HomeMy WebLinkAboutAgenda Packet 2002/05/07
CITY COUNCIL AGENDA
May 7, 2002 4:00 p.m.
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
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CllY OF
CHULA VISTA
City Council
Patty Davis
Stephen C. Padilla
Jerry R. Rindone
Mary Salas
Shirley A. Horton, Mayor
City Manager
David D. Rowlands, Jr.
City Attorney
John M. Kaheny
City Clerk
Susan Bigelow
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The City Council meets regularly on the first calendar Tuesday at 4:00 p.m.
and on the second, third and fourth calendar Tuesdays at 6:00 p.m.
Regular meetings may be viewed at 7:00 p.m. on Wednesdays on
Cox Cable Channel 24 or Chula Vista Cable Channel 68
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AGENDA
May 7, 2002
4:00 P.M.
CALL TO ORDER
ROLL CALL:
CounciImembers Davis, Padilla, Rindone, Salas, and Mayor Horton.
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
· INTRODUCTION BY ASSISTANT CITY MANAGER POWELL OF THE
EMPLOYEE OF THE MONTH, MELDY ODVIAR, SENIOR BUYER, PURCHASING
DIVISION OF THE FINANCE DEPARTMENT
· PRESENTATION OF A PROCLAMATION BY MAYOR HORTON TO POLICE
CHIEF EMERSON, PROCLAIMING WEDNESDAY, MAY 8 AS PEACE OFFICERS'
MEMORIAL DAY
· PRESENTATION OF A PROCLAMATION BY MAYOR HORTON TO FRANK
PANTOL, EXALTED RULER, AND GARRY HUMMEL, YOUTH ACTIVITIES
CHAIRMAN, CHULA VISTA ELKS LODGE NO. 2011, PROCLAIMING THE WEEK
OF MAY 5, 2002 AS YOUTH WEEK
CONSENT CALENDAR
(Items 1 through 14)
The Council will enact the staff recommendations regarding the following items
listed under the Consent Calendar by one motion, without discussion, unless a
Councilmember, a member of the public, or City staff requests that an item be
removed for discussion. If you wish to speak on one of these items, please fill out
a "Request to Speak" form (available in the lobby) and submit it to the City Clerk
prior to the meeting. Items pulled from the Consent Calendar will be discussed
after Action Items. Items pulled by the public will be the first items of business.
1. APPROVAL OF MINUTES of April 9, April 16, and April 23, 2002.
Staff recommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS:
A. Letter of resignation from Gustavo Perez, member of the Growth Management
Oversight Commission.
Staff recommendation: Council accept the resignation and direct the City Clerk to
post immediately in accordance with Maddy Act requirements.
B. Letter from Eduardo Guerra, Patrol Explorer in Charge, United States Border
Patrol, Chula Vista Explorer Post No. 1326, requesting sponsorship for the
Colorado River Law Enforcement Explorer Competition in Needles, California.
Staff recommendation: The request be denied since the City of Chula Vista
currently sponsors the Chula Vista Explorer post for the same event.
3 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING FINAL MAP OF CHULA VISTA TRACT NO. 01-09, EASTLAKE III
WOODS NEIGHBORHOOD WR-4; ACCEPTING ON BEHALF OF THE PUBLIC
THE VARIOUS PUBLIC STREETS; ACCEPTING ON BEHALF OF THE CITY THE
VARIOUS EASEMENTS AND THE DEDICATION IN FEE OF LOT "K" FOR FIRE
STATION PURPOSES, ALL AS GRANTED ON SAID MAP, WITHIN SAID
SUBDIVISION; ACKNOWLEDGING ON BEHALF OF THE CITY THE
IRREVOCABLE OFFER OF DEDICATION FOR OPEN SPACE LOTS, GRANTED
ON SAID MAP WITHIN SAID SUBDIVISION; APPROVING THE SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS
REQUIRED BY SAID SUBDIVISION; AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
FOR CHULA VISTA TRACT NO. 01-09, EASTLAKE III WOODS
NEIGHBORHOOD WR-4, REQUIRING EASTLAKE COMPANY, LLC TO COMPLY
WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO. 2001-269
AND 2001-375, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
On August 14, 2001, Council approved the tentative subdivision map for Chula Vista
Tract No. 01-09, Eastlake III Woods and Vistas. On November 6, 2001, Council
approved a revision to Condition No. 80 of said resolution. Adoption of these resolutions
approves the final map for Woods Neighborhood WR-4, the associated subdivision
improvement agreement, and supplemental subdivision improvement agreement.
(Director of Public Works)
Staffrecommendation: Council adopt the resolutions.
4 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR
CHULA VISTA TRACT NO. 00-02, EASTLAKE BUSINESS CENTER II, PHASE II,
BETWEEN THE EASTLAKE COMPANY AND THE CITY FOR THE
MAINTENANCE OF PUBLIC LANDSCAPE WITHIN A PORTION OF THE
EASTLAKE BUSINESS CENTER II, PHASE II, AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT
Page 2 - Council Agenda
05/07/02
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
CONDITIONALLY APPROVING FINAL MAP OF CHULA VISTA TRACT NO.
00-02, EASTLAKE BUSINESS CENTER II, PHASE II; ACCEPTING ON BEHALF
OF THE CITY THE PUBLIC EASEMENTS, AND ON BEHALF OF THE PUBLIC
THE STREET EASEMENTS, ALL AS GRANTED ON SAID MAP WITHIN SAID
SUBDIVISION; AND APPROVING THE SUBDIVISION IMPROVEMENT
AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY
SAID SUBDIVISION; AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
FOR CHULA VISTA TRACT NO. 00-02, EASTLAKE BUSINESS CENTER II,
PHASE II, REQUIRING THE EASTLAKE COMPANY TO COMPLY WITH
CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO. 19666, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
On November 16, 1999, Council approved the tentative subdivision map for Chula Vista
Tract No. 00-02, Eastlake Business Center II. The developer, The Eastlake Company has
formed the Eastlake Business Center Owner Association and has requested that said
association be responsible for maintaining specific public landscaping and street
improvements. Adoption of the resolutions approves the final map, subdivision
improvement agreement, supplemental subdivision improvement agreement for the
second and last phase of development (Eastlake Business Center II), the grant of
easements, and maintenance agreement. This will be the site for Hitachi's corporate
offices, an 85,000 square-foot building that will employ at least 170 employees.
(Director of Public Works)
Staff recommendation: Council adopt the resolutions.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING THE
FIRST AMENDMENT TO THE AGREEMENT WITH MCGILL MARTIN SELF,
INC., FOR PROVIDING PROJECT MANAGEMENT AND SPECIAL TAX
CONSULTANT SERVICES FOR THE FORMATION OF COMMUNITY FACILITIES
DISTRICT NO. 06-1 (EASTLAKE- WOODS, VISTAS, AND "LAND SWAP"), AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
On April 16, 2002, Council approved the initiation of proceedings for the formation of
Community Facilities District No. 06-1, for financing the acquisition of public
infrastructure for the Eastlake Woods, Vistas, and "Land Swap" projects. Adoption of
the resolution approves the first amendment to the existing agreement with McGill
Martin Self, Inc., for providing project management and special tax consultant services
for the formation of said Community Facilities District. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
Page 3 - Council Agenda
05/07/02
6 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROPRIATING $7,000 FROM THE AVAILABLE BALANCE IN THE
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUND, FOR CAPITAL
IMPROVEMENT PROJECT STL-271, "BIKEWAY MASTER PLAN UPDATE"
(4/5THS VOTE REQUIRED)
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROPRIATING $160,000 FROM THE AVAILABLE BALANCE IN THE
TRANSPORTATION DEVELOPMENT IMPACT FEE FUND, FOR CAPITAL
IMPROVEMENT PROJECT STM-340, "EAST H STREET WIDENING PROJECT"
(4/5THS VOTE REQUIRED)
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROPRIATING $50,000 FROM THE AVAILABLE BALANCE IN THE GAS TAX
FUND, FOR A NEW CAPITAL IMPROVEMENT PROJECT (STM-350), TO
PROVIDE FOR DUAL LEFT-TURN LANES ON MAIN STREET AT THE
INTERSTATE 805 INTERCHANGE (4/5THS VOTE REQUIRED)
There are three Capital Improvement projects that staff would like to begin work on that
require an appropriation of funds in order to expedite these projects. The projects are the
Bicycle (Bikeway) Master Plan update, the south side street widening of East H Street,
adjacent to the Interstate 805 northbound ramps, and the future widening of Main Street
at the Interstate 805 interchange to provide for additional left-turn lanes onto Interstate
805. (Director of Public Works)
Staff recommendation: Council adopt the resolutions:
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
GRANTING AN 84 SQUARE-FOOT UTILITY EASEMENT TO PACIFIC BELL
TELEPHONE COMPANY, ACROSS CITY-OWNED PROPERTY, LOCATED ON
THE WEST SIDE OF PASEO RANCHERO, NORTH OF EAST "H" STREET, AND
AUTHORIZING THE MAYOR TO EXECUTE THE EASEMENT
On November 27,2001, Pacific Bell Telephone Company submitted a letter requesting a
permanent easement along Paseo Ranchero, north of East "H" Street, over City-owned
property, next to Fire Station No.4. The easement is for the installation, operation,
maintenance, replacement, and repairs of communication facilities, together with the
right of ingress and egress thereto over said easement. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING AND APPROPRIATING UNANTICIPATED GRANT REVENUE
FROM THE DEPARTMENT OF JUSTICE TO PURCHASE FIRE EMERGENCY
RESPONSE WEARING APPAREL (4/5THS VOTE REQUIRED)
In March of 2001, the Fire Department applied for a $124,400 State Emergency
Preparedness Grant from the Department of Justice. The department has received partial
funding in the amount of $38,200 to purchase basic emergency response wearing apparel.
The wearing apparel will increase fire personnel's readiness to deal with threats and
incidents of domestic terrorism. (Fire Chief)
Staff recommendation: Council adopt the resolution.
Page 4 - Council Agenda
05/07/02
9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING EXAMINATION OF SALES AND USE TAX RECORDS
In reaction to recently chaptered laws further restricting access to confidential sales and
use tax information, the State Board of Equalization is requesting that the City adopt a
replacement resolution specifying who is authorized to access the information, and under
what circumstances. (Assistant City Manager Powell)
Staff recommendation: Council adopt the resolution.
10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2002 BUDGET TO REMOVE A VACANT
.75 FULL-TIME-EQUIVALENT GRAPHIC ARTIST POSITION AND ADD A
1.0FULL-TIME-EQUIVALENT GRAPHIC DESIGNER POSITION IN
ADMINISTRATION, AND AMENDING THE FISCAL YEAR 2003 ADOPTED
SPENDING PLAN THEREFOR (4/5THS VOTE REQUIRED)
Adoption of the resolution amends the Fiscal Year 2002 budget by removing a vacant
Graphic Artist position, and adding a Graphic Designer position in Administration, and
amends the Fiscal Year 2003 adopted spending plan. This action is the result of a
request to review one vacant. 75 full-time-equivalent Graphic Artist position in the Office
of Communications. (Director of Human Resources)
Staff recommendation: Council adopt the resolution.
11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING A GRANT IN THE AMOUNT OF $20,000 FROM AGING AND
INDEPENDENCE SERVICES OF SAN DIEGO COUNTY (AIS) FOR THE
DEVELOPMENT OF A LIFE OPTIONS ANNEX FOR SENIORS AT NORMAN
PARK CENTER, AUTHORIZING THE RECREATION DIRECTOR TO EXECUTE
SUCH AGREEMENT, AND AMENDING THE FISCAL YEAR 2003 SPENDING
PLAN BY APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE
AMOUNT OF $20,000 (4/5THS VOTE REQUIRED)
Grant funding will provide for development of a Senior Life Options Program and annex
at Norman Park Center, to provide a dedicated space; purchase computers, furniture, and
materials; develop and implement a Life Options web site; print and hire contract staff to
ensure that the Life Options Program is a welcoming place for participants to get resource
information about volunteer opportunities, share ideas about community enhancement
programs, and create learning events. This program will start in Fiscal Year 2002/2003.
(Director of Recreation)
Staff recommendation: Council adopt the resolution.
Page 5 - Council Agenda
05/07102
12 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A CONTRACT, IN SUBSTANTIALLY THE FORM ATTACHED,
BETWEEN THE CITY OF CHULA VISTA AND THE CALIFORNIA DEPARTMENT
OF FISH AND GAME TO RECEIVE A NATURAL COMMUNITY CONSERVATION
PLANNING GRANT A WARD IN THE AMOUNT OF $227,666 OVER AN
APPROXIMATE TWO-YEAR PERIOD, AND AUTHORIZING THE CITY
MANAGER TO MAKE MINOR AMENDMENTS TO SAID AGREEMENT, AND
EXECUTE THE FINAL AGREEMENT (4/5THS VOTE REQUIRED)
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A TWO-PARTY AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND RECON ENVIRONMENTAL SERVICES, TO PERFORM
BIOLOGICAL CONSULTING SERVICES NECESSARY TO COMPLETE THE
TASKS OUTLINED IN THE NATURAL COMMUNITY CONSERVATION
PLANNING (NCCP) GRANT AWARD FROM THE CALIFORNIA DEPARTMENT
OF FISH AND GAME, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT (4/5THS VOTE REQUIRED)
In August 2001, the City was awarded a $227,666 grant from the California Department
of Fish and Game (CDFG) through the Natural Community Conservation Planning
(NCCP) program to hire a consultant to perform a required baseline biological study and
complete area-specific management directives for a 1,350-acre habitat preserve area. The
contract between the City of Chula Vista and CDFG would allow the City to receive the
NCCP grant award necessary to fund the work to be completed under the agreement
between the City and Recon Environmental Services. (Director of Planning and
Building)
Staff recommendation: Council adopt the resolutions.
13 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A FIFTH AMENDMENT TO AN AGREEMENT BETWEEN THE CITY
OF CHULA VISTA AND MNA CONSULTING FOR LAND USE CONSULTING
SERVICES RELATED TO THE PREPARATION OF THE FINAL DRAFT
MULTIPLE SPECIES CONSERVATION PROGRAM (MSCP) SUBAREA PLAN,
IMPLEMENTING ORDINANCES AND IMPLEMENTING AGREEMENT, AND
AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT TO SAID
AGREEMENT
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AMENDMENT TO THE AGREEMENT BETWEEN TIIE CITY OF
CHULA VISTA AND DUDEK AND ASSOCIATES, INC., FOR ENVIRONMENTAL
CONSULTING SERVICES FOR PREPARATION AND SUBMITTAL OF
ENVIRONMENTAL DOCUMENTS RELATED TO THE FINAL DRAFT MULTIPLE
SPECIES CONSERVATION PROGRAM (MSCP) SUBAREA PLAN, AND
AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT TO SAID
AGREEMENT
Page 6 - Council Agenda
05/07/02
Over the last several years, the City has been working on the preparation of a Multiple
Species Conservation Program (MSCP) Subarea Plan and associated implementing
ordinances in order to receive Incidental Take Authorization from the Wildlife Agencies.
The Take Authorization would provide for the conservation of at least 86 different
sensitive plant and animal species, while allowing development within the City to
continue. Subsequent to the City Council's adoption of the Draft MSCP Subarea Plan in
October 2000, environmental conditions changed which prompted the City to provide
further revisions to the Draft MSCP Subarea Plan. Adoption of the resolutions approves
a fifth amendment to the existing agreement with MNA Consulting for consulting
services to include preparation of a final Draft MSCP Subarea Plan, and an amendment to
the existing agreement with Dudek and Associates, Inc., to complete the Environmental
Impact Report/Environmental Assessment for the Draft MSCP Subarea Plan. (Director
of Planning and Building)
Staff recommendation: Council adopt the resolutions.
14. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN
SAID CITY ON MARCH 5, 2002, DECLARING THE RESULTS THEREOF, AND
SUCH OTHER MATTERS AS ARE PROVIDED BY LAW
The Registrar of Voters has transmitted the certified results of the General Municipal
Election held on March 5, 2002. Elections Code Section 15372 requires the City Clerk,
as the elections official, to transmit the certified results to the City Council. Elections
Code Section 15400 requires the City Council to declare the results of the election. The
proposed resolution contains the official results as reported by the Registrar of Voters.
(City Clerk)
Staff recommendation: Council adopt the resolution.
ORAL COMMUNICATIONS
Persons speaking during Oral Communications may address the Council on any
subject matter within the Council's jurisdiction that is not listed as an item on the
agenda. State law generally prohibits the Council from taking action on any issue
not included on the agenda, but, if appropriate, the Council may schedule the
topic for future discussion or refer the matter to staff. Comments are limited to
three minutes.
PUBLIC HEARINGS
The following items have been advertised as public hearings as required by law.
If you wish to speak on any item, please fill out a "Request to Speak" form
(available in the lobby) and submit it to the City Clerk prior to the meeting.
15. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN
DELINQUENT SOLID WASTE SERVICE CHARGES AS LIENS UPON THE
RESPECTIVE PARCELS OF LAND AND PLACEMENT OF DELINQUENT
CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION
Page 7 - Council Agenda
05/07/02
The Chula Vista Municipal Code Section 8.24.180 allows delinquent solid waste service
charges to be assessed as liens upon the affected properties and ultimately placed on the
property tax bills for collection. (Assistant City Manager Powell)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ASSESSING DELINQUENT SOLID WASTE SERVICE CHARGES AS LIENS
UPON THE RESPECTIVE PARCELS OF LAND AND APPROVING
PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR
TAX BILL
16. CONSIDERATION OF APPROVAL OF AMENDMENTS TO THE EASTLAKE
GREENS AND EASTLAKE TRAILS SECTIONAL PLANNING AREA (SPA), AND
ADOPTING A NEW SECTIONAL PLANNING AREA (SPA) PLAN TO BE KNOWN
AS EASTLAKE II
The applicant, The Eastlake Company, submitted an application to amend the Eastlake
Greens and EastLake Trails Sectional Planning Area (SPA) plans and associated
regulatory documents to merge these two SPA plans into a single SPA to be known as
EastLake II. The Greens and Trails SPAs are located east of the future SR-125 toll road
alignment, between Otay Lakes Road and Olympic Parkway. (Director of Planning and
Building)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AMENDMENTS TO THE EASTLAKE GREENS AND TRAILS
SECTIONAL PLANNING AREA (SPA) PLANS AND ADOPTING A NEW
SECTIONAL PLANNING AREA (SPA) PLAN TO BE KNOWN AS
EASTLAKE II
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial
discussion and deliberation by the Council, staff, or members of the public. The
items will be considered individually by the Council, and staff recommendations
may, in certain cases, be presented in the alternative. If you wish to speak on any
item, please fill out a "Request to Speak" form (available in the lobby) and
submit it to the City Clerk prior to the meeting.
17. CONSIDERATION OF ADOPTION OF A RESOLUTION APPROVING A DECISION
TO NOT EXTEND THE AGREEMENT WITH ORGANIC RECYCLING WEST FOR
COMPOSTING SERVICES, AND APPROVING A FRANCHISE
IMPLEMENTATION AGREEMENT WITH PACIFIC WASTE SERVICES FOR THE
USE OF GREEN WASTE AS ALTERNATIVE DAILY COVER (CONTINUED
FROM APRIL 23, 2002)
Page 8 - Council Agenda
05/07/02
In 1993, Pacific Waste Services began to collect source-separated green waste from
Chula Vista generators as part ofthe City's source reduction and recycling program. At
that time, Pacific Waste Services contracted directly with Organic Recycling West to
process and market the material collected in Chula Vista. In May 1997, the City entered
into a 60-month agreement with Organic Recycling West, with two optional extension
terms of two years each. Pacific Waste has continued to deliver the City's green waste to
Organic Recycling West throughout the term of the agreement. The change to
"alternative daily cover" will stabilize the program for several years, produce modest
increases in diversion, and reduce costs for the City and Pacific Waste Services. (Special
Operations Manager)
Staff recommendation: Council continue the item to the meeting of May 14, 2002.
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
18. CITY MANAGER'S REPORTS
A. Scheduling of meetings.
19. MAYOR'S REPORTS
A. Ratification of appointment to the Board of Ethics - Jesse Navarro. (Continued
from April 23, 2002)
B. Ratification of appointment to the Economic Development Commission - Daniel
Munoz.
C. Ratification of appointment to the Commission on Aging - John Acosta.
D. Consideration of approval of a letter to be submitted to the San Diego National
Wildlife Refuge.
20. COUNCIL COMMENTS
ADJOURNMENT to a Regular Meeting of May 14, 2002, at 6:00 p.m. in the Council
Chambers.
Page 9 - Council Agenda 05/07/02
March 25th, 2002
MEMO TO:
The Honorable Mayor and City Council
FROM:
Patty Davis, Councilmember
SUBJECT:
REQUEST FOR EXCUSED ABSENCE
Please be advised that I will be on vacation (out of the country)
from April 26th thru and including May 12th, 2002, and will be
unable to attend the May 7th Council meeting. To that end, I
respectfully request an excused absence.
(j~U&l---
Cc: Armando Buelna
City Clerk ** Please place the 5/7 Council packet at my desk; and deliver the
5/14 packet as usual
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PAGE 01
April I , 2002
Mayor hirley Horton and Members of the City Council
City 0 Chula Vista
276 Fo h Avenue
Chula ista, CA 91910
I
Dear l\fadam Mayor and Members of the City Council,
Please Lccept my letter of resignation to the City's Growth Management Oversight
Commfssion effective immediately. Though it has been an honor to serve as Vice-
Chair ~presenting the business community, I must step down as I have accepted a
positior in your Community Development Department.
