HomeMy WebLinkAbout2008/09/23 Agenda Packet
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CITY OF
CHUIA VISTA
Cheryl Cox, Mavor
Rudy Ramirez, Council member David R. Garcia, City Manager
John McCann, Councilmember Bart Miesfeld, Interim City Attorney
Jerry R. Rindone, Counciimember Donna Norris, Interim City Clerk
Steve Castaneda, Councilmember
September 23, 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 COMMENDrNG MR.
JAMES M. GALLIHER AS THE 2008 VETERAN OF THE YEAR
CONSENT CALENDAR
(Items 1 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.
1. APPROVAL OF MIl'<UTES of July 22 and July 23, 2008.
Staff recommendation: Council approve the minutes.
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September 23, 2008
~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDI'JG THE APPENDIX TO THE LOCAL CONFLICT OF INTEREST CODE
AND DESIGNATING FILERS FOR PURPOSES OF ABI234
The Political Reform Act requires every local agency to review its Conflict of Interest
Code biennially to determine if it is accurate or, alternatively, that the Code must be
amended. The proposed Resolution adopts an amended appendix to the City's Conflict
of Interest Code, listing the officials and designated employees of the City who are
required to file periodic statements of economic interest and the disclosure categories
under which each such official and designated employee is required to file. (Interim City
Attorney/Interim City Clerk)
Staff recommendation: Council adopt the resolution.
3. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING BIDS AND AWARDING THE CONTRACT FOR THE CIVIC CENTER
LIBRA.RY CHILLER PLANT TURBOCOR RETROFIT PROJECT IN THE CITY OF
CHULA VISTA, CALIFORNIA (CIP NO. GG202B) TO EMCOR
SERVICES, INC./MESA ENERGY SYSTEM, I'JC.
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE APPROPRIATION OF ANY SDG&E REBATE FUNDS
AND/OR UNUSED CONTINGENCIES IN THE CIVIC CENTER LIBR.A.RY
CHILLER PLANT TURBOCOR RETROFIT PROJECT (CIP NO. GG202B) TO
CAPITAL IMPROVEMENT PROJECT NO. GGI95 (4/5THS VOTE REQUIRED)
Since the summer of 2006, the chiller plant at the Civic Center Library has been
experiencing equipment shutdowns and failures on a regular basis. The system was
checked for all the normal problems that could be associated with the alarms and system
shutdowns that were experienced. The chiller plant was identified for an energy upgrade
and retrofit as part of the City of Chula Vista's Phase I Loan agreement with SDG&E
and the California Energy Commission. (City Engineer/Engineering Director)
Staffrecommendation: Council adopt the resolutions.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING BIDS AND AWARDING THE CONTRACT FOR THE POLICE
DEPARTMENT VARIABLE SPEED LOOP PLANT RETROFIT PROJECT I'J THE
CITY OF CHULA VISTA, CALIFOR..l'lIA (CIP NO. GG202D) TO ALPHA
MECHANICAL SERVICES, me.
The Police Department facility chiller plant was identified for an energy upgrade and
retrofit as part of the City ofChula Vista's Phase I Loan agreement with SDG&E and the
California Energy Commission. Adoption of the resolution would award a contract to
Alpha Mechanical Services, Inc. to retrofit the chiller plant at the Police Department. It
is anticipated the retrofit 'Will increase energy savings wand will bring the chiller in
conformance with energy savings guidelines and standards. (City Engineer/Engineering
Director)
Staff recommendation: Council adopt the resolution.
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September 23, 2008
5. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING Ac'J AGREEMENT BETWEEN THE CITY OF CHULA VISTA .'\ND
WALKSANDIEGO IN THE AMOUNT OF $194,310 TO ANALYZE W ALKABILITY
SURROUNDING ALL PUBLIC ELEMENTARY SCHOOLS WITHIN THE CITY OF
CHULA VISTA EXCEPT ALLEN SCHOOL, CHULA VISTA HILLS, HALECREST,
HILL TOP, LAUDERBACH, MONTGOMERY, SALT CREEK, AND VISTA SQUARE
ELEMENTARY SCHOOLS
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
WALKSA1\IDIEGO IN THE AMOUNT OF $194,310 TO ANALYZE WALKABILITY
SURROUNDING LAUDERBACH AND MONTGOMERY ELEMENTARY
SCHOOLS
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
WALKSANDIEGO IN THE A.MOUNT OF $194.310 TO ANALYZE WALKABILITY
SURROUNDING ALLEN SCHOOL, CHULA VISTA HILLS, A'JD SALT CREEK
ELEMENTARY SCHOOLS
D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A.'J AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
WALKSANDIEGO IN THE AMOUNT OF $194,310 TO ANALYZE WALKABILITY
SURROUNDING HILLTOP AND VISTA SQUARE ELEMENTARY SCHOOLS
E. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AGREEMENT BETWEEN THE CITY OF CHeLA VISTA AND
WALKSANDIEGO IN THE AMOUNT OF $194,310 TO ANALYZE WALKABILITY
SURROUNDING HALECREST ELEMENTARY SCHOOL
In 2006, City staff applied for a Community-Based Transportation Planning Grant to
fund 36 walking audits around elementary schools within the City. The walking audits
would gather resident opinions and desires for pedestrian-related improvements within
their neighborhood and would be facilitated by WalkSanDiego, a local grassroots, non-
profit organization focused on improving walkability throughout the region. (City
Engineer/Engineering Director)
Staff recommendation: Council adopt the resolutions.
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE PURCHASE OF PRlNTER TONER CARTRIDGES FROM
CORPORATE EXPRESS IMAGING AND COMPUTER GR.A.PHIC SUPPLIES AND
SERVICE AND THE PURCHASE OF SERVICE AND MAINTENANCE OF CITY
PRINTERS FROM MWB BUSINESS SYSTEMS IN ACCORDANCE WITH TERMS
AND CONDITIONS OF CITY OF CHeLA VISTA REQUEST FOR PROPOSAL 12-
07/08REVl FOR A ONE-YEAR TERM BEGINNING OCTOBER 1, 2008 AND
ENDING SEPTEMBER 30, 2009, AND AUTHORIZING THE PURCHASING AGENT
TO APPROVE FIVE ONE-YEAR EXTENSIONS OF THE TERM THROUGH
SEPTEMBER 30, 2014
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September 23, 2008
A request for proposal for printer toner canridges and service and maintenance of printers
was advertised and posted electronically. The objective was to contract with vendors
who could provide quality customer service and the best competitive pricing. Adoption
of the resolution authorizes the award of the printer toner cartridge contract to Corporate
Express, and the service and maintenance of printers to MWB Business Systems.
(Finance Director)
Staffrecommendation: Council adopt the resolution.
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING $805,971 FROM THE U.S. DEPARTMENT OF HOMELAND
SECURITY AND APPROPRIATING SAID FUNTIS TO THE POLICE GRA'\IT FUND
FOR OPERATION STONEGARDEN (4/5THS VOTE REQUIRED)
Since the events of September 11, 200 1, the interception of terrorists and their weapons
attempting entry across the nation's borders has become the priority mission of the U.S.
Department of Homeland Security. Grant funding via "Operation Stone garden" has been
awarded to the San Diego County region to facilitate regional partnerships and enhance
border enforcement capabilities. In coordination with the C.S. Customs and Border
Protection and grant administration by the County of San Diego, the Police Department
has beena!located $805,971. (Police Chief)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING $525,000 FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY
AND APPROPRIATING SAID FUNDS TO THE POLICE GRANT FUND FOR THE
DCI PROSECUTION AND AWARENESS PROORA.M (4/5THS VOTE REQUIRED)
The Police Department has been awarded grant funding from the California Office of
Traffic Safety to develop a program focused on the vertical prosecution of traffic related
cases including DUI offenders, hit and run collisions and injury/fatal collisions. This
program will also involve a regional collaboration of local agencies conducting
DUI/driver license checkpoints and saturation patrols with the goal of reducing the
number of alcohol-involved collisions in the South Bay region. (Police Chief)
Staff recommendation: Council adopt the resolution.
9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING $623,000 FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY
FOR THE "OPERATION CRACK DO\VN ON ILLEGAL STREET RACING"
PROJECT, ADDING ONE POLlCE AGENT TO THE AUTHORIZED STAFFING
LEVEL OF THE POLICE DEPARTvlENT AND APPROPRIATING FUNDS
THEREFOR (4/5THS VOTE REQUIRED)
The Police Department has been awarded grant funding from the California Office of
Traffic Safety to positively address the escalating mortality associated with San Diego
illegal street racing involved crashes. "Operation Crack DOV\TI on lllega! Street Racing"
is an inter-agency law enforcement task force represented by members from 12 San
Diego law enforcement agencies, with a Police Agent and an hourly/part-time Public
Safety Analyst coordinating the regional efforts. (Police Chief)
Staff recommendation: Council adopt the resolution.
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September 23. 2008
10. A. RESOLUTION OF THE CITY COL'NCIL OF THE CITY OF CHULA VISTA
APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CfTY
OF CHULA VISTA AND HILLTOP MIDDLE SCHOOL FOR THE PROVISION OF
AFTER-SCHOOL RECREATIONAL PROGRAMMING
B. RESOLUTION OF THE CITY COl.JNCIL OF THE CITY OF CHULA VISTA
APPROVING A MEMORANDUM OF ll'DERST ANDING BETWEEN THE CITY
OF CHULA VISTA AND CHULA VISTA MIDDLE SCHOOL FOR THE PROVISION
OF BEFORE-SCHOOL AND AFTER-SCHOOL RECREATIONAL PROGRAMMING
Two Middle Schools in the Sweetwater Union High School District have awarded
contracts to the City of Chula Vista for the provision of before and after-school
recreational programming. Hilltop Middle School and Chula Vista Middle School ""ill
provide the sites and funding for the program. Adoption of the resolutions approves the
Memorandums of Understanding between the City and the schools. (Recreation
Director)
Staff recommendation: Council adopt the resolutions.
I!. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE RELEASE OF CERTAIN DOCUMENTS RELATING TO THE
PAYMENT OF COUNCILMEMBERCASTANEDA'S LEGAL FEES AND WAIVING
THE EVIDENTIARY PRIVILEGES AND GOVERNMENT CODE PROTECTIONS
ATTACHED TO THOSE DOCUMENTS
At the September 16, 2008 City Council meeting, Councilmember Ramirez requested
that staff agendize an item to discuss the payment of legal fees for Councilmember
Castaneda. This item has been prepared in response to that request. By adopting the
resolution, Council would authorize the release of certain memoranda prepared in
connection with the payment of Councilmember Castaneda's legal fees and waive the
evidentiary privileges and Government Code protections attached to those documents.
(Interim City Attorney)
Staff recommendation: Council take action as it deems appropriate.
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 }i'om 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.
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September 23, 2008
OTHER BUSINESS
12. CITY MANAGER'S REPORTS
13. MAYOR'S REPORTS
A. Ratification of the appointment of Charlene Tressler to the Child Care
Commission.
B. Ratification of appointment of Keith Blum to the Veterans Advisory Commission.
C. Ratification of the appointment of David Garza to the Youth Action Council.
14. COUNCIL COMMENTS
CLOSED SESSION
Announcements of actions taken in Closed Session shall be made available by noon on
Wednesday following the Council Meeting at the City Attorney's office in accordance
with the Ralph M Brown Act (Government Code 54957 7).
15. PUBLIC EMPLOYEE APPOINTMENT PURSUM;T TO GOVERNMENT CODE
SECTION 54957
Title: City Clerk
16. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE
SECTION 54957
Title: City Manager
17. CONFERENCE WITH LEGAL COeNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMEl'<T CODE SECTION 54956.9(b)
Three cases
18. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
A. Deanna Mory, et al. v. City of Chula Vista, et aI., United States District Court,
Case No. 06 CV 1460 JAH(BLM)
B. Deanna Mory, et al. v. City ofChula Vista, et aI., United States District Court,
Case No. 07-CV -0462 JLS (BLM)
ADJOURNMENT to the next Regular Meeting of October 7, 2008 at 4:00 p.m. in the Council
Chambers.
l\1faterials provided to the City Council related to any open-session item on this agenda are
available for public review at the City Clerk's Office. located in City Hall at 276 Fourth Avenue,
Building 100, during normal business hours
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September 23, 2008
In compliance with the
AMERICAlliS 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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September 23, 2008
DRUT
MINUTES OF A REGULAR MEETING OF THE CITY COliNCIL
AND A SPECLt\L MEETING OF THE REDEVELOPMENT AGENCY
OF THE CITY OF CHULA VISTA
July 22, 2208
6:00 p.m.
A Regular Meeting of the City Council and a Special Meeting of the Redevelopment Agency of
the City of Chula Vista were called to order at 6:02 p.m. in the Council Chambers, 276 Fourth
Avenue, Chula Vista, California.
ROLL CALL:
PRESENT:
Council/Agency Member: Castaneda, McCann, Ramirez, and
Mayor/Chair Cox
ABSENT:
Council/Agency Member: Rindone (excused)
ALSO PRESENT:
City Manager/Executive Director Garcia, Interim City Attorney
Miesfeld, Interim City Clerk Norris, and Deputy City Clerk
Bennett
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Mayor Cox recognized and welcomed Port Commissioner Mike Bixler. She also recognized the
Boy Scout Troop Den 6, Pack 816, who were present at the meeting.
SPECIAL ORDERS OF THE DAY
· POWERPOINT PRESENTATION ON "THE DA.NGERS OF PLASTIC BAGS"
Councilmember Castaneda gave a brief presentation about the harmful environmental effects of
plastic bags, and what proactive measures were being undertaken locally and globally to mitigate
their use. He suggested looking at establishing dialogue with local grocers to work towards
eliminating plastic bags.
. PRESENTATION ON THE CITYWIDE FULL COST RECOVERY PROGRAM
Director of Budget and Analysis Van Eenoo gave an overview of the City's Full Cost Recovery
Program.
CONSENT CALENDAR - City Council and Redevelopment Agency
(Items 1- 9) City Council.
(Items 10-11) City Council and Redevelopment Agency
Items 7 and 8 were removed from the Consent Calendar for discussion by Port Commissioner
Bixler. Councilmember McCann stated that he would be abstaining from voting on Item 9, and
the item was removed from the Consent Calendar.
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July 22, 2008
DRAFT
CONSENT CALENDAR (Continued)
City Council Consent Calendar:
1. i\.PPROVAL OF MINUTES of June 5, 2008.
Staff reconunendation: Council approve the minutes.
2. ORDINA..NCE NO. 3117, ORDINANCE OF THE CITY OF CHULA VISTA
REVISING THE SPEED LIMIT FOR HIDDEN VISTA DRIVE BETWEEN EAST H
STREET AND SMOKY CIRCLE (SECOND READING AND ADOPTION)
Adoption of the ordinance implements a revision in the speed limit on Hidden Vista
Drive between East H Street and Smoky Circle from 25 mph to 30 mph, with Smoky
Circle and Terra Nova Drive retaining the existing 25 mph speed limit. This ordinance
was tirst introduced on July 15,2008. (City Engineer/Engineering Director)
Staff reconunendation: Council adopt the ordinance.
3. RESOLUTION NO. 2008-188, RESOLUTION OF THE CITY COlJNCIL OF THE
CITY OF CHULA VISTA DEEMING THE EMERGENCY REPAIR OF MANHOLES
LOCATED ALONG HUNTE PARKWAY BETWEEN OTAY LAKES ROAD .i\l"JD
KING CREEK WAY TO BE OF URGENT NECESSITY FOR THE PRESERVATION
OF LIFE. HEALTH OR PROPERTY, ACCEPTING THE FINAL REPORT OF
EXPENDITURES FOR THE "EMERGENCY MANHOLE REPAIRS IN THE
EASTERN PART OF CHULA VISTA" AND RATIFYING THE ACTION OF THE
CITY MANAGER AND DIRECTOR OF ENGINEERING IN ISSUING AND
EXECUTING A CONTR.A..CT FOR THESE EMERGENCY REPAIRS WITH MJC
CONSTRUCTION
Section 1009 of the City Charter authorizes the City Manager to make emergency repairs
for the preservation of life, health and property. In May of 2008, several manholes were
found to be severely deteriorated and in need of inunediate repair. Adoption of the
resolution accepts the final report of expenditures and ratifies the action of the City
Manager and Engineering Director. (City Engineer/Engineering Director)
Staff reconunendation: Council adopt the resolution.
4. RESOLUTION NO. 2008-(89, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT
FOR INSTALLATION OF THE LOMA VERDE POOL SOLAR PANEL SYSTEM TO
AQUATIC RESOURCES INe. IN THE AMOUNT OF $79,500 Al'iD AUTHORIZING
STAFF TO PURCHASE SOLAR PANELS AND RELATED EQUIPMENT FROM
AQUATIC RESOURCES INe. FOR $34,049
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July 22. 2008
DRAFT
CONSENT CALENDAR (Continued)
The pool solar panel arrays at the Lorna Verde Recreation center have exceeded their
useful life and are in need of replacement. Adoption of the resolution awards installation
of the pool solar hot water system to Aquatic Resources, Inc., and authorizes staff to
purchase related panels and equipment. Funds are available in Capital Improvement
Project GG202 and eligible for reimbursement from the California Energy Commission
Loan Program. (City Engineer/Engineering Director, Recreation Director, Conservation
& Environrllental Services Director)
Staff recommendation: Council adopt the. resolution.
5. RESOLUTION NO. 2008-190, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY
OF CHULA VISTA AND ALTA PLANNING + DESIGN FOR THE DEVELOPMENT
OF A PEDESTRIAN MASTER PLAN FOR A TOTAL COST OF $152,002 AND
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE
AGREEMENT TO ADD SPECIFIC TASKS TO THE SCOPE OF WORK FOR AN
AMOUNT NOT TO EXCEED $50,000
A Pedestrian Master Plan will identify and prioritize pedestrian improvement projects
based on technical analysis and community input, thereby promoting orderly
implementation on a citywide basis and enhancing the City's ability to receive grant
funding for these projects. Adoption of the resolution awards the agreement to Alta
Planning + Design. (City Engineer/Engineering Director)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION NO. 2008-191, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA SUPPORTING SENATE BILL 1016 (WIGGINS),
REGARDING COMPLIANCE WITH THE CALIFORNIA INTEGRi\TED WASTE
MANAGEMENT ACT
The current measurement system for the Integrated Waste Management Act (Assembly
Bill 939) which "counts" the amount of waste diverted from landfills has proven to be
burdensome, overly complex, and inaccurate. Senate Bill 1016 proposes a new system
that should increase timeliness and accuracy, provide a streamlined review for cities that
are meeting their diversion requirements, and maintain allowances for rural justifications.
This topic is not covered by the City's Adopted Legislative Program; therefore Council
approval is required for Chula Vista to support for this measure. (Legislative
Subcomminee) ,
Staff recommendation: Council adopt the resolution.
7. This item was removed from the Consent Calendar.
8. This item was removed from the Consent Calendar.
9. This item was removed from the Consent Calendar.
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July 22. 2008
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DR<\.FT
CONSENT CALENDAR (Continued)
ACTION:
Mayor Cox moved to approve staff s recommendations and offered the balance of
the Consent Calendar, Items I through 6, headings read, text waived.
Councilmember Ramirez seconded the motion and it carried 4-0.
ITEMS REMOVED FROM THE CONSENT CALENDAR
Items 7 and 8 were addressed simultaneously.
7. RESOLUTION NO. 2008-192, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH THE SAN DIEGO
UNIFIED PORT DISTRlCT FOR A SALT MARSH EDUCATION PROGR.A...M AT
THE CHULA VISTA NA TORE CENTER
Nature Center staff has been working with the San Diego Unified Port District to partner
in the c.oordination of educational field trips for schools located within the watershed
areas of the San Diego Bay. The goal of the program is to encourage participation in
existing Nature Center education programs, which promote environmental stewardship
and educate students about the importance of conserving coastal resources. Adoption of
the resolution approves the agreement. (Recreation Director)
8. RESOLUTION NO. 200~-193, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH THE SAN DIEGO
UNIFIED PORT DISTRlCT FOR AN ENDANGERED LIGHT-FOOTED CLAPPER
RA.IL PROPAGATION PROGRAM AT THE CHULA VISTA NATURE CENTER
Nature Center staff has been working with the San Diego Unified Port District to partner
in the coordination of a propagation program at the Chula Vista Nature Center for the
critically endangered Light-footed Clapper Rail. The Nature Center currently participates
in a breeding program for these birds along with other agencies, including the U.S. Fish
and Wildlife Service. Adoption of the resolution approves the agreement. (Recreation
Director)
Recreation Director Martin introduced Port Commissioner Bixler. He recognized Susan Fuller,
Nature Center Board Chair; Eileen Maher, Assistant Director of Environmental Services with the
Port District and Nature Center Boardmember, and Charles Gailband, Nature Center Program
Manager. Commissioner Bixler addressed the Council on behalf of the Board of Port
Commissioners, expressing its pleasUre to contribute funding to the Nature Center for the Light
Footed Clapper Rail Propagation Program, and to support the study of two sets of breeding
Clapper Rails. Nature Center Program Manager Gailband thanked the Port for its support of the
program.
ACTION:
Mayor Cox moved to adopt Council Resolution Nos. 2008-192 and 2008-193,
headings read, text waived. Councilmember Ramirez seconded the motion and it
carried 4-0.
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July 22, 2008
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ITEMS REMOVED FROM THE COUNCIL CONSENT CALENDAR (Continued)
9. RESOLUTION NO. 2008-194, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH THE COUNTY OF
SAN DIEGO PROBATION DEPARTMENT FOR THE PROVISION OF WORK
CREWS UNTIL M..<\ Y 30, 2009 AND AUTHORIZING THE PURCHASING AGENT
TO .APPROVE AND EXECUTE AMENDMENTS TO THE AGREEMENT
EXTENDING THE TERM FOR AN ADDITIONAL FIVE ONE- YEAR PERIODS
The San Diego County Probation Department administers and operates work camps in
eastern San Diego County which are available to government entities to perform labor
intensive maintenance projects such as weed abatement, culvert cleaning, litter patrol,
park maintenance, and brush abatement. Since approval by Council in 1987, County
work crews have been utilized by the City for labor in Open Space and Community
Facility Districts, Streets, Wastewater and Parks. Adoption of the resolution updates this
agreement and authorizes renewal options for these services. (Public Works Director)
ACTION:
.Councilmember Castaneda moved to adopt Resolution No. 2008-194, heading
read, text waived. Councilmember Ramirez seconded the motion and it carried 3-
0-1, with Councilmember McCann abstaining.
CONSENT CALENDAR (Joint City Council and Redevelopment Agency Consent Calendar)
10. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WAIVING THE FOR1\1A.L CONSULTANT SELECTION PROCESS FOR AN
AGREEMENT BET\VEEN THE CITY OF CHULA VISTA REDEVELOPMENT
AGENCY AND THE URBAN LAND INSTITUTE
B. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA
VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA
REDEVELOPMENT AGENCY AND THE URBAN LAND INSTITUTE IN THE
AMOUNT OF $120,000, A.1\TD APPROPRIATING FUNDS THEREFOR (4/5THS
VOTE REQUIRED)
In the coming years, Chula Vista's vacant bayfront may soon transform into a world class
destination. The H Street corridor provides an opportunity to connect the bayfront and the
Chula Vista community and revitalize it along the way. Adoption of the resolutions
authorizes the City Council and Redevelopment Agency to enter into a contract with the
Urban Land Institute Five-Day Advisory Services Program to bring real estate experts from
around the country to provide an unbiased implementation program for redevelopment of
the H Street Corridor betwe'en Interstate 5 and Third A venue. (Redevelopment and
Housing Assistant Director)
City Manager Garcia requested that Item lObe removed from the Agenda at the request of staff
and placed on the August 5, 2008 Council Agenda. It was the consensus of the Council to
continue the item to the Council Meeting of August 5, 2008.
Councilmember Castaneda requested efforts by staff to ensure participation in the study by
effected property O\vners as well as their financial participation.
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July 22, 2008
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DRUT
CONSENT CALENDAR (Joint City Council and Redevelopment Agency Consent Calendar -
Continued)
11. COUNCIL RESOLUTION NO. 2008-195 AND REDEVELOPMENT AGENCY
RESOLUTION NO. 2008-1999, JOINT RESOLUTIONS OF THE CITY COUNCIL
.A.ND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
APPROVING AMENDMENT NO.3 TO THE LETTER OF INTENT BETWEEN THE
CITY OF CHULA VISTA, THE REDEVELOPMENT AGENCY OF THE CITY OF
CHULA VISTA, THE SAN DIEGO liNIFIED PORT DISTRICT, At'iD GAYLORD
ENTERTAINMENT COMPA.NY EXTENDING THE TERM OF THE LETTER OF
INTENT THROUGH DECEMBER 31, 2008, AUTHORIZING THE CITY
MANAGERlEXECUTIVE DIRECTOR TO EXECUTE AMENDMENT NO.3 TO THE
LETTER OF INTENT ON BHL"'-LF OF THE CITY A.ND THE REDEVELOPMENT
AGENCY, AND AUTHORIZING THE CITY M.A.NAGERlEXECUTIVE DIRECTOR
TO APPROVE AND EXECUTE AN ADDITIONAL SIX MONTH EXTENSION OF
THE TERM OF THE LETTER OF INTENT THROUGH JUNE 30, 2009 ON BEHALF
OF THE CITY AND THE REDEVELOPMENT AGENCY, IF NEEDED
In July 2006 a Lener of Intent (LOT) was entered into between the City, the
Redevelopment Agency, the San Diego Unified Port District and Gaylord Entertainment
Company relative to a major hotel and convention center, and associated public
improvements, that would serve as an economic catalyst for the development of the
Chula Vista Bayfront. The term of the LOI was extended via the first amendment,
approved by the Council in May 2007, and the second amendment approved by the
Council in February 2008, which is set to expire July 30, 2008. The parties to the LOT
still agree on the fundamental goals and objectives set forth, however, they require
additional time to finalize the formal agreements. Adoption of the resolution extends the
LOI through the end of December 2008 and authorizes a six month extension through
June 2009, if needed. (Economic Development Officer)
Council!Agencymember Castaneda stated that he would be abstaining from voting on Item 11.
He left the dais at 6:37pm.
ACTION:
CouncillAgencymember Ramirez moved to adopt Council Resolution No. 2008-
195 and Redevelopment Agency Resolution No. 2008-1999, headings read, text
waived. CouncillAgencymember McCann seconded the motion and it carried 3-
0-1, with Council! Agencymember Castaneda abstaining.
CouncillAgencymember Castaneda returned to the dais at 6:39 p.m.
PUBLIC COMMENTS - City Council and Redevelopment Agency
Patricia Aguilar, Chula Vista resident, representing Crossroads II, stated that Crossroads II had
endorsed approval of the General Plan in 2005 INith the understanding that there would be a.
study of the H Street Corridor, between Fourth Avenue and Interstate 5. She referenced a study
that proposed covering the area of H Street, between Third A venue and Interstate 5. She
reminded the Council that the area of H Street, from Third Avenue to Fourth Avenue was
sensitive because it included residential areas.
Peter Watry, Chula Vista resident, spoke in opposition to the City's proposal to hire outside
consultants to perform a study of the H Street planning area, stating that the residents should be
at the center of the completion of the H Street plan.
Page 6 - CC/RDA Minutes
July 22,2008
IA -{y
DR"-FT
PUBLIC COMMENTS (Continued)
Earl Jentz, Chula Vista resident, spoke in opposition to the proposed plan by the City for a study
of the H Street corridor, stating that the plan was too expensive and the timing was wrong. He
referenced a meeting scheduled to take place the following week to talk about urban core
changes and general plan changes, and stated that he was opposed to holding that meeting prior
to the Council authorizing a study. He provided handouts to the Council that illustrated the cost
of the proposed study in the amount of $120,000, the Redevelopment Agency's Financial
Statement that reflected a deficit of $27,000,000, and an advancement of $30,000,000 from the
City to the Agency.
Kevin O'Neill, Chula Vista resident, spoke in support of an expert study of the H Street corridor
from Third Avenue to the Bayfront.
Robert Garcia, Chula Vista resident, spoke regarding the proposed H Street Corridor plan, and
meetings between the Mayor and Espanada Developer Jim Pieri and other members of the H
Street Study Group. He questioned why Mr. Pieri was being given so much attention. Mayor
Cox replied that staff would contact Mr. Garcia to respond to his question.
ACTION ITEMS - City Council
12. PRESENTATION BY fNTERlM FIRE CHIEF GEERfNG ON THE REGIONAL FIRE
PROTECTION COMMITTEE
Staff recommendation: Council hear the presentation.
Interim Fire Chief Geering provided a report on recommendations by the Regional Fire
Protection Committee to improve and enhance firefighting resources and services. As part of the
report, he gave an overview of a proposed County ballot measure, to be on the November 2008
ballot, which would establish funding sources and a San Diego Regional Fire Protection Agency.
He added that the San Diego County Fire Chiefs and the Regional Fire Protection Committee
voted to support the recommendations, which would be forwarded to the County Board of
Supervisors for approval.
No action was taken by the Council on this item.
13. RECONSIDERATION FOR CH.A.RGfNG XR PROMOTIONS, LLC FOR
CHAMPIONSHIP OFF-ROAD RACING, FULL COST RECOVERY FOR THE
CHAMPIONSHIP OFF ROAD RACING (CORR) RACE EVENTS
At the July 8, 2008 City Council meeting, XR Promotions, LLC for Championship Off-
Road Racing (CORR) applied for and Council approved a. two-year temporary
Conditional Use Permit (CUP) for three off-road race events scheduled for 2008 and
three similar race events in 2009. Council also approved a Mitigated Negative
Declaration. Resolutions B and C proposed by the Police and Fire Departments,
recommending approval of an "overtime plus 20-percent" charge for public safety
services rather than Full Cost Recovery and appropriating $27,859 and $33,567
respectively, to offset the costs were not approved. Due to his absence from the July 8,
2008 Council meeting, Councilmember Castaneda has requested these resolutions be
brought back for discussion. (Interim Fire Chief, Police Chief)
Page 7 - CClRDA Minutes
July 22, 2008
{4-1
DRAFT
ACTION ITEMS (Continued)
City Manager Garcia introduced the item and summarized the action taken by Council at the
Meeting of July 8, 2008.
Ranie Hunter, representing CORR, informed the Council that to-date, it had paid the City
$119,000 in staff costs for the 2008 CORR events, which were paid at the full cost recovery rate.
She stated that further payment would be a hardship for CORR, and she requested that the
Council adopt the proposed resolutions.
Lisa Cohen, CEO, Chula Vista Chamber of Commerce, requested that Council adopt the
proposed resolutions, stating that the event would provide great ways of showcasing the City,
and she informed the Council that all local hotels were fully booked for the upcoming CORR
events.
Deputy City Anorney Shirey informed the Council that prior to adoption of the proposed
resolutions, amendments were needed to include a certain finding in accordance with the
Municipal Code as follows: "Due to the significant fees already paid by the applicant to provide
this event for the community the City Council finds that an economic hardship and injustice
would result to the applicant to pay full cost recovery fees, which outweighs the need for the full
cost recovery revenue, and on balance, due to the substantial benefits and significant positive
publicity provided to the City, the City Council authorizes the City Manager to waive the full
cost recovery rate for police, fire, and emergency medical services for the Championship Off
Road Racing (CORR) season from 2008 through 2009 for three racing weekends per year."
ACTION:
B.
Councilmember McCann moved to adopt !,he following Resolution Nos. 2008-196
and 2008-197, as amended, headings read, texts waiyed:
c.
