula Vista Animal Care Facility?
City staff is not interested in speculating on rumors that are circulating. It is our
understanding that the Spay Neuter Action Project (SNAP) intends to relocate the Neuter
Scooter ji-om the A CF parking lot and the parking lot across ji-om Fuddruckers on Third
A venue to the parking lot of the Petco store on Broadway. Obviously, they have made
that decision based on what they see are the best interests of their organization.
With respect to the City's relationship with the Neuter Scooter, we hope to continue to
utilize their services when it makes sense for both entities. SNAP has indicated that their
agreement with us and, in particular Dr. Bischel, was to spay or neuter 30 - 35 of our
shelter animals, with a reasonable mix of species, male, female and size per visit and that
the City has not adhered to that agreement SN4P has stated that the vast majority of
animals presented have been dogs with preponderance toward female and larger species.
From staff's perspective, our initial interaction with the Neuter Scooter this year was
very favorable, though the following sessions were less so. We have had internal
discussions regarding only providing the neuter scooter with elective (i.e. animals we
have that have not yet been adopted) and outsource all adopted animals to community
vets. We in no way, nor do we have the power or desire to "retire" the Neuter Scooter as
it is not a City entity. Anyone who says anything like that is misinformed.
4-13
We certainly appreciate the work that the Neuter Scooter does and the very valuable
service that they provide to the community. Where it makes sense for us to partner
together, we hope to still do so.
In addition to the email from Ms. Spafford, an additional email was received from
Ms. Debbie Martin, 830 Carlsbad Street, San Diego, CA 92114. The email was sent to
the Mayor and Council and the City Manager just prior to the Council meeting on June
10th. Mayor Cox provided it to staff on Tuesday night following the Council Meeting.
The email is not structured like Ms. Spafford's email but makes a number of comments
and accusations. [don't intend to deal with them individually, but would like to note a
few items.
First, we have had a nwnber of volunteer meetings this year (January 29th, March 4th,
April I st and May I st). In the minutes of the May I st meeting, we told the group that our
initial plan for a veterinarian to license the facility long-term was on hold. That plan was
to have the PEC under contract to license the facility and provide veterinarian services.
The PEC decided not to pursue that option at this time, though it remains a possibility in
the future. We further indicated that Dr. Kendra had expressed a desire to stay with the
ACF and that we were working on the details of the vet contracts. Ms. Martin's
innuendo that we were trying to hide something by "held this information flOm us" is
utterly ridiculous and offensive.
Ms. Martin then opines as to the item in the Council Agenda statement that discusses the
reduction in incidences of cats with respiratory infections. It is simply a fact that we are
doing better now that we had in the past in reducing the number of such cases. Ms.
Martin then intimates that the reason the incidents have gone down is that we are now
killing cats and that the animals were better cared for under Dr. York. The notion that
our statistics are better because we are killing cats is patently untrue.
We would agree that we have seen an increase in cat euthansias. A major cause of that is
that one of our contract cities, National City, has started to actively trap feral cats and
bring them to the shelter. This is a practice that Chula Vista, Imperial Beach nor Lemon
Grove engage in. This change causes an increase.in the number of feral cats coming into
the facility and only a very small percentage of feral cats are considered adoptable which
naturally drives up the euthanasia rate as well. We will be renegotiating our contract with
National City and intend to discLlss this new procedure.
Summary
The Chula Vista Animal Care Facility is staffed by a dedicated group of employees
whose primary goal is the care of the animals in their charge. Our management team
attempts to support them the best we can given the resources at our disposal. The City
determined to offer early retirement packages that were accepted by our permanent
facility manager in December of2007 and by our interim facility manager in June of
4-14
2008. We also have had to manage through two significant budget cutting exercises. In
both of those exercises, we made the decision to spare the Animal Care Facility from its
proportionate share of the Department's cut targets and passed on those shares to other
activities. At the same time we have been navigating through a citywide hiring freeze
and the City Manager has been willing to lift it to allow us to recruit for l-\nimal Care
Assistants and Animal Control Officers. We have done the very best we can and we
believe, have made significant improvements in the cleanliness and appearance of the
facility. We also believe that we have made improvements in the general health of the
animals in our care and made their difficult lives more livable. It must be remembered
that we are a municipal shelter and are required by state law to take in every animal that
arrives at our gates and doors. It is a sad fact that there are far more animals looking for
homes than there are homes to take them, but we continue to do our best to bridge that
gap.
The issue of Dr. Bischel should also be addressed. As the Council is aware from past
correspondence and this agenda statement, the City did not have very many options
available to it with respect to licensing the facility. Dr. Bischel stepped forward, put her
license and insurance on the line and agreed to help us. The emails discussed by this
supplement clearly contain an insinuation that Dr. Bischel is somehow making a lot of
money in her relationship with the City. That notion is laughable. We have no doubt
whatsoever that Dr. Bischel has provided far more hours of service to us than her contract
calls for and has not asked to be compensated for those hours. Furthermore, she has
agreed to perform spays and neuters for us at the very low rate that the County of San
Diego receives from its outsource vets and provides additional services at no cost. We
would be more than happy to spread our outsourcing out more evenly to local vets, but
those local vets have to be willing to take on a greater amount of work. They have not
expressed a willingness to do so. We're quite sure Dr. Bischel would welcome that as
well as it would free up her private practice more time for far more profitable customers.
4-15
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
CITY COUNCIL
AGENDA STATEMENT
~I!f: CIlYOF
~CHUIA VISTA
~(L7ItJfJ I
6/1l1r\l.l~.l.,.ltem~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE FORMAL SELECTION PROCESS
AND APPROVING AGREEMENTS WITH DR. BISCHEL, DVM
FOR PROVISION OF A VETERINARY PREMISE PERMIT AND
VETERINARY SERVICES ANTI WITH DR. JIANNUZZI, DVM
FOR ON-SITE VETERINARY SERVICES AT THE OlliLA VISTA
ANlMAL CARE FACILITY AND ATJTHORIZING THE CITY
MANAGER TO EXECUTE THE AGREEMENTS
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FISCAL YEAR 2007/2008
BUDGET BY TRANSFERRING $142,800 FROM
UNANTICIPATED ANIMAL CARE FACILITY PERSONNEL
SALARY SAVINGS TO SERVICES AND SUPPLIES FOR
CONTRACTUAL VETERINARIAN SERVICES
DIRECTOR OF PUBLIC WORKS . ~
CITY MANAGER ;)/.4< /
ASSISTANT CITY MANAGER ' WW'-
4/5 HS VOTE: YES ~ NO 0
SUMMARY
Adoption of the first resolution approves an agreement with Dr. Kendra Jiannuzzi for the
provision of on-site Monday through Friday veterinary services and an agreement with Dr.
Ginny Bischel to provide the California Veterinary Premise Permit and facility management in
the absence of a permanent Animal Control Manager. The second resolution authorizes the
transfer of salary savings from the Animal Control Manager's vacant position to offset
veterinarian expenditures in the amount of $142,800 to be incurred December 28, 2007 through
June 30, 2008.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for compliance with
the California Environmental Quality Act (CEQA) and has determined that there is no possibility
that the activity may have a significant effect on the environment; therefore, pursuant to Section
l506l(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no
environmental review is necessary.
4-1
6/10/08, Item~
Page 2 of 6
RECOMMEl'l'DATION
Council adopt both resolutions.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
On December 28,2007, the City's Animal Control Manager, Dr. Dorothy York DVM, elected to
participate in the City's early retirement program leaving the Animal Care Facility with no
California licensed veterinary doctor who would agree to place hislher name on the City's
Veterinary Premise Permit.
A Veterinary Premise Permit is required by the State of California in order for the City to
continue to operate the Animal Care Facility and provide basic medical services to the animals at
the shelter. In order to secure such a permit, a licensed veterinarian needs to place their name
and license on our permit. Since Dr. York was a licensed veterinarian, she was on the City's
permit. With her departure, the City needed to find a veterinarian who would be willing to place
their name and license on the permit.
While Dr. York was employed with the City, there were a number of relief veterinarians who
came into the facility and provided medical services on an hourly basis. Staff attempted to
ascertain whether any of these veterinarians would be willing to license our facility without
success. During the week prior to Christmas, Dr. Ginny Bischel, DVM, approached the City and
offered to license the facility and assist staff in reviewing the operations of the facility as well as
finding a permanent long-term solution for the provision of veterinarian services and a premise
permit. Dr. Bischel operates a private veterinary facility in the Eastlake Village shopping center
at the intersection of Otay Lakes Road and Eastlake Parkway. She has over 14 years of
municipal shelter experience as a previous employee of the County of San Diego and has
supported the Chula Vista Animal Care Facility for over 10 years.
Dr. Bischel was tasked with the responsibility of finding a long-term solution for the provision of
veterinary care and a premise permit for the Animal Care Facility. After months of evaluating
various alternatives including: continuing to retain hourly relief veterinary services, contracting
veterinarian services to private veterinarians, outsourcing services to local veterinary practices
and creating a full-time City veterinary position, staff and Dr. Bischel are recommending an
agreement for on-site Monday through Friday veterinary services including the option to provide
the Veterinary Premise Permit with Dr. Jiannuzzi. Staff hopes to transfer the Veterinary Premise
Permit during the course of Dr. Jiannuzzj's agreement. Until such time as the Veterinary Premise
Permit is transferred to Dr. Jiannuzzi and a permanent Animal Control Manager is hired, it is
proposed that Dr. Bischel continue to license the facility and assist in the management of the
facility.
The State of California requires all municipal shelters to retain a Veterinary Premise Permit.
Difficulties finding a veterinarian that will place hislher name on the premise are not unique to
Chula Vista. The State Veterinarian Board has indicated that many municipalities have elected
to contract these services out in order to comply with the State regulations.
4-2
6/10/08, ItemL
Page 3 of 6
After an extensive search for a permanent solution for on-site veterinarian services, staff has
negotiated a reasonable responsible agreement for veterinarian services including the retention of
a Veterinary Premise Permit. The first resolution authorizes the agreement with Dr. Jiannuzzi
for the provision of on-site Monday through Friday veterinary services and an agreement with
Dr. Bischel's to provide the Veterinary Premise Permit and facility management in the absence
of a permanent Animal Cantrall Manager. Both Dr. Bischel and Dr. Jiannuzzi have been
instrumental in managing the veterinarian care at the Animal Care Facility since Dr. York's
departure. The quality and consistency of service delivery has improved significantly as a result
of their efforts.
The agreement for Dr. Jiannuzzi becomes effective July I, 2008 and may be extended on an
annual basis for up to 3 years upon mutual consent. The agreement with Dr. Bischel becomes
effective July I, 2008 through December 31, 2008 with an option to terminate or extend
contingent on the transfer of the Veterinary Premise Permit to Dr. Jiannuzzi.
The second resolution authorizes the transfer of salary savings from the Animal Control Manager
vacant position to offset veterinarian expenditures in the amount of $142,800 to be incurred
December 28,2007 through June 30, 2008. Dr. Bischel and Dr. Jiannuzzi are providing current
veterinarian services on a contractual basis.
A!!reements
Staff is recommending approving agreements with Dr. Bischel and Dr. Jiannuzzi based on the
following findings:
· The six hourly relief veterinarians on City payroll and contacted by City staff have
declined to provide full-time veterinarian services and retain a Veterinary Premise
Permit.
o Staff and Dr. Bischel have contacted over a dozen veterinarians using the Veterinarian
Association Intercom system to retain the services of a full time veterinarian who have
declined to provide the services and license the facility.
o Local privately owned veterinarian businesses in Chula Vista have declined to provide
the services beginning July I, 2008.
o Other veterinarians are willing to provide services on a daily rate basis, but have declined
to retain the California Veterinary Premise Permit due to the potential liability involved
with the use of their private license for a municipal facility, which must take in all strays.
· Dr. Bischel followed up on over a dozen leads and interviewed various interested
veterinarians which did not meet minimum qualifications and service requirements.
. The cost of retaining a full-time veterinarian as City staff is not cost effective. The
market rate for a veterinarian is $75 an hour. Step E of the City Veterinarian
classification is $53 an hour.
4-3
6110/08, Item~
Page 4 of 6
. Staff has negotiated a reasonable responsible bid for on-site veterinarian services with
both Dr. Bischel and Dr. Jiannuzzi including retention of a Veterinary Premise Permit.
. These proposed agreements enable the City to retain a Doctor of Veterinary Medicine
from 8 am to 5 pm Monday through Friday and on Saturdays for special veterinarian
vaccine clinics to be held periodically throughout the year, excluding holidays observed
by the City ofChula Vista.
. The combination of Dr. Bischel and Dr. Jiannuzzi will enable the City to provide services
in accordance with State and Federal Drug Enforcement Agency regulations related to the
care and treatment of animals.
. Dr. Bischel will continue to assist in the administration of the Animal Care Facility until
such time as a full time Animal Control Manager is hired and Dr. Jiannuzzi is ready to
retain the Veterinary Premise Permit. The recruitment for the manager position is
currently open.
. Dr. Bischel will assist in the training of Animal Care Facility employees as required by
providing ongoing education materials and demonstration of appropriate medical
procedures including, but not limited to euthanasia certification and sedation of animals.
Cost of Fiscal Year 2008/09 Al!:reement- Dr. Jiannuzzi
Dr. Jiannuzzi has agreed to provide the required on-site veterinarian services for a daily rate of
$500; an estimated annual cost of $117,500 for 235 workdays. The agreement also provides for
an additional $100 per day in compensation upon the transfer of the Veterinary Premise Permit
and responsibilities from Dr. Bischel to Dr. Jiannuzzi. Based on a $600 daily rate, the estimated
annual cost is $144,000 to provide both the on-site Monday through Friday veterinary services
and retain the Veterinary Premise Permit. Dr. Jiannuzzi has been working at the Animal Care
Facility since February 5, 2008.
Staff estimates that the cost of retaining a full-time veterinarian plus vacation and sick leave
coverage would cost in excess of $198,750 based on the daily rate of $650.
Term of Al!:reement
The term of the agreement is for a one-year period with the option to administratively extend on
an annual basis for up to an additional 3 years. The agreement requires the contract veterinarian
to provide a 90-day advance notice before the effective date of termination. The 90-day period is
required to give the City a transitional period to secure veterinary services. The initial one-year
agreement period will give both the City and Contract Veterinarian the opportunity to evaluate
the effectiveness of the agreement and make necessary adjustments.
4-4
6/10/08, Item~
Page 5 of 6
Cost of Ae:reement - Dr. Bischel
Dr. Bischel has agreed to continue to assume the responsibility and retain the Veterinary Premise
Permit until such time as Dr. Jiannuzzi is ready to assume the responsibility and a permanent
Animal Control Manager is hired. The cost to retain the Veterinary Premise Pennit and Dr.
Bischel's services on a part-time basis (20 hours per week) is $24,000 every 3 months.
Significant progress has been made to ensure compliance with State and Drug Enforcement
Agency regulations that govern the care of animals at the facility. All related medical inventory
controls and systems have been implemented. Dr. Bischel has been instrumental in developing
medical protocols, training medical and kennel staff and establishing medical policies and
procedures related to the care of the animals. Of paramount importance, Dr. Bischel has
improved the overall health and welfare of animals by eliminating cross contamination. Prior to
Dr. Bischel's arrival, 80% of all cats at the facility had mild to moderate clinical signs of upper
respiratory infection. Shelter animals currently receive a medical exam upon intake, before
sterilization surgery and adoption. Additionally, Dr. Jiannuzzi and a Registered Veterinary
Technician conduct two treatment rotations through the kennels on a daily basis. Combined with
the completion of the medical treatment and isolation room, it is estimated that cross
contamination will be eliminated. Cats are being tested for FEL V /FrY infection prior to
adoption. Appropriate cleaning and disinfecting products are also now used to maintain the
facility and its grounds. Animal Care Assistants (kennel staff) have been trained in the proper
use of products, medical treatments and euthanasia.
Prior to Dr. Bischel's arrival, the focus at the facility was solely on spaying and neutering
animals prior to adoption. Often the animals were returned to the facility within the 14-day
return policy due to illness. Due to the continuous workload and competing priorities, the lesson
learned is that the administration of the facility and the veterinary care of animals is best
accomplished by two separate positions. The City Manager has approved the hiring of an
Animal Control Manager at the senior management level in addition to the proposed contractual
on-site Veterinarian position.
Scone of Work
Dr. Bischel's assistance is needed while we transition to the new structure and Dr. Jiannuzzi
assumes responsibility for the premise permit. During this time period, Dr. Bischel's focus will
be to:
. Review and implement a customer friendly adoption process from beginning to end; and
o Implement a policy and procedures manual for other aspects of shelter operations, the
business office, adoptions, volunteer, rescue and foster programs and field operations;
and
. Assist Interim Animal Care Facility Supervisor in the daily operations of the Animal
Care Facility; and
4-5
6/10/08, ItemL
Page 6 of6
. Train the new Registered Veterinary Technician and on-site veterinarian Dr. Jiannuzzi
on shelter medicine and protocols; and
. Provide veterinarian relief as needed; and
. Assist in the hiring of an Animal Care Facility Manager.
Dr. Jiannuzzi has expressed willingness to license the facility when these tasks have been
accomplished.
Interim Veterinarv Services
A transfer of $142,800 from salary saving associated with vacancies at the Animal Care Facility
is required to pay for veterinarian expenses to be incurred between December 28,2007 and June
30, 2008 for this fiscal year. In an effort to comply with State and Federal regulations related to
the care, spaying and neutering of animals at the Chula Vista Animal Care Facility, several on-
site veterinarians and agreements with local veterinarians including Dr. Bischel and Dr.
Jiannuzzi had to be retained after Dr. York's departure. A summary of vendors and services
rendered is attached.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property holdings
within 500 feet of the boundaries of the property, which is the subject of this action.
FISCAL IMPACT
The annual Fiscal Year 2008/09 cost of the agreement with Dr. Jiannuzzi is $117, 500 without
the license and $144,000 with the license, which is partially offset by the deletion of the hourly
veterinarian budget. The cost for Dr. Bischel's contract is $24,000 for every 3 months.
Sufficient funds are budgeted in the Fiscal Year 2008/09 budget to pay for contractual
veterinarian services.
The cost of interim veterinary services from December 28, 2007 through June 30, 2008 is
estimated at $142,800. Staff is recommending the funds be transferred from the current year
Animal Care Facility salary savings associated with the Animal Control Manager's position and
the previously vacant Registered Veterinary Technician resulting in no impact to the General
Fund.
ATTACHMENTS
Summary of Vendors and Services
Prepared by: Iracsema Qui/antan, Deputy Director, Engineering and General Services Department
M:\General ServiceslGS AdministrationlCouncil AgendalACFIFY08\Vet contracts A 1136-1 0-08RE V2. doc
4-6
Vet Services Cost Estimate
December 29, 2008 thru June 30, 2008
Keqo
Purchase Add'tl
Order Funds thru
Purchase Original Amount Balance 6-30-08 Purchase
Vendor Descrlotion of Services Order (PO) Amount Paid 5/15/08 (Estimate) , Order Total
Eastlake Village Veterinarv 1 Dr. Ginny Bischel Consultant Services P35202 $ 22,500 $ 22,500 $ - $ 25,000 $ 47500
Eastlake VillaQe Veterinary Outsourcino Spay/Neuter P35169 $ 11,000 $ 9,640 $ 1,360 - $ 11 000
Michelle Gilbertson, DMV Veterinarv Services P35218 $ 14,775 $ 13,475 $ 1,300 $ - $ 14775
Kendra J iannuzzi DMV Veterinary Services P35494 $ 49,225 $ 29400 $ 19,825 $ - $ 49,225
South Bay Veterinary Hospital Outsourcino Spay/Neuter P35278 $ 3,000 $ 1,885 $ 1,115 $ 3,000
Teieoraoh Canyon AMC Outsourcin~ Spay/Neuter P35280 $ 6,000 $ 4590 $ 1,410 - $ 6,000
P6l..EmerQency & Specialty Center South County Emeroency Services P35283 $ 500 $ 391 $ 109 $ 500 $ 1,000
VOA Emeroency Animal Hospital & Referral Center Emeroencv Services P34602 $ 1,000 $ 675 $ 325 $ 300 $ 1,300
Spay Neuter Action Project (SNAP) Outsourcino Spay/Neuter P35528 $ 9,000 $ 4,500 $ 4,500 $ 9,000
Totals $ 117,000 $ 87,056 $ 25,800 $ 142,800
)>
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-l
RESOLUTION NO. 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVJ:J\fG THE FORMAL SELECTION
PROCESS AND APPROVING AGREEMENTS WITH DR..
BISCHEL, DVM FOR PROVISION OF A VETERINARY
PREMISE PERMIT A.ND VETERINARY SERVICES AND
WITH DR. JIANNUZZI, DVM FOR ON-SITE VETERINARY
SERVICES AT THE CHULA VISTA ANIMAL CARE
FACILITY AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AGREEMENTS
WHEREAS, Dr. Dorothy York, DVM, the Animal Control Manager at the City's Animal
Care Facility ("Facility"), left City service on December 29, 2007; and
WHEREAS, the State of California requires all municipal animal shelters to retain a
Veterinary Premise Permit; and
WHEREAS, the State Veterinarian Board has indicated that many municipalities have
elected to contract these services out in order to comply with the State regulations; and
WHEREAS, on December 29, 2007, the City entered into an agreement with Dr. Ginny
Bischel, DVM, in which Dr. Bischel agreed to place her name on the Veterinary Premise Permit
for the Facility, assist staff in. reviewing the operations of the Facility, and find a permanent long-
term solution for the provision of veterinarian services and a Veterinary Premise Permit, among
other duties; and
WHEREAS, on February 7, 2008, the City entered into an agreement with Dr. Kendra A.
Jiannuzzi, DVM, in which Dr. Jiannuzzi agreed to provide veterinary services and treatment at
the Facility; and
WHEREAS, both agreements will expire on June 30, 2008; and
WHEREAS, staff suggests that the term of Dr. Jiannuzzi's agreement be for a one-year
period with the option extend the term for a three additional one-year terms upon approval of the
City Manager; and
WHEREAS, staff recommends the City Council waive the formal consultant selection
process outlined in Municipal Code section 2.56.1 10 for both Dr. Bischel and Dr. Jiannuzzi
because Dr. Bischel and Dr. Jiannuzzi have been providing excellent service to the Facility and
the scope of work for these agreements is a natural extension of their on-going work for the City,
making it impractical to solicit proposals.
H:\ENGINEE;<.\RESOS\Res0s2008\06-II}.O&\Vet ayeements award rc..iscC: ~l' cc.doc
4-8
Resolution No. 2008-
Page 2
NOW, THEREFORE BE IT RESOLVED by the City Council of the City ofChula Vista
that it waives the formal selection process and approves agreements with Dr Bischel, DVM for
provision of a Veterinary Premise Pennit and veterinary services and with Dr. Jiannuzzi, DVM
for on-site veterinary services at the Chula Vista Animal Care Facility and authorizes the City
Manager to execute the Agreements.
Presented by:
Approved as to form by:
Jack Griffm
Director of Public Works
\-<!i~tt- k~~i~
Ann Moore
City Attorney
H:\ENGINEeR.\RESOS\RC100l2008\06-!O-08\Ycl ""~<:f1U awud reviled ~ <:o:.d=
4-9
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
ANTI APPROVED AS TO FORM BY THE CITY
ATTOlU-i:EY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
(-!:~ fk- ~~~i~
City Attorney ,
Dated:
6/'f!dY
Agreement between
City of Chula Vista
And
Dr. Ginny Bischel
4-10
Parties and Recital Page(s)
Agreement between
City of Chula Vista
and
Dr. Ginny Bischel, DVM
for Veterinarian Care at the Chula Vista Animal Care Facility
Tbis agreement (Agreement), dated July I, 2008, for the purposes of reference only,
and effective as of the date last executed unless another date is othetwise specified in
Exbibit A, Paragraph I, is bet'Neen the City-related entity as is indicated on Exbibit A,
Paragraph 2, as such (City), whose business form is set forth on Exbibit A, Paragraph 3,
and the entity indicated on the attached Exhibit A, Paragraph 4, as Consultant, whose
business form is set forth on Exhibit A, Paragraph 5, and whose place of business and
telephone numbers are set forth on Exhibit A, Paragraph 6 (Consultant), and is made with
reference to the following facts:
Recitals
Whereas, City owns and operates the Chula Vista Animal Care Facility, a municipal
animal care facility (the "Facility"); and
Whereas, Dr. Dorothy York, DVM, the Animal Care Facility Manager retired on
December 29, 2007; and
Whereas, the State of California requires all municipal animal shelters to retain a
Veterinary Premise License; and
Whereas, upon Dr. York's retirement, the City needed to retain the services of a
licensed California vetellnary doctor and have that doctor agree to place his/her name on
the City's veterinary premise permit; and
Whereas, on December 29,2007, the City entered into an agreement with Consultarlt
in which Consultant agreed to place her name on the State Veterinary Premise License
for the Facility, assist staff in reviewing the operations of the Facility, and find a
pemlanent long-term solution for the pIOvision of veterinarian services and a premise
license, among other duties; and
Whereas, the temi ofthat agreement expires on June 3D, 2008; and
Vlhereas, Consultant warrants and represents that she is experienced and staffed in a
manner such that she can prepare and deliver the services required of Consultant to City
within the time frames herein pIOvided all in accord3<-:lce with the terms and conditions of
this Agreement.
(End of Recitals. Next Page starts Obligatory Provisions.)
V.Auu",ey',ELlSA',AN1MAL CARE FAClLITY\'" aLschel Al!-r~nl~nl_6-"-il~ Ju<:4111
Obligatory Provisions Pages
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the attached Exhibit A,
Paragraph 7, entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties," ConsUltant shall
also perform all of the services described in Exhibit A, Paragraph 8, entitled "Scope of
Work and Schedule," not inconsistent with the General Duties, according to, and v.ithi..Tl
the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables
as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time
being of the essence of this agreement. The General Duties and the work and deliverables
required in the Scope of Work and Schedule shall be herein referred to as the "Defined
Services." Failure to complete the Defined Services by the times indicated does not,
except at the option of the City, operate to terminate this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from time to time reduce
the Defined Services to be performed by the Consultant under this Agreement.. Upon
doing so, City and Consultant agree to meet in good faith and confer for the purpose of
negotiating a corresponding reduction in the compensation associated with said
reduction.
D. Additional Services
. In addition to performing the Defined Services herein set forth, City may require
Consultant to perform additional consulting services related to the Defined Services
(Additional Services), and upon doing so in writing, if they are within the scope of
services 0 ffered by Consultant, Consultant shall perform same on a time and materials
basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph IO(C), unless a
separate fixed fee is otherwise agreed upon. All compensation for Additional Services
shall be paid monthly as billed. .
E. Standard of Care
Consultant, in performing any Services under this Agreement, whether Defmed
Servlces or Additional Services, shall perform in a manner consistent with that level of
care and skill ordinarily exercised by members of the profession CUl'Tently practicing
lmder similar conditions and in similar locations.
. 4-12
J IA,nnn,,,y.EUSA\Ai'<!.,.;AL. ('ARE FA('lLlTY\Dr 8;1~I'cl AY....",l1"'l\l_I.>-~-1J~ <.l,,~ 2
F. Insurance
Consultant must procure insurance against claims for injuries to persons or damages
to property that may arise from or in connection with the performance of the work under
the contract and me results of that work by the Consultant, his agents, representatives,
employees or subcontractors and provide documentation of same prior to commencement
of work. The insurance must be maintained for the duration of the contract.
Minimum Scope of Insurance
Coverage must be at least as broad as:
(l) Insurance Services Office Commercial General Liability coverage (occurrence
Form CG0001).
(2) Insurance Services Office Form Number CA 0001 covenng Automobile
Liability, Code 1 (any auto).
(3) Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
(4) Professional Liability or Errors & Omissions Liability insurance appropriate
to the Consultant's profession. Architects' and Engineers' coverage is to be
endorsed to include contractual liability.
Minimum Limits of Insurance
Contractor must maintain limits no less than:
1. General Liability:
(Including operations,
products and completed
operations, as
applicable)
2. Automobile Liability:
3. Workers' Compensation
Employer's Liability:
4. Professional Liability or
Errors & Omissions
Liability:
$1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General
Liability insurance with a general aggregate limit is used,
either me genera! aggregate limit must apply separately to
this proj ectllocation or the general aggregate limit must be
twice me required occurrence limit.
$1,000,000 per accident for bodily mJury and property
damage.
Statutory
$1,000,000 each accident
$1,000,000 disease-policy limit
$1.000,000 disease-each employee
$1,000,000 eacb occurrence
J\Allu""",vI.Ec.ISAIANIMAL. ('ARE FACILlT'f\Or Sisdu:1 Ail'~llI~1I! b_~..()~ <Jot 4~ 1 3
. - ,
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the
City, At the option of the City, either the insurer will reduce or eliminate such deductibles
or self-insured retentions as they pertain to the City, its officers, officials, employees and
volunteers; or the Consultant will provide a financial guarantee satisfactory to the City
guaranteeing payment of losses and related investigations, claim administration, and
defense expenses,
Other Insurance Provisions
The general liability, automobile liability, and where appropriate, the worker's
compensation policies are to contain, or be endorsed to contain, the following provisions:
(I) The City of Chula Vista, its officers, officials,' employees, agents, and
volunteers are to be named as additional insureds with respect to liability
arising out of automobiles owned, leased, hired or borrowed by or on behalf
ofthe Consultant, where applicable, and, with respect to liability arising out of
work or operations performed by or on behalf of the Consultant, including
providing materials, parts or equipment furnished in connection with such
work or operations, The general liability additional insured coverage must be
provided in the form of an endorsement to the contractor's insurance using
ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement must not
exclude Products/Completed Operations coverage,
(2) The Consultant's General Liability insurance coverage must be primary
insurance as it pertains to the City, its officers, officials, employees, agents,
and volunteers, Any insurance or self-in'surance maintained by the City, its
officers, officials, employees, or volunteers is wholly separate from the
insurance of the contractor and in no way relieves the contractor from its
responsibility to provide insurance.
(3) The insurance policy required by this clause must be endorsed to state that
coverage will not be canceled by either party, except after thirty (30) days'
prior written notice to the City by certified mail, return receipt requested.
(4) Coverage shall not extend to any indemnity coverage for the active negligence
of the additional insured in any case where an agreement to indemnify the
additional insured would be invalid under Subdi vision (b) of Section 2782 of
the Civil Code.
(5) Consultant's insurer will provide a Waiver of Subrogation in favor of the City
for each required policy providing coverage during the life of this contract.
4-14
J 'AW,JI1t<:y'EUSAI,oI,NIMAL. CAflE ':AC"ILITY\Dr 8is~llel Ag,,=~nlCm_b_~_lH. 00<; 4
If General Liability, Pollution andlor Asbestos Pollution Liability andlor Errors &
Omissions coverage are written on a claims-made form:
(l) The "Retro Date" must be shown, and must be before the date of the contract
or the beginning of the contract work.
(2) Insurance must be maintained and evidence of insurance must be provided for
at least five (5) years after completion of the contract work.
(3) If coverage is canceled or non-renewed, and not replaced with another claims-
made policy form with a "Retro Date" prior to the contract effective date, the
Consultant must purchase "extended reporting" coverage for a rriiI'imum of
five (5) years after completion of contract work.
(4) A copy of the claims reporting requirements must be submitted to the City for
review.
Acceptability of Insurers
Insurance is to be placed with licensed insurers admitted to transact business in the
State of California with a current A.M. Best's rating of no less than A V. If insurance is
placed with a surplus lines insurer, insurer must be listed on the State of California List of
Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best's rating of no less than
A X. Exception may be made for the State Compensation Fund when not specifically
rated. .
Verification of Coverage
Consultant shaH furnish the City with original certificates and amendatory
endorsements effecting coverage required by this clause. The endorsements should be on
insurance industry forms, provided those endorsements or policies conform to the
contract requirements. All certificates and endorsements are to be received and approved
by the Ciry before work commences. The City reserves the right to require, at any time,
complete, certified copies of all required insurance policies, including endorsements
evidencing the coverage required by these specifications.
Subcontractors
Consultants must include all subconsultants as insureds under its policies or furnish
separate certificates and endorsements for each subconsultant. All coverage for
subconsultants are subject to all of the requirements included in these specifications.
G. Security for Performance
(l) Performance Bond
4-15
J. A:i""''''ylEUSAIANh....I.;l"L C...R::: FA("lumCk. Bisch~1 A."<:l:m""l:_b.~-/jS We; S
In the event that Exhibit A, at Pa..ragraph 18, indicates the need for Consultant to
provide a Performance Bond (indicated by a check mark in the parenthetical space
immediately preceding the subparagraph entitled "Performance Bond), then Consultant
shall provide to the City a performance bond in the form prescribed by the City and by
such sureties which are authorized to transact such business in the State of California,
listed as approved by the United States Department of Treasury Circular 570,
http://www.fms.treas.gov/c570, and whose underwriting limitation is sufficient to issue
bonds in the amount required by the agreement, and which also satisfy the requirements
stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise
by laws or regulations. All bonds signed by an agent must be accompanied by a certified
copy of such agent's authority to act. Surety companies must be duly licensed or
authorized in the jurisdiction in which the Project is located to issue bonds for the limits
so required. Form must be satisfactory to the Risk Manager or City Attorney which
amount is indicated in the space adjacent to the term, "Performance Bond," in said
Exhibit A, Paragraph 18.
(2) Letter of Credit
In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to
provide a Letter of Credit (indicated by a check mark in the parenthetical space
immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant
shall provide to the City an irrevocable Letter of Credit callable by the City at their
unfettered discretion by submitting to the bank a letter, signed by the City Manager,
stating that the Consultant is in breach of the terms of this Agreement. The Letter of
Credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk
Manager or City Attorney which amount is indicated in the space adjacent to the term,
"Letter of Credit," in said Exhibit A, Paragraph 18.
(3) Other Security
In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to
provide security other than a Performance Bond or a Letter of Credit (indicated by a
check mark in the parenthetical space immediately preceding the subparagraph entitled
"Other Security"), then Consultant shall provide to the City such other security therein
listed in a form and amount satisfactory to the Risk Manager or City Attorney.
H. Business License
Consultant agrees to obtain a business license from the City and to otherwise comply
with Title 5 of the Chula Vista Municipal Code.
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing the progress
of the Defined Services and Schedule therein contained, and to provide direction and
J \,.I.Cttln>ey\El..lSA',.....NIMAL CARE r,l.,('lUTy\Or -8is(~i AIIJ""..nlCllt4t>-:\...1S,-""e 46'1 6
guidance to achieve the objectives of this agreement. The City shall pennit access to its
office facilities, files and records by Consultant throughout the term of the agreement. In
addition thereto, Ciry agrees to provide the information, data, items and materials set
forth on Exhibit A, Paragraph 9, and with If:1e further understanding that delay in the
provision of these materials beyond thirty (30) days after authorization to proceed, shall
constitute a basis for the justifiable delay.in the Consultant's performance of this
agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant submitted to the City
periodically as indicated in Exhibit A, Paragraph 17, but in no event more frequently than
monthly, on the day of the period indicated in Exhibit A, Paragraph 17, City shall
compensate Consultant for all services rendered by Consultant according to the' terms and
conditions set forth in Exhibit A, Paragraph 10, adjacent to the'governing compensation
relationship indicated by a "checkmark" next to the appropriate arrangement, subject to
tbe requirements for retention set forth in Paragraph 18 of Exhibit A, and shall
compensate Consultant for out of pocket expenses as provided in Exhibit A,
Paragrapb 11.
An billings submitted by Consultant shall contain sufficient information as to the
propriety of the billing to permit the City to evaluate that the amount due and payable
thereunder is proper, and shall specifically contain the City's account number indicated
on Exhibit A, Paragraph 17(C) to be charged upon making such payment.
3. Administration of Contract
Each party designates the individuals (Contract Administrators) indicated on Exhibit
A, Paragraph 12, as said party's contract administrator who is authorized by said party to
represent them in the routine administration of this agreement.
4. Term
This Agreement shall terminate upon City's receipt of all Deliverables listed iII
Exhibit A, section 8.C., or December 31, 2008, whichever is later. This Agreement may
be extended for one six-month period until June 30, 2009 upon written approval by the
City Manager.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages Rate is provided in
Exhibit A, Paragraph 13.
It is acknowledged by both parties that time is of the essence in the completion ofthis
Agreement. It is difficult to estimate the amount of damages resulting from delay in
performance. The parties have llsed tbeir judgment to arrive at a reasonable amount to
compensate for delay.
4-17
J ,Am""e1,ELlSAIAN:MAl,. CARE FACILITY'.Dr 6i~chd Asr~l'lhlUl_b"~-OS '.1..', I
Failure to complete the Defined Services within the allotted time period specified in
this Agreement shall result in the following penalty: For each consecutive calendar day in
excess of the time specified for the completion of the respective work assignment or
Deliverable, the Consultant shall pay to the City, or have withheld from monies due, the
sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 13 (Liquidated
Damages Rate).
Time extensions for delays beyond the Consultant's control, other than delays caused
by the City, shall be requested in writing to the City's Contract Administrator, or
designee, prior to the expiration of the specified time. Extensions of time, when granted,
will be based upon the effect of delays to the work and will not be granted for delays to
minor portions of work unless it can be shown that such delays did or will delay the
progress of the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer
If Consultant is designated on Exhibit A, Paragraph 14, as an "FPPC filer,"
Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act
conflict of interest and disclosure provisions, and shall report economic interests to the
City Clerk on the required Statement of Economic Interests in such reporting categories
as are specified in Paragraph 14 of Exhibit A, or if none are specified, then as determined
by the City Attorney.
B. Decline. to Participate
Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not
make, or participate in making or in any way attempt to use Consultant's position to
influence a governmental decision in which Consultant knows or has reason to know
Consultant has a financial interest other than the compensation promised by this
Agreement.
C. Search to Determine Economic Interests
Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants
and represents that Consultant has diligently conducted a search and inventory of
Consultant's economic interests, as the term is used in the regulations promulgated by the
Fair Political Practices Commission, and has determined that Consultant does not, to the
best of Consultant's knowledge, have an economic interest which would conflict with
Consultant's duties under this agreement.
D. Promise Not to Acquire Conflicting Interests
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further
warrants and represents that Consultant will not acquire, obtain, or assume an economic
4-18
1,',AMI11eylel.I$A\ANIM....LCARE FA("I(.JTY\Dr, Si$d,,:1 Asr",,",n<:!\t_O-S-OS we 8
interest during the term of this Agreement which would constitute a conflict of interest as
prohibited by the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further
warrants and represents that Consultant will immediately advise the City Attorney of City
if Consultant learns of an economic interest of Consultant's that may result in a conflict
of interest for the purpose of the Fair Political Practices Act, and regulations promulgated
thereunder.
F. Specific Warranties Against Economic Interests
Consultant warrants and represents that neither Consultant, nor Consultant's
immediate family members, nor Consultant's employees' or agems (Consultant
Associates) presently have any interest, directly or indirectly, whatsoever in any property
which may be the subject matter of the Defined Services, or in any property within 2
radial miles from the exterior boundaries of any property which may be the subject matter
of the Defined Services, (Prohibited Interest), other than as listed in Exhibit A, Paragraph
14.
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to
Consultant or Consultant Associates in connectioa with Consultant's performance of this
Agreement. Consultant promises to advise City of any such promise that may be made
during,the Term of this Agreement, or for twelve months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such Prohibited
Interest within the Term of.this Agreement, or for twelve months after the expiration of
this Agreement, except with the written permission of City.
Consultant may not conduct or solicit any business for any party to this Agreement,
or for any third party that may be ia conflict with Consultant's responsibilities under this
Agreement, except with the written permission of City.
7. Hold Harmless
Consultant shall defend, indemnify, protect and hold harmless the City, its. elected
and appointed officers and employees, from and against all claims for damages, liability,
cost and expense (including without limitation attorneys fees) arising out of or alleged by
third parties to be the result of the negligent acts, errors or omissions or the willful
misconduct of the Consultant, and Consultant's employees, subcontractors Dr other
persons, agencies or firms for whom Consultant is legally responsible in connection with
the execution of the work covered by this Agreement, except only for those claims,
damages, liability, costs and expenses (including without limitations, attorneys fees)
arising from the sole negligence or sole willfi.ll misconduct of the City, its officers,
employees. Also covered is liability arising from, connected with, caused by or claimed
4-19
J All('m~y\EL!5,\,ANIMAl (ARE.FA('1L1TY\D, Bischel A~r~rne<1l_6.~-i1S w<; 9
to be caused by the active or passive negligent acts or omissions of the City, its agents,
officers, or employees which may be in combination with the active or passive negligent
acts or omissions of the Consultant, its employees, agents or officers, or any third party.
With respect to losses arising from Consultant's professional errors or omissions
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability, cost
and expense (including without limitation attorneys fees) except for those claims arising
from the negligence or willful misconduct of City, its officers or employees.
Consultant's indemnification shall include any and all costs, expenses, attorneys fees
and liability incurred by the City, its officers, agents or employees in defending against
such claims, whether the same proceed to judgment or not. Consultant's obligations
under this Section shall not be limited by any prior or subsequent declaration by the
Consultant. Consultant's obligations under this Section shall survive the termination of
this Agreement.
For those professionals who are required to be licensed by the state (e.g. architects,
landscape architects, surveyors and engineers), the following indemnification provisions
should be utilized:
(1) Indemnification and Hold Harmless Agreement
With respect to any liability, including but not limited to claims asserted or costs,
losses, attorney fees, or payments for injury to any person or property caused or claimed
to be caused by the acts or omissions of the Consultant, or Consultant's employees,
agents, and ofticers, arising out of any services performed involving this project, except
liability for Professional Services covered under Section 7.2, the Consultant agrees to
defend, indemnify, protect, and hold harmless the City, its agents, officers, or employees
from and against all liability. Also covered is liability arising from, connected with,
caused by, or claimed to be caused by the active or passive negligent acts or omissions of
the City, its agents, officers, or employees which may be in combination with the active
or passi ve negligent acts or omissions of the Consultant, its employees, agents or officers,
or any third party. The Consultant's duty to indemnify, protect and hold harmless shall
not include any claims or liabilities arising from the sole negligence or sole willful
misconduct of the City, its agents, officers or employees. This section in no way alters,
affects or modifies the Consultant's obligation and duties under Section Exhibit A to this
Agreement.
(2) Indemnification for Professional Services.
As to the Consultant's professional obligation, work or services involving this
Project, the Consultant agrees to indemnify, defend and hold harmless the City, its
agents, officers and employees from and agamst any and all liability, claims, costs, and
damages, including but not limited to, attorneys fees, that arise out of, or pertain to, or
relate to the negligence, recklessness or willful misconduct of Consultant and its agents in
the performance of services under this agreement, but this indemnity does not apply
4-20
j.\....muno:ylE.LlSA\AN1/vIAL CAR:; FAC'!L1TY\Dr Bis~h~\ A!;r~~m"'M(_(,.5_Cl1! dI.x: 10
liability for damages for death or bodily injury to persons, inju..ry to property, or other
toss, arising from the so \e negligence, willful misconduct or defects in design by City or
the agents, servants, or independent contractors who are directly responsible to City, or
arising from the active negligence of City.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
Consultant's obligations under this Agreement, or if Consultant shall violate any of the
covenants, agreements or stipulations of this Agreement, City shall have the right to
terminate this Agreement by giving written notice to Consultant of such termination and
specifying the effective date thereof at least five (5) days before the effective date of such
termination. In that event, all finished or unfinished documents, data, studies, surveys,
drawirlgs, maps, reports and other materials prepared by Consultant shall, at the option of
the City, become the property of the City, and Consultant shall be entitled to receive just
and equitable compensation for any work satisfactorily completed on such documents
and other materials up to the effective date of Notice of Termination, not to exceed the
amounts payable hereunder, and less any damages caused City by Consultant's breach.
9. Errors and Omissions
[n the event that the City Administrator determines that the Consultants' negligence,
errors, or omissions in the performance of work under this Agreement has resulted in
expense to City greater than wOLlld have resulted ifthere were no such negligence,> errors,
omissions, Consultant shall reimburse City for any additional expenses incurred by the
City. Nothing herein is intended to limit City's rights under other provisions of this'
agreement.
10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by giving specific
. written notice to Consultant of such termination and specifying the effective date thereof,
at least thirty (30) days before the effective date of such termination. In that event, all
finished and unfinished documents and other materials described hereinabove shall, at the
option of the City. become City's sole and exclusive property. If the Agreement is
terminated by City as provided in this paragraph, Consultant shall be entitled to receive
just and equitable compensation for any satisfactory work completed on such documents
and other materials to the effective date of such termination. Consultant hereby expressly
wai ves any and all claims for damages or compensation arising under this Agreement
except as set forth herein.
11. Assignability
The services of Consu],ant are personal to the City, and Consultant shall not assign
any interest in this Agreement, and shall not transfer a.'lY interest in the same (whether by
assignment or notation), without prior written consent of City.
4-21
j-'.Aw.>n,<:y\E:US.AIA.NlMAL (ARE FAC"lLlTY\Dr, Bis<:hel AF~Itn"'II~_~.5-0~ dl,,, 1 1
City hereby consents to the assignment of the portions of the Defined Services
identified in Exhibit A, Paragraph 16 to the subconsultants identified thereat as
"Permitted Subconsultants."
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans, procedures,
systems and any other materials or properties produced under this Agreement shall be the
sole and exclusive property of City. No such materials or properties produced in whole or
in part under this Agreement shall be subject to private use, copyrights or patent rights by
Consultant in the United States or in any other country without the express written
consent of City. City shall have unrestricted authority to publish, disclose (except as may
be limited by the provisions of the Public Records Act), distribute, and otherwise use,
copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or
other materials or properties produced under this Agreement.
13. Independent Contractor
City is interested only in the results obtained and Consultant shall perform as an
independent contractor with sole control of the manner and means of performing the
services required under this Agreement. City maintains the right only to reject or accept
Consultant's work products. Consultant and any of the Consultant's agents, employees or
representatives are, for all purposes under this Agreement, an independent contractor and
shall not be deemed to be an employee of City, and none of them shall be entitled to any
benefits to which City employees are entitled including but not limited to, overtime,
retirement benefits, worker's compensation benefits, injury leave or other leave benefits.