I
,
I am c?mfortable resigning from this commission toward the end of my fourth year
becau~ your appointments of new conunissioners have been outstanding. The
comm ssion has become very proactive and has begun to request additional
respo ibilities to further monitor the threshold for current and future projects in
the Ci .
Once gain, it has been an honor serving as a commissioner for the City of Chula
Vista Thank you very much for your continued support.
I
Iy,
r
i
I
cc: I City Clerk
2A
"
April 24th, 2002
MEMO TO:
City Clerk
FROM;
SUBJECT:
WRITTEN COMMUNICATIONS
Our offices received the enclosed letter from the United States
Border Patrol requesting sponsorship from the City of Chula Vista
for the Enforcement Explorer Competition.
To that end, would you kindly place this item under Written
Communications for the Council meeting of May 7th.
Thank You!
Encls.
Cc: Armando Buelna
~: &'0 man~
~.~ atw~
28-1
~.
United States Border Patrol
Chula Vista Explorer Post #1326
~UIEOWIE~
APR 2 3 2002
\
COUNCil OffiCES
CHULA VISTA. CA
P.O. Box 210038
Chula Vista, CA 91921-0038
Dear Prospective Sponsor:
The Explorer Program is currently seeking sponsors for the Colorado River Law
Enforcement Explorer Competition, which will take place in Needles, California.
As you may be aware, the Explorers is a youth program designed to prepare
young adults into a maturing environment filled with responsibility. It also acts as an
extracurricular activity geared toward giving back to the community. We teach and
design teamwork into their daily lives, not only to prepare these recruits for law
enforcement but also for what life has to throw at them. We believe that TEAM means:
Together Everyone Achieves More.
The "Needles" law enforcement event is an experience upon which our young
recruits could demonstrate their abilities as an Explorer and put their hard training to the
test. It is a place to discover strengths and weaknesses; a place to make strengths
stronger and turn weaknesses into strengths.
Your sponsorship will allow these Explorers to continue with this growing
experience. We are also prepared to demonstrate our appreciation by providing our
volunteer help in any way. Beforehand, allow us to express our appreciation for your
time and consideration.
For more information, please feel free to contact us at the Chula Vista Border
Patrol Explorer Post (619) 662-7233 x535 and ask for Agent Samir Kourda. Thank you
very much.
Sincerely,
.----e -~
G~
Eduardo Guerra
Patrol Explorer in Charge
2 B-2-
COUNCIL AGENDA STATEMENT
Item 3
Meeting Date: 5/7/02
ITEM TITLE:
A)
Resolution Approving the Final Map of Chula
Vista Tract No. 01-09, Eastlake III Woods Neighborhood WR-4;
accepting on behalf of the public the various public streets and
accepting on behalf of the City of Chula Vista the various easements
and the dedication in fee of lot "K" for fire station purposes, all as
granted on said map within said subdivision; acknowledging on
behalf of the City of Chula Vista the Irrevocable Offer of Dedication
for open space lots granted on said map within said subdivision;
approving the Subdivision Improvement Agreement for the
completion of improvements required by said Subdivision, and
authorizing the Mayor to execute said Agreement.
SUBMITTED BY:
B) Resolution Approving a Supplemental Subdivision
Improvement Agreement for Chula Vista Tract No. 01-09, Eastlake
III Woods Neighborhood WR-4 requiring Eastlake Company, LLC to
comply with certain unfulfilled conditions of Resolution No. 2001-
269, and authorizing ..~;rvrayor to execute said Agreement.
Director of Public Works rtfV
REVIEWED BY: City Manage1!;;~ (4/5ths Vote: Yes_NoX)
On August 14, 200 I, by Resolution 2001-269, City Council approved the Tentative Subdivision Map
for Chula Vista Tract No. 01-09, Eastlake III Woods and Vistas. Later, on November 6,2001, by
Resolution 2001-375, Council approved a revision to Condition No. 80 of Resolution 2001-269. The
Final Map for Woods Neighborhood WR -4 and the associated Subdivision Improvement Agreement
and Supplemental Subdivision Improvement Agreement are now before Council for consideration
and approval.
RECOMMENDATION: That Council adopt the resolutions approving: (A) the Final Map and
Subdivision Improvement Agreement, and (B) the Supplemental Subdivision Improvement
Agreement for Eastlake III Woods Neighborhood WR -4 and authorizing the Mayor to execute said
Agreements.
BOARD/COMMISSIONS RECOMMENDATIONS: Not Applicable
DISCUSSION:
Final Map and Associated Improvement Agreements
Eastlake III Woods Neighborhood WR-4 is generally located east of Hunte Parkway and north of
Otay Lakes Road (see Exhibit I). The final map consists of the following:
3-1
Page 2, Item .3
Meeting Date: 5/7/02
Number of Nnmber of Lots for Open Total
Final Map Residential Space, Public School Sites Acreage
Lots Utilities/Public Uses
Woods Neighborhood 139 12 37.181 acres 142.667
WR-4 acres
A plat for the Woods Neighborhood WR-4 is shown in Exhibit 2.
The final map for the subdivision has been reviewed by the Department of Public Works and
Department of Planning & Building and has been found in substantial conformance with the
approved Tentative Map. All the applicable fees have been already paid by the developer. Approval
of the maps constitutes acceptance by the City of all storm drain and access, sewer and access,
assignable and irrevocable general utility, and pedestrian access easements within the subdivision.
Approval of the final map also constitutes acceptance, on behalf of the public, of the following
streets:
FINAL MAP DEDICATED STREETS
Stone Gate Street, White Alder A venue, Mountain Ash Avenue,
Woods Neighborhood WR-4 Mulberry Way, Hawthorne Creek Drive, Sadlers Creek Road, Sadlers
Creek Way, Joshua Creek Road, Joshua Creek Place, Duncan Ranch
Road, and a portion of Otay Lakes Road
Since the open space lots "A", "B", "E", "F", "G", "I", & "J" will be maintained by the Eastlake III
Homeowners' Association and Community Facility District, the City is only acknowledging the
offer of dedication of said lots on the Final Map. Approval of the map, therefore, does not constitute
acceptance of the Open Space Lots. However, Section 7050 of the Government Code of the State of
California provides that an offer of dedication shall remain open and subject to future acceptance by
the City.
A dedication in fee interest for a portion of the future fire station site, lot "K", (.843 acres) is also
granted on this map. The remaining portion of said site is located offsite on land currently owned by
the Stephen and Mary Birch Foundation (see Exhibit 2). Eastlake has already requested the City to
initiate condemnation proceedings to acquire said offsite portion. Staff anticipates bringing to
Council consideration by mid May 2002, the resolutions initiating the condemnation proceedings as
required by the applicable law.
The City's Environmental Review Coordinator has reviewed the Final Map and has determined that
it is consistent with the Eastlake III Woods and Vistas Replanning Program Final Subsequent
Environmental Impact Report and First and Second Addendums thereto (FSEIR #01-01) and other
related environmental documents. The Final Map will not result in any new environmental effects
that were not previously identified, nor would the Final Map result in a substantial increase in
severity in any impacts previously identified.
3-2-
Page 3, Item 3
Meeting Date: 5/7/02
The developer has already executed the following agreements:
. Supplemental Subdivision Improvement Agreement for Woods Neighborhood WR-4
encumbering only the land covered by the subject map in order to satisfy conditions of
approval Nos. 1,2,5,6, II, 12, 18,24,41,68,70,71,76,98,99,100,101,104,105,106,
107,108,109,110,112,117,118,137,159,160,161,162,165, 166, 167, 168, 169, 170,
171, 172, 175, 176, 177 of the Eastlake III Tentative Map.
. Subdivision Improvement Agreements for Woods Neighborhood WR-4 and has provided
bonds to guarantee construction of the required improvements and to guarantee the
subdivision monumentation.
The agreements have been reviewed by staff and are ready for Council approval. The City Attorney
has already approved the agreements as to form.
FISCAL IMP ACT: None to the General Fund. All staff costs associated with processing of the
improvement plans, final maps and associated agreements will be reimbursed from the developer's
deposits.
Attachment:
Exhibit I: Location of Woods Neighborhood 4
Exhibit 2: Plat- Woods Neighborhoods 4 Final Map
Exhibit 3: Developer's Disclosure Statement
J :\Engineer\LANDDEV\Eastlake IIl\ Woods\CASFMN4.doc
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THE CITY OF CHULA VlSTA DISCLOSURE STATEMENT
You are required to file a statement of Disclosure of certain ownership or financial interests, payments,
or campaign contributions, on all matters which will require discretionary. action on the part of the City
Councn, Planning Commission, and all other official bodies. The following lnfonnation must be disclosed:
1, Us! the names of all persons having financial interest in the property which is the subject of the
application or the contract, e.g., owner applicant, contractor, subcontractor, material supplier.
The Eas tLake Company, LLC
2. If any person" Identified pursuant to .(1) above is a' corporation or partnership, list the names of all
individuals owning more than 10% of the shares in the corporation or owning any partnership Interest
In the partnership.
Rn~WP1' Proper~ie~r Tn~,
The Tulal!:o Comoanv
3. If any person" identified pursuant to (1) above is non-profit organIzation or a trust, list the names of
any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of
the trust.
N/A
4. Have you had more than $250 worth of business transacted with any member of the City staff,
Boards, Commissions, Committees, and Council within the past twelve months? Yes No X
If yes, please indicate person(s): - -
5. ~Iease identify each and every person, including any agents, employees, consultants, or
Independent contractors who you have assigned to represent you before the City in this matter.
Curt Smith. The EastLake Comoanv, LLC
Bill Ostrem, The EastLake Company, LLC
Randv Safino, SB&O, Inc.
6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a
Councilmember in the current or preceding election period? Yes _ No.....x..... If yes, state which
Councllmember(s):
Date:
(NO,", AmeH ,"DITIONALPAO~SAR~
7/2:/02.. . ~
J . ignature of contractor/appllcant
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.:;. . ..... In tv ua. Inn. r:aapannen rp,ja ni VfnJu/'e, associDtion, social club,fteaternal organbfJJ1on. t:orpcraHan.
:~~t..":...?:.~~~ ~~:e!~~[:8)J~i~t:zJe. tJ:isandanyotht!,.counry.!.~,:!!~~cCJun!n.',~irvm,.t?;........,.,,,...; "':___1-< _ d' T.... L_
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Print or type name of contractor/applicant
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING FINAL MAP
OF CHULA VISTA TRACT NO. 01-09,
EASTLAKE III WOODS NEIGHBORHOOD WR-4;
ACCEPTING ON BEHALF OF THE PUBLIC THE
VARIOUS PUBLIC STREETS AND ACCEPTING ON
BEHALF OF THE CITY OF CHULA VISTA THE
VARIOUS EASEMENTS AND THE DEDICATION IN
FEE OF LOT "K" FOR FIRE STATION
PURPOSES, ALL AS GRANTED ON SAID MAP
WITHIN SAID SUBDIVISION; ACKNOWLEDGING
ON BEHALF OF THE CITY OF CHULA VISTA
THE IRREVOCABLE OFFER OF DEDICATION FOR
OPEN SPACE LOTS GRANTED ON SAID MAP
WITHIN SAID SUBDIVISION; APPROVING THE
SUBDIVISION IMPROVEMENT AGREEMENT FOR
THE COMPLETION OF IMPROVEMENTS REQUIRED
BY SAID SUBDIVISION, AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT
NOW, THEREFORE, BE IT RESOLVED that the City
Council of the City of Chula Vista hereby finds that that
certain map survey entitled Chula Vista Tract No. 01-09,
EastLake III Woods, Neighborhood WR-4, particularly described
as follows:
Being a subdivision of Parcel 1 and a portion of
the unsurveyed remainder parcel of Parcel Map
No. 17874 in the City of Chula Vista, County of
San Diego, State of California, filed in the
office of the County Recorder of San Diego
County, July 3, 1997, as file number 1997-
0316060 of official records,
Area: 142.667 Acres
Numbered Lots: 139
Open Space Lots: 109.777 Acres
No. of Lots: 151
Lettered Lots: 12
is made in the manner and form prescribed by law and conforms
to the surrounding surveys; and that said map and subdivision
of land shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that said Council hereby
accepts on behalf of the public the public streets, to-wit:
Stone Gate Street, White Alder Avenue, Mountain Ash Avenue,
Mulbery Way, Hawthorn Creek Drive, Sadlers Creek Road,
Sadlers Creek Way, Joshua Creek Road, Joshua Creek Place,
Duncan Ranch Road, and a portion of Otay Lakes Road, and said
1
d __-I
streets are hereby declared to be public streets
dedicated to the public use all as shown on
Neighborhood WR-4 map within said subdivision.
and
Woods
BE IT FURTHER RESOLVED that said Council hereby
accepts on behalf of the City of Chula Vista the sewer and
storm drain, pedestrian access and assignable and irrevocable
general utility and access easements, all as shown on Woods
Neighborhood WR-4 map within said subdivision.
BE IT FURTHER RESOLVED that said Council hereby
accepts on behalf of the City of Chula Vista the dedication
in fee interest of Lot "K" for fire station purposes pursuant
to Section 66477-5 of the Subdivision Map Act as shown on
Woods Neighborhood WR-4 map within said subdivision.
BE IT FURTHER RESOLVED that
acknowledges on behalf of the City
Irrevocable Offer of Dedication of Fee
HBII, \\EII, \\FI/ 1 \'8" I "III and \\JII for
public purposes all as shown on Woods
within said subdivision.
said Council hereby
of Chula Vista the
Interest of Lots "A",
open space and other
Neighborhood WR-4 map
BE IT FURTHER RESOLVED that the City Clerk of the
City of Chula Vista is hereby authorized and directed to
endorse upon said map the action of said Council; that said
Council has approved said subdivision map, and that said
public streets are accepted on behalf of the public as
therefore stated and that the dedication in fee interest of
Lot "K" for fire station purposes is accepted on behalf of
the City of Chula Vista and that the Irrevocable Offer of
Dedication of the fee interest of said lots be acknowledged,
and that those certain easements as granted on Woods
Neighborhood WR-4 map within said subdivision are accepted on
behalf of the City of Chula Vista as hereinabove stated.
IT FURTHER RESOLVED that that certain
Improvement Agreement dated the day of
, 2002, for the completion of improvements in said
subdivision, a copy of which is on file in the Office of the
City Clerk is hereby approved.
BE
Subdivision
BE IT FURTHER RESOLVED that the City Clerk is
hereby directed to transmit said map to the Clerk of the
Board of Supervisors of the County of San Diego.
2
3-8
BE IT FURTHER RESOLVED that the Mayor of the City
of Chula Vista is hereby authorized and directed to execute
said agreement for and on behalf of the City of Chula Vista.
Presented by
Approved as to form by
John P. Lippitt
Director of Public Works
~~~
Joh . Kaheny
City Attorney
J;\Attorney\Reso\Approving Final Map EL III Woods
3
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!5- I
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
~ . (~
~ Kaheny
City Attorney
Dated: 5.--- (~o 2-
Supplemental Subdivision Improvement Agreement for the Final Map of
Eastlake III Woods, Neighborhood WR-4, Chula Vista Tract No. 01-09
3-10
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, Ca. 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day
of 2002, by and between THE CITY OF CHULA
VISTA, a municipal corporation, hereinafter called "City", and
THE EASTLAKE COMPANY, LLC, 900 Lane Avenue, Suite 100, Chula
Vista, CA 91914, hereinafter called "Subdivider" with
reference to the facts set forth below, which Recitals
constitute a part of this Agreement;
RECITALS:
WHEREAS, Subdivider is about to present to the City Council
of the City of Chula Vista for approval and recordation, a final
subdivision map of a proposed subdivision, to be known as
EASTLAKE III WOODS, NEIGHBORHOOD WR-4 (CVT 01-09), pursuant to
the provisions of the Subdivision Map Act of the State of
California, and in compliance with the provisions of Title 18 of
the Chula Vista Municipal Code relating to the filing, approval
and recordation of subdivision map; and
WHEREAS, the Code provides that before said map is finally
approved by the Council of the City of Chula Vista, Subdivider
must have either installed and completed all of the public
improvements and/or land development work required by the Code
to be installed in subdivisions before final maps of
subdivisions are approved by the Council for purpose of
recording in the Office of the County Recorder of San Diego
County, or, as an alternative thereto, Subdivider shall enter
into an agreement with City, secured by an approved improvement
-1-
security to insure the performance of said work pursuant to the
requirements of Title 18 of the Chula Vista Municipal Code,
agreeing to install and complete, free of liens at Subdivider's
own expense, all of the public improvements and/or land
development work required in said subdivision within a definite
period of time prescribed by said Council; and
WHEREAS, Subdivider is willing in consideration of the
approval and recordation of said map by the Council, to enter
into this agreement wherein it is provided that Subdivider will
install and complete, at Subdivider's own expense, all the
public improvement work required by City in connection with the
proposed subdivision and will deliver to City improvement
securities as approved by the City Attorney; and
WHEREAS, a tentative map of said subdivision has heretofore
been approved, subj ect to certain requirements and conditions,
as contained in Resolution No. 2001-269, approved on the 14th
day of August, 2001 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public
improvement work have been prepared and submi t ted to the City
Engineer, as shown on Drawing Nos. 01105-01 through 01105-11
inclusive, on file in the office of the City Engineer; and
WHEREAS, an estimate of the cost of constructing said
public improvements according to said plans and specifications
has been submitted and approved by the City in the amount of ONE
MILLION EIGHT HUNDRED SEVEN THOUSAND EIGHT HUNDRED EIGHTEEN
DOLLARS AND NO CENTS ($1,807,818.00).
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider, for itself and his successors in interest,
an obligation the burden of which encumbers and runs with the
land, agrees to comply with all of the terms, conditions and
requirements of the Tentative Map Resolution; to do and perform
or cause to be done and performed, at its own expense, without
cost to City, in a good and workmanlike manner, under the
direct'ion and to the satisfaction and approval of the City
Engineer, all of the public improvement and/or land development
work required to be done in and adj oining said subdivision,
including the improvements described in the above Recitals
(" Improvement Work"); and. will furnish the necessary materials
therefor, all in strict conformity and in accordance with the
-2-
3-/2
plans and specifications, which documents have heretofore been
filed in the Office of the City Engineer and as described in the
above Recitals this reference are incorporated herein and made a
part hereof.
2. It is expressly understood and agreed that all
monuments have been or will be installed within thirty (30) days
after the completion and acceptance of the Improvement Work, and
that Subdivider has installed or will install temporary street
name signs if permanent street name signs have not been
installed.
3. It
will cause
Improvement
to be done
approval of
lS expressly understood and agreed that Subdivider
all necessary materials to be furnished and all
Work required under the provisions of this contract
on or before the second anniversary date of Council
the Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will
perform said Improvement Work as set forth hereinabove, or that
portion of said Improvement Work serving any buildings or
structures ready for occupancy in said subdivision, prior to the
issuance of any certificate of clearance for utility connections
for said buildings or structures in said subdivision, and such
certificate shall not be issued until the City Engineer has
certified in writing the completion of said public improvements
or the portion thereof serving said building or structures
approved by the City; provided, however, that the improvement
security shall not be required to cover the provisions of this
paragraph.
5. It is expressly understood and agreed to by Subdivider
that, in the performance of said Improvement Work, Subdivider
will conform to and abide by all of the provisions of the
ordinances of the City of Chula Vista, and the laws of the State
of California applicable to said work.
6. Subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the
sum of NINE HUNDRED THREE THOUSAND NINE HUNDRED NINE DOLLARS AND
NO CENTS ($903,909.00) which security shall guarantee the
faithful performance of this contract by Subdivider and is
attached hereto, marked Exhibit "A" and made a part hereof.
7. Subdivider further agrees to furnish and deliver to the
-3-
:2_17
...../ ...--.'
City of Chula Vista simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the
sum of NINE HUNDRED THREE THOUSAND NINE HUNDRED NINE DOLLARS AND
NO CENTS ($903,909.00) to secure the payment of material and
labor in connection with the installation of said public
improvements, which security is attached hereto, marked Exhibit
"B" and made a part hereof and the bond amounts as contained in
Exhibit "B", and made a part hereof.
8. Subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the
sum of FORTY-NINE THOUSAND DOLLARS AND NO CENTS ($49,000.00) to
secure the installation of monuments, which security is attached
hereto, marked Exhibit "C" and made a part hereof.
9. It is further agreed that if the Improvement Work is
not completed within the time agreed herein, the sums provided
by said improvement securities may be used by City for the
completion of the Improvement Work within said subdivision in
accordance with such specifications herein contained or
referred, or at the option of the City, as are approved by the
City Council at the time of engaging the work to be performed.
Upon certification of completion by the City Engineer and
acceptance of said work by City, and after certification by the
Director of Finance that all costs hereof are fully paid, the
whole amount, or any part thereof not required for payment
thereof, may be released to Subdivider or its successors in
interest, pursuant to the terms of the improvement security.
Subdivider agrees to pay to the City any difference between the
total costs incurred to perform the work, including design and
administration of construction (including a reasonable
allocation of overhead), and any proceeds from the improvement
security.
10. It is also expressly agreed and understood by the
parties hereto that in no case will the City of Chula Vista, or
any department, board or officer thereof, be liable for any
portion of the costs and expenses of the work aforesaid, nor
shall any officer, his sureties or bondsmen, be liable for the
payment of any sum or sums for said work or any materials
furnished therefor, except to the limits established by the
approved improvement security in accordance with the
requirements of the State Subdivision Map Act and the provisions
of Title 18 of the Chula Vista Municipal Code.