RESOLUTION NO. 2008-196, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO
WAIVE THE FULL COST RECOVERY RATE FOR POLICE SERVICES FOR
THE CHAMPIONSHIP OFF. RO.A.D Ri\CING (CORR) RACE EVENTS,
AUTHORIZING AN ALTERNATIVE Ri\TE OF COST RECOVERY OF
OVERTIME PLUS 20%, AND APPROPRIATING $27,859 TO THE POLICE
DEPARTMENT FISCAL YEAR 2008/2009 PERSONNEL SERVICES
BUDGET FOR OVERTIME COSTS (4/5THS VOTE REQUIRED)
RESOLUTION NO. 2008-197, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO
WAIVE THE FULL COST RECOVERY RATE FOR FIRE AND
EMERGENCY MEDICAL SERVICES FOR THE CHAMPIONSHIP OFF
ROAD RACING (CORR) R.A.CE EVENTS, AUTHORIZING AN
ALTER.NATIVE RATE OF COST RECOVERY OF OVERTIME PLUS 20%,
AND APPROPRIATING $33,567 TO THE FIRE DEPARTMENT FISCAL
YEAR 2008/2009 PERSONNEL SERVICES BUDGET FOR OVERTIME
COSTS (4/5THS VOTE REQUIRED)
Councilmember Castaneda seconded the motion and it carried 4-0.
..-0.
Page 8 - CC/RDA Minutes
114-8
July 22, 2008
DRAFT
i
OTHER BUSINESS - City Council and Redevelopment Agency
. 14. CITY MANAGER/EXECUTIVE DIRECTOR'S REPORTS
The Chula Vista Municipal Code provides for the cancellation of certain Council
meetings, including the Tuesday following Thanksgiving (December 2, 2008). These
meetings may be reinstituted by a majority of the Council. In accordance with the Chula
Vista Charter, terms for elective office commence on the first Tuesday of December of
the election year. As such, it is necessary to reinstitute the December 2, 2008 City
Council meeting for the purpose of declaring results of the November 4, 2008 election,
and installation of newly elected Councilmembers.
City Manager's Recommendation: Council reinstitute the December 2, 2008 Council
meeting at 6:00 p.m.
ACTION:
Councilmember Castaneda moved to reinstitute the December 2, 2008 Council
Meeting at 6:00 p.m., Council member McCann seconded the motion, and it
carried 4-0.
IS. MAYOR/CHAIR'S REPORTS
A.
Ratification of appointment of Mauricio Torre to the Housing Advisory
Commission.
B.
Ratification of the appointment of Ed Herrera to the Human Relations
Commission.
ACTION:
Mayor Cox moved to appoint Mauricio Torre to the Housing Advisory
Commission . and Ed Herrera to the Human Relations Commission,
CounciImember McCann seconded the motion and it carried 4-0.
Mayor Cox requested that staff schedule on the August 5, 2008 Council Agenda, consideration
of disbanding the Audit Subcommittee and to have the audits be considered by the Council as a
whole. She then reminded everyone to attend the Colonel Dickinson's Chicken dinner on August
2,2008.
16. COUNCIL/AGENCY MEMBERS' COMMENTS
Councilmember Ramirez spoke about a recent book publication by local residents, Peter Watry
and Frank Roseman, on the City's history, and suggested that their work be recognized in
conjunction with the upcoming Colonel Dickinson's dinner.
Mayor Cox responded that Mr. Watry and Mr. Roseman were invited to the dinner, and that all
proceeds from book sales at the dinner would go back to the Chula Vista Heritage Museum.
Page 9 - CCIRDAMinutes
1/1 -q
July 22, 2008
DRAFT
COUNCIL/AGENCY MEMBERS' COMMENTS (Continued)
Councilmember Ramirez referenced a letter he received from the Bi-NationalCommittee of the
City of Tijuana, with an invitation to attend the first bi-national reunion of Council members from
Tijuana and San Diego County on August 7, 2008 at 9:00 a.m., and he encouraged the
Councilmembers to attend the meeting.
Councilmember Castaneda extended his condolences and prayers to Records Specialist, Sheree
Kansas and her family, for the recent loss of her parents. He also conveyed his condolences to
community leader Pamela Bensoussan on the recent passing of her mother. He spoke about
recent site visits by the National Organization of Latino Elected and Appointed Officials to the
Chula Vista Elementary and Sweetwater Union High School Districts, and he congratulated the
districts for their proactive efforts towards combating childhood obesity. He recognized and
congratulated Police Officer Vincent Deocampo, who was awarded a nomination for Police
Officer of the Year at a recent regional Law Enforcement event. He congratulated Assistant City
Attorney Marshall on her impending retirement, and thanked her for her service to the City. He
announced the grand opening of Vibra Bank on July 23, 2008 at 10:00 a.m., located on
Broadway. He also conveyed his thanks to Senior Project Coordinator Stacey Kurz in the
Housing Department, for her exemplary work with assisting a citizen with issues relative to
electrical problems in their mobile home. He referenced a recent newspaper article about a
proposed "Millionaire's Amendment" regarding amendments for campaign contribution limits,
and reported that the Supreme Court had ruled against the proposed amendment.
Councilmember McCann stated that he was a representative on the Otay Valley Regional Park
Policy Committee, and requested a staff presentation regarding the new trails in the park and the
brochure illustrating the trails at an upcoming Council Meeting. He also suggested that staff,
together with the Chamber of Commerce, work with the, Veterans Administration to assist with
finding a new Veteran's Administration facility in Chula Vista. He then spoke of his attendance
at the recent Law Enforcement dinner and congratulated Office Deocampo on his recent
nomination for Police Officer of the Year. He thanked Mayor Cox for announcing the upcoming
Colonel Dickinson's Chicken Dinner, and spoke in support of Councilmember Ramirez's
suggestion for a book signing by Mr. Watry and Mr. Roseman at the event.
CLOSED SESSION - City Council
17. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVER.NMENT CODE SECTION 54956.9(a)
Deanna Morv. et al. v. Citv of Chula Vista. et aI., United States District Court, Case No.
06 CV 1460 JAH (BLM)
Deanna Morv. et al. v. City of Chula Vista. et aI., United States District Court, Case No.
07-CV-0462 JLS (BLM)
Jackie Lancaster v. Citv of Chub Vista. et aI., San Diego Superior Court, Case No. 37-
2008-00086916-CU-MC-CTL
Thanh Le v. City of Chula Vista. et al.. San Diego Superior Court, Case No. 37-2007-
000076220-CU-PA-CTL.
No reportable action was taken on these items.
Page 10 - CCfRDA Minutes
July 22. 2008
I A -I (J
DR,\FT
ADJOURNMENT
At 8:30 p.m., Mayor Cox adjourned the meeting in memory of Roberto De Philippis, to an
Adjourned Regular Meeting on July 23, 2008, at 6:00 p.m., in the Executive Conference Room;
followed by a Special Meeting at 8:00 p.m. in the Council Chambers.
/'
..~
c::-.
"
Lorraine Benneu, CMC, Deputy City Clerk
Page II - CClRDA Minutes
I A -{ /
July 22, 2008
DRAFT
MINUTES OF AN ADJOURNED REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
July 23, 2008
6:00 P.M.
An Adjourned Regular Meeting of the City Council of the City of Chula Vista was called to
order at 6:09 p.m. in the Executive Conference Room, City Hall, 276 Fourth Avenue, Chula
Vista
ROLL CALL:
PRESENT: Councilmembers: Castaneda, McCann, Ramirez, Rindone (arrived at
7:35 p.m.) and Mayor Cox
ABSENT: Councilmembers: None
ALSO PRESENT: Interim City Attorney Miesfeld
PUBLIC COMMENTS
There were none.
I. INTERVIEWS A...l\JD APPOINTMENT TO FILL 1 VACANCY ON THE Pi\RKS AND
RECREATION COMMISSION.
ACTION:
Deputy Mayor Rindone moved to appoint John Vogel to the Parks and Recreation
Commission. Councilmember Ramirez seconded the motion and it carried 5-0.
ADJOURNMENT
At 7:59 p.m., Mayor Cox adjourned the meeting to a Special Meeting on July 23, 2008 at 8:00
p.m. in the Council Chambers, and thence to the Regular Meeting on August 5, 2008.
~
Lorraine Bennett, CMC, Deputy City Clerk
. ~..-'
.-:?-- .
/8-1
CITY COUNCIL
AGENDA STATEMENT
~\'f:. (lIT OF
-.!-- (HULA VISTA
"'1
September 23, 2008 Item~
ITEM TITLE:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING THE APPENDIX TO THE
LOCAL CONFLICT OF INTEREST CODE OF THE CITY OF
CHULA VISTA AND DESIGNATING FILERS FOR
PURPOSES OF AB 1234
Donna Norris, Interim City Clerk J-f /
Bart Miesfeld, Interim City AttorneY3( rv-
SUBMITTED BY:
4/STHS VOTE: YES D NO ~
SUMMARY
The Political Reform Act requires every local agency to review its Conflict of Interest Code
biennially to determine if it needs to be amended. ,The proposed Resolution adopts an
amended appendix to the City's Conflict of Interest Code, listing the officials and designated
employees of the City who are required to file periodic statements of economic interest and
the disclosure categories under which each such official and designated employee is
required to file.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed actIvIty for
compliance with the California Environmental Quality Act (CEQA) and has determined
that the activity is not a "Project" as defined under Section 15378 of the State CEQA
Guidelines because adoption of the appendix to the Local Conflict of Interest Code does
not result in a physical change to the environment; therefore, pursuant to Section
l5060(c)(3) 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.
2-1
r'
SEPTEMBER 23, 2008 Item~
Page 2 of2
DISCUSSION
On March 21, 2000, the Council adopted Ordinance No. 2807, adopting by reference the
standardized conflict of interest code contained in Title 2 of the California Code of
Regulations, Section 18730, and any amendments thereto that are adopted by the Fair
Political Practices Commission. The ordinance requires that the Council set forth by
resolution the officials and designated employees who are required to file statements of
economic interests and the disclosure categories under which each such official and
designated employee shall tile.
On June 3, 2008, the Council adopted Resolution No. 2008-134, directing the City Clerk
and the City Attorney to perform the biennial review of the code in conformance with
Political Reform Act requirements. Each Department Director provided input regarding
the level of decision-making employees in their respective departments makes. With that
input, along with various title changes that have occurred since the last update, it has
been determined that the appendix to the Code requires arriendments. Several positions
that are currently vacant and unfunded were not deleted since they remain on the City's
classification plan, and should be designated to file statements of economic interest.
Adoption of the proposed resolution amends the appendix to the local Conflict ofInterest
Code accordingly. The resolution also specifies that all employees designated as filers
under the City's Conflict of Interest Code are "designated employees" for purposes of
AB 1234 and, as such, are expected to participate in mandatory ethics training.
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 IMP ACT
Amendment of the appendix to the City's Conflict of Interest Code will have no fiscal
impact to the General Fund.
Attachment 1: Strike-out version of the appendix to the City's Conflict of Interest Code
Attachment 2: Chula Vista Municipal Code section 2.02, Conflict oflnterest Code
2-2
ATTACHMENT 1
EXHIBIT A
ELECTED ~'~'\TD !.PPOINTED OFFICIALS REOUIRED TO FILE PURSUANT TO
GOVERNMENT CODE SECTIONS&& 87200, et.sea~ !~"JD 8'72llI
The followin!! officials shall file periodic statements disclosin!! certain economic interests
(commonlv referred to as "700 Forms") with the Fair Political Practices Commission. as
required bv California Government Code &&87200 - 87210:
DISCLOST-':RE
C^.TEGORIES
Mayor and City Councilmembers/MeR1ber" of the Redeyelopment !.gellcy .............................. .\ll
Candidates for Elective Office ......................... ............. ................ ......... .................. .......... .......... .\ll
City Manager ............................................................................................................................... !.II
City Attorney............................................................................................................................... . \ll
Director of Finance/Citv Treasurer ......... ............................ ..................... ....... ............. ................ :\ll
Planning Commission Members
In addition. each official falIin!! within anv of the above-listed cate!!ories, except
"Candidates for Elective Office." is required to comply with the ethics traininl!:
requirements of California Government Code &&53234. el.sea. .......................................... !.II
ReElevelopment .\geney Treasurer/
Chula Vista Rede-;elopmcril Corporation (C"'RC) Chief Fillaneial Officer .............................. .\ll
Redevelopment !.genc:' EKeeuti ve Director!
Chula Vista Rede-,elopmelll Corporation (CYRC) ChiefE;~eeuti-;e Officer .............................. .^.II
Redevelopment ,\gellcy/Chula Vista Rede-;eloplR0nt Corporation (C"'Re) General Counsel.. /\.ll
2-3
ATTACHMENT 1
DESIGNATED EMPLOYEES REQUIRED TO FILE UNDER SLUE U.'Y !.ND!OR
THE CITY OF CHULA VISTA CONFLICT OF INTEREST CODE
Each Cit\: emplovee whose position title is listed below shall file 700 Forms under the
desilrnated disclosure catel!:orv (as set forth in Chula Vista Municipal Code &2.02.030) and
is required to complv with the ethics traininl!: requirements of California Government Code
&&53234. et.seQ.:
P ositi 0 n Title ........... ................................................................................ ....... Disclos u re Ca tel!:O rv
Assistant and Deputv and Dzputy City Manager~5......................................................................1,2
All other Department Heaas Directors ........................................................................................1,2
City Clerk
Director of Budget & Analysis
Director of Communications
Director of COFl1fflamt;. De':elopment
Director of Conservation & Environmental Services
Director of Engineering/City Engineer
Director of Geaeral Ser:iees
Director of Human Resources
Director of Information Technology Services
Director of Planning and Building
Director of Public Works Operations
Director of Recreation
Director of Redevelopment and Housing
Director of the Nature Center
Librarv Director
Fire Chief
Police Chief
2-4
ATTACHMENT 1
All other Assistant and Deputy Department HeOOsDirectors: .....................................................1,2
Assistant City Clerk
Assistant Director of Budget & Analysis
Assistant Director of Building & Housing
_ \33is:ant Direetor of C omrnunit;. Dc\'elsjlment
Assistant Director of En!:!ineerin!:!
Assistant Director of Finance
Assistant Director of Human Resources
Assistant Director of Planning
Assistant Director of Public Works Operations
Assistant Director of Recreation
Assistant Director of Redevelopment and Housin!:!
Assistant Library Director
Assistant Police Chief
Deptlty Director of En::;ineenng
Deputy Dircctor of Genera] Ser:iees
Deputy Assistant Fire Chief
Administrative Services Manager ................................................................................................1, 2
Advanced Planning Manager. ... ..... ................... ............. ........ ..................................... .... ..... ...... ..1, 2
Animal Control Manager .... ... ... ... ..... .................. .... ............... ... ................... ....... ........ ...... .... ..... ..5, 6
Assistant City Attorney. .......... ....................... ..... ............ ....... ... .... ...................... ........ .......... ..... ..1, 2
Assistant Plmmer......................................................... .................................................................3. 4
.^.ssistant T rElflsit Coordinator................................................ ..................................................... .... .5
Associate Planner. ........................................................................................ ................................3. 4
Benefits Manager............................ ..... ........... ............ ........ ........... ............................................... .2.6
Building Inspector I. II & III (all levels I..........................................................................................3
Building Ser:iczs Manager .... ..... ...... ................................................... ..... ..................... ..........3, 5. 6
Business Othce Manager..................................... ........................................................................... .5
Claier Learning Officer.. ............ .................................. .............. .... ........ .... ... ......................... .......1. :
Chief of Staff............. ...... ......... ................... .... ............................... .................................. ... ...... ...1, 2
Cit). Engineer .... .......... ....................... ...................................................... .... ... .............................1. "
2-5
ATTACHMENT 1
CoastallEnvironmental Land Use Policy Consultant...................................................................1,2
Code Enforcement Manager.......... ....... ......... ................. ................ ............. ............................. ...3, 4
Code Enforcement Officer (all levels) .............................................................................................3
Collections Supervisor......................................................................................... ..................... ...2, 4
Communications ~.1ai1af;er ........................................... ................ ............. ............. ...... ......... .......1. '
Constituent Services Manager .....................................................................................................1, 2
Council Assistant.........................................................................................................................l, 2
Cultural <^.rts &: Lm.d De'ielolll11cnt Manaf;er ..................................................................................5
Deputy Building Official ............................................................................................................ 3, 6
Deputy City Attorney 1, II, III (all levelsl...................................................................................l, 2
Deput). City Enf;ineer ..................................................................................................................1. :;
Deputy Director of RaEleyelopment .............................................................................................1, '
Development Planning Manager..............................................................................................3, 4, 6
Eeonomie De';elopmmt Manager............................................................................................3. 1.6
Economic Development Officer ..................................................................................................1.2
Educational Seriiees Manager .............. ................................... ........................................ ........3, 1, 6
En...irollinefrtal Project ~.1aB.af;er ..............................................................................................3. 1,6
Environmental Resource Manager ........ ......... .... .... ....... ......... .... ............ ............ ........... ......... ......3. 6
EB','ironrnental Reyiew Coordinator ........................................................................................3, 1. 6
Equipment Maintenance Manager ...............................................................................................1, 2
Facilitv & Supplv Specialist ..........................................................................................................6
Fire Battalion Chief............ ... .................... ..... ..........................,.... ......................................... ... ...1. 2
Fire Inspectors (all levels).. ...... ...................... ........ ........ .................. .......................... ...... ...... ......3. 6
Fire Marshal............................................ .....................................................................................3, 6
Fire Prevention Engineer ...... ... .................... .................................... ........ .............. .......... .... ..... ...3. 4
Fiscal Operations Manager ..........................................................................................................1,2
Fleet Manager..............................................................................................................................5, 6
Govenmlent Relations Liaison ....................................................................................................1.2
Hearing Officers................................................ ............ .................................... ........................... All
HousiBg ~.1anager.........................................................................................................................:, 1
Human Resources Operations Manager........................................................................................... 5
2-6
ATTACfLMENT 1
Intergo'iemmmtal i\Jfairs Coordinator ........... ............................... ... ........................... ... ........... 5, 6
Land S W"vevor............:........................................................................................................... ..3. 4. 5
Landscape Planner.................................. ............................................................ .........................3. 4
Librarian I all levels)..... ........................................ ............................................................................ 6
Librarv Administrative Coordinator................ .................... ............................................................ 6
Libmry Puelie 8en'iees ~.far,a6er.......... ..... ......................... ....... ........ ................ ..........................1. :2
Literacv and Progranuning Coordinator ... ..... ..... ........ ......... ........... ............... ........ ..... .....................6
Open Space Manager ...................................................................................................................4, 6
Parks & Open Space Manager .....................................................................................................1, 2
Parks Manager ............................................................................................ .................................4, 6
Plan Check Supervisor.............................................................................................................. ...3, 4
Planning and En','irorlfl1eFltal Manager.....................................................................................3.1,6
PlanniFl!; and Homin!; Mana!;er...................................................................................................1.:2
Plans Examiner..................... ............................................................................. ..........................1, 2
Police Captain ..............................................................................................................................1, 2
Principal Civil Engineer...........................................................................................................3, 4, 5
Prineipal Communit). DeyelopmeFlt Speeialiot........................................................................3, 1, Ii
Principal Landscape Architect.....................................................................................................3, 4
Principal Librarian.......................................................................................................................... 6
Principal ManaQement Anal vst....................................................................................................3. 5
Principal Mana!;eH1ent ,^.ssistaHt..................................................................................................... .5
Principal Planner....... .......... ......................................... ........ .......... .......................................... I, 2"';
Principal Proiect Coordinator ......................................................................................................1.2
Principal Recreation ManaQer.......................................................................................................... 6
Procurement Specialist....................................... .............................................................................1
Proiect Coordinator lalllevels) ....................................................................................................1.2
Public Works Inspector -!-&-HI all levels).................................................................................... .3,4
Public Works Manager ................................................................................................................1, 2
Purchasing Agent ...................................................... ......................... ........................................... ...1
Real Property Manager ................................................................................................................1, 2
Redevelopment Coordinator ....................................................................................................3, 4, 6
2-7
ATTACHMENT 1
Redevelopment and Housing Manager ....... ........ ......... ......... ...... ......... ....... ......... ........................]. 2
Redeyeloj3l1leBt Projeets Mana:;er .... ............. .................... ... .... ..... ............................ ............ ... ...1. 2
Risk Management Specialist............................................................................................................5
Risk Manager ..... ..... ...... ............ .................... ..... .................................... ....... ... .... .............. ............ ..1
Senior "^.ceountant.... ...................................... ................................................................................ ..3
Senior Assistant City Attorney ....................................................................................................1, 2
Senior Building Inspector ... .... .......... .......... ... ................ ... .... .... ........... ... ..... ..... .................. ... ...... ....3
Senior Civil Engineer........... ................ ....... .... ..... ..... .......... ..... ............ ... .......... ......... ...... ... .....3, 4, 5
Senior Code Enforcement Officer .. ............ .... .......... ..... ....... ... .......... .......... ...... ........ .......... ... .....3, 4
Senior Community D8Y81oj3meBt Speeialist ......................... ...................... ................ .............3. 1. 6
Senior Council Assistant... ................. .......... ......... ..... .... ........ ....... ........ .... ... ...... ..... ............. ........1, 2
Senior Economic Development Specialist...............................................................................3,4,6
Senior Landscape Inspector ... ....... ... .......... ... .... ........... ............... ........... ... .... ... ... .... ........ .............1, 2
Senior Librarian................. ............................................................ ................................................ ..6
Senior Planner ..... .... .... ....... .... ... ....... ...... ..................................................................................1, 2~
Senior Plans Examiner .............................................................................................................. ...3, 4
Senior Procurement Specialist .....................................................................................................1, 2
Senior Proiect Coordinator ..........................................................................................................1.2
Senior Public Works Inspector ....................................................................................................3,4
Senior Risk Manailement Specialist ........ .................... ......................... ........... ........... .....................5
Special Planning Projects Manager .............................................................................................1, 2
Special Projects Manager .............................................................................................................1, 2
Transportation Enilineer...........................................................................................................3. 4. 5
Transit Coordinator......................................................................................................................... .5
Transit Manailer ............................................................................................................................... 5
Treasury Manager.. ................................................................................................. .....................1, 2
Wastewater Collections Manager ................................................................................................1,2
Board of Appeals and Advisors Members ...................................................................................2,5
Board of Ethics Members ............................................................................................................1, 2
Board of Library T ruatees ....................... ........................... ..... ......................... ............... .............2. e
Chamr ReYie?; CommissiElB Members ........................................................................................1.2
Civil Service Commission Members ...............................................................................................3
2-8
ATTACHMENT 1
Design Review Committee Members ..........................................................................................2, 4
Eeonomie De';de]3FneBt C'emmi3siol1 Members ..........................................................................1.:::
Growth Management Oversight Commission Members .............................................................2, 4
Mobilehome Rent Review Commission Members ......................................................................1, 2
Resource Consen.ation Commissien :>.1emsers ............................................. ........ ......................'. 1
,\dded /'".rea Project .^.rea Comminee ..............................................................................................3
Chula Yista Redevelopment Corporation (CYRC) Directors..................................................], 2"..4
Redevelopment Advisory Committee (RAC) Members.......................................................... I, 2"..4
Town Centre Project .^.rea Comrninae ~.1emsers.............................................................................3
Consultants. ....................................... ................. ..................................... ........... ........ ................. All
.Consultants shall be induded in the list of designated employees and shall disdose pursuant to
the broadest disclosure category in the code, subject to the following limitation:
The City may determine, in writing, that a particular consultant, although a "designated
position," is hired to perform a range of duties that is limited in scope and thus is not required to
fully comply with the disdosure requirements in this section. Such written determination shall
indude a description of the consultant's duties and, based upon that description, a statement of
the extent of disdosure requirements. The City's determination is a public record.
2-9
Chula Vista Municipal Code
ATTACHMENT 2
2.02.040
Chapter 2.02
CONFLICT OF INTEREST
Sections:
2.02.010
2.02.020
Purpose and intent.
The city council as code reviewing
body for conflict of interest code.
Conflict of interest code of the city of
Chula Vista.
Exception for solely advisory boards
and commissions.
2.02.030
2.02.040
2.02.010 Purpose and intent.
The City Council intends to implement Govern-
ment Code Sections 87300 through 87313 pertain-
ing to conflict of interest codes for local agencies.
The City Council also intends to implement all
appropriate penalties for persons required to file
under this chapter who fail to do so in a timely
fashion. (Ord. 2807, 2000).
2.02.020 The city council as code reviewing
body for conflict of interest code.
The City Council shall serve as the code review-
ing body under Government Code Section 87303
for review and adoption of the conflict of interest
code for all persons associated with the City of
Chula Vista and required to file a statement of eco-
nomic interests with the Fair Political Practices
Commission. All statements of economic interests
shall be filed with the City Clerk, who shall be
responsible for filing with the Fair Political Prac-
tices Commission. (Ord. 2807, 2000).
2.02.030 Conflict of interest code of the city
of Chula Vista.
A. The Political Reform Act, Government
Code Sections 81000, et seq., requires local gov-
ernment agencies to adopt and promulgate conflict
of interest codes. The Fair Political Practices Com-
mission has adopted a regulation, Title 2 of the
California Code of Regulations, Section 18730,
which contains the terms of a standard model con-
flict of interest code, which is incorporated by ref-
erence, and which may be amended by the Fair
Political Practices Commission to conform to
amendments in the Political Reform Act after pub-
lic notice and hearings. Therefore, the terms of
Title 2 of the California Code of Regulations, Sec-
tion 18730, and any amendments to it, except Sec-
tion 9.5, duly adopted by the Fair Political
Practices Commission, are hereby incorporated by
reference and constitute the conflict of interest
code of the City of Chula Vista.
B. The City Council shall set fonh by resolu-
tion the officials and designated employees who
are required to file statements of economic inter-
ests and the disclosure categories under which each
such official and designated employee shall file.
Said resolution and any amendment to it are incor-
porated by reference to the conflict of interest code.
Said disclosure categories are:
I. All investments, sources of income and
business positions;
2. Interests in real propeny;
3. Investments, business positions, interests
in real propeny, and sources of income subject to
th'e regulatory, permit or licensing authority of the
depanment;
4. Investments and business positions in
business entities and sources of income that engage
in land development, construction or the acquisi-
tion or sale of real propeny;
5. Investments and business positions in
business entities and sources of income that, within
the past two years, have contracted with the City of
Chula Vista or the redevelopment agency to pro-
vide services, supplies, materials, machinery or
equipment;
6. Investments and business positions in
business entities and sources of income that, within
the past two years, have contracted with the desig-
nated employee's department to provide services,
supplies, materials, machinery or equipment. (Ord.
2980 S 1,2004; Ord. 2807, 2000).
2.02.040 Exception for solely advisory
boards and commissions.
A. The City Council finds that cenain of the
City's boards and commissions are solely advisory
within the meaning of Government Code Section
87100. and are, therefore, not required by law to be
governed under the City's conflict of interest code.
B. For those boards and commissions not
required by law to be governed under the City's
conflict of interest code, the City Council declares
that citizens serving as volunteers on those boards
and commissions shall not be required to complete
and submit statements of economic interests and
shall not be required to disqualify thernsel ves from
deliberations or decision making for economic rea-
sons. (Ord. 2807, 2000).
2-3
2-10
(Revised 7/07)
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE APPENDIX TO THE
LOCAL CONFLICT OF INTEREST CODE AND
DESIGNATING FILERS FOR PURPOSES OF AB 1234
WHEREAS, the Political Reform Act, Government Code 9987200, et.seq., requires certain
officials and candidates to file Statements of Economic Interests (Form 700); and
WHEREAS, the Political Reform Act, Government Code Sections 87300 et seq., requires local
government agencies to adopt and promulgate conflict of interest codes; and
WHEREAS, the City Council adopted Ordinance No. 2807, adopting by reference the
standardized conflict of interest code contained in Title 2 of the California Code of Regulations,
Section 18730, and any amendments thereto that are adopted by the Fair Political Practices
Commission; and
WHEREAS, the Political Reform Act requires every local agency to review its Conflict of
Interest Code biennially to determine if it is accurate or, alternatively, that the Code must be
amended; and
WHEREAS, as directed by the City Council, the City Attorney and the City Clerk have reviewed
the Code and its Appendix, consulted with Department Directors, and determined that
amendments to the Appendix of the Code are necessary; and
WHEREAS, the City Council also wishes to designate those City employees who are required to
file Form 700 under the City's Conflict of Interest Code as "Local Agency Officials," as defined
in Government Code 953234(c)(2), thereby requiring them to participate in the ethics training
mandated by AB 1234.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that
the list of officials, candidates and designated employees of the City of Chula Vista who are
required to file periodic statements of economic interests, and the disclosure categories under
which each such official, candidate or designated employee is required to file, are shov.,TI on
Exhibit "A," attached and made a part of this Resolution.
BE IT FURTHER RESOLVED that the employees required to file under the City's Conflict of
Interest Code are also "designated employees" for purposes of AB 1234 and, as such, are
required to participate in mandatory ethics training, pursuant to Government Code 9953234,
et.seq.
Presented by
Approved as to form by
Donna R. Norris
Interim City Clerk
2-11
EXHIBIT A
OFFICIALS REQUIRED TO FILE PURSUANT TO
GOVERNMENT CODE ~~ 87200, et.seq.
The following officials shall file periodic statements disclosing certain economic interests
(commonly referred to as "700 Forms") with the Fair Political Practices Commission, as required
by California Government Code 9987200 - 87210:
Mayor and City Councilmembers
Candidates for Elective Office
City Manager
City Attorney
Director of Finance/City Treasurer
Planning Commission Members
In addition, each official falling within any of the above-listed categories, except "Candidates for
Elective Office," is required to comply with the ethics training requirements of California
Government Code 9953234, et.seq.