Therefore, City will not withhold state or federal income tax, social security tax or any
other payroll tax, and Consultant shall be solely responsible for the payment of same and
shall hold the City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement, against the City
unless a claim has first been presented in writing and filed with the City and acted upon
by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista
Municipal Code, as same may from time to time be amended, the provisions of which are
incorporated by this reference as if fully set forth herein, and such policies and
procedures used by the City in the implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City for the
purpose of resolving any dispute over the terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that the
prevailing party shall be entitled to a judgment against the other for an amount equal to
4-22
J .All~'nlc~\El.ISA\ANIMAl. CARE FA(lL[TY\J)r. 8,~,hcl A~r~..m~nt_t>.~-1)3 du~ 12
reasonable attorney's fees and court ,costs incurred. The "prevailing party" shall be
deemed to be the party who is awarded substantially the relief sought.
16, Statement of Costs
l'1 the event that Consultant prepares a report or document, or participates in the
preparation of a report or document in performing the Defined Services, Consultant shall
include, or cause the inclusion of, in said report or document, a statement of the numbers
and cost in dollar amounts of all contracts and subcontracts relating to the preparation of
the report or document.
17, Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have no authority
to act as City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 15 is marked, the Consultant and/or their
principals is/are licensed with the S tate of California or some other state as a licensed real
estate broker or salesperson. Otherwise, Consultant represents that neither Consultant,
nor their principals are licensed real estate brokers or salespersons.
C. Notices
All notices, demands or requests provided for or permitted to be given pursuant to
this Agreement must be in writing. All notices, demands and requests to be sent to any
party shall be deemed to have been properly given or served if personally served or
deposited in the United States mail, addressed to such party, postage prepaid, registered
or certified, with return receipt requested, at the addresses identified herein as the places
of business for each of the designated parties.
D. Entire Agreement
This Agreement, together with any other written document referred to or
contemplated herein~ embody1he entire Agreement and understanding between the
parties relating to the subject matter hereof. Neither this Agreement nor any provision
hereof may be amended, modified, waived or discharged except by an instrument in
writing executed by the party against which enforcement of such amendment, waiver or
discharge is sought.
E. Capacity ofFarties
Each signatory and party hereto hereby "varra.TJts and represents to the other party that
it has legal authority and capacity and direction from its principal to enter into tbis
4-23
hAI'.1"1..:y\E.t.:SA'.ANIMAL CARE FAClU,"i\Dr aj~cnel A~~'':tt:"I_(l.5.:13 ti.,<; 1-;
Agreement, and that all resolutions or other actions have been taken so as to enable it to
enter into this Agreement.
F. Governing LawNenue
This Agreement shall be governed by and construed in accordance with the laws of
the State of California. Any action arising under or relating to this Agreement shall be
brought only in the federal or state courts located in San Diego County, State of
California, and if applicable, the City of Chula Vista., or as close thereto as possible.
Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista.
(End of page. Next page is signature page.)
4-24
J \At\""I..",EL.lSA\ANtMAL CARE FAC'ILITY\01 g,schd .....g'=","m_b-5-rJS,w,1l: 14
Parties and Recital Page(s)
Agreement between
City of Chula Vista
and
Dr. Ginny Bischel, DVM
for Veterinary care at the Chula Vista Animal Care Facility
IN WITi'iESS WHEREOF, Clty and Consultant have executed this Agreement
thereby indicating that they have read and understood same, and indicate their fun and
complete consent to its terms: .
Dated:
City ofChula Vista
By:
David R. Garcia, City Manager
Attest:
Donna Norris, Interim City Clerk
Approved as to form:
City Attorney
Dated:
Exhibit List to Agreement
(X) Exhibit A.
(X) Agreement with Dr. Bischel, DVM, dated December 29, 2007
4-25
J Altc'''',,~\ELlS.'''\Ai'<lo\<lAL (" AP.: F....(IU,Y\Dr Bi:l..-nel Agr~"m"m_~5..~~.:1o...; 1 S
Exhibit A
to
Agreement between
City of Chula Vista
and
Dr. Ginny Bischel, DVM
for Veterinary care at the Chula Vista .A.oimal Care Facility
1. Effective Date of Agreement: July 1,2008
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation of the State of California
( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the
State ofCalifomia
( ) Industrial Development Authority of the City of Chula Vista, a
( ) Other:
form]
, a [insert business
("City")
3. Place of Business for City:
City ofChula Vista
276 Fourth Avenue
Chula Vista, CA 91910
4. Consultant:
Dr. Ginny Bishel, DVM
5. Business Form of Consultant:
(X) Sole Proprietorship
( ) Partnership
( ) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
Eastlake Village Veterinary Clinic
Eastlake Village Shopping Center
2260 Otay lakes Road, Suite 113
4-26
l .....It,.r:Ic:]'ISllS..........NI,VlAl CAR" F'ACI!..ITY',Or 8u-el",1 ^~I~~:=nl_!).5-oa.d"..: 16
Chula Vista, California 91915
Voice Phone: (619) 482-9100
Fax: (619) 470-1188
7. General Duties:
Consultant shall work as the City's Licensee for its Veterinary Premises Permit at the
Chula Vista Animal Care Facility and shall oversee all veterinary medical activities and
procedures at the Chula Vista Animal Care Facility. Consultant shall also undertake a
comprehensi ve analysis of the business activities and practices of the Chula Vista Animal
Care Facility and shall prepare written recommendations on the effectiveness of the
City's operation of the facility and any changes to its practices that the Consultant feels
would increase the services the City provides to the public and the animals in its care.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
Consultant services shall include, but are not limited to the following:
(l) Consultant shall use her veterinary license for the City's Veterinary Premises
Permit for the Chula Vista Animal Care Facility. Consultant agrees to give
the City ninety (90) days written notice of her intent to withdraw her
veterinary license for the Veterinary Premises Permit.
(2) Consultant shall oversee all veterinary medical activities at the Facility.
(3) Consultant shall approve the use of any drugs and medications utilized or
pllrchased for use at the Facility or by staff based at the Facility.
(4) Consultant shall wldertake a comprehensive review of the Facility's operation
and business practices under the direction of the City's Contract
Administrator. This review shall include:
a. Review of current organizational structure and divisional alignment
b. Review of all Facility policies and procedures
c. Review of all Facility expenses and budgets
d. Review of Facility protocols for maintenance, .cleaning and disinfecting
activities
e. Review of current medical protocols
f. Review of and oversee all outsourcing expenses and contracts
4-27
J.\AIW"'..yIE!.!S....\.<\,...,M....l.. C....R1: FA('IUTY\Or a;.~ho::l A!,:'''e1''':n(_bo~_O~ doe 1 7
g. Review of and inventory all medical supplies (drugs, vaccines, etc.) and
equipment, kennel supplies and equipment, office supplies and equipment
(5) Consultant shall develop a work plan with Interim Facility Manager and
Facility staff to address issues affecting the Facility including animal care
issues, public inquiry and complaints and regulatory agency issues.
(6) Consultant shall meet with the Clty'S Contract Administrator or their
representative to discuss and issues or changes to current protocols as
necessary
(7) Con.sultant shall develop a manual outlining the policies and procedures for
the Facility.
(8) Consultant shall develop a manual outlining, step-by-step, the adoption
process at the Facility.
(9) Consultant shall provide a ftnal report assessing the effectiveness of the
Facility and recommending any proposed changes.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery ofDeliverables:
Deliverable No. 1: Manual outlinlng the policies and procedures for the Facility
by September 30, 2008
Deliverable No.2: Manual outlining, step-by-step, the adoption process at the
Facility by September 30,2008
Deliverable No.3: Final report assessing the effectiveness of the Facility and
recommending any proposed changes by September 30, 2008.
D. Date for completion of all Consultant services:
Upon receipt of all Deliverables or December 31, 2008, whichever is later. This
Agreement may be extended for one six-month period until June 30, 2009 upon written
approval by the City Manager.
9. Materials Required to be Supplied by Clty to Consultant:
4-28
J "AUum"ylE.U;')A'.AI'IIMAL C'ARE F....C1UTY\Or 6i1~l1c! "'gr""n1e1'll_u.5-Oli.doc 18
10. Compensation:
A. (X) Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant as herein required, City
shall pay a single fixed fee in the amounts and at the times or milestones or for the
Deliverables set forth below:
Single Fixed Fee Amount: $48,000, payable as follows:
Milestone or Event or Deliverable
Amount or Percent of Fixed Fee
( ) 1. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a percentage of
completion basis for each given phase such that, at the end of each phase only
the compensation for that phase has been paid. Any payments made hereunder
shall be considered as interest free loans that must be returned to the City if
the Phase is not satisfactorily completed. If the Phase is satisfactorily
completed, the City shall receive credit against the compensation due for that
phase. The retention amount or percentage set forth in Paragraph 19 is to be
applied to each interim payment such that, at the end of the phase, the full
retention has been held back from the compensation due for that phase.
Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the
City, or such other person as the City Manager shall designate, but only upon
such proof demanded by the City that has been provided, but in no event shall
such interim advance payment be made unless the Contractor shall have
represented in writing that said percentage of completion of the phase has
been performed by the Contractor. The practice of making interim monthly
advances shall not convert this agreement to a time and materials basis of
payment.
B. (Xl Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined Services by Consultant
as are separately identified below, City shall pay the fixed fee associated with each phase
of Services, in the amounts and at the times or milestones or Deliverables set forth.
Consultant shall not corrunence Services tinder any Phase, and shall not be entitled to the
compensation for a Phase, unless City shall have issued a notice to proceed to Consultmt
2S to sald Phase.
4-29
I "......._....\~, .""-"",,...,.1' ,"'I>~C"""l rTV\fl,. l'I",.-I,~IA"Ttttl\",n' !>.~_<l~d,.... , n
Phase
Fee for Said Phase
I. July 1, 2008 through September 30, 2008.$24,000
2. October 1, 2008 through December 31, $24,000
2008
( ) 1. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a percentage of
completion basis for each given phase such that, at the end of each phase only
the compensation for that phase has been paid. Any payments made hereunder
shall be considered as interest free loans that must be returned to the City if
the Phase is not satisfactorily completed. If the Phase is satisfactorily
completed, the City shall receive credit against the compensation due for that
phase. The retention amount or percentage set forth in Paragraph 19 is to be
applied to each interim payment such that, at the end of the phase, the full
retention has been held back from the compensation due for that phase.
Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the
City, or such other person as the City Manager shall designate, but only upon
such proof demanded by the City that has been provided, but in no event shall
such interim advance payment be made unless the Contractor shall have
represented in writing that said percentage of completion of the phase has
been perfoffiled by the Contractor. The practice of making interinl monthly
advances shall not convert this agreement to a time and materials basis of
payment.
C. ( ) Hourly Rate Arrangement
For performance of the Defined Services by Consultant as herein required, City shall
pay Consultant for the productive hours of time spent by Consultant in the performance
of said Services, at the rates or amounts set forth in the Rate Schedule herein below
according to the following terms and conditions: .
(1) ( ) Not-to-Exceed Limitation on Time and Materials Ammgement
Notwithstanding the expenditure by Consultant of time and materials in
excess of said Maximl\m Compensation amount, Consultant agrees that
Consultant will perform all of the Defined Services herein required of Consultant
for $ including all Materials, and other
<'reimbursables" (Maximum Compensation).
(2) ( ) Limitation without Further Authorization on Time and Materials
Arrangement
4-30
~ .A:llHll~y\:;:lIS""\;''''''\MAL C...RE FACILlTY\Dr. B;,~h~1 AS'I"!:",,,,,,:>/_("'~";l8 ~:>t; 20
At such tille as Consultant soall have incurred time and materials equal to
(Autftorization Limit), Consultant shall not be
entitled to any additional compel'..sation wimout further aumorization issued in
writing and approved by the City, Nothing herein shall preclude Consultant from
providing additional Services at Consultant's own cost and expense,
Category of Employee
Rate Schedule
Name of Consultant
HomIy Rate
$
$
$
$
$
) Hourly rates may increase by 6% for services rendered after [month], 20_,
if delay in providing services is caused by City.
1 I, Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in me performance of
services herein required, City shall pay Consultant at the rates or amounts set forth
below:
(X) None, the compensation includes all costs,
Cost or Rate
$
$
$
$
$
$
exceed $
() Reports, not to exceed $
() Copies, not to exceed $
() Travel, not to exceed $
() Printing, not to exceed $
() Postage, not to exceed $
() Deli very, not to exceed $
() Long Distance Telephone Charges, not to
$
() Omer-Actual Identifiable Direct Costs:
, not to exceed $
, not to exceed $
$
$
$
J.\A:lur1\<:yIEi../SA\,.l"NJMAl. CARE F.'LlI,.17Y\Dr Bisehel A;rc~m..m_b.5";1~ :ir..,~ 421 31
12. Contract Administrators:
City:
Jack Griffin, Director 0 f Pub lic Works
Consultant:
Dr. Ginny Bischel, DVM
l3. Llquidated Damages Rate:
( ) $
( ) Other:
per day.
14. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of
[nterest Code:
(X) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
( ) Category No.1. Investments and sources of income.
( ) Category No.2. Interests in real property.
) Category No.3. Investments, interest in real property and sources of income
subject to the regulatory, pem1it or licensing authority of the department.
( ) Category No.4. Investments in business entities and sources of income that
engage in land development, constmction or the acquisition or sale of real
property.
( ) Category No.5. Investments in business entities and sources of income of the
type which, within the past two years, have contracted with the City of Chula
Vista (Redevelopment Agency) to provide services, supplies, materials,
machinery or equipment.
) Category No. 6. Investments in business entities and S01.lrces of income of the
type which, within the past two years, have contracted with the designated
employee's department to provide services, supplies, materials, machinery or
equipment.
( ) Category No.7. Business positions.
) List "Consultant Associates" interests in real property within 2 radial miles of
Project Property, if any:
4-32
J:'Al(U,,,ey,EL1SA\ANIMAl CARE FA('IUTy\O... ai~che: Agr"~m,,nl_t>-5-m;,<luc 22
15. ( ) Consultant is Real Estate Broker and/or Salesman
16. Permitted Subconsultants:
17. Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
( ) Monthly
(X) Quarterly
( ) Other:
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
(X) End of the Month
( ) Other:
C. City's Account Number: 10821-6301
18. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
( ) Retention. If this space is checked, then notwithstanding other provisions to the
contrary requiring t.'1e payment of compensation to the Consultant sooner, the City
shall be entitled to retain, at their option, either the following "Retention
4-33
} 'Atl<'''lc)',E.L1~A\ANI,'.(AI_ CARE ~ACIUI'\'~Or 6iscl,d A~r.:c"'C"'_t>_~ns o.kn:: 23
Percentage" or "Retention Amount" until the City determines that the Retention
Release Event, listed below, has occurred:
( ) Retention Percentage:
( ) Retention AmOli.'lt: $
%
Retention Release Event:
( ) Completion of All Consultant Services
( ) Other:
4-34
hAt!"l1\ey\~lISAtANIMAL(ARE f'ACIUTYlDr 3isc~1 Ag:"e"!1len{.I)-~.ns Q(IC 24
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FOR.1\1 BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
~L,__ll /~ ~
City Attorney
Dated:
(yIlt/oJ
~. I
Agreement between
City of Chula Vista
And
Dr. Kendra A. Jiannuzzi
4-35
Parties and Recital Pagers)
Agreement between
City af Chula Vista
and
Dr. Kendra A. Jiannuzzi, DVM
far Veterinarian Care at the Chula Vista lvumal Care Facility
This agreement (Agreement), dated July l, 2008, for the purposes of reference only,
and effective as af the date last executed unless anather date is otherwise specified in
Exhibit A, Paragraph 1, is between the City-related entity as is in.dicated on Exhibit A,
Paragraph 2, as such (City), whose business farm is set farth an Exhibit A, Paragraph 3,
and the entity indicated an the attached Exhibit A., Paragraph 4, as Cansultant, whase
business farm is set farth an Exhibit A, Paragraph 5, and whose place af business and
telephane numbers are set forth an Exhibit A, Paragraph 6 (Cansultant), and is made with
reference to. the fallowing facts:
Recitals
Whereas, City awns and aperates the Chula Vista Animal Care Facility, a municipal
animal care facility (the "Facility"); and
Whereas, Dr. Darathy Yark, DVM, the AJ.1imal Care Facility Manager retired an
December 29, 2007; and
Whereas, the State af Califarnia requires all municipal animal shelters to. retain a
Veterinary Premise License; and
Whereas, on December 29, 2007, the City entered into. an agreement with Dr. Ginny
Bischel in which Dr. Bischel agreed to. place her name an the State Veterinary Premise
License far the Facility, assist staff in reviewing the aperatians af the Facility, and find a
permanent long-term salutian far the provisian af veterinarian services and a premise
[icense, amang ather duties; and
Whereas, Cansultant is a licensed California Veterinarian; and
Whereas, the City entered into. an agreement with Cansultant dated February 7, 2008
to. pravide veterinarian care, treatment and perform spay and neuters at the Animal Care
Facility; and
Whereas, the term afthat agreement expires an June 30, 2008; and
Whereas, the City, Dr. Bischel, and Consultant anticipate that the Califarnia
Veterinary Premise Permit will be trfu"1sferred fram Dr. Bischel to Consultant; and
Vlhereas, Cansultant warrants and represents that she is experienced and staffed in a
manner such that she can prepare fu"1d deliver the services required of ConsuHant to. City
J 'AU<~"ci-El.lSA\ANIMALCARE FACll.ITY\Or Hanlluni A!P"='I,,:~[_t>-~-Os'~13 6
within the time frames herein provided all in accordance with the terms and conditions of
this Agreement. .
(End of Recitals. Next Page starts Obligatory Provisions.)
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Obligatory Provisions Pages
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the attached Exhibit A,
Paragraph 7, entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties," ConsUltant shall
also perform all of the services described in Exhibit A, Paragraph 8, entitled "Scope of
Work and Schedule," not inconsistent with the General Duties, according to, and within
the time frc.mes set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables
as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time
being of the essence of this agreement. The General Duties and the work and deliverables
required in the Scope of Work and Schedule shall be herein referred to as the "Defined
Services." Failure to complete the Defined Services by the times indicated does not,
excepr at the option of the City, operate to terminate this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from time to time reduce
the Defined Services to be performed by the Consultant under this Agreement. Upon
doing so, City and Consultant agree to meet in good faith and confer for the purpose of
negotiating a corresponding reduction in the compensation associated with said
reduction.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require
Consultant to perform additional consulting services related to the Defmed Services
(Additional Services), and upon doing so in writing, if they are within the scope of
services offered by Consultant, Consultant shall perform same on a time and materials
basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 1O(C), unless a
separate fixed fee is otherwise agreed upon. All compensation for Additional Services
shall be paid monthly as billed.
E. Standard of Care
Consultant, in performing any Services under this Agreement, whether Defined
Services or Additional Services, shall perform in a manner consistent with that level of
care and skill ordinarily exercised by members of the profession currently practicing
under similar conditions and in similar locations.
J-\All0mcy',EL1SAIA.NfMAL CAR.E FA('ILJTY\Dr. }i::n>r'uai ^s:'.~~m"'1r tl.)_os w~ ~ 3 8,- 0
F. Insurance
Consultant must procure insurance agail'..st claims for injuries to persons or damages
to property that may arise from or in connection with the performance of the work under
the contract and the results of that work by the Consultant, his agents, representatives,
employees or subcontractors and provide documentation of same prior to co=encement
of work. The insurance must be maintained for the duration of the contract.
Minimum Scope of Insurance
Coverage must be at least as broad as:
(I) Insurance Services Office Commercial General Liability coverage (occurrence
Form CGOOOI).
(2) Insurance Services Office Form Number CA 0001 covenng Automobile
Liability, Code I (any auto).
(3) Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
(4) Professional Liability or Errors & Omissions Liability insurance appropriate
to the Consultant's profession. Architects' and Engineers' coverage is to be
endorsed to include contractual liability.
Minimum Limits of Insurance
Contractor mllst maintain limits no less than:
I. General Liability:
(Including operations,
products and completed
operations, as
applicable)
2. Automobile Liability:
3. Workers' Compensation
Employer's Liability:
4. Professional Liability or
Errors & Omissions
Liability:
$1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General
Liability insurance with a general aggregate limit is used,
either the general aggregate limit must apply separately to
this project/location or the general aggregate linlit must be
twice the required occurrence limit.
$1,000,000 per accident for bodily injury and property
damage.
Statutory
$1,000,000 each accident
$1,000,000 disease-policy limit
$1,000,000 disease-each employee
$1,000,000 each occurrence
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~
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the
City. At the option oftlJ.e City, either the i!lSUrer will reduce or eliminate such deductibles
or self-insured retentions as they pertain to the City, its officers, officials, employees and
volunteers; or the Consultant will provide a Enancial guarantee satisfactory to the City
guaranteeing payment of losses and related investigations, claim administration, and
defense expenses.
Other Insurance Provisions
The general liability, automobile liability, and where appropriate, t.'16 worker's
compensation policies are to contain, or be endorsed to contain, the following provisions:
(1) The City of Chula Vista, its officers, officials, 'employees, agents, and
volunteers are to be named as additional insureds with respect to liability
arising out of automobiles owned, leased, hired or borrowed by or on behalf
of the Consultant, where applicable, and, with respect to liability arising out of
work or operations performed by or on behalf of the Consultant, including
providing materials, parts or equipment furnished in connection with such
work or operations. The general liability additional insured coverage must be
provided in the form of an endorsement to the contractor's insurance using
ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement must not
exclude Products/Completed Operations coverage.
(2) The Consultant's General Liability insurance coverage must be prinlary
insurance as it pe11ains to the City, its officers, officials, employees, agents,
and volunteers. Any insurance or self-irisurance maintained by the City, its
officers, officials, employees, or volunteers is wholly separate from the
insurance of the contractor and in no way relieves the contractor from its
responsibility to provide insurance.
(3) The insurance policy required by this clause must be endorsed to state that
coverage will not be canceled by either party, except after thirty (30) days'
prior written notice to the City by certified mail, rehllll receipt requested.
(4) Coverage shall not extend to any indemnity coverage for the active negligence
of the additional insured in any case where an agreement to indemnify the
additional insured would be invalid under Subdivision (b) of Section 2782 of
the Civil Code.
(5) Consultant's insurer will provide a Waiver of Subrogation in favor of the City
for each required policy providing coverage during the life ofthis contract.
If General Liability, Pollution andlor Asbestos Pollution Liability andlor Errors &
Omissions coverage are written on a claims-made form:
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(1) The "Retro Date" must be shown, and must be before the date of the contract
or the beginning of the contract work.
(2) Insurance must be maintained and evidence of insurance must be provided for
at least five (5) years after completion of the contract work.
(3) If coverage is canceled or non-renewed, and not replaced with another claims-
made policy form with a "Retro Date" prior to the contract effective date, the
Consultant must purchase "extended reporting" coverage for a minimum of
fi ve (5) years after completion of contract work.
(4) A copy of the claims reporting requirements must be submitted to the City for
review.
Acceptability of Insurers
Insurance is to be placed with licensed insurers admitted to transact business in the
State of California with a current A.M. Best's rating of no less than A V. If insurance is
placed with a surplus lines insurer, insurer must be listed on the State of California List of
Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best's rating of no less than
A X. Exception may be made for the State Compensation Fund when not specifically
rated.
Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory
endorsements effecting coverage required by this clause. The endorsements should be on
insurance industry forms, provided those endorsements or policies conform to the
contract requirements. All certificates and endorsements are to be received and approved
by the City before work commences. The City reserves the right to require, at any time,
complete, certified copies of all required insurance policies, including endorsements
evidencing the coverage required by these specifications.
Subcontractors
Consultants must include all subconsultants as insureds under its policies or nlrnish
separate certificates and endorsements for each subconsultant. All coverage for
subconsultants are subject to all of the requirements included in these specifications.
G. Security for Performance
(1) Performance Bond
In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to
provide a Performance Bond (indicated by a check mark in the parenthetical space
immediately preceding the subparagraph entitled "Perforrna..TJ.ce Bond), then Consultant
shall provide to the City a performance bond in the form prescribed by the City and by
1\ IE' .. 4-41
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such sureties which are authorized to transact such business in the State of California,
listed as approved by the United States Department of Treasury Circular 570,
http://www.iiTIS.treas.~ov;c570, and whose underwriting liinitation is sufficient to issue
bonds in the amount required by the agreement, and which also satisfy the requirements
stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise
by laws or regulations. All bonds signed by an agent must be accompanied by a certified
copy of such agent's authority to act. Surety companies must be duly licensed or
authorized in the jurisdiction in which the Project is located to issue bonds for the limits
so required. Form must be satisfactory to the Risk Manager or City Attorney which
amount is indicated in the space adjacent to the term, "Performance Bond," in said
Exhiblt A, Paragraph 18.
(2) Letter of Credit
In the event tbt Exhibit A, at Paragraph 18, indicates the need for Consultant to
provide a Letter of Credit (indicated by a check mark in the parenthetical space
immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant
shall provide to the City an LlTevocable Letter of Credit callable by t.lJ.e City at their
unfettered discretion by submitting to the bank a letter, signed by the City Manager,
stating that the Consultant is in breach of the terms of this Agreement. The Letter of
Credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk
Manager or City Attorney which amount is indicated in the space adjacent to the term,
"Letter of Credit," in said Exhibit A, Paragraph 18.
(3) Other Security
In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to
provide security other than a Perfornlance Bond or a Letter of Credit (indicated by a
check mark in the parenthetical space immediately preceding the subparagraph entitled
"Other Security"), then Consultant shall provide to the City such other security therein
listed in a form and amount satisfactory to the Risk Manager or City Attorney.
H. Business License
Consultant agrees to obtain a business license from the City and to otherwise comply
with Title 5 of the Chula Vista Municipal Code.
2. Duties ofthe City
A Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing the progress
of the Defmed Services and Schedule therein contained, and to provide direction and
guidance to achieve the objectives of this agreement. The City shall permit access to its
office facilities, files and records by Consultant throughout the term of the agreement. In
addition thereto, City agrees to provide the information, data, items and materials set
forth on Exhibit A, Paragraph 9, and with the further understandiing that delay in the
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provision of these materials beyond thirty (30) days after authorization to proceed, shall
constitute a basis for the justifiable delay in the Consultant's performance of this
agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant submitted to the City
periodically as indicated in Exhibit A, Paragraph 17, but in no event more frequently than
monthly, on the day of the period indicated in Exhibit A, Paragraph 17, City shall
compensate Consultant for all services rendered by Consultant according to the terms al1d
conditions set forth in Exhibit A, Paragraph 10, adjacent to the governing compensation
relationship indicated by a "checkmark" next to the appropriate arrangement; subject to
the requirements for retention set forth in Paragraph 18 of Exhibit A, and shall
compensate Consultant for out of pocket expenses as provided in Exhibit A, 'Paragraph
11.
All billings submitted by Consultant shall contain sufficient information as to the
propriety of the billing to permit the Ctty to evaluate that the amount due and payable
thereunder is proper, and shall specifically contain the City's account nun1ber indicated
orr Exhibit A, Paragraph 17(C) to be charged upon making such payment.
3. Administration of Contract
Each party designates the individuals (Contract Administrators) indicated on Exhibit
A, Paragraph 12, as said party's contract administrator who is authorized by said party to
represent them in the routine administration of this agreement.
4. Term
The term of this Agreement is one year. However, the Parties can agree to extend the
term of this Agreement for an additional three one-year terms upon written approval by
the City Manager. If the term of this Agreement is not extended, it shall terminate on
June 30, 2009.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages Rate is provided in
Exhibit A, Paragraph 13.
It is acknowledged by both parties that tin1e is of the essence in the completion of this
Agreement. It is difficult to estimate the amount of damages resulting from delay in
performance. The parties have used their judgment to arrive at a reasonable amolmt to
compensate for delay.
Failure to complete the Defined Services within the allotted time period specified in
this Agreement shall result in the foilowing penalty: For each consecutive calendar day in
excess of the time specified for the completion of the respective work assignment or
J '-':mr=1,EL.ISA'ANli\lIAL C'ARE.fA('l1.1TY\Dr )imullIzzi .l.,l<re~"'~U.."5-l1ll d.r..4i43
Deliverable, the Consullam shall pay to the City, or have withb.eld from monies due, the
sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 13 (Liquidated
Damages Rate).
Time extensions for delays beyond me Consultant's control, omer man delays caused
by the City, shall be requested in wTiting to me City's Contract Administrator, or
designee, prior to the expiration of the specified time. Extensions of time, when granted,
will be based upon the effect of delays to me work and will not be gr~-:!ted for delays to
minor portions of work unless it can be shown that such delays did or will delay the
progress of the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer
If Consultant is designated on Exhibit A, Paragraph 14, as an "FPPC filer,"
Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act
conflict of interest and disclosure provisions, and shall report economic interests to the
City Clerk on the required Statement of Economic Interests in such reporting categories
as are specified in Paragraph 14 of Exhibit A, or if none are specified, then as determined
by the City Attorney.
B. Decline to Participate
Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not
make, or participate in making or in any way attempt to use Consultant's position to
influence a govemmental decision in which Consultant knows or has reason to know
Consultant has a financial interest other than the compensation promised by this
Agreement.
C. Search to Determine Economic Interests
Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants
and represents that Consultant has diligently conducted a search and inventory of
Consultant's economic interests, as the telID is used in the regulations promulgated by the
Fair Political Practices Commission, and has determined that Consultant does not, to the
best of Consultant's knowledge, have an economic interest which would conflict with
ConsLtltant's duties under this agreement.
D. Promise Not to Acquire Conflicting Interests
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further
warrants and represents that Consultant will not acquire, obtain, or assume an economic
interest during the term of this Agreement which would constitute a conflict of interest as
prohiblted by the Fair Political Practices Act.
. 4-44
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E. Duty to Advise of Conflicting Interests
Regardless of whether Consultant is designated as an FPPC Filer, Consultant Willer
warrants and represents that Consultant will immediately advise the City Attorney of City
if Consultant learns of an economic interest of Consultant's that may result Ln. a conflict
of interest for the purpose of the Fair Political Practices Act, and regulations promulgated
thereunder.
F. Specific Warranties Against Economic Interests
Consultant warrants and represents that neither Consultant, nor Consultant's
immediate family members, nor Consultant's employees or agents (Consultant
Associates) presently have any interest, directly or indirectly, wharsoever in any property
which may be the subject matter of the Defined Services, or in any property within 2
radial miles from the exterior boundaries of any property which may be the subject matter
of the Defined Services, (Prohibited Interest), other than as listed in Exhibit A, Paragraph
14.
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to
Consultant or Consultant Associates in connection with Consultant's performance of this
Agreement. Consultant promises to advise City of any such promise that may be made
during the Term of this Agreement, or for twelve months thereafter.
Consultant agrees that Consultant Associates shall not acquire any SLlch Prohibited
Interest witl1in the Tean of this Agreement, or for twelve months after the expiration of
this Agreement, except with the written permission of City.
Consultant may not conduct or solicit any business for any party to this Agreement,
or for any third party that may be in conflict with Consultant's responsibilities under this
Agreement, except with the written permission of City.
7. Hold Harmless
Consultant shall defend, indemnify, protect and hold harmless the City, its elected
and appointed officers and employees, from and against all claims for damages, liability,
cost and expense (including without limitation attorneys fees) arising out of or alleged by
third parties to be the result of the negligent acts, errors or omissions or the willful
misconduct of the Consultant, and Consultant's employees, subcontractors or other
persons, agencies or firms for whom Cons1.lltant is legally responsible in connection with
the execution of the work covered by this Agreement, except only for those claims,
damages, liability, costs and expenses (including without limitations, attorneys fees)
arising from the sole negligence or sole willful misconduct of the City, its officers,
employees. Also covered is liability arising from, connected with, caused by or claimed
to be caused by the active or passive negligent acts or omissions of the City, its agents,
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officers, or employees which may be in combination with the active or passive negligent
acts or omissions of the Consultant, its employees, agems or officers, or any third party.
With respect to losses arising from Consultant's professional errors or omissions,
Consultant shall defend, inderrm.ify, protect and hold harmless the City, its elected and
appointed officers arid employees, from and against all claims for damages, liability, cost
and expense (including without limitation attorneys fees) except for those claims arismg
from the negligence or willful misconduct of City, its officers or employees.
Consultant's indemnification shall include any and all costs, expenses, attorneys fees
and liability incurred by the City, lts officers, agents or employees in defending against
such claims, whether the same proceed to judgment or not. Consultant's obligations
under this Section shall not be limited by any prior or subsequent declaration by the
Consultant. ConsLlltant's obligations under this Section shall survive the terrrination of
this Agreement.
For those professionals who are required to be licensed by the state (e.g. architects,
landscape architects, surveyors and engineers), the following indemnification provisions
should be utilized:
(1) Inderrmification and Hold Harmless Agreement
With respect to any liability, including but not limited to claims asserted or costs,
losses, attorney fees, or payments for injury to any person or property caused or claimed
to be caused by the acts or omissions of the Consultant, or Consultant's employees,
agents, and officers, arising out of any services performed involving this project, except
liability for Professional Services covered under Section 7.2, the Consultant agrees to
defend, indemnify, protect, and hold harmless the City, its agents, officers, or employees
from and against all liability. Also covered is liability arising from, conIlected with,
caused by, or claimed to be caused by the active or passive negligent acts or omissions of
the City, its agents, officers, or employees which may be in combination with the active
or passive negligent acts or omissions of the Consultant, its employees, agents or officers,
or any third party. The Consultant's duty to indemnify, protect and hold harmless shall
not include any claims or liabilities arising from the sole negligence or sole willful
misconduct of the City, its agents, officers or employees. This section in no way alters,
affects or modifies the Consultant's obligation and duties under Section Exhibit A to this
Agreement.
(2) Inderrmification for Professional Services.
As to the Consultant's professional obligation, work or services involving this
Project, ll],e Consultant agrees to inderrmify, defend and hold harmless the City, its
agents, officers and employees from and against any and all liability, claims, costs, and
damages, includL'1g but not limited to, attorneys fees, that arise out of, or pertain to, or
relate to the negligence, recklessness or willful misconduct of Consultant and its agents in
the performance of services under this agreement, but this indemnity does not apply
llability for damages for death or bodily injury to persons, injury to property, or other
1 Au..,,,u:l"El.IS....V..Nlfo<IAL CARE FAC1Ll,Y\D' Ji~",,~zz; AF~~(rwnl-,.>.~.(l~ o.k.j;~ 4 6
loss, arising from the sole negligence, willfcl! misconduct or defects in design by City or
the agents, servants, or independent contractors who are directly responsible to City, or
arising from the active negligence of City.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fcI.!fill in a timely and proper manner
Consultant's obligations under this Agreement, or if Consultant shall violate any of the
covenants, agreements or stipulations of this Agreement, City shall have the right to
terminate this Agreement by giving written notice to Consultant of such termination and
specifying the effective date thereof at least five (5) days before the effective date of such
termination. In that event, all finished or unfinished documents, data, studies, surveys,
drawings, maps, reports and other materials prepared by Consultant shall, at the option of
the City, become the property of the City, and Consultant shall be entitled to receive just
and equitable compensation for any work satisfactorily completed on such documents
and other materials up to the effective date of Notice of Termination, not to exceed the
amounts payable hereunder, and less any damages caused City by Consultant's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the Consultants' negligence,
errors, or omissions in the performance of work under this Agreement has resulted in
expense to City greater than would have resulted if there were no such negligence, errors,
omissions, Consultant shall reimburse City for any additional expenses incurred by the
City. Nothing herein is intended to limit City's rights under other provisions of this
agreement.
lO. Tem1ination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by giving specific
written notice to Consultant of such termination and specifying the effective date thereof,
at least thirty (30) days before the effective date of such termination. In that event, all
finished and unfinished documents and other materials described hereinabove shall, at the
option of the City, become City's sole and exclusive property. If the Agreement is
terminated by City as provided in this paragraph, Consultant shall be entitled to receive
just and equitable compensation for any satisfactory work completed on such docmnents
and other materials to the effective date of such tennination. Consultant hereby expressly
waives any and all claims for damages or compensation arising under this Agreement
except as set forth hereil,.
II. Assignability
The services of Consultant are personal to the City, and Consultant shall not assign
any interest in this Agreement, and shall not tram fer any interest in the same (whether by
assignment or notation), without prior written consent of City.
J,'.Al(UnM:y\EUSA\ANIMAL CARE FAC'lLITY\Or. J;;J.nnuni A,r-eeJ1O:I1I_("'~-OSdo1124 7
City hereby consents to the assignment of the portions of the Defmed Services
identified in Exhibit .A., Paragraph 16 to the subconsultams identified t'1ereat as
"Permitted S ubconsultants."
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, inforrnc.tion, data, statistics, forms, designs, plans, procedures,
systems and any other materials or properties produced under this Agreemem shall be the
sole arId exclusive property of City. No such materials or properties produced in whole or
in part under t.'1is Agreement shall be subj ect to private use, copyrights or patent rights by
Consultant in the United States or in any other country without the express written
consent of City. City shall have unrestricted authority to publish, disclose (except as may
be limited by the provisions of the Public Records Act), distribute, and otherwise use,
copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or
other materials or properties produced under this Agreement.
13. Independent COlltractor
City is interested only in the results obtained and Consultant shall perform as an
indepelldent cOlltractor with sole control of the manner and means of performing the
services required under this Agreement. City maintains the right only to reject or accept
ConsultaIlt'S work products. Consultant and any of the Consultant's agents, employees or
representatives are, for all purposes under this Agreement, an independent contractor and
shall not be deemed to be all employee of City, and none of them shall be entitled to any
benefits to which City employees are entitled including but not limited to, overtime,
retiremellt benefits; worker's compensation benefits, injury leave or other leave benefits.
Therefore, City will not withhold state or federal income tax, social security tax or any
other payroll tax, and Consultant shall be solely responsible for the payment of same and
shall hold the City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No SUtt or arbitration shall be brought arising out of this agreement, against the City
unless a claim has fIrst been presented in writing and filed with the City and acted upon
by the City in accordance with the procedures set forth in Chapter 1.34 ofthe Chula Vista
Municipal Code, as same may from time to time be amended, the provisions of which are
incorporated by this reference as if fully set forth herein, and such policies and
procedures used by the City in the implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City for the
purpose of resolving any dispute over the terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that the
prevailing party shall be entitled to a judgment against the other for an amount equal to
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reasonable attorney's fees and court costs incurred. The "prevailing party" shall be
deemed to be the party who is awarded substantially the relief sought.
16. Statement of Costs
In the event that' Consultant prepares a report or document, or partICIpates in the
preparation of a report or document in performing the Defined Services, Consultant shall
include, or cause the inclusion of, in said report or document, a statement of the numbers
and cost in dollar amounts of all contracts and subcontracts relating to the preparation of
the report or document.
1 7. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have no authority
to act as City's agent to blnd City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 15 is marked, the Consultant and/or their
principals is/are licensed with the State of California or some other state as a licensed real
estate broker or salesperson. Otherwise, Consultant represents that neither Consultant,
nor their principals are licensed real estate brokers or salespersons.
C. Notices
All notices, demands or requests provided for or permitted to be given pursuant to
this Agreement must be in writing. All notices, demands and requests to be sent to any
party shall be deemed to have been properly given or served if personally served or
deposited in the United States mail, addressed to such party, postage prepaid, registered
or certified, with return receipt requested, at the addresses identified herein as the places
of business for each of the designated parties
D. Entire Agreement
This Agreement, together with any other written document referred to or
contemplated herein, embody the entire Agreement and understanding between the
parties relatlng to the subject matter hereof. Neither this Agreement nor any provision
hereof may be amended, modified, waived or discharged except by an instrument in
writing executed by the party against which enforcement of such amendment, waiver or
discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the other party that
it has legal authority and capacity and direction from its principal to enter into this
4-49
'"\Art'ml1:')'IELI$AIANIMAL. CARE FAC1L1TY\Dr. Jiannut%i A.[I:l"eellleru_6.5..i)S 0.".; 14
Agreement, and that all resolutions or other actions have been ta.\cen so as to enable it to
enter into this Agreement.
F. Governing Law/Venue
Thjs Agreement shall be governed by and construed in accordance with the laws of
tile State or California. Any action arising under or relating to this Agreement shall be
brought only in the federal or state courts located in San Diego COlmty, State of
California, and if applicable, the City of Chula Vista, or as close thereto as possible.
Venue for this Agreement, and performance hereunder, shall be the City ofChu]a Vista.
(End of page. Next page is signature page.)
4-50
J ,AttUI11<,:<IEUSA\ANIMA!.. CARE FAClL.ITY'.Or_ Jiollmu.::;:i Aj,lre<:Il,..m_l>-5-I\S <l<.>c 1 ')
Parties and Recital Pagels)
Agreement between
City ofChu]a Vista
and
Dr. Kendra A. Jiannuzzi, DVM
for Veterinarian Care at the Chula Vista Animal Care Facility
IN WITNESS WHEREOF, City and Consultant have executed this Agreement
thereby indicating that they have read and Lmderstood same, and indicate their full and
complete consent to its terms:
Dated:
CityofChula Vista
By:
David R. Garcia, City Manager
Attest:
Donna Norris, Interim City Clerk
Approved as to fonll:
City Attomey
Dated:
~/s/og
Dr. Kendra A. Jiannuzzi, DVM
/1 ~ ~ W"--
Dr. Kendra A. Jiannuz ,DVM
Exhibit List to Agreement
(X) Exhibit A.
(Xl Agreement between the City and Dr. Jiannuzzi dated February 7, 2008
J Al\"nl~Y EU5,\ .\Nl:>.tAl..("AkE FA('1UTY Dr Ja.,"":L.li .....t,:r='ldlt.....~.II11 J.,~ 16
4-51
Exhibit A
to
Agreement between
City of Chula Vista
a.'1d
Dr. Kendra A. Jiannuzzi, DVi\iI
for Veterinarian Care at the Chula Vista Animal Care Facilitv
.
I. Effective Date of Agreement:
2. City-Related Entity:
(X) City ofChula Vista, a municipal chartered corporation of the State ofCalifomia
) Redevelopment Agency of the City of Chula Vista, a political Sl.lbdivision of the
State ofCalifomia
) Industrial Development Authority of the City of Chula ViSta, a
) Other:
form]
, a [insert business
(City)
3. Place of Business for City:
Ctty of Chula Vista
276 Fourth Avenue
Chula Vista, CA91910
4. Consultant:
Dr. Kendra A. Jiannuzzi, DVM
PO. Box 3122
Ramona, CA 92065
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
4-52
J.",Al:l,",<%=l.ISA'<At'iiMA[.C'A.!<.: FACll.IT"i\Or Ji;m~lIdA~..ee'I>e'1f_('I.5.0S ciuc 17
6. Place of Business, Telephone and Fax Number of Consultant:
\ 543 Weekend Villa Road
Ramona, CA 92065
Voice Phone: (760) 788-\061
Fax: (760)
7. General Duties: Veterinarian care at the Chula Vista Animal Care Facility
8. Scope of Work and Schedule:
A. Detailed Scope of'vVork:
Consultant's services shall include, but are not limited to the following:'
(1) Consultant shall perform daily rounds for entire kennel to check for any signs
of disease.
(2) Consultant shall isolate and medicate all sick animals.
(3) Consultant shall perform daily treatment for all sick and injured animals.
(4) Consultant shall revise current medical protocols and procedures.
(5) Consultant shall perform medical procedures using sedation and anesthesia.
(6) Consultant shall supervise other assigned medical staff at the Facility.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No.1: Ongoing
D. Date for completion of all Consultant services:
The term of this Agreement is one year. However, the Parties can agree to extend
the term of this Agreement for an additional three one-year terms upon written approval
by the City Manager for each successive term. Consultant agrees to give the City ninety-
days (90) written notice prior to the expiration of the initial term, or any successive terms,
of her intent to terminate this Agreement. In addition, once Consultant agrees to put her
veterinary license on the Veterinary Premise Permit, Consultant agrees to give the City
ninety-days (90) written notice of her intent to withdraw her veterinary license on the
4-53
J '.A((\",~SU::;"\AI'lIMAL. CARE F....C'ILlTy\Dr Jiu~rw1:Zi "'~m"\lt_o-~-Cl! ~'< 18
Veterinary Premise Permit. If the t= of tills Agreemeut 15 not extended, it shall
terminate on June 30, 2009.
9. Materials Required to be Supplied by City to Consultant:
10. Compensation:
A ( ) Single Fixed Fee Arrangement.
For performance of all of the Defined Senrices by Consultant as herein required, City
shall pay a single fixed fee in the amounts and at the times or milestones or for the
Deliverables set forth below:
Single Fixed Fee Amount:
, payable as follows:
Milestone or Event or Deliverable
Amount or Percent of Fixed Fee
( ) l. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a percentage of
completion basis for each given phase such that, at the end of each phase only
the compensation for that phase has been paid. Any payments made hereunder
shall be considered as interest free loans that must be returned to the City if
the Phase is not satisfactorily completed. If the Phase is satisfactorily
completed, the City shall receive credit against the compensation due for that
phase. The retention amoLlnt or percentage set forth in Paragraph 19 is to be
applied to each interim payment sLlch that, at the end of the phase, the fL111
retention has been held back from the compensation due for that phase.
Percentage of completlon of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the
City, or suer. other person as the City Manager shall designate, but only upon
such proof demanded by the City that has been provided, but in no event shall
such interim advance payment be made unless the Contractor shall have
represented in writing that said percentage of completion of the phase has
been performed by the Contractor. The practice of making interim monthly
advances shall not convert this agreement to a time and materials basis of
payment.
B. ( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined Services by Consultant
as are separately identified below, City shall pay the fixed fee associated with each phase
of Services, in the amounts and at t':1e times or milestones or Deliverables set forth.
Consultant shall not commence Services under any Phase, and shall not be entitled to t.~e
compensation for a Phase, lmless City shall have issued a notice to proceed to Consultant
as to said Phase.
4-54
J ,.~u~~-:,~ELlSA\....Nlf\.IAL (ARE FAC'lUTY,Or J;anl,,,ci ....S'.o:e,,'<:!l(_(..5-l1H due 19
Phase
1.
Fee for Said Phase
$
$
$
2.