-4-
::5. ty
11. It is further understood and agreed by Subdivider that
any engineering costs (including plan checking, inspection,
materials furnished and other incidental expenses) incurred by
City in connection with the approval of the Improvement Work
plans and installation of Improvement Work hereinabove provided
for, and the cost of street signs and street trees as required
by City and approved by the City Engineer shall be paid by
Subdivider, and that Subdi vider shall deposit, prior to
recordation of the Final Map, with City a sum of money
sufficient to cover said cost.
12. It is understood and agreed that until such time as
all Improvement Work is fully completed and accepted by City,
Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer
lines within the proposed subdivision. It is further understood
and agreed that Subdivider shall guarantee all public
improvements for a period of one year from date of final
acceptance and correct any and all defects or deficiencies
arising during said period as a result of the acts or omission
of Subdivider, its agents or employees in the performance of
this agreement, and that upon acceptance of the work by City,
Subdivider shall grant to City, by appropriate conveyance, the
public improvements constructed pursuant to this agreement;
provided, however, that said acceptance shall not constitute a
waiver of defects by City as set forth hereinabove.
13. It is understood and agreed that City, as indemnitee,
or any officer or employee thereof, shall not be liable for any
injury to person or property occasioned by reason of the acts or
omissions of Subdivider, its agents or employees, or indemnitee,
related to this agreement. Subdivider further agrees to protect
and hold the City, its officers and employees, harmless from any
and all claims, demands, causes of action, liability or loss of
any sort, because of or arising out of acts or omissions of
Subdivider, its agents or employees, or indemnitee, related to
this agreement; provided, however, that the approved improvement
security shall not be required to cover the provisions of this
paragraph. Such indemnification and agreement to hold harmless
shall extend to damages to adjacent or downstream properties or
the taking of property from owners of such adjacent or
downstream properties as a result of the construction of said
subdivision and the public improvements as provided herein. It
shall also extend to damages resulting from diversion of waters,
change in the volume of flow, modification of the velocity of
the water, erosion or siltation, or the modification of the
-5-
point of discharge as the result of the construction and
maintenance of drainage systems. The approval of plans
providing for any or all of these conditions shall not
constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an
insurer or surety for the construction of the subdivision
pursuant to said approved improvement plans. The provisions of
this paragraph shall become effective upon the execution of this
agreement and shall remain in full force and effect for ten (10)
years following the acceptance by the City of the improvements.
14. Subdivider agrees to defend, indemnify, and hold
harmless the City or its agents, officers, and employees from
any claim, action, or proceeding against the City or its agents,
officers, or employees to attack, set aside, void, or annul, an
approval of the City, advisory agency, appeal board, or
legislative body concerning a subdivision, which action is
brought within the time period provided for in Section 66499.37
of the Government Code of the State of California.
15. Assignability. Upon request of the Subdivider, any or
all on-site duties and obligations set forth herein may be
assigned to Subdivider's successor in interest if the City
Manager in his/her sole discretion determines that such an
assignment will not adversely affect the City's interest. The
City Manager in his/her sole discretion may, if such assignment
is requested, permit a substitution of securities by the
successor in interest in place and stead of the original
securities described herein so long as such substituted
securities meet the criteria for security as set forth elsewhere
in this Agreement. Such assignment will be in a form approved
by the City Attorney.
-6-
-~ ~ I b
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
forth.
THE CITY OF CHULA VISTA
THE EASTLAKE COMPANY, LLC
Cli'L,,~ ~~
Mayor of the City of Chula
Vista
Debi Roth-Klingner
City Clerk
Vice President
T~~
Curt t
ATTEST
Approved as to form by
Vice President
Title
City Attorney
(Attach Notary Acknowledgment)
-7-
r:;' ~,1 I
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On this 29th day of April , 20j!L, before me, Denise M. Smith
a Notary Public in and for said State, personally appeared Debi Roth- Klingner
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person~ whose name~are subscribed to the within instrument and acknowledged to me that
he~they executed the same in his@their authorized capacity(i.e5), and that by hi~heir
signatureCs') on the instrument the person~, or the entity upon behalf of which the personW
acted, executed the instrument.
WITNESS my hand and official seal.
Signature ~ 7n- ~
NOTARY PUBLIC
(SEAL)
I@. DENISE M. SMm-! 1
Ii COMM. #t238358 ~
D NOTARY PUBUC.cAUFORNIA
I M~O~~~CCW.m,
OCTOBER 22,2003 I
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On this ~qth day of April , 20~, before me, Denise M. Smith
a notary Public in and for said State, personally appeared Curt Smith
personally known to me (0 roved to me on the basis of satisfactory evidence) to be the
~sonW whose name i are subscribed to the within instrument and acknowled~to me that
~helthey executed the same ir@her/their authorized capacity~, and that b~her/their
signature~ on the instrument the personCsJ, or the entity upon behalf of which the person(,a1
acted, executed the instrument.
WITNESS my hand and official seal.
.....
Signature 7~ 7r1.~ (SEAL)
I @~ DENISE M. SMITH I
B COMM. #t238358
NOTARY PUBUC.cAUfORNIA tl
SAN DIEGO cOj)iIITY n
, My Commission Expires -
OCTOBER 22. 2003 j
~-12
LIST OF EXHIBITS
Exhibit "A"
Improvement Security - Faithful Performance
Form:
Bond
Amount:
$903,909.00
Exhibit "B"
Improvement Security - Material and Labor:
Form:
Bond
Amount:
$903,909.00
Exhibit "C"
Improvement Security - Monuments:
Form:
Bond
Amount:
$49,000.00
Securities approved as to form and amount by
City Attorney
Improvement Completion Date: Two (2) years from date of City
Council approval of the
Subdivision Improvement Agreement.
J:\Attorney\SIA\EastLake III Woods WR-4
-8-
3-/1
RESOLUTION NO.2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT
NO. 01-09, EASTLAKE III WOODS NEIGHBORHOOD WR-
4 REQUIRING EASTLAKE COMPANY, LLC TO COMPLY
WITH CERTAIN UNFULFILLED CONDITIONS OF
RESOLUTION NO. 2001-269 and 2001-375, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
WHEREAS, the developer has
Subdivision Improvement Agreement to
conditions of City Council Resolution No.
executed
satisfy
2001-269
a Supplemental
the remaining
and 2001-375.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby approve the Supplemental
Subdivision Improvement Agreement for Chula Vista Tract No. 01-09,
Eastlake III Woods Neighborhood WR-4 requiring EastLake Company,
LLC to comply with certain unfulfilled conditions of Resolution No.
2001-269 and 2001-375, a copy of which shall be kept on file in the
office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized to execute said Agreement on
behalf of the City of Chula Vista.
Presented by
Approved as to form by
John P. Lippitt
Director of Public Works
~1~
;Oh . Kaheny
City Attorney
J:\Attorney\Reso\SSIA EL III woods WR-4
..~/ . .
,_,Y ".;..., ~ .
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORM ALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
-ii d}yt '~
~ M. Kaheny
City Attorney
Dated: S- -1- () 1.-
(:tt 3 ft'l'6)
Subdivision Improvement Agreement - Final Map of EastLake III
Woods, Neighborhood WR-4, Chula Vista Tract No. 01-09
3-2-]
City Clerk
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Above Space for Recorder's Use
EW-005F
RECORDING REQUEST BY:
WHEN RECORDED MAIL TO:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
FOR THE FINAL MAP OF EASTLAKE III WOODS, NEIGHBORHOOD
WR-4, CHULA VISTA TRACT NO. 01-09
(Conditions 1, 2, 5, 6, 10, 11, 12, 18, 24,
98, 99, 100, 101, 104, 105, 106, 107, 108,
118, 137, 159, 160, 161, 162, 165, 166, 167,
172, 175, 176, 177 of Resolution 2001-269)
41,
109,
168,
68, 70, 71,
110, 112,
169, 170,
76,
117,
171,
This Supplemental Subdivision Improvement Agreement
("Agreement") is made this day of , 2002, by
and between THE CITY OF CHULA VISTA, California ("City" for
recording purposes only) and the signators of this Agreement,
EASTLAKE COMPANY LLC, a California Limited Liability Corporation
("Developer" or "Owner"), with reference to the facts set forth
below, which recitals constitute a part of this Agreement:
RECITALS
A. This Agreement concerns and affects certain real
property located in Chula Vista, California, more particularly
described on Exhibit "A" attached hereto and incorporated herein
("Property") . The Property is within approved Tentative
Subdivision Map Chula Vista Tract 01-09 Eastlake III Woods and
Vistas and is commonly known as Eastlake III Woods Neighborhood
WR-4. For purposes of this Agreement the term "Project" shall
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also mean "Property".
B. "Owner" or "Developer" means the person, persons or
entity having a legal or an equitable interest in the property or
parts thereof and includes Owner's, successors-in-interest and
assigns of any property within the boundaries of the Property.
D. Developer or Developer's predecessor in interest has
applied for and the City has approved Tentative Subdivision Map
commonly referred to as Chula Vista Tract 01-09 ("Tentative
Subdivision Map" or Tentative Map") for the subdivision of the
Property.
E. The City has adopted Resolution No. 2001-269
("Resolution") pursuant to which it has approved the Tentative
Subdivision Map subject to certain conditions as more particularly
described in the Resolution.
F. Developer has requested the City's approval of a final
subdivision map for the Property.
G. City is willing, on the premises,
conditions herein contained to approve the
Developer has applied as being in substantial
Tentative Subdivision Map.
security, terms and
Final Map for which
conformance with the
H. The following defined terms shall have the meaning set
forth herein, unless otherwise specifically indicated:
a. For purposes of this Agreement, "Final Map" means
the final map for Eastlake III Woods Neighborhood WR-4.
b. "Complete Construction"
construction of the improvements have
inspected and accepted by the City.
shall mean that
completed and have been
c. "Guest Builder" means those
interest in the Property or a portion
the Final Map has been recorded.
entities obtaining any
of the Property, after
d. "FSEIR 01-01" means Final Subsequent Environmental
Impact Report and first and second addendums thereto.
e. "SPA Plan" means the Eastlake III Sectional
Planning Area Plan as adopted by the City Council on July 17,
2001 pursuant to Resolution No. 2001-220.
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f. "PFFP" means the Eastlake III Woods & Vistas
Public Facilities Financing Plan adopted by Resolution No.
2001-220, and as may be further amended from time to time.
g. "Parks Master Plan" means the City-wide Parks
Master Plan, subject to future City Council approval.
h. "Improvement Plans" means all the onsite and
offsite improvements required to serve the lots created by
the Final Map, in accordance with improvement plans to be
approved by the City. Said improvements shall include, but
not limited to, asphalt concrete pavement, base, concrete
curb, gutter and sidewalk, sewer, reclaimed and potable water
utilities, drainage facilities, street lights, signage,
landscaping, irrigation, fencing and fire hydrants.
NOW, THEREFORE, in exchange for the mutual covenants, terms and
conditions herein contained, the parties agree as set forth below.
1. Agreement Applicable to Subsequent Owners.
a. Agreement Binding Upon Successors. This Agreement shall
be binding upon and inure to the benefit of the successors,
assigns and interests of the parties as to any or all of the
Property as described on Exhibit "A" until released by the mutual
consent of the parties.
b. Agreement Runs with the Land. The burden of the
covenants contained in this Agreement ("Burden") is for the
benefit of the Property and the City, its successors and assigns
and any successor in interest thereto. City is deemed the
beneficiary of such covenants for and in its own right and for the
purposes of protecting the interest of the community and other
parties public or private, in whose favor and for whose benefit of
such covenants running with the land have been provided without
regard to whether City has been, remained or are owners of any
particular land or interest therein. If such covenants are
breached, the City shall have the right to exercise all rights and
remedies and to maintain any actions or suits at law or in equity
or other proper proceedings to enforce the curing of such breach
to which it or any other beneficiaries of this agreement and the
covenants may be entitled.
c. Developer Release on Guest Builder Assignments. If
Developer assigns any portion of the Project to a Guest Builder,
Developer may request to be released from Developer'S obligations
under this Agreement, that are expressly assumed by the Guest
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Builder, provided Developer obtains the prior written consent of
the City to such release. Such assignment to the Guest Builder
shall, however, be subj ect to this Agreement and the Burden of
this Agreement shall remain a covenant running with the land. The
City shall not withhold its consent to any such request for a
release so long as the assignee acknowledges that the Burden of
the Agreement runs with the land, assumes the obligations of the
Developer under this Agreement, and demonstrates, to the
satisfaction of the City, its ability to perform its obligations
under this Agreement as it relates to the portion of the Project
which is being acquired by the Assignee.
d. Partial Release of Developer's Assignees. If Developer
assigns any portion of the Project subject to the Burden of this
Agreement, upon request by the Developer or its assignee, the City
shall release the assignee of the Burden of this Agreement as to
such assigned portion if such portion has complied with the
requirements of this Agreement to the satisfaction of the City and
such partial release will not, in the opinion of the City,
jeopardize the likelihood that the remainder of the Burden will
not be completed.
e. Release of Individual Lots. Upon the occurrence of any
of the following events, Developer shall, upon receipt of the
prior written consent of the City Manager (or Manager's designee),
have the right to release any lot(s) from Developer's obligation
under this Agreement:
i. The execution of a purchase agreement for the sale
of a residential lot to a buyer of an individual housing
unit;
ll. The
Association;
conveyance
of
a
lot
to
a
Homeowner's
iii. The conveyance of a school site as identified in
the SPA Plan to a school district;
The City shall not withhold its consent to such release so long as
the City finds in good faith that such release will not jeopardize
the City's assurance that the obligations set forth in this
Agreement will be performed. At the request of the Developer, the
City Manager (or Manager's designee) shall execute an instrument
drafted by Developer in a recordable form acceptable to the City
Manager (or Manager's designee), which confirms the release of
such lot or parcel from the encumbrance of this Agreement.
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Notwithstanding the foregoing, at the close of an individual
homeowner's escrow on any lot or parcel encumbered by this
Agreement, such lot or parcel shall be automatically released from
the encumbrance hereof.
2. Condition No. 1 (General preliminary). In
satisfaction of Condition 1 of the Resolution, Developer hereby
agrees, to comply with all of the terms, covenants and conditions
contained herein shall be binding upon and inure to the benefit of
the heirs, successors, assigns and representatives of the
Developer as to any or all of the property
3. Condition No. 2 (General Preliminary). In
satisfaction of Condition No. 2 of the Resolution, Developer
hereby agrees to comply, remain in compliance and implement, the
terms, conditions and provisions, as are applicable to the
property which is the subject matter of this Tentative Map, of: 1)
Eastlake III General Development Plan (GDP); 2) Eastlake III
Sectional Planning Area (SPA) Plan; 3) Eastlake III Design
Guidelines; 4} Eastlake III Public Facilities Financing Plan; and
5) Eastlake Comprehensive Affordable Housing Program all approved
by the City Council on July 17, 2001 by Resolution No. 2001-220
and the Eastlake III Planned Community District Regulation and
Land Use Map approved by City Council Ordinance No. 2839 on July
24, 2001. The Developer shall enter into an agreement with the
City, providing the City with such security (including recordation
of covenants running with the land) and implementation procedures
as the City may required to comply with the above regulatory
documents. Said Agreement shall also ensure that, after approval
of the final map, the developer will continue to comply, remain in
compliance, and implement such Plans.
4. Condition No. 5 (General Preliminary) . In
satisfaction of Condition No. 5 of the Resolution, Developer
hereby agrees that if any of the terms, covenants or conditions
contained herein shall fail to occur, or if they are, by their
terms, to be implemented and maintained over time, and if any of
such conditions fail to be so implemented and maintained according
to their terms, the City shall have the right to revoke or modify
all approvals herein granted, including issuance of building
permits; deny, or further condition the subsequent approvals that
are derived from the approvals herein granted; and institute and
prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. The Developer
shall be notified ten (10) days in advance prior to any of the
above actions being taken by the City and shall be given the
opportunity to remedy any deficiencies identified by the City
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within a reasonable and diligent time frame.
5. Condition No. 6 (General Preliminary). In
satisfaction of condition No. 6 of the Resolution, Developer
hereby agrees to indemnify, protect, defend and hold the City
harmless from and against any and all claims, liabilities and
costs, including attorney's fees, arising from challenges to FSEIR
01-01 for the Project and/or any or all entitlements and approvals
issued by the City in connection with the Project.
6. Condition No. 10 (Fee Title Grant of Fire Station
Site). In partial satisfaction of Condition No. 10 regarding the
granting to the City on the Final Map of Lot K for the Fire
Station purposes, Developer hereby agrees that prior to the
approval of a construction and/or building permit for constructing
the Fire Station improvements, Developer shall provide evidence
acceptable to the City Engineer that said Lot K is free and clear
of all encumbrances. The encumbrances to be quitclaimed shall
include, but not be limited to, the existing 10-foot easement to
Pacific Bell granted per document recorded September 6, 1991 as
File No. 1991-0456683 as well as any other existing encumbrance on
said Lot K as determined by the City Engineer.
7. Condition No. 11 (Environmental/Preservation) . In
satisfaction of Condition 11 of the Resolution, Developer hereby
agrees, to implement, to the satisfaction of the Director of
Planning and Building, all applicable mitigation measures
identified in FSEIR-01-01 and subsequent addendums, the CEQA
Findings of Fact and the Mitigation Monitoring and Reporting
Program for the Eastlake III Project, in accordance with the
requirements, provisions and schedules contained therein, and as
further specified in these Tentative Map conditions. Modification
of the sequence of mitigation shall be at the discretion of the
Director of Planning and Building should changes in circumstances
warrant such a revision. If any permits are required to be
obtained by Developer as set forth herein, Developer shall obtain
said permits with applicable agencies in consultation with the
City.
8. Condi tion No. 12 (Environmental/Preservation) . In
satisfaction of Condition 12 of the Resolution, Developer hereby
agrees, to implement, or cause the implementation of all
mitigation measures pertaining to the Project FSEIR 01-01 and
subsequent addendums. Any such measures not satisfied by a
specific condition of this Resolution or by the project design
shall be implemented to the satisfaction of the Director of
Planning and Building. Mitigation Measures shall be monitored via
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the Mitigation Monitoring and Reporting Program approved in
conjunction with FSEIR-Ol- 01 and subsequent addendums.
Modification of the sequence of mitigation shall be at the
discretion of the Director of Planning and Building should changes
in the circumstances warrant such revision.
9. Condition No. 18 - (Street Trees). In satisfaction of
Condition No. 18 of the Resolution, Developer hereby agrees to the
following:
a. Install all street trees in accordance with Section
18.32.10 of the Chula Vista Municipal Code, the City's Landscape
Manual and approved cross-sections in the Eastlake III SPA plan;
or as otherwise approved by the Director of Parks and Recreation
and Director of Public Works.
b. Provide any and all special installation conditions as
requested by the Director of Parks and Recreation for those trees
identified in the SPA as having special installation conditions.
c. Show street trees on the landscape and irrigation plans
for approval by the Director of. Parks and Recreation and the
Director of Public Works. Approval of the street tree improvement
plans shall constitute final approval of the species selection of
street trees. Location of trees and planters shall be contingent
upon the location of street signs. Under no circumstance shall a
tree or shrub block the visibility of any street sign, regulatory,
warning or guide traffic signs.
10.
Condition
following:
Condi tion No 24 - (ADA
24 of the Resolution
Standards) . In satisfaction of
Developer hereby agrees to the
a. To construct sidewalks and pedestrian ramps on
walkways to comply with the "Americans with Disabilities
(ADA) standards, as approved by the City Engineer.
all
Act"
b. That in the event the Federal Government adopts new ADA
standards for street rights-of-way, which are in conflict with the
standards and approvals for the Project, all such approvals
conflicting with those new standards shall be updated to reflect
the new standards. Unless otherwise required by federal law, City
ADA standards may be considered vested, as determined by federal
regulations, once construction has commenced.
11. Condition No 41 - (Street Name Signs). In satisfaction
of Condition 41 of the Resolution, Developer agrees to install
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permanent street name signs prior to the issuance of the first
building permit for the Final Map.
12. Condition No 68 - (Impacts to Environmentally Sensitive
Areas) . In satisfaction of Condition 68 of the Resolution,
Developer agrees to avoid indirect impacts on the Otay Tarplant
Preserve, Preserve Lands, Salt Creek wetlands, and Otay Lakes.
Developer further agrees that fertilizers, herbicides and
pesticides shall not be applied to the manufactured slopes along
the eastern periphery of the Woods and Vistas parcels that drain
to Otay Lakes, or to the manufactured slopes immediately adjacent
to Salt Creek. In addition, Developer agrees that potable water
shall be used for irrigation on the manufactured slopes along the
eastern periphery of the woods and Vistas parcels that drain to
Otay Lakes.
13. Condition No 70 (LOMR Letter). In satisfaction of
Condition 70 of the Resolution, Developer agrees that prior to
acceptance of the two Woods detention basins and release of the
grading bond by the City, Developer shall obtain a Letter of Map
Revision (LOMR) from the Federal Emergency Management Agency
revising the current National Flood Insurance Program Maps of the
Salt Creek Channel to reflect the effect of the Salt Creek
drainage improvements
14. Condition No 71 (No Protest of Funding Mechanism).
In satisfaction of Condition 71 of the Resolution, Developer
agrees not to protest the formation of a financing district or any
other funding mechanism as approved by the City for the
maintenance of the entire Salt Creek drainage basin. The Developer
further agrees to finance the formation of such a district on a
fair share basis.