DESIGNATED EMPLOYEES REQUIRED TO FILE UNDER THE CITY OF CHULA
VISTA CONFLICT OF INTEREST CODE
Each City employee whose position title is listed below shall file 700 Forms under the
designated disclosure category (as set forth in Chula Vista Municipal Code 92.02.030) and is
required to comply with the ethics training requirements of California Government Code
9953234, et.seq.:
P ositio n Title .................................................................................................. Disclos ure Ca te!!o rv
Assistant and Deputy City Managers...........................................................................................1, 2
All other Department Directors ...................................................................................................1, 2
City Clerk
Director of Budget & Analysis
Director of Communications
Director of Conservation & Environmental Services
Director of Engineering/City Engineer
Director of Human Resources
Director of Information Technology Services
2-12
P ositio n Title ....................................................................... ........................... Disclos ure C a tel!O rv
All other Department Directors (continued) ................................................................................1.2
Director of Planning and Building
Director of Public Works
Director of Recreation
Director of Redevelopment and Housing
Director of the Nature Center
Library Director
Fire Chief
Police Chief
All other Assistant and Deputy Department Directors: ...............................................................1. 2
Assistant City Clerk
Assistant Director of Budget & Analysis
Assistant Director of Building & 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 Library Director
Assistant Police Chief
Assistant Fire Chief
Administrative Services Manager ................................................................................................1. 2
Advanced Planning Manager .......................................................................................................1. 2
Animal Control Manager .............................................................................................................5,6
Assistant City Attorney ................................................................................................................1. 2
Assistant Planner............ .................................. ......... ........................ .................. .........................3. 4
Associate Planner......... ..................................... ........ ................. ..................................................3. 4
Benefits Manager....................................................... ................................................................. .....5
2-13
P osition Title ............................................................... ................................... DiscIos ure C a te!!o rv
Building Inspector (all levels) .... ............ ................................ ................................... .......................3
Chief of Staff...... ..... ...................................................................... ............................ ............... ....1, 2
Coastal/Environmental Land Use Policy Consultant...................................................................l, 2
Code Enforcement Manager ........................................................................................................3,4
Code Enforcement Officer (all levels) .............................................................................................3
Collections Supervisor.............. ................................................................................ ............... ....2, 4
Constituent Services Manager .....................................................................................................1,2
Council Assistant .........................................................................................................................1, 2
Deputy Building Official ............................................................................................................ 3, 6
Deputy City Attorney (all levels)................................................................................... ..............1,2
Development Planning Manager..............................................................................................3,4,6
Economic Development Officer ..................................................................................................1,2
Environmental Resource Manager................. ................. ............. ............. ................ ............... ....3, 6
Equipment Maintenance Manager ...............................................................................................1, 2
Facility & Supply Specialist .............................................,............................................................ 6
Fire Battalion Chief......................................................................................................................1, 2
Fire Inspectors (all levels)................ ............................................................................................3, 6
Fire Marshal................................................................................................................... ..............3, 6
Fire Prevention Engineer.............................................................................................................3, 4
Fiscal Operations Manager ..........................................................................................................1,2
Fleet Manager..............................................................................................................................5, 6
Government Relations Liaison ....................................................................................................1,2
Hearing Officers............................. ......................... ....................... .............................................. All
Human Resources Operations Manager............ ...............................................................................5
Land Surveyor................................................... .......................................................................3, 4, 5
Landscape Planner ........................................... ......................................................... ...................3, 4
Librarian (all levels).......................................... .......... .............................. ............. ................... .......6
Library Administrative Coordinator... ............................. .......................................... ......................6
Literacy and Programming Coordinator ..........................................................................................6
2-14
P ositio n Title .................................................................................................. Disclosure C ate20 rv
Open Space Manager ...................................................................................................................4, 6
Parks & Open Space Manager .....................................................................................................1,2
Parks Manager.................................................................................. ...........................................4, 6
Plan Check Supervisor .................................................................................................................3, 4
Plans Examiner ............................................................................................................................1, 2
Police Captain................................................................... ...................................... ......... ..... .......1, 2
Principal Civil Engineer...........................................................................................................3, 4,5
Principal Landscape Architect..................................................... ................... ................... ..........3, 4
Principal Librarian ............ ....................................... ....................................................................... 6
Principal Management Analyst................. ..... ....... ........... .............................................. ..............3, 5
Principal Planner ..........................................................................................................................1, 2
Principal Project Coordinator ......................................................................................................1, 2
Principal Recreation Manager............................. .................................................... .........................6
Procurement Specialist...... ...............................................................................................................1
Project Coordinator (all levels) ............... .....................................................................................1, 2
Public Works Inspector (all levels)......................................................................... .....................3, 4
Public Works Manager ................................................................................................................1, 2
Purchasing Agent............ ....................................................... .............................. ........... .............. ...1
Real Property Manager ................................................................................................................1,2
Redevelopment Coordinator ....................................................................................................3, 4, 6
Redevelopment and Housing Manager ........................................................:...............................1, 2
Risk Management Specialist................................................. ....... ....................................... .............5
Risk Manager .......................................................... ......... ................................... .............................1
Senior Assistant City Attorney ....................................................................................................1, 2
Senior Building Inspector.................................... ......... ...................................... .......................... ...3
Senior Civil Engineer...............................................................................................................3, 4, 5
Senior Code Enforcement Officer ...............................................................................................3, 4
Senior Council Assistant......................................... .......................................................... ...........1, 2
Senior Economic Development Specialist...............................................................................3, 4, 6
2-15
P ositio n Title .................................................................................................. Disclosure C a tee:o rv
Senior Landscape Inspector ..... ...... .................... .............. ...... ......... ........ ..... ...... ....... ... .... ............ I , 2
Senior Librarian. .... ... ... ...... ......... ...... .................... ................. ................... ......... ...... .... .......... ..........6
Senior Planner.............. ...... ......... ... ........ ........... ..................... ..... .... ... ................ ... ... .... .... ......... ... I, 2
Senior Plans Examiner. ............ ... ... ................ ... ....... ......... ... ........ ... ............. ...... ... ... .... .... ......... ...3, 4
Senior Procurement Specialist .... ... ........... ..... ... .......... ...... ..... ..... .... .......... ......... ... ... .... ............. ... I, 2
Senior Project Coordinator ..........................................................................................................1,2
Senior Public Works Inspector ... ... ...... .......... .......... ..... .... ..... ......... ................... ... ... .... .......... ... ...3, 4
Senior Risk Management Specialist. ......... ....... ............ ...... ............ ... ... .... ......... ...... ...................... ..5
Special Planning Projects Manager ............................................................................................. I, 2
Special Projects Manager........ .... ................ ...... ...... .......... ..... ......... ..... ....... ....... ... ... ................ ....1, 2
Transportation Engineer.. ........ ....... ..... ... .............. .... ............ ........... ............ ................. ............3, 4, 5
Transit Manager. ............. ........ .... ... ....................... ... ... .......................... ............. ... ....... ...... ....... .... ...5
Treasury Manager.... ... ...... ......... .... ............. ...... ....... ......... ..... ................ ..... ... .......... ................. ...1, 2
Wastewater Collections Manager .. ................... .... ........... .................................. ... ................... ....1, 2
Board of Appeals and Advisors Members .........................,.........................................................2,5
Board of Ethics Members ............................................................................................................1, 2
Civil Service Commission Members ............... .... ...... ..................... ......... ............. .................... .......3
Design Review Committee Members ..........................................................................................2,4
Growth Management Oversight Commission Members .............................................................2, 4
Mobilehome Rent Review Commission Members .......................................................................1, 2
Chula Yista Redevelopment Corporation (CYRC) Directors......................................................1,2
Redevelopment Advisory Committee (RAC) Members..............................................................1,2
Consultants' ... ........ .......... ...... .... ..... ...... ........... .... ............ ........ ..... .... ............ ... .......... .............. .... All
'Consultants shall be included in the list of designated employees and shall disclose pursuant to
the broadest disclosure category in the code, subject to the following limitation:
The City may determine, in writing, that a particular consultant, although a "designated
position," is hired to perform a range of duties that is limited in scope and thus is not required to
fully comply with the disclosure requirements in this section. Such written determination shall
include a description of the consultant's duties and, based upon that description, a statement of
the extent of disclosure requirements. The City's determination is a public record.
2-16
CITY COUNCIL
AGENDA STATEMENT
A (lIT OF
-~ (HULA VISTA
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
9/23/08, Item ~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING BIDS A1'iD AWARDING THE CONTRACT FOR THE CIVIC
CENTER LIBRARY CHILLER PLANT TURBOCOR RETROFIT PROJECT
IN THE CITY OF CHULA VISTA, CALIFORNIA (CIP NO. GG202B) TO
EN/COR SERVICES, INC. / MESA ENERGY SYSTEM, INe.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE APPROPRLA.TION OF ANY SDG&E REBATE
FUNDS fu'ID/OR {]]\l1JSED CONTING CIES IN THE CIVIC CENTER
LIBRARY CHILLER PLA1'1T TURBO OR RETROFIT PROJECT (CIP NO.
GG202B) TO CAPITAL IMPROVEl NT PROJECT NO. GG195
DffiECTOR OF ENGINEERING
DffiECTOR OF CONSER V A TIOI ENVIRONMENT AL RESOURC~
ASSIST ANT CITY MANAGER S r
4/5T,HS VOTE: YES ~ NO U
SUMMARY
Since the summer of 2006, the chiller plant at the Civic Center Library has been experiencing
equipment shutdowns and failures on a regular basis. The system was checked for all the normal
problems that could be associated with the alarms and system shutdowns that were experienced.
The Library's chiller plant was identified for an energy upgrade and retrofit as part of the City of
Chula Vista's Phase I Loan agreement with SDG&E and the California Energy Commission
(CEC).
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 retrofit
of existing chiller plant that is enclosed entirely within the existing Civic Center Library rooftop
and equipment room; therefore, pursuant to Section l5061(b)(3) of the State CEQA Guidelines
the activity is not subject to CEQA. Thus, no environmental review is necessary.
RECOMMENDATION
Council adopt the resolutions.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
3-1
9/23/08, Iteml
Page 2 of 3
DISCUSSION
Since the summer of 2006, the chiller plant at the Civic Center Library has been experiencing
equipment shutdowns and failures on a regular basis. The system was checked for all the normal
problems that could be associated with the alarms and system shutdowns that were experienced.
The Trane Service Company monitored and conducted several tests which indicate compressor
unit "A" was not functioning properly and in need of repair. Major disruption to air conditioning
services continue to occur daily.
These compressors typically have a life expectancy of 20,000 - 25,000 hours with the Civic
Center Library unit "A" having 21,856 hours and unit "B" having 32,767 hours without any
major rebuilds or repairs. Air cooled chillers have a total life expectancy of around 15 to 20
years due to compressor failures and coil corrosion from our salt air environment. The combined
unit was installed in the Spring of 1993 and has operated on demand during the past 15 years of
service for the building.
The Civic Center Library's chiller plant was identified for an energy upgrade and retrofit as part of
the City of Chula Vista's Phase I Loan agreement with SDG&E and the CEC. Engineers involved
with the partnership program and City staff researched all possible enhancements and cost saving
methods to bring a retrofitted chiller up to our current energy saving guidelines and standards.
On July 2, 2008, the Engineering Department prepared documents and advertised the Civic Center
Library Chiller Replacement Project (CIF No. GG202B) through the formal bid process. On
August 13,2008, the Director of Engineering received two (2) bids for the project as follows:
CONTRACTOR BID AMOUNT
I. EMCOR Services/Mesa Energy Systems- Lemon Grove, CA $270,511.00
2. Alpha Mechanical Services, Inc. - San Diego, CA 5308,980.00
The low bid submitted by EMCOR Services/Mesa Engineer Systems is above the Engineer's
estimate of $226,000 by $44,511 or 19.70%. Staff has verified the references provided by the
contractor and their work has been satisfactory.
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 upgrades, the
City pursued and was awarded CEC 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 chiller for the Civic Center Library be replaced m
combination with the control system to form a complete comprehensive energy package.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found that Councilman
Castaneda has property holdings within 500 feet of the boundaries of the property which is the
subject of this action.
3-2
9/23/08, Item~
Page 3 of 3
FISCAL IMPACT
There was an estimated amount budgeted in GG202B for this project in the amount of :5226,000
to be fully paid through the CEC Energy Efficiency Loan which was approved by City Council
on April 1,2008. Additional funds will be needed cover the required amount to complete the
project.
Staff is recommending utilizing existing CIP GG195 to augment the project and is consistent
with the use of funds intended for minor capital improvements. These funds are used Citywide
for unanticipated repairs and replacements such as broken windows, copper wire-theft,
equipment failures, lighting replacement, etc. on all city-owned facilities. Should the
unanticipated repairslreplacements exceed the available funds after completion of this project
then it will require a Council appropriation from the General Fund.
Staff anticipates the City will be eligible for a rebate from SDG&E estimated at :521,000 at the
completion of the project. As such, staff recommends that Council authorize any SDG&E
rebates and/or unused contingencies be appropriated back to GG 195 for unanticipated minor CIP
repairs and replacements. A breakdown of project costs are as follows:
FUNDS REQUIRED FOR PROJECT
A. Contract Amount (EM COR Services / Mesa Energy Systems) I $270,511
B Contingencies (10% of contract amount) $27,051
TOTAL FUNDS REQUIRED FOR CONSTRUCTION I $297,562
FUNDS AVAILABLE FOR CONSTRUCTION
A. Existing ClP, GG202 (CEC Energy Efficiency Loan Projects) $226,000
B Existina CIP, GG195 (C&R Minor Capitallmorovements) $71,562
TOTAL FUNDS A VA.lLABLE FOR CONSTRUCTION $297,562
The initial investment from the General Fund for this project will be reimbursed through the
CEC loan program funded by the California Public Utilities Commission (CPUC) whereby
anticipated annual energy savings will be first utilized to pay off the debt service for the loan and
thereafter all future energy savings will be realized in the General fund.
Upon completion of the project, the improvements will require only routine City maintenance.
ATTACHMENTS
1. Contractor's Disclosure Statement
Prepared by: Gordon Day, Sr. Building Project ii/anager, Engineering Department
ivf:IGeneral ServiceslGS AdministrationlCouncil Agenda1GG202BIAI/J Civic Center Library GG202Brev.doc
3-3
An,'\CHMENT~" I
CITY OF CHULA YISTA DISCLOSURE STATElVIENT
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action
by the Council, Planrling Connnission and all other omcial 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 fi.'laIlcial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
N",r-J <(
,
2. If any person' idemiEied pursuant to (1) above is a corporation or partnership, list the names of all
individuals with a S2000 investment in t.oe business (corporation/partnership) entity.
NNJ ,(
3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names
of any person servi.ng as director of the non-profit organization or as trustee or beneficiary or
trustor of -me trust.
!'t,,",oJ f'
4. Please identify every person, including any agents, employees) consultants, or i.T1dependent
contractors you have assigned to represent you before the City in this matter.
Ida,,! ~
5. Has any person' associated with this contract had any [mancial dealings with an official** of the
City of Chula Vista as it relates to tPis 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.
14
M:\G~r.:;.J1 S<:rvic~~\Desigl1\GG202\GG2029\gg202B Civi~ Ccrller Library Chil~cr lVL Y.24.2900a COI1{r"~t.dcc
3-4
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~Yes _ lfyes, which Council memher?
7. Have you provided more than $340 (or an item of equivalent value) to an official** of Llje City
of Chula Vista L'l the past twelve (12) months? (This includes heing a source of income, money to
rehre a legal debt, gift, loan, etc.) Yes _ No ~
If Yes, which official** and what was the nature of item pro,ided?
Date:
ff/fj!og'
Signa e of ontractor/_~licant /,
{' hc..r/"" '5 lef,.., ~
Print br type name of Contractor/ Applicallt
*
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 li,nited to: iVlayor, Council member, Planning Commissioner,
Member of a board, commission, or committee 'of the City, employee, or staff memhers.
15
M:\G~neral Service.s\Design\GG202\GG2023\g:;202B Cil'ic C~nte. Ubr;u-y C:1i\ler lUL Y.24.2900'8 C~r1tnct.doc
3-5
RESOLUTION 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS ANTI AWARDING THE
CONTRACT FOR THE CIVIC CENTER LIBRARY CHILLER
PLANT TURBOCOR RETROFIT PROJECT IN THE CITY OF
CHULA V[ST A, CALIFORNIA (erp NO. GG202B) TO EMCOR
SER VICES, me. / MESA ENERGY SYSTEM, me.
WHEREAS, since the summer of 2006, the chiller plant at the Civic Center Library has
been experiencing equipment shutdowns and failures on a regular basis: and
WHEREAS, the Civic Center Library's chiller plant was identified for an energy upgrade
and retmflt as parr of the City ot'Chula Vista's Phase One Loan agreement with SDG&E and the
CEC: and
WHEREAS, on July 2,2008, staff prepared documents and adverrised the Civic Center
Library Chiller Replacement Project (CIP No, GG202B) through the formal bid process; and
WHEREAS, on August 13, 2008, the Director of Engineering received two (2) bids for
the project: and
WHEREAS, the low bid was submitted by EMCOR Services IndMesa Engineer System,
Inc. and it is above the Engineer's estimate ofS226,000 by $44,511 or 19.70%; and
WHEREAS, staff has verified the references provided by EMCOR Services [ndMesa
Engineer System, Inc. and their work has been satist~lCtory,
NOW, THEREFORE, BE [T RESOLVED by the City Council of the City ofChula Vista
that it accepts bids and awards the contract for the Civic Center Library Chiller Plant Turbocor
Retrofit Project in the City of Chula Vista, California (CIP No, GG202B) to EMCOR Services,
Inc./fVlesa Ener'!v Svstems, Inc.
Presented by
Approved as to forn1 by
Richard A. Hopkins
Director of Engineering
Barr Miesfeld
Interim City Attorney
~
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3-6
RESOLUT[ON NO. 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE APPROPRIATION OF
ANY SDG&E REBATE FUNDS AND/OR UNUSED
CONTINGENCIES IN THE CIVIC CENTER LIBRA.RY
CH[LLER PLANT TURBOCOR RETROFlT PROJECT (CIP NO.
GG202B) TO CAPlTAL IMPROVEMENT PROJECT NO.
GG[95
WHEREAS. in a separate action. the City Council accepted bids and awarded the
contract lor the Civic Cellter Library Chi[ler Plant Turbocor Retrofit Project (CIP No. GG202B)
to EMCOR Services, Inc.lMesa Energy System. Inc. (the "Project"); and
WHEREAS, the Project will be funded through Capital Improvement Project No
GG202B; and
WHEREAS, there is S226,000 in CIP No GG202B; and
WHEREAS. additional I'unds will be needed to complete the Project: and
WHEREAS, Capital Improvement Project No. GG 195 funds are used for unanticipated
repclirs and replacement of items such as broken windows, copper wire theft, equipment failures,
and lighting replacement on all City-owned facilities; and
WHEREAS, staff proposes using funds in CIP No. GGI95 to augment the funds in crr
No. GG202B because the Project is consistent with the intended use of tile funds in CIP No.
GG195; and
WHEREAS. stalT anticipates that there will be a rebate from SDG&E of approximately
521,000 at the completion of the Project, as well as potential LlJ1used contingencies in the Project.
NOW THEREFORE, BE IT RESOL VED by the City Council of the City of Chura Vista
that it authorizes the appropriation of any SDG&E rebate funds and/or unused contingencies in
the Civic Center Library Chiller Plant Turbocor Retrofit Project (CIP No. GG202B) to Capital
Improvement Project No. GG [95.
Presented by
Approved as to l0t111 by
Richard A. Hopkins
Director of Engineering
L /7 (~r =L
\..-( /~'---'v_' ,/ v{~t;' L .
Bali Miesfeld {/' ""-
Interim City Attomey
3-7
CITY COUNCIL
AGENDA STATEMENT
9/23/08, Iteml
ITEM TITLE:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING BIDS Al'ID AWARDING THE CONTRACT FOR THE
POLICE DEPARTMENT VARIABLE SPEED LOOP PLANT RETROFIT
PROJECT IN THE CITY OF CH A VISTA, CALIFORNIA (CIP NO.
GG202D) TO ALPHA MECHANIC L SERVICES, INe.
DIRECTOR OF ENGINEERING fW ~
DIRECTOR OF CONSERVATIO ;fin ENVIRONMENTAL RESOURC~
ASSIST ANT CITY MANAGER ~ 7
4/5THS VOTE: YES 0 NO [g]
SUBMITTED BY:
REVIEWED BY:
SUMMARY
The Police Department facility chiller plant was identitied for an energy upgrade and retrofit as
part of the City of Chula Vista's Phase I Loan agreement with SDG&E and the California
Energy Commission (CEC). This resolution would award a contract to Alpha Mechanical
Services, Inc. to retrofit the chiller plant at the Police Department facility. It is anticipated the
retrofit will increase energy savings and will bring the chiller in conformance with energy
savings guidelines and standards.
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 because it involves only retrofit
of existing chiller plant that is enclosed entirely within the existing Police Department facility
roof top and 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 adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
The Police Department facility chiller plant was identified for an energy upgrade and retrofit as
part of the City of Chula Vista's Phase I Loan agreement with SDG&E and the CEC. Engineers
involved with the partnership program and City staff researched all possible efficient and cost
saving methods to bring the chiller up to our current energy saving guidelines and standards. It
4-1
9/23/08, Iteml
Page 2 of 3
was determined that changing to a Turbocor compressor unit and an Optimum EnergylHartman
Loop configuration with associated piping and control system would save the City of Chula
Vista approximately 448,637 kilowatt hours per year. It would be the largest single savings item
proposed for the Phase I Energy Program and would be an example for other municipalities to
explore concerning energy savings. Since the unit to be replaced is approximately six years old
and is one of two units in operation at the Police Department facility, the unit removed will be
kept as backup reserve unit in case of a failure in the remaining unit.
On July 2, 2008, the Engineering Department prepared documents and advertised the Police
Department Variable Speed Loop Retrofit Project (CIP No. GG-202D) through the formal bid
process. On August 27, 2008, the Director of Engineering received two bids for the project as
follows:
CONTRACTOR BID AMOUNT
I. Alpha Mechanical Services, Inc. - San Diego, CA 5313,395.00
2. EMCOR Services / Mesa Energy Systems- Lemon Grove, CA 5363,510.00
The low bid submitted- by Alpha Mechanical Services, Ine. is below the Engineer's estimate of
5330,000 by $16,605 or 5%. Staff has verified the references provided by the contractor and
their work has been satisfactory.
This facilities improvement project is part of the City's broader efforts to promote renewable energy
at municipal sites and to lower citywide greenhouse ga,s or "carbon" emissions. The Chula
VistalSDG&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 upgrades, the
City pursued and was awarded CEC 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 chiller for the Police Department facility be replaced in
combination with the control system to form a complete comprehensive energy package.
Disclosure Statement
Attachment I is a copy of the Contractor's Disclosure Statement.
Wage Statement
Contractors bidding this project were' required to pay prevailing wages to persons employed by
them for the work under this project. Disadvantaged businesses were encouraged to bid through
the sending of the Notice to Contractors to various trade publications.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found that Councilman
Castaneda has property holdings within 500 feet of the boundaries of the property which is the
subject of this action.
4-2
9/23/08, Item 4-
~
Page 3 of 3
FISCAL IMPACT
There is no impact to the General Fund as there are sufficient funds in the existing project. The
crp's expenditures will be reimbursed through the CEC loan program previously approved by
Council on April I, 2008. 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 (Alpha Mechanical Services, Inc.) $313,395.00
B. Contingencies (10% of contact amount) $31,339.50
TOT AL FUNDS REQUIRED FOR CONSTRUCTION $344,734.50
FUNDS A V AILABLE FOR CONSTRUCTION
A. Existing CIP, GG202 $344,734.50
TOT AL FUNDS A V AILABLE FOR CONSTRUCTION $344,734.50
The initial investment from the General Fund for this project will be reimbursed through the
CEC loan program funded by the California Public Utilities Commission (CPUC) whereby
anticipated annual energy savings will be first utilized to payoff the debt service for the loan and
thereafter all future energy savings will be realized in the General Fund.
Upon completion of the project, the improvements will require only routine City maintenance.
ATTACHMENTS
1. Contractor's Disclosure Statement
Prepared by: Gordon Day, Sr. Building Project Manager, Engineering Department
,H:IGenerll! ServiceslCS Administration\Council Agenda1GG202D\AI /3 CV Police Depart Variable Speed Loop GC202Drev.doc
4-3
ATTACHMENT I
-
CITY OF CRt]LA VISTA DISCLOSURE STATEMENT
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action
by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of
cenain o\VJ1ersmp or fmancial 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.
rJ/A
2. If any person' identified pursuant to (l) above is a corporation or partnership, list the names of all
individuals with a $2000 investment in the business (corporatiopJpartnership) entirj.
N/A-
3. If any person' identified pursuant to (1) above is a non-profit organization or trust, list the names
of any person serving as director of the non-profit organization or as trustee or beneficiary or
trustor of the trust. '
iV/A
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.
N/A
I
5. Has any person* associated with this contract had any financial dealings with an official*'" of the
City ofChula Vista as it relates to this c.ontract wirhin the past 12 months? Yes_ No~
14
;~j:\Ge::n~jal Scn'ice5\j)~s;gn\GG2C2'.GG20~mgg:202D Police Dcp! Vari2.01<: Speed Loop Pi2:-7.t c.('f:~jacts.dc::
4-4
If Yes, briefly describe the nature of the financial interest the official" may have in this contract.
6.
Have you made a contribution of mote than 5250 within the past twelve (12) months to a current
member of the Chula Vista City Council? Noi... Yes _ If yes, which Council member?
7.
Have you provided more than 5340 (or an item of equivalent value) to an official** of the City
of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to
retire a legal debt, gift, loan, etc.) Yes _ No K
If Yes, which official ** and what was the nature of item provided?
Date:
21 d7 !J.OOg'
~
Signature of Contractor/Applical1t
-rom ~Shaw
Print or type name of Contractor/Applicant
.
Person is defined as: any individual, firm, co-partnership, joint venture, association, social club.
fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city,
municipality, district, or other political subdivision, -or any other group or combination acting as
a unit.
"'*
Official includes, but is not limited to: 1vfaYOf, Council member, Plan.ning COrP..rrllssioner,
Member ofa board, commission, or committee of the City, employee, or staff members.
]5
M:\G~ne~;j~ Scp:ices'.Desi;1'\GG102\GG20~D\gg202G ?ojic~ f)4~\5~;aCk S?e~ci Loo? PIa,,; Coni;.a~!s.bc
RESOLUTrON NO. 2008-
RESOLlJTrON OF THE crTY COUNClL OF THE CITY OF
CHULA VlSTA ACCEPTING BIDS AND AWARDfNG THE
CONTR.A.CT FOR THE POUCE DEPARTMENT VARIABLE
SPEED LOOP PLANT RETROFIT PROJECT fN THE CITY OF
CHULA VISTA, CAUFORNTA (CIP NO. GG202D) TO
ALPHA MECHANICAL SERVICES, fNC
WHEREAS, the Police Departmeni's facilitv chiller plant was identified for an energv
upgrade ancl retrotit as part of the City of Chula Vista's Phase One Loan agreement with
SDG&E and the CEC; and
WHEREAS, on July 2, 2008, the Engineering Department prepared documents and
advertised the Police Department Variable Speed Loop Retrotit Project (CIP No: GG-202D)
through the formal bid process; and
WHEREAS, on August 27, 2008, the Director of Engineering received two bids for the
project; and
WHEREAS, the low bid was submitted by Alpha Mechanical Services, Inc. and is below
the Enc:ineer's estimate 01'$330,000 bv $16,605 or 5%; and
~ ~
WHEREAS, staff has verified the references provided bv Alpha Mechanical Services,
Inc. and its work has been satist~lctory. "
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Chula Vista
that it accepts bids and awards the contract tar the Police Department Variable Speed Loop Plant
Retrofit Project in the City of Chula Vista, California (CIP No. GG202D) to Alpha Meclwnical
Sen'ices. Inc.
Presented by
Approved as to fonn by
Richard A Hopkins
Director of Engineering
r/') '1 / ~
~)/L.,.C'\' l[ ,/U-:"4~O}"-
Bart Miesfeld
Interim City Attorney
4-6
CITY COUNCIL
AGENDA STATEMENT
~('f:. CITY OF
~CHULA VISTA
9/23/08, Item 5'
ITEM TITLE:
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA Al'lD
WALKSANDIEGO IN THE AMOUNT OF $194.310 TO ANALYZE
WALKABILITY SURROUNDING ALL PUBLIC ELEMENTARY SCHOOLS
WITHIN THE CITY OF CHULA VISTA EXCEPT ALLEN SCHOOL, CHULA
VISTA HILLS, HALECREST, HILLTOP, LAUDERBACH, MONTGOMERY,
SALT CREEK, AND VISTA SQUARE ELEMENTARY SCHOOLS
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
WALKSANDlEGO IN THE AMOUNT OF $194,310 TO ANALYZE
WALKABILITY SURROUNDING LAUDERBACH AND MONTGOMERY
ELEMENTARY SCHOOLS
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
WALKSANDIEGO IN THE AMOUNT OF $I94,3IO TO ANALYZE
WALKABILITY SURROUNDING ALLEN SCHOOL, CHULA VISTA HILLS,
AND SALT CREEK ELEMENTARY SCHOOLS
,
D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
WALKSANDIEGO IN THE AMOUNT OF $194,310 TO ANALYZE
WALKABILITY SURROUNDING HILLTOP AND VISTA SQUARE
ELEMENTARY SCHOOLS
E. RESOLUTION OF THE CITY COUN)':IL OF THE CITY OF Cl-IULA VISTA
APPROVING AN AGREEMENT BET EN THE CITY OF CHULA VISTA AND
WALKSANDIEGO IN THE OUNT OF $194,310 TO ANALYZE
W ALKABILITY SURROUNDING ALECREST ELEMENTARY SCHOOL
SUBMITTED BY:
DIRECTOR OF ENGINEERING
REVIEWED BY:
C' _ --)
ASSISTANT CITY MANAGER --;>
4/STHS VOTE: YES 0 NO [gl
SUMMARY
In 2006, City staff applied for a Community-Based Transportation Planning Grant to fund 36
walking audits around elementary schools within the City. The walking audits would gather resident
opinions and desires for pedestrian-related improvements within their neighborhood. As described in
the grant application, each walking audit will be facilitated by WalkSanDiego, a local grassroots,
non-profit organization focused on improving walkability throughout the region.
5-1
9/23/08, HemE
Page 2 of 3
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 qualifies for a
Class 6 categorical exemption pursuant to Section 15306 of the State CEQA Guidelines. Thus, no
further environmental review is necessary at this time. Once projects have been defined,
environmental review may be required and a CEQA and potentially NEPA (National Environmental
Policy Act) determination completed prior to commencing the construction of any future
improvements and projects identified.
RECOMMEl'<'DA TION
Council adopt the resolutions.
BOARDS/COMMISSION RECOMMENDA nON
Not applicable.
DISCUSSION
In 2006, the City applied for a State grant under the Community-Based Transportation Planning
program. The focus of the proposed grant work is to build upon the City's missing infrastructure
database, taking into account the desires of Chula Vista residents regarding pedestrian facilities.
Staff was notified in late 2007 that our application had been reviewed, and the City was awarded
grant funding in the amount of $241,600. On January 8, 2008, City Council adopted resolutions
2008-003, 2008-004, 2008-005, 2008-006, and 2008-007 authorizing the acceptance of the Kids
Walk & Bike to School - Phase II Community-Based Transportation Planning Grant, authorizing the
Mayor to execute an agreement with the State of Californja for the grant, and establishing a new
capital improvement project (CIP No. TF-362).
The grant project is designed as a massive public outreach effort, teaching residents across Chula
Vista about "walkability" and the types of pedestrian accommodations present in "walkable
communities." After teaching residents about walkability, the project then asks residents to identify
and prioritize desired improvements for their neighborhood that would improve the neighborhood's
walkability. Once collected, this information will be placed in the City's Pedestrian Master Plan
currently in the early stages of being created, or used to create new missing infrastructure capital
improvement projects during the annual budgeting process.
The unique, community-directed focus of this project centers around community meetings and
"walking audits" to take place at 36 different elementary schools across the City. Residents living
within the attendance boundaries of each elementary school chosen will be invited to attend a public
meeting where the project team will discuss walkability, providing tips for healthy and safe
pedestrian activity. This educational component will be followed by the walking audit itself, which
provides residents with an opportunity to walk their neighborhood with representatives from the
project team, discussing neighborhood characteristics that impact the area's walkability as well as
physical improvements facilitating pedestrian activity. Once completed, residents will be asked to
prioritize their list of desired improvements. The end result will be a significant amount of direct
resident feedback that will be used for the following purposes. The walking audit workshops
detailed in this program will be one of several methods used as public outreach opportunities,
teaching residents about safe pedestrian practices. The information gathered will be delivered to the
project team currently working on the creation of a pedestrian master plan. Engineering staff will use
the data gathered during the walking audit process to help develop new crp missing infrastructure
projects. The Engineering Department, in conjunction with the Police Department will kickoff a
5-2
9/23108, Item~
Page 3 of 3
pedestrian safety campaign in late October similar to the "Stop on Red" and "Slow Down Chula
Vista'" campaigns aimed at improving pedestrian safety.