"
.),
( ) 1. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a percentage of
completion basis for each given phase such that, at the end of each phase only
the compensation for that phase has been paid. Any payments made hereunder
shall be considered as interest free loans that must be returned to the City if
the Phase is not satisfactorily completed. If the Phase is satisfactorily
completed, the City shall receive credit against the compensation due for that
phase. The retention amount or percentage set forth in Paragraph 19 is to be
applied to each interim payment such that, at the end of the phase, the full
retention has been held back from the compensation due for that phase.
Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the
City, or such other person as the City Manager shall designate, but only upon
such proof demanded by the City that has been provided, but in no event shall
such interim advance payment be made unless the Contractor shall have
represented in writing that said percentage of completion of the phase has
been performed by the Contractor. The practice of making interim monthly
advances shall not convel1 this agreement to a time and materials basis of
payment.
c. (X) Daily Rate Arrangement
For perfonnance ofthe Defined Services by Consultant as herein required, City shall
pay Consultant per day or per half day, a minimum of three days per week of time spent
by Consultant in the performance of said Services, at the rates or amounts set forth in the
Rate Schedule herein below according to the following terms and conditions:
(1) ( ) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in
excess of said Maximum Compensation amount, Consultant agrees that
Consultant will perform all of the Defined Services herein required of Consultant
for $ including all Materials, and other
"reimbursables" (Maximum Compensation).
(2) (X)Lirnitation without Further Authorization on Time and Materials
Arrangement
I' -, ",4-55
'Atwll1..ylo:.USA\ANUvIAl. (AR.E FAC'IL.rTY\Dr JI;mnUUI A"lll"1l1enl_Cl.~.Og lll,'l; 20
At such time as Consultant shall have incurred time and materials equal to
$144,000 (Authorization Limit), Consultant shall not be entitled to any additional
compensation without furt.her authorization issued in writing and approved by Lhe
City. NoLi1ing herein shall preclude Consultant from providing additional Services
at Consultant's own cost and expense.
Rate Schedule
Category of Employee
Name of Consultant
Dr. Kendra A. Ji&Jllllzzi
Dr. Kendra A. Jiannuzzi
Hourly Rate
$ 500.00 for an 8-hour
day without Veterinary
Premise Permit
Half-Dav Rate:
$300.00 for 4 hOllrs/
day
$600.00 for an 8-hour
day with Veteri.narv
Premise Perrnit
Dr. Kendra A. Jiannuzzi
) Hourly rates may increase by 6% for services rendered after [month], 20_,
if delay in providing services is caused by City.
11. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the performance of
servLces herein required, City shall pay Consultant at the rates or amounts set forth
below:
(X)None, the compensation lncludes all costs.
Cost or Rate
$
$
$
$
$
$
exceed $
() Reports, not to exceed $
() Copies, not to exceed $
() Travel. not to exceed $
() Printing, not to exceed $
() Postage, not to exceed $
() Delivery, not to exceed $
() Long Distance Telephone Charges, not to
$
() Other Actual Identifiable Direct Costs:
, not to exceed $
, not to exceed $
$
$
$
) 'Anu"''''f.eLlSAI....NIo\lIAl. CARE FAC"lL.;,Y'.Cl~. j",n~lI.::::ti ).,F"'m:l,,_e:.~.rlS:.k.g215 6
12. Contract Administrators:
City: Jack Griffin
Director of General Services
Consultant:
Dr. Kendra A. Jla."1lluzzi, DVM
13. Liquidated Damages Rate:
( ) $
( ) Other:
per day.
14. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of
Interest Code:
(X) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
( ) Category No.1. Investments and sources of income.
( ) Category No.2. Interests in real property.
( ) Category No.3. Investments, interest in real property and sources of income
subject to the regulatory, permit or licensing authority of the department.
( ) Category No.4. Investments in business' entities and sources of income that
engage in land development, construction or the acquisition or sale of real
property.
( ) Category No.5. Investments in business entities and sources of income of the
type which, within the past two years, have contracted with the City of Chula
Vista (Redevelopment Agency) to provide services, supplies, materials,
machinery or equipment.
) Category No.6. Investments in business entities and sources of income of the
type which, within the past two years, have contracted with the designated
employee's department to provide services, supplies, materials, machinery or
equipment.
( ) Category No.7. Business positions.
) List "Consultant Associates" interests in real property within 2 radial miles of
Project Property, if any:
J,.AII\'m:y"=Ll5AV,NI.\<lAI.. CAR~ rACiLlTY\Dr Ji.!mwni A!....=rl!1;nl_!)-~.llS W.~22 57
15. ( ) Consultant is Real Estate Broker and/or Salesman
16. Permitted Subconsultants:
17. Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
( ) Monthly
( ) Quarterly
(X) Other: Bi-weeklv
B. Day of the Period for submission of Consultant's Billing:
(X) First ofthe Month
(X) 15th Day of each Month
( ) End ofthe Month
( ) Other:
C. City's Account Number: 10821-6301
18. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
( ) Retention. If this space is checked, then notwithstanding other provisions to the
contrary requiring the payment of compensation to the Consultant sooner, the City
shall be entitied to relain, at their option, either the folloVoing "Retention
Percentage" or "Retention lunount" until the City determines that the Retention
Release Event, lisled below, has occurred:
l"All1.lnl~y'.E.L1SA'.ANIMAL CARE FACI'~,Y\Or Jian""ai ....iJ~'"O:'!( b_~.mtdl.'(;4?~ 58
- _.J
) Retention Percentage:
) Retention Amount: $
%
Retention Release Event:
( ) Completion of All Consultant Services
( ) Other: .
4-59.
J 'Ar,,,,,,o:y'lEl..J$.J,IANIMAL CARE FACILrTY\Dr. Ji;mnuai A~O:"'ltur_e>.~~"J8 <h.'1; 24
RESOLUTION NO. 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA At\1ENDlNG THE FISC.A.L YEAR 2007/2008
BUDGET BY TRANSFERRING $142,800 FROM
UNANTICIPATED ANIMAL C.ARE FACILITY PERSONNEL
SALARY SAVINGS TO SERVICES AND SUPPLIES FOR
CONTRi\CTUAL VETERINARIAN SERVICES
WHEREAS, Dr. Dorothy York, DVM, the Animal Control Manager at the City's Animal
Care Facility ("Facility"), left City service on December 29, 2007; and
WHEREAS, the State of California requires all municipal animal shelters to retain a
Veterinary Premise Permit; and
WHEREAS, the State Veterinarian Board has indicated that many municipalities have
elected to contract these services out in order to comply with the State regulations; and
WHEREAS, the City currently has agreements with Dr Bischel, DVM for provision of a
Veterinary Premise Permit and veterinary services and with Dr. Jiannuzzi, DVM for on-site
veterinary services at the Chula Vista Animal Care Facility; and
WHEREAS, a transfer of $142,800 from salary saving associated with vacancies at the
Animal Care Facility is required to pay for veterinarian expenses to be incurred between
December 28, 2007 and June 30,2008, for the 2007/2008 Fiscal Year.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Chula Vista
that it amends the Fiscal Year 2007/2008 budget by transferring $142,800 from unanticipated
Animal Care Facility Personnel salary savings to Services and Supplies for contractual
veterinarian services.
Presented by:
Approved as to form by:
:.~/;rA;~ ~
v {/
City Attorney
Jack Griffin
Director of Public Works
H ',ENGINEE:i1:\RESOS\Rc-sos2\Kl&\nb.\O.()8\V~ lfotllsfe:- fuods ",vis(d tly C'C ci,'c
4-60
CITY COUNCIL
AGENDA STATEMENT
~\~ eln' OF
~CHULA VISTA
6/17/08, Item~
ITEM TITLE:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE GRANT OF EASEMENTS AND
MAINTENANCE AGREEMENT FOR AUTO PARK NORTH
<'
TENTATIVE PARCEL MAP 03-0'
sr
4/STHS VOTE: YES 0 NO [g]
SUBMITTED BY:
REVIEWED BY:
CITY MANAGER
ASSIST ANT CITY
SUMMARY
The proposed action would allow and obligate the Chula Vista Auto Park Association, a California
nonprofit mutual benefit corporation ("Association") to perpetually maintain the landscape and
hardscape within the right-of-way for this commercial development project known as Auto Park
North.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for compliance with
the California Environmental Quality Act (CEQA) and has determined that the activity is not a
"Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to
Section 15060(c)(2) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no
environmental review is necessary.
RECOMMENDATION
Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
Auto Park North project consists of eleven parcels per Final Parcel Map No. 19306 and has been
developed as part of a planned commercial development.
Condition # 24 of Tentative Parcel Map 03-03 CTPM") and Section 7 of Supplemental Parcel
Map Improvement Agreement for the project, recorded on August 26, 2003 ("Supplemental
5-1
,-
6/17/08, Item --'
Page 2 of2
Agreement"), requires the Developer, or its Successor in Interest, to enter into a Grant of
Easements and Maintenance Agreement with the City for the purpose of maintaining, repairing,
and replacing certain project landscaping, irrigation and hardscape improvements within the
public right-of-way. The Association is the Developer's Successor in Interest and, therefore
subject to the obligations of Condition #24 of the TPM and Section 7 of the Supplemental
Agreement.
In satisfaction of those conditions, the proposed Grant of Easements and Maintenance
Agreement for Auto Park North Tentative Parcel Map 03-03 establishes specific obligations and
responsibilities regarding the maintenance of certain public improvements located along the
public parkways within the City's right-of-way. It furthermore requires the maintenance of
enhanced paving. The Grant of Easements and Maintenance Agreement for Auto Park North
Tentative Parcel Map 03-03 is attached herewith as Exhibit "A".
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property holdings
within 500 feet of the boundaries of the property, which is the subject of this action.
FISCAL IMPACT
There is no impact to the General Fund. The Association has paid all fees and other costs
associated with the proposed agreement.
A TT ACHMENTS
Attachment I
Attachment 2
Chula Vista Auto Park North Vicinity Map
Developer's Disclosure Statement
Exhibit A
Grant of Easements and Maintenance Agreement for Auto Park North Tentative
Parcel Map 03-03
Prepared by: Boushra Salem, Senior Civil Engineer, Engineering Department
J:\Engineer\AGENDA\CAS2008\07-08-08\EP-274 AlIto Park Grant oj Easements.doc
5-2
A IT ACHMENT II
b_.___ .c r~, .-4
CHULA VISTA AUTO PARK NORTH
- -or' ----------------- 1
\"'''\ j I
\ " _,;<;<:f\-~!;j I j
\ 'olv 'It _____ ,".I
\- \ ____-\;:1-/0 .___.~~.;
>--' - ---.-.----.
-~...-\ \-: D . . .. '
...... , r ':l "r" ,..".... '
;.4~~ \\ \\:, r I , ~/CoC I, .0 il ~ .1,,""
C~) ~ \~ t~-~v~\ '\..--.--. ...
1\-- If'" \ \ A\'[ ,
.-;:&i-:-~f --:~. ~- \ ---
'. AF' ~7?! ~ \\
'" ";:{i-~f'------~t'!:. (:O~~ 'i\\
-~ I~ ~JAUTO PARK.......... .;:.~. ";.':':'3
. " ~1 '. PlACE ,"--, --q '-0 PAI'~
I . I . L -_-1?:t~;l;r~y,tNUE
\ MArl!, s,/~r.:'-I ::In....''...~
- "'" ~+=~",a ~ICI:IT~~1AP
NOT TO .sC.~LE
-----------.-.-------------.
5-3
f\iIAtHMEJJT
d-
City of Chula Vista Disclosure Statement
Pursuant to Council Policy 101-0 I, prior to any action upon matters that will require discretionary action by the
Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain
ownership or tinancial interests, payments, or campaign contributions for a City ofChula Vista election must be
tiled. The following information must be disclosed:
I. list the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, m:1terial supplier.
,
--"'<J
if; /L/,~ ~.;&
2. If any person' identilied pursuant to (1) above is a corporation or partnership, list the names of all
individuals with a $2000 investment in the business (corporation/partnership) entity.
#4-
3. Tfany person' identilied pursuant to (I) above is a non-prolit organization or tl1.lst, list the names ot'any
person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust.
~ tf/-
IV
4. Please identify every person, including any agents, employees, consultants, or independent contractors
you IU1Ve assigned to represent you before the City in this matter.
}/ tJM~--=-
5. Has any person* associated with this contract had any financial dealings with an official** of the City of
Chula Vista as it relates to this contract within the past 12 months. Ycs_ NO-A-
5-4
City of Chula Vista Disclosure Statement
[f Yes, briefly describe the nature of the financial interest the official*' may have in this contract.
6. Have you made a contributcon afmare than $250 wcthin the past twelve (12) manths to a current member
of the Chula Vista City Council? Na f Yes _ If yes, which Cauncil member')
7.
Have you provided more than 5340 (ar an ctem of equivalent value) to an official** afthe City afChula
Vista in the past twelve (12) months? (This includes being a source of income, money to retire n legal
debt, gift, loan, etc.) Yes _ No ~
[[Yes, which official** and what was the nature of item provided?
Date:
tf-4' ("pI
*
Person is defined as: any individual, firm, co-partllership,jointventure, association, social club, fratemal
organization, corporation, estate, tmst, receiver, syndicate, any other county, city, municipality, clistl;ct, or
other political subdivision, -or any other group or combination acting as a unit.
**
Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member ofa
board, commission. or committee of the City, employee, or staff members.
J:\AllonJ<:y\forms\disclusure ,lalemelll 3-6-03
5-5
RESOLUTION NO. 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE GRANT OF EASEMENTS
AND MAINTENANCE AGREEMENTS FOR AUTO PARK
NORTH TENTATIVE PARCEL MAP 03-03 (DEDICATED
EASEMENT)
WHEREAS, Auto Park North has been developed as part of a planned commercial
development and is subject to the conditions of Tentative Parcel Map 03-03 ("TPM"); and
WHEREAS, Knowlton Realty Advisors, LLC ("Knowlton") and the City entered into a
Supplemental Parcel Map Improvement Agreement, which was recorded on August 26,2003 (the
"Agreemenf'); and
WHEREAS, Condition No. 24 of the TPM and Section 7 of the Agreement require the
developer, or its successor-in-interest, to enter into a Grant of Easements and Maintenance
Agreement to establish responsibility for maintaining, repairing and replacing certain project
landscaping, irrigation and hardscape improvements within the public right-of-way; and
WHEREAS, Chula Vista Auto Park Association (the "Association") is the successor-in-
interest to Knowlton and, as such, is obligated under the TPM and the Agreement; and
WHEREAS, in order to satisfy those obligations, the Association and the City desire to enter
into the "Grant of Easements and Maintenance Agreement for Auto Park North Tentative Parcel
Map 03-03 (Dedicated Easement)," a copy of which is on file in the office of the City Clerk, (the
"Maintenance Agreement"); and
WHEREAS, the Maintenance Agreement establishes specific obligations and responsibilities
regarding the maintenance of certain public improvements located along the public parkways within
the City's right-of-way and requires the maintenance of enhanced paving.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City ofChula Vista does
hereby approve the "Grant of Easements and Maintenance Agreement for Auto Park North Tentative
Parcel Map 03-03 (Dedicated Easement)," which is on file in the office of the City Clerk.
Presented by:
Approved as to form by:
Richard A. Hopkins
Director of Engineering
. r1..f~ d
\'..--!:lLo~ t'- /L~/CJ' l-n'\.
Bart Miesfe d 1/
Interim City Attorney
H:\ENGINEERIRESOS\Resos2008\06-17-08\GE;..1A ror Auto Park North revised by jdsm.doc
5-6
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
~Lo~.lL \j;~h,--
Bart C. Miesfeld {/
Interim City Attorney
Dated:
6//((og
, 1
Grant of Easements and Maintenance
Agreement for Auto Park North
Tentative Parcel Map 03-03
(Dedicated Easement)
5-7
EXHIBIT P Ai'
Recording Requested by and
Please Return to:
City Clerk
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
This Instrument Benefits City Only.
No Fee Required.
Or Recorder's Use Only
C.V. File No.: EP-274
GR.\1'1T OF EASE1VJ:Ej''iTS At"'D MAINTENA1'\'CE
AGREEMENT FOR AUTO PARK NORTH
TENTATIVE PARCEL MAP 03-03
(DEDICATED EASEMENT)
This GRANT OF EASEMENTS,AND MAINTENANCE AGREEMENT ("Agreement") is
made as of this day of ,2008, by and between the CITY OF CHULA VISTA, a
municipal corporation ("City"), and CHULA VISTA AUTO PARK ASSOCiATION, a California
nonprofit mutual benefit corporation ("Association").
RECITALS
A. WHEREAS, This Agreement concerns and affects certain real property located in Chula .
Vista, California, more particularly described in Exhibit "A", attached hereto and incorporated herein by
reference ("Property"). The Property has been developed as part of a planned commercial development
project commonly known as Auto Park North.
B. WHEREAS, The Property is covered by the certain Parcel Map No. 19306 (the "Parcel
Map") described Exhibit "A", attached hereto and referenced in the title to this Agreement.
C. WlJEREAS, Condition # 24 of Tentative Parcel Map 03-03 ("TPM"), required the
Developer, or its Successor in mterest, to enter into a Grant of Easements and Maintenance Agreement
with the City for the maintenance of Landscaping and Irrigation within the public right-of-ways; and
D. WHEREAS, Section 7 of Supplemental Parcel Map Improvement Agreement for Auto
Park North, recorded on August 26, 2003 ("Supplemental Agreement"), reiterated the Developer's and its
Successor in Interest's obligation to enter into a Grant of Easements and Maintenance Agreement with the
City for the maintenance of Landscaping and Irrigation within the public right-of-ways; and
E. WHEREAS, The Association is the Developer's Successor in Interest and subject to the
obligations of Condition #24 of the TPM and Section 7 of the Supplemental Agreement; and
f. WHEREAS, Exhibit "B" describes and Exhibit "B-1" depicts, both attached hereto,
those particular areas, which were dedicated to the public on the Parcel Map and include landscaping and
Page I of 12
5-8
other improvements to be maintained by the Association. The public areas to be maintained by the
Association are collectively referred to as the CAssociation Maintained Public Areas").
G. . WHEREAS, In accordance with Condition 24 of the TPM and Section 7 of the
Supplemental Agreement, the Association would like to enter into a Grant of Easements and Maintenance
Agreement with the City for the maintenance of Landscaping and Irrigation within the public right-of-
ways, so the association may satisfy its obligations with respect to the Association Maintained Public
Areas.
H. WHEREAS, The City desires to allow the Association to satisfy its obligations by
granting to the Association easements for landscape maintenance purposes upon, over and across the
Association Maintained Public Areas, as shown on Exhibit "B", subject to the terrns and conditions set
forth below; and
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parnes
agree as set forth below.
I. G rant of Easements The City hereby grants to the Association and its agents, successors
and assigns, non-exclusive easements and right-of-ways over and across tbe Association
Maintained Public Areas for the purpose of maintaining, repairing and replacing landscape
and hardscape improvements located thereon. These grants are made without any warranties
of any kind, express or implied, other than the warranty stated in Paragraph 14(1) below.
2. Maintenance Oblil<ations.
(a) Maintenance. The Association hereby covenants and agrees, at its sole cost and
expense, to maintain, repair and replace, or cause to be maintained, repaired or
replaced, those improvements within the Association Maintained Public Areas, which
are described on Exhibit "C", attached hereto, at a level equal to or better than the
level of maintenance satisfactory to the Director of Public Works Operations, at
his/her discretion, and equivalent to City or Community Facilities District maintained
right-of-way facilities. For purposes of this Agreement, the term "Maintenancell or
"Maintain" shall mean the maintenance, repair and replacement obligations described
herein and on Exhibit "e", attached hereto.
(b) Damage to City Property. Any damage to City owned property, as described in
Exhibit "C", that arises out of, is related to, or occurs during the perforrnance ofthe
maintenance obligations under this Agreement shall be repaired or replaced to the
satisfaction of the City at the sole cost of the Association and no expense to the City.
(c) Release. The Association shall not seek to be released by the City from the
maintenance obligation of this Agreement, without the prior consent of City and one
hundred percent (100%) ofthe holders of first mortgages or owners ofthe Property.
3. Association Insurance. The Association hereby agrees to procure and forrnally resolve to
maintain, at Its sole cOst and expense, commencing no later than the date the Landscape
Architect of record has submitted a letter of substantial conformance pertaining to the work
being completed within the Association Public Area to the Engineering & General Services
Director or his designee, who has deemed the work completed and satisfactory, a policy of
public liability insurance that would include, but not limited to the following:
Page 2 of 12
5-9
(a) "General Liability Insurance." The Association shall obtain comprehensive
general liability insurance policies insuring the Association and the Owners against
liability incident to ownership or use of the Association Property. The limits of such
insurance shall not be less than $1 Million "Per Occurrence" and "$2 Million
Aggregate" covering all claims for death, personal injury and property damage
arising out of a single occurrence. The insurer issuing such insurance shall have
rating by A.M. Best of "A, Class V" or better with no modified occurrences and as
admitted by Best's Insurance Guide. Such insurance shall include the following
additional provisions provided they are available on a commercially reasonable basis:
1. The City of Chula Vista shall be endorsed as an additional insured to such
general liability insurance pursuant to the City's requirements the
Association do so; Association's endorsement will be designated as primary.
ii. The policy shall not contain a cross-suit exclusion clause which would
abrogate coverage should litigation ensue between insureds;
1I1. The policy shall contain the following severability clause (or language which
is substantially the same): "The coverage shall apply separately to each
insured except with respect to the limits of liability."
IV. The foregoing provision may not be amended without the written consent of
the City Engineering & General Services Department and City Attorney."
v. Except as provided for under California law, the policy cannot be canceled,
non-renewed or materially changed except after thirty (30) Calendar Days
prior written notice by Association to the City by certified mail, as reflected
in an endorsement which shall be submitted to the City, except for non-
payment of premium, in which case ten (l0) Calendar Days notice shall be
provided.
A. The words "will endeavor" and "but failure to mail such notice shall
impose no obligation or liability of any kind upon the company, its
agents, or representatives" shall be deleted from all certificates.
In reliance upon Association's statements that 1) Association has no employees, 2)
Association will subcontract all work subject of Agreement, 3) Association will require
its subcontractors designate "City of Chula Vista" a Liability Additional Insured to
subcontractors' Liability Insurance policies on a Primary basis, City waives its standard
requirements as to Association with respect to Workers Compensation Insurance and
Auto Liability Insurance.
(b) Certificates. The Association shall provide the City with a Certiticate of Insurance
upon acceptance of the transfer of the Maintenance obligations herein.
(e) DeductibleslSelflnsured Retentions. All deductibles and self-insurance retentions on
any policy shall be the responsibility of Association. Deductibles and self-insurance
retentions shall be disclosed to the City at the time the evidence of insurance is
provided.
Page 3 of 12
$-10
(d) Policy Changes. Association shall not modify any policy or endorsement thereto
which increases the City's exposure to loss for the duration of this Agreement.
(e) Not a Limitation afOther Obligations. Insurance provisions under this section shall
not be construed to limit the Association's obligations under this Agreement,
including Indemnity.
4. Indemnitv bv the Association. The Association shall defend, indemnify, and hold harmless
the City, its officers, agents and employees, from any and all actions, suits, claims, damages
to persons or property, costs including attorney's fees, penalties, obligations, errors,
omissiorrs, demands, liability, or loss of any sort (herein "claims or liabilities"), that may be
asserted or claimed by any person, firm, or errtity because of or arising out of or in connection
with the use, maintenance, or repair of the Association Maintained Public AIeas by The
Association, its agent, employees, successors, assigns, members, or contractors, excepting
any sole negligence or sole willful misconduct on the part of City, its officers, employees,
and agents. This indemnity may not be amended without the written consent of the City
Director of Engineering and City Attorney.
(a) Enforcement Costs. Owner agrees to pay any and all costs the City incurs to enforce
the indemnity arrd defense provisions set forth in this Section, including reasonable
attorneys' fees.
5. A~reement Bindin~ Upon Anv Successive Parties. This Agreement shall inure to the
benefit of the successors, assigns and interests of the parties as to any or all of the Property.
6. AHeement Runs With the Land. The burden of the covenants contained in this Agreement
is for the benefit of the Property and the City, its successors and assigns; and any successor-
in-interest thereto. The City is deemed the beneficiary of such covenants for and in its own
right and for the purposes of protecting the interest of the community and other parties, public
or private, in whose favor and for whose benefit such covenants running with the land have
been provided, without regard to whether the City has been, remained or are owners of arry
particular land or interest therein. If such covenants are breached, the City shall have the right
to exercise all rights and remedies arrd to maintain any actions or suits at law or in equity or
other proper proceedings to enforce the curing of such breach to which it or any other
beneficiaries of this Agreement and the covenants may be entitled.
7. Remedies. It is understood, agreed and acknowledged by the Association that upon failure of
the Association to perform the Maintenance Obligations in the manner specified by this
Agreement, the City may, but is not required to do any ofthe following:
(a) City Maintenance. Maintain, replace, or repair said improvements within the
Association Maintained Public Areas by contract or otherwise, and permission is
hereby granted to the City or its contractors and contractor's employees to enter upon
any portion or portions of Association maintained property reasonably necessary for
said construction, and the entire cost and expense of said maintenance shall be
charged against Property and said cost and expense shall be payable by the
Association or its Successors in Interest, immediately upon completion of said
maintenance, and in the event the same is not paid within thirty (30) days, the City be
entitled to pursue any remedy available at 'law or equity.
Page 4 of 12
5-11
8. No Limitation on Remedies. Nothing in this Agreement, including the Remedies identified
in section 9, shall constitute a limitation on the remedies provided at law or equity.
9. Costs. Any costs associated with enforcing the tenns and conditions of this Agreement,
including attorneys' fees, shall be chargeable to the Property and payable by the Property
Owner of his/her Successors in Interest.
10. Governin!! Law. This Agreement shall be governed and construed in accordance with the
laws of the State of California.
11. Effective Date. The terms and conditions of this Agreement shall be effective as of the date
this Agreement is recorded in the Official Records of the San Diego County Recorder's
Office.
12. Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall be original and all of which shall constitute one and the same document.
13. Recordin!!. The parties shall cause this Agreement to be recorded in the Official Records of
the San Diego County Recorder's Office within thirty (30) days after this Agreement has been
approved by the City Council.
14. Miscellaneous Provisions.
(a) Notices. Unless otherwise provided in this Agreement or by law, any and all notices
required or permitted by this Agreement or by law to be served on or delivered to
either party shall be in writing and shall be deemed duly served, delivered and
received when personally delivered to the party to whom it is directed or, in lieu
thereof, when three (3) business days have elapsed following deposit in the United
States mail, certified or registered mail, return receipt requested, first-class postage
prepaid, addressed to the address indicated in this Agreement. A party may change
such address for the purpose of this Paragraph by giving written notice of such
change to the other party.
If To City:
CITY OF CHULA VISTA
Department of Engineering
276 Fourth Avenue
Chula Vista, CA 91910
Attn: City Engineer
IfTo ASSOCIATION:
CHULA VISTA AUTO PARK. ASSOCIATION'
1445 Canterbury Drive, Suite 200
Salt Lake City, UT 84108
Attn: Hooper Knowlton
Tel: (801) 582-5347
And
Page 5 of 12
~5-1 2
CHULA VISTA AUTO PARK ASSOCIATION
C/O SOUTH BAY MOTOR SPORTS
1890 Auto Park Place
Chula Vista, CA 91911
Ann: Hal Brown
Tel: (619) 619-420-2300
(b) Caplions. Captions in this Agreement are inserted for convenience of reference and
do not define, describe or limit the scope or intent of this Agreement or any of its
terms
(c) Emire Agreemenl. This Agreement, together with any other wrinen document
referred to herein, embody the entire agreement and understanding between the
parties regarding the subject maner hereof, and any and all prior or contemporaneous
oral or wrinen representations, agreements, understandings and/or statements shall be
of no force and effect. This Agreement is not intended to supersede or amend any
other agreement between the parties unless expressly noted.
(d) Recilats; Exhibils. Any recitals set forth above and any anached exhibits are
incorporated by reference into this Agreement.
(e) Compliance Wilh Laws. In the performance of its obligations under this
Agreement, DEVELOPER, its agents and employees, shall comply with any and all
applicable federal, state and local rules, regulations, ordinances, policies, permits and
approvals.
(I) AUlhority of Signalories. Each signatory and party hereto hereby warrants and
represents to the other party that it has legal authority and capacity and direction from
its principal to enter into this Agreement, and that all resolutions and/or other actions
have been taken so as to enable said signatory to enter into this Agreement.
(g) Modification. This Agreement may not be modified, terminated or rescinded, in
whole or in part, except by written instrument duly executed and acknowledged by
the parties hereto, their successors or assigns, and duly recorded in the Official
Records of the San Diego County Recorder's Office.
(h) Severability. If any term, covenant or condition of this Agreement or the application
thereof to any person or circumstance shall, to any extent, be invalid or
unenforceable, the remainder of this Agreement, or the application of such term,
covenant or condition to person or circumstance, shall not be affected thereby and
each term, covenant or condition shall be valid and be enforced to the fullest extent
permitted by law.
(i) Preparation of Agreement. No inference, assumption or presumption shall be
drawn from the fact that a party or its attorney prepared and/or drafted this
Agreement. It shall be conclusively presumed that both parties participated equally
in the preparation and/or drafting of this Agreement.
(End of Page, Next Page is Signature Page)
Pa~e 6 of 12
0-13
SIGNATURE PAGE TO
GRk"'T OF EASEMENTS AND MAINTENANCE AGREEMENT
FOR AUTO PARK NORTH
TENTATIVE PARCEL MAP 03-03
(DEDICATED EASEMENT)
IN WITNESS WHEREOF, City and the Association have executed this Agreement thereby
indicating that they have read and understood same, and indicate their full and complete consent
to its terms:
Dated:
, 2008
City of Chula Vista
by:
Cheryl Cox, City Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
Ann Moore, City Attorney
Chula Vista Auto Park Association
J:\.Engineer\PER/vtITS\EP-TPM and Parcel Maps\EP274 Auto Park North- CELN/A-Revised 5-19-08.doc
Page 7 of 12
5-14
ACKNOWLEDGMENT
(Corporate)
STATE OF UTAH
: 55.
COUNTY OF SALT LAKE
On the S ~ day of JitV) e. ,2008, before me personally appeared
Hooper Knowlton to me personally known to be the President of Chula Vista Auto Park
Association, the corporation that executed the within instrument, known to me to be the
persons who executed the within instrument on behalf of said corporation therein named,
and acknowledged to me that such corporation executed the within instrument pursuant to
its by-laws or a resolution of its board of directors.
:.~J r.=. ,,,,,",, -.. """'" ....... c::::I te::=:I c:;o:::I c:::a ~ au
;j" ..__;::-~.... . Notary Public
~ [JP.-~\ JULIE HATCH I
,Iii \.~o 2733 E,st Parl"", Wey. Suite 300 I
''" ~t~ Sal1lake City, Utnh 84100.1GS2
': ~" ,~ . d My C=miEllion Exp!res I
~ ~.. .,~. March 4, 2012
~ State of Utah .
J..._....-. ___~-==__""""",d
-Jv~.
Notary Public
L:\WP\ASSOC\1Forms\Lease Extension & Modificalion.wpd
June 5, 2008
5
5-15
Lists of Exhibits
Exhibit A.... ............. ..... ............................... ...........................:........... Legal Description of Property
Exhibit B ...............................................,.........................The Association Maintained Public Areas
Exhibit C ............... ............................. ........................ Description of Maintenance Responsibilities
Page 8 of 12
5-16
EXHIBIT "A"
Legal Description of Property
Being Parcels 1 through 11 of Tentative Parcel Map No. 03-03 in the City of Chula Vista,
County of San Diego, State of California, according to Parcel Map thereof No. 19306, filed
in the Office of the County Recorder of San Diego County on August 26, 2003 as File No.
2003-1039780 of Official Records.
Page 9 of 12
5-17
EXHIBIT "B"
The Association Maintained Public Areas
Parcel "A"
Those portions of the public parkways of Auto Park Place and Auto Park A venue as
dedicated to the City of Chula Vista per Parcel Map No. 19306, shown as Parcel "A" on
Exhibit "B-1" attached hereto and made part hereof.
Parcel "B"
Those portions of the 5.5' Tree Planting and Landscaping Easement around Auto Park Place
and Auto Park A venue as dedicated to the City of Chula Vista per P.arcel Map No. 19306,
shown as Parcel "B" on Exhibit "B-1" attached hereto and made part hereof.
Parcel "c"
Those portions of the 5.5' Tree Planting and Landscaping Easement along Main Street as
dedicated to the City of Chula Vista per Final Map No. 11643, shown as Parcel "C" on
Exhibit "B-1" attached hereto and made part hereof.
Parcel "D"
Those portions of public right-of-way of Auto Park Place and Auto Park A venue as dedicated
to the City of Chula Vista per Parcel Map No. 19306, shown as Parcel "D" on Exhibit "B-1"
attached hereto and made part hereof.
PagelOof12
5-18
STREET
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EXHIBIT "B-1"
PAR 2
PAR 3
PAR -4
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PAR 9
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PAR 1
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MAIN
Parcel" A"
Parcel "BOO
Parcel "C"
Parcel "D"
\: _ ~ r:.' J :~, '-;;.. " ' 1.:: I
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Page 11 of 12
5-19
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PAR 8
484,70
PAR 11
5.51
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EXHIBIT "C"
Description of Maintenance Responsibilities
Areas Reference Association
Maintains
1 Parkways around Public Parcels "A" & All landscaping & irrigation improvements located
Roads ( Auto Park Ave & "B" of Exhibit within the public parkways (including street trees
Auto Park Place) ';B" maintenance & trimming) to be maintained and
replaced at a level to or better than the level of
maintenance & replacement acceptable to the
Director of Public Works Operations.
2 Northerly parkways of Parcel "e" of All landscaping & inigation improvements located
Main Street along Exhibit "B" within the public parkways (including street trees
property frontage maintenance & trimming) to be maintained and
replaced at a level to or better than the level of
maintenance & replacement acceptable to the
Director of Public Works Operations.
3 Public right-of-way of Parcel D" of All the enhanced paving (stamped asphalt) at
Auto Park Ave & Auto Exhibit "B" crosswalks located within the public right-ot~way.
Park Place
Page 12 of 12
5-20
"
CITY COUNCIL
AGENDA STATEMENT
~I!f:. ClIT OF
. ~-:: (HULA VISTA
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
I
6/17/08, Item r",
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING BIDS At"ID AWARDING A CONTRACT FOR
THE PURCHASE AND REPLACEMENT OF THE POOL HEATER
AT THE LOMA VERDE RECREATION CENTER TO HORIZON
MECHANICAL IN THE AMOUNT OF $77,145 WHICH WILL BE
FUNDED THROUGH CAPITAL IMPROVEMENT PROJECT
GG202 At"ID REIMBURSED THROUGH THE CALIFORNIA
ENERGY COMMISSION LOAN PROGRAM
DIRECTOR OF ENGINEERING ~
DIRECTOR OF RECREA TION ~
CITY MANAGER
..--
ASSISTANT CIT MANAGER S /
4/STHS VOTE: YES D NO ~
SUMMARY
The situation and working condition of the pool heaters at Loma Verde were brought to the
attention of Engineering and General Services in January of 2008. After extensive discussions
with the stakeholders of both Recreation and Public Works depaliments, it was detelmined that a
simple replacement of the main boiler would not be a long term solution to the failure. Staff
obtained information from private consultants concerning a reconfiguration utilizing two boilers
and contacted SDG&E concerning any rebates that would apply to the new installation. Bids
were received on May 15,2008.
ENVIRONMENT AL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for compliance with
the California Environmental Quality Act (CEQA) and has determined that there is no possibility
that the activity may have a significant effect on the environment because it involves only
replacement of a heater that is enclosed entirely within the existing pool equipment room;
therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines the activity is not
subject to CEQA. Thus, no environmental review is necessary.
RECOMMENDATION
Council approve the resolution.
6-1
6/17/08, Item ~
Page 2 of 3
BOARDS/COMMISSION RECOMMENDA nON
Not applicable.
DISCUSSION
In October of 2007 at the Lorna Verde Recreation Center, pool heater #1 was permanently
removed from service due to a massive boiler brickwork collapse inside of the burner box.
Repairs were made to the backup heater #2, which brought it into service by replacing some of
the controls and fire brick removed from heater # 1. Heater #2 is not large enough to maintain
good temperatures on cold days and doesn't have the appropriate controls to operate efficiently.
Heater #2 was originally installed in 1970, is about 18 years past its expected life and is
deteriorating rapidly. Because of age and the increase in pool capacity added with the last pool
remodel at Lorna Verde, additional demand was placed on both heaters without accounting for
the originally designed heating potential. This additional load placed on the heaters caused an
accelerated deterioration process and the final failure.
Pool heaters have a normal life expectancy of 20 years. Heater #1 was 24 years old. Heater # 2
is 38 years old. These heaters operate continuously; starting and stopping as the temperature
demands dictate, causing metal fatigues from the constant heating and cooling. Metal surfaces
corrode from condensation and boiler soot creates an acidic atmosphere that damages all surfaces
from the boiler framework to the stacks.
Staff researched the cost of the two boilers and the heat exchangers necessary to meet the grant
criteria. While conducting this research, Mr. David Beckman, a pool equipment manufacturer,
stepped forward and offered to provide the boilers, heat exchangers and the appurtenant
hardware at his cost. This philanthropic gesture represents an approximate 50% savings over the
retail cost for the same equipment. Two additional bids were received as a comparison on the
heater specified to verify the savings. Mr. Beckman is not connected to, nor does he have any
business interests with low bidder Horizon Mechanical concerning the equipment installation.
On May ] 5, 2008 two formal bids were received for the equipment installation only of the
above-mentioned project. Horizon Mechanical of Arcadia, CA was the low biddder and
submitted a bid of $77,145. All the document requirements have been met by Horizon
Mechanical. Thus, Horizon Mechanical was declared responsive and clear to perform the
necessary work.
This facilities improvement project is part of the City's broader efforts to promote renewable energy
at municipal sites and to lower citywide greenhouse gas or "carbon" emissions. The Chula
Vista/SDG&E Partnership Program has provided financial support for City staff to evaluate,
identify and coordinate the installation of these energy retrofit projects. Because Partnership
funds are not able to be used for capital costs associated with renewable energy llpgrades, the
City pursued and was awarded California Energy Commission loans designed to provide local
agencies with capital funding to install renewable energy systems and is re-paid through the
resulting energy savings. Once the loan debt is re-paid, the City would capture the net savings
on its annual energy costs. SDG&E has recommended that the heaters be replaced along with
the solar and pool cover elements at Loma Verde to complete a comprehensive energy package.
This will be accomplished by creating two separate projects, the first being the new heater
component, the second will be the solar panel array and pool cover replacement.
6-2
6/17/08, Item 0
Page 3 of 3
The natural gas savings from the two projects are estimated to be 35,137 therms a year. Based
on the average gas cost of $0.956/therm, the first year natural gas cost savings are estimated to
be about $33,695 annually. The City can apply for a SDG&E Standard Performance Contract
rebate for these two projects. The rebate offered by SDG&E is$0.80/therm saved. The
estimated rebate for these two projects is about $28,109. The simple payback for these two
projects is around 5.8 years after SDG&E rebate.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property holdings
within 500 feet of the boundaries of the property which is the subj ect of this action.
FISCAL IMPACT
There is no impact to the General Fund. The contract amount and costs for implementing the
renewable energy improvement project will be fully paid through the CEC Energy Efficiency
Loan - Phase I (GG202) Capital Improvement Project (CIP) which was approved by City
Council on April 1,2008. The CIP's expenditures are reimbursed through the California Energy
Commission loan program which uses the project's resulting energy savings (approximately
$10,607 annually) to repay the loan debt resulting in a simple payback period of nine years. The
City will also take advantage of an energy efficiency incentive of $8,848 from SDG&E and the
California Public Utilities Commission. City staff costs associated with implementing the
projects will be funded by the current SDG&E Partnership Program.
FUNDS REQUIRED FOR PROJECT
A. Contract Amount (Horizon Mechanical) $77,\45.00
B. Purchase new heaters 66,421.00
C Contingencies (10% of contact amount) 7,715.00
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $\5\,281.00
FUNDS AVAILABLE FOR PROJECT
A. Existing CIP, GG202 $\5\,281.00
TOT AL FUNDS AVAILABLE FOR CONSTRUCTION $\51,281.00
ATT ACHMENTS
\. Contractor's Disclosure Statement
Prepared by: Cordon Day. Sr. Building Project Supervisor, Engineering Dept.
M: IGeneral ServiceslGS AdministrationlConncil AgendalGG202A IPool HeaterA f f 3REV.doc
6-3
ATTACHMENT_
I
City of Chula Vista Disclosure Statement
Pursuant to Council Policy 101-0 I, prior to any action upon matters that will require discretionary action
by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of
certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista
election must be filed. The following information must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
i-l<9(212.<!J,-eJ mcUr/7/(J! /t"'4C
0<9/1/,.1 See; R/Q97u G ~
/20,3~=t2-7 /C.'-7"'I?"7~L CKJ
2. If any person- identified pursuant to (I) above is a corporation or partnership, list the names of all
individuals with a $2000 investment in the business ( corporation/partnership) entity.
,.-, I".. 13""" cf6/z {?ON ;:rZC/r/:l/JJ.C~
,::,O/-Ya/ (0 c9 f2v'c;?pu ,.. / ,
RCJi3-z:-/2:7 JC ''"77/7/?LL
013".
f1i:':J/2.i co~./ /?'? pC-h" tJ,-v, C04-"-
3. If any person- identified pursuant to (I) above is a non-profit organization or trust, list the names
of any person serving as director of the non-profit organization or as trustee or beneficiary or
trustor of the trust.
N/^-
,
4. Please identifY every person, including any agents, employees, consultants, or independent
contractors you have assigned to represent you before the City in this matter.
:::'nrt'1...i (o',Oi2.D<9M.../
720102/2:(" IC.!mJJmL
5. Has any person- associated with this contract had any financial dealings with an official-- of the
City of Chula Vista as it relates to this contract within the past 12 months? Yes_ NOk-
If Yes, briefly describe the nature of the financial interest the official-- may have in this contract.
16
C:\Documcnts and Settings\Administmtor\Local Sctlings\Tcmporary Inlernel Filcs\OLKC4\gg-202a Lorna Verde Pool
Heater.doc
6-4
6_ Have you made a contribution of more than $250 within the past twelve (12) months to a current
member of the Chula Vista City Council? No i. Yes _ If yes, which Council member?
7_ Have you provided more than $340 (or an item ofequivaIent value) to an official** of the City
ofChula Vista in the past twelve (12) months? (This includes being a source of income, money to
retire a legal debt, gift, loan, etc.) Yes _ No ~
If Yes, which official** and what was the nature of item provided?
Date: 5//Z./0:!?
, /
*
~ature of Contractor! APe.licant
,"CJ/7'J'lJ /31 6ni2/Y'J/L-l
Print or type name of Contractor! Applicant
CEO 1,v;Zi 2c:)rJ Hcc/7i3rz/ ,cf4
Person is defined as: any individual, firm, co.partnership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city,
municipality, district, or other political subdivision, -or any other group or combination acting as
a unit.
**
Official includes, but is not limited to: Mayor, Council member, Planning Commissioner,
Member of a board, commission, or committee of the City, employee, or staff members.
17
C:\Documcnts and Seltings\Administrator\Local Seuings\Ternpornry internet Files\OLKC4\gg-202a Lorna Verde Pool
Healer.doc
6-5
RESOLUTION 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ACCEPTING BIDS AND
A WARDING A CONTRACT FOR THE PURCHASE
AND REPLACEMENT OF THE POOL HEATER AT
THE LOMA VERDE RECREATION CENTER TO
HORIZON MECHANICAL IN THE AMOUNT OF
$77,145 WHICH WILL BE FUNDED THROUGH
CAPITAL IMPROVEMENT PROJECT GG202 AND
REIMBURSED THROUGH THE CALIFORNIA
ENERGY COMMISSION LOAN PROGRAM
WHEREAS, the situation and working condition of the pool heaters at Lorna
Verde were brought to the attention of Engineering and General Services in January
2008; and
WHEREAS, after extensive discussions with the stakeholders of both Recreation
and Public Works departments, it was determined that a simple replacement of the main
boiler would not be a long ternl solution to the failure; and
WHEREAS, staff obtained information from private consultants concerning a
reconfiguration utilizing two boilers and contacted SDG&E concerning any rebates that
would apply to the new installation; and
WHEREAS, on May 15,2008, two formal bids were received for the equipment
installation only of the heaters at Lorna Verde; and
WHEREAS, Horizon Mechanical of Arcadia, CA, was the low bidder and
submitted a bid in the amount of $77,145; and
WHEREAS, all the document requirements have been met by Horizon
Mechanical and the contractor is declared responsive and clear to perform the necessary
work; and
WHEREAS, SDG&E has recommended that the heaters be replaced along with
the solar and pool cover elements' at Lorna Verde to complete a comprehensive energy
package; and
WHEREAS, this will be accomplished by creating two separate projects, the first
one being the new heater component, and the second project will be the solar panel array
and pool cover replacement; and
WHEREAS, the first year natural gas cost savings are estimated to be about
$33,695 annually; and
6-6
Resolution No. 2008-
Page 2
WHEREAS, if the City applies for an SDG&E Standard Performance Contract
rebate for these two projects, the estimated rebate for the projects is approximately
$28,109.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of
Chula Vista accept bids and award a contract for the purchase and replacement of the
pool heater at the Lorna Verde Recreation Center to Horizon Mechanical in the amount of
$77,145, which will be funded through Capital Improvement Project GG202 and
reimbursed through the California Energy Commission Loan Program.
Presented by:
Approved as to form by:
Richard A. Hopkins
Director of Engineering
~~~~
Bart C. Miesfeld .