15. Condition No 76 (National Pollutant Discharge
Elimination System). In satisfaction of Condition 76 of the
Resolution, the Developer agrees to comply with all applicable
regulations established by the United States Environmental
Protection Agency (USEPA), as set forth in the National Pollutant
Discharge Elimination System (NPDES), permit requirements for
urban runoff and storm water discharge, the Clean Water Act, and
any regulations adopted by the City of Chula Vista, pursuant to
the NPDES regulations or requirements. Further, the Developer
shall file a Notice of Intent with the State Water Resources
Control Board to obtain coverage under the NPDES General Permit
for Storm Water Discharges Associated with Construction Activity
and shall implement a Storm Water Pollution Prevention Plan
(SWPPP) concurrent with the commencement of grading activities.
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The SWPPP shall include both construction and post construction
pollution prevention and pollution control measures and shall
identify funding mechanisms for post construction control
measures. The developer shall comply with all the provisions of
the NPDES and the Clean Water Program during and after all phases
of the development process, including, but not limited to, mass
grading, rough grading, construction of street and landscaping
improvements, and construction of dwelling units. The Developer
shall design the Project storm drains and other drainage
facilities to include Best Management Practices to minimize non-
point source pollution, to the satisfaction of the City Engineer.
16. Condition No. 98 (Encroachment Permit). In
satisfaction of Condition No. 98 of the Resolution, Developer
hereby agrees to apply and obtain an encroachment permit prior to
the installation of private facilities within the public right of
way. The Developer shall maintain, in perpetuity, membership in
an advance notice such as the USA Dig Alert Service and shall
cause any private facilities owned by the Developer to be marked
out whenever work is performed in the area, and shall install
shutoff devices at those locations.
17. Condition No. 99 - (Withhold Building Permits and Hold
Harmless). In satisfaction of Condition No. 99 of the Resolution,
Developer understands and agrees that the performance of
Developer's obligations hereunder is required for the health and
safety of the residents of its Project. Therefore Developer
agrees:
a. That the City may withhold building permits for the
subject subdivision if anyone of the following occurs:
i. Regional development threshold limits set by the
East Chula Vista Transportation Phasing Plan, as amended
from time to time, have been reached or in order to have the
Project comply with the Growth Management Program as may be
amended from time to time.
ii. Traffic vo~umes, levels of service, public
utilities and/or serVlces either exceed the adopted City
threshold standards or fail to comply with then effective
Growth Management Ordinance, and Growth Management Program
and any amendments thereto. Public utilities shall include,
but not be limited to, air quality, drainage, sewer and
water. Not be limited to, air quality, drainage, sewer and
water.
iii.
the PFFP,
The required public facilities, as identified in
or as amended or otherwise conditioned have not
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been completed or constructed to the satisfaction of the
City. The Developer may propose changes in the timing and
sequencing of development and the construction of
improvements affected. In such case, the PFFP may be amended,
as approved by the City's Director of Planning and Building
and the Public Works Director.
b. That, on the condition that City shall promptly notify
the Developer of any claim, action or proceeding and on the
further condition that the City fully cooperates in the defense,
the Developer shall defend, indemnify, and hold harmless the City,
and its agents, officers and employees, from any claim, action or
proceeding against the City, or its agents, officers or employees,
to attack, set aside, void or annul any approval by the City,
including approvals by its Planning Commission, City Council, or
any approval by its agents, officers, or employees with regard to
this subdivision pursuant to Section 66499.37 of the State Map
Act.
c. That cable television companies franchised by the City
of Chula Vista have equal opportunity to place conduit and provide
cable television service for each lot or unit within the Tentative
Map area. Developer further agrees to grant, by license or
easement, and for the benefit of, and to be enforceable by, the
City of Chula Vista, conditional access to cable television
conduit within the properties situated within the final map only
to those cable television companies franchised by the City of
Chula Vista, the condition of such grant being that: (i) such
access is coordinated with Developer's construction schedule so
that it does not delay or impede Developer's construction schedule
and does not require the trenches to be reopened to accommodate
that placement of such conduits; and (ii) any such cable company
is and remains in compliance with, and promises to remain in
compliance with the terms and conditions of the franchise and with
all other rules, regulations, ordinances and procedures regulating
and affecting the operation of cable television companies as same
may have been, or may from time to time be, issued by the City of
Chula Vista. Developer hereby conveys to the City of Chula Vista
the authority to enforce said covenant by such remedies as the
City determines appropriate, including revocation of said grant
upon determination by the City of Chula Vista that they have
violated the conditions of grant.
d. That the City may withhold the issuance of building
permits for the Project, should the Developer be determined by the
City to be in breach of any of the terms of the Tentative Map
Conditions or any Supplemental Agreement. The City shall provide
the Developer of notice of such determination and allow the
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Developer reasonable time to cure said breach.
e. That, on the condition that City shall promptly notify
the Developer of any claim, action or proceeding, Developer shall
defend, indemnify, and hold harmless the City, and its agents,
officers and employees, from any claim, action, or proceeding
against the City, or its agents, officers or employees, related to
erosion, siltation or increased flow of drainage resulting from
the Property. City agrees to reasonably cooperate with Developer
in the defense of any such action, claim or proceeding.
f. That the Developer participate, on a fair share basis,
in any deficiency plan or financial program adopted by SANDAG to
comply with the Congestion Management Program (CMP).
g. To not protest formation of any future regional impact
fee program or facilities benefit district to finance the
construction of regional facilities described in the Eastlake III
GDP and Eastlake III PFFP. This agreement to not protest the
inclusion of these public improvements shall not be deemed a
waiver of the right to challenge the amount of any fee, which may
be imposed due to these new improvements and shall not interfere
with the right of any person to vote in a secret ballot election.
18. Condition No 100
satisfaction of Condition No.
shall comply with all previous
Project.
(Previous Agreements). In
100 of the Resolution, Developer
agreements as they pertain to the
19. Condition No 101 - (Street Sweeping). In satisfaction
of Condition No. 101 of the Resolution, Developer shall contract
with the City's current street sweeping franchise, or other server
approved by the Director of Public Works to provide street
sweeping for each phase of development on a frequency and level of
service comparable to that provided for similar areas of the City.
Developer further agrees to cause street sweeping to commence
immediately after the final residence, in each phase, is occupied
and shall continue sweeping until such time that the City has
accepted the street, or 60 days after the completion of all punch
list items, whichever is shorter. Developer further agrees to
provide the City Special Operations Manager with a copy of the
memo requesting street sweeping service, which shall include a map
of areas to be swept and the date the sweeping will begin.
20. Condition Nos.
Improvement Plan, AQIP) -
104, 105, and 106 {Air Quality
In satisfaction of Conditions No. 104,
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105, and 106 Developer hereby agrees that no later than May 22,
2002, the Developer shall have had the Air Quality Improvement
Plan (AQIP) Developer prepared for the Project acted upon by the
Planning Commission and City Council. The Developer agrees to
implement the final approved measures and include the measures as
part of the Project. The Developer further: 1) agrees to comply
and remain in compliance with the AQIP; 2) waives any claim that
adoption of the final AQIP constitutes an improper subsequent
imposition of the condition; 3) acknowledges that the City Council
may, from time-to-time, modify air quality improvement and energy
conservation measures related to new development as various
technologies and/or programs change or become available; and 4)
agrees prior to or concurrent with each Final Map for the Project
to modify the AQIP to incorporate those new measures which are in
effect at the time. Developer further acknowledges that the new
measures shall apply, as applicable, to development within all
future final map areas, but shall not be retroactive to those
areas which receive final map approval prior to effect of the
subject new measures.
21. Condition Nos. 107, 108, and 109 - (Water Conservation
Plan, WCP) - In satisfaction of Conditions No. 107, 108, and 109
Developer hereby agrees that no later than May 22, 2002, the
Developer shall have had the Water Conservation Plan (WCP)
Developer prepared for the Project which incorporates the Pilot
Study recommendations, acted upon by the Planning Commission and
City Council. The Developer hereby agrees to implement the final
approved measures and include the measures as part of the Project.
The Developer further: 1) agrees to comply and remain in
compliance with the WCP; 2) waives any claim that the adoption of
a final WCP constitutes an improper subsequent imposition of the
condition; 3) acknowledges that the City Council may, from time-
to-time, modify water conservation measures related to new
development as various technologies and/or programs change or
become available; and 4) agrees prior to or concurrent with each
final map for the Project to modify the WCP to incorporate those
new measures, which are in effect at the time, Developer further
acknowledges that the new measures shall apply to development
within all future final map areas, but shall not be retroactive to
those areas which received final map approval prior to effect of
the subject measures.
22. Condition No 110 - (Noise Levels) - In satisfaction of
Condition No. 110 Developer hereby agrees that prior to issuance
of building permits (including model home permits) for the
Property, the Developer shall submit a detailed acoustical
analysis to the City's Environmental Review Coordinator prepared
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by a qualified acoustical consultant that demonstrates that the
building structure is adequately designed such that second-floor
interior noise levels, due to exterior sources, will be at or
below the 45 CNEL interior standard. Developer acknowledges and
agrees that where exterior noise levels exceed 60 CNEL, additional
measures shall be required to be implemented by the Developer to
attenuate interior noise to the 45 CNEL standard in compliance
with the noise mitigation measures required in the Mitigation
Monitoring Reporting Program.
23. Condition No 112 - (Community Facilities District). In
satisfaction of Condition No. 112 of the Resolution, Developer
hereby agrees to the following:
a. That a Community Facilities District ("CFD") for
funding the maintenance of public improvements and facilities
shall be formed prior to issuance of the first production
home building permit.
b. Maintenance of public improvements and facilities
shall be accomplished by the Developer for a minimum period
of one year, or until such time as accepted into the open
space district by the Director of Public Works. If Council
does not approve the CFD formation, some other financing
mechanism, such as homeowners association, or an endowment
shall be established and submitted to the City Council for
consideration prior to issuance of the first production home
building permit.
24. Condition No 117 (Open Space Lots). In satisfaction
of Condition No. 117 of the Resolution, Developer agrees to have
future property owners of lots adjacent to open space lots sign a
statement at the time of property purchase, indicating that they
are aware and acknowledge that the perimeter walls within open
space lots are the property of the Eastlake III HOA, and that they
may not modify or supplement the wall, or encroach onto Open Space
property.
25. Condition No 118 (Maintenance Agreement). In
satisfaction of Condition No. 118 of the Resolution, Developer
agrees that on or before 60 days from the date of Council approval
of this Agreement, Developer shall submit for City's approval the
grant of easements and maintenance agreement, in the form
acceptable to the City Engineer and City Attorney, and other
appropriate documentation, describing the maintenance standards
and responsibility of the MHOA's for the Open Space Areas within
the Eastlake III Project. Developer acknowledges that the MHOA's
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maintenance of the Open Space Areas may expose
liability. Developer agrees to establish the MHOA
the City harmless from any negligence of the
maintenance of such Open Space Areas.
the City to
that will hold
MHOA in the
26. Condition No 137 - (Street Trees). In satisfaction of
Condition No. 137 of the Resolution, Developer agrees to
immediately relocate, at its sole expense, the necessary above
and/or underground utilities to accommodate the required street
trees within the street tree planting easement if determined
necessary by the Director of Parks and Recreation or the City
Engineer.
27. Condition No. 159. (Fire Hydrants). In satisfaction
of Condition No. 159 of the Resolution, Developer shall provide
fire hydrants every 500 ft. for single-family residential units
and every 300 ft. for multi-family residential units. Developer
agrees that all hydrants shall be operable prior to delivery of
combustible building materials, and minimum 20 ft. wide, all-
weather fire access roads shall be in compliance with the U.F.C.
or an alternative approved by the City's Fire Marshal shall be
provided.
28. Condition No. 160. (Sprinkler Systems). In
satisfaction of Condition No. 160 of the Resolution, Developer
agrees to provide sprinkler systems in all homes that are on flag
lots where any portion of exterior wall of first story is located
more than 150 ft. from Fire Department access or as measured by
local jurisdiction to the satisfaction of the City's Fire
Marshall.
29. Condition No. 161. - (Fire Access). In satisfaction of
Condition No. 161 of the Resolution, Developer agrees to provide,
prior to issuance of the first building permit for the Project, a
20 foot wide hard surface access road and required fire hydrants
with required water pressure to the satisfaction of the Fire
Marshal.
30. Condition No. 162. (Fire Station Fee). In
satisfaction of Condition No. 162 of the Resolution, Developer
shall pay prior to issuance of each building permit Public
Facility Fees at the rate in effect at the time building permits
are issued. If the Permanent Fire Station has been constructed in
Eastlake, the Developer shall be given credit, for costs related
to construction of the permanent fire station.
14
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31. Condition No. 165. (Code Requirements). In
satisfaction of Condition No. 165 of the Resolution, Developer
shall comply with all applicable sections of the Chula Vista
Municipal Code including Chapter 15.04 "Grading Ordinance" as
amended. Preparation of the Final Map and all plans shall be in
accordance with the provisions of the Subdivision Map Act and the
City of Chula Vista Subdivision Ordinance and Subdivision Manual.
32. Condition No. 166. (Underground Utilities). In
satisfaction of Condition No. 166 of the Resolution, Developer
agrees to underground all utilities within the subdivision in
accordance with Municipal Code requirements to the satisfaction of
the City Engineer.
33. Condition No. 167. (Federal, State, and Local
regulations). In partial satisfaction of Condition No. 167 of the
Resolution, Developer agrees to comply with all relevant Federal,
State, and Local regulations, including the Clean Water Act. The
developer shall be responsible for providing all required testing
and documentation to demonstrate said compliance as required by
the City Engineer.
34. Condition No. 168 (Natural Channels in Open Space).
In partial satisfaction of Condition No 168 of the Resolution,
Developer agrees to comply with Council Policy No. 522-02
regarding maintenance of natural channels within open spaces.
35. Condition No. 169 (Watercourse and Floodplain). In
partial satisfaction of Condition No 169 of the Resolution,
Developer agrees to comply with Chula Vista Municipal code
Sections 14.04 to 14.18 and 18.54 as amended for any work proposed
within the watercourse and floodplain of Salt Creek.
36. Condition No. 170 - (Payment of Fees). In satisfaction
of Condition No 170 of the Resolution, Developer agrees to Pay the
amount of the following fees in effect at the time of issuance of
building permits:
a. The Transportation and Public Facilities
Development Impact Fees.
b. Signal Participation Fees.
c. All applicable sewer fees, including but not
limited to sewer connection fees.
d. Interim SR-125 impact fee
e. Salt Creek Sewer DIF
f. Telegraph Canyon Pumped Sewer Basin DIF, if
applicable.
15
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g. Poggi Canyon Pumped Sewer Basin DIF as may be
adopted by the City in the future if applicable.
37. Condition No. 171 (Growth Management). In
satisfaction of Condition No 171 of the Resolution, Developer
shall comply with Chapter 19.09 of the Chula Vista Municipal Code
(Growth Management) as may be amended from time to time by the
City. Said chapter includes but is not limited to: threshold
standards (19.09.04), public facilities finance plan
implementation (19.09.090), and public facilities finance plan
amendment procedures (19.09.100)
38. Condition No. 172 (Public Facilities). In
satisfaction of Condition No 172 of the Resolution, Developer
hereby agrees to the following: Install public facilities in
accordance with the Eastlake III Public Facilities Finance Plan as
may be amended from time to time, or as required by the City
Engineer to meet threshold standards adopted by the City of Chula
Vista. The City Engineer and Director of Planning & Building may,
at their discretion, modify the sequence of improvement
construction should conditions change to warrant such a revision.
39. Condition No. 175 (Master Home Owners Association).
In satisfaction of Condition No 175 of the Resolution, Developer
hereby agrees to the following:
a. Establishment of MHOA. Developer shall create a
Master Homeowner's Association ("MHOA") to own and maintain in a
professional manner open space areas, medians, parkways, Salt
Creek wetlands mitigation area, or any other improvement not
maintained by community facilities district, the City, or other
entity. Developer agrees that the City has the right to withhold
issuance of any building permits for Eastlake III project if no
MHOA is established to maintain the Open Space Areas or the City
has not approved the final version filed with the Department of
Real Estate of the MHOA's Declaration of Conditions, Covenants and
Restrictions ("CC&R's"). The City shall approve any revision to
such CC&R's.
b. HOA Documentation. On or before 60 days from the
date of Council approval of this Agreement, Developer shall submit
for City 1 S approval the CC&R' s. The MHOA shall be structured to
allow annexation of future tentative map areas in the event the
City Engineer and Director of Planning & Building requires such
annexation of future tentative map areas.
c.
The Declaration of Covenants,
Conditions,
and
16
-....w._.,
:;-'~. :/ I
Restrictions (CC&R' s) shall be submitted to and subject to the
approval of the City Engineer, City Attorney, Director of Planning
& Building, Director of Parks & Recreation and Director of Public
Works. The CC&R's shall include but not be limited to the
following provisions and obligations of the Master Homeowners
Association and/or any successor in interest (herein after
collectively referred to as "Master Homeowner Association MHOA) to:
i. Maintain all the facilities and improvements
within the open space lots offered for dedication to the
City until acceptance of the open space lots for
maintenance by the community facilities district.
ii. Before any revisions to provisions of the
CC&R's that may particularly affect the City can become
effective, said revisions shall be approved by the City.
The MHOA shall not seek approval from the City of said
revisions without the prior consent of 100% of the holders
of first mortgages or property owners within the MHOA.
iii. The MHOA shall
harmless from any claims,
liability or loss related
maintenance activities of the
indemnify
demands,
to or
MHOA.
and hold the City
causes of action
arising from the
iv. The MHOA shall
City from the maintenance
without the prior consent
holders of first mortgages
MHOA.
not seek to be released by the
obligations described herein
of the City and 100% of the
or property owners within the
v. Should the MHOA seek to be released by the
City from the maintenance obligations for the project's
open space and trails, the MHOA shall first obtain written
consent from the City and 100% of the property owners
within the MHOA.
vi. The MHOA is required to procure and maintain
a policy of comprehensive general liability insurance
written on a per occurrence basis in an amount not less
than one million dollars combined single limit. The policy
shall be acceptable to the City and name the City as
additionally insured
vii. The HOA shall be responsible for the regular
maintenance of the Greenbelt and Community trails and open
space. a maintenance program for the ordinary and usual
17
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.../ .----'
maintenance of the trails shall be established with the
approval of the City in order to minimize potential for
erosion into lower Otay Reservoir.
viii. The CC&R's shall incorporate restrictions for
each lot adjoining open space lots containing walls
maintained by the open space district to ensure that the
property owners know that the walls may not be modified or
supplemented nor may they encroach on City property.
ix. The CC&R' s shall include provisions assuring
MHOA membership in an advance notice such as the USA Dig
Alert Service in perpetuity.
x. The CC&Rs shall
provide City the right, but not
the CC&R provisions same as any
include provisions that
the obligation, to enforce
owner in the Project.
xi. The
restrictions in
revised at any
the City.
CC&R provisions setting forth
these Tentative map conditions may not be
time without prior written permission of
xii. The MHOA shall not seek to dedicate or convey
for public streets, land used for private streets without
approval of 100% of all the HOA members or holders of
first mortgages within the MHOA.
xiii. The CC&Rs shall include the requirement to
provide for the fair share of the cost of maintaining the
existing detention basin and wetland restoration areas in
the Eastlake Trails.
xiv. CC&Rs shall include provisions establishing
an HOA to assure maintenance of all open space areas and
slopes including long term maintenance of the Salt Creek
wetland mitigation area in perpetuity, as identified in
the Eastlake III Woods and Vistas Conceptual Wetland
Mitigation Plan, prepared by Helix Environmental Planning,
Inc., all subject to approval by the City's Environmental
Review Coordinator.
xv.
maintenance
granite (DG)
Provide within the master CC&Rs for the
in perpetuity of all stabilized decomposed
areas by a Homeowners Association.
xvi. CC&Rs shall include
provide for the following:
18
the
requirement
to
3':5'1
1) Repair and replacement of the proposed
beveled curbs in the Woods. City will provide
sweeping services for those streets with beveled
curbs.
2) Maintenance of the landscaped parkways
along all streets containing detached sidewalks.
3) Maintenance of all decomposed granite
(DG) areas.
40. Condition No. 176 - (DG Walkways free from Obstacles).
In satisfaction of Condition No 176 of the Resolution, Developer
hereby acknowledges and agrees that there shall be no vertical
obstacles and obstructions such as public utility vaults, boxes,
etc. placed within the decomposed granite (DG) walkways within the
project. In the event of any such obstruction placed within the
walkways, Developer agrees to immediately remove such
obstructions, upon request of the City.
41. Condition No. 177 -(MHOA). In satisfaction of Condition
No. 177 of the Resolution, Developer agrees that future property
owners will be notified during escrow, by a document to be
initialed by the owners, and approved by the City Engineer and
Director of Planning, of the maintenance responsibilities of the
MHOA and their estimated annual cost.
42. Otay Lakes Road Construction Phasing.
to the following:
Developer agrees
a. Developer hereby agrees to provide traffic barriers
and/or any other devices required by the City
Engineer for precluding access to Otay Lakes Road
from Woods Drive until construction of Otay Lakes
Road is completed and accepted by the City in strict
conformity and in accordance with Chula Vista
Drawings Nos. 01052-01 thru 01152-11 ("Full Otay
Lakes Road Improvements") .
b. In the event, Developer desires to gain access to
Otay Lakes Road from Woods Drive prior to completing
the Full Otay Lakes Road Improvements, Developer
shall obtain the approval of the City Engineer of
Improvement Plans for those partial improvements
(" Partial Otay Lakes. Road Improvements") providing
safe access to Project as determined by the City
19
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Engineer. Developer hereby agrees to provide traffic
barriers and/or any other devices required by the
City Engineer tor precluding access to Otay Lakes
Road from Woods Drive until construction of said
Partial Otay Lakes Road Improvements is completed and
accepted by the City.