The grant program, as originally described, was to be a collaborative effort between the City of
Chula Vista and Southbay Partnership, a group comprised of two non-profit organizations: Healthy
Eating and Active Communities (HEAC) and WalkSanDiego. Since applying for the grant, Southbay
Partnerships has disbanded, however, the City has continued its partnership with WalkSanDiego, a
grassroots organization focused on improving pedestrian facilities within the region with previous
experience training and performing walking audits within the City of Chula Vista. Using their
unique experience regarding pedestrian-related education and training, WalkSanDiego will facilitate
each of the walking audits with City Engineering statf providing technical and logistical support.
Work is expected to be completed by the summer of2010.
DECISION MAKER CONFLICT
Statf has reviewed the property holdings of the City Council and has found that the following
conflicts exist: Mayor Cox has property holdings within 500' of Halecrest Elementary School;
Councilmember Ramirez has property holdings within 500' of Lauderbach and Montgomery
Elementary Schools; Councilmember McCann has property holdings within 500' of Salt Creek, Allen
School, and Chula Vista Hills Elementary Schools; and Councilmember Castaneda has property
holdings within 500' of Vista Square and Hilltop Elementary Schools.
FISCAL IMPACT
Approval of this agreement will not impact the General Fund. $302,000 of funding for this project
has already been included in the Capital Improvement Program under TF362, "Kids Walk and Bike
to School - Phase [I." This includes $241,600 in grant 'funding (reimbursed by the State after
expenses are incurred) and $60,400 matching ttInds from the City's TransNet resources. Per the
agreement, WalkSanDiego will utilize a total of $194,310. The remaining project fund balance is for
City staff time reimbursement from several departments such as City Attorney, Engineering, Police
and Plannini Departments, for project related tasks.
ATTACHMENTS
Attachment 1 - Community-Based Transportation Planning Grant Application
Attachment 2 - Agreement with WalkSanDiego
Prepared by: Jim Newton and J,luna Cuthbert, Senior Civil Engineers, Engineering Department
M.. IEngineerIA GENDA ICAS2008\09-2 3-08IAgenda Statement Jor WalkSD AgreementRE Vdoc
5-3
ATT " ,~", , '1::- \f' /
.,<.io".\....rr"!f\!l 1 ; ""'c"..""..,..........___
COMMUNITY-BASED TRANSPORTATION PLANNING
APPUCA1l0N
An electronic version or this application package is available on the Department's Di\~sion or
Transport2tion Planning web site at: httIJ://wwwdol.ca.;zovlhq/IDD/f;!ranls.htm
Application length - 15 page maximum - excluding map or project area, digital photographs, and letters
of support that must be attached to the application upon submittal
Double-spaced, 12 pitch font
Required documents
Signed Application, Scope of Work, Project Timeline, map of project area, digital photographs
Submit five hard copies and an electronic copy on a CD of the entire Application in Microsoft Word and
all attachments.
I Kids Walk & Bike to School- Phase IT
City ofChula Vista, Sa!1 Diego County, Calirornia
APPLICANT SUB-RECIPIENT(S)*
Organization City of Chula Vista South Bay Partnership
Contact Person Ms. Leah Browder
(include salutation Deputy Director or Engineering Mr. Dana Richardson, Director
and title)
I Mailing Address 276 Fourth Avenue 2400 East Fourth Street
City Chula Vista, CA I ,National City, CA
Zip Code 91910 91950
E-mail Address I browder@ci.chula-vista.ca.us i richardl@pvh.ah.org
Telephone Area 619 I Number I 409-5976 Area! (619) Number I 472-4607
Number I Code Code
Fax Number I Area 619 I Number I 427-4246 Area I (619) Number I 470-4289
Code Code
FUNDING INFORMATION
Grant Funds Requested I $ 241,600
Local Match (200/Q of funds req uested) 1$ 60.400
Other Funding 1$ 0
Total Project Cost I $ 302,000
LEGISLATORS IN PROJECT AREA
State Senator!s) (name and district) Assemblv Member!s) (name and district)
Denise Ducheny, Senate District 40 Shirlev Horton, 78'" Assembly District
Juan Val1!a5, 79'. Assembly District
!
* Attach additional pages if necessa.-y (this attachment will not be included in the 15 page maximum)
5-4
Project Summary - Identify the cOffi\nunity, stakeholders, and what will be accomplished (proposed tasks,
,steps, and deliverables in chronological order), Describe how the project wiJI be managed and all
lappropriate product delivered,
Begin typing here.'
Community: Tne City of Chula Vista is located 12 miles south of do'Wntown San Diego and 5 miles
north of the international border with Mexico. The city's population of 223,500 is diverse at 50%
HispalUc, and youthful 'With a median age of 33 and almost 30% under the age of ] 8. Chula Vista is
also one of the fastest growing municipalities in the country 'With a 52 square mile public infrastructure
network that is expanding accordingly. The city's existing and planned transportation facilities vary
dramatically in condition and sufficiency from the newly developing areas of the city to the older
aging pre-smart growth neighborhoods. The rapid expansion, combined 'With a limited pool of
resources, now calls for a prioritization of city pedestrian, bicycle, and traffic circulation
improvements through smart, community-based master planning efforts.
Stakeholders: Initially, the project 'Will focus on the ",-mile "buffer zones" surrounding eacb of the
city's elementary schools (see Project Area map). Observations are that parents residing 'Within these
zones are more apt to allow their children to walk to school. Therefore, the fIrst sta.l(eholders to gain
benefIts from this project will be the city's schoolchildren, their families, and their neighbors.
Ultimately, the project will have positive impacts for all residents, A number of community-based
stakeholder organizations will take an active role in this planning project including Healthy Eating,
Active Communities (HEAC) and Walk San Diego who have partnered as the South Bay Partnership.
This partnership actively works at the community level to reduce childhood obesity by promoting
walkability and reduci.,"'g reliance on cars. The South Bay Pa.rtnership will be the city's key planning
partner on this project. Other slakeholders will include the recently formed Southwest Chula Vista
Civic Association, the Environmental Health Coalition, the Northwest Civic Association, and a local
volunteer group known as "Crossroads" which monitors city plantllng efforts and provides regular
input. Local schools (where the community meetings will take place) and school districts, parent
faculty groups and homeowners assDciations will have critical involvement throughout the process.
2
5-5
JlLrisdictional stakeholders such as city councilmembers, the city's redevelopment agency, and
impacted city departments such as Public Works and Police will benefit from well-targeted planning
outcomes and directives from this project.
Planned Accomplishments; To establish a long-term plan for prioritizing and funding the entire
integrated network of pedestrian and bicycle facilities improvements, the city has embarked on a
major comprehensive initiative to inventory, assess, and master plan the city's miSSiIlg and inadequate
infrastructure. A unique aspect of tJus project is its community-directed focus. A city
interdepartmental project team (see Attachment 1) will provide oversi!S-"-t, general project
management, technical advisement, analysis, aI,d report preparation. But the success of this fully
collaborative effort, including design aspects, is predicated on the scope and depth of South Bay
Partoersmp's community outreach, hands-on coordination of day-to-day comrnwity-level planning
activities, and ensuring that planned tasks are accomplished by the community.
Tasks, Steps, and Deliverables (in chronological order): The plarming project will be
accomplished in two phases. Phase I is described here for background purposes only and is not part of
to'1is grant proposal. It is an already-funded effort to'1at is currently in progress. Phase I provides a
baseline GIS-based assessment of the current state of the city's pedestrian transportation infrastructure
and preliminary cost estimates from the perspective of elementary school attendance boundaries. City
departments and t.'1e City Council will receive a full presentation of the infrastructure maps and
estimated cost estimates for missing sidewalks~ curbs, gutters~ ADA ped ramps, pavement and cross
gutters, and other deficiencies. In addition, Phase I wilj provide City Council with a fiscal analysis of
current policy challenges; current prioritization criteria aIld potential new considerations; current
fiLT'lding availability and allocations~ alternate applications of current revenue; and potential new
revenue sources. Comments, concerns, and other feedback from the initial presentations will be
incorporated into the analyses. Alignment of the proposed improvements with the principles or smart
growth and sustainability will be emphasized throughout all phases of the project.
3
5-6
South Bay Partnership and other community-based orgarJizations listed above will be presented
",~th the baseline rechnical report of missing pedestrian and other facilities, and an inter-group/city
dialogue initiated. Over the neAl several months, the process will generate valuable input, to be
discussed and irlcorporated into the design and protocols for Phase II planning. These steps will be
accomplished by June 2007.
Phase II, which is the subject of this grant proposal, marks the beginning of community
engagement in the transportation planning process. Tne now mice-improved infrastructure reports
,,111 be presented at community meetings facilitated by the South Bay Partnership. Community
meetings will be held at each of the city's 36 neighborhood elementary schools. Residents will review
Ii'!e full range' of infrastructure needs and share thoughts regarding priorities in their neighborhoods
given L!-,e overwhelnllng needs and limited funding availability. The goal is to hear what missing
infrastructure feels like to the people who live in the area and whose children are trying to walk to
school. This will allow the City Council to consider how the community views and prioritizes missing
sidewalks and other deficiencies as the City Council wor,ks through the tough financial decisions
associated with infras1.1,Jcture management choices. These meetings would also explore community
reaction to funding alternatives. Input from these meetings will help form L'!e framework for creating
mutually agreed upon protocols for the next infrastrlicrure assessment step. Using the protocols, the
South Bay Partnership wi.ll next work with the city and each of the 36 neighborhoods to complete a
series of detailed neighborhood walking audits. Data from the audits, together with the GIS irrventory,
t.he community meetings, and lessons learned, will ultimately provide L!-,e basis for sOlllld, responsive
citywide planning eff6rts. This commuIrity outreach component "ill be the most far-reaching step of
the project and is scheduled for completion by February 2008.
From February 2008 Ii'lrough May 2008, city staff works "ith the South Bay Partnership to
collect and analyze Ii"e considerable a.'!lOllllt of data from the community outreach activities,
incorporates the neW findings into an updated report and cost estimates, to be presented to city
4
5-7
departments and the City Council. The report will also irlcorporate updated recommendations
regardi.'1g potential policy revisions: prioritization criteria and potential new considerations; fundi.,g
avaiiability a..'1d allocations; alternate application of current revenue and potential new revenue sources
based on community input. By June 2008, city project management staff will receive City Council
direction and feedback with regard to finalization f)f priority lists, refined project estimates, and
implementation of revenue strategies.
In the project's final step, the city would again work closely with the South Bay Partnership to
return to the community for final community-level meetings to review and comment on tbe pedestrian
infrastructure priority list and other key aspects of the project. The additional commuluty feedback
will be incorporated before publication of the final report and presentation to City Council and the
public by December 2008.
. This planning project develops informatif)n and methods that would be beneficial to other
California communities experiencing the same growth pressures as Chula Vista and alSD are
cO!I'.nUtted to community-directed prioritization playing a major role in transportation planning. This
study could serve as a case study for other regions and ma..\::e efficient use of future planning funds by
having made initial pr~gress in these areas.
IJustification for the Planning Project - Describe the transportation issue or need. Explain how the
,proposal meets or relates to the Conununity-Based Transportation Planning Grant Program's Purpose and
. Specific Objectives.
Begin typing here:
Transportation issue: New development and community revitalization Issues in older sections of
Chula Vista include abroad array of highly interrelated transportation, infrastructure, and land use
factors. Today's infrastructure - particularly in older pre-smart growth neighborhoods - '.'fill not
support the city's estimated growth, which is projected to reach approximately 280,000 by the year
2030. The City Council frequently receives competh,g requests from t.oe public for local
infrasuucture improvements. An overwhelming proportion of the citizen requests directly correlate
5
5-8
with the City Council's desire to ensure safe routes to schools, Public ifu"rastructure and land use
patterns in neighborhoods near schools strongly influence the health and safety of our school children,
They influence neighborhood walkability, pedestrian and bicyclist safety, traffic circulation patterns
and speeds, public tral1sit systems, multimodal cboices, and commUI'ity cha.racter and pride.
Currently, missing sidewalks, curb and gutter are estimated at $132 million, far in excess of
available resources to provide them. However, the city believes that the answer to finding a
comprehensive and balanced approach to addressing local transportation planning needs and funding
priorities lies with.iJl its comHlUnities. The proposed approach considers the issues within the scope of
pedestrian routes to elementary schools. It engages the community by using local schools as the focal
point for a major multi-tiered work progran1 to: (1) inventory and assess pedestrian infrastructuJe near
schools; (2) ,pitiate a comprehensive community-based specific transportation planning effort; (3)
prioritize infrastructure needs and deficiencies near schools; (4) establish a citywide infrastructure
management ptogram; and (5) develop and implement traffic-calming and other pedestriaI1-friendly
practices.
Community-based purpose and objectives: A.s proposed, th.is multi-disciplinary project would
directly acrueve the purpose and objectives of the program, specifically:
The project not only encourages commuluty involvement and partnersh.ip, but is structured so
that community involvement helps form the basic foundation for meaningful, well-targeted
project outcomes
More livable commUI'Jties are inevitably achieved by providing the highest priority pedestrian
facilities near schools
ProraotioD of strong and healthy communities by improving walkability and improved bike
routes for children
6
5-9
The project is a good example of efficient transportation planning that will provide more
pedestrian facilities near schools, reduce vehide trips, and improve air quality
The project promotes walkability and bike-friendly routes near schools - a healthy, safe
context sensitive concept that fosters and encourages non-motorized transportation
! Public Participation - Describe how the public and other potential stakeholders will be utilized or invited
I to participate throughout the project.
Begin typing here:
Every developmental stage of Phase II incorporates a three-level outreach/feedback loop approach.
First presentation to Cirj departments, then organized stakeholder groups such as the South Bay
Partnership and finally commu11ity-at-Iarge \vith all input incorporated to ensure context sensitive
progress toward a final recommendation to the City Council for action. Residents -will cooperate as
partners wiL'1 the City of Chula Vista and with the South Bay Partnership during the planning of this
collaborative project to ensure its success and responsiveness to commmlity needs.
Public participation will be a critical component of the planning process. A senes of
community workshops will be held with the South Bay Partnership, Northwest Civic Association, the
Third Avenue Village Association (TAVA), the Southwest Chula Vista Civic Association, the
Environmental Health Coalition, Crossroads, local schools and school districts, and other interested
groups and residents invited to take part in the planning process. The optimal workshop participation
would involve 25-40 people. and will be facilitated by South Bay Pfu'lilership and a city project team
consisting of city transportation planning and engineering staff and community development staff.
Workshops -will be designed to present preliminary [mdings to the cotIunuDity at critical decisioIl
points in the planning, The goal of this level of community involvement is to ensure that adequate
community input is incorporated at each phase of the process from those who will actually be most
affected. COITLlnunity involvement at critical decision points and throughout the process will greatly
advantage the project, ensuring responsive &'1d high-quality outcomes. The workshops w'ill also
ensure community ownership ofproject outcomes and the eventual implementation of the priorities.
7
5-10
Transportation Planning Grant Goals - Demonstrate how the proposal addresses one or more of the
Caltrans Transport2.tion Planning Grant Goals listed on Page 2.
Begin typing here:
The main goals addressed through this project are (I) smart multimodal community-based
transport2.tion planning that results in reduced vehicle trips and improved air quality by integrating
infrastructure priority-setting into active local communities; (2) healthy, safe context sensitive
transportation facilities planning that improves walkability and bike-friendly routes in the
cornmunities sun-ounding scho~ls; (3) increased resource efficiency through conservation by reducing
the need for automobile trips; which also relates to (4) safe and healthy cOrP.munities and (5) improved
pedestrian and bicycle mobility and access; (6) public and stakeholder participation are key elements
of the project as described above; a.'ld (7) reducing air pollution and (8) energy conservation are
implied in that this project ",ill focus on providing convenient and attractive alternatives to multiple
daily car trips.
Project Outcomes - Describe how the interim and fmal products will be carried forward to the next stage
of the project development process.
Begin typing here:
Interim and Final Products: Interim products include the community-based transport2.tion
assessment protocols, walking audits, interim reports and final report. These are described in greater
detail iIt "Tasks, Steps, and Deliverables" above. Public meetings and meeting materials including
PowerPoint presentations also will be produced. The final report ",ill be produced and available for
other jurisdictions interested in using this work as a basis for similar services. The next stage of the
development process will use the final report as a City Council-adopted master-plarII'ing tool to
implement the transportation improvements, school zone by school zone, according to community
priorities.
City staff has worked closely with the South Bay Partnership (Healthy Eating, Active
Communities; and Walk San Diego) on other projects over t.1"e years and win continue to work
cooperatively on this plannL'1g srudy. Regular working group meetings will be conducted to ensure
8
5-11
issues are dealt with 1.!1 a timely manner and brought to Caltrans attention if necessary. Through this
regular interaction between city sta..if and the South Bay Partnership, the working group will determme
if major adjustments need to be made to the scope of work m order to complete each work task and the
overall objectives of the project and report those to Caltrans The city project team win prepare
quarterly progress reports to Caltrans for this project, as is the case with previous grant programs
admmistered by Caltrans.
9
5-12
T" the best "r my kn"wledge, aU informati"n c"ntained in this pr"posal is true and correct.
~uA d!;JvuUC-U-{_
Signature of Authorized Official (Applicant)
Leah Browder
Print Name
Act
ngineering
October 12, 2006
Dale
Dire~torr SOllth RRY P~r~nprship
Title
10
5-13
City of Chula Vista - Kids Walk & Bike to School Phase II Planning Project
Scope of Work.
Task 1 Working Group
Staff from the city and the South Bay Partnership ",ill organize a project working group for this
project. Results from Phase ] of the project will be reviewed and disseminated to participating
community groups and city departments. A consultant may be hired to conduct certain technical and
reporting tasks of the project.
}~~y:~~~>~~ftif~~;i!fu~~{fJ~:::~jE::$1~~f~~~~~i~QijJ1m~~~~%~~F\~~f~i~f~~{~~%t;1llitill~~"t~~~
Working Group Meetin~s I Agendas and materials for each meeting
Project Consultant (if anv) I Procurement Drocess and contract
Task 2 Public Outreacl>/Community Input Workshops
Tbe South Bay Partnership team will facilitate a series of one or more community workshops at each
of the city's 36 elementary schools, inviting both residents and community groups. Workshops will
aim to familiarize the cormnunity with walkability and other transportation concepts and the available
resOurces for improvements. Residents will be asked to provide input with regard to (I) assessment
protocols for walk audits, (2) neighborbood transportation issues, and (3) infrastructure priorities.
f:ilU~~1?lll~~~~~~~~2}~~~if~N~~~i~}~~~>i~~~o~~~fj:~~~i~~~~~i~]ffi~{A3~X~d:]~~~~
Commuruty-Based Assessment Protocols for Agendas, materials and PowerPoint
Walk Audits . presentations.
Summary of issues and Comments included III interim reDort
COIT'illlunity-based Priority List I WorKshop a.Il1"'l.ouncements, materials,
attendance numbers and feedback.
Task 3 Walk Audits
Using mutually agreed upon protocols, the SouLI, Bay Par-illerspjp "ill facilitate the completion of
detailed neighborhood walk audits with eacb ofL..,e 36 school zones.
8~~~1i$~;~+%p~if:~-i~1:~~1i~~{ ~munematl~~1~,f;}~~~5r~;~t~~~~~:bT~~~~~7~~~1fig~~.
Walk Audits for 36 school zones
Schedules, timesheets, maps, completed audit forms,
boto a hs, and other data collection materials
Task 4 Analysis of Findings
Cit'j staff will work 'With the South Bay Parmership to analyze and summarize data from the walk
audits, community meetings, to'!e existing GIS inventory of infrastructure deficits, fiscal data, and
lessons learned, to create a comprehensive draft master planpjng report to be presented to city
departments and the City Council for direction and feedback,
!~~'eg~e~::~~~~~f$ffi.~t~~:f(.r~~~$~~ ~p~~~~~~t{~~1i~~~~~~1~1~~~~~;J,~w~~~!jf;Ji~;~]%~.!~~,~;~j
Draft master planning report
Technical report summarizing cornmunity-proposed
priorities, potential policy revisions, funding
availability a,'1d allocations, etc.
11
,_ . ___..._ __ _____n_ _
5-14
Task 5 Interim Report
City staff will work with City Council to incorporate Council direction, including fmalization of
priority lists, refinement of project estimates, and implementation of revenue strateilies,
~~~@~E~;~j;;:~;:HE~;4~~~*~~~flllf6~~f[J.~~:~~j!f~r~~}~~l?t~1~~~Jl&~~W{g~~
Interim report I Council workshop agendas, draft report~ presentation
materials
Task 6 Final Community Meetings and Report
City staff will work 1Nith the South Bay Partnership to return to the commupJty for a final series of
community-level meetings to receive comments On the interim report's pedestrian infrastructure
priority list and other key aspects of the project The additional community input will be incorporated
before publication of the final report and presentation to City Council for adoption.
[])eity,~~:Sll:~~~:t~{s~~_~~~~~~j~*~ ~ttum~I~7~1~L~~~~~~}t~~~J.i~i,~~]1~~~g~~s~~mtrfi~~~~iW:]~[t
Final cODh-nunitvmeetings Agendas, draft renorts, presentation materials
I Final report TecbrJcal report on strategies, resources~ and priorities for
creating walkable neighborhoods. The final report will
inel ude a phasing plan for implementation and "ill indicate
how facilities should be phased to coordinate with (1)
planned and potential land uses and (2) existing facilities.
Each pbase will indicate wbat lS required in terms of capital,
const:ruction~ service plan, and how the various components
will be built UD to achieve full implementation.
BUDGET/COSTS
Responsible . . .
Cate<iories 'Partv . Giallt"C:ost Match Tot,,]
! City project
1. Working Group i manager, South $ 3,900 i $ 3,900 $ 7,800
Bay Partnershio
\ 2. Public Sout,1o Bay
Outreach/Community Partnership, city 136,200 0 13 6,200
Input W orksboDs Dmject team I
I South Bay . 01
3. Walk Audits 36,700 36,700
PartnershiD I
4. Analysis of I City project team 30,000 30,000 I 60,000
Findings
5. Interim reDort Citv Dmiecl team 0 11,300 11,300
6. Final Cotnmunity City project
Meetings and Report tearn"South Bay 34,800 15,200 50,000
Partnership
. I TOTALS Is 241,600 $ 60,400 I $ 302,000
12
5-15
California Department of Transportation
Transportation Planning Grants
Fiscal Year 2007-2008
PROJECT TlMELlNE
U1
I
-'
m
tedfcirEnviioniil$ijtaF,Jij$ti~~i:CQtit!'fx't1$ili1sl tNrrAlaiiilifiaai!'dCdi111J1tifi itv}Bil$eli'Trifri!;ifOf1i'itlpn'B( ann; rfCi.iJ.JJpl'c;~tioii's:;OiiIv(: .',::
~alk & Bike to School - Phase 1\ I Grantee ICity of Chula Vista
C;;;,;",;, ';;i' i.'. ~ FW~aIW ,,"i,2007 (00 )i!!~F,y{itJooitJij!(,U' ,!'; ,:( I
Responsible Party Total Cost Grant $ Local $ In-kind $ Other$ SOND FM MJJ SOND FM MJ Oeliverables --
"
Caltrnns $ 1 ~....
--- --- ,- -- -- - -
Caltraos!Q!Y Council $ - Caltrans~ contract
sseminate Phase I City project learn/SBP. $ 7,80 $ 3,90< $( $3,90( $( -184 Workln9 group meellngs
Icnls
, , -;.'j , Community-based assessment
$ 136,20 $( $1 \~j ;: 1/, protocols for walk audits; summary of
". , Issues & comments; CO/llffiUnlly-
'( '\l i ,
lOpS SSP $ 136,20 $ -- '.']"'" base9~.~~ list
- ~- - -
$( $0 ~ ,,~ Completed walk audits for 36 school
SBPfWalk San Dj~ $ 36,70r $ 36,70 $r ..,,:,
-~ --- . ones
ann\nn fe~or\ Citv ",oleelleam $ 60,001 $ 30,001 $30,00' $( $1 ~! .}~ ~ ir Draft maslerplanni~~rt
" - - - --
estimates guroieclleam & Council $ 11,30 $ 1 $ $11,3OC $1 Interim report
5, 1-'---- , - -------
195; CllylS8P $ 47,50( $ 34,80 $( $'12,70C $( ~ ,;!: ;!: Final community meetings;
" , nnall€p0l1
- -"
- --
City project team $ 2,501 $ 0 $2,500 $0 ~dDpled plan ready for
eolian " imDlementalion
~liJ"'"J)"'"' m~',:::i! iii$1i3'1J2;1J1J[ :"!$1$ii;60ii "$'~IJ,Qili ':';$31J;40
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5-18
Kids Walk & Bike to School- Phase II Planning Project
Attachment 1- Project Team
City of Chula Vista Proiect Team
Project Manager: Deputy Director of Engineering
Engineering Department (transportation planning, mapping/schematics, fiscal data)
General Services Department (engineering design)
Public Works Operations Depanment (engineering inspection and ongoing maintenance)
Planning Department (specific planning, pedestrian focus and future policy considerations)
Community Development Department (economic oevelopment, community revitalization)
South Bav Partnership Team
Director. South Bay Partnership
l-Jeaithy Eating. Active Communities (HEAC) (community meetings facilitation)
Walk San Diego (walk audits)
Other Community Organizations
Southwest Chula Vista Civic Association
Northwest Civic Association
Environmentar Health Coalition
Crossroads
Schools. school districts, parent-faculty associations
Homeowners associations
5-19
f\ \outh Bay
POrtnersh!p
2.0;00 EAsT F:Jurrr:", ST.
NATlO:-<iU. Cr.y
Cillf":JR:.I....
91950-20:;>9
(6-;9) 472-'160;
~ (Ommunilj' lol\ohuld\ian ~irnfd ollmpminq
hfdllt, ana wrll-b1inq in Soulh ffqion or S~n Di~~c
October 11, 2006
Mayor Stephen C. Padilia
City of Chula Vista
276 Fourth A venue
Chuia Vista, CA 919 i 0
RE: SUDDort for "Kids Walk and Bike tn School - Phase IT'
Dear Mayor Padilla,
The South Bay Partnership, a multiwlevel coalition focused on irnpro\.ing the health and quality oflife
of residents Lfu-oughout the South Region of San Diego County since 1996, supports the City Chuia
Vista's efforts in applying for a Califomia Department of Trans po nation Community-Based Planning
grant. The grant ""ill help promote a strong and healthy community in Chula Vista by supporting
innovative approaches to providing children and their families v...ith easily accessible and highly
efficient i.TaJ.1.sportation options.
The proposed pia.'1I1ing project would be conducted in coordi.:,ation wit.lJ. the Soutb Bay Pa..rmership' s
Healthy Eating, Active Communities (HEAC) initiative and key partner organizations, like Walk San
Diego (\VSD). The HEAC initiative and \VSD offer an expertise in community-focused public health.
related to the build e.nvironment and commuruty design1 Their innovative approach has a special
emphasis on designing physical activity environments that are also pedestrian a.:.'1d bicycle-friendly.
The intent of our unique collaboration related to this project is to learn about infrastructure needs
surrounding each of the city"s elementary schools, through the lens of the stakeholders and resident
groups. Our successful collaboration vrill produce a s.eries of comprehensive walking audits Lqat could
L~en be used as the framework for well-targeted infrastructure plaItning.
In recent years, the City of Chula Vista has worked closely v.,rith other expert entities such as Caltrans
and the San Diego Association of Governments (SAA'DAG), to align infrastrucrure development \vlth
smarr groVl1h principles, \vhicn encourage and promote walkabiiity and bike friendly routes near
schools. \)y'e applaud the City"s efforts to work closely with HEAC and WSD in pmviding a
comprehensive system of \valkable corridors, whicb in turn will promote healthy lifesryles and reduce
childhood obesity.
V.,,'e feel that t.i:1is project will not only sef\'e as a model for localized, child-focused transportation
planning for other communities throughout the State, but ",rill provide immeasurable benefits to the
families living in this communirr.
~]0~n-
DIrector
F,'::!JSiJ i-:\ ;;.;E CU\,:~n uF ~,'.'"- [ll!:(,':';
HL~L--:-c; _\.~;~; !-'!'."~l."', ''::H\'jC:=~~~,~p.:t:\"_~l. :<H(\L "'-Ifl c.l!1\'-C. "'-l'I/\"lCL"
5-20
RESOLUTfON NO. 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND W4LKSANDiEGO IN THE
AMOUNT OF $194,310 TO ANALYZE WALKABlLlTY
SURROUNDiNG ALL PUBliC ELEMENTARY SCHOOLS
WITHIN THE CITY OF CHULA VISTA EXCEPT ALLEN
SCHOOL, CHULA VISTA HiLLS, HALECREST, HILLTOP,
LAUDERBACH, MONTGOMERY, SALT CREEK, AND VISTA
SQUARE ELEMENTARY SCHOOLS
WHEREAS, City staff applied for a community based transportation planning grant in
the amount of 5241 ,600 tor the Kids Walk & Bike to School Phase II Planning Project \V ith the
State ot'Califot11ia Department of Transportation (Caltrans) on October 12,2006; and
WHEREAS, Caltrans awarded the grant in the amount of $241,600 to the City on
September 28,2007; and
WH ERE AS, on .January 8, 200S, the City Council, pursuant to Resolutions No. 2008-
OOJ. No. 2008-004, No 2008-005, No. 2008-006, and No. 2008-007 accepted the grant funds,
established el new Capital Improvement Project (TFJ62), transferred $60,400 in existing funds
from TFJ45 to TFJ62, and appropriated 5241,600 in grant funds to TF362; and
WHEREAS, staff included the tasks of gathering data from residents living across the
entire City through community meetings and walk audits regarding missing or desired pedestrian
related t:'lcilities as part of the application for the Kids Walk and Bike to School grant; and
WHEREAS, WalkSanDiego shall organize and facilitate walk audit workshops elt thirty-
three elementary schools in Clmla Vista pursuant to the proposed agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista
that it approves an agreement between the City of Chula Vista and WalkSanDiego in the amoLlnt
of 5 194,31 0 to analyze walkability slmounding all public elementary schools within the City of
Chula Vista except Allen School, Chula Vista Hills, Halecrest, Hilltop, Lauclerbach,
Montgomery, Salt Creek, and Vista Square Elementary Schools.
Presented by
Approved as to form by
Richard A. Hopkins
Director of Engineering
J-1 . /1 /' . ....J _
;"-c /t~o,-" //t/(.~A:.~---v/C1j ./{~I'-.-/-
Bart Miesfeld U
interim City Attorney
5-21
RESOLUTION NO. 2008-
RESOLUTION OF THE CiTY COUNCrL OF THE CrTY OF
CHULA ViSTA APPROVING AN AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND W4LKSAJ'..'1)lEGO iN THE
AMOUNT OF 5194,310 TO ANALYZE WALKABrLITY
SURROUNDlNG LAUDERBACH AND MONTGOMERY
ELEMENTARY SCHOOLS
WHEREAS, City staff applied for a community based transportation planning grant in
the amount of $241,600 for the Kids Walk & Bike to School Phase [l Planning Project with the
State of Cali fomi a Department of Transportation (Caltrans) on October 12,2006; and
WHEREAS, Caltrans awarded the grant in the amount of S241,600 to the City on
September 28. 2007; and
WHEREAS, on January 8, 2008, the City Council, pursuant to Resolutions No. 2008-
orn. No 2008-004, No. 2008-005, No. 2008-006, and No. 2008-007 accepted the grant funds,
established a new Capital Improvement Project (TF362), transfen'ed $60,400 in existing funds
li'om TF345 to TF362, and appropriated $241,600 in grant funds to TF362; and
WHEREAS, staff included the tasks of gathering data from residents living across the
entire City through community meetings and walk audits regarding missing or desired pedestrian
related t~lcilities as parr of the application for the Kids Walk and Bike to School grant; and
WHEREAS, WulkSanDiego shall organize and facilitate walk audit workshops at thiliy-
three elementary schools in Chula Vista pursuant to the proposed agreement.