Interim City Attorney
H:\E,'\IGI NEER\RESQS\Rc,os20081.0(,-17.08\Po01 heater r~so_doc
6-7
CITY COUNCIL
AGENDA STATEMENT
~ Iff:. CITY OF
~
- - - (HUlA V15fA
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
6/17/08, Item '7
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR
THE FISCAL YEAR 2008/2009 SPREAD OF ASSESSMENTS FOR
OPEN SPACE DISTRICTS I THROUGH II, 14, 15, 17, 18,20,23,
24,26,31 AND 33, EAST LAKE MAINTENANCE DISTRICT NO.1
(ELMD #1), AL'ID BAY BOULEV ARD MAINTENANCE
DISTRICT; DECLARING THE INTENTION TO LEVY AND
COLLECT THE ASSESSMENT; AND SETTING A PUBLIC
HEARING REGARDING THESE ASSESSMENTS
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR
THE FISCAL YEAR 2008/2009 SPREAD OF ASSESSMENTS FOR
THE TOWN CENTRE MAINTENANCE DISTRICT; DECLARING
THE INTENTION TO LEVY AND C,.0iLECT THE ASSESSMENT;
AND SETTING A PUBLIC ARING REGARDING THE
ASSESSMENT
CITY MANAGER
ASSISTANT CITY
4/STHS VOTE: YES D NO C8J
SUMMARY
The City administers and maintains 36 Open Space Districts and associated zones that have been
established over the last 30 years. The Districts provide a financing mechanism to maintain the
public open space areas associated with each particular development. The City Council's
approval of the levy is required by the first week of August in order to meet the deadlines
established by the County Tax Assessor. This item allows for the assessment of currently
approved levy amounts in order to ensure that the County Tax Assessor deadlines are met for all
36 of the City's Open Space Districts
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for compliance with
the California Environmental Quality Act (CEQA) and has determined that the activity is not a
"Project" as defined under Section 15378 (b)(4) of the State CEQA Guidelines because it
7-1
6/17/08, ItemL
Page 2 of7
involves an intention to levy and collect assessments for existing activities in the Open Space
Districts and does not involve any new activities, therefore, pursuant to Section 15060 (c)(3) of
the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review
lS necessary.
RECOMMENDATION
Council set the public hearing for July 8, 2008 at 6:00 p.m. and adopt the resolutions.
BOARDS/COMMISSION RECOMMENDATION
Not applicable
DISCUSSION
Open Space Districts (OSD's) were established in conjunction with each particular development
to ensure financing for perpetual maintenance of common open space areas. OSD's provide a
mechanism for the City' to levy an annual assessment and collectible to cover the costs of
maintenance associated with each OSD. Once City Council approves the annual collectible
amount, it is sent to the County for inclusion on the tax bill.
Each year Council must take two actions before levying the annual assessment. First, Council
approves the Engineer's Report on Open Space Districts, declares its intention to levy the annual
assessment, and sets the date and time for a public hearing. The second action is to conduct the
public hearing, take and consider public testimony, levy the annual assessment and set the
amount to be collected against the assessment. Tonight's action is the first step in the annual
process.
Pursuant to state law and Municipal Code, the City Engineer has prepared and filed the annual
report for all existing Open Space Districts that are included as Attachments I and 2 to this
report. The annual report allows Council to review the history of the Open Space Districts. The
report includes infonnation regarding:
. The proposed budgets
. Funds remaining in the account
. The proposed assessment (based upon prior year assessment plus an inflation
factor)
. The collectible (the amount needed from each property owner to provide
sufficient funds for the following fiscal year's maintenance)
Table I below lists the names and locations of the Districts.
Table 1. Open Space Districts Within the City ofChula Vista
ame1
EI Rancho del Re Units I - 4
Lark Haven
Rancho Robinhood Units 1 & 2
Bonita Ridge
oeaIon
East of Paseo Ranchero - H Street & Tele
South and East of Lorna Verde Park
South of Allen School Lane
Camino Elevado north of Otay Lakes Road
3
4
7-2
il~~;~~ili~
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5
6
7
8
9
10
II
14
IS
17
18
20
23
24
26
31
33
6/17/08, Item '1
Page 3 of 7
.L<lDl.e.
South Bay Villas
Hillto Vista
Zenith Units 2, 3, and 4
Rancho Robinhood Unit 3
El Rancho del Re
EI Rancho del Rey 6, Cas a del
Rey
Hidden Vista Village
Bonita Long Canyon
Bonita Haciendas
Bel Air Rid 'e
Rancho del Sur
Rancho del Rey
Otay Rio Business Park
Can on View Homes
Park Bonita
Tele a h Can on Estates
Broadway Business Home
Villaae
Eastlake Maintenance District
No.1
Bay Boulevard Maintenance
District
Town Centre Maintenance
District
Improvements and Services
o:C<ltlOn
North end of Crest Dri ve south of E Street
Camino Vista Real north of Telegra h Canyon Road
North & South of Palomar, east of I-80S
Surrey Drive southwest of Otay Lakes Road
Paseo del Rev, north ofTele a h Canyon Road
West of Pas eo Ranchero - H & J Streets
East H Street, east of 1-805
North of East H Street - Otay Lakes Road & Corral Canyon
Road
Can on Drive, east of Ota Lakes Road
Northeast of Pas eo Ladera & East J Street
East end of East Na les Street
North of East H Street, west of Otay Lakes Road
West of Herita e/Ota Valley Road, south of Ota Rio Road
Rut ers Avenue, south of East H Street
West of the intersection ofE Street & Bonita Road
North of Ota Lakes Road, west of SR-125
West side of Broadway - J & K Streets
Eastlake I, Eastlake Greens, Salt Creek 1, OTC, Telegraph
Can on Channel
Bay Boulevard - E & F Streets
Third A venue - E & G Streets
The facilities and items to be maintained by the Open Space Districts currently consist and will
remain, in general, ofthe following:
. Irrigation . Fertilization
. Aerification . Pest Control
. Insect in festation control . Removal of weeds, trash and litter
. Removal of noxious plant material . Trail maintenance
. Public walkway cleaning . Low flow and brow channel maintenance
. Weed abatement . Pond equipment and maintenance
. Pedestrian light maintenance . Signage within trails/canyons
. Pruning of trees and shrubs . Repair of irrigation equipment
. Irrigation equipment upgrades . Brush clearance
. Encroachment trims . Fencing maintenance
. Replacement of dead or diseased plant
material
7-3
6/17/08, Item 1
Page 4 of 7
Assessments & Collectibles
The City of Chula Vista Municipal Code makes the distinction between the assessment and the
amount that the City may collect against the assessment (i.e., the collectible). The assessments
for FY 2008/09 are proposed at the FY2007/08 amounts adjusted by the inflation factor of
2.2889% pursuant to the Municipal Code. Each year, the prior year's maximum assessment
amount is adjusted by an inflation factor, pursuant to the Municipal Code. This inflation factor is
based upon the lower of two separate, published inflation factors: the San Diego Metropolitan
Consumer Price Index (Cpr), and the Governor's California 4th Quarter per Capita Personal
Income Index. In the mid-1990's (and for all Open Space Districts established after that date),
Council approved the assessments with an inflation factor. Since that date, Council may
annually increase the assessment by this inflation factor without this increase being subject to a
protest vote under Proposition 218.
The collectible, on the other hand, is the amount to be actually collected from the property owner
and is equal to, or lower than, the proposed assessment. As detailed in Attachment 2, the
collectible is based on the budget, the reserve requirement, savings and fund balances, earned
interest and prior years' savings.
The proposed assessments and collectibles for FY 2008/09 are as follows:
Table 2. Hlstonca an rODosed FY 2008/09 Assessments/Collectibles
'r~~~~~~t;1~rEi5'lrI ~%~~~w~~;ue""=-'~~ ?A':ses~~~c~n~~tibtJ1 "~'~
;1'> ,Collectible; erfEDU~: : ,~!j .fl';
Proposed FY Proposed FY Projected
Open Space District or Zone FY 07/08 08/09 FY 07/08 08/09 Variance ($) Variance ("!o) Revenue
1 $114.91 $117.54 $113.00 $110.00 ($7.54) -6.41% $72,341.50
2 53.30 54.52 53.00 54.00 (0.52) -0,95% 13,446.00
3 364.90 373.25 364.90 373.25 0.00 0.00% 47,402.75
4 385.42 394.24 385.42 388.00 (6.24) -1.58% 81,480.00
5 375.84 384.44 360.00 339.00 (45.44) -11.82% 41,358.00
6 185.86 190.11 163.00 162.00 (28.11) -14.79% 26,244.00
7 129.84 132.81 129.84 132.00 (0.81) -0.61% 13,728.00
8 593.12 606.70 591.00 591.00 (15.70) -2.59% 65,010.00
9 168.10 171.95 168.10 154.00 (17.95) -10.44% 59,136.00
10 113.43 '116.03 113.00 115.00 (1.03) -0.88% 75,412.40
11 114.78 117.41 114.00 101.00 (16.41) -13.98% 133,425.04
14 368.99 377.44 368.99 373.00 (4.44) -1.18% 321,899.00
15 354.02 362.12 354.00 354.00 (8.12) -2.24% 20,178.00
17 169.46 173.34 116.00 111.00 (62.34) -35.96% 5,106.00
18 400.45 409.62 221.00 253.00 (156.62) -38.24% 110,055.00
20
Zone 1 - Desilting Basin 61.89 63.31 61.89 62.00 (1.31) -2.06% 54.328.12
Zone 2 - Rice Canyon 4.69 4.80 4.69 4.80 0.00 0.06% 19,005.02
Zone 3 - H Street 6.70 6.85 5.00 6.00 (0.85) -12.45% 36,855.02
Zone 4 - Business Center 52.00 53.19 52.00 53.00 (0.19) -0.36% 137.931.97
Zone 5 - SPA I 376.02 384.63 255.00 347.00 (37.63) -9.78% 622,865.00
Zone 6 - SPA II 288.93 295.54 189.00 206.00 (89.54) ~30.30% 117,051.26
Zone 7 - SPA III 178.35 182.43 178.35 182.00 (0.43) -0.24% 214,175.60
Zone 8 - N Desilting Basin 41.12 42.06 32.00 40.00 (2.06) -4.90% 4,752.80
Zone 9 - Tel Cvn Channel 32.64 33.39 32.64 33.39 0.00 0.00% 1,751.68
dP
7-4
6/17/08, lteml
Page 5 of 7
~~~~r;;;^~;m:oer.~ iM~~![trtfi~r1EOrn.: t~~~~~rit~~i\Cbil~cfiB)~ '>!~".~
: . :'L' ':Lk~)j "
Proposed FY Proposed FY Projected
Open Space District or Zone FY 07/08 08/09 FY 07/08 08/09 Variance ($) Variance (%) Revenue
24 686.08 701.78 523.00 496.00 (205.78) ~29.32% 19,840.00
26 538.46 550.78 470.00 480.00 (70.78) -12.85% 9,120.00
31 556.23 568.96 270.00 269.00 (299.96) -52.72% 92,267.00
33(1) 1,374.66 1,406.12 0.00 0.00 N/A(5) N/A(5) 0.00
ELMO No. 1
Otay Lakes Rd (2) N/A N/A 2.50 2.50 0.00 0.00 31,716.75
Zone A - Eastlake f 12.74 13.03 12.74 12.00 (1.03) -7.92% 101,159.79
Zone B - Eastlake Greens 20.82 21.30 15.00 16.00 (5.30) -24.87% 54,022.08
Zone C - Oly Training Ctr 172.46 176.41 3.00 6.00 (170.41) -96.60% 3,000.00
Zone 0 4 Salt Creek I 230.02 235.28 230.00 168.00 (67.28) -28.60% 71,131.20
Zone E - Tel Cyn Chnl(3) 32.80 33.55 32.80 26.00 (7.55) -22.51% 9,525.64
Bay Boulevard (4) 3,185.47 3,258.38 3,004.00 2,330.00 (928.38) .28.49% 14,888.70
Town Centre (S) 0.11 0.12 0.00 - - 0.00
Total Projected Revenue $2,752,444.S9
(1) OSD 33 was formed several years ago in anticipation of development. The project has not progressed and consequently there is no
maintenance required. Should the project develop in the future, Staff would recommend collecting money for maintenance.
(2) Zones A - 0 share in the cost of Otay Lakes Road medians and off-site parkways. Collectible and projected revenue for Otay Lakes
Road are reflected in collectible and projected revenue for Zones A ~ D. A budget for Otay Lakes Road is currently pending.
(3) Portions of EastJake I and EastJake Greens are in this benefit area.
(4) Bay Boulevard rates are based on acres.
(5) Town Centre rates have been based on parcel square footage since FY 2001/02. However, a Downtown PBIO replaced this District in
2001, but the City determined that there was some potential long-term exposure for the City based on the remote potentia! that the current
PBID might not receive sufficient support for re-approval in the future.
Reserves
While the City has often been able to identify savings from prior years to supplement collections,
it is important to note that staff also strives' to maintain at least a 50% reserve. The Municipal
Code allows reserves between 50% and 100%, A minimum of 50% reserve is critical to provide
the funds to pay for costs during the first six months of the fiscal year, before the collectibles are
received from the first installment of the property tax bill, and also to mitigate for delinquencies
and any emergency service requirements.
Reserves in excess of 50% are used, in part, to maintain as stable a collectible as possible while
retaining sufficient funds to offset future anticipated increases and to address maintenance
emel'gencles, Operational efficiencies and reserves may also allow the City to return excess
funds to property owners in the form of a lower collectible.
Budgets
In general, most expenditure budgets have increased due to projected electricity and water rate
increases, adjustments to City staff service costs as a result of costs of living increases, and
increased contractor costs,
7-5
6/17/08, ItemL
Page 6 of 7
Due to a failed Proposition 218 balloting process conducted last year (Council Resolution 2007-
216) several districts required certain service level reductions due to lack of available resources
(OSDs 7; 9; 20/Zone 7; 23; and Eastlake Maintenance District No. IIZones A and D).
Monitoring these districts expenditures and reducing levels of service has improved several of
the districts funds.
One district/zone that does not have sufficient reserves remaining to fund its maintenance is OSD
20, Zone 2. Another district, OSD 3 requires close monitoring, because reserve levels are below
50% at this time. Staff continues to monitor expenditures and reduce these expenditures/levels
of service as needed to replenish these districts reserves.
Other District Issues
Town Centre LMD: A downtown Property and Business Improvement District (PBID) replaced
Town Centre Landscape Maintenance District (LMD) in 2001. At that time, it was anticipated
that the Town Centre LMD would be dissolved. However, the City determined that there was
some potential long-term exposure for the City based on the remote possibility that the current
PBID might not receive sufficient support for re-approval in the future. Should the PBID not be
re-approved at some future date, and if the Town Centre LMD were dissolved, there would no
longer be a funding mechanism for downtown landscape maintenance.
Based on this possibility, the Town Centre LMD is kept open as a "ghost" district. This means
that the City will set the maximum assessment amount for the District on an anllllal basis, even
though property owners will not be billed any sum on the tax roll. Should the PBID not be re-
approved, the Town Centre LMD will be in place and provide the necessary funding mechanism
for downtown landscape maintenance.
The current PBID was renewed with the adoption of Council Resolution No. 2006-222, for a
period of ten (10) years, so the Town Centre LMD remains as a "ghost" district. The assessment
amount in FY 2008/09 is $0.12 per square foot.
Standard Notice Process for Annual Levy
The public hearing will be noticed pursuant to Government Code 6061, which requires that a
notice be published in a newspaper of general circulation at least 10 days before the public
hearing. Tonight's resolution approves this report and sets the date and time for a public hearing
to consider the levy of assessments and the collection of the funds.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found a conflict exists, in
that Council Member Castaneda has property holdings within 500 feet of the Town Centre
Maintenance District which is the subject of Resolution B of this action.
7-6
6/17/08, ItemL
Page 7 of7
FISCAL IMPACT
Expenditures are recovered through the OSD collectible and reserves detailed on the District
Cost Summary worksheets (Attachment 2), resulting in no net impact to the General Fund.
The full cost of providing maintenance services in these Districts totals $2,759,883. The current
maximum assessment will provide $2,752,444.59 in revenues. Due to the limitation of the
maximum allowable assessment, some districts cannot provide enough revenues to cover
budgeted maintenance costs, resulting in a $7,438.41 gap. A failed ballot was conducted last
fiscal year, and because of the disapproval of an assessment increase, services will have to be
reduced to within available revenues.
A TT ACHMENTS
1. District Maps
2. District Cost Summaries
Prepared by: Tessa Quicho, Administrative Analyst fI, Engineering Department
M: IEngineerlA GENDA ICAS2008106-J 7-081ROJ Open Space Districts.doc
7-7
ATTACHMENT 1
DISTRICT MAPS
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NOTES:
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TITLE:
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NOTES:
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El Rancho del Reg 6, Casa del Reg
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NOTES:
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District #31 -
Telegraph Canyon Estates
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NOTES:
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ATTACHMENT 2
DISTRICT COST SUMMARIES
7-33
CITY OF CHULA VISTA
OSD 1 (EI Rancho del Rey Units 1-4)
2008/09 Fiscal Year District Cost Summary
l!milli'Jff~/!iIlli ,!~~
Personnel Services $0.00 $0.00 $0.00
Utility Charges 716.00 716.00 716.00
Trash Collection & Disposal Fees 1,400.00 1,400.00 1,400.00
Water Charges 20,041.00 21,041.00 23,591.00
Services to maintain structures, grounds 1,270.00 1,270.00 770.00
City Staff Services 11,887.00 11,217.00 11,217.00
Contract Services 21,420.00 20,398.00 19,426.00
Landscape Supplies 980.00 980.00 980.00
Materials to maintain structures, grounds 4,523.00 4,522.00 1,040.00
Backflow Certification 0.00 0.00 0.00
Professional Services 5,400.00 2,525.00 1,900.00
Supplementals 980.00 1,129.00 1,610.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 0.00 527.00 527.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 0.00 0.00
Estimated Maintenance Cost $68,617.00 $65,725.00 $63,177.00
Reserve Requirement (1) $68,617.00 $59,481.13 $63,177.00
Reserve Percent 100% 90.50% 100%
Special Reserve 20,000.00 0.00 0.00
Fund Balance (2) 84.809.19 50.949.62 69.564.00
Net Assessment (3) $72,424.81 $74,256.51 $56,790.00
Equivalent Dwelling Units (EDU's) 657.65 657.65 661.79
CollectiblelEDU $110.13 $112.91 $85.81
Percent change from prior year -2% 32% -14%
Misc. Adjustments $0.00 ($0.03) $0.00
Cgll!l!Ec]IE!l!Ei:,!ej[ehi$'arnoiJii.l!llill!~!!i!!:i::J:i
Revenue from even dollar payment
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Assessment with CPI (4) $117.54 $114.91
.B.iJidget!E:D.L:l~ilti_~l!lIiIIm!i~~ !!:ii!;TIIi!llr&'li~ij$;10:f:3:f.! ~:::i1!i1ii'1tfL~$9.9:9~H ~'ii~!!!llili:..i!iil!'lli$.9.5~46.E
Percent change from prior year 4 % 5% 2%
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(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of May 23 of each year
(3) Net Assessment::: Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance
(4) CPI Change for FY 2008/2009::: 2.2889084%
(5) Delinquency Rate is as of 5/12/2008
7-34
CITY OF CHULA VISTA
OSD 2 (Lark Haven)
2008/09 Fiscal Year District Cost Summary
Personnel Services $0.00 $0.00 $0.00
Utility Charges 360.00 228.00 228.00
Trash Collection & Disposal Fees 0.00 0.00 0.00
Water Charges 3,018.00 3,018.00 2,874.00
Services to mai ntain structures, grounds 1,500.00 1,160.00 1,110.00
City Staff Services 2,746.00 3,219.00 3,219.00
Contract Services 5,280.00 5,029.00 4,789.00
Landscape Supplies 337.00 337.00 337.00
Materials to maintain structures, grounds 836.00 836.00 380.00
Backflow Certification 0.00 0.00 0.00
Professional Services 494.00 494.00 400.00
Supplementais 210.00 247.00 790.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 0.00 123.00 123.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 0.00 0.00
Estimated Maintenance Cost $14,781.00 $14,691.00 $14,250.00
Reserve Requirement (1) $14,041.95 $7,639.32 $10,687.50
Reserve Percent 95% 52% 75%
Special Reserve 0.00 0.00 0.00
Fund Balance (2) 15.346.00 9.359.91 12.236.00
Net Assessment (3) $13,476.95 $12,970.41 $12,701.50
Equivalent Dwelling Units (EDU's) 249 249 249
Collectible/EDU $54.12 $52.09 $51.01
Percent change from prior year 4% 2% 4%
Misc. Adjustments $0.00 $0.00 $0.00
C()l!l!EcJ:I.Bl!Ef,:")(,,ni.$iam6(jntil~iWimlhii\:
Revenue from even dollar payment $13,446.00 $13,197.00 $12,699.00
ASSES.SMEN]jllm;jfu'!i!1if;Il!!!!~n~5iiltil(:i!l:J:m 'lilliIi1~iIilim'.~~$.54,5.2ii~~Ji!;l!!i!l!lii,,'l!:llilliif!i!J$5.3::3.9.! !!lIl[:iL'iiil~1Iji1!i'!1fl1ill$5J';5.51
Assessment with CPI (4) $54.52 $53.30
_BJiq~tetlEDJ)~~~~)t~~~m~ilK!;fjfililiJ r~jlIDI~~i:~jil&J~$_5.~~3JH i~lffwl~~:~~$._!:)~:~tQ1\ ~mrjil~BJi1'jfJ:iooj}f5"I$_!:)_1;1;Z31
Percent change from prior year 1 % 3% 2%
D_eIJrBl-4E$Ij~y;1B~t~J 5njjiimmb~illlrlilli~liimi~~lliiKi!mg
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of May 23 of each year
(3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance
(4) CPI Change for FY 2008/2009 = 2.2889084%
(5) Delinquency Rate is as of 5/12/2008
7-35
CITY OF CHULA VISTA
OSD 3 (Rancho Robinhood Units 1 & 2)
2008/09 Fiscal Year District Cost Summary
Personnel Services $0.00 $0.00 $0.00
Utility Charges 835.00 835.00 835.00
Trash Collection & Disposal Fees 500.00 1,400.00 1,400.00
Water Charges 15,080.00 16,580.00 16,080.00
Services to maintain structures, grounds 990.00 990.00 490.00
City Staff Services 8,224.00 9,340.00 9,340.00
Contract Services 16,000.00 20,400.00 19,426.00
Landscape Supplies 0.00 207.00 207.00
Materials to maintain structures, grounds 1,000.00 3,997.00 800.00
Backflow Certification 0.00 0.00 0.00
Professional Services 1,000.00 3,008.00 2,600.00
Supplementals 625.00 946.00 1,150.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 0.00 432.00 432.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 6.635.00 0.00
Estimated Maintenance Cost $44,254.00 $64,770.00 $52,760.00
Reserve Requirement (1) $13,276.20 $0.00 $15,828.00
Reserve Percent 30% 0.00% 30%
Special Reserve 0.00 0.00 0.00
Fund Balance (2) 10.058.59 10.765.04 23.870.00
Net Assessment (3) $47,471.61 $54,004.96 $44,718.00
Equivalent Dwelling Units (EDU's) 127 127 127
Collectible/EDU $373.79 $425.24 $352.11
Percent change from prior year -12% 21% 3%
Misc. Adjustments $0.00 $0.00 $0.00
G,QU!l.iJ;pml,aJgE::i*I:~veijl$l!i:lriipIj"fitlrl:!m!mi*illmki
Revenue from even dollar payment $47,402.75 $46,342.30 $44,704.00
A~,~E:~,$M,E:NJi[;m;m~~'i~:~fi?::mJ:~lmri~J1~~'i ~~m3F~J:jfJtl!J1f,m~$37;3:25,~ ~::I1;jB:~ffi+~'m!!lrli$,3,M_~~O~ i~~~ilii;~,!MElf~{ll3!i2_:9.Q~
Assessment with CPI (4) $373.25 $364.90
BLidget/EQU!lii"~'ll;:l'ii!:i!.ii!lV~a 'L~:il.1i!lf,lri!iilr:~$3!t8?46.~ iJ!Li:j;,,'~"'I.\!.$5JO;0.Oili ~~~~'ilii,,$;t15:43.l
Percent change from prior year -32% 23% 3%
Q~ljitq iIeffcY0Rate(5):mi~1~141ffiySllimg~WmB~;fnJlmjji
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of May 23 of each year
(3) Net' Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve. Fund Balance
(4) CPl Change for FY 2008/2009:::: 2.2889084%
(5) Oelinquency Rate is as of 5/12/2008
7-36
CITY OF CHULA VISTA
OSD 4 (Bonita Ridge)
2008/09 Fiscal Year District Cost Summary
lmfulllilimniJ!iitF1Ummnj; I . 'i f~l~
Personnel Services $0.00 $0.00 $0.00
Utility Charges 1,621.00 1,621.00 1,621.00
Trash Collection & Disposal Fees 1,400.00 1,400.00 1,400.00
Water Charges 17,175.00 17,175.00 16,357.00
Services to maintain structures, grounds 960.00 960.00 210.00
City Staff Services 13,837.00 13,142.00 13,142.00
Contract Services 38,190.00 36,374.00 34,641.00
Landscape Supplies 1,103.00 1,103.00 1,103.00
Materials to maintain structures, grounds 5,774.00 5,774.00 800.00
Backflow Certification 0.00 0.00 0.00
Professional Services 5,065.00 3,065.00 2,600.00
Supplementals 1,250.00 1,329.00 1,350.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 0.00 636.00 636.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 0.00 0.00
Estimated Maintenance Cost $86,375.00 $82,579.00 $73,860.00
Reserve Requirement (1) $86,375.00 $65,206.86 $73,860.00
Reserve Percent 100% 79% 100%
Special Reserve 0.00 0.00 0.00
Fund Balance (2) 91.303.65 66.848.20 71.994.00
Net Assessment (3) $81,446.35 $80,937.66 $75,726.00
Equivalent Dwelling Units (EDU's) 210 210 210
Collectible/EDU $387.84 $385.42 $360.60
Percent change from prior year 1% 7% 1%
Misc. Adjustments $0.00 $0.00 $0.00
C,Qt!_l2.E;GJ11~~_f;;;~[e~v:~ilil~a-fifcf(j...~r:milljij'f;hJjiL{Ij illJgj~tilt!tilJdifRfW11~JfuTIfffi_$_:3_a_~i~7~ J~Jfl!lli1~y:illfittlili2th~ifin_$.:3~J~Q_O_~
Revenue from even dollar payment $81,480.00 $80,938.20 $75,810.00
ASSES.s.MENT;jgi!i<lli~1I,1llif,'iik:i!llliI!lF';':'I1i;iiiJli~;ii..~~!:lil~ii~~Jlj~$39~,24j ~lItlf;ii,':";Jil,~~iI!ffi:l$385,4.2j ~JiiIit~~~':Ji>~'l1,t$3I:2~7,51
Assessment with CPI (4) $394.24 $385.42
El.U.dgeVEDU~l~~'if".ll:i:!i".,i!llfiiiA:!i!l~Afj ",,~~:\!!lirni$4.1,1,3J1J m,iL'i!ft,,'!ft~1i1!i$393!23' '!i!iIllim),;;;i!lIiJ:iiiil:','il"ili$35,1,7A~
Percent change from prior year 5% 12% 3%
p-~ljti_~ligffc'YiRafe(~)lli~3Bu~1~d~ ~m4~~(::f;jj:ii~jiit1iJ1J!:3.8?/o ~~~:!lliL~~1f.~~~J~!1k1I9"O,o;ci
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of May 23 of each year
(3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance
(4) CPI Change for FY 2008/2009 = 2.2889084%
(5) Delinquency Rate is as of 5/12/2008
7-37
CITY OF CHULA VISTA
OSD 5 (South bay Villas)
2008/09 Fiscal Year District Cost Summary
" :fl' ,J''.i;i
Personnel Services $0,00 $0,00 $0,00
Utility Charges 245,00 245,00 245,00
Trash Collection & Disposal Fees 280,00 280,00 280,00
Water Charges 9,817.00 11,817.00 11,817.00
Services to maintain structures, grounds 1,010.00 1,010.00 860.00
City Staff Services 7,083.00 7,448.00 7,448.00
Contract Services 13,250.00 12,615.00 12,012.00
Landscape Supplies 947.00 947.00 947.00
Materials to maintain structures, grounds 2,010.00 2,010.00 800.00
Backflow Certification 0.00 0.00 0.00
Professional Services 5,000.00 2,000.00 1,200.00
Supplementals 575.00 659.00 870.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 0.00 338.00 338.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 0.00 0.00
Estimated Maintenance Cost $40,217.00 $39,369.00 $36,817.00
Reserve Requirement (1) $40,217.00 $39,369.00 $36,817.00
Reserve Percent 100% 100% 100%
Speciai Reserve 20,000.00 0.00 0.00
Fund Balance (2) 59.104.33 34,933.69 45.916.00
Net Assessment (3) $41,329.67 $43,804.31 $27,718.00
Equivalent Dweliing Units (EDU's) 122 122 122
Collectible/EDU $338.77 $359.05 $227.20
Percent change from prior year -6% 58% -22%
Misc. Adjustments $0.00 $0.00 $0.00
P911J!EC.1JjI~J!I;~,;1e.y,f{i11$rr~tii"(j):jrit~1%1mN~iJJ~ ,~)~1i{!i!~ill'tlliiJ:~1llinjlliTIl3,~!l!()J}~~ui!IT;illrli1if;tL~Jnm!ITf~l~,Q,(H9.97) ,m;m~~~ll!iliirtGi~;;mml.$~~"1;:OJ).t
Revenue from even doliar payment $41,358.00 $43,920.00 $27,694.00
A.S.SESSMEr-lJ1!l1:1riill~~ii!'~iliim:riiil.~<ii!!lii:i ;:j;Tlf:~"ll1'",::;$384:#llfj;~~,~"Flll~~-:ii$3}5:84:h jji!i:,ll1Illii!miJlll,"t]J!iil1$363r~8j
Assessment with CPI (4) $384.44 $375.84
BijdgetJEOIJ;(1!Iffl.tr~2':;&~JI!~ r,~:,t1$l($329!65Illlll~Wi\;<~~$322;'7,QJ 1::Jtit:1:i!i1!ilt':llFfll!!l'l:r;$301'!'7;8.i
Percent change from prior year 2% 7% 2%
D.elii'1cjUen'cY!R"te(5)l!i;';i~i'.'!ii!ll!::.~ ~~~.Ji~~ [I?i~:~~!!lI'i!d5;33% ii1I1lliIl!!!ijl"iI!i.!~'~~'flf:ilQ.:41,%
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of May 23 of each year
(3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance
(4) CPl Change for FY 2008/2009 = 2.2889084%
(5) Delinquency Rate is as of 5/12/2008
7-38
CITY OF CHULA VISTA
OSD 6 (Hilltop Vista)
2008/09 Fiscal Year District Cost Summary
IIi'
Personnel Services' $0,00 $0,00 $0.00
Utility Charges 313.00 3UOO 313.00
Trash Collection & Disposal Fees 280.00 280.00 280.00
Water Charges 7,334.00 6,559.00 6,246.00
Services to maintain structures, grounds 1,010.00 1,010.00 240.00
City Staff Services 4,492.00 4,190.00 4,190.00
Contract Services 6,070.00 5,782.00 5,506.00
Landscape Supplies 311.00 311.00 311.00
Materials to maintain structures, grounds 2,010.00 2,010.00 780.00
Backflow Certification 0.00 0.00 0.00
Professional Services 500.00 494.00 475.00
Supplementals 350.00 339.00 870.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 0.00 17UO 171.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 0.00 0.00
Estimated Maintenance Cost $22,670.00 $21,459.00 $19,382.00
Reserve Requirement (1) $22,670.00 $21,459.00 $19,382.00
Reserve Percent 100% 100% 100%
Special Reserve 10,000.00 0.00 0.00
Fund Balance (2) 29.102.63 16.563.72 20.623.00
Net Assessment (3) $26,237.37 $26,354.28 $18,141.00
Equivalent Dwelling Units (EDU's) 162 162 162
Collectible/EDU $161.96 $162.68 $111.98
Percent change from prior year 0% 45% -1%
Misc. Adjustments $0.00 $0.00 $0.00
,GQJ2!_~J;C:11IJ:3_I,:!E:t71e~EH1~,$;,~rn'dliiit:iliW~umjru mw.!:]1Jm,~~]~mj~;gltf32:QQ,;1 illl~]1Jir..$f!ilii4j}ml!~~!lli[$:t6_3!QJU; ~~.;jj)id~~:1!llil~:::f0~1$11J1 ,~;_QQJj
Revenue from even dollar payment $26,244.00 $26,406.00 $18,144.00
AS,$E~,~,M,I;NTim;KU!I!mJl~mlillt'mrnmmjjJllJHiimmlMjlli!!kRJmlm;i
Assessment with CPI (4) $190.11 $185.86
B(jdgetJEDU:ll~~.iit';f!ill!!~1I1~dj.,~;:r~11i:i!t~lli~lYili:!llb!!!il",,~~J:'~$~39,94J llffiEf:\'lli!i'il'lit,lmj,JJSi'iil$A32:461 DIi~Y!.liw:~"l$~,19:64j
Percent change from prior year 6% 11 % 2%
Dj"liiiqjjejjcYJRate(5)ml,'~~~ ilil/€i2ili,~~ii1lL'7;';iiiI!Ik)1iJ ~1jl~~':lil~3,:0.9c% iiI!l:~~I"li!~!I:3J1,%
(1) Reserve Requirement::: Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of May 23 of each year
(3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance
(4) CPI Change for FY 2008/2009 = 2.2889084%
(5) Delinquency Rate is as of 5/12/2008
7-39
CITY OF CHULA VISTA
OSD 7 (Zenith Units 2, 3 & 4)
2008/09 Fiscal Year District Cost Summary
II: I' ,
Personnel Services $0.00 $0.00 $0.00
Utility Charges 211.00 211.00 211.00
Trash Collection & Disposal Fees 0.00 0.00 0.00
Water Charges 4,550.00 4,550.00 4,394.00
Services to maintain structures, grounds 540.00 540.00 290.00
City Staff Services 3,012.00 3,096.00 3,096.00
Contract Services 1,966.00 4,321.00 4,115.00
Landscape Supplies 234.00 234.00 234.00
Materials to maintain structures, grounds 2,065.00 2,065.00 360.00
Backflow Certification 0.00 0.00 0.00
Professional Services 500.00 500.00 400.00
Supplementals 180.00 242.00 950.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 0.00 116.00 116.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 0.00 0.00
Operating Reserve Collection. 0.00 2.221.00 0.00
Estimated Maintenance Cost $13,258.00 $18,096.00 $14,166.00
Reserve Requirement (1) $8,352.54 $3,619.20 $10,057.86
Reserve Percent 63% 20% 71%
Special Reserve 0.00 0.00 0.00
Fund Balance (2) 7.909.59 8,247.32 11.155.00
Net Assessment (3) $13,700.95 $13,467.88 $13,068.86
Equivalent Dwelling Units (EDU's) 104 104 104
CollectiblefEDU $131.74 $129.50 $125.66
Percent change from prior year 2% 3% 5%
Misc. Adjustments $0.00 $0.00 $0.00
cQ12l!ECJiIBliE:ore;;;ellj$(anjouhti"liIDtOllllill ~i!illj~.\!!$,132!00! !!lI:'k!;';l!-:lIiil~l129!8.~.~ !l!Iiij~iIl>~$125iOO.!
Revenue from even dollar payment $13,728.00 $13,503.36 $13,000.00
P,.SSES.S.MEI:lTi!il'~'f.lI!~1iI!.~llLiI1l_~1!jJitdir~ ~!,;L~LLJmiJtH32:8;1L TI?"jWjJ!l'J!t~i!!iiiNJBl!!.$;129;.8.~lli '1Lf~%1~]l;l1liilll!;1J';'1!ll1Ji$125!.5.7,1
Assessment with CPI (4) $132.81 $129.84
Percent change from prior year -27%
^~lmquencYi . ate 5 ~m!IZfF~'B,1td,~ff1i~~~n] 1Enijl!tnn.l!MffiizT,tf;rl!Ir:i1i1ifJRlLt%..~!:!t1ft1lJ
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of May 23 of each year
(3) Net Assessment = Estimated Maintenance Cost + ReselVe Requirement + Additional Reserve - Fund Balance
(4) CPl Change for FY 2008/2009 = 2.2889084%
(5) Delinquency Rate is as of 5/12/2008
7-40
CITY OF CHULA VISTA
OSD 8 (Rancho Robinhood Unit 3)
2008/09 Fiscal Year District Cost Summary
~i.'i;;~Jffl;
Personnel Services $0.00 $0.00 $0.00
Utility Charges 404.00 404.00 404.00
Trash Collection & Disposal Fees 280.00 280.00 280.00
Water Charges 16,900.00 16,020.00 15,520.00
Services to maintain structures, grounds 1,030.00 1,030.00 630.00
City Staff Services 10,467.00 10,120.00 10,120.00
Contract Services 28,290,00 26,940.00 25,655.00
Landscape Supplies 422.00 422.00 422.00
Materials to maintain structures, grounds 2,925.00 2,925.00 350.00
Backflow Certification 0.00 0.00 0.00
Professional Services 2,240.00 1,240.00 920.00
Supplementals 920.00 1,004.00 1,070.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 0.00 480.00 480.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 0.00 0.00
Estimated Maintenance Cost $63,878.00 $60,865.00 $55,851.00
Reserve Requirement (1) $61,322.88 $49,909.30 $51,382.92
Reserve Percent 96% 82% 92%
Special Reserve 0.00 0.00 0.00
Fund Balance (2) 60,278.52 45809.97 44.410.00
Net Assessment (3) $64,922.36 $64,964.33 $62,823.92
Equivalent Dwelling Units (EDU's) 110 110 110
Collectible/EDU $590.20 $590.58 $571.13
Percent change from prior year 0% 3% 12%
Misc. Adjustments $0.00 $0.00 $0.00
G~GJJ!I;I;PTIJU:EEl~jI,eh1.$1~,rii'qijti1JB~~~Jl ;ji~~~!~~~llP.mllik~$,5.9JmO~ W!~,ili~~i[~l!iYik~i~i!m$,~,~jJl_00Jjili11J!~M1!lJtili,Iflli~iliJr:J]iIQt$.5Z2:,C)_QJ:
Revenue from even dollar payment $65,010.00 $65,010.00 $62,920.00
Assessment with CPI (4) $606.70 $593.12
~,l.ig g-et,/E;J~JJ,I/i;)jffii;;Lif~H~tl!~!ffmrJJ!ilJ~mmltlllTI!L~lIljkrt;,jlA]] fL.~@lJnrurm:!tf,imr;r1ifm$.5,8Q,;Z~JJ jw,~;tI2t,1lllm11ii:1Wii;1ik~j:$~5,~,~3_~_;i rn~$l:~1ffiij~':iJimU;~$.~,QZf1;~"9
Percent change from prior year 5% 9% 3%
l)"linq'(j.eifcYJR.atij(5):ml1i;r~'f~l!:lIl1!f;ij! !!i}!~~fJiil\lili".J.:~ ~~~6,3.60/, l!l!iiJl!!!~I';!Jlll,.;;i!liili!'ilil0:~~.%
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of May 23 of each year
(3) Net Assessment::: Estimated Maintenance Cost + Reserve Requirement + Additional Reserve ~ Fund Balance
(4) CP1 Change for FY 2008/2009::: 2.2889084%
(5) Delinquency Rate is as of 5/12/2008
7-41
CITY OF CHULA VISTA
OSD 9 (EI Rancho del Rey)
2008/09 Fiscal Year District Cost Summary
It; I'
Personnel Services $0.00 $0.00
Utility Charges 442.00 442.00
Trash Collection & Disposal Fees 1,020.00 2,520.00
Water Charges 19,595.00 22,095.00
Services to maintain structures, grounds 980.00 980.00
City Staff Services 8,368.00 13,027.00
Contract Services 19,817.00 27,991.00
Landscape Supplies 0.00 1,005.00
Materials to maintain structures, grounds 4,400.00 4,400.00
Backflow Certification 0.00 0.00
Professional Services 3,540.00 3,540.00
Supplementals 875.00 1,337.00
Other Commodities 0.00 0.00
Advertising 0.00 0.00
Transfer: Corporate Yard Debt Services 0.00 618.00
Storm Maintenance 0.00 0.00
Special Maintenance Fund 0.00 0.00
Operating Reserve Collection 0.00 10.365.00
Estimateri Maintenance Cost $59,037.00 $88,320.00
Reserve Requirement (1) $59,037.00 $14,572.80
Reserve Percent 100% 16.5%
Special Reserve 10,000.00 0.00
Fund Balance (2) 69.053.61 38,567.16
Net Assessment (3) $59,020.39 $64,325.64
Equivalent Dwelling Units (EDU's) 384 384
Collectible/EDU $153.70 $167.51
Percent change from prior year -8% 3%
Misc. Adjustments. $0.00 $0.00
. $0.00
442.00
2,520.00
24,095.00
580.00
13,027.00
26,658.00
1,005.00
1,500.00
0.00
2,500.00
1,070.00
0.00
0.00
618.00
0.00
0.00
0.00
$74,015.00
$42,188.55
57%
0.00
53.850.00
$62,353.55
384
$162.38
5%
$0.00
Go.l,;_~_I:GJ'll Bt!l:n~eY_er1]:$I~m(j:jjntlh!k~,;!rtlfillf;~ jnN;~~;;)tJl~!011i~~I~~ftult~~O.Q~ ITilllN:i!mhi1~;nl;w_f1!ffii$J~~~()_Qn
Revenue from even dollar payment $59,136.00 $64,550.40 $62,208.00
~SSE:SSMENTUf~~Bi7\l !ilIl!~'li!h"1l5!1t;'1:7"1,95J li1!l1!!~~JJii&~~$;16.8:~Oj ~i."il,~~!E$J62;5IJ
AssessmentwithCPI (4) $171.95 $168.10
Percent change from prior year -33% 19% 2%
QelinquencY,lRat,,(5)J::~Jiiffi'.~~ ~A'illli.~[II!ii!'fu~~ ;:;;l~!l!'""ilii!i~i\'!Ii!;m~l!!ct;'t;tI~/~ i~~'li1!l1!!~3,2.6J/o
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of May 23 of each year
(3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance
(4) CPI Change for FY 2008/2009 = 2.2889084%
(5) Delinquency Rate is as of 5/12/2008
7-42
CITY OF CHULA VISTA
OSD 10 (EI Rancho del Rey 6 & Cassa del Rey)
2.0.08/.09 Fiscal Year District Cost Summary
111m' rm!i!l'''\;~li'{ ~"1!' . . f, m: ~I
Personnel Services $0.00 $0.00 $0.00
Utility Charges 383.00 383.00 383.00
Trash Collection & Disposal Fees 840.00 840.00 840.00
Water Charges 17,295.00 16,295.00 18,295.00
Services to maintain structures, grounds 850.00 850.00 550.00
City Staff Services 12,840.00 13,261.00 13,261.00
Contract Services 38,120.00 36,304.00 34,575.00
Landscape Supplies 739.00 739.00 739.00
Materials to maintain structures, grounds 2,575.00 2,575.00 380.00
Backflow Certification 0.00 0.00 0.00
Professional Services 4,170.00 3,470.00 2,900.00
Supplementals 1,150.00 1,330.00 1,450.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 0.00 647.00 647.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 0.00 0.00
Estimated Maintenance Cost $78,962..0.0 $76,694..0.0 $74,.02.0.0.0
Reserve Requirement (1) $71,065.80 $53,685.80 $61,436.60
Reserve Percent 90% 70% 83%
Special Reserve 0.00 0.00 0.00
Fund Balance (2) 74.415.96 56.429.93 63.560.00
Net Assessment (3) $75,611.84 $73,949.87 $71,896.6.0
Equivalent Dwelling Units (EDU's) 655.76 655.76 658.37
Collectible/EDU' $115.30 $112.77 $109.20
Percent change from prior year 2% 3% 4%
Misc. Adjustments $0.00 $0.00 $0.00
C,o.I1LEJ::9;lj1~llLI;~~'(eyei1l$,rail1()unlnH~j!jnmmmm
Revenue from even dollar payment
~~S~~$MJ::~I~H~Dh!~~mffi~i~l~~~i~~mkll~~
Assessment with CPI (4) $113.43
1::I,I:(dgetlEQ.V~,[1!1Wru;~:?JIillKiiiiln1%J{f~W:h0['t1i!ffl'J!Hlffii ;';;H~iNi~~iillf,fl~3illf:$~ ~():~~_i! 11jBt~f;j!~1tfiC.fffiffiimi~'ir_$J,~2_:~_;3_E
Percent change from prior year'-' 3% 4% 2%
()elif(qlJeni;yjRate(5)1!iiii'liL'll:i':!Il!Jrdlili:!'!ii!iJi!i1J;."iiIli ii1fJf.~~~~~!i1.;';,J l'!ilfliil,5l!1!iiiiiL~'l!!illif,~!80,/d :!!ij1ll!lI:ilIr;;;li,~L'1fJil'I:l!l.o!8t!.%
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of May 23 of each year
(3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance
(4) CPI Change for FY 2008/2009 = 2.2889084%
(5) Delinquency Rate is as of 5/12/2008
7-43
CITY OF CHULA VISTA
OSD 11 (Hidden Vista Village)
2008/09 Fiscal Year District Cost Summary
" , I" ~ '
"
Personnel Services $0.00 $0.00 $0.00
Utility Charges 687.00 687.00 687.00
Trash Collection & Disposal Fees 4,480.00 4,480.00 4,480.00
Water Charges 28,216.00 27,216.00 37,216.00
Services to maintain structures, grounds 10,000.00 10,000.00 9,400.00
City Staff Services 25,694.00 24,599.00 24,599.00
Contract Services 55,400.00 52,763.00 50,250.00
Landscape Supplies 711.00 711.00 711.00
Materials to maintain structures, grounds 8,630.00 8,630.00 3,440.00
Backflow Certification 0.00 0.00 0.00
Professional Services 14,600.00 10,242.00 7,000.00
Supplementals 2,100.00 2,548.00 1,690.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 0.00 1,205.00 1,205.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 0.00 0.00
Estimated Maintenance Cost $150,518.00' $143,081.00 $140,678.00
Reserve Requirement (1) $150,518.00 $127,342.09 $140,678.00
Reserve Percent 100% 89% 100%
Special Reserve 30,000.00 0.00 0.00
Fund Balance (2) 197.499.24 120,352.58 189,936.00
Net Assessment (3) $133,536.76 $150,070,51 $91,420,00
Equivalent Dwelling Units (EDU's) 1,321.04 1,321.04 1,321.04
CollectiblelEDU $101.08 $113.60 $69.20
Percent change from prior year .11% 64% .9%
Misc. Adjustments $0,00 $0.00 $0,00
C.oLLEc::Jil.i3LE!,jeYerO$IajjjoJil'lt:Ji!!iTI!lii1llffii
Revenue from even dollar payment $133,425.04 $150,598.56 $91,151.76
~S~_E;5SM_J;_NT~~''lir,];,Jtml!1s'illj;n1m:~~~ 1~~~'it~lliHf1;k~~ti$;1;1il.;4;1,~ llil11l1~1~mt?m:~fuL~J$~it~~7_81 ~~DiiiIffiJtl?~'t5~.t~~,$1l~1J1)Q1!~
Assessment with CPI (4) $117.41 $114.78
BljclgetlEQUjY,1:""l~~~.IiJ!i'!IiIlf~!ffi!.1liiil'..l'il il!lli!iJb'!lo;;illiJiiil'i!ll)I~i$,1i13,941 ~,ji:~~.$J08:3,1iTI ~;,;'IIlit"1lii:;'''':diJii'$JO.6:'49I
Percent change from prior year 5% 2% 2%
p~l!ii:q-U~,fj:C:W2iR~t~(!:i)~'mj!mm2!lliilfu__&;;iliili~iaW
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of May 23 of each year
(3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance
(4) CPI Change for FY 2008/2009 = 2.2889084%
(5) Delinquency Rate is as of 5/12/2008
7-44
CITY OF CHUlA VISTA
OSD 14 (Bonita Long Canyon)
2008/09 Fiscal Year District Cost Summary
Personnel Services $0.00 $0.00 $0.00
Utility Charges 2,045.00 2,045.00 2,045.00
Trash Collection & Disposal Fees 5,600.00 5,600.00 5,600.00
Water Charges 97,705.00 97,705.00 100,205.00
Services to maintain structures, grounds 3,150.00 3,150.00 1,400.00
City Staff Services 53,779.00 54,281.00 54,281.00
Contract Services 133,770.00 127,397.00 121,330.00
Landscape Supplies 3,176.00 3,176.00 3,176.00
Materials to maintain structures, grounds 12,940.00 12,940.00 4,000.00
Backflow Certification 0.00 0.00 0.00
Professional Services 22,115.00 12,115.00 11,000.00
Supplementals 5,000.00 5,605.00 2,490.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 0.00 2,732.00 2,732.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 0.00 0.00
Estimated Maintenance Cost $339,280.00 $326,746.00 $308,259.00
Reserve Requirement (1) $305,352.00 $248,326.96 $272,809.22
Reserve Percent 90% 76.0% 88.5%
Special Reserve 0.00 0.00 0.00
Fund Balance (2) 322.493.15 257,296.41 270,289.00
Net Assessment (3) $322,138.85 $317,776.55 $310,779.22
Equivalent Dwelling Units (EDU's) 863 863 873.36
Collectible/EDU $373.28 $368.22 $355.84
Percent change from prior year 1% 3% 3%
Misc. Adjustments $0.00 ($8.63) $0.00
cO[jL!E<::jl:IBIEE';:;e:v.enma:mouht!i!I!~l1iiI~ IJIjm~~'Mmilij;$373!0.Oii lilllj:.':;sJ!~!i!iii\!.i\~$368,99li !iJlI.}N,~1;:';iiiii""'iiILU5ji!00l
Revenue from even dollar payment $321,899.00 $318,429.74 $310,916.16
ASSE.SSMENEii.~~jijlj.lJ!i~''liii'iii1J'llIi.!iI1l1'~~li!1iit,''!J;1$317fAA!i~iJ:FJiI!:~:~;i;!;;.$368/99..1 !BjJlil~;';;!Hl356t86li
Assessment with CPI (4) $377.44 $368.99
~Jt~g~V~D~UQ;Hmli;~)f.,jl~lliJm1lJW;sJ;!rll~lJrgjl_lli0nRt~ijE~~_; ~illt~;;'ill~11~J!illi:~illrV;~!j:$393!!1;4] 00l.m!lfl2Jf_:~MiWi~~m;L$~.7:.8!62k i~t~jgmjW~Yk~jl~WJ:~iilllt$,:3~2_!_9~Jj
Percent change from prior year 4% 7% 1 %
p'.eltfrcfl.felf~YJ\R~l~(!;t)tl!mill!iilliiliiill:llfurill!J1f~i1i~I1ftfz~
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of May 23 of each year
(3) 'Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance
(4) CPt Change for FY 2008f2009 = 2,2889084%
(5) Delinquency Rate is as of 5/12/2008
7-45
CITY OF CHULA VISTA
OSD 15 (Bonita Haciendas)
2008/09 Fiscal Year District Cost Summary
~t .-: II: I' ikim il!