43. Fire Station Site Grading.
the following:
Developer hereby agrees to
a. Grading Work. Prior to commencement of construction
of the fire station or at such earlier time as
determined by the Fire Chief and/or City Engineer,
Developer shall grade the fire station site and
provide for the removal of trees and any other
temporary improvements ("Grading Obligations") to
the satisfaction of the Fire Chief and City Engineer.
b. Security for Grading Obligations. Developer hereby
agrees to the following:
i. Concurrent with the execution of this Agreement,
Developer agrees to furnish and deliver to the
City cash deposit in the amount of $71,350
("Security Deposit") to guarantee the payment of
materials and labor in connection with the Grading
Obligations.
ii. In the event of Developer'S default or partial
default in the performance of Developer'S Grading
Obligations, City may expend said Security Deposit
for purposes of financing the grading of the fire
station site. In addition, Developer agrees to
pay to the City any difference between the total
costs incurred by the City to perform such Grading
Obligations and any proceeds from the Security
Deposit. All interest earnings on the Security
Deposit shall be retained by the City during the
period determined necessary by the City Engineer
to perform the Grading Obligations. Any
unexpended amount of the Security Deposit,
including any interest earned, shall be released
and remitted to Developer upon Completion of the
Grading Obligations set forth in this Agreement.
lll. In the event that the Grading Obligations are
reduced or the Security Deposit is replaced by
another security approved by the City, the City
Engineer shall review at Developer's request, a
20
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reduction in the amount of the Security Deposit.
The City shall not unreasonably withhold approval
of such request provided however that the fire
station Grading Obligations are adequately secured
as determined by the City Engineer at his/her sole
discretion.
44. Satisfaction of Conditions. City agrees that the
execution of this Agreement constitutes satisfaction or partial
satisfaction of Developer's obligation of Condition Nos. 1, 2, S,
6, 10, 11, 12, 18, 24, 41, 68, 70, 71, 76, 98, 99, 100, 101, 104,
lOS, 106, 107, 108, 109, 1l0, 112, 117, 118, 137, lS9, 160, 161,
162, 16S, 166, 167, 168, 169, 170, 171, 172, 17S, 176, 177 of the
Resolution.
45. Unfulfilled Conditions. Developer hereby agrees,
unless otherwise conditioned, that Developer shall comply with all
unfulfilled conditions of approval of the Tentative Map,
established by the Resolution and shall remain in compliance with
and implement the terms, conditions and provisions therein.
46. Assignability. Upon request of the Developer, any or
all on-site duties and obligations set forth herein may be
assigned to Developer's successor in interest if the City Manager
in his/her sole discretion determines that such an assignment will
not adversely affect the City's interest. The City Manager in
his/her sole discretion may, if such an assignment is requested,
permit a substitution of securities by the successor in interest
in place and stead of the original securities described herein so
long as such substituted securities meet the criteria for security
as set forth elsewhere in this Agreement. Such assignment will be
in a form approved by the City Attorney.
47. Recording. This Agreement, or an abstract hereof shall
be recorded simultaneously with the recordation of the Final Map.
48. Building Permits. Developer and Guest Builders
acknowledge and agree that the City may withhold the issuance of
building permits for the Project, should the Developer be
determined by the City to be in breach of any of the terms of this
Agreement. The City shall provide the Developer of notice of such
determination and allow the Developer with reasonable time to cure
said breach.
49. Miscellaneous.
21
::,,,, - '--I '-'"
a. Notices. Unless otherwise provided in this
Agreement or by law, any and all notices required or permitted by
this Agreement or by law to be served on or delivered to either
party shall be in writing and shall be deemed duly served,
delivered, and received when personally delivered to the party to
whom it is directed, or in lieu thereof, when three (3) business
days have elapsed following deposit in the U.S. mail, certified or
registered mail, return receipt requested, first-class postage
prepaid, addressed to the address indicated in this Agreement. A
party may change such address for the purpose of this paragraph by
giving written notice of such change to the other party.
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA. 91910
Attn: Director of Public Works
Developer:
Eastlake Company, LLC
900 Lane Avenue, Suite 100
Chula Vista, CA 91914
Attn: Curt Smith, Vice President
Tel: (619) 421-0127
A party may change such address for the purpose of this paragraph
by giving written notice of such change to the other party in the
manner provided in this paragraph.
b. Captions. Captions in this Agreement are inserted
for convenience of reference and do not define, describe or limit
the scope or intent of this Agreement or any of its terms.
c. Entire Agreement. This Agreement contains the
entire agreement between the parties regarding the subject matter
hereof. Any prior oral or written representations, agreements,
understandings, and/or statements shall be of no force and effect.
This Agreement is not intended to supersede or amend any other
agreement between the parties unless expressly noted.
d. Preparation of Agreement. No inference, assumption
or presumption shall be drawn from the fact that a party or his
attorney prepared and/or drafted this Agreement. It shall be
conclusively presumed that both parties participated equally in
the preparation and/or drafting this Agreement.
22
:;. ~ ,I ! ',I
./ '1->
e. Recitals; Attachments.
above and exhibits attached hereto are
into this Agreement.
Any recitals set forth
incorporated by reference
f. Attorneys I Fees. If either party commences
litigation for the judicial interpretation, reformation,
enforcement or rescission hereof, the prevailing party will 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.
[NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES]
23
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[PAGE ONE OF TWO SIGNATURE PAGES TO THE SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE FINAL MAP OF EASTLAKE III WOODS
NEIGHBORHOOD WR-4, CHULA VISTA TRACT NO. 01-09]
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed the day and year first hereinabove set forth.
CITY OF CHULA VISTA
Mayor
Attest:
Susan Bigelow
City Clerk
Approved as to form:
John M. Kaheny
City Attorney
[NEXT PAGE IS PAGE TWO OF TWO SIGNATURE PAGES]
24
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[PAGE TWO OF TWO SIGNATURE PAGES TO THE SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE FINAL MAP OF EASTLAKE III WOODS
NEIGHBORHOOD WR-4, CHULA VISTA TRACT NO. 01-09]
DEVELOPER/OWNER:
EASTLAKE COMPANY, LLC
900 LANE AVE, SUITE 100
CHULA VISTA, CA 91914
Vice President
BY'~
Curt Sm h
Title:
BY(~~V\I~
De ~ ot - ~ngner
Title:
Vice President
(Attach Notary Acknowledgment)
25
,.- Lf/..
......,/ 'C:..J'
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On this 29th day of April , 20..Q,L, before me, Denise M. Smith
a Notary Public in and for said State, personally appeared Debi Roth-Klingner
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person~ whose name~are subscribed to the within instrument and acknowledged to me that
he~they executed the same in his@their authorized capacity(j.e5), and that by hi~heir
signature~ on the instrument the person~, or the entity upon behalf of which the personW
acted, executed the instrument.
WITNESS my hand and official seal.
Signature .~ 71(_ ~
NOTARY PUBLIC
(SEAL)
J@~.. . DENISE M. SMITH f
i COMM. #1238358
. NOTARY PUBUC-CAUFORNIA IJ
SAN DIEGO COUNTY 0
~ . My Commission Expires ....
"gCTOBER 22, 2003 1
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On this 7.Qth day of April , 20JlL..., before me, Denise M. Smith
a notary Public in and for said State, personally appeared Curt Smith
personally known to me (0 roved to me on the basis of satisfactory evidence) to be the
~sonW whose name i are subscribed to the within instmment and acknowled~to me that
~he/they executed the same ir@her/their authorized capacity{i.es), and that b~er/their
signature~ on the instrument the person(8), or the entity upon behalf of which the personW'
acted, executed the instrument.
WITNESS my hand and official seal.
Signature ~.:Q ,'711.~ (SEAL)
I@~.. DENISE M. SMITH I
COMM. #1238358
g. NOTARY PUBUC-CAUFORNIA IJ
() SAN DIEGO COUNTY 0
I ", My Commission Expires ....
OCTOBER 22, 2003 I
~ Lfl
Exhibit" A"
Legal Description of Property
Lots I through 139 together with Lots A through D of Chula Vista Tract No. 01-09, Eastlake III
Woods, Neighborhood WR-4 in the City of Chula Vista, County of San Diego, State of
California, according to Map thereof No. , filed in the Office of the County
Recorder of San Diego County on 2002, as File No.
of Official Records.
'oF?
COUNCIL AGENDA STATEMENT
Item +
Meeting Date 5/7/02
ITEM TITLE:
A)
Resolution Approving Grant of Easements and
Maintenance Agreement for Chula Vista Tract No.00-02, Eastlake
Business Center 11, Phase II, between the Eastlake Company and the
City for the maintenance of public landscape within a portion of The
Eastlake Business Center II, Phase II and authorizing the Mayor to
execute said agreement
B) Resolution Conditionally approving Final Map of
Chula Vista Tract No. 00-02, Eastlake Business Center II, Phase II,
accepting on behalf of the City ofChula Vista the public easements
and on behalf ofthe public the street easements, all as granted on said
map within said subdivision, and approving the Subdivision
Improvement Agreement for the completion of improvements
required by said subdivision and authorizing the Mayor to execute
said agreement
C) Resolution ApprovingSupplemental Subdivision
Improvement Agreement for Chula Vista Tract No.00-02, Eastlake
Business Center II, Phase 11, requiring The Eastlake Company to
comply with certain unfulfilled conditions of Resolution 19666 and
authorizing the Mayor to execute said agreement
SUBMITTED BY:
Director of Public Works
&V
cv
City Managert [)'V
On November 16, 1999, by Resolution 19666, the City Council approved the Tentative Subdivision
Map for Chula Vista Tract No. 00-02, Eastlake Business Center 11. Said tentative map was approved
based on certain conditions in which The Eastlake Company (Developer) agreed to comply with and
which were established by said Resolution. In compliance with Condition 47 and other Tentative
Map Conditions of approval of Resolution 19666 the Developer has formed the Eastiake Business
Center Owner Association and has requested that said association be responsible for maintaining
specific public landscaping and street improvements which include the medians, parkways and inlet
inserts. The Final Map, Subdivision Improvement Agreement, Supplemental Subdivision
Improvement Agreement for the second phase (last phase) of development (Eastlake Business Center
II) and the Grant of Easements and Maintenance Agreement are now before Council for
consideration and approval. This map will be the site for Hitachi's corporate offices, an 85,000 s.f.
building that will employ at least 170 employees.
REVIEWED BY:
(4/5ths Vote: Yes_No~
4- -I
Page 2, Item 4-
Meeting Date 5/7/02
RECOMMENDA nON: That Council adopt the resolutions: (A) approving the Grant of Easement
and Maintenance Agreement; (B) conditionally approving the Final Map, and Subdivision
Improvement Agreement; and (C) approving the Supplemental Subdivision Improvement
Agreement.
DISCUSSION:
General
The project site is irregular in shape and represents the eastern area ofthe EastJake Business Center
II subdivision. The site is limited to the north by Rolling Hills Ranch, south by Otay Lakes Road,
east by Eastlake III Woods Development and to the west the undeveloped areas of the Eastlake
Business Center 1 and II phase I subdivision. A plat of the subdivision is presented in Exhibit I.
Access to the site is provided of Lane Avenue and Otay Lakes Road via Fenton Street.
The western area of the EastJake Business Center II represents the second phase of development
contained within the Final Map now before Council for approval. The Final Map for said phase
consists of fourteen (14) buildable lots and nine (9) open space lot.
Easements and Public Right-of-Way
The Final Map for the subdivision has been reviewed by the Department of Public Works and found
to be in substantial conformance with the approved Tentative Map per letter dated 4/17/02 (Exhibit
2). Approval of the Final Map constitutes acceptance by the City of all sewer, drainage, general
utility, tree planting, sidewalk and maintenance, access, sight visibility and tree planting and
maintenance easements, all as shown on said map within said subdivision. Approval ofthe map also
constitutes acceptance, on behalf ofthe public, of various public street as shown on said map within
the subdivision.
Business Owner's Association
In compliance with Condition Nos. 47 and 51 and other tentative map conditions of approval of
Resolution 19666, the Developer has utilized the existing maintenance program established by the
Business Owner's Association for Eastlake Business Center I to maintain the areas delineated by the
EastJake Business Center II Project. The Developer will amend the existing CC&R' s to specifically
include the entire Eastlake Business Center II Phase 2 with the EastJake Business Center
maintenance program. The Business Owner's Association shall provide for the maintenance of, but
not limited to, inlet inserts, slope areas, street medians, parkways, and other areas as delineated in the
Grant of Easement and Maintenance Agreement, which the developer has executed (Attachment I).
'+-2-
Page 3, Item 4
Meeting Date 5/7/02
Irrevocable Offers of Dedication
At this time, the City is acknowledging the Irrevocable Offer ofa Dedication of Fee Interest (IOD) in
Lots A through 1, for open space. The open space lot will be maintained by the Eastlake Business
Center II Business Owner's Association. It should be noted, however, that under Section 7050 ofthe
Government Code of the State of California, the aforementioned offers of dedication remain open
and subject to future acceptance by the City.
Required Infrastructure
The obligation of the Developer to construct the on-site and off-site infrastructure improvements,
monuments and bench marks as detailed in the subject conditions, has been met through the
execution of a Subdivision Improvement Agreement (Attachment 2) and a Supplemental Subdivision
Improvement Agreement (Attachment 3), respectively. Construction securities for the material and
labor and faithful performance of all the required street improvements was posted by the Developer
from a sufficient surety, whose sufficiency was approved by the City, and in the amounts approved
by the City.
The Developer has executed a Supplemental Subdivision Improvement Agreement in order to satisfy
or partially satisfy Resolution 19666 Tentative Map Conditions A, B, C, D, 2, 3, 4, 9,10,12,15,16,
20,24,57,58,59,62,63,66,67,69,70,72,73,76,77,78,79, 81, and 82 of Resolution 19666 as
they pertain to this Final Map before Council. The Developer's Disclosure Statement is attached as
Exhibit 3.
'The City's Environmental Review Coordinator has reviewed the Final Map and has determined that
it is consistent with the Eastlake Business Center 11 Mitigated Negative Declaration (IS-00-03), and
other related environmental documents. The Final Map will not result in any new environmental
effects that were not previously identified, nor would the Final Map result in a substantial increase in
severity in any impacts previously identified.
FISCAL IMPACT: All staff costs associated with processing of improvement plans and final map
will be reimbursed from developer deposits.
Attachments:
Exhibit I: Chula Vista Tract No. 00-02, Eastlake Business Center II Phase 2, Site/Vicinity Map
Exhibit 2: Substantial conformance Letter
Exhibit 3: Developer's Disclosure Statement
Attachment I: Grant of Easements and Maintenance Agreement.
Attachment 2: SubdiVision Improvement Agreement
Attachment 3: Supplemental Subdivision Improvement Agreement
J:\Engineer\LANDDEV\EastlakeBusCntrPh2\casl.doc
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EXHIBIT
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CllY OF
CHUIA VISfA
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
April 17, 2002
File # EB 002 F
Guy Asaro V.P.
The Eastlake Co.
900 Lane Ave. Suite 100
Chula Vista CA 91914
Subject:
Substantial Conformance Review
Eastlake Business Center II Phase 2 - Final Map
(Chula Vista Tract No. 00-02)
Dear Guy:
The Planning and Building Department and the Land Development Department staff
have reviewed the Final Map for The Eastlake Business Center II, Phase 2, dated April
12,2002, and the Construction Change submitted for the Hitachi site also in Phase 2 both
prepared by Hunsaker & Associates, for conformance with the approved Tentative
Subdivision Map (TM), Chula Vista Tract 00-02.
The Final Map incorporates the following deviations from the approved TM:
I. Lot sizes have been modified to accommodate development requirements for
user.
2. Open space lot configurations have been modified to maintain frontage to
public Right of Way.
The Grading Construction Change incorporates the following deviations from the
approved TM:
1. Modification to the drainage pattern oflot 14 (per the final map) resulting in a
decrease in elevation on the south side of said lot. The change in elevation is
gradual and ranges from 0 to 11 feet.
After reviewing the above deviations from the approved Tentative Map, staff has
determined that the changes are in substantial conformance with the approved Tentative
Map for the following reasons:
Lf-b
276 FOURTH AVENUE I CHULA VISTA, CALIFORNIA 91910-2631/ (619) 691-5021
Eastlake Business Center II Phase 2
Substantial Conformance Approval
April 17, 2002
page 2
· The overall subdivision design remains substantially the same as in the approved
Tentative Map.
· The street frontage remains substantially same as the approved Tentative Map,
and all lots comply with the requirements of the EastJake Business Center PC
District Regulations and Subdivision Manual.
· There is no diversion. The drainage remains in the same tributary basin, it only
enters the system at a different location, all within the EastJake Business Center II
project.
· The average lot area elevation remains consistent with the approved Tentative
Map.
For the reasons mentioned above, the Final Map EB002F and the Grading Construction
Change for EastJake Business Center II Phase 2 is deemed to be in substantial
conformance with the approved EastJake Business Center II TM (Chula Vista Tract 00-
02). The development of Phase 2 shall comply and remain in compliance with all
applicable conditions of said Tentative Subdivision Map.
Should you have any questions with regard to this matter, please contact Roberto N.
Yano, at (619) 409-5931.
Sincerely,
//
Sohaib Al-Agha,
Senior Civil Engineer
Engineering Division, Public Works Dept.
Cc: Alisa Vialpando, Hunsaker & Associates, 10179 Huennekens St., Ste. 200, San
Diego, Ca. 92121
Luis Hernandez, Principal Planner
Tom Adler, Project Engineer
Marui Borg, Envt. Project Manager
Stan Don, Associate Planner
Todd Smith, Landscape Architect
LI-0
CITY OF CHULA VISTA
f
EXHiBIT
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THE CITY OF CHULA VISTA DISCLOSURE STATEMENT
Pursuant to Council Policy 101-01, prior to any action upon matters which will require discretionary action
by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of
certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista
election must be filed. The following information must be disclosed:
I. List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
The EastLake Company, LLC
,T G_ Bo",well Land Company
2. If any person' identified pursuant to (I) above is a corporation or partnership, list the names of all
individuals with a $1000 investment in the business (corporation/partnership) entity.
J.G. Boswell
3. Ifany person' identified pursuant to (I) above is a non-profit organization or trust. list the names of
any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of
the trust.
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.
Bill Ostrem
Bud Gray
Guy Asaro
Grlry_Cint-i
Bill McKibbin
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 contract within the past 12 months'> Yes_No--x-
4-7
If Yes, briefly describe the nature of the financial interest the official" may have in this contract.
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current
member of the Chula Vista City Council? Yes No X If Yes, which Council member?
7. Have you or any member of your governing board (i.e. Corporate Board of Directors/Executives,
non-profit Board of Directors made contributions totaling more than $1,000 over the past four (4)
years to a current member of the Chula Vista City Council? Yes_No-lL _ If Yes, which
Council member?
8. Have you provided more than $300 (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 X HYes, which fficial" and what was the
nature of item provided?
Date:
/0/o~
actorl Applicant
h(/I/ A6cdO
Print or tYpe name of Contractorl Appl icant
'Pcrson is defined as: any individual, finn, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district,
or other political subdivision, -or any other group or combination acting as a unit.
HOftiei"1 includes. but IS not limited to: Mayor, Council member, Planning Commissioncr, Member of a
board, commission, or committee of the City, employee, or statTmembers.
J: \Engincer\A DM J N\CONTRACT\DISC LOSE. DOC
4-~
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA RESOLUTION APPROVING GRANT OF EASEMENTS AND
MAINTENANCE AGREEMENT FOR CHULA VISTA TRACT NO.OO-
02, EASTLAKE BUSINESS CENTER II, PHASE II, BETWEEN
THE EASTLAKE COMPANY AND THE CITY FOR THE
MAINTENANCE OF PUBLIC LANDSCAPE WITHIN A PORTION OF
THE EASTLAKE BUSINESS CENTER II, PHASE II AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
WHEREAS, the Grant of Easements and Maintenance Agreement
sets forth the Developer's Obligation to maintain landscaping in
the public right of way; and
WHEREAS, the
Owner's Association
established and turned
Obligation will be assigned to the Business
(BOA) after the landscaping has been
over to the BOA to maintain; and
WHEREAS, staff believes that the proposed agreement will
guarantee the maintenance of the aforementioned private
improvements and recommends Council approval.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve the Grant of Easements
and Maintenance Agreement for the Eastlake Business Center II,
establishing specific obligations and responsibilities for
maintenance of private landscaping within public right-of-way, a
copy of which shall be kept on file in the Office of the City
Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized to execute said agreement on
behalf of the City of Chula Vista.
Presented by
Approved as to form by
John P. Lippitt
Director of Public Works
-f)J'fft <~
J;J:1fj1f:heny
City Attorney
J:\Attorney\RESO\EL Businesses Center II, Phase II. Ease.doc
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THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
A TTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
~ ~
~M. Kaheny
City Attorney
Dated: )'./ 1-0 ~
Grant of Easements and Maintenance Agreement (Dedicated Easements)
EastLake Business Center II, Phase II, CV Tract No. 00-02
Lf -10
RECORDING REQUESTED BY: )
)
Ci ty Clerk )
)
WHEN RECORDED MAIL TO: )
)
CITY OF CHULA VISTA )
276 Fourth Avenue )
Chula Vista, CA 91910 )
)
Above Space for Recorder!s Use
GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT
(DEDICATED EASEMENTS)
This GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT
("Agreement") is made this day of
by and between the CITY OF CHULA VISTA, A
("City") and THE EASTLAKE COMPANY, LLC, A
LIABILITY COMPANY ("EastLake").