NOW, THEREFORE, BE iT RESOLVED by the City Council of the City of Cl1Llla Vista
that it appmves an agreement between the City of Chula Vista and WalkSanDiego in the amount
01' 5194.310 to analyze walkability slll'rounding Lauderbach and Montgomery Elementary
schools.
Presented by
Approved as to f01111 by
Richard A Hopkins
Director of Engineenng
~. A A f
/ ~.' /.-
~ ~?~ {J~/1.ji.'..-O--CV't::
Bart Miesfeld
interim City Attomey
.+-,-
{/
5-22
RESOLUTION NO. 200S-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND WALKSANDIEGO IN THE
AMOUNT OF $194,3 10 TO. ANALYZE WALKABILITY
SURROUNDING ALLEN SCHOOL, CHULA VISTA HILLS,
AND SALT CREEK ELEMENTARY SCHOOLS
WHEREAS, City staff applied for a community based transportation planning grant in
the amount of $24 I ,600 for the Kids Walk & Bike to School Phase II Planning Project with the
State of Cali fomi a Department of Trans porta tion (Caltrans) on October 12, 2006; and
WHEREAS. Caltrans awarded the grant in the amount of $241,600 to the City on
September 2S. 2007; and
WHEREAS, on January S, 200S, the City Council, pursuant to Resolutions No. 200S-
003. No. 200S-004, No 200S-005. No. 200S-006, and No 200S-007 accepted the grant funds,
established a new Capital improvement Project (TF362), transfelTed $60,400 in existing funds
from TF345 to TF362, and appropriated S241 ,600 in grant funds to TF362; and
WHEREAS, staff included the tasks of gathering data from residents living across the
entire City through community meetings and walk audits regarding missing or desired pedestrian
related facilities as part of the application for tlle Kids Walk and Bike to School grant; and
WHEREAS, WalkSanDiego shall organize and facilitate walk audit workshops at thirty-
three elementary schools in Chula Vista pursuant to the proposed agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista
that it approves an agreement between the City of Chula Vista and WalkSanDiego in the amount
of $ I 94.3 10 to analyze walkability surrounding Allen School, Chula Vista Hills, and Salt Creek
Elementary Schools.
Presented by
Approved as to form by
Richard A Hopkins
Director of Engineering
j
--/:,7 .1 / ~
(t~ /( ~",..a--cvC"
Bart Miesfeld -
Interim City Attorney
~
U
5-23
RESOLUTION NO. 2008-
RESOLUTION OF THE ClTY COUNCiL OF THE CITY OF
CHULA VISTA APPROVfNG AN AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND WALKSANDrEGO iN THE
AMOUNT OF $194.310 TO ANALYZE WALK..A.BiLITY
SURROUNDrNG HILLTOP AND VISTA SQUARE
ELEMENTARY SCHOOLS
WHEREAS, City staff applied for a community based transportation planning grant in
the amount of $241 ,GOO for the Kids Walk & Bike to School Phase fI Planning Project with the
State of Cali fomi a Department of Transportation (Caltrans) on October 12,2006; and
WHEREAS, Caltrans awarded the grant in the amount of $24l,GOO to the City on
September 28,2007; and
WHEREAS, on Jal1Llary 8, 2008, the City Council, pursuant to Resolutions No. 2008-
003, No 2008-004, No 2008-005, No. 2008-00G, and No. 2008-007 accepted the grant funds,
established a new Capital improvement Project (TF362), transferred $G0,400 in existing funds
t'rom TF345 to TF3G2, and appropriated $241 ,GOO in grant funds to TF362; and
WHEREAS, staft' included the tasks of gathering data from residents living across the
entire City through community meetings and walk audits regarding missing or desired pedestrian
related t'lCilities as part of the application for the Kids Walk and Bike to School grant; and
WHEREAS. WalkSanDiego shall organize and facilitate walk audit workshops at thiliy-
three elementary schools in Chula Vista pursuant to the proposed agreement.
NOW, THEREFORE, BE fT RESOLVED by the City Council of the City ofChula Vista
that it approves an agreement between the City of Chula Vista and WalkSanDiego in the amount
01' S 194Jl 0 to analyze walkability surrounding Hilltop and Vista Squat'e Elementary Schools.
Presented by
Approved as to fom1 by
Richard A Hopkins
Director 01' Engineering
'-~~
Bart Miesfeld
Interim City Attomey
() /)1 /
/ c.../lA.,. ~'to - _<iC'----"
L'
5-24
RESOLUTION NO. 2008-
RESOLUTION OF THE C[TY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND WALKSAi\'DIEGO IN THE
AMOlJNT OF $194,310 TO ANALYZE W ALKABILlTY
SURROUNDli\G HALECREST ELEMENTARY SCHOOL
WHEREAS, City staff applied for a community based transportation planning grant in
the amount 01' $24 [,600 for the Kids Walk & Bike to School Phase [[ PLuming Project with the
State of Cali fomi a Department of Transportation (Caltrans) on October 12,2006; and
WHEREAS, Caltrans awarded the grant in the amount of $241,600 to the City on
September 28, 2007; and
WHEREAS, on January 8, 2008, the City Council, pursuant to Resolutions No. 2008-
003, No. 2008-004, No. 2008-005, No. 2008-006, and No. 2008-007 accepted the grant funds,
established a new Capital Improvement Project (TF362), transfetTed $60,400 in existing funds
r"clill TF345 to TF362, and appropriated $24 [,600 in grant funds to TF362; and
WHEREAS, staff included the tasks of gathering data from residents living across the
entire City through community meetings and walk audits regarding missing or desired pedestrian
related facilities as pati of the application for the Kids vValk and Bike to School gmnt; and
WHEREAS, WalkSanDiego shall organize and lacilitate walk audit workshops at thirty-
three elementary schools in Chula Vista pursuant to the proposed agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista
that it approves an agreement between the City of Chula Vista and WalkSanDiego in the amount
01' $194,3 10 to analyze walkability smrounding Halecrest Elementary School.
Presented by
Approved as to for111 by
Richard A. Hopkins
Director of Engineering
j.'J /I
IvU~ (4
Ban Miesfeld
Interim City Attorney
/1 ,
A,DA--;& Z;-TJ"'-
5-25
THE ATTACHED AGREEMENT HAS BEEN REVIE'vVC:D
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
. .q
i'~Lc, t~ ~~~ .~
Bart C. Miesfeld U
Interim City Attorney
Dated:
9//7/o~
I t
Agreement between the City of Chula Vista and
Walk San Diego for
Transportation Planning Servic~s Related to a
Community-Based Planning Grant
5-26
/)
ATTACHMENT_ ;<.../
Parties and Recital Page( s)
Agreement between
City of Chula Vista
and
Walk San Diego
For Transportation Planning Services Related to a Community-Based Transportation Planning
Grant
This agreement ("Agreement"), dated for the purposes of reference
only, and effective as of the date last executed unless another date is otherwise specified in
Exhibit A, Paragraph 1, is between the City-related entity as is indicated on Exhibit A,
Paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, Paragraph 3, and
the entity indicated on the attached Exhibit A, Paragraph 4, as Consultant, whose business form
is set forth on Exhibit A, Paragraph 5, and whose place of business and telephone numbers are
set forth on Exhibit A, Paragraph 6 ("Consultant"), and is made with reference to the following
facts:
Recitals
WHEREAS City staff applied for a Community Based Transportation Planning grant in
the amount of$241,600 for the Kids Walk & Bike to School Phase II Planning Project
with the State of California Department of Transportation Caltrans on October 12, 2006; and
WHEREAS the program described in the grant application is to gather data from residents
living across the entire City through community meetings and walking audits regarding missing
or desired pedestrian related facilities within residential communities; and
WHEREAS Caltrans awarded the grant to the City of Chula Vista on September 25,2007;
and
WHEREAS the grant program is to be a coordinated effort between the City of Chula Vista
and Walk San Diego ("Consultant"), a local grassroots, non-profit organization focused on
improving walkability throughout the region; and
\Vhereas, Consultant warrants and represents that they are experienced and staffed in a
manner such that they are and can prepare and deliver the services required of Consultant to City
within the time frames herein provided all in accordance with the terms and conditions of this
Agreement;
(End of Recitals. Next Page starts Obligatory Provisions.)
5-27
Page 1
Obligatory Provisions Pages
NOW, THEREFORE, BE IT RESOL VED that the City and Consultant do hereby mutually
agree as follows:
I. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7,
entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties", Consultant shall also
perform all of the services described in Exhibit A, Paragraph 8, entitled "Scope of Work and
Schedule", not inconsistent with the General Duties, according to, and within the time frames set
forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified'in Exhibit
A, Paragraph 8, within the time frames set forth therein, time being of the essence of this
agreement. The General Duties and the work and deliverables required in the Scope of Work and
Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined
Services by the times indicated does not, except at the option of the City, operate to terminate
this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from time to time reduce the
Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City
and Consultant agree to meet in good faith and confer for the purpose of negotiating a
corresponding reduction in the compensation associated with said reduction.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require Consultant
to perform additional consulting services related to the Defined Services (" Additional Services"),
and upon doing so in writing, if they are within the scope of services offered by Consultant,
Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate .
Schedule" in Exhibit A, Paragraph 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 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.
5-28
Page 2
F. Insurance
Consultant must procure insurance against claims for injuries to persons or damages to
property that may arise from or in connection with the performance of the work under the
contract and the results of that work by the Consultant, his agents, representatives, employees or
subcontractors and provide documentation of same prior to commencement of work. The
insurance must be maintained for the duration of the contract.
Minimum Scope of Insurance
Coverage must be at least as broad as:
(1) Insurance Services Office Commercial General Liability coverage (occurrence Form
CGOOO I).
(2) Insurance Services 'Office Form Number CA 0001 covering Automobile Liability.
(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:
I. General Liability:
(Including operations,
products and completed
operations, as applicable)
2. Automobile Liability:
3. Workers' Compensation
Employer's Liability:
4. Professional Liability or
Errors & Omissions
Liability:
$1,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability insurance
with a general aggregate limit is used, either the general
aggregate limit must apply separately to this project/location or
the general aggregate limit must be twice the required occurrence
limit.
$1,000,000 per accident for bodily injury and property damage.
Statutory
$1,000,000 each accident
$1,000,000 disease-policy limit
$1,000,000 disease-each employee
$1,000,000 each occurrence
Deductibles and Self-Insured Retentions
5-29
Page 3
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: .
(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 (ll/85) or its equivalent. Specifically, the endorsement
must not exclude Products/Completed Operations coverage.
(2) The Consultant's General Liability insurance coverage must be primary insurance as
it pertains to the City, its officers, officials, employees, agents, and volunteers. Any
insurance or self-insurance maintained by the City, its officers, officials, employees,
or volunteers is wholly separate from the insurance of the contractor and in no way
relieves the contractor from its responsibility to provide insurance.
(3) The insurance policy required by this clause must be endorsed to state that coverage
will not be canceled by either party, except after thirty (30) days' prior written notice
to the City by certified mail, return receipt requested.
(4) Coverage shall not extend to any indemnity coverage for the active negligence of the
additional insured in any case where an agreement to indemnifY the additional insured
would be invalid under Subdivision (b) of Section 2782 of the Civil Code.
(5) Consultant's insurer will provide a Waiver of Subrogation in favor of the City for
each required policy providing coverage during the life of this contract.
If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions
coverage are written on a claims-made form:
(1) The "Retro Date" must be shown, and must be before the date ofthe 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.
5-30
Page 4
(3) If coverage is canceled or non-renewed, and not replaced with another claims-made
policy fonn with a "Retro Date" prior to the contract effective date, the Consultant
must purchase "extended reporting" coverage for a minimum of five (5) years after
completion of contract work.
(4) A copy of the claims 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 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
(I) Performance Bond
In the event that Exhibit A, at Paragraph] 8, 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, httD://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
5-31
Page 5
amount is indicated in the space adjacent to the term, "Performance Bond", in said Exhibit A,
Paragraph 18.
(2) Letter of Credit
In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide
a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding
the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an
irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the
bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of
this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount
satisfactory to the Risk Manager or City Attorney which amount is indicated in the space
adjacent to the term, "Letter of Credit", in said Exhibit A, Paragraph 18.
(3) Other Security
In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide
security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the
parenthetical space immediately preceding the subparagraph entitled "Other Security"), then
Consultant shall provide to the City such other security therein listed in a form and amount
satisfactory to the Risk Manager or City Attorney.
H. Business License
Consultant agrees to obtain a business license from the City and to otherwise comply with
Title 5 of the Chula Vista Municipal Code.
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing the progress of the
Defined Services and Schedule therein contained, and to provide direction and guidance to
achieve the 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 understanding that delay in the provision of these materials beyond thirty (30)
days after authorization to proceed, sqall 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 ofthe 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
5-32
Page 6
"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 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 when the Parties have complied with all executory provisions
hereof.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A,
Paragraph 13.
It is acknowledged by both parties that time is of the essence in the completion of this
Agreement. It is difficult to estimate the amount of damages resulting from delay in
performance. The parties have used their judgment to arrive at a reasonable amount to
compensate for delay.
Failure to complete the Defined Services ",ithin 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
5-33
Page 7
If Consultant is designated on Exhibit A, Paragraph 14, as an "FPPC filer", Consultant is
deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report economic interests to the City Clerk on the required
Statement of Economic Interests in such reporting categories as are specified in Paragraph 14 of
Exhibit A, or if none are specified, then as determined by the City Attorney.
B. Decline to Participate
Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make,
or participate in making or in any way attempt to use Consultant's position to influence a
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 wartants and
represents that Consultant has diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations promulgated by the Fair Political
Practices Commission, and has determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with Consultant's duties under this
agreement.
D. Promise Not to Acquire Conflicting Interests
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants
and represents that Consultant will not acquire, obtain, or assume an economic interest during the
term of this Agreement which would constitute a conflict of interest as prohibited by the Fair
Political Practices Act.
E. Duty to Advise of Conflicting Interests
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants
and represents that Consultant will immediately advise the City Attorney of City if Consultant
learns of an economic interest of Consultant's that may result in a conflict of interest for the
purpose of the Fair Political Practices Act, and regulations promulgated thereunder.
F. Specific Warranties Against Economic Interests
Consultant warrants and represents that neither Consultant, nor Consultant's immediate
family members, nor Consultant's employees or agents ("Consultant Associates") presently have
any interest, directly or indirectly, whatsoever in any property which may be the subject matter
of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of
any property which may be the subject matter of the Defined Services, ("Prohibited [nterest"),
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
5-34
Page 8
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 such Prohibited Interest
\\iithin the Term of this Agreement, or for twelve months after the expiration of this Agreement,
except with the written permission of City.
Consultant may not conduct or solicit any business for any party to this Agreement, or for
any third party that may be in conflict with Consultant's responsibilities under this Agreement,
except with the written permission of City.
7. Hold Harmless
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability, cost and
expense (including without limitation attorneys fees) arising out of or alleged by third parties to
be the result of the negligent acts, errors or omissions or the willful misconduct of the
Consultant, and Consultant's employees, subcontractors or other persons, agencies or firms for
whom Consultant is legally responsible in connection with the execution of the work covered by
this Agreement, except only for those claims, damages, liability, costs and expenses (including
without limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of
the City, its officers, employees. Also covered is liability arising from, connected with, caused
by or claimed to be caused by the active or passive negligent acts or omissions of the City, its
agents, officers, or employees which may be in combination with the active or passive negligent
acts or omissions of the Consultant, its employees, agents or officers, or any third party.
With respect to losses arising from Consultant's professional errors or omissions, Consultant
shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers
and employees, from and against all claims for damages, liability, cost and expense (including
without limitation attorneys fees) except for those claims arising from the negligence or willful
misconduct of City, its officers or employees.
Consultant's indemnification shall include any and all costs, expenses, attorneys fees and
liability incurred by the City, its officers, agents or employees in defending against such claims,
whether the same proceed to judgment or not. Consultant's obligations under this Section shall
not be limited by any prior or subsequent declaration by the Consultant. Consultant's obligations
under this Section shall survive the termination of this Agreement.
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 officers, arising
5-35
Page 9
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 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) Indemnification for Professional Services.
As to the Consultant's professional obligation, work or services involving this Project,
the Consultant agrees to indemnify, defend and hold harmless the City, its agents, officers and
employees from and against any and all liability, claims, costs, and damages, including but not
limited to, attorneys fees, 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 liability for damages for death or bodily injury to
persons, injury to property, or other loss, arising from the sole 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, 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.
10. Termination of Agreement for Convenience of City
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Page 10
City may terminate this Agreement at any time and for any reason, by giving specific written
notice to Consultant of such termination and specifying the effective date thereof, at least thirty
(30) days before the effective date of such termination. In that event, all finished and unfinished
documents and other materials described hereinabove shall, at the option of the City, become
City's sole and exclusive property. If the Agreement is terminated by City as provided in this
paragraph, Consultant shall be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents and other materials to the effective date of such
termination. Consultant hereby expressly waives any and all claims for damages or
compensation arising under this Agreement except as set forth herein.
II. Assignability
The services of Consultant are personal to the City, and Consultant shall not assign any
interest in this Agreement, and shall not transfer any interest in the same (whether by assignment
or notation), without prior written consent of City.
City hereby consents to the assignment of the portions of the Defined Services identified in
Exhibit A, Paragraph 16 to the subconsultants identified thereat as "Permitted Subconsultants".
12. O,^,nership, 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
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Page II
No suit or arbitration shall be brought arising out of this agreement, against the City unless a
claim has first been presented in writing and filed with the City and acted upon by the City in
accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as
same may from time to time be amended, the provisions of which are incorporated by this
reference as if fully set forth herein, and such policies and procedures used by the City in the
implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City for the
purpose of resolving any dispute over the terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that the
prevailing party shall be entitled to a judgment against the other for an amount equal to
reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be
the party who is awarded substantially the relief sought.
16. Statement of Costs
In the event that Consultant prepares a report or document, or participates in the preparation
of a report or document in performing the Defined Services, Consultant shall include, or cause
the inclusion of, in said report or document, a statement of the numbers and cost in dollar
amounts of all contracts and subcontracts relating to the preparation of the report or document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have no authority to act as
City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 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.
5-38
Page 12
D. Entire Agreement
This Agreement, together with any other written docwnent referred to or contemplated
herein, embody the entire Agreement and understanding between the parties relating to the
subject matter hereof. Neither this Agreement nor any provision hereof may be amended,
modified, waived or discharged except by an instrwnent in writing executed by the party against
which enforcement of such amendment, waiver or discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the other party that it has
legal authority and capacity and direction from its principal to enter into this Agreement, and that
all resolutions or other actions have been taken so as to enable it to enter into this Agreement.
F. Governing Law/Venue
This Agreement shall be governed by and construed in accordance with the laws of the State
of California. Any action arising under or relating to this Agreement shall be brought only in the
federal or state courts located in San Diego County, State of 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.)
5-39
Page 13
ACKNOWLEDGMENT
State of California
County of
San Diego
On September 15, 2008 Before me, S.M. Okazaki, Notary Public
Personally appeared Kenneth Norman Grimes *****************************
who proved to me on the basis of satisfactory evidence to be the person0)whose name($1
is/~ subscribed to the within instrument and acknowledged to me that he/3/ic/1I1e'f
executed the same in his/hertt!ietr authorized capacity(~}, and that by his/herjtl,eir
signature~ on the instrument the person(M; or the entity upon behalf of which the
person~acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
Signature 1M ajil
(Seal)
~:i:~~~:1
i Nolcuy PublIc - CclIlotnla I
SOn Dtego County -
'__r__r~~~~l~~~.~
WITNESS my hand and official seal.
ADDITIONAL OPTIONAL INFORMATION
Parties and Recital Pages(s) Agreement between City of Chula Vista and
WalkSan Diego
Doc0r~Er'IT TITLE OR 6ESCRIPllON
DOCU"IE~IT DATE:
~~UMBER OF PAGES
--AdditicilaTTiiforiiiiit:on
: CAPACITY CLAiMED BY THE SiGNER..
INDIVIDUAL
CORPORATE OFFICER
PARTNER(S)
ATTORNEY. IN-FACT
T rustee( 5)
OTHER
Signature Page
to
Agreement between
City ofChula Vista
and
Walk San Diego
for Transportation Planning Services Related to a Community-Based Transportation Planning
Grant
IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby
indicating that they have read and understood same, and indicate their full and complete consent
to its terms:
Dated:
City ofChula Vista
By:
Cheryl Cox, Mayor
Attest:
Donna Norris, Interim City Clerk
Approved as to form:
Bart Miesfeld, Acting City Attorney
Dated:
Walk San Diego
By: ;:::~
Kenneth Grime',;, Executive Director
Exhibit List to Agreement
I) Exhibit A.
5-41
Page 14
Exhibit A
to
Agreement between
City of Chula Vista
and
Walk San Diego
I. Effective Date of Agreement:
September 24. 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 of
California
( ) Industrial Development Authority of the City ofChula Vista, a
( ) Other:
, a [insert business form]
3. Place of Business for City:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
4. Consultant:
Walk San Diego
740 13th Street, Suite 220
San Diego, CA 92101
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
( ) Corporation
(X) Non-profit 501(c)(3) organization
6. Place of Business, Telephone and Fax Number of Consultant:
740 13th Street, Suite 220
San Diego, CA 92101
Voice Phone: (619) 544-9255
Fax Phone: (619) 531-9255
5-42
Page 15
7. General Duties:
Consultant, in a coordinated effort with City staff, will attend and facilitate a series of
community meetings and walk audit workshops familiarizing residents and community groups
with pedestrian related transportation concepts such as walkability, in order to compile detailed
lists of transportation issues and improvement priorities specific to individual neighborhoods
across the City of Chula Vista.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
o
Working Group
The Consultant shall be responsible for organizing the project working group in partnership with
the City to prepare for and monitor project activities. The working group will include stafffrom
the City of Chula Vista, Chula Vista Community Collaborative, and the Chula Vista Elementary
School District, in addition to the Consultant.
Initial Community Meetings
The Consultant shall attend a minimum of one City-planned community meeting (i.e. events with
Southwest United in Action, Northwest Civic Association, the Third Avenue Village
Association, the Southwest Chula Vista Civic Association, and Crossroads) in each quadrant of
the City ofChula Vista (quadrant boundaries being the L Street! Telegraph Canyon Road! Otay
Lakes Road corridor and I-80S) with the primary purpose 'of increasing resident awareness of the
'walkability' concept and the 33 walk audit workshops planned as part of this project. In the
event no City-planned events are scheduled to occur within a timeframe that meets the needs of
this project, Consultant shall plan and facilitate Initial Community Meetings to satisfy the "one
community meeting per quadrant" requirement.
Consultant shall insure Initial Community Meeting announcements (for either City planned or
Consultant planned events) regarding each community meeting will not only be made to Chula
Vista residents, but to local community groups including, but not limited to, the Northwest Civic
Association, the Third Avenue Village Association (TA V A), the Southwest Chula Vista Civic
Association, the Environmental Health Coalition, and Crossroads. Copies of meeting materials
presented at such events along with attendance sheets shall be delivered to the City of Chula
Vista after each Initial Community Meeting is completed, along with a summary of any issues or
comments received from residents during each Initial Community Meeting.
Walk Audit Workshops
The Consultant shall be responsible for organizing and facilitating Walk Audit Workshops at 33
public elementary schools (see list below) currently open in the City of Chula Vista. Three
elementary schools have already received Walk Audit Workshops organized by the Consultant
(included in list below) and therefore do not need to be repeated, however, the data collected at
each of the three workshops will be included and analyzed while making final recommendations
resulting from the project.
5-43
Page 16
Elementary Schools to Recei ve Walk Audit Workshops
1) Allen
2) Arroyo Vista
3) Casillas
4) Castle Park
5) Chula Vista Hills
6) Clear View
7) Cook
8) Discovery
9) Eastlake
10) Feaster-Edison
11) Halecrest
12) Harborside (completed)
13) Hedenkamp
14) Heritage
15) Hilltop
16) Kellogg
17) Lauderbach
18) Liberty
19) Lorna Verde
20) Marshall
21) McMillin
22) Montgomery
23) Mueller
24) Olympic View
25) Otay (completed)
26) Palomar
27) Parkview
28) Rice (completed)
29) Rogers
30) Rohr
31) Rosebank
32) Salt Creek
33) Tiffany
34) Valle Lindo
35) Veterans
36) Vista Square
The primary purpose of the Walk Audit Workshop is to teach residents basic transportation
planning concepts primarily dealing with pedestrian safety so that they can assess their
neighborhoods and identify needed improvements. The Consultant shall also be responsible for
leading residents at each Walk Audit Workshop on a wall< audit in the school neighborhood,
facilitating a mapping session to document safety issues, and discussing how the information
gathered from neighborhood walk audit workshops will be used by the City to help prioritize
needed infrastructure improvements.
The order in which the Walk Audit Workshops are completed is left to the discretion of the
Consultant. The Consultant shall make efforts to coordinate with City staff to complete Walk
Audit Workshops in an order acceptable to City staff currently working on other pedestrian
related projects.
Consultant shall make announcements regarding each Walk Audit Workshop to Chula Vista
residents living within the attendance boundaries of each school, through the schools and local
community groups including, but not limited to, Crossroads, the Environmental Health Coalition,
the Northwest Civic Association, the Southwest Chula Vista Civic Association, and the Third
A venue Village Association (T A V A).
Copies of Walk Audit Workshop announcements, materials, attendance sheets, maps, and event
photographs, shall be delivered to the City ofChula Vista after each Walk Audit Workshop is
completed, along with a summary of community reponed issues with a focus on pedestrian
access, neighborhood transportation, and infrastructure deficits as prioritized by each community
during each Walk Audit Workshop.
5-44
Page 17
Analvsis and Findings
City staff shall analyze and summarize the findings from the Walk Audit Workshops with
assistance from the Consultant regarding recommended improvements, policy revisions, and
potential funding sources or grant opportunities available for pedestrian improvements. These
findings will be surnrilarized in a report and presented to City residents before being presented to
the City Council.
Final Community Meetings
The Consultant shall organize four Final Community Meetings after a draft "Analysis and
Findings" report has been completed (one meeting in each quadrant of the City, quadrant
boundaries being the L Street! Telegraph Canyon Road! Otay Lakes Road corridor and I-80S).
The primary purpose of the final community meeting is to present the draft "Analysis and
Findings" report and gather final input and opinions from residents regarding pedestrian facilities
and walkability within the City of Chula Vista.
Consultant shall make announcements regarding each Final Community Meeting to Chula Vista
residents through schools and local community groups including, but not limited to, Crossroads,
the Environmental Health Coalition, the Northwest Civic Association, the Southwest Chula Vista
Civic Association, and the Third Avenue Village Association (T A V A). Community input
received during the Final Community Meetings shall be summarized by Consultant and delivered
to the City after each meeting to be incorporated into the final report before publication and
. presentation to City Council.
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: Summaries of Walk Audit Workshops Previously Completed: Within
one month of Commencement of Consultant Services, Consultant shall submit to the City
meeting minutes and copies of previously conducted school walk audit workshop summaries for
Harborside, Otay, and Rice Elementary Schools.
Deliverable No.2: Initial Community Meetings: Within one month of any community
meeting attended, City planned or otherwise, Consultant shall submit to the City meeting
announcements, attendance sheets ofresidents that stopped to discuss pedestrian issues with the
Consultant, event photographs (electronically submitted), and a summary of community reported
pedestrian related issues discussed with residents during the meeting.
Deliverable No.3: Walk Audit Workshop Summaries: Within one month of each walk
audit workshop, Consultant shall submit to the City copies of walk audit workshop
announcements, materials, attendance sheets, missing infrastructure maps as edited by residents
5-45
Page 18
at the event, and event photographs (electronically submitted), along with a summary of
community reported issues, prioritized by each community during each walk audit workshop.
Deliverable No.4: Analysis and Findings: The Consultant shall work with City staff as
they analyze the data collected during the walk audit workshops, summarizing Consultant and
City recommendations in the form of a report for City Council. Consultant shall help City staff
make reasonable findings and recommendations regarding improvements needed, CIP projects
that should be created, pedestrian related policies in need of updating, and possible grant funding
opportunities available for pedestrian related improvements.
Deliverable No.5: Final Community Meetings: Within one month of each community
meeting, Consultant shall submit to the City meeting announcements, attendance sheets, event
photographs (electronically submitted), and a summary of the additional community input in
response to the interim report presented during the meeting.
D. Date for completion of all Consultant services: June 30, 2010
9. Materials Required to be Supplied by City to Consultant:
Infrastructure deficit maps for each school neighborhood (tabletop size), Pedestrian/bicycle crash
maps for each school neighborhood, and City contact list (e.g. departments, phone number,
reason to contact) for residents (English/Spanish).
10. Compensation:
A. ( ) Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant as herein required, City shall
pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set
forth below:
Single Fixed Fee Amount:
, payable as follows:
Milestone or Event or Deliverable
Amount or Percent of Fixed Fee
( ) 1. Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereunder shall be considered as interest
free loans that must be returned to the City if the Phase is not satisfactorily
completed. If the Phase is satisfactorily completed, the City shall receive credit
against the compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at the end of
the phase, the full retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in the sole and
5-46
Page 19
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 pay men I.
B. (X) 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
commence Services under any Phase, and shall not be entitled to the compensation for a Phase,
unless the City Administrator shall have issued a notice to proceed to Consultant as to said
Phase.
Phase Fee Per Deliverable Fee Per Phase
I. Summaries of Walk Audit $4,000 for data $4,000.00
Workshops Previously summaries of 3 previous
Completed walk audit workshops
2. Initial Community Meetings $2,500 per meeting (4 $10,000
total)
0 Walk Audit Workshops and $4,700.00 per Walk $155,100.00
J
Summaries Audit Workshop
Summaty (33 total)
4. Analysis and Findings $10,210 for Initial $10,210.00
Recommendations
5. Final Community Meetings $3,750.00 per Meeting $15,000.00
and Summary Report (4
total)
GRAND TOTAL $194,310.00
( ) I. 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 tor that
5-47
Page 20
phase. Percentage of completion of a phase shall be assessed in the sole and
lmfettered 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.
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 Arrangement
Notwithstanding the expenditure by Consultant of time and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant will perform all of
the Defined Services herein required of Consultant for $
including all Materials, and other "reimbursables" ("Maximum Compensation").
(2) ( ) Limitation without Further Authorization on Time and Materials Arrangement
At such time as Consultant shall have incurred time and materials equal to
("Authorization Limit"), Consultant shall not be entitled
to any additional compensation without further authorization issued in wTiting 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
Hourly Rate
$
$
$
$
$
( ) 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
5-48
Page 21
F or the cost of out of pocket expenses incurred by Consultant in the performance of services
herein required, City shall pay Consultant at the rates or amounts set forth below:
(X) None, the compensation includes all costs.