Personnel Services $0.00 $0.00 $0.00
Utility Charges 179.00 179.00 179.00
Trash Collection & Disposal Fees 1,400.00 280.00 280.00
Water Charges 5.500.00 7,000.00 6,745.00
Services to maintain structures, grounds 800.00 800.00 600.00
City Staff Services 4,175.00 4,223.00 4,223.00
Contract Services 4,290.00 4,087.00 3,892.00
Landscape Supplies 204.00 204.00 204.00
Materials to maintain structures, grounds 1,710.00 1,710.00 375.00
Backfiow Certification 0.00 0.00 0.00
Professional Services 2,620.00 1,120.00 875.00
Supplementals 310.00 322.00 870.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 0.00 172.00 172.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 0.00 0.00
Estimated Maintenance Cost $21,188.00 $20,097.00 $18,415.00
Reserve Requirement (1) $21,188.00 $15,273.72 $18,415.00
Reserve Percent 100% 76% 100%
Special Reserve 6,000.00 0.00 0.00
Fund Balance (2) 28.229.92 15.210.07 23.147.00
Net Assessment (3) $20,146.08 $20,160.65 $13,683.00
Equivalent Dwelling Units (EDU's) 57 57 57
Collectible/EDU $353.44 $353.70 $240.05
Percent change irom prior year 0% 47% -9%
Misc. Adjustments $0.00 $0.00 $0.00
CPI!U.E<::JiI.I3.I.f.E;i\'Ae.vij"hUIarriouht liihtlJiil!Iill JllilffiLl1i~il11!111Ii!ii!f':illi$35~!001 i]iiihiliiil!lifj>.illfjil1ijif,i1iil!$35~100'! lii1!liJ:'llii,'f,if,'ffiJ;i1l1ilijlli'1$:Z4(j;(jOj
Revenue from even dollar payment $20,178.00 $20,178.00 $13,680.00
A.S.SES.SMENTiill~~'!!!;Th;0:1[ili!lilii!if~ 1111:~~1::lli1:'l!i!lIlii'iJl:~$362;12! i!it-~;~'lIMi:ill!h'!!$35!1:02! t'!!I'illl!ii!'i'jii(,'J!!iill1,:i!'$342!3.8l
Assessment with CPI (4) $362.12 $354.02
l3udge!lEQUmlf.'ill;!;~iii&~ilIlI~ ::;&!1I!l.t!ll!!["<J!Ii'~$3Hm! i~~1!-_$352158j :l!~~__':Ii$323!0,,!
Percent change from prior year 5% 9% 2%
[)eliri:qUejjcYJBate(5)!li6m~iliJiilm~iJl,'!!i*,""Ti'ialii,; W!!Ii!miililJiillii1!ilil'lt"il!il\'ll!:.4iliO,88.%#1iil!~alijijWiafriiilWIIi!L0!0.0%
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of May 23 of each year
(3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance
(4) CPI Change for FY 2008/2009 = 2.2889084%
(5) Delinquency Rate is as of 5/12/2008
7-46
CITY OF CHULA VISTA
OSD 17 (Bel Air Ridge)
2008/09 Fiscal Year District Cost Summary
Y~n~1iM1!~iliIRmllil iil' It . ~fi!
Personnel 'Services $0.00 $0.00 $0.00
Utility Charges 0.00 0.00 0.00
Trash Collection & Disposal Fees 560.00 560.00 560.00
Water Charges 0.00 0.00 0.00
Services to maintain structures, grounds 0.00 0.00 0.00
City Staff Services 968.00 1,240.00 1,240.00
Contract Services 1,250.00 1,190.00 1,133.00
Landscape Supplies 550.00 550.00 550.00
Materials to maintain structures, grounds 100.00 100.00 100.00
Backflow Certification 0.00 0.00 0.00
Professional Services 0.00 0.00 0.00
Supplementals 50.00 67.00 750.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 0.00 46.00 46.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 0.00 0.00
Estimated Maintenance Cost $3,478.00 $3,753.00 $4,379.00
Reserve Requirement (1) $3,478.00 $3,002.40 $4,379.00
Reserve Percent 100% 80% 100%
Special Reserve 3,000.00 0.00 0.00
Fund Balance (2) 4.864.89 1.451.54 5.012.24
Net Assessment (3) $5,091.11 $5,303.86 $3,745.76
Equivalent Dwelling Units (EDU's) 46 46 46
CollectiblelEDU $110.68 $115.30 $81 .43
Percent change from prior year -4% 42% -20%
Misc. Adjustments $0.00 $0.00 $0.00
C9LEIJ!,l;c;;lil~~Err;T{!~Ei:ri!t$rifm_9.LJhti~~;llilEf!H~ illr0Ni[~1t&:'~bl~~ilil1;~ E):Q.Q;:h !li'illJ;m(!L~jiirrilltrlfJ1R~imjl8Z;qQ;1:
Revenue from even dollar payment $5,106.00 $5,336.00 $3,772.00
""S,SE,S.l5MENTH;n'f.:.l!/f;'iLIfJl.ill!:yiiii!ii!i;l1jlii!:ii!11t'JE:~~ lIi!;;~~ili,,~~$1'7:3:3<l! ~:mi!,ii~!li'!!l;~$11,69'46fi lI1;~~iIi:'i!0l\lIlIitllli$,163:89j
Assessment with CPI (4) $173.34 $169.46
Bu(l!le.tlEDU!llilLilI.~~~"''l,~;1iiI1il :<;~:iiil'M~1!!"$75!6.1',j ~1Ji!~""ll!llillll;l81'!i9l ~,1i!1!~"iJltdL$95!20!
Percent change from prior year -7% -14% 2%
D!i1iiiifuencY~Bate(5)~,l!Jl;~JljiJli!:i.!HlI&::i!iI!J! 1~1~I!llJiJlijj~.5r43,'/o illi.1i!ll!R'liiliriiJ[,Jclilli~~1~OJOO.%
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of May 23 of each year
(3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance
(4) CPI Change for FY 2008/2009 = 2.2889084%
(5) Delinquency Rate is as of 5/12/2008
7-47
CITY OF CHULA VISTA
OSD 18 (Rancho del Sur)
2008/09 Fiscal Year District Cost Summary
Personnel Services $0.00 $0.00 $0.00
Utility Charges 996.00 996.00 996.00
Trash Collection & Disposal Fees 0.00 0.00 0.00
Water Charges 38,000.00 36,000.00 40,359.00
Services to maintain structures, grounds 5,870.00 5,870.00 5,170.00
City Staff Services 19,475.00 24,303.00 24,303.00
Contract Services 42,700.00 40,671.00 38,734.00
Landscape Supplies 986.00 986.00 986.00
Materials to maintain structures, grounds 6,875.00 6,875.00 1,200.00
Backflow Certification 0.00 0.00 0.00
Professional Services 4,450.00 3,450.00 1,325.00
Supplementals 1,800.00 2,095.00 1,230.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 0.00 1,207.00 1,207.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 0.00 0.00
Estimated Maintenance Cost $121,152.00 $122,453.00 $115,510.00
Reserve Requirement (1) $96,921.60 $91,839.75 $115,510.00
Reserve Percent 80% 75% 100%
Special Reserve 0.00 0.00 0.00
Fund Balance (2) 108.205.58 118.146.00 147.148.00
Net Assessment (3) $109,868.02 $96,146.75 $83,872.00
Equivalent Dwelling Units (EDU's) 435 435 435
CollectiblelEDU $252.57 $221.03 $192.81
Percent change from prior year 14% 15% -24%
Misc. Adjustments $0.00 $0.00 $0.00
,C9UI!J;G}TlH~.~E;;:1~'Y~flR$I~'m):(UI1'tljjijjdi!ir~~ [lliiiUill~~N~;;;;lliiG]itJIiIYH$253;OOJI ilimtJt~MH~~wJilrZiNmt$22~:{OJ)] gm;,;~Jilifilij~!!*:Wift$~.9_~;PQ~
Revenue from even doilar payment $110,055.00 $96,135.00 $83,955.00
AS_SI;,S.~MENTms1tlF;WfJ1mft!mITlmjtrlffi;m~mllif4iI1kjfu1ffi[i~~ffli
Assessment with CPI (4) $409.62 $400.45
~H:i(jtf~.t/E:PJ.I~..1~lt~ll!l':{~Iirm1Ji!iTrill!KIt;lli:.~ ~~~Qlmri[~:m1D,~::sl$~:r8~5,1~ 'di~;r;f:itlr~g;~i~[~$~8~,~5J~$ ~'h.~'!!f:;'illfit1l7~~1f,$~_6_!?:S~J
Percent change from prior year -1 % 6% 2%
D.elinqQeiicY,Rate(5)~~~iliil!1l"j !!iliil!ilL1i'il2E~m~:.lij;1i'Jlj:IL;:.l!'j""~!:;iil!ii!~3'!611?1o r~ii:"~:lJi'~t'lJ1lljLj':~!l?/ci
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of May 23 of each year
(3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance
(4) CPI Change for FY 2008/2009 = 2.2889084%
(5) Delinquency Rate is as of 5/12/2008
7-48
CITY OF CHULA VISTA
OSD 23 (Otay Rio Business Park)
2008/09 Fiscal Year District Cost Summary
':'"~,d: ',>
Personnel Services $0.00 $0.00 $0.00
Utility Charges 936.00 936.00 936.00
Trash Collection & Disposal Fees 560.00 560.00 560.00
Water Charges 7,169.00 7,669.00 9,669.00
Services to maintain structures, grounds 440.00 490.00 440.00
City Staff Services 10,246.00 9,467.00 9,467.00
Contract Services 29,459.00 30,932.00 29,459.00
Landscape Supplies 660.00 660.00 660.00
Materials to maintain structures, grounds 900.00 1,500.00 900.00
Backflow Certification 0.00 0.00 0.00
Professional Services 7,500.00 7,980.00 7,500.00
Supplementals 850.00 1,100.00 870.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 0.00 440.00 440.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 0.00 0.00
Operating Reserve Collection 0.00 7.078.71 0.00
Estimated Maintenance Cost $58,720.00 $68,812.71 $60,901.00
Reserve Requirement (1) $29,947.20 $5,849.08 $27,100.95
Reserve Percent 51% 8.50% 44.5%
Special Reserve 0.00 0.00 0.00
Fund Balance (2) 37.846.16 25.000.00 40.080.86
Net Assessment (3) $50,821.04 $49,661.79 $47,921.09
Equivalent Dwelling Units (EDU's) 90.06 90.06 90.06
Collectible/EDU $564.30 $551.43 .$532.10
Percent change from prior year 2% 4% 8%
Misc. Adjustment $0.00 ($0.55) $0.00
.CQlJl!EcJiIBl!E:;;re\ieiit$jamourit~~;~~1';[l!li~"$564\',46,~;;fiQ~~"fl$55J'!8.3l i:::,~~~'''~Jl$533!00l
Revenue from even dollar payment $50.835.27 $49,697.26 $48.001.98
p'<SSES_SM.ENT~:'~~lll;;ll!!iilli50,'!l!liililMii[" ~~"';ilii!full'll;~i!!iii,];~;.$565!46j ~'f~iI,"I~;~~:!.l551!83'; ~'li!:lil':illl~!JJi"~$533!68!
Assessment with CPI (4) $564.46 $551.83
Percent change from prior year
Pill iii'<:fuilriCY;;~atil(5):m:mi:1iIiJl'JIiiJ:'filliililllmjjj';i:1~
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of May 23 of each year
(3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance
(4) CPl Change for FY 2008/2009 = 2.2889084%
(5) Delinquency Rate is as of 5f12/2008
7-49
CITY OF CHULA VISTA
OSD 24 (Canyon View Homes)
2008/09 Fiscal Year District Cost Summary
Personnel Services $0.00 $0.00 $0.00
Utility Charges 136.00 136.00 136.00
Trash Collection & Disposal Fees 280.00 280.00 280.00
Water Charges 9,179.00 9,179.00 8,742.00
Services to maintain structures, grounds 710.00 710.00 610.00
City Staff Services 4,443.00 4,647.00 4,647.00
Contract Services 6,880.00 6,555.00 6,242.00
Landscape Supplies 400.00 400.00 400.00
Materials to maintain structures, grounds 2,700.00 2,770.00 1,530.00
Backflow Certification 0.00 0.00 0.00
Professional Services 473.00 473.00 475.00
Supplementals 370.00 427.00 830.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 0.00 221.00 221.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 0.00 0.00
Estimated Maintenance Cost $25,571.00 $25,798.00 $24,113.00
Reserve Requirement (1) $25,571.00 $21,928.30 $24,113.00
Reserve Percent 100% 85.0% 100%
Special Reserve 0.00 0.00 0.00
Fund Balance (2) 31.303.60 26.815.00 28,909.00
Net Assessment (3) $19,838.40 $20,911.30 $19,317.00
Equivalent Dwelling Units (EDU's) 40 40 40
Collectible/EDU $495.96 $522.78 $482.93
Percent change from prior year -5% 8% -14%
Misc. Adjustments $0.00 $0.00 $0.00
G.OJ.;:~fJ;.J:laJi!;l::re'yen:$1~_i1l9.uijt~~~ ~]U;~~ITsn~:Em~~$~9,Q!.o_QJ ~1ji1frttl!pllii~ijlili~1i!_$~23_:0.015 it~mpJ$~lij;,;pt~~~lUi$.4fJ31Q9}
Revenue from even dollar payment $19,840.00 $20,920.00 $19,320.00
~$.$~~~-'VI_E:~;r11mcftd~Fl!lliJJ1lEW&Ji'~m?L~:ilg~~U1illilliir~ i;;;ijfJJllimlril~kJiLij~;R$7,01;1.8~! ~1[:[~~r~:Lfr1~qmll!blFJ$_68~e:08 3
Assessment with CPI (4) $701.78
Percent change from prior year
pel rtf(n:fEH1'qyjR~t~( ~rmtHL~Si1Im~Jl:jJlmmfr!!~!!gjjMHffijmiJ
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of May 23 of each year
(3) Net Assessment = Estimated Maintenance Cost"+"Reserve Requirement + Additional Reserve - Fund Balance
(4) CPt Change for FY 2008/2009 = 2.2889084%
(5) Delinquency Rate is as of 5/12/2008
7-50
CITY OF CHULA VISTA
OSD 26 (Park Bonita)
2008/09 Fiscal Year District Cost Summary
~j II: I. . ';'.1!f
Personnel Services $0.00 $0.00
Utility Charges 0.00 133.00
Trash Collection & Disposal Fees 0.00 0.00
Water Charges 2,418.00 1,918.00
Services to maintain structures, grounds 450.00 650.00
City Staff Services 1,853.00 1,767.00
Contract Services 2,550.00 2,428.00
Landscape Supplies 200.00 200.00
Materials to maintain structures, grounds 770.00 770.00
Backflow Certification 0.00 0.00
Professional Services 600.00 600.00
Supplementals 130.00 138.00
Other 133.00 0.00
Advertising 0.00 0.00
Transfer: Corporate Yard Debt Services 0.00 nOD
Storm Maintenance 0.00 0.00
Special Maintenance Fund 0.00 0.00
Estimated Maintenance Cost $9,104.00 $8,676.00
Reserve Requirement (1) $9,104.00 $7,808.40
Reserve Percent 100% 90%
Special Reserve 4,545.40 0.00
Fund Balance (2) 13.649.40 7.554.18
Net Assessment (3) $9,104.00 $8,930.22
Equivalent Dwelling Units (EDU's) 19 19
CollectiblefEDU $479.16 $470.01
Percent change from prior year 2% 11%
Misc. Adjustments $0.00 $0.00
$0.00
133.00
0.00
1,826.00
600.00
1,767.00
2,312.00
200.00
170.00
0.00
475.00
790.00
0.00
0.00
nOD
0.00
0.00
$8,345.00
$8,345.00
100%
0.00
8.670.20
$8,019.80
19
$422.09
49%
$0.00
COl!L!ECjljIBL!Er'::e:Vejjl$ialri6'liht~'lill ~~'j;l!H!ililliH8()!0.01iJlf,'l:~~.jfm$47.0!()Ojj Ii!!JjfJi,i!II!i,'liil!\lil!!!Jiili;j"i[$,;t22;()I)l
Revenue from even dollar payment $9,120.00 $8,930.00 $8,018.00
P.t5~~J;.S,5M,E;,~illi!mllllll{m!itiU~illll!!m!lmmIL~Hl!l!il]igilmrJmH .53,8~'46E
Assessment with CPI (4) $550.78 $538.46
,~lrqg'fjJ/I:P,LJt:l!l!flgj!ill!l1kif1i'ffiOOfA~m%>ElfJI:JJ~~!fm!j~ ~~0;~ilii!tffgsm!~t$4!,9;'1,6Jj !mLlMljiW1t!ifimjHm:;JRnnJ$4.3J):~~:141
Percent change from prior year 5% 4 % 3%
[)-'!liij<lli~eh'cYiRale(5)i!W~~1i'~ii i!ii~.0Ii.'iiM~.iif.ll!Ji!lle.\i'~ ~~i!!:IIl,il!!ili~;:'5~2()% !IiIl~j!lfjl!'':''J1ji~():O()Yo
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of May 23 of each year
(3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve. Fund Balance
(4) CPI Change for FY 2008/2009 = 2.2889084%
(5) Delinquency Rate is as of 5/12/2008
7-51
CITY OF CHULA VISTA
OSD 31 (Telegraph Canyon Estates)
2008/09 Fiscal Year District Cost Summary
i'l!IliIW "~~illU!i.i~iill&t!il:_~ .
Personnel Services $0.00 $0.00 $0.00
Utility Charges 3,500.00 3,550.00 714.00
Trash Collection & Disposal Fees 1 ,960.00 1 ,960.00 1 ,960.00
Water Charges 33,951.00 31,851.00 38,851.00
Services to maintain structures, grounds 4,000.00 4,900.00 4,800.00
City Staff Services 19,337.00 22,311.00 22,311.00
Contract Services 32,170.00 30,634.00 29,175.00
Landscape Supplies 2,092.00 2,092.00 2,092.00
Materials to maintain structures, grounds 5,200.00 5,200.00 3,070.00
Backflow Certification 0.00 0.00 0.00
Professional Services 13,150.00 13,150.00 8,750.00
Supplementals 1,700.00 2,068.00 830.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 0.00 1,083.00 1,083.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 0.00 0.00
Estimated Maintenance Cost $117,060.00 $118,799.00 $113,636.00
Reserve Requirement (1) $117,060.00 $118,799.00 $113,636.00
Reserve Percent 100% 100% 100%
Special Reserve 11,000.00 0.00 0.00
Fund Balance (2) 152.862.53 144.966.00 153.381.00
Net Assessment (3) $92,257.47 $92,632.00 $73,891.00
Equivalent Dwelling Units (EDU's) 343 343 344
Collectible/EDU $268.97 $270.06 $214.80
Percent change from prior year 0% 26% -21%
Misc. Adjustments $0.00 $0.00 $0.00
C0L!L!Ec;r;IBl2!Elcreyeiin$l'amou'iitilil.~imnkl'l'~f
Revenue from even dollar payment $92,267.00 $92,610.00 $73,960.00
ASSES.SME.N'W11j1iL"1~:I'I''l,ml'~il!! lii~lillil,:;iIiiii:"i::::fii$5.68;961 illi:!!;~fi~;m:1iidP~J1f$S5.6!23~iliiJi:iii:';;y~~mililil!.$.5.3.7;,9.4r
Assessment with CPI (4) $568.96 $556.23
~QrJ!r~.tLI;.PJ,.I~~11~~~~~~,~l~2~ liHJiI1Iflli!!Jtl~lf~m$_34J':2fJb ~ilJt~~~~i1JljJili.$,3_~_()_;:~5j1 ~j;tL~1lillllf?:illk;:$.3_30:3!1~
Percent change from prior year -1% 5% 2%
Q.~I_!I:tq'.;r~:rY~'i?;8.~te( ~)ji;~mlffUUnmf~1;~immg~mlmmIUrJl~11
(1) Reserve Requirement "::: Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of May 23 of each year
(3) Net Assessment::: Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance
(4) CPt Change for FY 2008/2009::: 2.2889084%
(5) Delinquency Rate is as of 5/12f2008
7-52
CITY OF CHULA VISTA
OSD 33 (Broadway Businesss Home Village)
2008/09 Fiscal Year District Cost Summary
..il!" Ijii'. II; "
Personnel Services
Utility Charges $ $ $
Trash Collection & Disposal Fees 0.00 0.00
Water Charges 0.00 0.00
Services to maintain structures, grounds 0.00 0.00
City Staff Services 0.00 0.00
Contract Services 0.00 0.00
Landscape Supplies 0.00 0.00
Materials to maintain structures, grounds 0.00 0.00
Backfiow Certification 0.00 0.00
Professional Services 0.00 0.00
Supplementals 0.00 0.00
Other Commodities 0.00 0.00
Advertising 0.00 0.00
Transfer: Corporate Yard Debt Services 0.00 0.00
Storm Maintenance 0.00 0.00
Special Maintenance Fund 0.00 0.00
Estimated Maintenance Cost $ $ $
Reserve Requirement (1) $ $ $
Reserve Percent
Additional Reserve 0.00 0.00
Fund Balance (2) $ $ $
Net Assessment (3) $ $ $
Equivalent Dwelling Units (EDU's) 36.00 36.00
Collectible/EDU $ $ $
Percent change from prior year
Misc. Adjustments $0.00 $0.00
CClI!IiECJ:IBllEf:[eyeiij$Iaiifo,llritlillUiiililiiNiiiii
Revenue from even dollar payment
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
36.00
$0.00
Assessment with CPI (4)
.~lJ.Clg~t/~PJ:.lr~jlliJiliiE11~liHm~1rrm;!FJj#li:mmltllli1rtm::b'l~Jmm11&U
Percent change from prior year nla
Dj,liii:qtieiilcyjRatii(5)lii!l!r:i.llilll)~~~ :"J!!,j,'}i!!lijl'fi!i:lilI'J.llliill!iliJi'i,':i!E!!1i!E.<\i ~Jil.'<:If~~ 1Iiit:)\i,'i!;;ll!ii?'.;:1!!it~~
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of May 23 of each year
(3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance
(4) CPI Change fOf FY 2008/2009 = 2.2889084%.
(5) Delinquency Rate IS as of 5/12/2008
7-53
CITY OF CHULA VISTA
OSD Bay Boulevard
2008/09 Fiscal Year District Cost Summary
Personnel Services $0.00 SO.OO $0.00
Utility Charges 1,092.00 1,092.00 1,092.00
Trash Collection & Disposal Fees 475.00 475.00 475.00
Water Charges 5,400.00 5,400.00 3,221.00
Services to maintain structures, grounds 600.00 600.00 600.00
City Staff Services 6,280.00 6,098.00 6,098.00
Contract Services 0.00 0.00 0.00
Landscape Supplies 850.00 850.00 850.00
Materials to maintain structures, grounds 230.00 230.00 230.00
Backflow Certification 0.00 0.00 0.00
Professional Services 0.00 0.00 0.00
Supplementals 270.00 236.00 830.00
Other Commodities 0.00 0.00 0.00
Advertising 180.00 180.00 180.00
Transfer: Corporate Yard Debt Services 0.00 111.00 111.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 0.00 0.00
Estimated Maintenance Cost $15,377.00 $15,272.00 $13,687.00
Reserve Requirement (1) $15,377.00 $15,272.00 $13,687.00
Reserve Percent 100% 100% 100%
Special Reserve 15,000.00 0.00 0.00
Fund Balance (2) 30 867.09 11.347.00 7,816.00
Net Assessment (3) 14,886.91 $19,197.00 $19,558.00
Equivalent Dwelling Units (EDU's) (4) 6.39 6.39 6.39
Collectible/EDU $2,329.72 $3,004.23 $3,060.72
Percent change from prior year -22% -2% 26%
Misc. Adjustments $0.00 $0.00 $0.00
O,9I2UlI;~II~lR_I;;;;r~y~til$J.~jJi'C):Mh~:t~!illEiJJlli1i ~ll11llilifGJffi!!ZWlirl&JfJill:.$2;3.39!O()j: ~~if~~llI~$~;Q,Q~~QO~ 'klli1m!tll!kmtif1i~~1~)11f;;$:3;9611JQO~
Revenue from even dollar payment $14,888.70 $19,195.56 $19,559.79
$3,185.47
~jj!illjITwrd;iml(!f!~j~'iJHt$~;:4Q_t)ri4~!i iw;~rrRr11m~~JI&H1]1flilf~$~;;~8_9~9_aiJ im!fllj~!!;;gIr,{f;gm;~rt$~;';1.t1J~a~]
Percent change from prior year 1% 12% 1%
[leliriqjjericYiRate(6)f:1I!f!!iilIII~1if:~Il..~~ M:iiillf~)~@i~~~i,r1'~ 'lIi!#lill,M'i;l!W;jffi,1f!.'~OIOO"% ~1iIiIlii6!':l;~O!OO,%
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of May 23 of each year
(3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve. Fund Balance
(4) Equivalent Dwelling Units for the Bay Boulevard District are calculated at 1 EDU per acre
(5) CPI Change for FY 2008/2009:= 2.2889084%
(6) Delinquency Rate is as of 5/12/2008
7-54
CITY OF CHULA VISTA
OSD Town Centre
2008109 Fiscal Year District Cost Summary
Personnel Services $0.00 $0.00 $0.00
Utility Charges 0.00 0.00 0.00
Trash Collection & Disposal Fees 0.00 0.00 0.00
Water Charges 0.00 0.00 0.00
Services to maintain structures, grounds 0.00 0.00 0.00
City Staff Services 0.00 0.00 0.00
Contract Services 0.00 0.00 0.00
Landscape Supplies 0.00 0.00 0.00
Materials to maintain structures, grounds 0.00 0.00 0.00
Backflow Certification 0.00 0.00 0.00
Professional Services 0.00 0.00 0.00
Supplementals 0.00 0.00 0.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 0.00 0.00 0.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 0.00 0.00
Estimated Maintenance Cost $0.00 $0.00 $0.00
Reserve Requirement (1) $0.00 $0.00 $0.00
Reserve Percent 0% 0% 0%
Special Reserve 0.00 0.00 0.00
Fund Balance (2) 0.00 0.00 0.00
Net Assessment (3) $0.00 $0.00 $0.00
Equivalent Dwelling Units (EDU's) 512,612.00 512,612.00 512,612.00
CollectiblelEDU $0.00 $0.00 $0.00
Percent change from prior year 0% 0% 0%
Misc. Adjustments $0.00 $0.00 $0.00
!;.QJ!I.!Ec::J'II:lIlE;:;::.e~ejjk$ramoUjjt!il!Ji~1itIii:l~jl ~~~~rJi,$O:OOl ,1;.~l!;"'~!Jj~~:_)i1i$9'OO! ti~I.ililJ';S~l:'tL~~$QiOOI
Revenue from even dollar payment $0.00 $0.00
~S$_I;_S.SM.~_~IEiijj:Ilf!fdWif~!it~~l~~i2~w;muilliillilliH:l~' iiiJiJ~;rI!l!f.E~iIfitljJIi0E$O;9J).09.~: Jt;;jllfiffiNt!liMillflfIili~filil$9:00,Q,O]
Assessment with CPI (4)
e_uClgeVEOJ:J~1J~ilImmm?~lF;!iIiJw:~llilFt!i~1w1!mE1!~!if:;illi;1l!#j1~1~
Percent change from prior year
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of May 23 of each year
(3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance
(4) CPI Change for FY 2008/2009 = 2.2889084%
7-55
CITY OF CHULA VISTA
OSD Eastlake Maintenance District #1 (Otay Lakes Road)
2008/09 Fiscal Year District Cost Summary
\'!J!'Y!i.!ll1!1l1'''1 . . "
.';"jiL~~ 'L",'t:,iifu!lil-
Personnel Services $0.00 $0.00 $0.00
Utility Charges 0.00 0.00 0.00
Trash Collection & Disposal Fees 0.00 0.00 0.00
Water Charges 0.00 0.00 0.00
Services to maintain structures, grounds 0.00 0.00 0.00
City Staff Services 0.00 0.00 0.00
Contract Services 28,667.71 28,667.71 28,667.71
Landscape Supplies 0.00 0.00 0.00
Materials to maintain structures, grounds 0.00 0.00 0.00
Backflow Certification 0.00 0.00 0.00
Professional Services 0.00 0.00 0.00
Supplementals 0.00 0.00 0.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 0.00 0.00 0.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 0.00 0.00
Estimated Maintenance Cost $28,667.71 $28,667.71 $28,667.71
Reserve Requirement (1) $2,866.77 $28,094.36 $22,934.17
Reserve Percent 10% 98% 80%
Additional Reserve 0.00 0.00 0.00
Fund Balance (2) 0.00 25.074.00 20,059.28
Net Assessment (3) $31,534.48 $31,688.07 $31,542.60
Equivalent Dwelling Units (EDU's) 12,686.70 12,686.70 12,686.70
Collectible/EDU $2.49 $2.50 $2.49
Percent change from prior year 0% 0% 25%
Misc. Adjustments $0.00 $0.00 $0.00
c. .6I!IIECm[BI!E;~even'$!anl(iU'm!("4)'".l(''''''''''' f''''''''''''!'''''''''~'''''''''"$"2"!5(')!I' ~~!'>;1'''''3m''''''''Y$'2!50~ '~,,,,,,,~:!'mJE''''''ilJ:";;,,,,,,ITil!)$2!5(,),~
~........_...._...~_"_____________.iJ.____,______,, >'._________.. ___~j" ~,ittt1L.~'5!ffIit!. ________ _ ,,_iMU'~~.!:~, _ _ _ _.'1ll !i'"M'm\Il.~''>>I,~mKlf, ______11
Revenue from even dollar payment $31,716.75 $31,716.75 $31,716.75
'A,'~" 5", 5,", E,SSMENT.""-'""'"iil1'iiX~",,'m'offfl'mJ~.',,"''''''''f':l''' "\RJg"f"",ii~"~""f'l1M!o,;Ii'" !lIl!ill'i!J',ii;~iilJ~)![ri$"'(')"jj(')" ~,~"f":J:~~"1""'~""'X"J!iitJi!'it'$'b'io(')'
. .._______d~.Ji.lliii'_am:~'lN:im':i>~~,.:liI~~4illL~,1i'~"... ffiiir. ~1!t\,'__.__d~ll:UrW"rnJill~ilt;~~Jll.___.__.__21
BudgeUEDU $2.26 $2.26 $2.26
f""'#',n'---'~,',"'''K',;;,''t':t''''h- "'h.'~F.''-' '!l'i""', d~"(F"",'"','."~l;l:::"',,",,;j~E:Willtl;:;::fJtiiWI
~t:r;;.el:cefJ. -;-c _ a(1geJ!romjp,!ofiwear< ~.' . -''iJj'acl
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of May 23 of each year
(3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance
(4) This amount is reflected in the amounts for Zone A - Zone D.
(4) CPt Change for FY 2008/2009 = 2.2889084%
7-56
CITY OF CHULA VISTA
OSD Eastlake Maintenance District #1 (Zone A)
2008/09 Fiscal Year District Cost Summary
II; I' .
Personnel Services
Utility Charges
Trash Collection & Disposal Fees
Water Charges.
Services to maintain structures, grounds
City Staff Services
Contract Services
Landscape Supplies
Materials to maintain structures, grounds
Backflow Certification
Professional Services
Supplementals
Other Commodities
Advertising
Transfer: Corporate Yard Debt Services
Storm Maintenance
Special Maintenance Fund
Operating Reserve Collection
Estimated Maintenance Cost
$0.00
1,637.00
280.00
23,151.00
1,900.00
12,917.00
39,924.00
800.00
3,687.00
0.00
2,000.00
1,300.00
0.00
0.00
0.00
0.00
0.00
0.00
$87,596.00
Misc. Adjustment
0.00
$0.00 $0.00
1,637.00 1,637.00
280.00 280.00
33,151.00 35,651.00
1,900.00 1,450.00
22,340.00 22,340.00
52,089.00 49,608.00
2,000.00 800.00
3,687.00 1,000.00
0.00 0.00
800.00 950.00
2,211.00 3,550.00
0.00 0.00
0.00 0.00
1,133.00 1,133.00
0.00 0.00
0.00 0.00
165.391.41 0.00
$286,619.41 $118,399.00
$0.00 $54,463.54
0.0% 46%
0.00 0.00
69.864.17 86.923.38
$216,755.24 $85,939.16
8,429.98 8,809.30
$2.50 $2.50
$28.21 $12.26
130% 4%
($19.59) $0.00
Reserve Requirement (1)
Reserve Percent
Special Reserve
Fund Balance (2)
Net Assessment (3)
$56,937.40
65%
20,000.00
86.134.65
$78,398.75
Equivalent Dwelling Units (EDU's)
8,429.98
Otay Lakes Rd Collectible / EOU
$2.50
Collectible/EDU
Percent change from prior year
$11.80
-58%
!::91!l!!E!::JIBl!!EKc;eyeni.$.1amii'Unt.lffiWll.lrKillim
Revenue from even dollar payment
Assessment with CPi (4) $13.03 $12.74
a,4ggeV~I).U~liITilililliz~!illilijffi;Jru1mmrk'ffi!~i'Jfhlmmiill~1i~ m~);;i1lj'J;Wfa4ft~f~:l12f€),5_~ ;fiE;i:ffl~~~~_$_3.6}~6D ~~!}i'!G1f;~~Jllit$il.5;;'1;Qj
Percent change from prior year -65% 131 % 30%
[)elin-quencyJRate{5)_1!iiIiJlii!llti~J;~, ir~,':~~1.'!,i"m l'Iii;t;;~:~'l!i1:iii:i'l::1!2F1:90/, B'lit:r~'i!'.l',l'.lii,~0,83%
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of May 23 of each year
(3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve. Fund Balance
(4) CPI Change for FY 2008/2009 = 2.2889084%
(5) Delinquency Rate is as of 5/12/2008
7-57
CITY OF CHULA VISTA
OSD Eastlake Maintenance District #1 (Zone B)
2008/09 Fiscal Year District Cost Summary
Personnel Services
Utility Charges
Trash Collection & Disposal Fees
Water Charges
Services to maintain structures, grounds
City Staff Services
Contract Services
Landscape Supplies
Materials to maintain structures, grounds
Backflow Certification
Professional Services
Supplementals
Other Commodities
Advertising
Transfer: Corporate Yard Debt Services
Storm Maintenance
Special Maintenance Fund ,
Estimated Maintenance Cost
Reserve Requirement (1)
Reserve Percent
Special Reserve
Fund Balance (2)
Net Assessment (3)
Equivalent Dwelling Units (EDU's)
Olay Lakes Rd Collectible! EOU
CollectibleiEDU
Percent change from prior year
Misc. Adjustments
-
$0,00
1,228,00
0,00
13,088,00
800,00
8,524,00
16,190,00
240,00
4,070,00
0,00
4,000,00
700,00
0,00
0,00
0,00
0,00
0,00
$48,840,00
$0,00 $0,00
1,228,00 1,228,00
0,00 0,00
14,802,00 16,802,00
800,00 400,00
8,394,00 8,394,00
15,420,00 14,685,00
240,00 240,00
4,070,00 700,00
0,00 0,00
1,000,00 0,00
891,00 3,511,00
0,00 0,00
0,00 0,00
405,00 405,00
0,00 0,00
0,00 0.00
$47,250,00 $46,365,00
$47,250,00 $46,365,00
100% 100%
0,00 0,00
55,138.83 64,256,70
$39,361,17 $28.473,30
3,376,38 3,377,38
$2,50 $2,50
$14,16 $10,93
30% -25%
$0,00 $0,00
$48,840,00
100%
35,000,00
87,759,83
$44,920,17
3,376,38
$2,50
$15,80
12%
$0,00
COJ:!I.l:_~GmU:J.~E'\i~~~)il$_U~trHil(riJ~;!n:~l~L~i
Revenue from even dollar payment
~~_~.I;_~?M~E;NiT1ifr@lr.]PJiljl1~Jmlll~fill~~;~Ji)!mtitffl
Assessment with CPt (4)
Percent change from prior year
peli fUllJe"'cYl~~~e(5)!fgITf;Rml1~M:iu!!mtIDliImmmjWJWmm~:
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of May 23 of each year
(3) Net Assessment = Estimated Maintenance Cosl + Reserve Requirement + Additional Reserve - Fund Balance
(4) CPI Change for FY 2008/2009:::: 2.2889084%
(5) Delinquency Rate is as of 5/12/2008
7-58
CITY OF CHULA VISTA
OSD Eastlake Maintenance District #1 (Zone C)
2008109 Fiscal Year District Cost Summary
II; I'
Personnel Services $0.00 $0.00 $0.00
Utility Charges 0.00 136.00 136.00
Trash Collection & Disposal Fees 0.00 0.00 0.00
Water Charges 0.00 979.00 979.00
Services to maintain structures,_grounds 0.00 40.00 40.00
City Staff Services 100.00 274.00 274.00
Contract Services 0.00 0.00 0.00
Landscape Supplies 0.00 50.00 50.00
Materials to maintain structures, grounds 0.00 100.00 100.00
Backflow Certification 0.00 0.00 0.00
Professional Services 0.00 0.00 0.00
Supplementals 20.00 134.00 1.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 0.00 13.00 13.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 0.00 0.00
Estimated Maintenance Cost $120.00 $1,726.00 $1,593.00
Reserve Requirement (1) $120.00 $1,726.00 $1,593.00
Reserve Percent 100% 100% 100%
Special Reserve 9,500.00 0.00 0.00
Fund Balance (2) 8.151.09 3.285.60 (981.73)
Net Assessment (3) $1,588.91 $166.40 $4,167.73
Equivalent Dwelling Units (EDU's) 500 500 500
Otay Lakes Rd Collectible / EDU $2.50 $2.50 $2.50
CollectiblelEDU $5.68 $2.83 $10.84
Percent change from prior year 100% -74% 442%
Misc. Adjustments $0.00 $0.00 $0.00
G.Ql:!lEEC.i1iIBI!E~;"Sierit$f~jifoiJntJO'.ill~~i:il ~~Jif~iiI~..JllJi$6JOOl !lI!1!tj[~~il1.$.3'OO, 1ill~~iil!IJiijliliID$,1,1,00i
Revenue from even dollar payment $3,000.00 $1,500.00 $5,500.00
.<,\S.SESSME~T~\iFJliili:iiil'::~I;rjlliij:~ ~ii~!lli!J::J!~.$.17.6:M~ ~'!!',E~iIiii!ll!!lt$J:7.2:46Ji 1!!>fil'ii!.'!i!ili,~1I,,;ili!ii\1J:J.$1.6.6.'79.l
Assessment with CPI (4) $176.41 $172.46
_~:lfijgg_V!;P.PJWii!fi~~~1M~~:m.~:;:illi~ ~~:a~S~~~)~ijpl$.~_j.7j.11J
Percent change from prior year -56% 5%
J:)~el iri'q'uer(c;Y;LBatij( 5)llirtd!Ifl@~1m4dlli1~ltJWf~;0Th~!!;llt
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of May 23 of each year
(3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance
(4) CPl Change for FY 2008/2009 = 2.2889084%
(5) Delinquency Rate is as of 5/12/2008
7-59
CITY OF CHULA VISTA
OSD Eastlake Maintenance District #1 (Zone DJ
2008/09 Fiscal Year District Cost Summary
II. I
Personnel Services $0.00 $0.00 $0.00
Utility Charges 1,228.00 1,228.00 1,228.00
Trash Collection & Disposal Fees 280.00 280.00 280.00
Water Charges 30,298.00 35,1 98.00 41,007.00
Services to maintain structures, grounds 1,570.00 1,570.00 1,520.00
City Staff Services 15,466.00 19,864.00 19,864.00
Contract Services 26,490.00 28,500.00 27,142.00
Landscape Supplies 0.00 0.00 0.00
Materials to maintain structures, grounds 8,540.00 8,540.00 4,600.00
Backflow Certification 0.00 0.00 0.00
Professional Services 2,500.00 2,500.00 475.00
Supplementals 1,250.00 1,885.00 1,056.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 0.00 948.00 948.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 0.00 0.00
Other 0.00 27.777.20 0.00
Estimated Maintenance Cost $87,622.00 $128,290.20 $98, 120.00
Reserve Requirement (1) $87,622.00 $49,071.00 $55,437.80
Reserve Percent 100% 38.3% 56.5%
Special Reserve 35,000.00 0.00 0.00
Fund Balance (2) 140.357.49 81,291.31 60.340.80
Net Assessment (3) $69,886.51 $96,069.89 $93,217.00
Equivalent Dwelling Units (EDU's) 423.40 423.40 423.40
Otay Lakes Rd Collectible / EOU $2.50 $2.50 $2.50
Collectible/EDU $167.56 $229.40 $222.66
Percent change from prior year -27% 3% 4%
Misc. Adjustments $0.00 $0.00 $0.00
Q,QI.!L:E;,G.mII3.~l;tf{t:exi;!ht$J}im94iitill~ts!ijmt!~m~1
Revenue from even dollar payment $97,382.00 $93,994.80
A~.~.I;~~M~Nmllit;,~0]H51IT!ijurrmK!f1i:fff1!tiJ1mmm(f!ffI1mJ:jIijJ;j f~1fM!illi:gkilli::1lli:1if:flliri!ffi~$.7.~Q_:O.~jI j1ffilJ::jhiJll!iiBa{!sffilffil,crtf'ill.$:l:?7~4.~~
Assessment with CPI (4) $235.28 $230.02
Bl.ldgetJED.Ui~lil!;i~i![~'If5':!!!illi!!II'~Jiilj!!i'7..f!llll,*,lillIiL~iE!i~Jm,,!$2.09f2,1;\ 1l!l'!;;,\11i1!li@lfil!1Jlr:ll!~!$305:26.1lJlid1miif!:,'i':tj;"liilEiifi;;$23A,09~
Percent change from prior year -31 % 30% -9%
D.eliiiqueiicYiRate(5):~~~:;r~!ll !lliI:ifI;;:'.i~~~ ~;'~.~'iii.8f20J/o 'I!!iIr>i'i-1I!l1tm'lllii"ll1kili.'M1;96%
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of May 23 of each year
(3) Net Assessment;:;: Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance
(4) CPI Change for FY 2008/2009;:;: 2.2889084%
(5) Delinquency Rate is as of 5/12/2008
7-60
CITY OF CHULA VISTA
OSD Eastlake Maintenance District #1 (Zone E)
2008/09 Fiscal Year District Cost Summary
Personnel Services $0.00 $0.00 $0.00
Utility Charges 0.00 0.00 0.00
Trash Collection & Disposal Fees 0.00 0.00 0.00
Water Charges 0.00 0.00 0.00
Services to maintain structures, grounds 0.00 0.00 0.00
City Staff Services 1,163.00 1,309.00 1,309.00
Contract Services 0.00 6,080.00 6,080.00
Landscape Supplies 0.00 0.00 0.00
Materials to maintain structures, grounds 0.00 0.00 0.00
Backflow Certification 0.00 0.00 0.00
Professional Services 0.00 0.00 0.00
Supplementals 150.00 242.00 962.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 0.00 69.00 69.00
Storm Maintenance 6,080.00 0.00 0.00
Special Maintenance Fund 0.00 0.00 0.00
Estimated Maintenance Cost $7,393.00 $7,700.00 $8,420.00
Reserve Requirement (1) $7,393.00 $7,700.00 $8,420.00
Reserve Percent 100% 100% 100%
Special Reserve (2) 30,000.00 45,028.00 45,028.00
Fund Balance (3) 35.370.65 48.410.00 52,205.63
Net Assessment (4) $9,415.35 $12,018.00 $9,662.37
Equivalent Dwelling Units (EDU's) 366.3709 366.37 377.01
Collectible/EDU $25.70 $32.80 $25.63
Percent change from prior year -22% 28% 27%
Misc. Adjustment $0.00 ($5.52) $0.00
C.OI!I2ECJ1IElI!E!ZleS'.ehl$ramoiiht'lif.:!:~ iim,~~$26iO.O.l mr2.:::l~"j;!f;l[:;~$32[80A ~E.:li.~$26iOO.!