, 2002,
MUNICIPAL CORPORATION
CALIFORNIA LIMITED
RECITALS
A. WHEREAS, this Agreement concerns and affects certain
real property located in Chula Vista, California, more
particularly described in Exhibit "A" attached hereto and
incorporated herein ("Property"). The property is part of a
planned Business Center development project commonly known as
"EastLake Business Center II Phase 2". For purposes of this
Agreement the term "Project" shall also mean the "Property".
B. WHEREAS, EastLake is the owner of the Property.
C. WHEREAS, pursuant to those certain instruments recorded
in the Official Records of the San Diego County Recorder's Office
and listed in Exhibit "B", EastLake has dedicated easements for
street, landscaping, recreational trails, and sidewalk purposes,
and Water Treatment Facilities to City (collectively, referred to
herein as "Dedicated Easements") .
D. WHEREAS, on May 7, 2002, in order for EastLake to
obtain a final map for the Property and for the City to have
assurance that the maintenance of the Project's open space areas,
parkways, Water Treatment Facilities, and thoroughfare median
areas would be provided for, the City and EastLake entered into a
Supplemental Subdivision Improvement Agreement, by Resolution
No. , in which EastLake agreed that maintenance of such
areas shall be accomplished by the inclusion in the Eastlake
Business Center Owners Association, "BOA".
\\EASTI..F\KE:\USER\EDCSIlAIIE\MCKibbin\aull Cnt.- City maintanance agreement. doc
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E. WHEREAS, EastLake has decided that the above described
areas will be maintained by the Business Owners Association and
has provided for this maintenance obligation within the approved
"Amended and Restated Declaration of Covenants, Conditions and
Restrictions of the Eastlake Business Center Owners Association".
F. WHEREAS, City desires to grant to EastLake easements
for landscape maintenance purposes upon, over, and across
portions of the Dedicated Easements consisting of medians,
landscaped and hardscaped areas, Water Treatment Facilities, and
parkways which are located within said Dedicated Easements in
order to facilitate the obligations of EastLake as set forth in
the Supplemental Subdivision Improvement Agreement, adopted by
Resolution No.
NOW, THEREFORE, in consideration of the mutual covenants
herein contained, the parties agree as set forth below.
1. Grant of Easements. City hereby grants to EastLake
and its agents, successors, and assigns, non-exclusive easements
and rights-of-way over and across that portions of real property
more particularly described on Exhibit "B" for the purpose of
maintaining, repairing, and replacing the landscaping
improvements, and Water Treatment Facilities located thereon (the
easement area shall be referred to herein as the "Maintenance
Area"). The Maintenance Area is diagrammatically shown on
Exhibit "C" attached hereto.
2. Maintenance Obligations.
a. EastLake to Maintain. EastLake hereby covenants and
agrees to, at its sole cost and expense, maintain, repair and
replace, or cause to be maintained, repaired or replaced, the
Maintenance Area, including: I)all landscape and hardscape
improvements located thereon, at a level equal to or better than
the level of maintenance set forth in the Project's Landscape and
Irrigation Plan ("Landscape Plan") and II)Water Treatment
Facilities (Drainage Inlet Inserts) located on Public Roads
within the Project to the satisfaction of the City Engineer and
all as approved by the City. For purposes of this Agreement, the
term "Maintenance or Maintain" shall mean the maintenance, repair
and replacement obligations described herein.
b. Transfer to BOA. EastLake represents to the City that
it intends to and has the authority, to unilaterally transfer
said Maintenance obligations, to the Project's Business Owners
Association ("BOA"), and that such transfer has been provided for
in the appropriate BOA documents, including the BOA's Declaration
\\UlSTLA.KE\lJSER\EDCSHARE\MCl<ibbw\Bu8 Cntr Ci~y mainunance agreement.doc
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of Covenants, Conditions and Restrictions (nCC&R"s) and that such
document(s) includes the provisions described in paragraph 3(a)
(ii) below.
3. Assignment and Release.
a. Assignment. Upon EastLake s transfer of the
Maintenance obligations to the BOA, it is intended by the
parties, that the BOA shall perform the Maintenance obligations
either by its own forces or by contractors. Such transfer will
release EastLake from its obligations only if all of the
following occur:
i. BOA Accepts Obligation. The BOA has
unconditionally accepted and assumed all of EastLake's
obligations under this Agreement in writing and such assignment
provides that the Burden of this Agreement remains a covenant
running with the land and the assignee expressly assumes the
obligations of EastLake under this Agreement. The assignment
shall also have been approved by the appropriate governing body
of the BOA by resolution or similar procedural method and
approved as to form and content by the City Attorney. The City
Attorney shall not unreasonably withhold its consent to such
assignment.
11. BOA CC&R's. The City has reviewed and approved
the BOA's recorded CC&R's to confirm that said document contains
the following provisions; the BOA shall be responsible for
complying with all the terms and obligations of this Agreement,
the BOA shall be responsible for the Maintenance of the
Maintenance Area in accordance with the Landscape Plan, the BOA
shall indemnify the City for all claims, demands, causes of
action liability or loss related to or arising from the
Maintenance activities, and the BOA shall not be released by the
City from the obligations of this Agreement, without complying
with all of the following; (1) receiving the consent to such
release from the City and 100 percent of the holders of first
mortgages or owners of the Project and (2) having provided an
annuity for the benefit of the City, in an amount and in a form
approved by the City, to pay for the perpetual maintenance of
such areas to be released.
iii. BOA Insurance. The BOA procures and formally
resolves to Maintain at its sole cost and expense commencing upon
City's release of all of EastLake's landscape maintenance bonds,
a policy of comprehensive general liability insurance written on
a per occurrence basis in an amount not less than ONE MILLION
DOLLARS ($1,000,000) combined single limit. The insurer issuing
such insurance shall have a rating of nA, Class VII" or better
with no modified occurrences and as admitted by Best's Insurance
I\VlS'l'LAKE\US01\EDCSIl1lRE\McKibbin\6us cntr City ma~nUn~nr;.. "9'''....ment_c1oc
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Guide. Said Insurance shall be primary insurance and shall name
City, its officers, employees, and agents as additional insureds,
The BOA shall provide City with a Certificate of Insurance upon
acceptance of the transfer of the Maintenance obligations herein.
b. Release. When all conditions precedent in 3(a) above
are fulfilled, EastLake shall be released from its obligations
under this Agreement, including its security and insurance
requirements. EastLake acknowledges that it has a contractual
obligation to perform the terms and conditions of this Agreement
until and unless released by the City form this Agreement. At
least sixty (60) days prior to such transfer, EastLake shall give
notice, to the City of EastLake's intent to transfer its
Maintenance obligations herein and provide the City the
appropriate documents listed in paragraph 3(a) above.
4. Insurance. EastLake hereby agrees to procure and
maintain, at its sole cost and expense, in a form and content
issued by an insurer satisfactory to City, a policy of
comprehensive general liability insurance written on a per
occurrence basis in an amount not less than ONE MILLION DOLLARS
($1,000,000,000) combined single limit. The insurer issuing such
insurance shall have a rating of "A, Class VII" or better with no
modified occurrences and as admitted by Best's Insurance Guide.
Said insurance shall be primary insurance and shall name City,
its officers, employees, and agents as additional insureds.
EastLake shall provide City with a Certificate of Insurance
within sixty (60) days from the effective date of this Agreement
or no less than thirty (30) days prior to the acceptance of
Fenton street, Girard court and Otay Lakes Road improvements by
City, whichever is later. Said policy of insurance shall provide
that said insurance may not be amended such that it no longer
complies with this Section or canceled without providing thirty
(30) days prior written notice to City. In the event that said
policy of insurance is canceled, EastLake shall provide City with
new evidence of insurance in conformance with this section prior
to the cancellation date.
5. Indemnity. EastLake understands and agrees that City,
as indemnitee, or any officer, agent, or employee thereof, shall
not be liable for any injury to person or property occasioned by
reason of the acts or omissions of EastLake, its agents,
employees, successors, or assigns, related to EastLake's
Maintenance activities in the Maintenance Areas. EastLake
further agrees to protect and hold the City, its officers, agents
and employees, harmless from any and all actions, suits, claims,
damages to persons or property, costs, penalties, obligations,
errors, omissions, demands, liability, or loss of any sort
(herein "claims or liabilities"), that may be asserted or claimed
by any person, firm, or entity because of or arising out of or in
\\E:I\.STLAKE\USER\EOCSWlRE\McKibbin\BusCntr-Citymalntananceagreemenc_doc
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connection with the use, maintenance, or repair of the
Maintenance Areas by EastLake, its agents, employees, successors,
assigns, members, or contractors, excepting any negligence or
willful misconduct on the part of City, its officers, employees,
and agents.
6. Agreement Applicable to Subsequent Owners.
a. Agreement Binding Upon Successors. This Agreement
shall be binding upon and inure to the benefit of the successors,
assigns and interests of the parties as to any or all of the
Property until released by the mutual consent of the parties.
b. Agreement Runs with the Land. The burden of the
covenants contained in this Agreement ("Burden") touches and
concerns the Property and shall be binding upon, and run with,
the ownership of the Property, for which it burdens. The Burden
is for the benefit of the Property and the City, its successors
and assigns, and any successor in interest thereto. City is
deemed the beneficiary of such covenants for and in its own right
and for the purposes of protecting the interest of the community
and other parties public or private, in whose favor and for whose
benefit of such covenants running with the land have been
provided without regard to whether City has been, remained or are
owners of any particular land or interest therein. If such
covenants are breached, the City shall have the right to exercise
all rights and remedies and to maintain any actions or suits at
law or in equity or other proper proceedings to enforce the
curing of such breach to which it or any other beneficiaries of
this Agreement and the covenants may be entitled.
7. Governing Law. This Agreement shall be governed and
construed in accordance with the laws of the State of California.
8. Effective Date. The terms and conditions of this
Agreement shall be effective as of the date this Agreement is
recorded in the Official Records of the San Diego County
Recorder's Office.
9. Counterparts. This Agreement may be executed in any
number of counterparts, each of which shall be original and all
of which shall constitute one and the same document.
10. Recording. The parties hereto shall cause this
Agreement to be recorded in the Official Records of the San Diego
County Recorder's Office within 30 days after this Agreement has
been approved by the City Council.
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11. Miscellaneous Provisions.
a. Notices. Unless otherwise provided in this Agreement
or by law, any and all notices required or permitted by this
Agreement or by law to be served on or delivered to either party
shall be in writing and shall be deemed duly served, delivered,
and received when personally delivered to the party to whom it is
directed, or in lieu thereof, when three (3) business days have
elapsed following deposit in the U.S. mail, certified or
registered mail, return receipt requested, first-class postage
prepaid, addressed to the address indicated in this Agreement. A
party may change such address for the purpose of this paragraph
by giving written notice of such change to the other party.
CITY OF CHULA VISTA
Department of Public Works/Engineering Division
276 Fourth Avenue
Chula Vista, CA 91910
Attn: City Engineer
THE EASTLAKE COMPANY
900 Lane Avenue, Suite 100
Chula Vista, CA 91914
Attn: Guy Asaro
A party may change such address for the purpose of this
paragraph by giving written notice of such change to the other
party in the manner provided in this paragraph.
b. Captions. Captions in this Agreement are inserted for
convenience of reference and do not define, describe or limit the
scope or intent of this Agreement or any of its terms.
c. Entire Agreement. This Agreement, together with any
other written document referred to herein, embody the entire
Agreement and understanding between the parties regarding the
subject matter hereof and any and all prior or contemporaneous
oral or written representations, agreements, understandings,
and/or statements shall be of no force and effect. This
Agreement is not intended to supersede or amend any other
agreement between the parties unless expressly noted.
d. Recitals; Exhibits. Any recitals set forth above and
any attached exhibits are incorporated by reference into this
Agreement.
e. Compliance with Laws. In the performance of its
obligations under this Agreement, EastLake, its agents, and
employees shall comply with any and al applicable federal, state,
\\E'.ASTLAKE\US"R\EDCSHl\RE\"cKibbm\B"~ Cntr City maintananc" agreement_doc
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and local laws, regulations, ordinances, policies, permits, and
approvals.
f. Authority of Signatories. Each signatory and party
hereto hereby warrants and represents to the other party that it
has legal authority and capacity and direction from its principal
to enter into this Agreement, and that all resolutions and/or
other actions have been taken so as to enable said signatory to
enter into this Agreement.
g. Modification. This Agreement may not be modified,
terminated, or rescinded, in whole or in part, except by written
instrument duly executed and acknowledged by the parties hereto,
their successors, or assigns and duly recorded in the Official
Records of the San Diego County Recorder's Office.
h. Severability. If any term, covenant or condition of
this Agreement or the application thereof to any person or
circumstance shall, to any extent, be invalid or unenforceable,
the remainder of this Agreement, or the application of such term,
covenant, or condition to person or circumstances other than
those as to which it is held invalid or unenforceable, shall not
be affected thereby and each term, covenant, or condition shall
be valid and be enforced to the fullest extent permitted by law.
i. Preparation of Agreement. No inference, assumption or
presumption shall be drawn form the fact that a party or its
attorney prepared and/or drafted this Agreement. It shall be
conclusively presumed that both parties participated equally in
the preparation and/or drafting of this Agreement.
(NEXT PAGE IS SIGNATURE PAGE)
\ \!::A5TLAK~\USER\EDCSHARE\McKibbin\BuB Crltr City maimanance agreement. doc
4 17
SIGNATURE PAGE TO
GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT
(DEDICATED EASEMENTS)
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first hereinabove set
forth.
CITY OF CHULA VISTA
THE EASTLAKE COMPANY,
LLC, a California limited
liability com a y
By:
Shirley Horton, Mayor
By:
By:
ill T.
presi,d~
~~aro
Vice President
Attest:
By:
Susan Bigelow, City Clerk
Approved as to form:
By:
John M. Kaheny, City Attorney
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4-11
Exhibit "A"
Legal Description of the Property.
Exhibit "B" List of Easements for street, landscaping,
recreational trails, and sidewalk purposes
Exhibit "e" the Maintenance Area diagrammatically shown
\\EAS'rLAKE\USE:R\F;DCS~RE\M~Kibbin\Bu9 Cn~r City maintanance agreement.doc
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EXHIBIT "A"
LEGAL DESCRIPTION
ALL OF CHULA VISTA TRACT NO. 00-02 ACCORDING TO MAP THEREOF NO.
AND THAT PORTION OF OTAY LAKES ROAD DEDICATED TO THE PUBLIC PER MAP NO.
12545 LYING ADJACENT TO AND 11 FEET SOUTHERLY OF SAID MAP NO.
ALL IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
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PAGE 1 OF 1
:ds M:\0578\007\Legal Descriptions\A01 Easement Maint. Exhibit A.doc
WO 578-7 4/22/02
EXHIBIT "B"
LEGAL DESCRIPTION
LIST OF STREETS PUBLICLY DEDICATED TO THE CITY OF CHULA VISTA:
1 ) FENTON STREET
a) DEDICATED PER CHULA VISTA TRACT NO. 00-02, EASTLAKE BUSINESS CENTER
II, PHASE 1 ACCORDING TO MAP NO. 13971
b) DEDICATED PER CHULA VISTA TRACT NO. 00-02, EASTLAKE BUSINESS CENTER
II, PHASE 2 ACCORDING TO MAP NO.
2) GIRARD COURT
a) DEDICATED PER CHULA VISTA TRACT NO. 00-02, EASTLAKE BUSINESS CENTER
II, PHASE 2 ACCORDING TO MAP NO.
3) OTAY LAKES ROAD
a) THAT PORTION OF OTAY LAKES ROAD AS DEDICATED PER MAP NO. 12545
LYING ADJACENT TO AND 11 FEET SOUTHERLY OF MAP NO.
4-22-
PAGE 1 OF 1
:ds M:\0578\007\Legal Descriptions\A02 Easement Maint. Exhibit 8.doc
WO 578-07 4/22/02
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RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA CONDITIONALLY APPROVING FINAL MAP OF
CHULA VISTA TRACT NO. 00-02, EASTLAKE BUSINESS
CENTER II, PHASE II, ACCEPTING ON BEHALF OF THE
CITY OF CHULA VISTA THE PUBLIC EASEMENTS AND ON
BEHALF OF THE PUBLIC THE STREET EASEMENTS, ALL AS
GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND
APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR
THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISION AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista hereby finds that certain map survey
entitled Chula Vista Tract No. 00-02 EASTLAKE BUSINESS CENTER II,
phase II and more particularly described as follows:
Being a subdivision of a portion of the "unsurveyed
remainder" parcel of parcel map no. 18476 filed in
the office of the County Recorder of san Diego
County, May 17, 2000 as file no. 2000-0255675 of
official records and the remainder parcel of Chula
vista tract no. 00-02, according to map thereof no.
13971, filed in the office of the County Recorder
of San Diego County on May 26, 2000, all in the
City of Chu1a Vista, County of San Diego, State of
California.
Area: 86.006 acres
No. of Lots: 23
Numbered Lots: 14
Lettered Lots: 9
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby conditionally approved and accepted.
BE IT FURTHER RESOLVED that the City of Chula Vista
conditionally approves Final Map of Chula Vista Tract No. 00-02,
EASTLAKE BUSINESS CENTER II, Phase II.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the public the public streets, to-wit: Girard Court
and portion of Fenton Street and said streets are hereby declared
to be public streets and dedicated to the public use.
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BE IT FURTHER RESOLVED that a deed granting an
irrevocable offer of fee interest in Lots A through I are hereby
presently acknowledged, but the Council reserves the right,
pursuant to Section 7050 of the California Government Code, to
accept said irrevocable offer at some future time.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the City of Chula Vista, the 5.50 foot Street Tree
Planting and Maintenance easement with the rights of ingress and
egress for the construction and maintenance of street tree planting
as shown on said map within this subdivision.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the City of Chula Vista, the Assignable and
irrevocable 10.00 foot General Utility Easement for the
installation and maintenance of public utilities as shown on said
map within this subdivision.
BE IT FURTHER RESOLVED that City Clerk is hereby directed
to transmit said map to the Clerk of the board of supervisors of
the County of San Diego
BE IT FURTHER RESOLVED that certain Subdivision
Improvement Agreement dated the 7th day of May, 2002, for the
completion of improvements in said subdivision, a copy of which is
on file in the Office of the City Clerk, is hereby approved.
Presented by
Approved as to form by
JO~~YC~
City At orney
John P. Lippitt
Director of Public Works
J:\Attorney\RESO\EL Businesses Center II, phase II. Final Map.doc
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THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
A TTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
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John M. Kaheny
City Attorney
Dated: S- ~(~ 6 L-
Subdivision Improvement Agreement - EastLake Business Center II,
Phase II, Chula vista Tract No. 00-02
4-20
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, Ca. 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day
of 2002, by and between THE CITY OF CHULA
VISTA, a municipal corporation, hereinafter called "City", and
THE EASTLAKE COMPANY, 900 Lane Avenue, Suite 100, Chula Vista,
CA 91914, hereinafter called "Subdivider" with reference to the
facts set forth below, which Recitals constitute a part of this
Agreement;
RECITALS:
WHEREAS, Subdivider is about to present to the City Council
of the City of Chula Vista for approval and recordation, a final
subdivision map of a proposed subdivision, to be known as
EASTLAKE BUSINESS CNETER II, PHASE 2, CHULA VISTA TRACT 00-02,
pursuant to the provisions of the Subdivision Map Act of the
State of California, and in compliance with the provisions of
Title 18 of the Chula Vista Municipal Code relating to the
filing, approval and recordation of subdivision map; and
WHEREAS, the Code provides that before said map is finally
approved by the Council of the City of Chula Vista, Subdivider
must have either installed and completed all of the public
improvements and/or land development work required by the Code
to be installed in subdivisions before final maps of
subdivisions are approved by the Council for purpose of
recording in the Office of the County Recorder of San Diego
County, or, as an alternative thereto, Subdivider shall enter
into an agreement with City, secured by an approved improvement
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security to insure the performance of said work pursuant to the
requirements of Title 18 of the Chula Vista Municipal Code,
agreeing to install and complete, free of liens at subdivider's
own expense, all of the public improvements and/or land
development work required in said subdivision within a definite
period of time prescribed by said Council; and
WHEREAS, Subdivider is willing in consideration of the
approval and recordation of said map by the Council, to enter
into this agreement wherein it is provided that Subdivider will
install and complete, at Subdivider's own expense, all the
public improvement work required by City in connection with the
proposed subdivision and will deliver to City improvement
securities as approved by the City Attorney; and
WHEREAS, a tentative map of said subdivision has heretofore
been approved, subject to certain requirements and conditions,
as contained in Resolution No. 19666, approved on the 16th day
of November, 1999 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public
improvement work have been prepared and submitted to the City
Engineer, as shown on Drawings Nos. 01038-01 through 01038-11
inclusive, on file in the office of the City Engineer; and
WHEREAS, an estimate of the cost of constructing said
public improvements according to said plans and specifications
has been submitted and approved by the City in the amount of ONE
MILLION SIXTEEN THOUSAND THREE HUNDRED ONE DOLLARS AND NO CENTS
($1,016,301.00) .
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider, for itself and his successors in interest,
an obligation the burden of which encumbers and runs with the
land, agrees to comply with all of the terms, conditions and
requirements of the Tentative Map Resolution; to do and perform
or cause to be done and performed, at its own expense, without
cost to City, in a good and workmanlike manner, under the
direction and to the satisfaction and approval of the City
Engineer, all of the public improvement and/or land development
work required to be done in and adjoining said subdivision,
including the improvements described in the above Recitals
(" Improvement Work"); and will furnish the necessary materials
therefor, all in strict conformity and in accordance with the
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plans and specifications, which documents have heretofore been
filed in the Office of the City Engineer and as described in the
above Recitals this reference are incorporated herein and made a
part hereof.