Cost or Rate
$
$
$
$
$
$
$
$
$
$
() Reports, not to exceed $
() Copies, not to exceed $
() Travel, not to exceed $
() Printing, not to exceed $
() Postage, not to exceed $
() Delivery, not to exceed $
() Long Distance Telephone Charges, not to exceed $
() Other Actual Identifiable Direct Costs:
, not to exceed $
, not to exceed $
12. Contract Administrators:
City: Muna Cuthbert, Senior Civil Engineer, Public Services Building, 276 Fourth Avenue,
Chula Vista, CA 91910, (619) 409-5804
Consultant: Kristin Mueller, WalkSanDiego, 740 13th Street, Suite 220, San Diego, CA
92101, (619) 544-9255
13. Liquidated Damages Rate:
( ) $ per day.
(X) Other: N/A
14. Statement of Economic Interests, Consultant Reporting Categories, per Conflict ofInterest
Code:
(X) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
( ) Category No. I. 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.
5-49
Page 22
( ) 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:
15. ( ) Consultant is Real Estate Broker and/or Salesman
16. Permitted Subconsultants:
Chula Vista Elementarv School District- Chula Vista Communitv Collaborative
1 7. B ill Processing:
A. Consultant's Billing to be submitted for the following period of time:
( ) Monthly
( ) Quarterly
(X) Other: _Deliverable percentage completed
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
5-50
Page 23
( ) 15th Day of each Month
( ) End of the Month
(X) Other: Based on deliverable percentage completed
C. City's Account Number: 24583620 (TF-362)
18. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
(X) Retention. If this space is checked, then notwithstanding other provisions to the contrary
requiring the payment of compensation to the Consultant sooner, the City shall be entitled
to retain, at their option, either the following "Retention Percentage" or "Retention
Amount" until the City determines that the Retention Release Event, listed below, has
occurred:
(X) Retention Percentage: 10%
( ) Retention Amount: $
Retention Release Event:
(X) Completion of All Consultant Services
( ) Other:
H:Attomey/2pty15
5-51
Page 24
CITY COUNCIL
AGENDA STATEMENT
~\~ CITY OF
~CHUlAVISTA
SEPTEMBER 23,2008, Iteml
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE PURCHASE OF
PRINTER TONER CARTRIDGES FROM CORPORATE
EXPRESS IMAGING AND COMPUTER GRAPHIC
SUPPLIES At'ID SERVICE At'ID THE PURCHASE OF
SERVICE AND MAINTENANCE OF CITY PRINTERS
FROM MWB BUSINESS SYSTEMS IN ACCORDAt"lCE
WITH TERMS AND CONDITIONS OF CITY OF CHULA
VISTA RFP 12-07/08REVl FOR A ONE YEAR TERM
BEGINNING OCTOBER I, 2008 AND ENDING
SEPTEMBER 30, 2009 AND, AUTHORIZING THE
PURCHASING AGENT TO APPROVE FIVE ONE-YEAR
EXTENSIONS OF THE TERM THROUGH SEPTEMBER 30,
2014
DIRECTOR OF F~CE/TREAS1JRE~
CITY MANAGE~7 7
4/STHS VOTE: YES D NO 0
SUMMARY
A request for proposal for printer toner cartridges and service and maintenance of printers
was advertised and posted electronically. The objective was to contract with vendors who
can provide quality, customer service and the best competitive pricing. Adoption of the
resolution will authorize two vendors to fulfill the City's printer toner cartridge requirements
and service and maintenance of priJ;1ters.
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)(2) of the State
CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA
Guidelines the activity is not subject to CEQA. Thus, no environmental review is
necessary.
6-1
SEPTEMBER 23, 2008
Item ---k-
Page 2 of3
RECOMMENDATION
Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
Request for Proposal l2-07/08Revl was advertised in the Star News and posted
electronically on PlanetBids. The objective ~as to contract with vendors who can
provide the quality and customer service the City requires, as well as best competitive
pricing. Vendors quoted on individual items based on estimated annual quantities and
provided costs for labor and maintenance of printers.
Currently, one vendor furnishes toner, parts and provides service and maintenance on our
printers. On average, the City spends $80,000 annually on toner cartridges and parts.
It is in the City's best interest to separate out each component of our toner and printer
needs so vendors had three options to bid on: Toner Only (provide pricing for original
equipment manufacturer and/or compatible toner), Service Only (provide service and
maintenance of printers) and/or Toner and Service combined. Nine vendors submitted
pricing for toner, five vendors for service and four vendors for toner and service
combined. There were a total of twelve vendors including three local vendors who
participated in the bidding process.
Corporate Express Irriaging and Computer Graphic Supplies will provide service to pick
up empty printer cartridges for recycling.
Awarding the contract is based on the lowest responsive and responsible bidders and
as a result, it is in the best interest of the City to award printer toner to Corporate Express
Imaging and Computer Graphic Supplies and service and maintenance of printers to
MWB. (See Attachment A)
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.
FISCAL IMPACT
There is no direct fiscal impact from approving this resolution in that funds expended will.
have been approved through the normal budget or appropriation process. We do
anticipate a cost savings based on the current toner pricing and the new pricing from
Corporate Express Imaging and Computer Graphic Supplies.
6-2
SEPTEMBER 23, 2008
Item~
Page '3 of 3
ATTACHMENTS
Attachment A - Bi d List
Prepared by: Tricia lUcEwen, Procurement Specialist, Finance
6-3
*Indicates Local Vend'Jr
ATTACHMENT A
RFP 12-07.08REV1
Corporate Express
Cartridge Depot
Comlink
"Cartridge Discounters
Carroll Business Supply
"Copy Link
M&B Supplies
Steven Enterprises
MWB
Toner Only
$43,433.73
$48,565.15
$51,727.32
$58,40174
$58,630.51
$66,470.92
$68,550.21
$75,708.90
$87,134.00
Service Only
MWB $6,250.00
"Business Machines Galore $8,662.50
"Cartridge Discounters $8,967.00
"Copy Link $10,890.00
Comlink $11,106.56
Service totals include preventative maintenance, labor & $5,000 for parts
Based on 50 printers annually
Toner & Service Combined
LPS $56,726.91
Sharp Business Systems $61,304.01
"Cartridge Discounters $61,882.33 (plus repair labor & parts)
Comlink $62,963.77
Totals include preventative maintenance, labor & $5,000 for parts
except for Cartridge Discounters
6-4
RESOLUTiON NO. 2008-
RESOLUTrON OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE PURCHASE OF
PRINTER TONER CARTRIDGES FROM CORPORATE
EXPRESS IMAGING AND COMPUTER GRAPHIC SUPPLIES
AND SERVICE AND THE PURCHASE OF SERVICE AND
IVIAINTENANCE OF CITY PRINTERS FROM MWB
BUSINESS SYSTEMS IN ACCORDANCE WITH TERMS AND
CONDlTIONS OF CITY OF CHULA VISTA RFP 12-
07/08REVl FOR A ONE YEAR TERM BEGn\TNING OCTOBER
I, 200S AND ENDING SEPTEMBER 30, 2009 AND
AUTHORIZING THE PURCHASING AGENT TO APPROVE
FIVE ONE-YEAR EXTENSIONS OF THE TERM THROUGH
SEPTEJ\iIBER 30, 2014
WHEREAS, Request lar Proposal I2-07/08Revl for printer toner cartridges and for
service and maintenance of' City printers was advenised in the Star News and posted
electronically on PlanetBids; and
WHEREAS, currcl1tly, one vendor ['urnishes printer toner cartridges and provides service
and maintenance on City printers; and
WHEREAS, RFP 12-07/08Revl asked bidders to bid on each component of the City's
toner and printer needs; Toner Only (provide pricing ['or original equipment manufacturer and/or
compatible toner), Service Only (provide service and maintenance of printers) and/or Toner and
Service combined; and
WHEREAS. Corporate Express Imaging and Computer Graphic Supplies ~llld Service
was the low bidder for printer toner cartridges and MWB Business Systems was the low bidder
for the service and maintenance of City printers.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
as [allows:
I. That it authorizes the purchase of printer toner cartridges from Corporate Express
Imaging and Computer Graphic Supplies and Service and the purchase of service and
maintenance of City printers from MWB Business Systems in accordance with terms
and conditions of City o'f Chula Vista RFP 12-07/08REVl for a one year teml
beginnil1g October 1,2008 and ending September 30, 2009.
6-5
Resolution NO.7
Page 2
2. That it authorizes the Purchasing Agent to approve tlve one-year extensions of the
tem1 through September 30, 2014.
Presentee! by Approved as to f0l111 by
.. tJ
\-(j-'<'/_~
Bart Miesfele!
Interim City Attorney
I./I~
. t // 'I'
I/~_' \.../\... """ (.. G
~r-"'-.
(/
Maria Kachacloorian
Director of' Finance
.1:\/\l["II1t..:y\I:'INi\L [{[S(jS\21J()~\I)') 2.1 f)0\C(lI"pm~tc 1:.\pr<.:~~ 11\)a~illg,d'lc
6-6
CITY COUNCIL
AGENDA STATEMENT
''''' '
~\'f::.. ClIT OF
,~~ (HULA VISTA
09/23/2008
Item 'I
ITEM TITLE:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING $805,971 FROM THE U.S.
DEPARTMENT OF HOMELAND SECURITY At'\ID
APPROPRIATING SAID FUNDS TO THE POLICE GRANT
FUND FOR OPEi?ON STONEGARDEN
CHIEF OF POLIC
CITY MANAGE 7'
4/5THS VOTE: YES X NO
SUBMITTED BY:
REVIEWED BY:
SUMMMARY
Since the events of September II, 200 I, the interception of terrorists and their weapons
attempting entry across the nation's borders has becorne the priority mission of the U.S.
Department of Homeland Security. Grant funding via "Operation Stonegarden" has been
awarded to the San Diego County region to facilitate regional partnerships and enhance
border enforcement capabilities. In coordination with the U.S. Customs and Border
Protection (CBP) and grant administration by the County of San Diego, the Police
Department has been allocated $805,971 for Operation Stonegarden.
ENVIRONMENTAL REVIEW
This proposed activity has been reviewed for compliance with the California
Environmental Quality Act (CEQA) and it has been determined that the activity is not a
"Project" as defined under Section 15378 of the State CEQA Guidelines because it will
not result in a physical change in the environment; therefore, pursuant to Section
15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no
environmental review is necessary.
RECOMMENDATION
That Council adopts the resolution.
BOARDS/COMMISSION RECOMMENDATION
Not Applicable.
7-1
--1
09/23/2008, Item~
Page 2 of2
DISCUSSION
The mission of Operation Stonegarden is to raise border security by increasing law
enforcement presence along the border, intelligencelinformation sharing and
communication. Participating agencies in this regional effort include the U.S. Customs
and Border Protection (CBP), Immigration and Customs Enforcement (ICE), San Diego
County Sheriffs Department, California Highway Patrol, California Fish and GaJne, San
Diego County Probation Department and San Diego Harbor Police.
The Chula Vista Police Department is in the unique position of being geographically
located in close proximity to the border (5 miles) with three main north/south arteries
traversing the city. As a result, multiple local and federal agencies frequently ask the
Department for assistance and interdiction of both north and south bound traffic involved
in border-related crimes including drug smuggling, human trafficking, and auto theft.
The Police Department will participate in regional efforts of enhanced visibility in high
intensity trafficking areas on an overtime basis. Funding from Operation Stonegarden
will offset the overtime costs of these special operations.
In addition to overtime for the enhanced visibility operations, funds from Operation
Stonegarden have been allocated for new equipment, including a mobile video camera
system, night vision equipment, GPS tracking devices, digital caJnera system, laptop
computers and license plate readers.
The Department was also allocated funding for the purchase of a variety of vehicles
including specialized investigative vehicles, markeq units and off-highway vehicles.
Vehicle maintenance for these new vehicles are funded for the first operational year.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specific and consequently the 500 foot rule found in California Code of
Regulations section 18704.2(a)(1) is not applicable to this decision.
FISCAL IMPACT
Approval of this resolution will result in a one-time appropnahon of $102,524 to
personnel services, $153,200 to supplies and services, and $550,247 to the capital
category of the Police Grant Fund (fund 252). The funding from the U.S. Department of
Homeland Security will completely offset these costs. Therefore, there is no net fiscal
impact to the City.
ATTACHMENTS
None.
Prepared by: Jonathan Alegre, Senior Management Analyst, Police Department
7-2
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING $805,971 FROM THE U.S.
DEPARTMENT OF HOMELAND SECURITY AND
APPROPRIATING SAID FUNDS TO THE POLICE GR-ANT
FUND FOR OPEAA nON STONEGARDEN
WHEREAS, since the events of September 11, 2001, the interception of terrorists
and their weapons attempting entry across the nation's borders has become the priority
mission of the U.S. Department of Homeland Security; and
WHEREAS, grant funding via "Operation Stonegarden" has been awarded by the
U.S Department of Homeland Security to the San Diego County region to facilitate
regional partnerships and enhance border enforcement capabilities; and
WHEREAS, the Police Department has been allocated $805,971 for Operation
Stonegarden' to participate in regional enforcement efforts and purchase equipment
supporting the mission of the operation; and
\VHEREAS, the grant funds provided by the U.S Department of Homeland
Security will completely offset the total costs of Operation Stonegarden.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula
Vista does hereby accept $805,971 from the U.S Depfirlment of Homeland Security and
appropriate $102,524 to personnel services, $153,200 to supplies and services, and
$550,247 to the capital category of the Police Grant Fund for Operation Stonegarden.
Richard P. Emerson
Police Chief
Approved as to form by:
/"""'" ;7 r J
-,..__,,~ ' . ,\\.y
n, Bart Mle'sfel "
~"1nteriUity Attorney
Presented by:
7-3
CITY COUNCIL
AGENDA STATEMENT
"BJ;i;',ili"'
~ (lIT OF
;; - - - CHULA VISTA
09/23/2008
Item~
ITEM TITLE:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING $525,000 FROM THE
CALIFORNIA OFFICE OF TRAFFIC SAFETY AND
APPROPRIATING SAID FUNDS TO THE POLICE GRAl"lT
FUND FOR THE our PROSECUTION AND AWARENESS
PROGRAM
CHIEF OF POLICEJ!(}.I!+ ~
CITY MANAGE~5~
4/5THS VOTE: YES X NO
SUBMITTED BY:
REVIEWED BY:
SUMMMARY
The Police Department has been awarded grant funding from the California Office of
Traffic Safety to develop a program focused on the vertical prosecution of traffic related
cases including DUI offenders, hit and run collisions and injury/fatal collisions. This
program will also involve a regional collaboration of local agencies conducting DUI /
driver license checkpoints and saturation patrols, with the goal of reducing the number of
alcohol-involved collisions in the South Bay region.
ENVIRONMENTAL REVIEW
This proposed activity has been reviewed for compliance with the California
Environmental Quality Act (CEQA) and it has been determined that the activity is not a
"Project" as defined under Section 15378 of the State CEQA Guidelines because it will
not result in a physical change in the environment; therefore, pursuant to Section
15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no
environmental review is necessary.
RECOMMENDATION
Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION
Not Applicable.
8-1
09/23/2008, Item ~
Page 2 of3
DISCUSSION
The California Office of Traffic Safety's (OTS) mlSSlOn is to obtain and effectively
administer traffic safety grant funds to reduce deaths, injuries and economic losses
resulting from traffic related collisions. The Police Department has been awarded
various OTS grants, including the Serious Traffic Offenders Program (STOP),
Comprehensive Traffic Safety Program, DUI Enforcement Program, and Selective
Traffic Enforcement Program (STEP), which all enhanced the Traffic Unit by funding
new positions. Additionally, 01S administers mini-grants such as the Sobriety
Checkpoint Program and Click It or Ticket, which funds traffic enforcement operations
on an overtime basis. The Police'Department has recently been awarded $525,000 for the
Dill Prosecution and Awareness Program that covers a two-year grant period of
10/1/2008 to 9/30/2010.
The South Bay region of San Diego County has a large number of traffic issues affecting
public safety. These include repeat DUI offenders, hit and run collisions, and serious
injury/fatal collisions. Statistics show that there are many offenders who have a
suspended license or no license issued. With the increasing number of these cases, the
South Bay Branch of the San Diego County District Attorney's Office has the burden of
working a large caseload with no District Attorney handling these cases. These cases are
prosecuted on an as needed basis, leaving law enforcement officers with no expert to rely
on for prosecution. This causes the offenders to dismiss the seriousness of the crime(s)
they have committed.
The funding from OTS will address this very issue. A Deputy District Attorney and a
Criminal Legal Secretary at the South Bay Branch Pistrict Attorney's Office will be
retained on a contractual basis for the two-year grant period. The Deputy District
Attorney and Criminal Legal Secretary will review, file charges and vertically prosecute
the more difficult and serious misdemeanor and felony cases submitted by South Bay
region law enforcement agencies.
In addition to the prosecution services provided by the District Attorney's Office, the
Police Department will coordinate regional efforts to conduct DUl/driver license
checkpoints, saturation patrols and warrant services patrols. Participating law
enforcement agencies include San Diego, Coronado, National City and San Diego
Sheriff. These enforcement operations will be conducted on an overtime basis by all
agencIes.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specific and consequently the 500 foot rule found in California Code of
Regulations section 1 8704.2(a)(l) is not applicable to this decision.
8-2
09/23/2008, Item~
Page 3 of3
FISCAL IMPACT
The grant funding from the California Office of Traffic Safety (OTS) in the amount of
$525,000 will completely offset the total project costs. Along with the contractual costs
with the District Attorney's Office and overtime costs to conduct the enforcement
operations, there will be one-time equipment expenses of a digital camera/video recorder,
office supplies and checkpoint supplies. When the grant ends in September 20 I 0, the
contractual services with the District Attorney's Office will also end. The Police
Department will work the District Attorney's Office on the continuation of these
important services after September 20 I O. Acceptance of this grant has no net fiscal
impact to the General Fund, as detailed in the table below.
OUI Prosecution Program
r~~~tr~~~I{;;;r~ ~i".'i'~~~~~~1ifl!~liJ'~~
~~tft,'Ll,",,~__~,," P'..i. ' ~~~~..:~;0,hOYt"""',~_.,.,.
$230,870 $239,966 $54,164 $0
OT8 Funding
$230,870 $239,966
$54.164
$0
Net Impact to General Fund
$0 $0
$0
$0
ATTACHMENTS
None.
Prepared by: Jonathan Alegre, Senior /'v'Ianagement Analyst, Police Department
8-3
RESOLUTION NO.
RESOLUTION ACCEPTING $525,000 FROM THE
CALIFORNIA OFFICE OF TRAFFIC SAFETY AND
APPROPRIATING SAID FUNDS TO THE POLICE GRANT
FUND FOR THE DUI PROSECUTION AND AWARENESS
PROGRAM
WHEREAS, the California Office of Traffic Safety has awarded $525,000 to the
Police Department for the DUI Prosecution and Awareness Program; and
WHEREAS, this program is focused on the vertical prosecution of traffic related
cases including DUI offenders, hit and run collisions and injury/fatal collisions; and
WHEREAS, a Deputy District Attorney and a Criminal Legal Secretary at the
South Bay Branch District Attorney's Office will be retained on a contractual basis for
the two-year grant period of 10/1/2008 to 9/30/2010; and
WHEREAS, the Police Department will coordinate regional efforts to. conduct
DUl/driver license checkpoints, saturation patrols and warrant services patrols on an
overtime basis; and
WHEREAS, the grant funds provided by the California Office of Traffic Safety
will completely offset the total costs of this program.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula
Vista does hereby accept $525,000 from the California Office of Tramc Safety and
appropriate $34,509 to the personnel services category and $196,361 to the supplies and
services category of the Police Grant Fund for the DUI Prosecution and Awareness
Program.
Richard P. Emerson
Police Chief
Presented by:
8-4
- .-.---,..-
CITY COUNCIL
AGENDA STATEMENT
A (lIT OF
-- - - (HULA VISTA
09/23/2008
Item --L
ITEM TITLE:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING $623,000 FROM THE
CALIFORL'rrA OFFICE OF TRAFFIC SAFETY FOR THE
"OPERATION CRACK DOWN ON ILLEGAL STREET
RACING" PROJECT, ADDING ONE POLICE AGENT TO
THE AUTHORIZED STAFFING LEVEL OF THE POLICE
DEPARTMENT AND APPROPRIATING FUNDS
THEREFOR
CHIEF OF POLIC~~Rpe
CITY MANAGE# -r-
&-SI
4/5THS VOTE: YES X NO
SUBMITTED BY:
REVIEWED BY:
SUMMMARY
The Police Department has been awarded grant funding from the California Office of
Traffic Safety to positively address the escalating mortality associated with San Diego
illegal street racing involved crashes. "Operation Crack Down on Illegal Street Racing"
is an inter-agency law enforcement task force represented by members from 12 San
Diego law enforcement agencies, with a Police Agent and an hourly/part-time Public
Safety Analyst coordinating the regional efforts.
ENVIRONMENTAL REVIEW
This proposed activity has been reviewed for compliance with the California
Environmental Quality Act (CEQA) and it has been determined that the activity is not a
"Project" as defined under Section 15378 of the State CEQA Guidelines because it will
not result in a physical change in the environment; therefore, pursuant to Section
15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no
environmental review is necessary.
RECOMMENDATION
Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION
Not Applicable.
9-1
.09/23/2008, Iteml
Page 2 of3
DISCUSSION
The California Office of Traffic Safety's (OTS) miSSIOn is to obtain and effectively
administer traffic safety grant funds to reduce deaths, injuries and economic losses
resulting from traffic related collisions. The Police Department has been awarded
various OTS grants, including the Serious Traffic Offenders Program (STOP),
Comprehensive Traffic Safety Program, DUI Enforcement Program, and Selective
Traffic Enforcement Program (STEP), which all enhanced the Traffic Unit by funding
new positions. Additionally, OTS administers mini-grants such as the Sobriety
Checkpoint Program and Click It or Ticket, which funds traffic enforcement operations
on an overtime basis. The Police Department has recently been awarded $623,000 for the
"Operation Crack Down on Illegal Street Racing" project that covers a two-year grant
period of 10/l/2008 to 9/30/2010.
Illegal street racing is not just a great annoyance to the public, but it also exposes the
public, spectators and racers themselves to extreme hazards. Deaths and injuries due to
illegal street racing are a serious problem in all major California cities, including the San
Diego region. In 2007, San Diego County experienced an epidemic of illegal street
racing activity which resulted in 12 deaths and 4 serious injuries. "Operation Crack
Down on lllegal Street Racing" will address these concerns by creating a coordinated
regional effort to stem the current incidence of illegal street racing. Participating law
enforcement agencies include CHP, Sheriff, San Diego, Carlsbad, Coronado, EI Cajon,
Escondido, La Mesa, National City, Oceanside & San Diego State University. The goal
of this project is to reduce the number of persons killed or injured from illegal street
racing collisions and to provide a public awareness campaign to educate the public of risk
and consequences of illegal street racing.
The "Operation Crack Down on Illegal Street Racing" project will add one Police Agent
to the authorized staffing level of the Police Department. The Police Agent will
coordinate the regional efforts with the other 11 participating law enforcement agencies.
The grant also funds one part-timelhourly Public Safety Analyst, who will collect,
analyze and report the racing statistics to OTS, as outlined in the goals and objectives of
the grant.
For the public awareness campaign, the Police Department will receive sub-contracted
services from the Race Legal Marketing Director, who will develop and promote. a series
of education and information mass media messages designed to positively influence
street racers and re-direct their high risk behavior to the Racelegal.com alternative. The
safety messages will emphasize the "Operation Crack Down on Illegal Street Racing"
activities and encourage racers to take it on the track. The Racelega1.com program offers
a safer track alternative to illegal street racing by hosting sanctioned racing events at
Qualcomm Stadium. Formed in 1998, this program would be able to provide an excellent
public awareness campaign regarding illegal street racing because of their established
relationship with the San Diego community and media regarding this specific topic.
9-2
09/2312008, Iteml
Page 3 of3
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specific and consequently the 500 foot rule found in California Code of
Regulations section 18704.2(a)(I) is not applicable to this decision.
FISCAL IMPACT
The grant funding from the California Office of Traffic Safety (OTS) in the amount of
$623,000 will completely offset the total project costs during FY 2008/2009. Along with
the personnel costs of the Agent and Analyst to oversee the proj ect as well as overtime
for special operations, there will be one-time equipment expenses of a desktop computer,
digital camera/video recorder, educational materials and office supplies. When the grant
ends in September 20 I 0, the City will absorb the ongoing personnel costs of the Agent
and unless alternative funding can be found for the Public Safety Analyst, that position
will eliminated from the budget. This will create a net fiscal impact to the General Fund
as detailed in the table below.
" ~~"""';'~"~ll'~~:Jt\~ I~~.m ~ ~~~ ',.--~~
"~"C';:----'~~~"-'C-'_.~..":. - 'tEt.--"'i.'-:
"'P?,:~, ~'.. ~ '! :<>!a'", ~v;~;'~~.... !,-~., fj. t ~ ~ - ! . :: dOl\. . .,. "
""'....._......,~._~~...."''''...~~~__i'.,~~,, .~ _, 17 . .. , ~
"Op Crack Down" Costs $257,931 $320,666 $182,840 $141,560
OTS Funding $257,931 $295,840 $69,229 $0
Net Impact to General Fund $0 $24,826 $113,611 $141,560
A TT ACHMENTS
None.
Prepared by: Jonathan Alegre, Senior ]Vlanagement Analyst, Police Department
9-3
RESOLUTION NO.
RESOLUTION ACCEPTING $623,000 FROM THE
CALIFOfu"lIA OFFiCE OF TRAFFIC SAFETY FOR THE
"OPERATION CRACK DOWN ON ILLEGAL STREET
Ri\CING" PROJECT, ADDING ONE POLICE AGENT AND
ONE 0.5 FTE PUBLIC SAFETY ANALYST TO THE
AUTHORIZED STAFFING LEVEL OF THE POLICE
DEPARTMENT AND APPROPRIATING FUNDS THEREFOR
WHEREAS, the California Office of Traffic Safety has awarded $623,000 to the
Police Department for the "Operation Crack Down on Illegal Street Racing" project; and
WHEREAS, "Operation Crack Down on Illegal Street Racing" is an inter-agency
law enforcement task force represented by members from 12 San Diego law enforcement
agencies, with a goal of reducing the number of persons killed or injured from illegal
street racing collisions; and
WHEREAS, the "Operation Crack Down on Illegal Street Racing" project will
add one Police Agent and one 0.5 FTE Public Safety Analyst to the authorized staffing
level of the Police Department, who will coordinate the regional enforcement etTorts and
report statistics to California Office of Traffic Safety, as outlined in the goals and
objectives of the grant; and
WHEREAS, the grant will also fund sub-contr\lcted services from the Race Legal
Marketing Director, who will develop and promote a series of education and information
mass media messages designed to positively int1uence street racers and re-direct their
high risk behavior of illegal racing to safer and sanctioned racing events.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula
Vista does hereby accept $623,000 from the California Office of Traffic Safety for the
"Operation Crack Down on Illegal Street Racing" project, add one Police Agent and one
0.5 FTE Public Safety Analyst to the authorized stalling level of the Police Department
and appropriate $153,106 to the personnel services category and $104,825 to the supplies
and services category of the fiscal year 2008/2009 Police Department budget.
Approved as to form by:
/~ t,a
.,~- II
'./ ry'iC@(
i3 arj;jrYli'e lei '-
"1 Iniirim City Attorney
Presented by:
Richard P. Emerson
Police Chief
9-4
CITY COUNCIL
AGENDA STATEMENT
:sWf:., CITY OF
~ (HULA VISTA
SEPTEMBER 23, 2008, Item~
ITEM TITLE:
(A) RESOLUTION OF .THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CHULA VISTA AND
HILLTOP MIDDLE SCHOOL FOR THE PROVISION
OF AFTER-SCHOOL RECREATIONAL
PROGRAMMING;
(B) RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CHULA VISTA AND
CHULA VISTA MIDDLE SCHOOL FOR THE
PROVISION OF BEFORE-SCHOOL AND AFTER-
SCHOOL RECREATIONAL PROGRAMMING
SUBMITTED BY:
REVIEWED BY:
//) III <<k
DIRE_CTOR OF RECREA TION/ j"::/ ~j .
CITY MANAGER '7-y-
ASSIST ANT CITY MANAGER 5- ')
4/STHS VOTE: YES D NO 0
SUMMARY
Two Middle Schools in the Sweetwater Union High School District have awarded
contracts to the City of Chula Vista for the provision of before and after-school
recreational programming. Hilltop Middle School and Chula Vista Middle School will
provide the sites and funding for the program. Adoption of the resolutions approves the
Memorandums of Understanding between the City and the schools.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for
compliance with the CalIfornia Environmental Quality Act (CEQA) and has determined
that the activity is not a "Project" as defined under Section 15378 of the State CEQA
Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the
activity is not subject to CEQA. Thus, no environmental review is necessary.
10-1
SEPTEMBER 23, 2008, ItemJJL
Page 2 on
RECOMMENDATION
That Council adopt the resolutions.
BOARDS/COMMISSION RECOMiVIENDATION
Not Applicable
DISCUSSION
Two Middle Schools in the Sweetwater Union High School District have awarded
contracts to the City of Chula Vista for the provision of before- and after-school
recreational programming. Hilltop Middle School and Chula Vista Middle School are
funding the programs through grants.
The Sweetwater Union High School District has opted not to contract with the City for
programming at the four other middle schools in Chula Vista. In previous years, the City
and Districtshared funding for core after-school programming at Hilltop, Chula Vista,
Castle Park, Bonita Vista, Rancho Del Rey, and Eastlake Middle Schools.
Hilltop Middle School is proposing an MOU with the City for $21,526 to fund staffing
and limited supplies for after-school programming.
Chula Vista Middle School is proposing an MOU with the City for $26,455 to fund
staffing and limited supplies for both before and after-school programming.
The MOU's proposed provide 100% revenue offset for direct program expenses, m
addition to a small amount of administrative overhead.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council, and has found a conflict
exists, in that Councilmember Castaneda has property holdings within 500 feet of the
boundaries of the Chula Vista Middle School property which is one of the subjects of this
action.
FISCAL IMPACT
The City fully anticipated providing core programming at six Middle school locations
when the 08/09 FY budget was prepared. Historically, the District and the City have
jointly funded the costs of these programs, including supervisory oversight. The.
District's decision to discontinue the agreement with the City will result in a net shortfall
of approximately $48,250. This shortfall will be mitigated through reimbursement from
an existing grant funded project.