Revenue from even dollar payment $9,525.64 $12,011.42 $9,802.26
I!,S.SES.SI\1ENJ!!i<,~~m.iii!i'4l!il!~1iI ~iliIi'!iil:,~~$33!55.1 ~i~~~:Ji$32;80.; ~'_Jik'li'ItR~$.3;1W21
Assessment with CPI (5) $33.55 $32.80
Eliiage.tlE:DJJJiii:!liIJiI~!II~.:i'li~~ lI!Illilii!lliIj!1IIi!iJi1ifj:!liOO'I!lt$20:~.81 ~.iI!"{!I!;~$21!02:: id'-~~~;j!j~1$22'33J
Percent change from prior year -4% -6% 1 %
l:lelihqiiehcY,IRatii(5)!itf1m'Jltm~,'i!ilk_ 1ili~1lliii!iJi.~Ji[,2:85:'1ri
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Special Reserve is subject to change pending information from the City.
(3) Estimated fund balance as of May 23 of each year
(4) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve. Fund Balance
(5) CPI Change for FY 2008/2009 = 2.2889084%
(6) Delinquency Rate is as of 5/1212008
7-61
CITY OF CHULA VISTA
OSD 20 (Rancho del Rey Zone 1)
2008/09 Fiscal Year District Cost Summary
II: I' .
Personnel Services $0.00 $0.00 $0.00
Utility Charges 0.00 0.00 0.00
Trash Collection & Disposal Fees 0.00 0.00 0.00
Water Charges 0.00 0.00 0.00
Services to maintain structures, grounds 0.00 0.00 0.00
City Staff Services 5,824.00 7,368.00 7,368.00
Contract Services 0.00 0.00 0.00
Landscape Supplies 0.00 0.00 0.00
Materials to maintain structures, grounds 0.00 0.00 0.00
Backflow Certification 0.00 0.00 0.00
Professional Services 0.00 0.00 0.00
Supplementals 850.00 876.00 1,816.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 0.00 416.00 416.00
Storm Maintenance 25,000.00 40,000.00 40,000.00
Special Maintenance Fund 0.00 0.00 0.00
Estimated Maintenance Cost $31,674.00 $48,660.00 $49,600.00
Reserve Requirement (1) $31,674.00 $8,660.00 $9,600.00
Reserve Percent 100% 100% 100%
Special Reserve (2) 75,000.00 138,667.00 138,667.00
Fund Balance (3) 84.089.95 142.129.17 185,830.75
Net Assessment (4) $54,258.05 $53,857.83 $12,036.25
Equivalent Dwelling Units (EDU's) 876.26 876.26 882.08
Collectible/EDU $61.92 $61 .46 $13.65
Percent change from prior year 1% 350% -60%
Misc. Adjustment $0.00 ($10.95) $0.00
C,QIl!~ECJ11~~l:l~~YeH';i$Xanf(ju nt~~i1E1tl;~ t~fufillllill*Nmh'ill1h{djf:~$__62JOOJi ';J;~;1~lhhigG~~~~~illffu;iiL$,()1~89~ 1f:~ff,ur;~;m~!JlJff'El~!]jill$J~~O.OJ
Revenue from even dollar payment $54,328.12 $54,220.78 $12,349.12
~SSESSMENTI1iimlll'n~~;;IJ!I!"'A&""lii ~.~~$63!3..1~ %~~~g;~"'i!!iC$61!89i ~~?r;~:i!Il!j,j'~$59!851
Assessment with CPI (5) $63.31 $61.89
Percent Change from prior year
p~lJftq~ae'IY(jYU~~t~( 6)JFnimill1ji:!~!l!lligtjr~mli~JJ1h1b:0U
-9%
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Special Reserve is subject to change pending information from the City
(3) Estimated fund balance as of June 4th of each year
(4) Net Assessment = Estimated Maintenance Cost + ReselYe Requirement + Additional ReselYe - Fund Balance+Costs from monies previously collected
+ Amortized Costs
(5) CPI Change for FY 2008/2009 = 2.2889084%
(6) Delinquency Rate is as of 5/12/2008
7-62
CITY OF CHULA VISTA
OSD 20 (Rancho del Rey Zone 2)
2008/09 Fiscal Year District Cost Summary
'~~ITU~i,<\Jfi!f1iii!llIDUnw.' It . J{ii~
Personnel Services $0.00 $0.00 $0.00
Utility Charges 136.00 136.00 136.00
Trash Collection & Disposal Fees 0.00 280.00 280.00
Water Charges 2,400.00 5,400.00 5,364.00
Services to maintain structures, grounds 100.00 250.00 200.00
City Staff Services 3,111.00 6,663.00 6,663.00
Contract Services 7,678.00 19,519.00 18,589.00
Landscape Supplies 0.00 460.00 460.00
Materials to maintain structures, grounds 450.00 950.00 500.00
Backflow Certification 0.00 0.00 0.00
Professional Services 337.00 1,337.00 1,400.00
Supplementals 200.00 622.00 1,459.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 0.00 362.00 362.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 0.00 0.00
Operating Reserve Collection 0.00 31 ,330.46 0.00
Estimated Maintenance Cost $14,412.00 $67,309.46 $35,413.00
Reserve Requirement (1) $0.00 $0.00 $0.00
Reserve Percent 0% 0% 0%
Special Reserve 0.00 0.00 0.00
Fund Balance (2) 136.480.18) (12.253.39) 15.528.48\
Net Assessment (3) $50,892.18 $79,562.85 $40,941.48
Equivalent Dwelling Units (EDU's) 3,959.38 3,959.38 3,959.38
Collectible/EDU $12.85 $20.09 $10.34
Percent change from prior year -36% 94% 136%
Misc. Adjustment $0.00 ($21.75) $0.00
CPI;l#l::qmIJ3llil;:L7;[eytj!riI$J~(rii(fujiflit0JfL~:1U1l~h
Revenue from even dollar payment $17,975.59
A$^S.E_$_~MI;Nj1jfftillili;Thl1m15t"8~4f~;,~1im~;,~ lli;,;g~-:J:g~illlililt1!3llli!?,~:1$_~;80j :11;iIfJ~;:tit~jjf~EmtW,~_$_f1c~~~.1
Assessment with CPI (4) $4.80 $4.69
Bi.JdgetJEPU~'l1NatJ!'!i'l!!"',Q,.jj~~hi !Ii!iI'.lr.l:~3'i'.i;];:;!iJl'!ii.$3iM, f;:~~:~i~$~;7,,!()OA ~;;;-4!!l.m::~Pl!~;:,mU8!9.~:
Percent Change from prior year -79% 90% 3%
D,elinqlie'n_fYA~ate(5)~1l.Hif~~:r:f.,~t~]5~:k ft~_4L~1~!it~E~1:~:g~i!lJn ~iJ;;t~jilrr~~)~~_!A6!'!-t~?(J ~mJlmi~hiirrUilllj!mt.~W.Q!_Q~o/~
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of May 23 of each year
(3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance+Costs from monies previously collected
+ Amortized Costs
(4) CPI Change for FY 2008/2009 = 2.2889084%
(5) Delinquency Rate is as of 5/1212008
7-63
CITY OF CHULA VISTA
OSD 20 (Rancho del Rey Zone 3)
2008/09 Fiscal Year District Cost Summary
AFm~ II, 11m!
Personnel Services $0.00 $0.00 $0.00
Utility Charges 409.00 409.00 409.00
Trash Collection & Disposal Fees 0.00 0.00 0.00
Water Charges 8,189.00 8,189.00 7,799.00
Services to maintain structures, grounds 500.00 500.00 400.00
City Staff Services 6,649.00 5,618.00 5,618.00
Contract Services 16,040.00 15,275.00 14,547.00
Landscape Supplies 2,260.00 2,260.00 2,260.00
Materials to maintain structures, grounds 3,130.00 3,130.00 2,000.00
Backflow Certification 0.00 0.00 0.00
Professional Services 1,850.00 1,050.00 1,000.00
Supplementals 570.00 629.00 2,250.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 0.00 303.00 303.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 0.00 0.00
Estimated Maintenance Cost $39,597.00 $37,363.00 $36,586.00
Reserve Requirement (1) $39,597.00 $37,363.00 $36,586.00
Reserve Percent 100% 100% 100%
Special Reserve 0.00 0.00 0.00
Fund Balance (2) 44.531.42 44.518.22 43.251.02
Net Assessment (3) $34,662.58 $30,207.78 $29,920.98
Equivalent Dwelling Units (EDU's) 6,142.50 6,142.50 6,142.50
Collectible/EDU $5.64 $4.92 $4.87
Percent change from prior year 15% 1% -18%
Misc. Adjustments $0.00 $0.00 $0.00
G9.~l:E,~mII3Jl~\::r~y~:ijl$J~m'():lnit~lillimt1:~J ;J~1f,~i~~;m~~IT,$^~~()O~ ;$iii:'~~fuE[tJ:~~~~$5;OO~i ~~~~1~~Jm!i~~$,S:Q9_~
Revenue from even dollar payment $36,855.02 $30,712.52 $30,712.51
ASSESS.MEr-lT1il',-ii:f~)~:~ ?~~~!iIi'.!l!:1li..l'J"!lli.$.6:85i lIiili!Ii~!'.!J:!lit1~lF~i$6!ZO, !iIi',~';ij!'~~$6!'48,
Assessment with CPI (4) $6.85 $6.70
~_!.tggeVE;OJJj;g4!~llwgn1illli!f~ffi1NjllJjJ!!~tffijfittilibi~flt '~il~li4i~~~!i1l!h;;tir.ffib1ZI$J~:tt_5~
Percent Change from prior year 6%
Q.~_li'riqiJ~'ti'!5Y,f~,';Jt~( 5)llil;ump,~~~lrkfJjfi~~.;ii!OOITmmal?'iii
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of May 23 of each year
(3) Net Assessment =: Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance+Costs from monies previously collected
+ Amortized Costs
(4) CPI Change for FY 2008/2009 = 2.2889084%
(5) Delinquency Rate is as of 5/12/2008
7-64
CITY OF CHULA VISTA
OSD 20 (Rancho del Rey Zone 4)
200S/09 Fiscal Year District Cost Summary
" ,~~ "IIiII''''.'' '~fi.R
:it
Personnel Services $0.00 $0.00 $0.00
Utility Charges 1,200.00 409.00 409.00
Trash Collection & Disposal Fees 280.00 280.00 280.00
Water Charges 23,995.00 23,995.00 23,074.00
Services to maintain structures, grounds 1,869.00 1,869.00 1)69.00
City Staff Services 14,202.00 14,004.00 14,004.00
Contract Services 32,300.00 30,761.00 29,296.00
Landscape Supplies 860.00 860.00 860.00
Materials to maintain structures, grounds 2,380.00 2,380.00 1,500.00
Backflow Certification 0.00 0.00 0.00
Professional Services 4,000.00 2,500.00 3,000.00
Supplementals 1,180.00 1,372.00 138.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 0.00 657.00 657.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 0.00 0.00
Operating Reserve Collection 0.00 56.242.53 0.00
Estimated Maintenance Cost $82,266.00 $135,329.53 $74,987.00
Reserve Requirement (1) $55,118.22 $135,329.53 $43,492.46
Reserve Percent 67% 100% 58%
Special Reserve (2) 0.00 64,032.00 64,032.00
Fund Balance (3) 92.551.65 115,503.69 119.857.07
Net Assessment (4) $137,384.89 $219,187.37 $62,654,39
Equivalent Dwelling Units (EDU's) 2,602.49 2,602.49 2,602.49
CollectiblelEDU $52.79 $84.22 $24.07
Percent change from prior year -37% 250% 4%
Misc. Adjustments $0.00 $0.00 $0.00
O~l!!I1!I;.GJ1j1 Blg!;:[;;!~y:~tH$iiil"m(jiIij11!;1;i~1mllffim;j
Revenue from even dollar payment $137,931.97 $135,329.48 $62,459.76
~$,~I::S,S.ME.NwNifhif:ff:1ilWt~~?J:~gffrmr.ff1ff15ji~~R~1H 15N!!m&ffi;~fffiJtiDf~1liT~~m$,~,:3~lt~ij fITl~'!liftjf,1tili7G~iJih~4[i,lf[.$,~~~POK fillfiill'!l~;~~:iliriillj!2;:D!i1iii;1$,~~~1.0 A
Assessment with CPI (5) $53.19 $24.92
ll.udg"tlEQLJ~;~~,~6'i:.~<!Iie1Jj;-:riJifJllli]l!i.!i ~~i~i1f,'Yii!lff1'JlJillilli$31:6Jm ~1~~'!f~$52:00.J iliil!l;;::l;i;'i!ilJ',,:i11J5miL$2SiSJ.
Percent change from prior year -39% 80% -2%
D.eIinqu"il'cymatii(5)1~![iiiliilh,,"!I&~'iilif~ !ij~~M1i1!!f~"I"~ 1III,j;jiii!llil!'j~J~ji~.iiili'JiiO!OJ)~/. i1k~~'~~OiOO'lo
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
. (2) Special Reserve is subject to change pending information from the City
(3) Estimated fund balance as of May 23 of each year
(4) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund BaJance+Costs from monies previously collected
+ Amortized Costs
(4) CPI Change for FY 2008/2009 = 2.2889084%
(5) Delinquency Rate is as of 5/12/2008
7-65
CITY OF CHULA VISTA
OSD 20 (Rancho del Rey Zone 5)
2007/08 Fiscal Year District Cost Summary
;~1lliiWl~~~~!r H '.' ;;j~H~
Personnel Services $0.00 $0.00 $0.00
Utility Charges 3,314.00 3,314.00 3,314.00
Trash Collection & Disposal Fees 3,360.00 3,360.00 3,360.00
Water Charges 129,218.00 149,218.00 209,218.00
Services to maintain structures, grounds 12,152.00 12,152.00 11,602.00
City Staff Services 106,731.00 111,720.00 111,720.00
Contract Services 289,130.00 234,076.00 222,929.00
Landscape Supplies 7,700.00 7,700.00 7,700.00
Materials to maintain structures, grounds 18,798.00 18,798.00 8,250.00
Backflow Certification 0.00 0.00 0.00
Professional Services 93,093.00 61,093.00 9,550.00
Supplementals 9,800.00 10,877.00 1,833.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 0.00 5,669.00 5,669.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 0.00 0.00
Estimated Maintenance Cost $673,296.00 $617,977.00 $595,145.00
Reserve Requirement (1) $336,648.00 $444,943.44 $595,145.00
Reserve Percent 50% 72% 100%
Special Reserve (2) 0.00 569,912.00 569,912.00
Fund Balance (3) 388.742.12 1.176.706.60 1.317,849.86
Net Assessment (4) $621,201.88 $456,125.84 $442,352.14
Equivalent Dwelling Units (EDU's) 1,795 1,795 1,795
CollectibleiEDU $346.07 $254.11 $246.44
Percent change from prior year 36% 3% 462%
Misc. Adjustments $0.00 $0.00 $0.00
cQI!12E,C,JiIB LE!,ileV'er\j$lam"Urit'1i!llli!l"jiJfili ml!iM::,'liiiJiJ!I!!1I1iTh'1iifuiilbl$347,iOO iJ l!'IikiJiJ!;JI[I;;'M:iiml!lii:::Thi!:$255!OOiJ:!!il:1":i:liltl1lJl!l1ii;'lfil/ir!i:lm$24I!O,Ol
Revenue from even dollar payment $622,865.00 $457,725.00 $443,365.00
ASSE.sSMEr{re1t.iJlil1,r~;,jlf~~6:il !l~~i~~ 384:63,1 il!'l!i!'~i.;!i!iiill!!i:'l!.$37.6W2; Q'l!'f~f;~~'1"'iIIJl.$363:66J
Assessment with CPI (4) $384.63 $376.02
B,u(jg<itJJ:PjJIf.::!il!tliL~"~'!l1lijy~_ iJ'!lJ;~,Ji.t~j/J,$3.7.5~10i i'i1H.:ru.~""'~~iil$3Ml28.1 ~'JiIfili~JO:;Jil13.31!5.61
Percent change from prior year 9% 4% -3%
O.el i, riqijei1_'~'Y_~R_~t~(S)liWll(~r~ilt;~~~~*~!i~jJli
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Special Reserve is subject to change pending information from the City
(3) Estimated fund balance as of May 23 of each year
(4) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance+Costs from monies previously collected
+ Amortized Costs
(4) CPI Change for FY 2008/2009 = 2.2889084%
(5) Delinquency Rate is as of 5/1212008
7-66
CITY OF CHULA VISTA
OSD 20 (Rancho del Rey Zone 6)
20.0.8/0.9 Fiscal Year District Cost Summary
Personnel Services $0.00 $0.00 $0.00
Utility Charges 818.00 818.00 818.00
Trash Collection & Disposal Fees 2,240.00 2,240.00 2,240.00
Water Charges 30,200.00 30,200.00 29,071.00
Services to maintain structures, grounds 9,690.00 9,690.00 9,690.00
City Staff Services 20,352.00 19,747.00 19,747.00
Contract Services 48,200.00 46,379.00 44,502.00
Landscape Supplies 1,700.00 1,700.00 1,700.00
Materials to maintain structures, grounds 2,150.00 2,150.00 2,200.00
Backflow Certification 0.00 0.00 0.00
Professional Services 6,900.00 4,400.00 4,300.00
Supplementals 1,800.00 2,112.00 609.00
Other Commodities 0.00 0.00 0.00
Adv erti si ng 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 0.00 941.00 941.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 0.00 0.00
Estimated Maintenance Cost $124,0.50..0.0. $120.,377.0.0. $115,818.0.0.
Reserve Requirement (1) $74,430.00 $114,358.15 $115,818.00
Reserve Percent 60% 95% 100%
Special Reserve 0.00 0.00 0.00
Fund Balance (2) 81,597.55 127.858.47 150.539.96
Net Assessment (3) $116,882.45 $10.6,876.68 $81,0.96.0.4
Equivalent Dwelling Units (EDU's) 568.21 568.21 568.21
Collectible/EDU $205.70 $188.09 $142.72
Percent change from prior year 9% 32% -22%
Misc. Adjustment $0.00 ($0.01) $0.00
C,O Ul!ECJ;1 BEEI~fe)tem$f~iiiO:jjntm~:i'lful ;TIi~Hm~;Ii;jlili;lWJl11L"t~;~,$2o.6!o.Oi f1f@;jlliiilt~1!ii!il!I!ii!lillf!$,189,o.,o..llll!:~l!iE1lliftd!ljlllli:im;,1!$~:43!o.Ol
Revenue from even dollar payment $117,051.26 $107,391.68 $81,254.03
~S,~E;~.$JYIENiIrl1#;:~~5i~t!f[~11'ffifJfitl~kfL#~~jtq!fj~~~ f;ijlt:i~h~'WJffil~~1!l~!:J5E54:f it;!~ffi;!!1!~~~It!~,$_28.8:~~;t ri;lID)'~~~l~iffi;~fn~~$~Z~~~_$n
Assessment with CPI (4) $295.54 $288.93
Bua!le.tJ.E[)lJ::;,?:1ffi!tf~~ilbJI,'j~"I!!ll1ilil!!iiltiliii'::~.iIiflI ~"'~1J!SI!IlIi6',l$2,18:32, ilEi,~Ji'\'ilh'il:l!!:!Il!i~$2~,1!85! \ililJ!lilJ!l;"!;lt;;~1lillII11.,$203!83j
Percent change from prior year 3% 4% 3%
D.elii1qjjen-CY1Ratii(5),'l!::4llil~]l!;'Jt~~.iiil1liftiil ~ill!jglillif:lill'<!I!~':i:JJL'ii.~ lii:iiJ1:ill''Jll:ii:li!li('ii1!'k:l!;it\:iiI8!~ 0.,% 1rrr./J:l!iIIjJiZI!;::;;~liIIl'Jll!,1\'~,1:,/o
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of May 23 of each year
(3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve. Fund Balance+Costs from monies previously collected
+ Amortized Costs
(4) CPI Change for FY 2008/2009 = 2.2889084%
(5) Delinquency Rate is as of 5/12/2008
7-67
CITY OF CHULA VISTA
OSD 20 (Rancho del Rey Zone 7)
2008/09 Fiscal Year District Cost Summary
:',5;
Personnel Services
Utility Charges
Trash Collection & Disposal Fees
Water Charges
Services to maintain structures, grounds
City Staff Services
Contract Services
Landscape Supplies
Materials to maintain structures, grounds
Backflow Certification
Professional Services
Supplementals
Other Commodities
Advertising
Transfer: Corporate Yard Debt Services
Storm Maintenance
Special Maintenance Fund
Operating Reserve Collection
Estimated Maintenance Cost
Reserve Requirement (1)
Reserve Percent
Special Reserve
Fund Balance (2)
Net Assessment (3)
Equivalent Dwelling Units (EDU's)
Collectible/EDU
Percent change from prior year
Misc. Adjustment
II; I'
$0.00
1,159.00
560.00
62,760.00
3,000.00
32,047.00
89,850.00
1,000.00
5,140.00
0.00
0.00
2,900.00
0.00
0.00
0.00
0.00
0.00
0.00
$198,416.00
$0.00 $0.00
1,159.00 1,159.00
2,240.00 2,240.00
66,760.00 80,760.00
17,150.00 16,550.00
45,066.00 45,066.00
110,319.00 105,065.00
3,750.00 3,750.00
10,140.00 3,550.00
0.00 0.00
16,810.00 6,500.00
4,892.00 1,590.00
0.00 0.00
0.00 0.00
2,231.00 2,231.00
0.00 0.00
0.00 0.00
118.414.47 0.00
$398,931.47 $268,461.00
$0.00 $107,384.40
0% 40%
0.00 0.00
148.786.83 174.381.19
$250,144.64 $201,464.21
1,176.79 1,176.79
$212.57 $171.20
24% 3%
($8.74) $0.00
$198,416.00
100%
45,000.00
227.979.07
$213,852.93
1,176.789
$181.73
-15%
$0.00
cQLLEci11I.Bl!EnHC""..h;:$IahiOuhtnin1'!N!Iii,TInli!'
Revenue from even dollar payment
Percent change from prior year
o.~li rl'cf(feIf9Y,1 R~tt;!(~)'!jHj0mmHiYilITfJmlrnmm!lmf2;!!ff#iimL:S
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of May 23 of each year
(3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance+Costs from monies previously collected
+ Amortized Costs
(4) CPJ Change for FY 2008/2009 = 2.2889084%
(5) Delinquency Rate is as of 5/12/2008
7-68
CITY OF CHULA VISTA
OSD 20 (Rancho del Rey Zone 8)
2008/09 Fiscal Year District Cost Summary
Personnel Services $0.00 $0.00 $0.00
Utility Charges 0.00 0.00 0.00
Trash Collection & Disposal Fees 0.00 0.00 0.00
Water Charges 0.00 0.00 0.00
Services to maintain structures, grounds 0.00 0.00 0.00
City Staff Services 1,060.00 0.00 0.00
Contract Services 0.00 0.00 0.00
Landscape Supplies 0.00 0.00 0.00
Materials to maintain structures, grounds 0.00 0.00 0.00
Backfiow Certification 0.00 0.00 0.00
Professional Services 0.00 0.00 0.00
Supplementals 0.00 0.00 0.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 0.00 0.00 0.00
Storm Maintenance 3,000.00 0.00 0.00
Special Maintenance Fund 0.00 0.00 0.00
Estimated Maintenance Cost $4,060.00 $0.00 $0.00
Reserve Requirement (1) $4,060.00 $0.00 $0.00
Reserve Percent 100% 75% 75%
Special Reserve (2) 10,000.00 22,267.40 22,267.40
Fund Balance (3) 13,310.10 18.493.55 21.018.04
Net Assessment (4) $4,809.90 $3,773.85 $1,249.36
Equivalent Dwelling Units (EDU's) 118.82 118.82 118.82
Collectible/EDU $40.48 $31.76 $10.51
Percent change from prior year 27% 202% -72%
Misc. Adjustments $0.00 $0.00 $0.00
C.ollt!ECJ'iIBl!E\:!.ey'"ril$13moUritlm!L~ ~!J;ilIIII!lif~di.i.iim$flO!()03 ~~~~~$32!00J ~!'~'''lii[~$1,1mO.\
Revenue from even dollar payment $4,752.80 $3,802.24 $1,307.02
~SSESSMENJ~~lJ.:![~~~~,J'4iI!Ii ~:;r!Jfhi!!l~I::J!:$!l2;061~~~\lii$!l1:[,12Ililil;;'iii'!l1.~i:l!i$3.9,;:6.'
Assessment with CPI (5) $42.06 $41.12
BU.dgeVE[)lJJl!ll!iiiilit'lii~1'l,,9[:,1Ilt~!il ~.l1!liJi::i1i/iii!li;]f.iI!il$34~,1i7Jl !i5ll'A'::1!m~.$9;OOI HJh~!iHg~IiI$O!O.OJ
Percent change from prior year 3317% 0% -100%
P.~liliq))~ti.gYJ~~t~(6)~~~i5.:t~1~ w.fllii!t~Jiiff~1 ~~~KP.a~1.9H.).91%J ~~~YliJ?i~itif1lit1'_~%
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Special Reserve is subject to change pending information from the City
(3) Estimated fund balance as of May 23 of each year
(4) Net Assessment:::: Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance+Costs from monies previously collected
+ Amortized Costs
(5) CPI Change for FY 2008/2009:::: 2.2889084%
(5) Delinquency Rate is as of 5/12/2008
7-69
CITY OF CHULA VISTA
OSD 20 (Rancho del Rey Zone 9)
2008/09 Fiscal Year District Cost Summary
~;"!Jj,lfMJjiJ;'~]umHWlil,ll . "mM,\~" .~
,:~';
Personnel Services $0.00 $0.00 $0.00
Utility Charges 0.00 0.00 0.00
Trash Collection & Disposal Fees 0.00 0.00 0.00
Water Charges 0.00 0.00 0.00
Services to maintain structures, grounds 0.00 0.00 0.00
City Staff Services 1,346.00 310.00 310.00
Contract Services 1,435.00 1,435.00 1,435.00
Landscape Supplies 0.00 0.00 0.00
Materials to maintain structures, grounds 0.00 0.00 0.00
Backflow Certification 0.00 0.00 0.00
Professional Services 0.00 0.00 0.00
Supplementals 100.00 88.00 245.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 0.00 41.00 41.00
Storm Maintenance 3,000.00 3,000.00 3,000.00
Special Maintenance Fund 0.00 0.00 0.00
Est/mated Maintenance Cost $5,881.00 $4,874.00 $5,031.00
Reserve Requirement (1) $0.00 $0.00 $1,401.39
Reserve Percent 0% 0% 69%
Special Reserve (2) 0.00 992.00 992.00
Fund Balance (3) 2.967.46 885.05 5.784.93
Net Assessment (4) $2,913.54 $4,980.95 $1,639.46
Equivalent Dwelling Units (EDU's) 52.4611 52.46 52.46
Collectible/EDU $55.54 $94.95 $31.25
Percent change from prior year -42% 204% 4%
Misc. Adjustment $0.00 ($2.21) $0.00
OQL:;Il!r;,GJJa,LfE;[4,leV:E!JiL$~~rri'i:>:uri't~NfE3m~~Q ~itllli1~lillfrlmRif,%llti;w,$$2f~4~1h.m1ITllllillii~tlmRtiili!JifiNI~~,$~,1H)_Q,~
Revenue from even dollar payment $1,751.68 $1.710.08 $1,626.26
ASSI:.~~.MENJ:Zjim,i~ai!iifR~~Ji!iI!i~-;!II!;{:lii iill!Iii:'If~li!c'i\1$33B91 ;~~_-iJjUi!ITll$32r64% ~~):;;'l!!lii[bjiilil!il.$3~';561
Assessment with CPI (4) $33.39 $32.64
U. g~.._._. j .. J1IIl:1!lt'iiit1l1lfci;~'21!..~~1I!'M [!lilr\~~$;1.12!,10] IE"ilL'il!Ji.l~li!lr!~$35;'7i21 iill~ii;["~$3_8!--[2l
Percenf change from prior year 214% -8% -13%
p'.eli_n':(H(~iicYl~ate_(!?)~:!iti1jj1:~[Wdjjtj~& ~~!JZ~im;t4!8.Q% D1tlmt~)~I!tJiJt*!l.~M#fQt~.7"%
(1) Reserve Requirement'" Estimated Maintenance Cost x Reserve Percent
(2) Special Reserve is subject to change pending information from the City
(3) Estimated fund balance as of May 23 of each year
+ Amortized Costs
(4) CPI Change for FY 2008/2009 = 2.2889084%
(5) Delinquency Rate is as of 5/12/2008
7-70
RESOLUTION NO. 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE ENGINEER'S REPORT
FOR THE FrSCAL YEAR 2008/2009 SPREAD OF
ASSESSMENTS FOR OPEN SPACE DISTRICTS 1 THROUGH
II, 14, 15, 17, 18,20,23,24,26,31 AND 33, EASTLAKE
MAINTENANCE DISTRICT NO. 1 (ELMO #I), AND BAY
BOULEVARD MAINTENANCE DISTRICT; DECLARING THE
INTENTION TO LEVY AND COLLECT THE ASSESSMENT;
AND SETTING A PUBLIC HEAR[NG REGARDING THESE
ASSESSMENTS
WHEREAS, pursuant to Anicle 4, Chapter I, part 2 of Division 15 of the Califomia
Streets and Highways Code, also known as "Landscaping and Lighting Act of 1972" and Chub
Vista Municipal Code Chapter 17.07, NBS Govemment Finance Group, dba NBS, has prepared
and filed, on behalf of and under the direction of the City Engineer, this annual repon
(Engineer's Report) for all existing Open Space Maintenance Districts in the City of Chub Vista
(City); and
WHEREAS, this Engineer's Repon is presented to the Council for approval in order to
proceed with the public hea['ing set for July 8, 2008, in accordance with the Landscaping and
Lighting Act of 1972. This RepOt1 covers Open Space Districts 1 through 11, [4,15,17,18,20,
23, 24, 26, 31 and 33, Eastlake Maintenance District No.1, and Bay Boulevard Maintenance
District; and
WHEREAS, the proposed assessments for Fiscal Year 2008/2009 are as follows:
~A~~i~~Wl~h't,'W~~~E'Du~tiJ ~~;,C'6rr€~n~';~i;~j~!E'DUllml~ IIp;~~~~~~W;8~~'i1~~~fcb'il~'gti'b'i~ii
Proposed FY Proposed FY Projected
Open Space District or Zone FY 07/08 08/09 FY 07/08 08/09 Variance($) Variance (%) Revenue
1 $114.91 $117.54 5113.00 $110.00 ($7.54) -6.41% 572,341.50
2 53.30 54.52 53.00 54.00 (0.52) -0.95% 13.446.00
3 364.90 373.25 364.90 373.25 0.00 0.00% 47.402.75
4 385.42 394.24 385.42 388.00 (6.24) -1.58% 81.480.00
5 375.84 384.44 360.00 339.00 (45.44) -11.82% 41,358.00
6 185.86 190.11 163.00 162.00 (28.11) -14.79% 26,24400
7 129.84 132.81 129.84 132.00 (0.81) -0.61% 13,728.00
8 593.12 606.70 591.00 591.00 (15.70) -2.59% 65,010.00
9 168.10 171.95 168.10 154.00 (17.95) -10.44% 59,136.00
10 113.43 11603 113.00 115.00 (1.03) -0.88% 75.412.40
11 114.78 117.41 114.00 101.00 (16.41) -13.98% 133.425.04
14 368.99 377.44 368.99 373.00 (4.44) -1.18% 321,899.00
15 354.02 362.12 354.00 354.00 (8.12) -2.24% 20,178.00
17 169.46 173.34 116.00 111.00 (62.34) -35.96% 5,106.00
18 400.45 409.62 221.00 253.00 (156.62) -38.24% 110,055.00
20
Zone 1 ~ Desilting Basin 61.89 63.31 61.89 62.00 (1.31) -2.06% 54,328.12
Zone 2 - Rice Canyon 4.69 4.80 4.69 4.80 0.00 0.06% 19,005.02
Zone 3 - H Street 6.70 6.85 5.00 6.00 (0.85) -12.45% 36,85502
H.\C\GI:-JEE~',KESOS\Rcs,\,:()!1l(\(J{,-17-08\ROI Opcn Spacc l.C\'Y IIL'I il1d~ldil1;; T(l"'rl (7"m:7,.,ld by ccn(1c
Resolution No. 2008-
Page 2
~jAi~:~;-~irt'iiJE'EDu~~ ~'6irE;~~'bi~~~ti1fEDu1N!;m ~~~~li.rili~~&~~t16'i~;: .~
;- 'II;.;",.:; _ , _"d"~..
Proposed FY Proposed FY Projected
Open Space District or Zone FY 07/08 08/09 FY 07/08 08/09 Variance($) Variance (%) Revenue
Zone 4 - Business Center 52.00 53.19 52.00 53.00 (0.19) ~O.36% 137,931.97
Zone 5 - SPA I 376.02 384.63 255.00 347.00 (37.63) -9.78% 622,865.00
Zone 6 - SPA II 288.93 295.54 189.00 206.00 (89.54) -30.30% 117,051.26
Zone 7 - SPA III 178.35 182.43 178.35 182.00 (0.43) -0.24% 214,175.60
Zone 8 - N Desilting Basin 41.12 42.06 32.00 40.00 (2.06) -4.90% 4,752.80
Zone 9 - Tel Cyn Channel 32.64 33.39 32.64 33.39 0.00 0.00% 1,751.68
23 551.83 564.46 551.83 564.46 0.00 0,00% 50,83527
24 686.08 70 1.7 8 523.00 496.00 (205.78) -29.32% 19,840.00
26 538.46 550.78 470.00 480.00 (70.78) -12.85% 9,120.00
31 556.23 568.96 270.00 269.00 (299.96) -52.72% 92,267.00
33 (1) 1,374.66 1,406.12 0.00 0.00 N/A(4) NIA(4) 0.00
ELMO No. 1
Otay Lakes Rd(2) N/A N/A 2.50 2.50 0.00 0.00 31,716.75
Zone A . Eastlake I 12.74 13.03 12.74 12.00 (1.03) -7.92% 101,159.79
Zone B - Eastlake Greens 20.82 21.30 15.00 16.00 (5.30) -24.87% 54,022.08
Zone C - Oly Training etf 172.46 176.41 3.00 6.00 (170.41) -96.60% 3,000.00
Zone 0 . Salt Creek I 230.02 235.28 230.00 168.00 (67.28) -28.60% 71,131.20
Zone E - Tel Cyn Chnl(3) 32.80 33.55 32.80 26.00 (7.55) .22.51% 9,525.64
Bay Boulevard(4) 3,185.47 3,258.38 3,004.00 2,330.00 (928.38) -28.49% 14,888.70
Total Projected Revenues $2,752,444.59
(1) OSD 33 was formed several years ago In anticipation of development. The project has not progressed and consequently there is no
maintenance required. Should the project develop in the future
(2) Zones A - 0 share in the cost of Otay Lakes Road medians and off-site parkways. Collectible and projected revenue for Otay Lakes
Road are reflected in collectible and projected revenue for Zones A-D. A budget for Otay Lakes Road is currently pending.
(3) Portions of Eastlake I and Eastlake Greens are in this benefit area.
(4) Bay Boulevard rates are based on acres.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista approves this Engineer's Report to declare its intention to levy and collect assessments for
the Fiscal Year 2008/2009 for the spread of assessments for City Open Space Maintenance
Districts 1 through II, 14, 15, 17, 18,20,23,24,26,31 and 33 Eastlake Maintenance District #1,
and Bay Boulevard Maintenance District, a copy of which is on file in the office of the City
Clerk.
BE IT FURTHER RESOLVED that the City Council sets July 8, 2008, at 6:00 p.m. in
the City Council Chambers, City of Chula Vi5ta, 276 Fourth A venue, Chula Vista, California as
the date and time for the public hearing on the assessments.
Presented by:
Approved as to fonn by:
Richard A. Hopkins
Director of Engineering
~~ It J(;~~ /jo~
Bart C. Miesfeld v
City Attomey
1f.\E;-';GINEr:R\RESOS',R~s,'>:(1)~\nh.1 ;-03\ROI Opell SP'lCC Le,"y nol in..:!",Jing Town C7,>rerJ.,'i2'J by CC d<.lc
RESOLUTION NO. 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING THE ENGINEER'S
REPORT FOR THE FISCAL YEAR 2008/2009 SPREAD
OF ASSESSMENTS FOR THE TOWN CENTRE
MAINTENANCE DlSTRICT; DECLARING THE
lNTENTlON TO LEVY AND COLLECT THE
ASSESSMENT; AND SETTING A PUBLIC HEARING
REGARDING THE ASSESSMENT
WHEREAS, pursuant to Article 4, Chapter I, part 2 of Division 15 of the
California Streets and Highways Code, also known as "Landscaping and Lighting Act of
1972" and Chula Vista Municipal Code Chapter 17.07, NBS Government Finance Group,
dba NBS, has prepared and filed, on behalf of and under the direction of the City
Engineer, this annual report (Engineer's Report) for all existing Open Space Maintenance
Districts in the City of Chula Vista (City); and
WHEREAS, this Engineer's Report is presented to the Council for approval in
order to proceed with the public hearing set for July 8, 2008, in accordance with the
Landscaping and Lighting Act of 1972. This Report covers the Town Centre
Maintenance District; and
WHEREAS, the proposed assessments for Fiscal Year 200812009 are as follows:
[:WA~:;;'~~~!ffi~llt,'ri~~:EDU:;~ '~-''''''.-<<'''''''''''!~''''l.Jtl''''''l-;:jl~''-'''''H!;~~ ?A~~~~~ffil~i1-e~C'gTi~'Bti~i'~1 ~ii!'"i!1lil'I.f.J!!~
iili:'J1C'ollectibh~TD'er~ EDU.,,", ~ .::, 'nt i&~..., _ .~
Proposed FY Proposed FY Projected
Open Space District or Zone FY 07/08 08/09 FY 07/08 08/09 Variance($) Variance ('!o) Revenue
Town Center (1) 0.11 0.12 0.00 - 0.00
(1) Town Centre rates have been based on parcel square footage since FY 2001/02. However, a Downtown PBID replaced this District in
2001, but the City determined that there was some potential long-term exposure for the City based on the remote potential thallhe current
PBID might not receive sufficient support for re-approval in the future.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Chula Vista that it approves this Engineer's Report to declme its intention to levy and
collect assessments for the Fiscal Year 200812009 for the spread of assessments for the
Town Centre Maintenance District, a copy of which is on file in the office of the City
Cleric
1I\1,;-';GINEER\RESOS\l1.c,os~(J()~\Il()-17-r)lM(OI Opell SP'lLt L""y TOWIl C"I1!1~ '7'i:::'~Y'J do"
Resolution No. 2008-
Page 2
BE IT FURTHER RESOLVED that the City Council sets July 8, 2008, at
6:00 p.m. in the City Council Chambers, City of Chula Vista, 276 Fourth Avenue, Chula
Vista, Califomia as the date and time for the public hearing on. the assessment.
Presented by:
Approved as to fom1 by:
Richard A. Hopkins
Director of Engineering
'-!~ !a~ t-v'-
Bart C. Miesfelcf U
City Attomey
InE.\lGINEER'.RESOS\R~s,,~~O(jR\06-17-0S\ROI Opc:n Space Levy Town CenCI"<: 7-~/'f4CdClC
CITY COUNCIL
AGENDA STATEMENT
~'l;",;,~'
..:~W~ CITY OF
~ CHUlA VISTA
c,
JUNE 17, 2008, ltem i...'
ITEM TITLE:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE RENEWAL OF AN
AGREEMENT WITH THE SWEETWATER UNION HIGH
SCHOOL DISTRICT FOR THE JOINT USE OF THE
LIBRARY FACILITY AT EASTLAKE HIGH SCHOOL
LIBRARY DIRECTOR 'tV
CITY MANAGER
ASSISTANT CIT
SUBMITTED BY:
REVIEWED BY:
SUMMARY
The agreement between the City of Chula Vista and the Sweetwater Union High School
District, providing for the joint use of the Eastlake High School Library, expires on June
30, 2008. A new agreement to continue this popular collaborative venture has been
negotiated and is expected to be approved by the Sweetwater District Board on June 16,
2008.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for
compliance with the California Environmental Quality Act (CEQA) and has determined
that there is no possibility that the activity in question may have a significant effect on the
environment; therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines
the activity is not subject to CEQA. Thus, no environmental review is necessary.
4/STHS VOTE: YES D NO ~
RECOMMENDATION
That City Council adopt the Resolution.
BOARDS/COMMISSION RECOMMENDATION
At their meeting of May 21, 2008, the Library Board of Trustees voted to recommend
approval of an agreement between the City and the Sweetwater Union High School
District, providing for the continuation of a joint use library at Eastlake High School for a
two-year period ending on June 30, 2010, with two one-year options to renew
(Attachment "A").
8-1
DISCUSSION
In August 1993, the City and Sweetwater Union High School District entered into the
first agreement to jointly provide library services at Eastlake High School. In September
1999, the agreement was renewed for a third time. This innovative partnership has
resulted in the City's ability to provide very popular library services to the eastside of the
city.
Library staff with support from the City Attorney's Office, has negotiated another multi-
year agreement (Attachment "B"). The proposed renewal agreement continues the basic
premises of previous agreements.
The District will:
· Allow the City to use the Facility, rent free, for public library services, with hours
beginning no earlier than 3:30 p.m. and ending no later than 9:00 p.m. Monday
through Thursday, and Saturday hours of 9:00 a.m. to 6:00 p.m. (the library
would close to the public at 5:00 p.m.).
· Provide for all custodial service on all days of operation and pay for all utilities,
except for the City Library's fax line.
· Provide ten (10) or more public access computer workstations with three (3) or
more networked printers and printer supplies.
· Provide on-campus parking for the public and staff.
The City will:
o Catalogue all School Library materials and provide the School Library and the
District access to the City's automated library system, including circulation and
online catalog functions, following City policies regarding patron registration,
loan periods, fines, access to materials and restrictions for delinquencies.
o Provide access to the City information network via frame relay.
· Provide six (6) computer workstations for access to the catalog and three (3)
computer workstations for circulation purposes.
Both parties agree to make reasonable efforts to maintain and enrich the book collection.
Both parties also agree to allow all patrons equal access to all library materials, regardless
of jurisdiction or ownership. Neither party shall remove, label or prohibit access to any
library material owned by the other party.
Both parties also agree to staff the Library Facility with qualified, competent,
professional, and team oriented employees that will strive to provide excellent customer
service, work cooperatively, and keep the best interests of the students and public as their
number one priority.
The terms of the proposed renewal agreement would expire June 30, 2010. There are
also two (2) one-year options to renew the agreement, which are to be executed by June
30 of each year after 2010.
On June 16,2008, the Board of the Sweetwater Union High School District is expected to
approve this renewal.
8-2
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property
holdings within 500 feet of the boundaries of the property which is the subject of this
action.
FISCAL IMP ACT
The Fiscal Year 2008/09 budget includes funding in the amount of $270,248 to operate
the Eastlake Library.
ATTACHMENTS
A: May 21, 2008 Draft Minutes of the Library Board of Trustees
B: Eastlake Library Renewal Agreement
8-3
~.~~.~
PUBLIC LIBRARY
(HULA VISTA
DRAFT
MINUTES
LIBRARY BOARD OF TRUSTEES
Attachment A ~\ft...