2. It is expressly understood and agreed that all
monuments have been or will be installed within thirty (30) days
after the completion and acceptance of the Improvement Work, and
that Subdivider has installed or will install temporary street
name signs if permanent street name signs have not been
installed.
3.
It is expressly understood and agreed that Subdivider
all necessary materials to be furnished and all
Work required under the provisions of this contract
on or before the second anniversary date of Council
the Subdivision Improvement Agreement.
will cause
Improvement
to be done
approval of
4. It is understood and agreed that Subdivider will
perform said Improvement Work as set forth hereinabove, or that
portion of said Improvement Work serving any buildings or
structures ready for occupancy in said subdivision, prior to the
issuance of any certificate of clearance for utility connections
for said buildings or structures in said subdivision, and such
certificate shall not be issued until the City Engineer has
certified in writing the completion of said public improvements
or the portion thereof serving said building or structures
approved by the City; provided, however, that the improvement
security shall not be required to cover the provisions of this
paragraph.
5. It is expressly understood and agreed to by Subdivider
that, in the performance of said Improvement Work, Subdivider
will conform to and abide by all of the provisions of the
ordinances of the City of Chula Vista, and the laws of the State
of California applicable to said work.
6. Subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the
sum of ONE MILLION SIXTEEN THOUSAND THREE HUNDRED ONE DOLLARS
AND NO CENTS ($1,016,301. 00) which security shall guarantee the
faithful performance as a part of the bond for labor and
materials of this contract by Subdivider and is attached hereto,
marked Exhibit "A" and made a part hereof.
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7. Subdivider further agrees to furnish and deliver to the
City of Chula Vista simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the
sum of ONE MILLION SIXTEEN THOUSAND THREE HUNDRED ONE DOLLARS
AND NO CENTS ($1,016,301.00) to secure the payment of material
and labor in connection with the installation of said public
improvements, which security is attached hereto, marked Exhibit
"E" and made a part hereof and the bond amounts as contained in
Exhibit "E", and made a part hereof.
8. Subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the
sum of FOURTEEN THOUSAND DOLLARS AND NO CENTS ($14,000.00) to
secure the installation of monuments, which security is attached
hereto, marked Exhibit "C" and made a part hereof.
9. It is further agreed that if the Improvement Work is
not completed within the time agreed herein, the sums provided
by said improvement securities may be used by City for the
completion of the Improvement Work within said subdivision in
accordance with such specifications herein contained or
referred, or at the option of the City, as are approved by the
City Council at the time of engaging the work to be performed.
Upon certification of completion by the City Engineer and
acceptance of said work by City, and after certification by the
Director of Finance that all costs hereof are fully paid, the
whole amount, or any part thereof not required for payment
thereof, may be released to Subdivider or its successors in
interest, pursuant to the terms of the improvement security.
Subdivider agrees to pay to the City any difference between the
total costs incurred to perform the work, including design and
administration of construction (including a reasonable
allocation of overhead), and any proceeds from the improvement
security.
10. It is also expressly agreed and understood by the
parties hereto that in no case will the City of Chula Vista, or
any department, board or officer thereof, be liable for any
portion of the costs and expenses of the work aforesaid, nor
shall any officer, his sureties or bondsmen, be liable for the
payment of any sum or sums for said work or any materials
furnished therefor, except to the limits established by the
approved improvement security in accordance with the
requirements of the State Subdivision Map Act and the provisions
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of Title 18 of the Chula Vista Municipal Code.
11. It is further understood and agreed by Subdivider that
any engineering costs (including plan checking, inspection,
materials furnished and other incidental expenses) incurred by
City in connection with the approval of the Improvement Work
plans and installation of Improvement Work hereinabove provided
for, and the cost of street signs and street trees as required
by City and approved by the City Engineer shall be paid by
Subdivider, and that Subdivider shall deposit, prior to
recordation of the Final Map, with City a sum of money
sufficient to cover said cost.
12. It is understood and agreed that until such time as
all Improvement Work is fully completed and accepted by City,
Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer
lines within the proposed subdivision. It is further understood
and agreed that Subdivider shall guarantee all public
improvements for a period of one year from date of final
acceptance and correct any and all defects or deficiencies
arising during said period as a result of the acts or omission
of Subdivider, its agents or employees in the performance of
this agreement, and that upon acceptance of the work by City,
Subdivider shall grant to City, by appropriate conveyance, the
public improvements constructed pursuant to this agreement;
provided, however, that said acceptance shall not constitute a
waiver of defects by City as set forth hereinabove.
13. It is understood and agreed that City, as indemnitee,
or any officer or employee thereof, shall not be liable for any
injury to person or property occasioned by reason of the acts or
omissions of Subdivider, its agents or employees, or indemnitee,
related to this agreement. Subdivider further agrees to protect
and hold the City, its officers and employees, harmless from any
and all claims, demands, causes of action, liability or loss of
any sort, because of or arising out of acts or omissions of
Subdivider, its agents or employees, or indemnitee, related to
this agreement; provided, however, that the approved improvement
security shall not be required to cover the provisions of this
paragraph. Such indemnification and agreement to hold harmless
shall extend to damages to adjacent or downstream properties or
the taking of property from owners of such adjacent or
downstream properties as a result of the construction of said
subdivision and the public improvements as provided herein. It
shall also extend to damages resulting from diversion of waters,
change in the volume of flow, modification of the velocity of
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the water, erosion or siltation, or the modification of the
point of discharge as the result of the construction and
maintenance of drainage systems. The approval of plans
providing for any or all of these conditions shall not
constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an
insurer or surety for the construction of the subdivision
pursuant to said approved improvement plans. The provisions of
this paragraph shall become effective upon the execution of this
agreement and shall remain in full force and effect for ten (10)
years following the acceptance by the City of the improvements.
14. Subdivider agrees to defend, indemnify, and hold
harmless the City or its agents, officers, and employees from
any claim, action, or proceeding against the City or its agents,
officers, or employees to attack, set aside, void, or annul, an
approval of the City, advisory agency, appeal board, or
legislative body concerning a subdivision, which action is
brought within the time period provided for in Section 66499.37
of the Government Code of the State of California.
15. Assignability. Upon request of the Subdivider, any or
all on-site duties and obligations set forth herein may be
assigned to Subdivider's successor in interest if the City
Manager in his/her sole discretion determines that such an
assignment will not adversely affect the City's interest. The
City Manager in his/her sole discretion may, if such assignment
is requested, permit a substitution of securities by the
successor in interest in place and stead of the original
securities described herein so long as such substituted
securities meet the criteria for security as set forth elsewhere
in this Agreement. Such assignment will be in a form approved
by the City Attorney.
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IN WITNESS
agreement to be
forth.
WHEREOF, the parties hereto have caused this
executed the day and year first hereinabove set
ATTEST
T. Ostrem, President
THE CITY OF CHULA VISTA
Mayor of the City of Chula
Vista
City Clerk
Approved as to form by
City Attorney
(Attach Notary Acknowledgment)
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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Igi State of California ~
County of San Diego
On April 17, 2002 before me, Silvana C. Brazell, notary Dublic
Date Name and Ti~e of Officer (e,g" "Jane Doe. Notary Public")
personally appeared William T. Ostrem and Guy Asaro
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Prod,No.5907
Reorder: Call Toll-Free 1-800.876.6827
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LIST OF EXHIBITS
Exhibit "A"
Improvement Security - Faithful Performance
(part of the Material
and Labor Bond)
Form:
Bond
Amount:
$1,016,301
Exhibit "B"
Improvement Security - Material and Labor:
Form:
Bond
Amount:
$1,016,301
Exhibit "C"
Improvement Security - Monuments:
Form:
Bond
Amount:
$14,000
Securities approved as to form and amount by
City Attorney
Improvement Completion Date: Two (2) years from date of City
Council approval of the Subdivision
Improvement Agreement.
J:\Attorney\SIA\EL Business Cntr II Phase 2
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RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT
NO.00-02, EASTLAKE BUSINESS CENTER II, PHASE
II, REQUIRING THE EASTLAKE COMPANY TO COMPLY
WITH CERTAIN UNFULFILLED CONDITIONS OF
RESOLUTION 19666 AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
WHEREAS, the developer has executed a Supplemental
Subdi vision improvement agreement which addresses several
outstanding conditions of the tentative map.
NOW, THEREFORE, BE IT RESOLVED that the City Council
of the City of Chula Vista hereby approves the Final Map
Supplemental Subdivision Improvement Agreement for the
EASTLAKE BUSINESS CENTER II, Phase II Chula Vista Tract No.
00-02, a copy of which shall be kept on file in the Office of
the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized to execute said agreement on
behalf of the City of Chula Vista.
Presented by
Approved as to form by
John P. Lippitt
Director of Public Works
h~ J)1I ~
J~ Kaheny
City Attorney
J:\Attorney\RESO\EL Businesses Center II, Phase II. Supp. Subdiv.doc
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THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
A TTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
R~ <f>>t <~
M. Kaheny
City Attorney
Dated: r --/- tJ ~
Supplemenual Subdivision Improvement Agreement for Eastlake Business
Center II Final Map Chula Vista Tract No. 00-02
4-37
RECORDING REQUEST BY:
)
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)
)
)
)
)
)
)
City Clerk
WHEN RECORDED MAIL TO:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a
conveyance to a public agency of
less than a fee interest for which
no cash consideration has been paid
or received.
Developer
Above Space for Recorder's Use
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
FOR EASTLAKE BUSINESS CENTER II FINAL MAP
CHULA VISTA TRACT NO. 00-02
(Condmons A,B,C, D,2,3,4,9, 10, 12, 15, 16,20,24,57,58,59,62,63,66,67,69,70,
72,73,76,77, 78, 79, 81, and 82 of Resolution 19666 for this Project)
This Supplemental Subdivision Improvement Agreement ("Agreement") is made this
_day of ,2000, by and between THE CITY OF CHULA VISTA,
California ("City" or "Grantee" for recording purposes only) and THE EAST LAKE
COMPANY, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY ("Developer" or
"Grantor"), with reference to the facts set forth below, which recitals constitute a part of this
Agreement:
RECITALS
A. This Agreement concerns and affects certain real property located in Chula Vista,
California, more particularly described on Exhibit "A" attached hereto and
incorporated herein ("Property"). The Property is referred to as EastLake Business
Center II, Chula Vista Tract No. 00-02. For purposes of this Agreement the term
"Project" shall mean "Property".
B. Developer is the owner of the Property.
C. Developer has applied for and the City has approved a Tentative Supdivision Map
--1:'>)
commonly referred to as Chula Vista Tract No. 00-02, EAST LAKE BUSINESS
CENTER II, ('Tentative Subdivision Map") for the subdivision of the Property.
D. The City has adopted Resolution 19666 ("Resolution") pursuant to which it has
approved the Tentative Subdivision Map subject to certain conditions as more
particularly described in the Resolution.
E. City is willing, on the premises, security, terms and conditions herein contained to
approve the Final Map for which Developer has applied as being in substantial
conformance with the Tentative Subdivision Map described in this Agreement.
F. The following defined terms shall have the meaning set forth herein, unless
otherwise specifically indicated:
a. "Complete Construction" means when construction of required improvements
has been completed and accepted by the City.
NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein
contained, the parties agree as set forth below.
1. Agreement Applicable to Subsequent Owners.
1.1 Agreement Binding Upon Successors. This Agreement shall be binding
upon and inure to the benefit of the successors, assigns and interests of the parties as to
any or all of the Property until released by the mutual consent of the parties.
1.2 Agreement Runs with the Land. The burden of the covenants contained in
this Agreement ("Burden") is forthe benefit of the Property and the City, its successors and
assigns and any successor in interest thereto. City is deemed the beneficiary of such
covenants for and in its own right and for the purposes of protecting the interest of the
community and other parties public or private, in whose favor and for whose benefit of such
covenants running with the land have been provided without regard to whether City has
been, remained or are owners of any particular land or interest therein. If such covenants
are breached, the City shall have the right to exercise all rights and remedies and to
maintain any actions or suits at law or in equity or other proper proceedings to enforce the
curing of such breach to which it or any other beneficiaries of this agreement and the
covenants may be entitled.
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a. Developer Release on Guest Builder Assignments. If Developer
assigns any portion of the Project, Developer may have the right to obtain a release of any
of Developer's obligations under this Agreement, provided Developer obtains the prior
written consent ofthe City to such release. Such assignment shall, however, be subjectto
this Agreement and the Burden of this Agreement shall remain a covenant running with the
land. The City shall not withhold its consent to any such request for a release so long as
the assignee acknowledges that the Burden of the Agreement runs with the land, assumes
the obligations of the Developer under this Agreement, and demonstrates, to the
reasonable satisfaction of the City, its ability to perform its obligations under this
Agreement as it relates to the portion of the Project which is being acquired by the
Assignee.
b. Partial Release of Developer's Assignees. If Developer assigns any
portion of the Project subject to the Burden of this Agreement, upon request by the
Developer or its assignee, the City shall release the assignee of the Burden of this
Agreement as to such assigned portion if such portion has complied with the requirements
of this Agreement and such partial release will not, in the opinion of the City, jeopardize the
likelihood that the remainder of the Burden will not be completed.
c. Implement Mitigation Measures. Developer shall diligently implement. or
cause the implementation of all mitigation measures pertaining to the Project identified in
the Mitigated Negative Declaration Report for EastLake Business Center II, and
Addendum. Any such measures not satisfied by a specific condition or by the project
design shall be implemented to the satisfaction of the Director of Planning and Building.
Mitigation Measures shall be monitored via the Mitigation Monitoring Program approved in
conjunction with the Mitigated Negative Declaration. Modification of the sequence of
mitigation shall be at the discretion of the Director of Planning and Building should changes
in the circumstances warrant such revision.
d. Implement Previously Adopted Conditions of Approval Pertinent to
Project. Unless otherwise conditioned, comply, remain in compliance and implement, the
terms, conditions and provisions, as are applicable to the property which is the subject
matter of this Agreement, of 1) Mitigated Negative Declaration (lS-00-03); 2) Mitigation
Monitoring and Reporting Program; 3) The EastLake II General Development Plan (GDP);
4) EastLake I Business Center II Supplemental Sectional Planning Area (SPA) Plan; 5)
EastLake II Planned Community District Regulations; 6) EastLake I Business Center II
Design Guidelines; 7) EastLake I Business Center II Supplemental Public Facilities
Financing Plan; 8) EastLake I Business Center II Water
Conservation Plan; 9) EastLake I Business Center II Air Quality Improvement
Plan; and 10) EastLake Business Center II Sub-Area Water Master Plan, all approved by
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the Council on November 16,1999, Resolution No. 19666 ("Plans"), prior to approval of the
corresponding Final Map.
e. Implement the Public Facilities Financing Plan. Developer shall install
public facilities in accordance with the EastLake I Business Center II Supplemental Public
Facilities Financing Plan as amended or as required by the City Engineer to meet threshold
standards adopted by the City of Chula Vista. The City Engineer and Planning and
Building Director may, at their discretion, modify the sequence of improvement construction
should conditions change to warrant such a revision.
f. Contingency of Project Approval. Approval of the Tentative Map is
contingent upon amendments to the EastLake I General Development Plan, EastLake I
Sectional Planning Area Plan and EastLake II Planned Community District Regulations
taking effect (PCM-OO-02)
g. Design Approval. Develop the lots in accordance with the EastLake II
Planned Community District Regulations and EastLake I Business Center II Design
Guidelines. All industrial lots shall be submitted for site plan and architectural review and
approval under the City's Design Review process prior to submittal for building permits.
2. Security
a. Improvement Work. Developer agrees to construct the street
improvements and land development work in and adjoining said subdivision
as referenced herein and as set forth on Exhibit "B" ("Street Improvements"),
at its own expense, without any cost to the City, in a good and workmanlike
manner, under the direction and to the satisfaction and approval of the City
Engineer. Developer further agrees to furnish the necessary materials
therefore, all in strict conformity and in accordance with the City of Chula
Vista Drawing Nos. referenced herein and by this reference are incorporated
herein and made a part hereof. Developer shall complete construction of the
Street Improvements in accordance with the completion dates designated
hereinafter in this Agreement. It is expressly understood and agreed to by
Developer that, in the performance of construction of said Street Improve-
ments, Developer shall conform to and abide by all of the provisions of the
ordinances of the City of Chula Vista, and the laws of the State of California
applicable to said work.
b. Bonding.
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i. Developer has furnished to the City of Chula Vista, and agrees to
maintain until City acceptance of the Street Improvements referenced herein,
approved improvement securities from a sufficient surety, whose sufficiency
has been approved by the City in the sums as set forth on Exhibit "8", which
securities guarantee the faithful performance in connection with the installa-
tion of the Street Improvements as shown on Exhibit "8" and as referenced
herein.
ii. Developer has furnished to the City of Chula Vista, and agrees to
maintain until City acceptance of the work referenced herein, approved
improvement securities from a sufficient surety, whose sufficiency has been
approved by the City in the sums as set forth on Exhibit "8" to secure the
payment of material and labor in connection with the installation of said
Street Improvements as shown on Exhibit "8" and as referenced herein.
III. Developer acknowledges and agrees that if the Street
Improvements as shown on Exhibit "8" and as referenced herein are not
completed within the time agreed herein, the sums provided by said improve-
ment securities may be used by City for the completion of the Street
Improvements and improvements referenced herein in accordance with the
approved plans and specifications for such Street Improvements, or at the
option of the City, for those improvements as referenced herein and shown
on Exhibit "8" that are less than, but not greater to, the sums provided by
said improvement securities. Upon certification of completion by the City
Engineer and acceptance of said work by City, and after certification by the
Director of Finance that all costs hereof are fully paid, the whole amount, or
any part thereof not required for payment thereof, may be released to the
Developer or its successors in interest, pursuant to the terms of the improve-
ment securities. Developer agrees to pay to the City any difference between
the total costs incurred to perform the work, including limited and reasonable
design and administration of construction in substantial conformance with the
approved plans (including a reasonable allocation of overhead), and any
proceeds from the improvement security.
c. Developer's Costs and Expenses. It is also expressly agreed and
understood by the parties hereto that in no case will the City of Chula Vista,
or any department, board or officer thereof, be liable for any portion of the
costs and expenses of the work aforesaid, nor shall the City or the City's
officers, sureties or bondsmen, be liable for the payment of any sum or sums
for said work or any materials furnished therefor.
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d. Plan Check fees and Additional Costs. It is further understood and agreed
by Developer that any engineering costs (including plan checking, inspection,
materials furnished and other incidental expenses) incurred by City in
connection with the approval of the Street Improvements plans and
installation of Street Improvements described above, as required by City and
approved by the City Engineer shall be paid by Developer, and that
Developer shall deposit, prior to recordation ofthe Final Map, with City a sum
of money sufficient to cover said cost.
e. Maintenance Costs. Developer understands and agrees that until such
time as all of the Street Improvements as covered by any particular bond are
fully completed and accepted by City, Developer shall be responsible forthe
care, maintenance of, and any damage to, such streets and any alleys,
easements, water and sewer lines. It is further understood and agreed that
Developer shall guarantee all ofthe Street Improvements for a period of one
year from date of final acceptance and correct any and all defects or
deficiencies arising during said period as a result of the acts or omission of
Developer, its agents or employees in the performance of this Agreement,
and that upon acceptance of the work by City, Developer shall grant to City,
by appropriate conveyance, the public improvements constructed pursuant to
this agreement; provided, however, that said acceptance shall not constitute
a waiver of defects by City as set forth hereinabove.
f. Indemnification. Developer further understands and agrees that City, as
indemnitee, or any officer or employee thereof, shall not be liable for any
injury to person or property occasioned by reason of the acts or omissions of
Developer, its agents or employees, or indemnitee, related to the
construction of the Street Improvements. Developer further agrees to
protect and hold the City, its officers and employees, harmless from any and
all claims, demands, causes of action, liability or loss of any sort, because of
or arising out of acts or omissions of Developer, its agents or employees, or
indemnitee, related to the construction of the Street Improvements; the
approved improvement securities referred to above shall not cover the
provisions of this paragraph. Such indemnification and agreement to hold
harmless shall extend to damages to adjacent or downstream properties or
the taking of property from owners of such adjacent or downstream
properties as a result of the construction of said Street Improvements as
provided herein. It shall also extend to damages resulting from diversion of
waters, change in the volume of flow, modification of the velocity of the
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water, erosion or siltation, or the modification of the point of discharge as the
result of the construction and maintenance of the Street Improvements and
the drainage systems. The approval of plans for the Street Improvements
and related improvements shall not constitute the assumption by City of any
responsibility for such damage or taking, nor shall City, by said approval, be
an insurer or surety for the construction of the Street Improvements and
related improvements. The provisions of this paragraph shall become
effective upon the execution of this Agreement and shall remain in full force
and effect for ten (10) years following the acceptance by the City of the
Street Improvements.
3. Condition A of GENERAUPRELlMINARY Section of Resolution 19666 (Project
Site Improvement). In satisfaction of Condition A of Resolution 19666, the
Developer agrees to improve the project site with the Project as described in the
Tentative Subdivision Map, Chula Vista Tract 00-02 and IS-00-03, except as
modified by Resolution 19666.