ATTACHMENTS
Attaclunent "A" - Agreement between Hilltop Middle School and City of Chula Vista
10-2
SEPTEMBER 23, 2008, Item~
Page3of3
Attachment "B" - Agreement between Chula Vista Middle School and City of Chula
Vista
Prepared by: John Gates, Principal Recreation }.1anager, Recreation Department
10-3
RESOLUTION 2008
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING A MEMORANDUM
OF UNDERSTANDING BETWEEN THE CITY OF
CHULA VISTA AND HILLTOP MIDDLE SCHOOL
FOR THE PROVISION OF AfTER-SCHOOL
RECREA TlONAL PROGRAMMING
WHEREAS, Hilltop Middle School in the Sweetwater Union High School
District has awarded a contract to the City of Chula Vista for the provision of after-school
recreational programming; and
WHEREAS, the Parties propose to enter into a Memorandum of Understanding
for the amount of $21,526 to fund staffing and limited supplies for after-school
programming; and
WHEREAS, the $21,526 will provide for 100% revenue offset for direct program
expenses, in addition to a small amount of administrative overhead.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Chula Vista that it approves a Memorandum ot'Understanding between the City ofChuia
Vista and Hilltop Middle School lor the provIsion of after-school recreational
programming.
r>resented by
Approved as to t0l111 by
Buck M<lrtin
Director 01' Recreation
/L,1
'----vD y,",,- /L
Bart Miesfeld
Interim City Attorney
/;,q~~ J
I ..' .,
//i_..'__ (;.. <- ;'~
10-4
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
~"2 j'J /
l Al~' {fiLA A_L4/.;;t':0 /)~-,-,
Bart C. Miesfeld L
Interim City Attorney
Dated:
7 I ,)
I ( ~ /1\ 3
r l
Memorandum of Understanding between
the City of Chula Vista and
Hilltop Middle Schoql for
After-School Programs between September 2, 2008 and June 12,2009
10-5
A~+- A
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF CHULA VISTA
AND
HILLTOP MIDDLE SCHOOL
THIS AGREEMENT, by and between the City of Chula Vista, a municipal
corporation (hereinafter "City"), and Hilltop Middle School (hereinafter "Middle
School") to provide after-school programs at Hilltop Middle School during the
time school is in session between September 2,2008 and June 12, 2009.
NOW THEREFORE, IT IS MUTUALLY AGREED by and between the parties
hereto as follows: .
I. RESPONSIBiliTIES OF HILL TOP MIDDLE SCHOOL
1. Provide on-site indoor and outdoor facilities for the after-school program
appropriate to the number of participants.
2. Promote and foster a positive environment for the development of a
successful after-school program.
3. Host regularly scheduled meetings with City staff to discuss program goals
and effectiveness.
4. Provide workspace and storage for the City staff as required.
5. Provide an on-site School Coordinator or staff during the after-school
program hours.
6. Pay to the City an amount up to $21,526 for City staff to conduct the after-
school program, as shown in Attachment "A" and "8".
II. RESPONSIBILITIES OF THE CITY OF CHULA VISTA
1. Provide recreational activities to students participating in the after-school
program. Activities may include but are not limited to sports, crafts,
homework help, games, special events, field trips, and specialized
classes. The program is free to all participants.
Page 1
10-6
2. Provide Recreation Department staff to conduct the after-school program
at Hilltop Middle School, during the days school is in session, from
September 2,2008 through June 12, 2009. See Attachment "A" for specific
staffing patterns. Staffing will be provided at the City's prevailing wages.
3. Submit completed daily attendance rosters for each activity provided by
City to the After School Coordinator or appropriate Middle School staff.
4. Attend regularly scheduled meetings with Middle School staff to discuss
program goals and effectiveness.
5. Provide a Recreation Department Supervisor to oversee staff and
coordinate programming with appropriate Middle School staff.
6. Provide supplies and equipment for programs, as jointly agreed-upon with
the District, for an amount up to $400.
III. COMPENSATION
Hilltop Middle School agrees to pay the City up to $21,526 to support staff and
supplies provided by the City for the after-school program. Compensation shall
be based on the prevailing hourly. wage for each City employee performing
services pursuant to this Agreement, and shall include all applicable retirement
and Medicare costs attributable to those employees. In addition, the City shall be
compensated for administrative overhead at a rate of 5%. The City shall invoice
Hilltop Middle School in January and June, payable within 30 days of receipt.
Middle School shall be billed on.lY for actual expenses incurred plus overhead.
IV. TERMITERMINATlON
The term of this Agreement shall commence on September 2, 2008, and continue
through June 12, 2009. Either party may terminate this Agreement upon sixty (60)
day advance written notice.
V. HOLD HARMLESS I INDEMNIFICATION
Each party agrees to hold harmless the other, their elected and appointed
triJiis:teel'i, agents and employees from and against all claims or damages, liability
or costs and expense (including without limitation attorney's fees) arising out of
the performance of this subcontract by the parties, their agents, employees,
subcontractors or others, except for only those claims arising from the sole
. Page 2
10-7
negligence or sole willful misconduct of either party, or their officers or
employees. It is understood that such indemnity shall survive the termination of
this agreement.
VI. FINGERPRINT CLEARANCE
Each party is responsible for fingerprinting its employees who will be working
with students. If the City or Middle School discover that an individual in their
respective employment is placed at the school site who has a serious or violent
felony conviction as defined by the Education Code, Section 44830.1, or a sex
offense conviction or controlled substance conviction as defined by the
Education Code, Section 44011, that individual's employment status and/or duties
will be altered to comply with all local, state, and federal laws/regulations.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the day indicated in the terms of the Agreement.
Dated:
,2008
THE CITY OF CHULA VISTA
HILLTOP MIDDLE SCHOOL
Cheryl Cox, Mayor
Officer
/
A/Jdl.di'/
Dianne Russo,
7(;/A/AA?
.SUHSD Chief
Financial
Approved as to form by:
City Attorney
Page 3
10-8
Attachment A
City of Chula Vista
Recreation Department Staffing
After-school Program
Hilltop Middle School
The City shall provide the following staff and hours for the period of September 2,
2008 through June 12, 2009, on the days that school is in session, from Monday
through Friday, based on 180 school days:
After-School ProQram Mondav - Fridav
Recreation Leader II
18 hours/week x 38 weeks
Total: 684 hours
Recreation Specialist
15 hours/weeks x 38 weeks
Total: 570 hours
TOTAL: 1,254 hours
Fridav Earlv Dismissal
Recreation Specialist
1.5 hours/week x 38 weeks
TOTAL: 57 hours
Staff MeetinQs
Recreation Specialist:
TOTAL: 26 hours
Recreation Leader II:
TOTAL: 26 hours
Special Events
Recreation Specialist:
TOTAL: 10 hours
Summary:
Recreation Specialist - 663 hours
Recreation Leader 11 - 710
TOTAL: 1,373 hours
Page 4
10-9
WAGES
Recreation Specialist
Recreation Leader II
BENEFITS
Retirement (PARS)
Medicare
WAGE & BENEFIT TOTAL
SUPPLIES & SERVICES
Attachment "8"
City ofChula Vista
Summary of Funding
After- School Program
Hilltop Middle School
663 hours $15.23/hour $10,097
710 hours $12.69/hour $ 9,010
TOTAL $19,107
3.75%
1.45%
$19,107
$19,107
TOTAL
$ 717
$ 277
$ 994
$20,101
$ 400
$ 20,501
$ 1,025
ADMINISTRATIVE OVERHEAD (5%)
TOTAL FUNDING, $21,526
Page 5
10-10
Hilltop Middle School/t'riday Early Dismissal WORKSHEET - PT STAFF - FY \. ...:~
PROGRAM:
Hilltop Middle School I Fall Early Dismissal Days
Times:
Leader
Specialist
Monday Tuesday Wednesday Thursdav Fridav Saturday Sunday
, I
I
4:30-6:000m
I
I
Total,
Weekly
Hours
#
of
Weeks
#
of
Staff
Total
Hours
Daily Total:
Aide
Leader
Specialist
1.5
""",::
.:., :.1~' ;,'.
~
15
15
o
1
.........0. i','"
,,:>':i,'~
. , .",,~.
~
RATE
HOURS
SUBTOTAL
PARS
MEDICARE
PERS TOTAL
o
I
~
~
Step:
Step:
Step:
Step:
Step:
Step:
Step:
Step:
B
B
Aide
Leader
Specialist
12.69
15.23
22.5
:;'.,-0:00. .
: ",360.49,'
PERS Aide
PERS Leadl1r
PERS Specialist
PERS
TOTAL
.$;:",., 343
Existing Program
New/Expanded.Program
x
Justification/Comment:
Anticipate staff will be eligible for Step B
Hilltop Middle Schoo,. VVinter-Spring Early Dismissal Days WORKSHEET - P TAF
PROGRAM: Hilltop Middle School I Winter-Spring Friday Early Dismissal Days
Times:
Leader
Specialist
Monday Tuesday Wednesday Thursday Friday Saturday Sunday
I I
4:30-6:00 pm
Total
Weekly
Hours
#
of
Weeks
#
of
Staff
Total
Hours
Dail.y Total:
Aide
Leader
Specialist
OTHER
1.5
. '..1
I'. .1\,'. ,
23
23
o
1
... ..0.... .:
....:u'~:::
i: 'z.'
";' -.1\ ....
tfii<G!:
I
:."
,
'"
Step:
Step: B
Step: B
Step:
Step:
Step:
Step:
Step:
Aide
Leader
Specialist
OTHER
PERS Aide
PERS Leader
PERS Specialist
PERS OTHER
12.69
15.23
34.5
PARS
MEDICARE
PERS
TOTAL
~
RATE
HOURS
C>
I
~
TOTAL
'.$,j.".:;553:
Existing Program
Existing Changed Program
New Program
a
Justification/Comment:
Hilltop Middle SChOl.. .JUDGET WORKSHEET - PT STAFF - FY I 06
PROGRAM: Hilltop Middle School - General Operating Hours I Fall - 2008-09
Times:
Leader"
Specialist
Daily Total:
Aide
leader II
Specialist
OTHER
~
o
I
~
w'
Monday Tuesday Wednesda~ Thursday Friday Saturday Sunday
I .
3:00-6:00pm 3:00-6:00pm 2:00-6:00pm 2:00-6:00pm 2:30-4:30pm ,
3:00-6:00pm 3:00-6:00pm 2:00-6:00om 2:00-6:00om 1 :30-4:30pm
I
I
Total # #
Weekly of of Total
Hours Weeks Staff Hours
3 3 4 4' 4 h";""18.:..,,V 15 1 :;',;~;.'i;;;270\,(\\'\':;:;
3 3 3 3 3 hd;,,;;.15'1i;!:P 15 1 ;"'"i:~"''& 225 z'~ -',Sl
,~~\'_r::~~' O~; l\,:i:;:;~:,;; ~':~I.h~'# 0 i~~;".,Afrt
0.7)j'tt\495,t,'i\'~-"';
Step:
Step:
Step:
Step:
Step:
Step:
Step:
Step:
Aide
Leader II
Specialist
OTHER
PERS Aide
PERS Leader
PERS Specialist
PERS OTHER
8
B
Existing Program
Existing Changed Program
New Program
a
Justification/Comment:
RATE
SUBTOTAL
PARS
MEDICARE
PERS
TOTAL
HOURS
",::~\.i~Ji~~ 0 .~"!,! '}fj:.;, f,;t~3i,~~Oi.~~!;'tJ~ ~;;,f~)i~Ot;~;'~~~ ::..~i.i~:,t.;,O"lr:,':.~;';,
1 2.69 270 ,.'c.t; 3426; 3r;{,. ',1 28:48625. ),49;681351: ',3604;4676,
1 5.23 225 ,':i;3426:75!JN \128-5031 3: i49:687875) d,3604.941,,1
6;?:<~:,,~O~~1A ;:!';'&lM~'O~vlt1~ ti~~~ 0 ~~,~Jh:
- ~_':f;f{Ui_;;O!~*;'~: ~,;{~OZ1j~tq if~12i:-:;:jO:Jt-t~J" ~{:{~i*O!i~~4;;1H
~ ,.".,,',;>e
~;:~~t!it~10t:~~ ~~j.~\:~n~~tf '~jllii%'J01W"tji,tt i<5l.WiiOIi"fuC"Il ~~J;Oi~t~~i"
TOTAL \$li)i~66;853i ~$i1!!.i?~:;257'.i ~$0.j:JN;~~\~99~ ~$ [~~i(~i,:.:_ti& ;$.t',"c7;209'
Hilltop Middle School L _ JGET WORKSHEET - PT STAFF - FY 08109
PROGRAM: Hilltop Middle School - General Operating Hours - Winter & Spring
Times:
Leader II
Specialist
Daily Total:
Aide
Leader
Specialist
OTHER
~
C)
I
~
.j:>
Monday Tuesdav Wednesday Thursday Friday Saturday . Sunday
.
3:00-6:00om 3:00-6:00om 2:00-6:00om 2:00-6:00om 2:30-4:30om
3:00-6:00om 3:00-6:00om 3:00-6:00om 3:00-6:00pm 1 :30-4:00p-m
Total # #
Weekly of of Total
Hours Weeks Staff Hours
3 3 4 4 4 ";.:.a 23 1 "f.'.
3 3 3 3 3 23 1 :.....
",,}':,;O,.\,f;ii
iV':
Step:
Step:
Step:
Step:
Step:
Step:
Step:
Step:
Aide
Leader II
Specialist
OTHER
PERS Aide
PERS Leader
PERS Specialist
PERS OTHER
8
8
Existing Program
Existing Changed Program
New Program
B
Justification/Comment:
RATE
SUBTOTAL
PARS
MEDICARE
PERS
TOTAL
HOURS
.. n"',,..
1 2,69 41 4 t'\5253:66\; , 1 9'].;01225 :,76.17807.: ' .,<,,;,,:. 5526:8503
1 5,23 345 ',' 5254:35:,' ,1 97:0381 3. : 76.1r075 .', .', ',.."", 5527:5762
'i..,' ",., n. ~ '
, ."1
'. 'YO~'
I,'"'' .'. ~ ,0, .i'
~10508
TOTAL ;$.<: ",,394 :$;'.;f;,1 52: ,$,1\11;054',
~~~;;~'~,.;, i:
PROGRAM:
Times:
Lead e r
Specialist
Daily Total:
Aide
Leader
Specialist
~
o
I
~
(J1
Hilltop Middle Schaal! Fall Session Special Events - FY 08!09
Hilltop Middle School J Fall Session Special Events FY 2008-09
Monday Tuesdav Wednesday Thursday Friday Saturdav Sunday
I
5:30-7:00Pr" :30-10:30PM
I
I I ,
Total # #
Weekly of of Total
Hours Weeks Staff Hours
:M~-?~;;I 0 :~i~~,}j;; ::1o';~J.O;~~:~~,.
1 "i~S.t?;;:" O?i{?;~ ',-:.
, 1.5 7 .".A 1 1 ;:!i1;;;iif5'~ii\:::;
........
RATE
HOURS
SUBTOTAL
PARS
MEDICARE
PERS
TOTAL
Step:
Step:
Step:
Step:
Step:
Step:
Step:
Step:
Aide
Leader
Specialist
15.23
8.5
-3:~~j%\r4!OI~~ii%,,;~ ~1{~~moo:~~ Y.~J!O:OO:''f~i ~k~i'%~;~~1i:'t"fl~} hf.f1:,O:OO.~~')',
\1{",129 :455,,~;glii4:85~i&n .,iBt,1~88;~.x\ "';l.136 :.19i~f'
PERS Aide
PERS Leader
PERS Specialist
PERS
. ~~.~{[:i,t\_O~l;B~}:;'
TOTAL
I
x
Existing Program
New/Expanded Program
Justification/Comment:
Department will provide staff for the Annual Cheerleading Jamboree scheduled on Friday evening (in the month of November), and for the Starlig
Hilltop Middle School I Spring Session Special Event ~ FY 08/09
PROGRAM: Hilltop Middle School I Spring Session Event - FY 2008-09
Times:
Leader
Specialist
Daily Total:
Aide
Leader
Specialist
OTHER
~
o
I
~
O'l
Step:
Step:
Step:
Step:
Step:
Step:
Step:
Step:
Aide
Leader
Specialist
OTHER
PERS Aide
PERS Leader
PERS Specialist
PERS OTHER
Mondav Tuesday Wednesdav Thursday Fridav Saturdav Sunday
I I
I I
6:00-7:30PM
I I
I
Total # #
Weekly of of Total
Hours Weeks Staff Hours
.0;',::,,;0 ;,~';:;: .,,;,.,;~
;::), ;;:i:O':,::';':: 1 ""::,,,,;r',"';'
1.5 .;: 1 1
.';:. "",n:.:'",,,
Existing Program
Existing Changed Program
New Program
B
RATE
HOURS
SUBTOTAL
PARS
MEDICARE
PERS
TOTAL
'" I";:<"'O~
'".' " '.
1 5.23 1 .5 '22 845 . ,0,8566875' 0,3312525. " ",,;. " 24.03294
;::'\:;'<; :~;,;s
o. I ,',j". u;" ,.
, "f
:,"; ;,.'J
I;;'
'; "'~-:"
TOTAL ; 1! i.ii; .$'$-.",';24-
J ustification/Comment:
Department will provide staff for the annual Dance Performance in the month of June 2009.
Hilltop Middle Schoc 3taff Meetings - FY 08/09
PROGRAM: Hilltop Middle School/ Staff Meetings
Monday Tuesday Wednesday Thursday Friday Saturday Sunday
6:00-7:00PM
6:00-7:00PM
Total # #
Weekiy of of Totai
Hours Weeks Staff Hours
'c, ~
1 I", 26 1 ~~
1 l'i'\l 26 1 1";::;;;-
Times:
Leader II
Specialist
Daily Total:
Aide
Leader \I
Specialist
OTHER
~
o
I
~
-.J
Step:
Step:
Step:
Step:
Step:
Step:
Step:
Step:
Aide
Leader
Specialist
OTHER
PERS Aide
PERS Leader
PERS Specialist
PERS OTHER
B
B
Existing Program
Existing Changed Program
New Program
B
Justification/Comment:
RATE
HOURS
SUBTOTAL
PARS
MEDICARE
PERS
TOTAL
11'." ~,,~, I, .
1 2,69 26 ','329,94'. ' ;12:37275 ]' ..;4,78413, , ':". !. 347,:09688
1 5.23 26 '';':"395:98,!,> ':14,84925 '5.74171' :41 6:57096
-;C
, ., ",
I'.;..... " ".:, " . 'n.; "",,'( "
,<,: ..:, ' :]",;:
~ 0';',"..-
TOTAL ,$ :":]"726; "$; : .::' ',764'
OBJCODE DESCmPTION
Office Supplies
6801
DETAil:
BUDGET WORKSHEET - DIRECT SUPPLIES & SERVICES
EXPLANA TION
Pens, Pencils, Calendars, Paper,
etc (from Corporate Express)
All Middle Schools are budgeted the same.
2008/2009 OVER/UNDER EXPLANATION:
FY08-09 REQUEST JUSTIFICATION: .
QY08-09 REQUEST JUSTIFICATION:
OBJ CODE
6851
DESCR/PTION
Recreation Supplies
EXPLANA TION
Balls, Bats, Bases, Toys, Craft
Supplies, etc
DETAil:
All Middle School are budgeted the same. This is an estimate
Arts & Crafts/Games
Athletics
Flag Football
2008/2009 OVER/UNDER EXPLANATION:
FY08-09 REQUEST JUSTIFICATION:
FY08-09 REQUEST JUSTIFICATION:
2008/2009
BUDGET
13-MONTH
PROJECTION
h$ :;~~t2~:~i't:mi~~,~t
OVER
(UNDER)
t;1$ ~~~~12.\;?~~r~t
.,J$ ~h:4'::~t:11Ai~;;:f
2008/2009
REQUEST
$
400
RESOLUTlON 2008
RESOLunON OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING A MEMOR.~NDUM
OF UNDERSTANDING. BETWEEN THE CfTY OF
CHULA VISTA AND CHULA VISTA MIDDLE
SCHOOL FOR THE PROVISION OF BEFORE-SCHOOL
AND, AFTER-SCHOOL RECREA TTONAL
PROGRAMMING
WHEREAS, Chula Vista Middle School in the Sweetwater Union High School
District has awarded a contract to the City of Chllla Vista for the provision of before-
school and arter-school recreational programming; and
WHEREAS, the Parties propose to enter into a Memorandum of Understanding
lor the amount of $26,455 to fund staffing and limited supplies for before-school and
at'ter-school.programlUing; and
WHEREAS, the $26.455 will provide tor 100% revenue offset tor direct program
expenses, ill addition to a small aJllount of administrative overhead.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Chula Vista that it approves a Memorandum of Understanding between the City of Chula
Vista and Chula Vista Middle School tor the provision of before-school and after-school
recreational programming. !
Presented by
Approved as to fonn by
Buck Martin
Director at' Recreation
,~~~
Bart Miesfeld
Interim City Attorney
/1 r
/l.j\ f~ --i~"-
U
10-19
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
{!,.,1" Il~ '
- Ij" 'i/ /! " I
'------C/'-~ L-k-. LA~ v;:---"--
Bart C. Miesfeld (j
Interim City Attorney
,I ":J
Dated: It I 10 /0 J
I ,
Memorandum of Understanding between
the City of Chula Vista and
Chula Vista Middle School for
Before and After School Programs between
September 2, 2008 and June 12, 2009
10-20
thhchm 6rrf- 13>
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF CHULA VISTA
AND
CHULA VISTA MIDDLE SCHOOL
THIS AGREEMENT, by and between the City of Chula Vista, a municipal
corporation (hereinafter "City"), and Chula Vista Middle School (hereinafter "Middle
School") to provide before and after school programs at Chula Vista Middle School
during the time school is in session between September 2, 2008 and June 12, 2009;
NOW THEREFORE, IT IS MUTUALLY AGREED by and between the parties
hereto as follows:
I. RESPONSIBILITIES OF CHULA VISTA MIDDLE SCHOOL
1. Provide on-site indoor and outdoor facilities for the before and after school
program appropriate to the number of participants.
2. Promote and foster a positive environment for the development of a successful
before- and after- school program.
3. Host regularly scheduled meetings with City staff to discuss program goals and
effectiveness.
4. Provide workspace and storage for City staff as required.
5. Provide an on-site School Coordinator or staff during the before- and after-
school program hours.
6. Pay to the City an amount up to $26,455 for City staff and supplies to conduct
the before and after school program, as shown in Attachment "A" and "8".
II. RESPONSIBILITIES OF THE CITY OF CHULA VISTA
1. Provide recreational activities to students participating in the before and after
school program. Activities may include but are not limited to sports, crafts,
homework help, games, special events, field trips, and specialized classes. The
program is free to all participants.
2. Provide Recreation Department staff to conduct the before- and after-school program
Page 1
10-21
at Chula Vista Middle School, during the days school is in session, from September 2,
2008 through June 12, 2009. See Attachment "A" for specific staffing patterns.
Staffing will be provided at the City's prevailing wages.
3. Submit completed daily attendance rosters for each activity provided by City to
the After School Coordinator or appropriate Middle School staff.
4. Attend regularly scheduled meetings with Middle School staff to discuss
program goals and effectiveness.
5. Provide a Recreation Department Supervisor to oversee staff and coordinate
programming with appropriate with Middle School staff.
6. . Provide supplies and equipment for programs, as jointly agreed-upon with the
Middle School, for an amount up to $400.
III. COMPENSATION
Chula Vista Middle School agrees to pay the City up to $26,455 (Attachment "8") to
support staff and supplies provided by the City for the before and after school program.
Compensation shall be based on the prevailing hourly wage for each City employee
performing services pursuant to this Agreement, and shall include all applicable
retirement and Medicare costs attributable to those employees. In addition the City
shall be compensated for administrative overhead, at a rate of 5%. The City shall
invoice Chula Vista Middle School in January and June, payable within 30 days of
receipt. Middle School shall be billed only for actual expenses incurred plus overhead.
IV. TERMITERMINATION
The term of this Agreement shall commence on September 2, 2008, and continue
through June 12, 2009. Either party may terminate this Agreement upon sixty (60) day
advance written notice.
V. HOLD HARMLESS I INDEMNIFICATION
Each party agrees to hold harmless the other, their elected and appointed officers,
trustees, agents and employees from and against all claims or damages, liability or
costs and expense (including without limitation attorney's fees) arising out of the
performance of this subcontract by the parties, their agents, employees, subcontractors
or others, except for only those claims arising from the sole negligence or sole willful
misconduct of either party, or their officers or employees. it is understood that such
indemnity shall survive the termination of this agreement.
Page 2
10-22
VI. FINGERPRINT CLEARANCE
Each party is responsible for fingerprinting its employees who will be working with
students. If the City or Middle School discover that an individual in their respective
employment is placed at the school site who has a serious or violent felony conviction
as defined by the Education Code, Section 44830.1, or a sex offense conviction or
controlled substance conviction as defined by the Education Code, Section 44011, that
individual's employment status and/or duties will be altered to comply with all local,
state, and federal laws/regulations.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day indicated in the terms of the Agreement.
Dated:
,2008
THE CITY OF CHULA VISTA
CHULA VISTA MIDDLE SCHOOL
Cheryl Cox, Mayor
/1//14/110 -;P;/4A~
Dianne Russo, SUHSD Chief Financial Officer
Approved as to form by:
City Attorney
Page 3
10-23
Attachment A
City of Chula Vista
Recreation Department Staffing
Before- and After- School Program
Chula Vista Middle School
The City shall provide the following staff and hours for the period of September 2, 2008
through June 12, 2009, on the days that school is in session, from Monday through
Friday, based on 180 school days:
6: 15 - 8:15 am for Before-School Proqram. Monday - Friday
2 hours/day x 5 days/week x 38 weeks
Recreation Leader II - 380 hours*
TOTAL: 380 hours
3:00 pm - 6:00 pm for After-School Proqram. Monday - Friday
3 hours/day x 5 days/week x 38 weeks
Recreation Specialist - 570 hours
Recreation Leader II - 570 hours
TOTAL: 1140 hours
1 :00 pm - 3:00 PM for Early Dismissal Fridays
2 hours/day x 1 day/week x 35 weeks
Recreation Specialist - 70 hours
Recreation Leader II - 70 hours
TOTAL: 140 hours
Staff Meetinqs
1 hour/day x 26 days
Recreation Specialist - 26 hours
Recreation Leader II - 26 hours
TOTAL: 52 hours
Special Events
Recreation Specialist - 10 hours
SUMMARY:
Recreation Specialist: - 676 hours
Recreation Leader 11- 1,046 hours
TOTAL: 1,722 hours
* The Chula Vista Middle School will ensure that additional staff from the school and the
Chula Vista YMCA, a collaborative partner to the school, is also present during these
hours so that the Recreation Specialist is not alone during these early morning hours.
Page 4
10-24
WAGES
Recreation Specialist
Recreation Leader II
BENEFITS
Retirement (PARS)
Medicare
WAGE & BENEFIT TOTAL
SUPPLIES & SERVICES
Attachment "B"
City of Chula Vista
Summary of Funding
Before- and After-School Program
Chula Vista Middle School
676 hours
1 046 hours
3.75%
1.45%
ADMINISTRATIVE OVERHEAD (5%)
$15.23/hour
$12.69/hour
TOTAL
$23,569
$23,569
TOTAL
$10,295
$13.274
$23,569
$ 884
$ 342
$ 1,226
$24,795
$ 400
$25,195
, $ 1,260
TOTAL FUNDING $26,455
Page 5
10-25
Chula Vista Middle, ,001 BUDGET WORKSHEET - PT STAFF - FY J 06
PROGRAM: Chula Vista Middle School" General Operating Hours J Fall- 2008-09
Times:
Leader II
Specialist
Daily Total:
Aide
Leader II
Specialist
OTHER
~
o
I
N
a>
Mondav Tuesdav Wednesday Thursday Fridav Saturday Sunday
I
3:00-6:00pm 3:00-6:00pm 3:00~6:00pm 3:00-6:00pm 2:00-3:00pm
3:00-6:00om 3:00-6:00pm 3:00-6:00om 3:00-6:00pm 2:00-3:00pm
I
I
Total # #
Weekly of of Total
Hours Weeks Staff Hours
,
<}';;C.""Ui"!'. ""'~U"'~
3 3 3 3 3 15 1 ....,;,,,,,,,.:.
3 3 3 3 3 "<;.;.: 15 1 f"""'''''~i;d'
"",."n"".,
',"-"0..""'-'
Step:
Step:
Step:
Step:
Step:
Step:
Step:
Step:
Aide
Leader II
Specialist.
OTHER
PERS Aide
PERS Leader
PERS Specialist
PERS OTHER
B
B
Existing Program
Existing changed Program
New Program
B
Justification/Comment:
RATE
HOURS
SUBTOTAL
PARS
MEDICARE
PERS
TOTAL
.,..... ..n. ".' ~ ,0,,,:: " 1,<: -0:: :"
12.69 225 . 2855:25 . ,,,1 07:071 88 41C401125 ;3003:723"
1 5.23 225 3426.75 -,\ :128.5031 3: .49.687875 _,3604.941
"-'. ",C, u,
, , "
, '1' C,' "" . ,
~ 0, h':
TOTAL ".." .$.... \6;282 .$' ,':-fi;236 ~H .$: 6,609
Chula Vista Middle Se. ) BUDGET WORKSHEET - PT STAFF - FY 08/09
PROGRAM: Chula Vista Middle School/General Operating Hours - Winter & Spring
Times:
Leader II
Specialist
Daily Total:
Aide
Leader
Specialist
OTHER
~
C)
I
N
-..J
Step:
Step:
Step:
Step:
Step:
Step:
Step:
Step:
Aide
Leader
Specialist
OTHER
PERS Aide
PERS Leader
PERS Specialist
PERS OTHER
Monday Tuesdav Wednesday Thursday Friday Saturday Sunday
3:00-6:00om 3:00-6:00om 3:00-6:00rlm 3:00-6:00pm 12:00-3:00
3:00-6:00pm 3:00-6:00nm 3:00-6:00nm 3:00-6:00pm 12:00-3:00
Total # #
Weekly of of Total
Hours Weeks Staff . Hours
';iii/,l,OH;;;,',.
3 3 3 3 3 0\),;,:, 23 1
3 3 3 3 3 23 1 :,,',',,;:,345 i:i:"
B
B
Existing Program
Existing Changed Program
New Program
B
Justification/Comment:
RATE
HOURS
SUBTOTAL
PARS
MEDICARE
TOTAL
12.69
15.23
345
345
PERS
1<
,,4378.05, '-164:17688 :63.481725 I i.
,. :5254.35:"..197:03813, ;}6.188075,
I',,:. .n.....
".:.',. 4605:7086:
'5527:5762
,'" ..'
TOTAL
" :('CO
".
. '.,
''',..
J::7
g;.~;;
$:'1.10;133
'$'''' ".9'632,$'''''''''36';;1''$' "",1'40,
. "'.'.:'-',ij ., _,:;:. "."_,,,.,:-:.h- 'inCi,' i),,':,':.<".A..- ,
Chula Vista Middle, ,0011 Fall PHAT WORKSHEET - PT STAFF - FY 08/0S
PROGRAM: Chula Vista Middle School/Fall PHAT Friday's & Early Dismissals
Times:
Leader
Specialist
Daily Total:
Aide
Leader
Specialist
OTHER
~
Cl
I
N
(Xl
Monday Tuesday Wednesday Thursday Friday Saturday Sunday
12:00-2:om
12:00-2:pm
.
Total # #
Weekly of of Total
Hours Weeks Staff Hours
~ ,'t:,,:
2 'F: 13 1 ~
2 13 1
,4\2"F' I.!'),'", ~
Step:
Step: B
Step: B
Step:
Step:
Step:
Step:
Step:
Aide
Leader
Specialist
OTHER
PERS Aide
PERS Leader
PERS Specialist
PERS OTHER
Existing Program
Existing Changed Program
New Program
B
Justification/Comment:
RATE
HOURS
SUBTOTAL
PARS
MEDICARE
PERS
TOTAL
12,69
15.23
26;','329:94", '",12.37275,' ; ,4,78413,'
26',;395.98./ ,:14,84925, ~ 5:7.417,1',;
,
TOTAL
$:", ,.::.'726;
PROGRAM:
Times:
Leader II
Specialist
Daily Total:
Aide
Leader II
Specialist
~
o
I
'"
<0
Chula Vista Middle ~chooll PHAT Friday's & Early Dismissals - PT STAFF - r-( 08/01
Chula Vista Middle School I PHAT Friday's & Early Dismissals - Spring
Monday Tuesdav Wednesday Thursdav Fridav Saturdav Sunday
I I
12:00-2:00pm
12:00-2:00pm
I I
I I
Total # #
Weekly of of Total
Hours Weeks Staff Hours
~"" ",'l",',,>
2 '>""''''2 22 1 =
,. 2 22 1 ~,~
'.! ;,
RATE
HOURS
SUBTOTAL PARS MEDICARE
PERS TOTAL
PERS Aide
PERS Leader
PERS Specialist
PERS
Step:
Step:
Step:
Step:
Step:
Step:
Step:
Step:
Aide
Leader
Specialist
12~69
15~23
44
44
,,',;20,94'::"
'~." ;;25~ 13;.'"