~
-- - ----
- --
CITY OF
(HULA VISTA
MAY21,2008
4:00PM
CIVIC CENTER LIBRARY
CONFERENCE ROOM
BOARD MEMBERS PRESENT:
CHAIR VALERIO, TRUSTEES 0 LiNDER, S LiNDER,
& STILLMAN
BOARD MEMBERS ABSENT:
TRUSTEE MARTINEZ
CITY STAFF PRESENT:
LIBRARY DIRECTOR LEAH BROWDER, ASSISTANT
LIBRARY DIRECTOR ROD REINHART, SECRETARY
ANNA GIULIANO, SR. MANAGEMENT ANALYST
MARIYAANTON
OTHERS PRESENT:
JOAN ROSEMAN, FRIENDS OF THE LIBRARY
I. CALL TO ORDER I ROLL CALL
Board Chair Valerio called the meeting to order at 4:02pm
II. ApPROVAL OF MINUTES
Motion was made (0 Linder I S Linder) to accept the Minutes of the April 16, 2008
Regular meeting. Motion was unanimously carried.
III. CONTINUED MATTERS
A. FY 2007-2008 - Discussion regarding the current budget took place; the Library
continues to work with Finance for a trouble-free turnover to the new budget year.
B. FY 2008-2009 - Retirement of Assistant Library Director Roderick Reinhart was
announced; his last day is scheduled to be August 4, 2008. Trustees were advised that
they would attempt to fill the assistant director's position as well as that of an Associate
who would also be retiring; however, it may not be done until the end of the calendar
year due to the hiring freeze. Discussion regarding Fiscal Year 2008-2009 took place
and it was mentioned the City Manager was happy expanded hours would be returned to
the Civic Center Branch; new hours to take affect on August 1, 2008.
Director Browder advised she had attended a meeting of the Veteran's Advisory
Commission regarding a "Veteran's Wing" at the Civic Center Branch and the suggestion
was met with enthusiasm. Members of the VAC advised Ms. Browder to also contact
the Veterans of Foreign Wars, the American Legion and the Veteran's Affairs Committee
asking for support.
Remodeling of the Civic Center Branch was discussed. Re-carpeting of the Children's
Room at the Civic Center Branch is scheduled for the Memorial Day weekend. Chair
Valerio advised that pictures of before & after should be taken and the Friends of the
8-4
Attachment A
DRAFT
MINUTES
liBRARY BOARD OF TRUSTEES
Library should send out a press release. Fundraising for further renovation was
discussed as well as fundraising for a bookmobile.
C. REORGANIZATION - Discussion regarding the Library's reorganization took place with
Director Browder advising the move would take place the first week of June in order to
have everything in place when the expanded hours take effect as well as the library's
new centralized schedule.
IV. NEW BUSINESS
A. BOOK DROP FOR SOUTH
A memo submitted by Ramiro Gonzalez, South Branch Manager, was distributed.
Director Browder advised she would contact General Services to ascertain if the
approximate $7,000.00 would be enough to cover installation of two book drop boxes at
the South Branch.
B. Chula Vista Land Deal for UniversitylTechnology Park
Chair Valerio discussed the option of the City using newly acquired land in east Chula
Vista set aside for a possible university to build a library on. Board of Trustees felt the
option should be further investigated.
C. School District Agreements
Trustees were advised that two school district agreements would expire June 30, 2008;
the Eastlake agreement with the Sweetwater Union High School District and the After
School Program agreement with Chula Vista Elementary School District.
After a short discussion, Motion was made (Stillman / S Linder) to recommend City
Council approve the Resolution approving the renewal of an agreement with the
Sweetwater union High School District for the joint use of the library facility at Eastlake
High School. Motion unanimously passed
Motion was made (Stillman / D Linder) to recommend City Council approve the
Resolution approving the FISCAL YEAR 2008/2009 Memorandum of Understanding
between the City of Chula Vista and the Chula Vista Elementary School District
regarding joint operation of the Dynamic After School Hours (DASH) after school
program, and the Safe Time for Recreation, Enrichment, and Tutoring for Children
(STRETCH) extended school day educational program. Motion unanimously passed.
V. LIBRARY DIRECTOR'S REPORT
A. MONTHLY REPORT
It was noted that E-Books were not doing well because the download process is not very
user friendly, also its application is limited to only MP3 players.
B. National Arts Program Display
Trustees were advised that art from the National Arts Program would be on display for
two weeks in the Civic Center Branch and winners would be moved to the South Branch
to be displayed. Trustees were invited to the awards ceremony on June 14th at the
South Branch.
8-5
Attachment A
DRAFT
MINUTES
LIBRARY BOARD OF TRUSTEES
C. OTHER
S Linder asked if the option of opening store front with Rancho del Rey materials was
still feasible? Library Director advised that that possibility as well as a bookmobile
possibility were being considered.
VI. COMMUNICATIONS
A. FRIENDS
President of the Friends of the Library, Joan Roseman, advised the group has been very
busy; their online books have made over $9,000 since opening. Ms. Roseman also
distributed the first issue of the Friends newsletter and advised of a book sale on June
7th at the Civic Center library.
B. PUBLIC COMMENTS
Trustees were reminded they would be voting for a Chair and Vice-Chair at the June 18th
meeting.
C. WRITTEN COMMENTS
None
D. BOARD COMMENTS
None
VII. ADJOURNMENT
MEETING WAS ADJUOURNED AT 5:33
Next meeting scheduled:
Regular Meeting - Wednesday, June 18, 2008 at 4:0~pm
Respectfully Submitted:
Approved:
Anna Giuliano, Secretary
8-6
RESOLUTION NO. 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE RENEWAL OF AN
AGREEMENT WITH THE SWEETWATER UNION HIGH
SCHOOL DISTRICT FOR THE JOrNT USE OF THE LIBRARY
F ACILITY AT EASTLAKE HIGH SCHOOL
WHEREAS, in August 1993, the City ofChu]a Vista and Sweetwater Union High School
District (District) entered into the first agreement to jointly provide library services at Eastlake High
School; and
WHEREAS, this innovative partnership has resulted in the City's ability to provide very
popular library services to the east side of the City; and
WHEREAS, the agreement expires on June 30, 2008; and
WHEREAS, Library staff, with support from the City Attorney's Office, has negotiated
another multi-year agreement, which continues the basic premises of previous agreements; and
WHEREAS, the District will:
. Allow the City to use the Facility, rent free, for public library services, with hours
beginning no earlier than 3:30 p.m. and ending no later than 9:00 p.m. Monday
through Thursday, and Saturday hours of9:00 a.m. to 6:00 p.m. (the library would
close to the public at 5:00 p.m.).
. Provide for all custodial service on all days of operation and pay for all utilities
except for the City Library's fax line.
. Provide ten (10) or more public access computer workstations with three (3) or more
networked printers and printer supplies.
. Provide on-campus parking for the public and staff.
; and
WHEREAS, the City will:
. Catalogue all School Library materials and provide the School Library and the
District access to the City's automated library system, including circulation and
online catalog functions, following City policies regarding patron registration, loan
periods, fines, access to materials and restrictions for delinquencies.
. Provide access to the City information network via frame relay.
. Provide six (6) computer workstations for access to the catalog and three (3)
computer workstations for circulation purposes.
; and
J:\Altomey\RESO\AGREEMENTS\$weelwuler Union HSD (EuslLake HS)_06-17.08.uoc
8-7
Resolution No. 2008-
Page 2
WHEREAS, both parties agree to:
. Make reasonable efforts to maintain and enrich the book collection;
. Allow all patrons equal access to all library materials, regardless of jurisdiction or
ownership;
. Staffthe Library Facility with qualified, competent, professional, and team oriented
employees that will strive to provide excellent customer service, work cooperatively,
and keep the best interests of the students and public as their number one priority;
and
WHEREAS, the terms of the proposed renewal agreement would expire June 30, 2010; and
WHEREAS, there are also two (2), one-year options to renew the agreement, which are to be
executed by June 30 of each year after 2010; and
WHEREAS, on June 16,2008, the Board of the Sweetwater Union High School District is
scheduled to approve this renewal; and;
WHEREAS, the currently proposed Fiscal Year 2008/2009 budget includes funding in the
amount of $270,248 to operate the Eastlake library.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City ofChula Vista does
hereby approve the Fiscal Year 2008/2009 Memorandum of Understanding between the City of
Chula Vista and the Chula Vista Elementary School District regarding joint operation of the
Dynamic After School Hours (DASH) after school program, and the Safe Time for Recreation,
Enrichment, and Tutoring for Children (STRETCH) extended school day educational program.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute said
Memorandum of Understanding.
Presented by
Approved as to form by
~~~w(~
Bart C. Miesfeld '
Interim City Attorney
Leah Browder
Director of Library
J:\AlIomey\RESO\AGREEMENTS\Swcetwalcr Union HSD (EaslLake HSl_06-1 i-08.doc
8-8
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
~~~~
Bart C. Miesfeld
Interim City Attorney
Dated: b\'li\<Lo \ \ 11.]:;<:::."'(;
Amended and Restated
Joint Use Agreement
Between the
City of Chula Vista
and
Sweetwater Union High School District
for the District Facilities located at
Eastlake High School
8-9
Attachment B
Amended and Restated
Joint Use Agreement
Between the
City of Chula Vista
and
Sweetwater Union High School District
for the District Facilities Located at
Eastlake High School
I Parties
This Amended and Restated Joint Use Agreement (this "Agreement"), is made and entered
into and effective as of the date last executed by the parties ("Effective Date") by and between the
City of Chula Vista, a chartered municipal corporation of the State of California ("City"), and the
Sweetwater Union High School District ("District"), a political subdivisionofthe State of California.
This Agreement is made with reference to the following facts:
2 Recitals
2.1 Whereas, Chapter 12 of Part 10 of the Education Code of the State of California,
commencing at Section 17050, of the State of California authorizes a District to enter into an
agreement with the county or other appropriate entity having responsibility for the provision
of public library services in which the district is located for the purposes of operating ajoint-
use library facility at a school site owned by the District.
2.2 Whereas, the City and District are interested in determining if, through cooperative
efforts, the best library services can be provided with a combined pooling of public
resources; and
2.3 Whereas, a need for a library facility and services exists in the neighborhoods of eastern
Chula Vista which is of concern to both the City and the District;
2.4 Whereas, the City and the District entered into that certain Joint Use Agreement for the
Facilities located at EastIake High School, dated effective August 27,2004 (the "Original
Joint Use Agreement");
2.5 Whereas, the City and the District now seek to extend the term of the Original Joint Use
Agreement and to amend, restate and redefine the responsibilities and rights of the parties
concerning the joint use of the District's Facility.
Contract City May 14, 2008
SUHSD Comments 5-21-08
Page I
8-10
Attachment B
3 Definitions
3.1 "District's Facility" means the library building, parking lots and service road located at
Eastlake High School, on Eastlake Parkway, in the City of Chula Vista, County of San
Diego, State of California currently owned by the District. "District Facility" includes the
library service portion in the library building consisting of a reading room, a public access
book and materials collections and a children's library area, and other service portions
including a City library staff office, storage and delivery areas.
3.2 "City Public Library Service" means the provision of books, audio-visual materials,
information and programming to all potential users for their educational, cultural,
informational and recreational needs.
3.3 "Sponsored Group" means one or more persons who have been sponsored by the City
Library and given written permission by the City to use and conduct an activity at the District
Facility owned by the School District pursuant to the Agreement granted to the City; or in the
case of the District, "Sponsored Group" means one or more persons who have been given
written permission by the District to use and conduct an activity at the District Facility.
3.4 "City Library Hours" means those times the City reserves for public library service,
which are the hours beginning no earlier than 3:30 p.m. Monday through Thursday and
extending no later than 9:00 p.m., and the hours from 9:00 a.m. to 6 p.m. on Saturday. The
City will have access to the building at 3 :00 p.m. on weekdays for purposes of set-up and
preparation. If school hours change, the City reserves the right to alter library hours to
coincide with the end of a school day provided resources are available and library use
warrants such a change in City library hours. The City reserves the option to discuss
provision of public library services during specified school hours. In addition, City and
contractual repair personnel will have access to the Facility during school and public library
hours.
3.5 "Facility" means the library facility at the Eastlake High School which is being used by
the City to provide library services.
4 Obligatory Provisions:
NOW THEREFORE, in consideration of their mutual promises, the parties agree as follows:
4.1 Grant of License to Use
Provided that the City complies with the terms, conditions and covenants of this
Agreement, the District hereby grants to the City at no charge to either party, for the
Contract City May 14, 2008
SUHSD Comments 5-21-08
Page 2
8-11
Attachment B
Term and on the terms and conditions in this Agreement, an exclusive license to
enter upon, occupy, use and operate the District Facility (exclusive of the Reserved
Areas or any other reserved area of the District's Facility specifically and exclusively
reserved to one or the other party) during City Library Hours for the benefit of City
Library and its library patrons (the "License").
4.1.1 Reserved Areas
4.1.1.1 City Library Staff Office- Storage and Workspace
A City library private office, storage area, and workspace will be provided in
the Facility. District grants to City the exclusive right to use the designated
office area during school and non-school hours. Staff workspace area will be
communal with designated City and District library shelving and cabinets
mutually agreed upon.
4.1.1.2 Parking
District will provide sufficient, designated, convenient and free on-site
parking for City library staff and patrons. City library staff may park in any
available designated space during City library hours. City library staff should
be notified in writing of all major events which have the potential to impact
parking.
4.2 Term of Agreement
The term of this Agreement shall commence on the Effective Date and expire on June 30,
2010 (the "Nominal Term"). "Term" as used in this Agreement means the Nominal Term as
extended or contracted for by the provisions of section 4.2.1.
4.2.1 Extensions of Nominal Term
The District grants to City two (2) one year options (each, an "Option") to extend the
Nominal Term. In order to extend the Nominal Term, the City must exercise each
Option by June 30th of each year beginning in 2010 by providing District with written
notice thereof.
4.3 Causes for Termination, Removal or Suspension
4.3.1 The following shall be cause to suspend or terminate the Agreement:
Contract City May 14,2008
SUHSD Comments 5-21-08
Page 3
8-12
Attachment B
4.3.1.1 Failure of either party to make repairs to their equipment and the
Facility.
4.3.1.2 Destruction of Facility
4.3.1.3 Loss of funding by either party to support the operation of the
Facility
4.3.1.4 Failure of the District to provide a school campus environment
deemed sufficiently secure for City library services in the opinion of both
parties.
4.3.1.5 Failure of the District to provide sufficient security in the Facility, in
the opinion of the City Library Director, for City owned materials and
equipment, and database records in the City Integrated Online Library System
(IOLS).
4.3.1.6 Failure by either party to make a good faith effort towards equivalent
contributions to the book collection.
4.3.1. 7 Failure by either party to make a good faith effort at maintaining a
cooperative relationship.
4.4 Access to a Facility
4.4.1 Access to District Facility
4.4.1.1 Access during City Library Hours
Absent written agreement to the contrary as to specific times and
circumstances, the access License granted to the City by this Agreement to
use the Facility and designated parking area of the District shall, during City
Library Hours, have preference over competing District-proposed uses.
4.4.1.2 Access during non-City Library Hours
Absent written agreement to the contrary, the License granted to the City by
this Agreement to use the Facility, during non-City library hours, shall not
have preference over actual competing District uses; provided that City shall
have non-preferential access to exterior public book drop, City library office
work areas and delivery area.
Contract City May 14,2008
SUHSD Comments 5-21-08
Page 4
8-13
Attachment B
4.5 Provision and utilization of materials and equipment and Facility
The City and District may, subject to mutual agreement between the City and District
librarians, place or erect materials and equipment necessary for conducting events and/or
activities on the Facility. Such materials and equipment shall be maintained at the sole risk
of the party placing or erecting them and are subject to immediate removal at the request of
either party.
4.5.1 Both parties will supply furniture and equipment as specified in this section.
4.5.1.1 Equipment provided by the District.
a. Furniture for City librarian's office to include:
1. desk;
2. computer workstation;
3. 4-drawer file cabinet; and
4.1 chair.
b. Library area furniture and equipment to include:
1. 10 or more public access computer workstations with 3
or more networked printers and printer supplies;
2. 1 adjustable table for children's area;
3. 3M compatible security system theft detection exit;
4. "Book Check" exit to re-sensitize and a brick to desensitize
books;
5. Copier;
6. 1 book truck;
7. Bulletin board for public library staff use;
8. 3 phone lines and instruments available for joint use;
9. Table or other suitable furniture for OP AC;
10. Book collection suitable for high school use;
11. 1 display case and key for public library use; and
12. Fine mesh insect screen on door vents in electrical!
telecommunications room.
4.5.1.2 Equipment provided by the City
a. Integrated Online Library System and hardware to include:
1. 8 public workstations with networked printer;
Contract City May 14, 2008
SUHSD Comments 5-21-08
Page 5
8-14
Attachment B
2. 3 circulation workstations with printer;
3.2 game PC's;
4. 2 self check machines;
5. Printer in public library office and related printer supplies;
6. 2 bar code readers;
7. FAX machine;
8. Exterior book drops;
9. Display racks for library pamphlets and handouts;
10. Cash register;
II. Periodical indices and full text in electronic format;
12. Chairs for children's area;
13. Conference table and chairs and lockers for City librarian's
office;
14. Books and materials collection; and
15. Wi-Fi equipment mutually agreed upon by District and
City, provided that Wi-Fi access shall be filtered in
accordance with District's safety requirements. The City shall
be responsible for the acquisition and installation of the
equipment, but the District agrees to share equally on the
actual costs.
4.5.2 Placement of book and audio visual collections, equipment and service areas
4.5.2.1 Both parties agree to the current Facility layout. Any changes will be
negotiated and agreed to by both parties in writing. This layout includes
separate children's, browsing, paperback, periodical and new book areas.
4.5.2.2 District and City library book collections will be interfiled by
classification.
4.5.2.3 In the event of termination of this Agreement, City owned books and
equipment will be removed and returned to the City at City expense within
ninety (90) days after the Agreement is terminated.
4.5.3 Wiring
4.5.3.1 Integrated Online Library System
District has responsibility for installation, testing and maintenance ofintemal
data lines and electrical wiring for networked devices including but not
limited to computers, printers, access points and self-check machines at all
Contract City May 14, 2008
SUHSD Comments 5-21-08
Page 6
8-15
Attachment B
points to be connected to the patch panel In the school's electrical
telecommunications room.
4.5.3.2 The District shall ensure that Category 6 cabling is used for all new
data line installations after the Effective Date of this Agreement. Cabling
shall be certified to operate at a speed of 1000 mbps.
4.5.3.3 District will provide all cable, connectors and patch panels including
Category 6 twisted pair cable. The District shall install Category 5 cabling to
support the 10 networked devices provided by the City. The cabling shall run
to a central patch panel where the City will house its switch, router, DSU and
frame relay connection. Category 6 cabling has a 100 meter length
restriction, which may dictate that the patch panel and telecommunications
equipment is housed some place other than the electricaVtelecommunications
room. The District shall advise the City library if length restrictions are an
issue. The District shall provide 48-port patch panel cables to establish
connections from the networked devices to the LAN jacks and the patch
panel.
4.5.3.4 City will provide and maintain the switch, CSU/DSU and router
needed to connect to LANs at other Chula Vista Library locations.
4.5.3.5 City has the responsibility for telecommunication data lines to
maintain this Wide Area Network connectivity.
4.5.3.6 City and District agree to share equally in the cost of any cabling or
other wiring required to implement Wi-Fi within the Facility. The cost of
implementing any other new technology deemed necessary or desirable by the
parties will be shared in accordance with a separate agreement ofthe parties.
4.5.4 Telephones
4.5.4.1 District has responsibility for installation, maintenance and ongoing
operating costs of all phone lines and for provision of the telephone
instruments, with the exception of the FAX machine which will be provided
and maintained by the City.
4.5.4.2 Telephone lines and instruments will be provided and installed by the
District at the listed locations. Each telephone instrument accommodates the
number of lines specified for each location.
Contract City May 14, 2008
SUHSD Comments 5-21-08
Page 7
8-16
Attachment B
4.5.4.2.1
Circulation Desk
Four lines are installed at the Circulation Desk. Two telephones each
accommodate all four phone lines. The four lines are composed of
two school lines and two City library lines. The telephone number for
the second City library line is published to the public.
4.5.4.2.2
Librarians' Offices
A telephone with both of the school lines from the Circulation Desk
is in the School Librarian's office. A telephone with the City library
line from the Circulation Desk is in the City librarian's office. The
second City library line from the Circulation Desk is installed in the
City librarian's office on the same telephone. One telephone line in
the City librarian's office is provided with long distance access.
4.5.4.3 Wiring for New Technology
When additional wiring or phone lines are required to accommodate new
Technology, the details thereof will be negotiated by both parties.
4.5.5. Signs
4.5.5.1 District will provide and maintain signage in a marmer reasonably
satisfactory to the City. Existing permanent interior signage, barmers,
pennants, flags, posters, and signs in the public service area of the Facility
should not be changed without mutual agreement between the District and the
City.
4.5.5.2 Temporary Interior Signs
Temporary barmers, pennants, flags, posters and signs in public services areas
ofthe Facility must be posted within pre-designated areas for each respective
party. The District and the City libraries are solely responsible for approval
of signage posted in their own pre-designated areas.
4.5.5.3 Permanent Exterior Signage
Exterior of the Facility will be labeled "Library" in block letters III a
prominent location near the main entrance of the building.
Contract City May 14, 2008
SUHSD Comments 5-21-08
Page 8
8-17
Attachment B
4.5.5.4 Day/Hours Signs
City will permanently post a clearly visible public library days and hours sign
at the main entrance to the Facility.
4.5.5.5 Exterior Directional Signs
The District will provide directional signage to the Facility from the campus
entrance at Eastlake Parkway and from all parking lots. The City will provide
and District will install removable exterior sign hardware near the main
campus entrance.
4.6 Use Limitations
It is expressly agreed that the Facility that is the subject of this Agreement is to be used solely
for the purpose of providing library services and for such other related or incidental purposes
as may be approved in writing by the chief executive officer of the District and for no other
purpose whatsoever. The City shall not use the District Facility for any other purpose
whatsoever ("Use Duty").
4.6.1 Specific Violations of Use Duty
Without limitation as to other possible violations of the Use Duty, the City shall
specifically not permit the following uses by themselves or their Sponsored Groups:
4.6.1.1 Political Activities
The City shall not use and shall not permit or tolerate the use of a District
facility for campaigning or otherwise working for the nomination or election
of any individual to any public office, partisan or nonpartisan, or for any
ballot measure, including any initiative, referendum, or advisory vote, except
with the advance written permission of the District.
4.6.1.2 Regular Church Services
The City shall not use and shall not permit the use of a District's facility for
church or religious services.
4.6.1.3 Alcohol and Drugs
Contract City May 14, 2008
SUHSD Comments 5-21-08
Page 9
8-18
Attachment B
The City shall not allow alcohol or illegal drugs to be sold, used or consumed
in, on or about the DistrietDistrict's Facility. The City shall not permit or
allow any portion of a District's Facility to be rented or used by any
Sponsored Group that intends to provide or permit alcoholic beverages at an
event or meeting. Each party shall make these facts known, in writing and
through oral communications, to all staff members and users of the District's
Facility.
4.6.1.4 Food and Drink
No food or drink shall be allowed in, on or about the Facility. Each party
shall make this policy known, in writing and through oral communications, to
all staff members, Sponsored Groups and users of the Facility.
4.7 Planning and Scheduling Meetings
4.7.1 Duty to Hold Planning and Scheduling Meetings
The City and District librarians shall meet weekly for planning and scheduling
purposes and monthly with the Eastlake High School Principal regarding Facility
Issues.
4.7.2 Duty to Permit Other Group Use
Both parties may permit other group use in the Facility during their respective
operating hours without obtaining a District facility user's permit, provided such
group is a Sponsored Group.
4.7.3 Programs
City reserves the exclusive right to conduct library programs such as story hours at
the Facility during City Library Hours.
4.8 Duty to Supervise
The City shall be responsible for any damage occurring during the City's use of the District's
Facility's or by Sponsored Groups of the City. The District shall be responsible for any
damage occurring during the District's use ofthe District's Facility or by Sponsored Groups
of the District. A report should be given to each respective party of such damages.
Contract City May 14, 2008
SUHSD Comments 5-21-08
Page 10
8-19
Attachment B
Notwithstanding the foregoing, if a City library staff member or patron or anyone of its
Sponsored Groups, or one of their members, guests or attendees, has caused damage to the
interior of the designated library area or the City library staff office, of the Facility during
City library hours, regardless of negligence the City shall promptly pay for the repair of same.
4.9 Maintenance and Repair
Except as set forth in Section 4.9.1, the District is responsible for routine maintenance and
repair of the Facility. Specifically, the District agrees to provide custodial service pursuant to
its regular schedule from Monday through Saturday, excepting District holidays. City shall
notifY District in writing of any health/hygiene concerns arising during City use, which
should be resolved within two (2) business days of written notification to the District.
City agrees to maintain, repair and replace computer hardware, furnishings and equipment
provided by the City, at its sole cost and expense, as required to ensure continuous access and
use of the Facility as contemplated hereunder.
During regular business hours, upon request of the City, District will allow access to the
Facility to City Staff and authorized repairmen for the performance of maintenance or
repairs. During an emergency, District will provide access within a reasonable time after
access is requested by the City.
4.9.1 Major Repairs
To the extent a major repair to the Facility is required, the District shall diligently
attempt, in good faith to secure the repair of the Facility by estimating the cost of
repair, budgeting funds for necessary repairs, designing the repair, and implementing
the design, all of which shall be done to the extent that funds are available to do so.
Except in an emergency, the City Librarian must be notified in writing 30 days prior
to District commencing any repairs or maintenance that requires the Facility to be
closed to the public for a period longer than 24 hours.
4.9.2 Fee Waiver
The District shall make the Facility available to the City, or a Sponsored Group of the
City, free of charge unless a fee is charged to the users or attendees at such event or
activity. If a fee is charged, unless the parties otherwise agree, the District may
impose a charge on the City for the use of the Facility, but not on a basis different
Contract City May 14, 2008
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8-20
Attachment B
from the rate at which the City charges the users or attendees, or in an amount in
excess of the fee charged by the City.
4.10. Facility Modification or Removal Rights
Except with the written consent of the other party to this Agreement, granted by written
resolution of the governing board of the party, the purpose of the Facility shall not be re-
designated or the Facility removed from service.
4.11 Operational Matters
4.11.1 Policy and Procedure Training
4.11.1.1 The City Library will train its employees to comply with procedures
set forth in the "Procedures Manual" prepared by the District for the use of
the District's Facility regarding utility turn-offs, alarm responses, locking
up/closing, key distribution, facility damage (including graffiti reporting).
4.11.1.2 City Library Staff will conduct training on the Integrated Online
Library System to District library staff and provide written documentation for
procedures.
4.11.1.3 City staff will provide written policies for circulation procedures.
4.11.2 Key Distribution
The District will provide a Facility grand master key for the City Librarian. Exterior
door keys will be provided for library administration, delivery drivers, branch
manager, Librarian I, and Library Associate. The District will also provide keys to
any gates needed to access the Facility.
4.11.3 Library Automation
4.11.3.1 The Integrated Online Library System and all bibliographical item
and patron records are the property of the City. However, in the event this
Agreement terminates, the City shall provide a machine readable version of
the school library's bibliography and item records. The cost, if any, to
produce such records will be shared equally by the District and the City.
Contract City May l4, 2008
SUHSD Comments 5-21-08
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8-21
Attachment B
4.11.3.2 City will provide access to Integrated Online Library System
circulation, OP AC and database maintenance functions in accordance with
City library procedures.
4.11.3.3 City staffwill cooperate with District to provide special computer-
generated reports as requested if resources are available.
4.11.3.4 District shall insure users respect the integrity of electronic
databases provided by the City, including online subscription services during
the school day.
4.11.3.5 District staff agrees to follow City library procedures in the use of
the system and provide information to the City library staff to maintain the
patron item database for currency and accuracy.
4.11.3.6 District agrees to follow City library procedures regarding security
of the Integrated Online Library System and access to the system. District
agrees to provide adequate adult supervision of student library assistants to
ensure this security.
4.11.3.7 District agrees to comply with state and federal legislation regarding
the provision and use ofInternet services in schools. City agrees to comply
with state and federal legislation regarding the provision and use of Internet
services in libraries.
4.11.3.8 Reasonable and ordinary maintenance and repair of City owned
equipment will be the responsibility ofthe City. District will be responsible
for damage to Integrated Online Library System computer equipment due to
gross negligence of the District and vandalism during school operating hours,
not caused by the City, its Sponsored Groups, or its employees.
4.11.3.9 City staffwill be responsible for the functioning and maintenance of
the Integrated Online Library System. Questions and maintenance problems
will be referred to City library staff.
4.11.3.10 District shall be responsible for the functioning and maintenance of
District's PC's in the library, including during intersession and school holiday
periods.
4.11.4 Circulation Procedures
Contract City May 14,2008
SUHSD Comments 5-21-08
Page 13
8-22
Attachment B
4.11.4.1 District will use City's Integrated Online Library System to
checkout and check in items in the library collection.
4.11.4.2 District will comply with City circulation policies regarding
registration, loan periods, limits, restricting overdue patrons, overdue notices
established by the City.
4.11.4.3 District agrees to comply with the fines and fees policy in effect at
the City. These fines and fees are part of the City's master fee schedule.
4.11.4.4 Each party will retain fines and fees collected during their respective
hours of operation.
4.11.4.5 Money collected for lost books will be retained by the party that
collects the money. Both parties will issue and retain receipts for lost books
regardless of ownership.
4.11.4.6 Any proposed changes to the City's circulation policy will be
discussed and implemented if appropriate; changes may not contradict a City
policy.
4.11.4.7 School textbooks and media materials are for the use of Eastlake
High School students only. Both parties agree to allow equal access and use
ofthe library and library collection to all patrons regardless of jurisdiction of
the items in the collection at the Eastlake Library.
4.11.4.8 City library staff will provide delivery service between library at
Eastlake High School and other City library outlets daily Monday through
Friday. The District will provide a site for deliveries by the City's delivery
van.
4.11.4.9 City staff will supply overdue notices and reports directly to the
school in accord with regular City library schedule. District will deliver
overdue notices to its students.
4.11.4.10 City library staff will cooperate with District library staff to
provide special computer generated overdue reports and notices as requested
and as resources are available.
Contract City May 14, 2008
SUHSD Comments 5-21-08
Page 14
8-23
Attachment B
4.11.4.11 District may withhold Eastlake High School student grades and
transcripts for students with delinquent City library accounts. City will
provide District with a listing ofthese delinquencies in a timely manner.
4.11.4.12 Library patrons (students and City Library) may request inter-
branch transfers from other City libraries.
4.11.4.13 District staff will deal with student patron issues and parent-
student concerns regarding library materials and their use.
4.11.4.14 All registration and circulation records in the Integrated Online
Library System are the property of the City. A printed and/or electronic copy
of those registration and circulation records pertinent to Eastlake High School
shldents and staff will be provided to the District when this Agreement is
terminated.
4.11.4.15 All registration and circulation records shall remain confidential
and shall not be disclosed to any person, local agency, or state agency
("Confidentiality") except as follows:
a. By the City Library Director or his/her designee acting within the
scope of his or her duties within the administration of the library;
b. By a person authorized, in writing, by the individual to whom the
records pertain; or
c. By order of the appropriate superior court.
The District shall insure that this Confidentiality is maintained.
4.11.4.16 Shelving. The responsibility of reshelving books and other library
materials is shared between the District and the City. The District agrees to
provide adequate supervision of student library assistants to ensure accuracy
of their shelving work.
4.11.5 Collection Development and Cataloging
4.11.5.1 Both parties agree to support their areas of responsibility in ongoing
collection development and make a reasonable fiscal commitment annually to
build and maintain the book collection, including removing outdated
materials on a regular, on-going basis.
Contract City May 14, 2008
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Page 15
8-24
Attachment B
4.11.5.2 Both parties will coordinate the selection process to avoid
UIll1ecessary duplication or discrepancies in the collection.
4.11.5.3 City agrees to provide a "J" (Juvenile) classed materials collection
which will ultimately constitute 25% of the book capacity.
4.11.5.4 Both parties will use the Dewey Decimal system to classify the book
collection.
4.11.5.5 District agrees to use those collection designations (e.g., Spanish,
Mystery, Picture Books) currently in use at the City Library. Any proposed
changes to the current designations will be discussed by both parties.
4.11.5.6 District agrees to designate Eastlake High School materials by the
collection codes in the integrated online library system.
4.11.5.7 City will provide bibliographic and item records according to City
specifications for library books and materials supplied by the District.
4.11.5.8 The City will provide physical processing of all library materials
supplied by the District according to procedures agreed to in planning
sessIOns.
4.11.5.9 District will maintain their portion of the database per procedures
determined by the City Library.
4.11.5.1 0 District will inform City Library of any necessary maintenance
needed for bibliographic data and item level data for City library items.
4.11.6 Intellectual Freedom
4.11.6.1 The City Library subscribes to the American Library Association's
Library Bill of Rights and Freedom to Read Statement.
4.11.6.2 Neither party shall remove, label, or prohibit access to any book,
periodical, audio visual material, microfilm and/or public use computer and
CD ROM software owned by the other party; provided however, the District
hereby reserves the right to refuse to issue adult content materials to students
under the age of eighteen (18) without a parent's written consent.
4.11.7 Standard of Employees
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8-25
Attachment B
The District and the City agree to staff the Facility with qualified, competent,
professional, and team oriented employees who will strive to provide excellent
customer service, work cooperatively, and keep the best interests of the students and
public as their number-one priority. Additionally, the District and the City are
committed to provide a safe and positive work environment. Each party will be
responsible for handling personnel issues involving its employees in a timely and
professional manner while acknowledging employee representation, and compliance
with federal, state and agency laws, policies and procedures.
4.11.8 Staffing
The City shall provide sufficient staffing of City sponsored events and programs that
are held or conducted at the Facility.
4.11.9 Campus Security and Alarm System
4.11.9.1 District is responsible for campus security and for the provision of
a 24-hour monitored security system.
4.11.9.2 The District is responsible for providing an alarm system.
4.11.9.3 The District will secure all portions of the Facility which is Lmused
during City Library operating hours.
4.11.1 0 Normal Cleanup Maintenance
Both parties shall leave shared work areas clean and free of clutter at the end of their
respective workday.
4.1l.l1 Hazardous Materials
If either party knows, or has reasonable cause to believe, that any Hazardous Material
has been released beneath, in, on or about the District's Facilities, each party shall
give written notice to the chief executive officer of the Board of the other party (the
"CEO") within ten (10) days of receipt of such knowledge or cause for belief.
Provided however, if a party knows, or has reasonable cause to believe that such
Hazardous Material is an imminent and substantial danger to public health and safety,
said party shall notify the CEO of the other immediately upon receipt of said
knowledge or belief and shall take all actions necessary to alleviate such danger. A
party shall notify the other party immediately of any notice or violation received or
initiation of environmental actions or suits, publicly or privately brought, relative to
the District's Facilities. In addition, neither party shall introduce, use, sell or permit
to be introduced, used or sold any Hazardous Material on the Facility in violation of
the Environmental Laws without the prior written consent of the other, except for
Contract City May 14, 2008
SUHSD Comments 5-21-08
Page 17
8-26
Attachment B
normal and customary amounts of cleaning and office supplies. "Hazardous
Materials" means asbestos, explosives, radioactive materials, hazardous waste,
hazardous substances, or hazardous materials including, without limitation,
substances defined as "hazardous substances" in the Comprehensive Environmental
Response Compensation Liability Act of 1980, as amended, 42 D.S.C. Sections
9601-9657 ("CERCLA"); the Hazardous Material Transportation Act of 1975,49
D.S.C. Sections 1801-1812; the Resource Conservation Recovery Acts of 1976, 42
U.S.C. Sections 6901-6987; the Occupational Safety And Health Act of 1970,29
D.S.C. Section 651, et seq., or any other federal, state or local statute, law, ordinance,
code, rule, regulation, order or decree regulating, relating to, or imposing liability or
standards of conduct concerning hazardous materials, wastes or substances now or at
any time hereinafter in effect (collectively, "Environmental Laws")
4.12 Defense and Indemnity
4.12.1 Claims Arising From Sole Acts or Omissions of the District.
The District, hereby agrees to defend and indemnifY the City, and its agents, officers
and employees, from any claim, action or proceeding against the City, arising solely
out of the acts or omissions ofthe District in the performance of this Agreement. At
its sole discretion, the City may participate at its own expense in the defense of any
claim, action or proceeding, but such participation shall not relieve the District of any
obligation imposed by this Agreement. The City shall promptly notifY the District of
any claim, action, or proceeding and cooperate fully in the defense.
4.12.2 Claims Arising From Sole Acts or Omissions of City of Chula Vista.
The City hereby agrees to defend and indemnifY the District, and its respective
agents, officers and employees, from any and all claims, actions or proceedings
against the District, arising out of the acts or omissions ofthe City, its employees and
Sponsored Groups in the performance or nonperformance of this Agreement and the
use of the District's Facility. At its sole discretion, the District may participate at its
own expense in the defense of any claim, action or proceeding, but such participation
shall not relieve the City of any obligation imposed by this Agreement. The District
shall promptly notifY the City of any claim, action or proceeding and cooperate fully
in the defense.
4.12.3 Claims Arising From Concurrent Acts or Omissions.
The City hereby agrees to defend itself and the District hereby agrees to defend itself,
from any claim, action or proceeding arising out ofthe concurrent acts or omissions
of the City and the District. In such cases, the City and the District agree to retain
Contract City May 14, 2008
SUHSD Comments 5-21-08
Page 18
8-27
Attachment B
their own legal counsel, bear their own defense costs, and waive their right to seek
reimbursement of such costs, except as provided in subsection 4.14.5 below.
4.12.4 Joint Defense.
Notwithstanding subsection 4.14.3 above, in cases where the City and the District
agree in writing to ajoint defense, the City and the District may appoint joint defense
counsel to defend the claim, action or proceeding arising out of the concurrent acts or
omissions of the City and the District. Joint defense counsel shall be selected by
mutual agreement of the parties. The parties further agree that no party may bind the
other party to a settlement agreement without the written consent of the other party.
4.12.5 Reimbursement and/or Reallocation.
Where a final judgment of a court award allocates or determines the comparative
fault of the parties, the City and the District may seek reimbursement and/or
reallocation of defense costs, settlement payments, judgments and awards, consistent
with such comparative fault.
5 Rights Expressly Reserved by the Parties
5.1 Related Council Actions
By the granting of this Agreement, neither party is obligating itself to any other governmental
agent, board, commission, or agency with regard to any other discretionary action relating to
development or operation of a facility. Discretionary action includes, but is not limited to
rezoning, variances, environmental clearances or any other governmental agency approvals,
which may be required for the development and operation of the Facility.
5.2 No Liability for Lack of Quiet Enjoyment
A degree of reasonableness governing on-site activities should prevail and every attempt to
achieve mutually satisfactory solutions will be made by both parties through adequate
communications, advance preparation and other measures to lessen the impact of on-site
activities on optimal library use.
6 Remedies for Breach
6.1 Default in Performance
Contract City May 14,2008
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8-28
Attachment B
If a party defaults in the performance of any covenant or condition required to be performed
by this Agreement, the other party may give the breaching party written notice citing such
default and demand the breaching party correct the default. Upon receiving notice of a
default, the breaching party shall correct the default as soon as practicable, but in no event,
later than 30 days. Failure of breaching party to correct the default shall not result in
termination of this Agreement, but may be the basis for an injunctive order, writ of mandate,
or other equitable action.
6.2 Waiver
Any waiver of a default by either party is not a waiver of any other default. Any waiver of a
default must be in writing and be executed by the chief executive officer of the party in order
to constitute a valid and binding waiver. Delay or failure to exercise a remedy or right is not
a waiver of that or any other remedy or right under this Agreement. The use of one remedy
or right for any default does not waive the use of another remedy or right for the same default
or for another or later default.
6.3 Miscellaneous
6.3.1 Construction Against Draftsman
This Agreement has been fully negotiated by all parties, and no construction or
interpretation is to be made on the basis of draftsmanship of the document.
6.3.6 Notices
All notices and demands shall be given in writing by personal delivery, courier,
nationally recognized overnight courier, or first-class mail, postage prepaid. Notices
shall be addressed as appears below for the respective party; provided that, if any
party gives notice of a change of name or address, notices shall be appropriately
modified to reflect such changes. Notices shall be deemed received seventy-two (72)
hours after deposit in the United States mail or upon delivery whichever is sooner.
Notice to the District:
Sweetwater Union High School District
Superintendent
1130 Fifth Avenue
Chula Vista, CA 91911
Notice to the City:
Contract City May 14, 2008
SUHSD Comments 5-21-08
Page 20
8-29
Attachment B
City of Chula Vista
City Manager
276 Fourth Avenue
Chula Vista, CA 91910
6.3.7 Compliance with Law
Both parties shall at all times in the maintenance, occupancy, and operation of
Facility, and in the provision of service, comply with all applicable laws, statutes,
ordinances, and regulations of city, county, state, and federal governments. In
addition, both parties shall comply with any and all notices issued by the other party
under the authority of any such law, statute, ordinance, or regulation.
6.3.8 City Approval
The approval or consent of City, wherever required in this Agreement, shall mean the
written approval or consent of the City Manager unless otherwise specified, without
need for further resolution by the City Council.
6.3.9 Partial Invalidity
If any term, covenant, condition, or provision of this Agreement is found invalid,
void, or unenforceable by a court of competent jurisdiction, the remairllng provisions
will remain in full force and effect.
6.3.10 Captions
The section headings, and captions for various articles and paragraphs shall not be
held to define, limit, augment, or describe the scope, content, or intent of any or all
parts of this Agreement. The numbers of the paragraphs and pages of this Agreement
may not be consecutive. Such lack of consecutive numbers is intentional and shall
have no effect on the enforceability of this Agreement.
6.3.11 Entire Understanding
This Agreement contains the entire understanding of the parties. Each party, by
signing this Agreement, agrees there are no other written or oral understandings
between the parties with respect to the Facility that is the subject ofthis Agreement.
Each party has relied on its own examination of the premises, advice from its own
attorneys, and the warranties, representations, and covenants of the Agreement itself
Each of the parties in this Agreement agrees that no other party, agent, or attorney of
Contract City May 14, 2008
SUHSD Comments 5-21-08
Page 21
8-30
Attachment B
any other party has made any promise, representation, or warranty whatsoever which
is not contained in this Agreement.
The failure or refusal of any party to read the Agreement, inspect the District's
Facility, and obtain legal or other advice relevant to this transaction constitutes a
waiver of any objection, contention, or claim that might have been based on these
actions. No modification, amendment, or alteration of this Agreement will be valid
unless it is in writing and signed by all parties.
6.3.12 Disputes
Any dispute involving this Agreement may be submitted in writing to the City's
Library Director or hislher designee and to the District's Director of Operations and
the District's High School Principal. The parties, in good faith, shall attempt to
resolve all disputes before mediation may be sought by either party.
6.3.13 Mediation
If a dispute remains unresolved after direct negotiations pursuant to Paragraph 6.3.12,
above, the parties agree to submit the dispute to non-binding mediation before a
mutually acceptable third-party mediator. The parties shall endeavor to select a
mediator who is a retired judge or a licensed attorney with at least five (5) years of
experience in mediating disputes among public entities within California. The party
initiating mediation of a disputed issue, provision, clause or obligation under this
Agreement shall provide written notice to the other party of its decision to mediate.
In the event the parties are unable to agree upon a mediator within sixty (60) days
after the receipt of such written notice, or to reach other agreements, then the parties
agree to submit the matter to the Superior Court of the County of San Diego for
selection of a mediator.
6.3.13.1 Mediation Process
6.3.13.1.1 The location of the mediation shall be at the offices of
District or the City, or otherwise mutually agreed upon
location. The costs of mediation shall be shared equally
between the parties. All discussions that occur during the
mediation and all document presentations prepared solely
for the purpose of the mediation shall be confidential and
privileged pursuant to California Evidence Code Sections
1119 and 1152.
Contract City May 14,2008
SUHSD Comments 5-21-08 Page 22
8-31
Attachment B
6.3.13.2 Non-waiver
6.3.13.2.1 Participation in the mediation process provided for in this
Agreement, or any other negotiations, shall not constitute
a waiver, release or compromise of any defense of either
party .
6.3.13.3 Unresolved Disputes
6.3.13.3.1 Disputes that are not resolved after the submission and
completion of the disputed issues through the dispute resolution
process set forth in Sections 6.3 .14 of this Agreement may be
resolved through courts of the State of California in the County of
San Diego. Completion of the process set forth in this Agreement
is a prerequisite to filing suit and a contractual requirement.
6.3.14 Amendment
This Agreement may only be amended by the written agreement of all the parties at
the time of such amendment.
6.3.15 Exhibits
All exhibits to which reference is made are deemed incorporated in this Agreement,
whether or not actually attached.
6.3.16 Further Assurances
Each party agrees to perform any further acts and to execute and deliver any further
documents which may be reasonably necessary to carry out the provisions of this
Agreement.
6.3.17 Governing Law
This Agreement has been executed in and shall be governed by the laws of the State
of California.
6.3.18 Counterparts
Contract City May 14, 2008
SUHSD Comments 5-21-08
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Attachment B
The Agreement may be executed in one or more counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same
instrument.
6.3.19 Authority
The City and the District represent that the individuals signing this Agreement have
full right and authority to bind their respective parties to this Agreement.
6.3.20 Original Joint Use Agreement Superseded
The terms ofthe Original Joint Use Agreement are hereby superseded by the terms of
this Agreement as of the Effective Date of this Agreement.
6.3.21 Recitals Incorporated
The Recitals set forth in Section 2 and all terms therein are hereby incorporated into
this Agreement.
6.3.22 Time of Essence
Time is of the essence for the performance of all obligations under this Agreement.
6.3.23 No Assignability
City will not assign all or any part of this Agreement or License or any interest
therein, without the prior written consent of District, which may be withheld in its
sole and absolute discretion.