587.39. '
:"',',704:97, ,~'
B
B
TOTAL
.$.:;J1,292
x
Existing Program
New/Expanded Program
Justification/Comment:
Chula Vista Middle Scnool / Staff Meetings - FY 08/09
PROGRAM: Chula Vista Middle School/Staff Meetings
Times:
Leader II
Specialist
Daily Total:
Aide
Leader II
Specialist
OTHER
~
Cl
1
Ul
Cl
Monday Tuesday Wednesday Thursday F ri day Saturday Sunday
2:00-3:00
2:00-3:00
Total # #
Weekly of of Total
Hours Weeks Staff Hours
Ie,,<, MY',:/i
1 I",>;y: 26 1 ;Y
1 l);ii,:'',:J (':, 26 1
1 ,':<>i "
RATE
HOURS
TOTAL
SUBTOTAL
PARS
MEDICARE
PERS
Step:
Step: B
Step: B
Step:
Step:
Step:
Step:
Step:
Aide
Leader"
Specialist
OTHER
PERS Aide
PERS Leader
PERS Specialist
PERS OTHER
,,:;329.94....'...12:37275:: ;'04.78413."
: .395:98;" ..14.84925' . '5,74t7V-:
:347.09688
:416:57096..
12.69
15.23
26
26
'$";1':.",>7,64,
TOTAL
Existing Program
Existing Changed Program
New Program
a
J ustificationlComment:
Chula Vista Middle St . .l11 Fall Session Special Events - FY 2008-09
PROGRAM: Chula Vista Middle School I Fall Session Special Events FY 2008-09
Times:
Leader
Specialist
Daily Total:
Aide
Leader
Specialist
OTHER
~
C)
I
w
~
Step:
Step:
Step:
Step:
Step:
Step:
Step:
Step:
Aide
Leader
Specialist
OTHER
PERS Aide
PERS Leader
PERS Specialist
PERS OTHER
Mondav Tuesdav Wednesday Thursday Friday Saturdav Sunday
I
5:30-7:00P~ :30-l0:30PM
I
I I
Total # #
Weekly of of Total
Hours Weeks Staff Hours
. Ny:: :c:....
"0;).'\0........,..., 1
1.5 7 luPU 1 1 k.c.'.:R
A
Existing Program
Existing Changed Program
New Program
B
RATE
HOURS
SUBTOTAL
PARS
MEDICARE
PERS
TOTAL
. '" n, .: '.. n',:., ,
I..:; '. ".'n. )'" ..' <:.'
1 5.23 8.5 , 129:455'", '4:8545625 1 :87.7:0975 .136.18666
'"
.
.., ),.:',' P', ." ,:-:"
" r:::-
TOTAL ~ $ '129 ~ :il =1>,
~. :::'~\;~1fjr;i\" f, ,$:,,: '1136:
Justification/Comment:
Department will provide staff for the Annual Cheerleading Jamboree scheduled on a Friday evening (in the month of November), and for the Starlight Yule
Parade scheduled on Saturday December 6th, 2008.
Special Events I Spring Session - FY 2008-09
PROGRAM:
Chura Vista Middle School - Spring Special Event FY 2008-09
Times:
Leader
Specialist
Monday Tuesday Wednesday Thursdav Friday Saturday Sunday
1 I
I
6:00-7:30PM
I
Total
Weekly
Hours
#
of
Weeks
#
of
Staff
Total
Hours
Daily Total:
Aide
Leader
Specialist
----,,--
1.5
I.,,'.....u.. . ".
C,..,:
1"YOc\",
1
1
1
I-
I.
I."
, "',
--'
C)
I
w
N
RATE
HOURS SUBTOTAL PARS
MEDICARE
PERS TOTAL
Step:
Step:
Step:
Step:
Step:
Step:
Step:
Step:
A
Aide
Leader
Specialist
15.23
1.5,'.22:845'5,"
':"':24:03:".;
PERS Aide
PERS Leader
PERS Specialist
PERS
TOTAL
'.24:
Existing Program
New/Expanded Program
x
Justification/Comment:
Department will provide staff for the annual Dance Performance in the month of June 2009.
...~..-
OBJ CODE DESCRIPTION
Office Supplies
6801
DETAil:
BUDGET WORKSHEET - DIRECT SUPPLIES & SERVICES
EXPLANA T/ON
Pens, Pencils, Calendars, Paper,
etc (from Corporate Express)
All Middle Schools are budgeted the same.
2008/2009 OVER/UNDER EXPLANATION:
FY08-1l9 REQUEST JUSTIFICATION:
CfY08-1l9 REQUEST JUSTIFICATION:
OBJ CODE
6851
DESCRIPTION
Recreation Supplies
EXPLANA TlON
Balls, Bats, Bases, Toys, Craft
Supplies, etc
DETAil:
All Middle School are budgeted the same. This is an estimate
Arts & Crafts/Games
Athletics
Flag Football
2008/2009 OVER/UNDER EXPLANATION:
FY08-1l9 REQUEST JUSTIFICATION:
FY08-1l9 REQUEST JUSTIFICATION:
2008/2009
BUDGET
13-MONTH
PROJECTION
OVER
(UNDER)
2008/2009
REQUEST
2008/2009
BUDGET
13-MONTH
PROJECTION
OVER
(UNDER)
2008/2009
REQUEST
$
400
CITY COUNCIL
AGENDA STATEMENT
~\ 'f:. CITY OF
rfi (HULA VISTA
September 23, 2008 Item~
ITEM TITLE:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE RELEASE OF
CERTAIN DOCUMENTS RELATING TO THE PAYMENT
OF COUNCILMEMBER CASTANEDA'S LEGAL FEES AND
WAIVING THE EVIDENTIARY PRIVILEGES AND
GOVERNMENT CODE PROTECTIONS ATTACHED TO
THOSE DOCUMENTS
Bart Miesfeld, Interim City Attorney &C-"--
SUBMITTED BY:
4/STHS VOTE: YES D NO 0
SUMMARY
At the September 16, 2008 City Council meeting, Councilmember Ramirez requested
that staff agendize an item to discuss the payment of legal fees for Councilmember
Castaneda. This item has been prepared in response to that request. By adopting the
resolution, Council would authorize the release of certain memoranda prepared in
connection with the payment of Councilmember Castaneda's legal fees and waive the
evidentiary privileges and Government Code protections attached to those documents.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for
compliance with the California Environmental Quality Act (CEQA) and has determined
that the activity is not a "Project" as defined under Section 15378 of the State CEQA
Guidelines because adoption of the appendix to the Local Conflict of Interest Code does
not result in a physical change to the environment; therefore, pursuant to Section
l5060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no
environmental review is necessary.
RECOMMENDATION
That the City Council take action as it deems appropriate.
BOARDS/COMMISSION RECOMMENDATION
Not Applicable.
11-1
I'
SEPTEMBER 23, 2008 Item '!
Page 2 6f2
DISCUSSION
In May 2008, attorney Marc Carlos submitted a letter to the City Attorney's office
demanding that the City pay the legal fees and expenses incurred by Councilmember
Castaneda in his defense of several criminal charges brought against him by the District
Attorney's Office. Each charge was ultimately disposed of by the court, the jury or the
District Attorney; Mr. Castaneda was not convicted on any of the charges. Pursuant to
the letter from Mr. Carlos, Mr. Castaneda incurred legal fees and expenses totaling
$194,314.90. In the letter, Mr. Carlos also noted that "Mr. Castaneda has spent over a
year and a half of his life defending this case and is prepared to fully litigate his legal
rights under the Charter including any damages resulting from the City's actions."
Subsequently, the Council met in closed session to discuss the request and the City's
response. The Council authorized the Interim City Attorney to negotiate with Mr. Carlos
regarding payment of the fees. On August 20, 2008, Councilmember Castaneda and Mr.
Carlos accepted the City's offer. A copy of the final settlement agreement was provided
to the City Clerk's office to be made available to the public, and the fact that settlement
had been reached was publicly reported.
Requests have been made for the release of memoranda prepared by the City Attorney's
office and outside counsel, Steve Quintanilla, in connection with this matter. Those
documents are protected from disclosure by the evidentiary privileges attached to
attorney work product and attorney-client communications and are exempt from
disclosure pursuant to Government Code S6254(k). In order to release the documents,
the Council must waive those privileges and protections. In determining whether to do
so, the Council should be aware that this action may give the impression that a precedent
has been set for future closed session matters. In addition, once waived, the privileges
and protections cannot be asserted in the future, as to the documents released. Thus, the
memoranda potentially could be used in future litigation on this matter.
The documents the Council is being asked to disclose have been provided to the Council
under separate cover. They are not included with this item because the Council has not
yet waived the applicable privileges and protections. By adopting the attached resolution,
the Council would waive the evidentiary privileges and Government Code protections
against disclosure and authorize release of the memoranda. The waiver would apply to
the memoranda regarding payment of Mr. Castaneda's legal fees, only; it would not
apply to future matters.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specific and consequently the 500 foot rule found in California Code of
Regulations section 1 8704.2(a)(l ) is not applicable to this decision.
FISCAL IMPACT
There is no fiscal impact associated with this item.
J:/ Attorney/JillM! AGENDA 5T A TEMENTS/2008 Agenda Castaneda Legal Fees
11-2
RESOLUTION NO. 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE RELEASE OF CERTAIN
DOCUMENTS RELATING TO THE PA YMENT OF
COUNCILMEMBER CASTANEDA'S LEGAL FEES AND
WAIVING THE EVIDENTIAR Y PRIVILEGES AND
GOVERNMENT CODE PROTECTIONS A IT ACHED TO
THOSE DOCUMENTS
WHEREAS, at the September 16, 2008 City Council meeting, Counci1member Ramirez
requested that staff agendize an item to discuss the payment of legal fees for Councilmember
Castaneda; and
WHEREAS, in May 2008, the City received a letter from Counci1member Steve
Castaneda's attorney, Marc Carlos, requesting that the City pay the legal fees and expenses
incurred in Mr. Castaneda's defense of the criminal charges brought against him by the San
Diego District Attorney's Office; and
WHEREAS, the Council met in closed session to discuss the request and the City's
response; and
WHEREAS, the Council authorized the Interim City Attorney to negotiate with Mr.
Castaneda's attorney, Mr. Carlos, regarding payment of the fees; and
WHEREAS, on August 20, 2008, Councilmember Castaneda and Mr. Carlos accepted
the City's negotiated offer; and
WHEREAS, upon receiving the acceptance of the City's offer, the City provided a copy
of the settlement agreement to the City Clerk's office for public review, and publicly reported the
fact that settlement was reached; and
WHEREAS, requests have been made that the City release the memoranda prepared by
the City Attorney's office and outside counsel, Steve Quintanilla, regarding this matter; and
WHEREAS, these documents represent attorney work product and attorney-client
communications and, as such, are protected from disclosure by certain evidentiary privileges,
and are exempt from disclosure under the Public Records Act, pursuant to California
Government Code S6254(k); and
WHEREAS, in order for the City to release those documents, the City Council must
waive those privileges and protections; and
WHEREAS, in determining whether to do so, the Council should be aware that its action
may give the impression that a precedent has been set for future closed session matters; and
11-3
Resolution No.7
Page 2
WHEREAS, once the privileges and protections are waived, they cannot be asserted in
the future, as to any documents released; and
WHEREAS, those documents potentially could be used in future litigation; and
WHEREAS, the Council desires to waive the privileges and protections attached to the
memoranda and authorize the release of the memoranda (which have been provided to the
Council under separate cover); and
WHEREAS, the City Council does not intend this waiver to apply to future matters.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista waives the evidentiary attorney-client and attorney work product privileges, and the
protections provided by California Government Code S6254(k), with respect to the following
memoranda regarding the payment of Councilmember Castaneda's legal fees and costs: (i)
memorandum from Steven B. Quintanilla to Bart Miesfeld, dated July 3, 2008; and (ii)
memorandum from the City Attorney's office to the City Council, dated July 15, 2008; and
authorizes the release of those documents; this waiver does not apply to future matters.
Approved as to form by
8(,~
Bart Miesfeld
Interim City Attorney
11-4
LA 7/11c.<;
HALf 'A '2, JOG ~
---
, ,
More deaths in state are linked to air pollution
, ,
By JANET WILSON
Times stajJWriter
As many as 24,009 deaths.
annually in California are
linked to chronic exposure to
fine particulate pollution, tti-
pIe the previous official esti-
mate of 8,200; according to
st~te researchers.
The revised figures. are
based on a review of new re-
search across the nation about
the hazards posed by micro-
scopic particles. which sink
deep into the lungs.
. "Our report concludes these .
particles are 70% more danger-
, 'ous than previously. thought,
based on several, major stu,dies
, that have occurred In the last
five years," said Bart Crnes..
chief researcher for the Califor-
nia Air Resource's Board. Croes
will present his fmdings at a
board meeting in' Fresno this
morning.
The studies, including one
by USC tracking 23,000 people
in greater Los Angeles, and an-
. other by the American Cancer
Society monitoring 300,000
people across the United
States, have found rates of
heart attacks,' strokes and
other serious disease increase
expo'nentially after exposure to
even slightly higher amounts of
metal. dust or other fragments
from tailpipes and smoke~
stacks.
. It is difficult to attribute in-
dividual deaths to partlculaj;e,
pollution, Croes conceded, but
he'sald long-term studies that
account for smoking, obesity
and other risks have increas-
inglY zeroed in on fine particu~
, late pollution as a killer.
. "There's no death certifi-
cate that says speclt1cally
. someone died of air pollution,
but cities with higher rates of
air pollution have much greater
rates of death. from cardiovas-
cular diseases," he said.
Californians exposed, to
high levels of fme particulates
had their lives cut short on'av-
erage by 10 years, the board
sta/Hound, '
Researchers also found that
when particulates are cut.even
, temporartly, death rates fall.
"When Dublin tffiposed a
coal ban, when Hong Kong im-
posed reductions in sulfur di-
oxide, when there was a steel
mill stlike in utah . _ . they saw
immediate reductions in.
deaths," Croes said.
More measures. will be
needed, air board oIDcials said,
inclUding eventually lowering
the maximum permissible
levels of soot statewide. Califor-
nia already has, the lowest
thresholds in the world, at 12,
micrograms per cubic meter,
but researchers say no safe lev-
el of exposure has been found.
. More regulations are being
- draj'ted, including. one requir-
ing cleaner heavy-duty trucks.
"We must work even harder
to cut short these life-shortEm-
iog emissions," Air Resources
Board Chairwoman Mary .
Nichols said in a statement. '
Clean air advocates Said
they would be watching closely:
"These numbers are shock-
ing; they're incredible," said
Tim Carmichael, senior pollcy
director for the Coalition (or
Clean Air, a statewide group.
He and others said the board
must strengthen a soot clean-
up plan submitted to them 'by
the San Joaquin Valley Air Pol-
lution Control District. A hear-
ing and vote on the plan is
scheduled ror today.
Numerous Central Valley
public health groups wrote
. Nichols this week, urging bans.
on the use of industtial equip-
ment on bad air days, tougher
controls on boilers and crop
drying equipment, and other
-
action. The economic cost at-
tributed to premature. deaths
and illnesses linked to particu-
late exposure in the Central
Valley has been estimated at
$3 billIon a year, and $70 billion
statewide, according to sepa-
, rate studies. Those figure are
expected to be revised upward
. based on the new report.
"We must clean up. the air.
We cannot afford further. de- .
lay," the group wrote,
Agticultural and construc-
tion "industry groups have,
fought such provisions, saying
that they could ctipple the re-
gion's economy, but have .not
, pUblicly complained aboufthe
plan as proposed. Board,
spokesman Leo.Kay said',that
given the new mortallty find.,
ingS, "I certainly don't 'expect a
rubber~stamp approval,"
. janet.wilson@latimes.com
.~.-
1'\'v, LO~e r-
~ ~',
\ U\~\.,,,C w.,\).,\Mv,1I
~
AI
THE BIGGEST FAILURE IN
LEADERSHIP
IS BEING UNWILLING TO
COMMIT TO
PROTECT CHILDRENS
HEALTH
YOU HA VE BEEN
ENTRUSTED WITH....
My name is Mark Crosier. I am a retired Chula Vista Police Officer and
I live on Buckaroo Lane in Chula Vista.
I have been following Councilman Castaneda's career since
he was first elected. He was on the Council for less than 6 months
when he was approached by Earl Jentz, a wealthy Chula Vista
property owner. According to the Union-Tribune, Jentz and Steve
Castaneda talked about Steve's brother Bob working for Jentz to stop
. a project that Councilman Castaneda was going to have to vote on.
Castaneda and his brother lived together at the time. Later,
Councilman Castaneda business partner also did work for Earl Jentz.
When asked whether this was a conflict of interest, Mr. Castaneda
said he had no conflict of interest and worked behind the scenes to
kill the very project his brother was being paid to oppose.
While this was going on, Steve and his brother were living
together. Mr. Castaneda's landlord was Henry Barros, another
wealthy property owner who owned 18 properties, most in downtown
Chula Vista. The next we heard abut our Councilman was when the
newspaper published an article documenting how Mr. Castaneda
purchased a vacant piece of property with Henry Barros and sold the
still vacant property 5 moths later for a $65,000 profit. The
Councilman did not have half the money to purchase the property, but
Barros gave him a one half interest and Castaneda kept half the profit
Without ever disclosing his conflict and his financial relationship with
Barros, Castaneda then voted on the downtown General Plan where
Barros owned most of his properties. When he filed his required
financial disclosure forms under penalty of perjury, Steve Castaneda,
not once but twice, failed to disclose the income he earned with
Barros.
The next we heard, Mr. Castaneda was indicted by a criminal
Grand Jury. According to the indictment, he was asked if he ever told
anyone he was going to buy a condominium in a rental apartment
being converted to condominiums by yet another wealthy Chula Vista
property owner. This wealthy businessman owns one of the largest
properties on the Chula Vista Bay Front. Mr. Castaneda told the
Grand Jury 'No' he never told anyone he was going to buy the
condominium after the conversion. Turns out the rental application
Steve signed states in his own handwriting under the reasons for
~.
-------
renting "looking to buy condominium". Turns out the Grand JUry alSO
had a series of e-mails between the wealthy property owner,
Castaneda and an intermediary clearly reflecting that Mr. Castaneda
was looking to bUY. Nowonder half the Jurors who heard this
testimony thought he was guilty on this count.
I was a police officer for 2Syears. There are good lawyers who
sometimes get criminals off. It happens. What I don't understand is
why the rest of the Council thinks the Chula Vista taxpayers should
pay for them. If Mr. Castaneda did not have the money to pay his
lawYer; he could have used the Public Defender. But he hired a high
priced private attorney. Fine, his choice, but he should pay for his
lawyer, not us.
It seems to me this Council owes us an explanation as to why we
have to pay. Hiding behind closed doors at secret meetings and then
announcing your decision without telling us why, makes you look
guilty. Who do you represent, the people who voted for you or one of
your own who needed a high priced lawYer to get him off?
( --~ . /d~tC59{'
.'''''f'',....,-
1. 184 _ 75 -- - ~71;U"/l)~.~
_ ~:.~:r.:,~~\r,:';w.::'~'~::]t~l::~:~ ''It f~r;~-' ~~~> K~'.r ", '." ' . ,
..'..S''..'.'__'.'__'__'__'.~,E>,3X~.", "".".,~"f*'r, ,""~'. A~~ ~~~, "
, , ' ,53 31 63,1% ) ,'" " . .".,,2'1i:~1' '"c' " . Xof',;""""""""". ,,"'.
. S'- IF' ~'~.'-~.~ ',,' ,. ''\<'j;' .' ~'''''''' .
\S\ MOST OPPOSITIOII By precinct fyh~". :.' 11&' '; ,,,,}.:?',,,1tli. '~_ .", '(' "~,~j~'+", ,.;~,~;' 'r rJ
.vlegor,L' "'2~ .. _ _ ' " - - , :~-;.;!!fJ{^ ~' ..,
Votes perc~ntage YBai;,"; , "O!~~g '." .",'" i'l .' ,.;;>,,,_-1''''';",,;,.
,. ~ .__ r' ... --', l"" l' . J
:;\;!J1\1\I~Cr - ,'tj7-~i
."~.~'";.,.~~~"'"-"".- . .
I'''-
,
M^,
The message sent
uia Vista vote
ers instead of providing neighbor,
, .lits
ropas1 hi: pro-
vided Chula Vista voters with an op'
portunity to vote on changes to the
general plan if the changes resulted
in an increase in allowable building
heights over 84 feet. Structures of
this size often change the character
and scale of a community, The area
",est of Interstate 5, including the
bayfront, was excluded from Propo,
sition E.
""hat was clear from this election
is that some city officials were ap-
parent.ly willing to break the law by
spendmg taxpayer money for a bi-
ased, outside economic study.
Previous city studies showed that
the bal~ot measure would not signifi~
cantly Impact redevelopment goals,
1ne full City Council decided in
February not to conduct a new ecO-
nomic studY, Despite these factors,
and warnings from their own city
attorney that their plans to conduct
,the study in the fmal weeks of an
,election ran afoul of the law, Mayor
Cheryl Cox and Councilman Jerry
By Earl Jentz
butions and other favors from devel
opers, and residents-are supposed
to benefit because the increased tax
increment and sales taxes generatec
wiU be spent to improve their'neigh
borhoods,
West side residents have seen
firsthand what really happens, Mo
development revenues have been
diverted to pay for city staff, various
studies or credited back to develop-
t
proponent of
, I . Proposition E. 1 would like t
I provide another perspective
,on the results and campaign tactics
ofthe close election June 3,
The South County editorial June
14 indicated that Chula Vista was
divided geographicallY over Propos
tion'E. While support was higher
overall in western Chula Vista than
in precincts east of Interstate 805
, the truth is that Propqsition E re-'
, ceived substantial support from vot
ers in both regions of Chula Vista,
Proposition E was written simply
to protect Chula Vista's general pIa
(land.use constitution). which was
approved in December 2005. The
general plan lays out the road map
for the future development of Chula
Vista. Ittook more than three years
':':and 90 public meetings with genuine
,:;public input to complete.
~:' Chula Vista's general plan already
> :'provides capacity for an additional
:: 100,000 people in the city by 2030,
, a 46 percent increase over existing
. conditions, As approved, it provides
, : ' .designated areas for high rises and
, density "near, transit areas such as
" tile E Street and H Street trolley sta-
tionsand the Eastern Urban Center
adjacent to the state Route 125 toll
,road, It also provides the guidelines
for a four~year university.
Despite a dedine in real estate
, market conditions that has delayed
. Implementation, we still believe that
this general plan should be given a
I ,,------1
Chu a IS a as a ong history
of influential developers exerting
undue mfluence on city officials to
" change the general plan and rezone
, property, 111e developers make mono
ey by getting the roperry rezone~-
. e Cla s get campaIgn contri-;
Once again,
residents are saying
that community
character is
important to them.
L"
Jentz is a Chula Vista activist and property
owner.
Rindone acted alGI
the study to the d
then executed an :
outside fmn, The,
"worst case" ana'"
E. .
111is biased stUl
used to support al
in the last weeks l
against Propositio
a Fair political Pn
sian complaint an
Commission coml
med against thoS'
misuse of pu blie f
purposes.
Proposition E t~
the underlying is~
and the manipula
tactics by City Ha
apparent.
The Yes on E c:
that the citizens '\i
to vote on an iS5\.1
neighborhoods:\
are disappointed
the opponents an
results, Please de
aged, We are mal
spite of all the rei
against Propositi!
biased study pai<
was only nal~rowl
700 votes,
When politicia:
that accompani€l
noW must realiZE
residents waht.te
changes to the g,
ing allowable bui
84 feet. Once ag'
saying that coml
important to the:
'Ve hope totn~
to continue t~'st<
communitY and I
their voices heat
and bv coinh1un:,
for fuime devel~
ed offlcials, We'
responsible gOY
informed arid d'
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DialogSouth
Community opinion and commentary
The San Diego Union-Tribune I SOUTH COUNTY I Saturday, June 21, 2D08
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" DDRESSOF;;NOTE" Iv-,,""I,:', ,,-'.- ':j:,-' ., i,'~ PROVOCATIVE THINK RADIO
'.;;:~'Chl.Jla '~f~- ." .:_, :'i;:'~~~~- t: '\~ It- ,'1i: _ The_Uni ,7 ibu e', Bi.1QJJal;wfiter~appear Thursdays live at
. ->t ~:.J'!> \'.} , l~,,~;''''< ~.'- '-:i~ . ,- ,'~. ,~ . _-~. _' ',~ sig onraolo;com. The lineup: "Radio Active" with Chris Reed
',' t~[\ctr9n Councr[rs se,~k!!,g,hrg~ Sfl'o9"slud~,nts,!n< >( at 11-11:30 a,m" "Op-ed Talk" with Bernie Jones at 11:30 a,m,-12
' :t~g7~<f~~ 10(,11:12 ~:pio~p~c!~e~~!iC;;;1rs~I'''*~ i"ti, ..:~ p,m" and "Talk of San Diego" with Bob Kittle at 1-2 p,m"
~~ ~1'". ;. ..i.: .';':'P:~ ::k; ''''~,;?t;~: ~.i~. ':~~.~~ 1~:;<~!<f.}i.'''31
e~"" "_.l'..1iW.;,,, '""" '..~..J1\;."",f,1i.,. ,'b'o. '~,,',5i:, ..It, ., "y_ 'L..;. "M.'"" '::'Ii
WHERE
,__ietters
op-ed pie
letters@1
I'
(.
EDIT9RIAL
Then skateboarders find City Hall does lis
):ou don't have to fight City Hall a retired elementary teacher and a a paid enlployee anel reducing liability.
to get something accomplished. member of the National School Dis- Other 'changes are coming, Na-
In National City, in fact, you triCt's governing board. Kids are his tional City is pouring money into
don't even have to be an adult to get life, though he is of a generation that long-deferred park maintenance and
City Hall to listen, . has never set foot on a skateboard, by October expects to create a soccer
Come August, National City will .' Mayor Rim Morrison is a gen'era- field ($339,000) in the middle of the
have a skate park of its own, correct, tion closer and more "with it" Still, Kimball Park oval. Artificial turf will
ing a situation teens found intoler- Mo'rrisiin's.,skating days involved' reduce maintenance and allow for
able, For those too young to drive, hammering rbller skates into submis- much,more intensive use,
getting to a formal skate park outside sion and bolting the parts onto a slab Just twO years 'ago the sprinklers
the citywas difficult. The alternative of wood. . were turned off in National City's
- not their preference, either - was . Rudy Lopez as Neighborhood parks. the.'lamps were shut do,vn and
skating in public surroundings, leav- Council coordinator is responsible for the pool often closed. '\'!hat's the dif-
ing,chewed-up benches, steps and listening to neighborhood concerns ference? ::
walk~,jn.their wake. "" , . . and helping bring city resources to "It's thellO-year contract tIle people: '
, . The heroes in.:this episode include . bear, He rounded up teen advisers to of National City voted." said Morrison,
Jacob' Domipguez, who worked Jp' 'suggest what was really important to 'The I-cent addition to the sales taX
.:the,c~0ufage_ to., go (q: City'Hal} and Jhe,rp)n,a sk,~te p_~rk:.-i . .,'. :'.;,," ,:; < "gives _usm:on_ey,fOFno,nnal.expeii~'e.s;;"
tt' ask'Jor"a' Skate, parKt-ADd --.rvlai:!_d~l:! ,~~ f.> "We:lilie.ever:.ViJliil&;~T ~itfi.h.T:)~;'t,in.!~~......H-F........;....~~,~:..._ ______, _._._...............,.~..
~~.....,;;_..~-_......-.
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Mayor and City Council
City Of Chula Vista
276 Fourth Avenue
Chula Vista, Ca 91910
619.691.5044 - 619.476.5379 Fax
MEMO
(llY OF
CHULA VISTA
September 12, 2008
RE:
Office of the Mayor & City Council
Lori Peoples, Senior Deputy City Clerk
Lorraine Bennett, Deputy City Clerk
Mayor Cheryl cox~ ,
Jeoo;fec Q,;;,"o, C",",e,' Secvk'e, M,"age~
Y{)uth Action Council appointment
TO:
VIA:
FROM:
The following candidate has been recommended for appointment to the Youth Action
Council. The ratification of this candidate has been placed on the September 23, 2008
Council agenda,
David Garza was born and raised in Chula Vista. David is a 10th grader at Bonita Vista
High School. David is active in soccer and volleyball. When he graduates from high
school, David plans to attend UCLA to become a lawyer.
, -"
:2 _
,
~l~
~
=~~~
- -
Mayor and City Council
City Of Chula Vista
276 Fourth Avenue
Chula Vista, Ca 91910
619.691.5044 - 619.476.5379 Fax
MEMO
ellY OF
(HULA VISfA
September 16, 2008
RE:
Office of the Mayor & City Council
Lori Peoples, Senior Deputy City Clerk
Lorraine Bennett, Deputy City Clerk
Mayor Cheryl Cox (JJ
Jennifer Quijano, Constituent Services Manag~
Child Care Commission appointment
TO:
VIA:
FROM:
The following candidate has been recommended for appointment to the Child Care
Commission. The ratification of this candidate has been placed on the September 23,
2008 Council agenda,
Charlene Tressler had previously lived in Chula Vista for 15 years, raising her 3
daughters. After raising her children, Charlene moved to Jamul. Unfortunately
Charlene lost her home during last years Harris fires. Charlene relocated back to Chula
Vista and has been living here for the past 10 months.
Charlene is the co-founder and Executive Director of Child Development Associates
(CDA) located in Chula Vista. Charlene has worked at CDA for the past 30 years,
Charlene is a former Commissioner on the Child Care Commission when she had lived
here over 15 years ago.
13- B
~I~
:-- 11_-
~ --
Mayor and City Council
City Of Chula Vista
276 Fourth Avenue
Chula Vista, Ca 91910
619.691.5044 - 619.476.5379 Fax
MEMO
ellY OF
CHUIA VISfA
September 17, 2008
RE:
Office of the Mayor & City Council
Lori Peoples, Senior Deputy City Clerk
Lorraine Bennett, Deputy City Clerk
MayorChe~ICo~
Jennifer Quijano, Constituent Services ManagetJ()
Veterans Advisory Commission appointment
TO:
VIA:
FROM:
The following candidate has been recommended for appointment to the Veterans
Adviso~ Commission. The ratification of this candidate has been placed on the
September 23, 2008 Council agenda.
Keith Blum has been a resident of Chula Vista for the past 6 years. Keith retired from
the Navy after serving 20 years and now works at Asymmetric Solutions, LLC as the
CEO. Asymmetric Solutions provides project management for Navy, Air Force and
Marine systems. Keith serves on the National Defense Indust~ Association Committee
and the VFW DAV Navy League.
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