6.3.24 No Encumbrances
In no event shall the City encumber the License granted under this Agreement.
(End of page. Next Page is signature Page.)
Contract City May 14, 2008
SUHSD Comments 5-21-08
Page 24
8-33
Attachment B
Signature Page
IN WITNESS HEREOF, the City and the District have executed this Agreement thereby
indicating they have read and understood the same, and indicate their full and complete consent to its
terms:
Dated:
,2008
City of Chula Vista
By:
Cheryl Cox, Mayor
Attest:
Donna Norris, Interim City Clerk
Approved as to form:
Ann Moore, City Attorney
Dated:
,2008
Sweetwater Union High
School District
by:
Pearl Quinones, President
Board of Trustees
by
Dr. Jesus M. Gandara
District Superintendent
Contract City May 14,2008
SUHSD Conunents 5-21-08
Page 25
8-34
t~ .-. ,
CITY COUNCIL
AGENDA STATEMENT
~!~ CllYOF
~ (HULA VISTA
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
JUNE 17, 2008, Item ~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FISCAL YEAR 2008/2009
MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF CHULA VISTA AND THE CHULA VISTA
ELEMENTARY SCHOOL DISTRICT REGARDING JOINT
OPERATION OF THE DYNAMIC AFTER SCHOOL HOURS
(DASH) AFTER SCHOOL PROGRAM, AND THE SAFE TIME
FOR RECREATION, ENRICHMENT, AND TUTORING FOR
CHILDREN (STRETCH) EXTENDED SCHOOL DA Y
EDUCATIONAL PROGRAM; AND AUTHORIZING THE
MA YOR TO EXECUTE THE MOU
LIBRARY DlRECTO~-4:b
CITY MANAGER
ASSISTANT CIT
4/5THS VOTE: YES D NO ~
SUMMARY
The current Memorandum of Understanding (MOU) between the City and the Chula
Vista Elementary School District (CVESD), in effect until June 30, 2008, authorizes the
operation of two after school programs at elementary school sites. The STRETCH (Safe
Time for Recreation, Enrichment, and Tutoring for Children) program, with its emphasis
on literacy and arts enrichment, is currently offered at seven district schools. The existing
MOU also authorizes the operation of a structured sports and recreation program called
DASH (Dynamic After School Hours), at 26 district schools.
The intent of this report is to present an updated MOU between the City and the CVESD
for Fiscal Year 2008/09 (Attachment "A"). The CVESD Board is expected to vote
approval of the Fiscal Year 2008/09 MOU at their June 24, 2008 meeting.
9-1
ENVIRONMENT AL REVIEW
The Environmental Review Coordinator has reviewed the proposed actIvity for
compliance with the California Environmental Quality Act (CEQA) and has determined
that there is no possibility that the activity in question may have a significant effect on the
environment; therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines
the activity is not subject to CEQA. Thus, no environmental review is necessary.
RECOMMENDA nON
That Council approve the MOU between the City of Chula Vista and the CVESD.
BOARDS/COMMISSION RECOMMENDA nON
At their meeting of May 21, 2008, the Library Board of Trustees unanimously voted to
recommend that the MOD between the City of Chula Vista and CVESD regarding joint
operation of the DASH after school recreational program, and the STRETCH extended
school day educational program be approved (Attachment "BOO).
DISCUSSION
Conducted by the Educational Services Division of the Chula Vista Public Library since
1999, the STRETCH and DASH programs continue to be a success. They are popular
not only with parents and school-age children, but with the City's partner, CVESD. The
programs served over 2,500 children last year and the satisfaction rate from parents and
stafffor 2006-07 was 96%.
The City and the District are now ready to enter into a new MOD for Fiscal Year
2008/09. The new MOD authorizes:
· Continuation of the DASH program at 26 elementary school sites. These sites
include: Allen, Arroyo Vista, Casillas, Chula Vista Hills, Clear View, Cook,
Discovery, EastLake, Halecrest, Hedenkamp, Heritage, Hm!9p, Kellogg, Liberty,
Thurgood Marshall, McMillin, Olympic View, Palomar, Parkview, Rogers,
Rosebank, Salt Creek, Tiffany, Valle Lindo, Veterans, and Wolf Canyon.
o Continuation of the STRETCH program at seven elementary school sites,
including Harborside, Lauderbach, Lorna Verde, Montgomery, Mueller, Otay, and
Rice Elementary Schools.
As in previous MODs, the City will recruit, hire, train and supervise staff to conduct both
STRETCH and DASH programs. The District will actively promote communication,
cooperation and coordination among and between school personnel and city personnel.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property
holdings within 500 feet of the boundaries of the properties which are the subject of this
action.
9-2
FISCAL IMP ACT
The Fiscal Year 2008/2009 budget for STRETCH and DASH is $2,170, I 02. The City
will provide $465,109 (plus in-kind expenses); the Elementary School District will
provide $605,687 and the State will provide (via the District) $1,099,306. These funds
are appropriated as part of the Fiscal Year 2008/09 budget.
ATTACHMENTS
A: Memorandum of Understanding
B: May 21, 2008 Draft Minutes of the Library Board of Trustees
9-3
RESOLUTION NO. 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FISCAL YEAR 2008/2009
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
OF CHULA VISTA AND THE CHULA VISTA ELEMENTARY
SCHOOL DISTRICT REGARDING JOINT OPERATION OF THE
DYNAMIC AFTER SCHOOL HOURS (DASH) AFTER SCHOOL
PROGRAM, AND THE SAFE TIME FOR RECREATION,
ENRICHMENT, AND TUTORING FOR CHILDREN (STRETCH)
EXTENDED SCHOOL DAY EDUCATIONAL PROGRAM; AND
AUTHORIZING THE MAYOR TO EXECUTE THE MOU
WHEREAS, the current Memorandum of Understanding (MOU) between the City ofChula
Vista and the Chula Vista Elementary School District (District), in effect until June 30, 2008,
authorizes the operation of two after school programs at elementary school sites; and
WHEREAS, the STRETCH (Safe Time for Recreation, Enrichment, and Tutoring for
Children) Program, with its emphasis on literacy and arts enrichment, is currently offered at seven
district schools; and
WHEREAS, the existing MOU also authorizes the operation of a structured sports and
recreation program called DASH (Dynamic After School Hours), at 26 district schools; and
WHEREAS, the intent ofthis report is to present an updated MOU between the City and the
District for Fiscal Year 2008/2009, which is on file in the Office of the City Clerk; and
WHEREAS, the Chula Vista Elementary School District Board is expected to vote approval
ofthe Fiscal Year 2008/2009 MOU at their June 10, 2008, meeting, and
WHEREAS, the City and the District are now ready to enter into a new Memorandum of
Understanding for Fiscal Year 2008/2009; and
WHEREAS, the new MOU authorizes:
. Continuation of the DASH program at 26 elementary school sites. These sites
include: Allen, Arroyo Vista, Casillas, Chula Vista Hills, Clear View, Cook,
Discovery, EastLake, Halecrest, Hedenkamp, Heritage, Hilltop, Kellogg, Liberty,
Thurgood Marshall, McMillin, Olympic View, Palomar, Parkview, Rogers,
Rosebank, Salt Creek, Tiffany, Valle Lindo, Veterans, and Wolf Canyon.
. Continuation of the STRETCH program at seven elementary school sites, including
Harborside, Lauderbach, Lorna Verde, Montgomery, Mueller, Otay, and Rice
Elementary Schools.
J:\AtlomcylRESO\MOU\STRETCH Jml DASH MOU_06-17-0S.doc
9-4
Resolution No. 2008-
Page 2
and;
WHEREAS, as in previous MOUs, the City will recruit, hire, train and supervise staff to
conduct both STRETCH and DASH programs; and
WHEREAS, the District will actively promote communication, cooperation and coordination
among and between school personnel and city personnel.
WHEREAS, the Fiscal Year 2008/2009 budget for STRETCH and DASH is $2, 170, 1 02; and
WHEREAS, the City will provide $465,109 (plus in-kind expenses), the District will provide
$605,687, and the State will provide (via the District) $1,099,306,
WHEREAS, these funds are appropriated as part of the Fiscal Year 2008/2009 budget.
WHEREAS, an updated MOU between the City and the Chula Vista Elementary School
District for Fiscal Year 2008/2009 is presented for approval.
NOW, THEREFORE, BE IT RESOL VED the City Council of the City ofChula Vista does
hereby approve the Fiscal Year 2008/2009 Memorandum of Understanding between the City of
Chula Vista and the Chula Vista Elementary School District regarding joint operation of the
Dynamic After School Hours (DASH) after school program, and the Safe Time for Recreation,
Enrichment, and Tutoring for Children (STRETCH) extended school day educational program.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute said
Memorandum of Understanding.
Presented by
Approved as to form by
~~~~~
Bart C. Miesfeld
Interim City Attorney
Leah Browder
Director of Library
J:\Allumel~RESOI,,"\OlJ\STRETCH and DASH tvIOU_06-17-0S.rloc
9-5
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
~~~~~\\
Bart C. Miesfeld
Interim City Attorney
Dated: -bWll.'" \\:) .'] ()()-r;
JU
Memorandum of Understanding
between
The City ofChula Vista
and
Chula Vista Elementary School District
to operate DASH and STRETCH programs
9-6
Attachment A
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF CHULA VISTA
A.i'ID
CHULA VISTA ELEMENTARY SCHOOL DISTRICT
This MOU is entered into by the City of Chula Vista and the Chula Vista Elementary School
District.
This is an agreement to operate an after school recreational program ("DASH" - Dynamic After
School Hours), and an extended school day educational program (STRETCH - Safe Time for
Recreation, Emichment and Tutoring for Children) in Chula Vista Elementary School District
schools in Fiscal Year 2008-2009.
The parties agree that the Chula Vista Elementary School District shall:
1. Facilitate communication of the DASH and STRETCH Programs' missions, goals and
objectives to all participating school sites, in particular to principals, PT As and School
Site Councils.
2. Actively promote cooperation and coordination among and between school sites and all
personnel involved in DASH and STRETCH activities.
3. Participate in the development and actualization of a plan to evaluate the DASH and
STRETCH programs.
4. Provide a staffliaison with the City as a key contact.
5. Coordinate the daily delivery of snacks for participating children through Child Nutrition
Services.
6. Provide the CityofChula Vista $1,704,993 in Fiscal Year 2008-2009 towards the cost of
operating the DASH and STRETCH Programs, payable within 30 days of receipt of four
quarterly City of Chula Vista invoices of $426,248.25 each, on 9/2/08, 12/1/08, 3/2/09,
and 6/1/09.
The parties agree that the City of Chula Vista shall:
1. Provide a Library Department Manager to oversee the DASH and STRETCH Programs'
activities, in cooperation with District staff.
2. Facilitate communication of the DASH and STRETCH Programs' missions, goals and
objectives to all participating staff.
3. Actively promote cooperation and coordination among and between school sites and all
personnel involved in DASH and STRETCH activities.
4. Participate in the development and actualization of a plan to evaluate the DASH and
STRETCH programs.
5. Operate the DASH Program at the following 26 District Schools: Allen, Arroyo Vista,
Casillas, Chula Vista Hills, Clear View, Cook (DASH Plus), Discovery Charter,
EastLake, Halecrest, Hedenkamp, Heritage, Hilltop (DASH Plus), Kellogg, Liberty,
Thurgood Marshall, McMillin, Olympic View, Palomar (DASH Plus), Parkview, Rogers,
9-7
Rosebank, Salt Creek, Tiffany, Valle Lindo (DASH Plus), Veterans, and Wolf Canyon
Elementary Schools. Note: DASH Plus sites offer extended hours and curriculum.
6. Recruit, hire, and train 60 part-time DASH Leaders (plus "floaters" as needed), under the
supervision of 3 full-time Educational Services Supervisors.
7. Operate the STRETCH Program at the following 7 District Schools: Harborside (100
students), Lauderbach (100 students), Lorna Verde (80 students), Montgomery (100
students), Mueller (100 students), Otay (80 students), and Rice (60 students) Elementary
Schools.
8. Recruit, hire, and train 7 part-time, benefited STRETCH School Site Coordinators, and
31 part-time Youth Leaders, (plus "floaters" as needed), under the supervision of a full
time STRETCH Supervisor.
9. Provide individual participating schools with detailed terms of agreement regarding
specific program hours, staffing, programming, shared use of facilities, etc.
10. Contribute the following:
$465,109 in STRETCHlDASH budgeted general funds; City wide overhead (human
resources, payroll, [mance, MIS, purchasing, and other City Departments) - in kind.
11. Act as fiscal agent for the combined District and City funds, the duties of which include
but are not limited to budgeting, appropriating, expending, tracking, and reporting funds.
The parties agree that a joint decision-making panel shall continue to govern the DASH and
STRETCH Programs. The panel is comprised of the following District and City employees:
Chula Vista Elementary School District:
Assistant Superintendent for Business Services
Executive Director for Student, Family and Comrmmity Services
City of Chula Vista
Chula Vista Public Library Director
Library Department Manager
The parties further agree to the following:
Defense and Indemnity
1. Claims Arising From Sole Acts or Omissions of the District.
The Chula Vista Elementary School District (District), hereby agrees to defend
and indemnify the City of Chula Vista (Chula Vista), and its agents, officers and
employees, from any claim, action or proceeding against Chula Vista, arising
solely out of the acts or omissions of the District in the performance of this
Agreement. At its sole discretion, Chula Vista may participate at its own expense
in the defense of any claim, action or proceeding, but such participation shall not
relieve the District of any obligation imposed by this Agreement.
9-8
2. Claims Arising From Sole Acts or Omissions of City of Chula Vista.
Chula Vista hereby agrees to defend and indenmifY the District, and its respective
agents, officers and employees, from any claim, action or proceeding against the
District, arising solely out of the acts or omissions of Chula Vista in the
performance of this Agreement. At its sole discretion, the District may participate
at its own expense in the defense of any claim, action or proceeding, but such
participation shall not relieve Chula Vista of any obligation imposed by this
Agreement. The District shall promptly notify Chula Vista of any claim, action or
proceeding and cooperate fully in the defense.
3. Claims Arising From Concurrent Acts or Omissions.
Chula Vista hereby agrees to defend itself and the District hereby agrees to defend
itself, from any claim, action or proceeding arising out of the concurrent acts or
omissions of Chula Vista and the District. In such cases, Chula Vista and the
District agree to retain their own legal counsel, bear their own defense costs, and
waive their right to seek reimbursement of such costs, except as provided in
subsection 4.14.5 below.
4. Joint Defense.
Notwithstanding subsection 4.14.3 above, in cases where Chula Vista and the
District agree in writing to a joint defense, Chula Vista and the District may
appoint joint defense counsel to defend the claim, action or proceeding arising out
of the concurrent acts or omissions of Chula Vista and the District. Joint defense
counsel shall be selected by mutual agreement of the parties. The parties further
agree that no party may bind the other party to a settlement agreement without the
written consent of the other party.
5. Reimbursements and/or Reallocation.
Where a final judgment of a court award allocates or determines the comparative
fault of the parties, Chula Vista and the District may seek reimbursement and/or
reallocation of defense costs, settlement payments, judgments and awards,
consistent with such comparative fault.
CHULA VISTA ELEMENTARY
SCHOOL DISTRICT
CITY OF CHULA VISTA
By:
By:
Date:
Date:
9-9
n'~~'~
~~~~
PUBLIC LIBRARY
CHULA VISTA
DRAFT
MINUTES
LIBRARY BOARD OF TRUSTEES
Attachment B ~\~
~.-;:
~= - :-
(lIT OF
CHULA VISTA
MAY 21, 2008
4:00PM
CIVIC CENTER LIBRARY
CONFERENCE ROOM
BOARD MEMBERS PRESENT:
CHAIR VALERIO, TRUSTEES 0 LINDER, S LiNDER,
& STILLMAN
BOARD MEMBERS ABSENT:
TRUSTEE MARTINEZ
CITY STAFF PRESENT:
LIBRARY DIRECTOR LEAH BROWDER, ASSISTANT
LIBRARY DIRECTOR ROD REINHART, SECRETARY
ANNA GIULIANO, SR. MANAGEMENT ANALYST
MARIYAANTON
OTHERS PRESENT:
JOAN ROSEMAN, FRIENDS OF THE LIBRARY
I. CALL TO ORDER I ROLL CALL
Board Chair Valerio called the meeting to order at 4:02pm
II. ApPROVAL OF MINUTES
Motion was made (D Linder I S Linder) to accept the Minutes of the April 16, 2008
Regular meeting. Motion was unanimously carried.
III. CONTINUED MATTERS
A. FY 2007-2008 - Discussion regarding the current budget took place; the Library
continues to work with Finance for a trouble-free turnover to the new budget year.
B. FY 2008-2009 - Retirement of Assistant Library Director Roderick Reinhart was
announced: his last day is scheduled to be August 4, 2008. Trustees were advised that
they would attempt to fill the assistant director's position as well as that of an Associate
who would also be retiring: however, it may not be done until the end of the calendar
year due to the hiring freeze. Discussion regarding Fiscal Year 2008-2009 took place
and it was mentioned the City Manager was happy expanded hours would be returned to
the Civic Center Branch; new hours to take affect on August 1, 2008.
Director Browder advised she had attended a meeting of the Veteran's Advisory
Commission regarding a "Veteran's Wing" at the Civic Center Branch and the suggestion
was met with enthusiasm. Members of the VAC advised Ms. Browder to also contact
the Veterans of Foreign Wars, the American Legion and the Veteran's Affairs Committee
asking for support.
Remodeling of the Civic Center Branch was discussed. Re-carpeting of the Children's
Room at the Civic Center Branch is scheduled for the Memorial Day weekend. Chair
Valerio advised that pictures of before & after should be taken and the Friends of the
9-10
Attachment B
DRAFT
MINUTES
LIBRARY BOARD OF TRUSTEES
Library should send out a press release. Fundraising for further renovation was
discussed as well as fund raising for a bookmobile.
C. REORGANIZATION - Discussion regarding the Library's reorganization took place with
Director Browder advising the move would take place the first week of June in order to
have everything in place when the expanded hours take effect as well as the library's
new centralized schedule.
IV. NEW BUSINESS
A. BOOK DROP FOR SOUTH
A memo submitted by Ramiro Gonzalez, South Branch Manager, was distributed.
Director Browder advised she would contact General Services to ascertain if the
approximate $7,000.00 would be enough to cover installation of two book drop boxes at
the South Branch.
B. Chula Vista Land Deal for UniversitylTechnology Park
Chair Valerio discussed the option of the City using newly acquired land in east Chula
Vista set aside for a possible university to build a library on. Board of Trustees felt the
option should be further investigated.
C. School District Agreements
Trustees were advised that two school district agreements would expire June 30, 2008;
the Eastlake agreement with the Sweetwater Union High School District and the After
School Program agreement with Chula Vista Elementary School District.
After a short discussion, Motion was made (Stillman / S Linder) to recommend City
Council approve the Resolution approving the renewal of an agreement with the
Sweetwater union High School District for the joint use of the library facility at Eastlake
High School. Motion unanimously passed
Motion was made (Stillman I D Linder) to recommend City Council approve the
Resolution approving the FISCAL YEAR 2008/2009 Memorandum of Understanding
between the City of Chula Vista and the Chula Vista Elementary School District
regarding joint operation of the Dynamic After School Hours (DASH) after school
program, and the Safe Time for Recreation, Enrichment, and Tutoring for Children
(STRETCH) extended school day educational program. Motion unanimously passed.
V. LIBRARY DIRECTOR'S REPORT
A. MONTHLY REPORT
It was noted that E-Books were not doing well because the download process is not very
user friendly, also its application is limited to only MP3 players.
B. National Arts Program Display
Trustees were advised that art from the National Arts Program would be on display for
two weeks in the Civic Center Branch and winners would be moved to the South Branch
to be displayed. Trustees were invited to the awards ceremony on June 14'h at the
South Branch.
9-11
Attachment B
DRAFT
MINUTES
LIBRARY BOARD OF TRUSTEES
C. OTHER
S Linder asked if the option of opening store front with Rancho del Rey materials was
still feasible? Library Director advised that that possibility as well as a bookmobile
possibility were being considered.
VI. COMMUNICATIONS
A. FRIENDS
President of the Friends of the Library, Joan Roseman, advised the group has been very
busy; their online books have made over $9,000 since opening. Ms. Roseman also
distributed the first issue of the Friends newsletter and advised of a book sale on June
yth at the Civic Center library.
B. PUBLIC COMMENTS
Trustees were reminded they would be voting for a Chair and Vice-Chair at the June 18'h
meeting.
C. WRITTEN COMMENTS
None
D. BOARD COMMENTS
None
VII. ADJOURNMENT
MEETING WAS ADJUOURNED AT 5:33
Next meeting scheduled:
Regular Meeting - Wednesday, June 18, 2008 at 4:00pm
Respectfully Submitted:
Approved:
Anna Giuliano, Secretary
9-12
CITY COUNCIL
AGENDA STATEMENT
::?}\{~ CITYOF
~.;.. (HUlA VISTA
June 17,2008, Item 1P
ITEM TITLE:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE SUBMITTAL OF AN
APPLICATION TO THE CALIFORNIA DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT FOR
CALHOME PROGRAM FUNDS AND AUTHORIZING THE
CITY MANAGER TO EXECUTE ALL NECESSARY
AGREEMENTS AND RELATED DOCUMENTS
SUBMITTED BY:
ASSISTANT ~~~1))_R OF
HOUSINGfi
r
CITY MANAGER
REDEVELOPMENT AND
REVIEWED BY:
4/5THS VOTE: YES D NO 0
BACKGROUND
The City of Chula Vista wishes to authorize Community HousingWorks to apply for
funds from the State of California on its behalf, to increase available funding for the
City's Down Payment and Closing Costs Assistance Program. The California Department
of Housing and Community Development issued a Notice of Funding Availability
(NOF A) under the CalHome Program on April 18, 2008. The NOF A has been issued for
approximately $60 million, which was provided by the passage of Proposition 1 C-
Housing and Emergency Shelter Trust Fund Act of2006.
ENVIRONMENT AL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for
compliance with the California Environmental Quality Act (CEQA) and has determined
that the activity is not a "Project" as defined under Section 15378 of the State CEQA
Guidelines; therefore, pLlfsuant to Section 15060(c)(3) of the State CEQA Guidelines the
activity is not subject to CEQA. Thus, no environmental review is necessary.
10-1
June 17,2008, Item ~
Page 2 of 3
RECOMMEND A nON
Adopt the resolution.
BOARDS/COMMISSION RECOMMENDA nON
The Housing Advisory Commission (HAC) recommended funding for this program on
June 9, 2008 (5-0 Vote).
DISCUSSION
As part of a commitment to provide homeownership opportunities to its residents, the
City offers a variety of homeovmership assistance programs. The City's partnership with
Community HousingWorks (CHW) includes a continuum of educational services to serve
homebuyers and existing homeowners. Tonight's action will authorize the City to submit
an application to the State of California for CalHome funds to leverage the HOME
Investment Partnerships Program (HOME) funds used in the' City's Down Payment and
Closing Costs Assistance Program (DCCA).
The California Department of Housing and Community Development has issued a NOF A
of approximately $60 million, which is provided by the passage of Proposition 1 C, the
Housing and Emergency Shelter Trust Fund Act of2006. Funding Awarded through this
NOF A will provide for homeovmershi p assistance program activities under the CalHome
program through local and public and nonprofit agencies.
If approved, up to $900,000 in State grant funds ,,,,ill be used by the City to provide
additional funding to low-income first-time homebuyers for downpayment assistance in
the form of deferred payment loans. This strategy will allow the City to: I) leverage the
federal HOME Investment Partnerships Program funds; 2) maximize the number of first-
time homebuyers assisted by the City using combined federal/State grant funding; and 3)
infuse additional funding into the City's existing first-time homebuyer programs.
If the CalHome grant is approved the funds will be utilized to provide additional
financing of up to $40,000 for a total financing assistance of $80,000, pay for first-time
homebuyer educational costs, and pay for loan processing costs. It is anticipated that the
CalHome grant used in conjuction with the Federal HOME program funds will provide
sufficient financing to assist approximately 20 low-income households to become
homeowners.
All repayment of CalHome loans will be deposited into the CalHome Trust Fund to
provide additional CalHome loans after the $900,000 Cal Home has been fully expended.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specific and consequently the 500 foot rule found in California Code of
Regulations section I 8704.2(a)(1 ) is not applicable to this decision.
10-2
June 17, 2008, Item~
Page 3 of 3
FISCAL IMPACT
Funds for the CalHome program are not budgeted in the Fiscal Year 2008-2009 budget.
The funding source will be California Department of Housing and Community
Development CalHome program. If approved, this request may result in up to $900,000
in reimbursable costs, and will result in no additional staff costs.
Prepared by:
Jose Dorado, Project Coordinator II, Redevelopment & Housing Department
10-3
RESOLUTION NO. 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE SUBMITTAL OF AN
APPLICATION TO THE CALIFORNIA DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT FOR
CALHOME PROGRAM FUNDS AND AUTHORIZING THE
CITY MANAGER TO EXECUTE ALL NECESSARY
AGREEMENTS AND RELATED DOCUMENTS
WHEREAS, pursuant to Health and Safety Code section 50650, et seq (the "Statute"), the
California Legislature created the CalHome Program to support existing homeownership
programs aimed at lower and very low-income households and operated by private nonprofit and
local government agencies; and
WHEREAS, the California Department of Housing and Community Development
CHCD") has issued a Notice of Funding Availability for the CalHome Program; and
WHEREAS, pursuant to the Statute, HCD is authorized to approve funding allocations
utilizing monies made available by the California Legislature to the CalHome Program, subject
to the terms and conditions of the Statute and the CalHome Program regulations adopted by
HCD on August 15,2003 and revised in April 2004; and
WHEREAS, staff seeks the CaIHome Program funds in order to leverage the HOME
Investment Partnership Program funds used in the City's First Time Homebuyer Down Payment
and Closing Costs Assistance Program; and
WHEREAS, the City and Community HousingWorks entered into to an agreement, dated
August 23, 2007, for management of the City's First Time Homebuyer Down Payment and
Closing Cost Assistance Program; and
WHEREAS, Community HousingWorks will apply for the CaIHome Program funds on
the City's behalf; and
WHEREAS, if approved, up to $900,000 in CalHome Program funds will be used by the
City to provide additional funding to low-income first-time homebuyers for downpayment
assistant in the form of deferred payment loans.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
as follows:
1. That it authorizes the submittal of an application to the California Department of Housing
and Community Development for CalHome Program funds.
10-4
Resolution No.7
Page 2
2. That it authorizes the City Manager to execute all necessary agreements and related
documents.
Presented by
Approved as to form by
\,r:!t~/,,- !l L~ ~
Bart C. Miesfeld t
Interim City Attorney
David R. Garcia
City Manager
10-5
CITY COUNCIL
AGENDA STATEMENT
~\lft- CITYOF
~CHUlA VISTA
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
BACKGROUND
June 17, 2008, Item el'
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FIRST AMENDMENT TO
THE AGREEMENT BETWEEN THE CITY AND
COMMUNITY HOUSINGWORKS TO ADD THE OPERATION
OF A PILOT HOMEOVVNERSHIP PROGRAM. FOR
ABANDONED FORECLOSED PROPERTIES TO THE SCOPE
OF WORK, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE FIRST AMENDMENT, ESTABLISHING A
NEW NON-CIP PROJECT, AND APPROPRIATING $300,000
OF A V AILABLE HOME INVESTMENT PARTNERSHIP
FUNDS TO THAT PROJECT
ASSISTANT DIRECTOR OF REDEVELOPMENT
HOUSING
CITY MANAGER
AND..,H
.'0
(~0V
\..,
4/5THS VOTE: YES 0 NO D
In response to the increase in vacant, bank-owned properties the City is proposing a pilot
homeownership program to use targeted homeowners hip assistance for pre-approved low
income buyers to buy vacant Real Estate Owned (REO) properties. The City has
unallocated HOME Investment Partnership (HOME) funds available to fund this
program.
Last year Community HousingWorks (CHW) was selected through a Request for
Proposal (RFP) process to administer the City's Downpayment and Closing Cost
Assistance (DCCA) Program. This program would add an additional program to the
Scope of Work, requiring an amendment to the current agreement.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed actIvIty for
compliance with the California Environmental Quality Act (CEQA) and has determined
that the activity is not a "Project" as defined under Section 15378 of the State CEQA
11-1
June 17,2008, ItemL
Page 2 of3
Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the
activity is not subject to CEQA. Thus, no environmental review is necessary.
Additionally, down payment assistance and associated administration are deemed exempt
per the National Environmental Protection Act regulations.
RECOMMENDA nON
Adopt the resolution:
1) Authorizing the City Manager to execute an Amendment to an eXlstmg
Consulting Services Agreement with Community HousingWorks and to add the
operation of a pilot homeowners hip program for abandoned foreclosed properties,
and
2) Establish a new non-CIP project for this program and appropriate $300,000 of
available HOME Investment Partnership Funds
BOARDS/COMMISSION RECOMMENDA nON
On June 9, 2008, the Housing Advisory Commission voted (5-0) recommending Council
to approve additional financial assistance ($300,000) from the City's available HOME
funds for the Pilot Program for low-income First Time Home Buyers.
DISCUSSION
The high cost of housing and riskier underwriting standards have led to a significant
increase in home foreclosures. The recent cooling in the housing market has kept many
of these bank owned homes vacant, having a negative impact on the surrounding
neighborhood and community as a whole. Chula Vista currently has one of the highest
foreclosure rates in the County (6-15 per 1,000 homes). Also, it was estimated in recent
analysis that approximately 70% of sales are distressed properties and almost 50%
foreclosures.
As part of a commitment to provide homeownership opportunities to its residents, the
CIty offers a variety of homeowners hip assistance programs. The City's partnership with
Community HousingWorks includes a continuum of educational services to serve
homebuyers and existing homeowners. Tonight's action will authorize the City to
include an innovative pilot program to services already offered by Community
Housing Works. In general the program would provide incentive for low income families
wishing to enter the homeownership market to purchase vacant foreclosed property using
the outline listed below:
.
Community HousingWorks, and approved real estate agents would work
with banks to sell foreclosed homes to pre-approved first time
homebuyers.
The buyers would bring a first mortgage that was affordable to their
household income, the gap (up to $70,000 total) would be provided
through the City's HOME funds dedicated for downpayment assistance.
.
11-2
June 17,2008, Item-.1L
Page 3 of 3
.
The City assistance will be recorded as a silent second loan.
CHW will provide home buyer education and counseling to lower income,
first-time homebuyers through a Full-Cycle Lending system.
.
Participants interested in Chula Vista's homeowners hip programs can choose between a
lower loan for an acceptable unit throughout Chula Vista, or a higher loan amount to
purchase a vacant foreclosed home. The main difference of the REO program is that pre-
approved buyers would be given financial incentive to invest in abandoned properties.
Staff is recommending a $300,000 allocation of HOME funds for this initial pilot
program and authorization to amend the existing First Time Homebuyer Agreement with
Community HousingWorks. If the program is successful, staff will return for additional
funding when necessary.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specific and consequently the 500 foot rule found in California Code of
Regulations section 18704.2(a)(l) is not applicable to this decision.
FISCAL IMPACT
HOME Investment Partnership funds are block grant funds available to the City for
affordable housing purposes from the U.S. Department of Housing and Urban
Development. Downpayment assistance loans and related administration are an eligible
HOME use.
The City must allocate $270,000 to a project by June 30, 2008 in order to avoid
recapture. $300,000 of HOME funds will be appropriated in a new non-CIP project for
this purpose, with a not to exceed amount 01'$19,000 for contractual services.
ATTACHMENTS
I. Amendment to Two Party Agreement
Prepared by
Department
Amanda Mills, Redevelopment & Housing Manager. Redevelopment & Housing
11-3
IrE/Vl II
r!4C-fZ~~7E D {!oP/
RESOLUTION NO. 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FIRST AMENDMENT TO
THE AGREEMENT BETWEEN THE CITY AND
COMMUNITY HOUSINGWORKS TO ADD THE OPERATION
OF A PILOT HOMEOWNERSHIP PROGRAM FOR REAL
ESTATE OWNED PROPERTIES TO THE SCOPE OF WORK,
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
FIRST AMENDMENT, ESTABLISHING A NEW NON-CIP
PROJECT, AND APPROPRIATING $300,000 OF A V AILABLE
HOME INVESTMENT PARTNERSHIP FUNDS TO THAT
PROJECT
WHEREAS, the City and Community HousingWorks entered into to an agreement, dated
August 23, 2007, for Management of a First Time Homebuyer Downpayment and Closing Cost
Assistance Program (the "Agreement"); and
WHEREAS, pursuant to the Agreement, Community I-lousingWorks agreed to administer
the City's HOME Investment Partnership Program funds loan program in accordance with
HOME requirements including, but not limited to, underwriting loans for first-time homebuyers,
servicing the loans, and providing monitoring and reporting services; and
WHEREAS, Community I-lousingWorks offers an innovative pilot program that would
provide an incentive for low-income families wishing to enter the homeownership market to
purchase abandoned foreclosed property; and
WHEREAS, staff wishes to add this pilot program to its scope of work under the
Agreement; and
WHEREAS, the City has HOME Investment Partnership funds set aside for atTordable
housing available to fund this program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista
as follows:
1. That it approves the First Amendment to the agreement between the City and
Community HousingWorks to add the operation of a pilot homeowners hip program
for Real Estate Owned properties to the Scope of Work.
2. That it authorizes the City Manager to execute the First Amendment.
J:\Attorncy\RESO\AGREEMENTSICommunily I-lousingworb First Amendmcnl_06-17-08.doc
Resolution No. 2008-
Page 2
3. That it establishes a new non-CIP project and appropriates $300,000 of available
HOME Investment Partnership Funds to that project.
Presented by:
Approved as to form by:
.-!~ (L k~ _1-'--
Bart C. Miesfeld .
Interim City Attorney
David R. Garcia
City Manager
JI..AlIomey\RESO\AGREEMENTSICommunity HOllsingworks First Amendment_ 06-17-08 doc
-~ -
RESOLUTION NO. 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FIRST AMENDMENT TO
THE AGREEMENT BETWEEN THE CITY AND
COMMUNITY HOUSINGWORKS TO ADD THE OPERATION
OF A PILOT HOMEOWNERSHIP PROGRAM FOR
ABANDONED FORECLOSED PROPERTIES TO THE SCOPE
OF WORK, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE FIRST AMENDMENT, ESTABLISHING A
NEW NON-CIP PROJECT, AND APPROPRIATING $300,000
OF AVAILABLE HOME INVESTMENT PARTNERSHIP
FUNDS TO THAT PROJECT
WHEREAS, the City and Community HousingWorks entered into to an agreement, dated
August 23, 2007, for Management of a First Time Homebuyer Downpayment and Closing Cost
Assistance Program (the "Agreement"); and
WHEREAS, pursuant to the Agreement, Community HousingWorks agreed to administer
the City's HOME Investment Partnership Program funds loan program in accordance with
HOME requirements including, but not limited to, underwriting loans for first-time homebuyers,
servicing the loans, and providing monitoring and reporting services; and
WHEREAS, in 2007, the City Council adopted the Abandoned Residential Property
Registration Program, which requires mortgage lenders to register defaulted, vacant properties
with the City and begin to secure and maintain the property to the neighborhood standard, among
other duties; and
WHEREAS, Community HousingWorks offers an innovative pilot program that would
pair up low-income families wishing to enter the homeownership market with banks owning
vacant property; and
WHEREAS, staff wishes to add this pilot program to its scope of work under the
Agreement; and
WHEREAS, the City has HOME Investment Partnership funds set aside for affordable
housing available to fund this program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista
as follows:
I. That it approves the First Amendm~nt to the agreement between the City and
Community HousingWorks to add the operation of a pilot homeownership program
for abandoned foreclosed properties to the Scope of Work.
J:\Altomcy\RESO\AGREEMENTS\Community Housingworks First Amendmenl_ oc,.I 7-0S.doc
. :...i
. ..-' I
Resolution No. 2008-
Page 2
3. That it establishes a new non-ClP project and appropriates $300,000 of available
HOME Investment Partnership Funds to that project.
Presented by:
Approved as to form by:
David R. Garcia
City Manager
~~es~h~ tfr-
Interim City Attorney
J:\AttorncyIRESO\AGREEME).!'J'S\Comrnunity Ilo"singwo,ks Fir,t Amendment_06- 17_0R,doc
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FOR1\1 BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
\~d~~~
Bart C. Miesfeld
Interim City Attorney
Dated:
6!/{!o<i!
First Amendment to
Agreement between
City of Chula Vista
and
Community HousingWorks
for
Management of a First Time Homebuyer Downpayment
and Closing Cost Assistance Program
11-6
ATTACHMENT 1
FIRST AMENDMENT TO THE AGREEMENT BETWEEN
THE CITY OF CHULA VISTA
AND
COMMUNITY HOUSING WORKS
For
Management of a First Time Homebuyer Downpayment
and Closing Costs Assistance Program
RECIT ALS
A. The City of Chula Vista ("City") and Community HousingWorks ("Consultant")
(collectively, the "Parties") entered into to an agreement, dated August 23,2007, for
Management of a First Time Homebuyer Downpayment and Closing Cost Assistance
Program (the "Agreement").
B. Pursuant to that Agreement, Consultant agreed to administer the City's HOME
Investment Partnership Program funds loan program in accordance with HOME
requirements including, but not limited to, underwriting loans for first-time homebuyers,
servicing the loans, and providing monitoring and reporting services
C. Consultant offers an innovative pilot program that would provide an incentive for
low-income families wishing to enter the homeownership market to purchase vacant
foreclosed property.
D. The City wishes to add this program to its scope of work under the Agreement.
The City and Consultant agree as follows:
AGREEEMNT
1. Exhibit A, Paragraph 7, General Duties, at the end of the paragraph, add the
following: "Consultant shall provide management for the Pilot Homeowner Program for
Real Estate Owned (REO) foreclosed properties in accordance with HOME Investment
Partnership Program City requirements."
2. Exhibit A. Paragraph 8. Scope of Work and Schedule, A. Detailed Scope of Work,
after the last paragraph, add the following:
"Consultant shall administer the Pilot Homeowner Program for REO foreclosed
properties using the similar guidelines as the City's Downpayment and Closing Cost
Assistance Program.
1
11-7
Consultant shall identify first time low-income home buyers (those families earning less
than 80% of the Area Median Income) that wish to purchase vacant foreclosed properties
at a negotiated price.
Consultant understands that $300,000 in HOME funds are available for assistance of up
to $30,000 for each homebuyer purchasing an REO foreclosed property. This allocation
is in addition to the original program allocation of$500,000."
3. Exhibit A, Paragraph 8. Scope of Work and Schedule, B. Date for Commencement of
Consultant Services, add the following: "The Effective Date of this First Amendment is
June 17,2008."
4. Exhibit A, Paragraph 8. Scope of Work and Schedule, D. Date for completion of all
Consultant services, delete "July 31,2008" and replace with "June 30, 2009". Delete
"This agreement may also be extended by mutual agreement for up to five years, in one-
year increments." and replace with "This Agreement may be extended by mutual
agreement, and upon the written approval of the City Manager, for up to four additional
one-year terms."
5. Exhibit A, Paragraph 8. Scope of Work and Schedule, B.3. Compensation, add the
following: "REO Program Set-Up $1,500".
All other terms of the Agreement shall remain in full force and effect.
[Next Page is Signature Page.]
2
11-8
SIGNATURE PAGE
FIRST AMENDMENT TO THE AGREEMENT BETWEEN
THE CITY OF CHULA VISTA
AND
COMMUNITY HOUSING WORKS
For
Management of a First Time Homebuyer Downpayment
and Closing Costs Assistance Program
IN WITNESS WHEREOF, City and Consultant have executed this First Amendment to
the Agreement indicating that they have read and understood the First Amendment and
indicate their full and complete consent to its terms:
,2008
City of Chula Vista
Dated:
by:
David R. Garcia, City Manager
Attest:
Donna NOITis, Acting City Clerk
Approved as to form:
Bart C. Miesfield, Interim City Attomey
nt & CEO
Dated:
Exhibit List to First Amendment to Agreement:
(X) Agreement between the City of Chula Vista and Community HousingWorks dated
August 23, 2007
J:\Attomt:y\ELISA\AGREEMENTS\Community HousingWorks First Am~ndment.doc
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11-9
"~i8.:.
CITY COUNCIL
AGENDA STATEMENT
., l
~ I If:.. CITY OF
~CHULA VISTA
06/17/2008
Item JR.
ITEM TITLE:
PUBLIC HEARING BY THE CITY COUNCIL OF THE CITY
OF CHULA VISTA TO NOTICE ACCEPTANCE AND
APPROPRIATION OF THE EDWARD BYRNE MEMORIAL
JUSTICE ASSISTANCE GRANT FUNDS.
SUBMITTED BY:
REVIEWED BY:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING $31,860 FROM THE BUREAU
OF JUSTICE ASSISTANCE FOR THE 2008 EDWARD
BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT AND
AMENDING THE FISCAL YEAR 2008/2009 ADOPTED
BUDGET BY APPROPRIATING SAID FUNDS TO THE
LOCAL LAW ENFORCEMENT BLOCK GRANT FUND.
CHIEF OF POLIC~
CITY MANAGER
YES X NO
SUMMARY
The Police Department has recently received notice of an Edward Byrne Memorial
Justice Assistance Grant award in the amount of $31,860 from the Bureau of Justice
Assistance. These funds were allocated to the Police Department based on city
population and Part I violent crime statistics.
ENVIRONMENTAL REVIEW
Not Applicable.
RECOMMENDATION
That Council conduct the public hearing and adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION
Not Applicable.
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06/17/2008, ltem12..
Page 2 of2
DISCUSSION
Proposed to streamline justice funding and grant admillistration, the Edward Byrne
Memorial Justice Assistance Grant (JAG) Program allows states, tribes, and local
governments to support a broad range of activities to prevent and control crime based on
. their local needs and conditions. JAG blends the previous Byrne Formula and Local Law
Enforcement Block Grant (LLEBG) Programs to provide agencies with the flexibility to
prioritize and place justice funds where they are needed most.
Federal funds from the Edward Byrne Memorial JAG Program must be used to
supplement existing funds for program activities and cannot replace, or supplant,
non federal funds that have been appropriated for the same purpose. The unit of local
government must provide an assurance that the application or any future amendment was
made public and an opportunity to comment was provided to citizens and the
neighborhood or community organizations to the extent applicable law. Local match is
not required with the JAG Program.
The Police Department received notice on June 4, 2008, of an Edward Byrne Memorial
JAG award in the amount of $31,860 from the Bureau of Justice Assistance. These funds
were allocated to the Police Department based on city population and Part I violent crime
statistics. Part I violent crimes include murder and non-negligent manslaughters, forcible
rape, robbery, and aggravated assaults as reported by the FBI. Acceptance and
appropriation of these funds requires a public hearing per stipulations of the Justice
Assistance Grant.
The Police Department recommends using the JAG funds for the purchase of
miscellaneous police-related supplies. The primary use of these funds will be to purchase
supplies for the department such as radios and other public safety equipment throughout
the entire department. These funds will be used to augment the department's supplies
and will not supplant supplies already included in the general fund budget.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specific and consequently the 500 foot rule found in California Code of
Regulations section 18704.2(a)(I) is not applicable to this decision.
FISCAL IMPACT
Approval of this resolution will result in the amendment of the fiscal year 2008/2009
adopted budget by appropriating $31,860 to the supplies and services category of the
Local Law Enforcement Block Grant Fund (fund 254). The funding from the 2008
Edward Byrne Memorial Justice Assistance Grant will completely offset these costs,
resulting in no net fiscal impact to the General Fund.
A TT ACHMENTS
None.
Prepared by: Edward Chew, Administrative Services Manager, Police Department
12-2
RESOLUTION NO. 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING $31,860 FROM THE BUREAU
OF JUSTICE ASSISTANCE FOR THE 2008 EDWARD BYR1'\1E
MEMORIAL JUSTICE ASSISTANCE GRANT AND
AMENDING THE FISCAL YEAR 2008/2009 ADOPTED
BUDGET BY APPROPRIATING SAID FUNDS TO THE
LOCAL LAW ENFORCEMENT BLOCK GRANT FUND
WHEREAS, the Chula Vista Police Department received notice on June 4, 2008, of an
Edward Byrne Justice Assistance Grant (JAG) award in the amount of $31,860 from the Bureau
of Justice Assistance (BJA); and
WHEREAS, federal funds from the Edward Byrne Memorial JAG Program must be used
to supplement existing funds for program activities and cannot replace, or supplant, nonfederal
funds that have been appropriated for the same purpose; and
WHEREAS, the unit of local government must provide an assurance that the application
or any future amendment was made public and an opportunity to comment was provided to
citizens and the neighborhood or community organizations to the extent applicable law; and
WHEREAS, these funds were allocated to the Chula Vista Police Department based on
population and Part I violent crimes statistics; and
WHEREAS, Part 1 violent crimes include murder and non-negligent manslaughters,
forcible rape, robbery, and aggravated assaults, as reported by the Federal Bureau of
Investigations; and
WHEREAS, the Police Department recommends using the JAG funds for the purchase of
miscellaneous police-related supplies, such as radios and other public safety equipment
throughout the entire department; and
WHEREAS, these funds will be used to augment the department's supplies and will not
supplant supplies already included in the general fund budget; and
WHEREAS, the funding from the 2008 Edward Byrne Memorial Justice Assistance
Grant will completely offset the total project costs.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby accept $31,860 from the Bureau of Justice Assistance for the 2008 Edward Byrne
Memorial Justice Assistance Grant.
l:lAuomey\RESQ\POUCE'Edward Byrne Granl_06-17-0S,doc
12-3
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Resolution No. 2008-
Page 2
BE IT FURTHER RESOLVED, that the City Council does hereby direct staff to
appropriate said funds to the Fiscal Year 2008/2009 budget of the Local Law Enforcement Block
Grant Fund.
Presented by
Approved as to form by
Richard P. Emerson
Chief of Police
~S(N\f\ \'\~~\l,
Bart R. Miesfeld
Interim City Attorney
J:\AtLOrneyDtESO\POUCElEdward B>Tne Grant_ 06-17-QS,doc
12-4