4. Condition B of GENERAUPRELlMINARY Section of Resolution 19666
(Mitigation Measures). In satisfaction of Condition B of Resolution 19666, the
Developer agrees to implement, or cause the implementation of all mitigation
measures pertaining to the Project identified in the Mitigated Negative Declaration
IS-00-03. Developer acknowledges and agrees that any such measures not
satisfied by a specific condition of this Resolution or by the project design shall be
implemented to the satisfaction of the Director of Planning and Building and that
mitigation measures shall be monitored via the Mitigation Monitoring Program
approved in conjunction with MND IS-00-03. Should the Developer request a
modification of the sequence of mitigation, such modification shall be at the
discretion of the Director of Planning and Building should changes in the
circumstances warrant such revision.
5. Condition C of GENERAUPRELlMINARY Section of Resolution 19666
(Mitigation Measures). In satisfaction of Condition C of Resolution 19666, the
Developer agrees to comply, remain in compliance and implement, the terms,
conditions, and provisions, as are applicable to the property which is the subject
matter of this Tentative Map of: 1) Mitigated Negative Declaration (lS-00-03); 2)
Mitigation Monitoring and Reporting Program; 3) The EastLake II General
Development Plan (GDP); 4) EastLake I Business Center II Supplemental Sectional
Planning Area (SPA) Plan; 5) EastLake II Planned Community District Regulations;
6) EastLake I Business Center II Design Guidelines; 7) EastLake I Business Center
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II Supplemental Public Facilities Financing Plan; 8) EastLake I Business Center II
Water Conservation Plan; 9) EastLake I Business Center II Air Quality Improvement
Plan; and 10) EastLake Business Center II Sub-Area Water Master Plan, all
approved by the Council on November 16, 1999, Resolution No. 19666 ("Plans").
Developer hereby waives any claim that the adoption of a final Water Conservation
Plan or Air Quality Plan constitutes an improper subsequent imposition of this
condition.
6. Condition D of GENERAUPRELlMINARY Section of Resolution 19666 (PFFP).
In satisfaction of Condition D of Resolution 19666, the Developer agrees to install
public facilities in accordance with the EastLake I Business Center II Supplemental
Public Facilities Financing Plan as amended or as required by the City Engineerto
meet threshold standards adopted by the City of Chula Vista. The City Engineer
and Director of Planning and Building may, at their discretion, modify the sequence
of improvement construction should conditions change to warrant such a revision.
7. Condition No. 2 of Resolution 19666 (Street Improvements). In partial
satisfaction of Condition NO.2 of Resolution 19666, Developer shall construct and
secure as specified in paragraph 2, the full street improvements or remaining street
improvements as referenced herein and as shown on Exhibit "B". Developer
acknowledges and agrees that the City Engineer and Director of Planning and
Building may, at their discretion, modify the sequence, schedule, alignment and
design of improvement construction should conditions change to warrant such a
revision. Developer further agrees to the following:
a. Condition No.2 of Resolution 19666 (Facility No.4). Upon request of City
Engineer install a fully activated traffic signal, including interconnect wiring
and pull rope as determined by the City Engineer, at the intersection of
Fenton Street and Otay Lakes Road.
b. Condition No.2 of Resolution 19666 (Facility No.5). Construct the
median modification at the intersection of Fenton Street and Otay Lakes
Road contemporaneously with construction of intersection.
8. Condition No.3 of Resolution 19666 (Limit Development). In partial satisfaction
of Condition NO.3 of resolution 19666, the developer agrees that no development
(issuance of building permits) beyond a combined total of 59 gross acres may occur
to Tract #00-02 and ISOO-03 until Olympic Parkway from 1-805 Freeway to Wueste
Road is completed, or SR-125 constructed.
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9. Condition No.4 of Resolution 19666 (Open Space Construction). Developer
agrees to construct, concurrent with rough grading, erosion and sediment control
work, permanent landscaping, and irrigation system for all open space lots.
10. Condition No.9 of Resolution 19666 (Street Trees). In partial satisfaction of
Condition NO.9 of Resolution 19666, the Developer agrees to install all street trees
in accordance with Section 18.28.10 of the Chula Vista Municipal Code and the
following requirements:
a) Prior to City acceptance of the corresponding streets, all street trees shall be
planted in parkways, street tree easements or as otherwise approved by the
Director of Planning and Building.
b) Street trees, which have been selected from the revised list of appropriate
tree species described in the EastLake Business Center II Design Plan, shall
be approved by the Director of Planning and Building and Director of Public
Works.
c) Root control methods shall be provided per the requirements of the Director
of Planning and Building, and provide a deep watering irrigation system for
the trees.
11. Condition No. 10 of Resolution 19666 (ADA Standards). In satisfaction of
Condition NO.1 0 of Resolution 19666, the Developer agrees to construct sidewalks
and pedestrian ramps on all walkways to meet Americans with Disabilities Act
standards and as approved by the City Engineer. In the event the Federal
Government adopts ADA standards for street rights-of-way which are in conflict with
the standards and approvals contained herein, all such approvals conflicting with
those standards shall be updated to reflect those standards. Developer
acknowledges and agrees that unless otherwise required by Federal law, City ADA
standards may be considered vested, as determined by Federal regulations, only
after construction has commenced.
12. Condition No. 12 of Resolution 19666 (Private Utilities Across Public Streets).
In partial satisfaction of Condition No. 12 of Resolution 19666, the Developer
agrees to not install privately owned water, reclaimed water, or other utilities across
public streets, including sleeves for future construction of privately owned facilities
unless the Developer enters into an agreement with the City agreeing to the
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following terms:
a) Obtain an encroachment permit for the installation of the private facilities
within the public right-of-way.
b) Maintain membership in an advance notice service such as the Underground
Service Alert (USA) Dig Alert System.
c) Locate and mark any private facilities owned by the developer whenever
work is performed in the area.
d) Provide shutoff devices to the satisfaction of the City Engineer at those
locations where private facilities traverse public streets.
13. Condition No 15 of Resolution 19666 (Access to Detention Facilities) In
satisfaction of Condition No. 15 of Resolution 19666 Developer agrees to provide
runoff detention basins or other facilities approved by the City Engineer to reduce
the quantity of runoff from the development to an amount equal to or less than the
present 100-year frequency runoff and demonstrate the adequacy of existing
facilities to the satisfaction of the City Engineer.
14. Condition Nos. 16, 20, and 24 of Resolution 19666 (Discharge Regulations). In
satisfaction of Condition Nos. 16, 20, and 24 of Resolution 19666, the Developer
agrees to comply with all applicable regulations established by the United States
Environmental Protection Agency (USEPA) as set forth in the National Pollutant
Discharge Elimination System (N.P.D.E.S.) permit requirements for urban runoff and
storm water discharge and any regulations adopted by the City of Chula Vista
pursuantto the N.PD.E.S. regulations or requirements. Further, the applicant shall
file a Notice of Intent with the State Water Resources Control Board to obtain
coverage under the N.P.D.E.S. General Permit for Storm Water Discharges
Associated with Construction Activity and shall implement a Storm Water Pollution
Prevention Plan (SWPPP) concurrent with the commencement of grading activities.
The SWPPP shall include both construction and post construction pollution
prevention and pollution control measures and shall identify funding mechanisms for
post construction control measures. The developer shall comply with all the
provisions of the N.P.D.E.S. and the Clean Water Program during and after all
phases of the development process, including but not limited to: mass grading,
rough grading, construction of street and landscaping improvements, and
construction of dwelling units. The applicant shall design the Project's storm drains
and other drainage facilities to include Best Management Practices to minimize non-
point source pollution, satisfactory to the City Engineer. The San Diego Regional
Water Quality Control Board has issued a new Municipal Storm Water Permit (Order
No. 2001-01). The Permit includes regulations such as implementation of Standard
Urban Storm Water Mitigation Plans (SUSMPS) and Numeric Sizing Criteria for new
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residential development. The applicant shall comply with all relevant regulations,
when they become effective, including but not limited to incorporation into the
design and implementation of the Project, temporary and permanent structural Best
Management Practices and non-structural mitigation measures that would reduce
pollution of storm water runoff to the maximum extent practicable.
15. Condition No. 57 of Resolution 19666 (Agreements). In satisfaction of Condition
No. 57 of Resolution 19666, Developer agrees as follows:
a). That the City may withhold building permits for the subject subdivision if
anyone of the following occur:
i. Regional development threshold limits set by the East Chula Vista
Transportation Phasing Plan, as amended from time to time, have
been reached or in order to have the Project comply with the Growth
Management Program as may be amended from time to time.
II. Traffic volumes, levels of service, public utilities and/or services either
exceed the adopted City threshold standards or fail to comply with
then effective Growth Management Ordinance, and Growth
Management Program and any amendments thereto. Public utilities
shall include, but not be limited to, air quality, drainage, sewer and
water.
iii. The required public facilities, as identified in the PFFP, or as
amended or otherwise conditioned have not been completed or
constructed to the satisfaction of the City. The Developer may
propose changes in the timing and sequencing of development and
the construction of improvements affected. In such case, the PFFP
may be amended, as approved by the City's Director of Planning and
Building and the Public Works Director. (Engineering, Planning &
Building)
b. To defend, indemnify and hold harmless the City and its agents, officers and
employees, from any claim, action or proceeding against the City, or its
agents, officers or employees, to attack, set aside, void or annul any
approval by the City including approval by its Planning Commission, City
Council or any approval by its agents, officers, or employees with regard to
this subdivision pursuant to Section 66499.37 of the State Map Act; provided
11
the City promptly notifies the subdivider of any claim, action or proceeding,
and on the further condition that the City fully cooperates in the defense.
c. To permit all cable television companies franchised by the City of Chula Vista
equal opportunity to place conduit and provide cable television service for
each lot or unit within the Tentative Map area. Developer further agrees to
grant, by license or easement, and for the benefit of, and to be enforceable
by, the City of Chula Vista, conditional access to cable television conduit
within the properties situated within the final map only to those cable
television companies franchised by the City of Chula Vista, the condition of
such grant being that: (a) such access is coordinated with Developer's
construction schedule so that it does not delay or impede Developer's
construction schedule and does not require the trenches to be reopened to
accommodate that placement of such conduits; and (b) any such cable
company is and remains in compliance with, and promises to remain in
compliance with the terms and conditions of the franchise and with all other
rules, regulations, ordinances and procedures regulating and affecting the
operation of cable television companies as same may have been, or may
from time to time be, issued by the City of Chula Vista. Developer hereby
conveys to the City of Chula Vista the authority to enforce said covenant by
such remedies as the City determines appropriate, including revocation of
said grant upon determination by the City of Chula Vista that they have
violated the conditions of grant.
d. That the City may withhold the issuance of building permits for the Project,
should the Developer be determined by the City to be in breach of any of the
terms of the Tentative Map Conditions or any Supplemental Agreement. The
City shall provide the Developer of notice of such determination and allow
the Developer reasonable time to cure said breach.
e. To hold the City harmless from any liability for erosion, siltation or increase
flow of drainage resulting from this project.
f. To participate, on a fair share basis, in any deficiency plan or financial
program adopted by SANDAG to comply with the Congestion Management
Program (CMP).
g. To not protest the formation of any future regional impact fee program or
facilities benefit district to finance the construction of regional facilities. This
agreement not to protest shall not be deemed a waiver of the right to
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challenge the amount of any assessment which may be imposed due to the
addition of these new improvements and shall not interfere with the right of
any person to vote in a secret ballot election.
16. Condition No. 58 of Resolution No. 19666 (Agreements). In satisfaction of
Condition No. 58 of Resolution 19666, the Developer agrees to not protest the
formation of any future regional impact fee program or facilities benefit district to
finance the construction of regional facilities or any future maintenance district that
provides maintenance of facilities that service the Project.
17. Condition No. 59 of Resolution 19666 (Agreements). In satisfaction of Condition
No. 59 of Resolution 19666, the Developer agrees to modify the EastLake I
Business Center II Supplemental Water Conservation Plan as necessary to
incorporate all new water conservation policies adopted by City Council after
approval of the EastLake Business Center II SPA.
18. Condition No. 62 of Resolution 19666 (Fire Requirements). In satisfaction of
Condition No. 62 of Resolution 19666, the Developer agrees to install and make
operable fire hydrants or equivalent fire protection, and 20' fire access roads priorto
delivery of combustible building materials to the satisfaction of the City Fire Marshal.
19. Condition No. 63 of Resolution 19666 (Submittal). In satisfaction of No. 63 of
Resolution 19666, the Developer agrees to submit a copy of each subdivision in a
digital D.X.F. file format as required by the City Engineer, prior to approval of each
Final Map or as requested by the City Engineer.
20. Condition No. 66 of Resolution 19666 (Noise Study). In satisfaction of Condition
No. 66 of Resolution 19666, the Developer agrees to provide to the City a noise
study prior to issuance of the first building permit for each Lot to identify noise
impacts generated by industrial uses and determine the necessary mitigation
measures to insure that the allowable noise levels as prescribed in the Performance
Standards of the Chula Vista Municipal Code are not exceeded. The developer shall
implement all mitigation measures recommended in the noise study to reduce noise
impacts to the surrounding residential neighborhoods.
21. Condition No. 67 of Resolution 19666 (Conservation Plan). In satisfaction of
Condition No. 67 of Resolution 19666, the Developer agrees to participate in a
regional or sub-regional multi-species coastal sage scrub conservation plan.
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22. Condition No. 69 and 70 of Resolution 19666 (Street Sweeping). In satisfaction
of Condition No. 69 and 70 of Resolution 19666, the Developer agrees to contract
with the City's current street sweeping franchisee, or other server approved by the
Director of Public Works to provide street sweeping for each phase of development
on a frequency and level of service comparable to that provided for similar areas of
the City. The developer shall cause street sweeping to commence immediately after
the final lot, in each phase, is occupied and shall continue sweeping until such time
that the City has accepted the street or 60 days after completion of all punch list
items, whichever is shorter. In addition, the Developer agrees to provide the City
Conservation Coordinator with a copy of the memo requesting street sweeping
service, which shall include a map of areas to be swept and the date the sweeping
will begin.
23. Condition No. 72 of Resolution 19666 (Undergrounding of Utilities). In
satisfaction of Condition No. 72 of Resolution 19666, the Developer agrees to
underground all utilities within the subdivision in accordance with Municipal Code
requirements.
24. Condition No. 73 of Resolution 19666 (Clean Water Act). In satisfaction of
Condition No. 73 of Resolution 19666, the Developer agrees to comply with all
relevant Federal, State, and Local regulations, including the Clean Water Act. The
developer shall be responsible for providing all required testing and documentation
to demonstrate said compliance as required by the City Engineer.
25. Condition No. 77 of Resolution 19666 (Chula Vista Municipal Code). In
satisfaction of Condition No. 77 of Resolution 19666, the Developer agrees to
comply with all applicable sections of the Chula Vista Municipal Code. Preparation
of the Final Map and all plans by Developer shall be in accordance with the
provisions of the Subdivision Map Act and the City of Chula Vista Subdivision
Ordinance and Subdivision Manual. Developer acknowledges and agrees that
compliance with the City of Chula Vista threshold standards, based on actual
development patterns and updated forecasts in reliance on changing entitlement
and market conditions, shall govern EastLake Business Center II development
patterns and the facility improvement requirements to serve such development. In
addition, Developer agrees that the sequence in which improvements are
constructed shall correspond to any future Eastern Chula Vista Transportation
Phasing Plan or amendment to the Growth Management Program and Ordinance
adopted by the City. Upon request of Developer, the City Engineer may modify the
sequence of improvement construction should conditions change to warrant such a
revision.
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26. Condition No. 78 of Resolution 19666 (Fees). In satisfaction of Condition No. 78
of Resolution 19666, the Developer agrees to pay all applicable fees in accordance
with the City Municipal Code and Council Policy, including, but not limited to, the
following:
a) The Transportation and Public Facilities Development Impact Fees.
b) Signal Participation Fees.
c) All applicable sewer fees, including but not limited to sewer connection fees.
d) Interim SR-125 impact fee.
e) Telegraph Canyon (Gravity Flow) Sewer Basin DIF.
f) Salt Creek Sewer Basin DIF.
g) Telegraph Canyon Basin Drainage DIF.
h) Salt Creek Basin Drainage DIF as may be adopted by the City in the future.
i) Telegraph Canyon Sewer Pumped Flow DIF.
In addition, the Developer agrees to pay the amount of said fees in effect atthe time
of issuance of building permits.
27. Condition No. 79 of Resolution 19666 (Notices). In satisfaction of Condition No.
79 of Resolution 19666, the Developer agrees to ensure that prospective
purchasers sign a "Notice of Special Taxes and Assessments" pursuant to
Municipal Code Section 5.46.020 regarding projected taxes and assessments.
Developer agrees to submit the disclosure form for approval by the City Engineer'
prior to Final Map approval.
28. Condition No. 81 of Resolution 19666 (CV Landscape Manual). In satisfaction of
Condition No. 81 of Resolution 19666, the Developer agrees to comply with all
aspects of the City of Chula Vista Landscape Manual.
29. Condition No. 82 of Resolution 19666 (Compliance). In satisfaction of Condition
No. 82 of Resolution 19666, the Developer agrees to comply with Chapter 19.09 of
the Chula Vista Municipal Code (Growth Management) as may be amended from
time to time by the City which chapter includes but is not limited to Threshold
Standards (19.09.04), Public Facilities Finance Plan implementation (19.09.090),
and Public Facilities Finance Plan amendment procedures (19.09.100).
30. Satisfaction of Conditions. City agrees that the execution of this Agreement
constitutes satisfaction or partial satisfaction of Developer's obligation for this
Project of Conditions A, B, C, D, 2, 3, 4, 9, 10, 12, 15, 16,20,24, 57,58, 59, 62, 63,
66,67,69,70,72,73,76,77, 78, 79, 81, and 82 of Resolution 19666.
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31. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned,
that Developer shall comply with all unfulfilled conditions of approval of the
EastLake Business Center II Chula Vista Tract No. 00-02 Tentative Map (adopted
by Resolution 19666) and shall remain in compliance with and implement the terms,
conditions and provisions of the Resolution.
32. Recording. This Agreement, or an abstract hereof prepared by either or both
parties, may be recorded by either party.
33. Assignability. Upon request of the Developer, any or all on-site duties and
obligations set forth herein may be assigned to subdivider's successor in interest if
the City Manager in his/her sole discretion determines that such an assignment will
not adversely affect the City's interest. The City Manager in his/her sole discretion
may, if such assignment is requested, permit a substitution of securities by the
successor in interest in place and stead of the original securities described herein,
so long as such substituted securities meet the criteria for security as set forth
elsewhere in this Agreement. Such assignment will be in a form approved by the
City Attorney.
34. Building Permits. Developer understands and agrees that the City may withhold
the issuance of building permits for the Project, should the Developer be determined
by the City to be in breach of any of the terms of this Agreement. The City shall
provide the Developer of notice of such determination and allow the Developer with
reasonable time to cure said breach.
35. Miscellaneous.
a. Notices. Unless otherwise provided in this Agreement or by law, any and all
notices required or permitted by this Agreement or by law to be served on or
delivered to either party shall be in writing and shall be deemed duly served,
delivered, and received when personally delivered to the party to whom it is
directed, or in lieu thereof, when three (3) business days have elapsed
following deposit in the U.S. mail, certified or registered mail, return receipt
requested, first-class postage prepaid, addressed to the address indicated in
this Agreement. A party may change such address for the purpose of this
paragraph by giving written notice of such change to the other party.
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
16
i-I ~ s'..:;~
Attn: Director of Public Works
DEVELOPER:
The EastLake Company, LLC
900 Lane Avenue, Suite 100
Chula Vista, CA 91914
Attn: William T. Ostrem
Guy Asaro
A party may change such address for the purpose of this paragraph by giving
written notice of such change to the other party in the manner provided in this
paragraph.
b. Captions. Captions in this Agreement are inserted for convenience of
reference and do not define, describe or limit the scope or intent of this
Agreement or any of its terms.
c. Entire Agreement. This Agreement contains the entire agreement between
the parties regarding the subject matter hereof. Any prior oral or written
representations, agreements, understandings, and/or statements shall be of
no force and effect. This Agreement is not intended to supersede or amend
any other agreement between the parties unless expressly noted.
d. Preparation of Agreement. No inference, assumption or presumption shall
be drawn from the fact that a party or his attorney prepared and/or drafted
this Agreement. It shall be conclusively presumed that both parties
participated equally in the preparation and/or drafting this Agreement.
e. Recitals; Exhibits. Any recitals set forth above and exhibits referenced
herein are incorporated by reference into this Agreement.
f. Attorneys' Fees. If either party commences litigation for the judicial
interpretation, reformation, enforcement or rescission hereof, the prevailing
party will 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.
(NEXT PAGE IS SIGNATURE PAGE)
17
'j
SIGNATURE PAGE TO
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
EASTLAKE BUSINESS CENTER II
CHULA VISTA TRACT NO. 00-02
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first hereinabove set forth.
THE CITY OF CHULA VISTA
THE EASTLAKE COMPANY, LLC, A
CALIFORNIA LIMITED LIABILITY
COMPANv'- -
By:
Mayor of the City of Chula Vista
By:
William T 0 trem
Its: President
By:
ro
Its: Vice President
ATTEST
City Clerk
Approved as to form by
City Attorney
(Attach Notary Acknowledgment)
18
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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r(<J Date Name and TIlle of Officer (a-9-. "Jane O<la. Notary Public") r>?:
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EXHIBIT "An
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
CHULA VISTA TRACT NO. 00-02, EASTLAKE BUSINESS CENTER II, BEING A
SUBDIVISION OF A PORTION OF PARCEL 1 OF PARCEL MAP NO. IN THE
CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, , AS
FILE NO. OF OFFICIAL RECORDS.
J :IEngineerlLAND D EVlEastlakeBusCntr Ph2lSS1Arevision3.doc
19
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EXHIBIT "B"
Description DWG.# Bond No. Bond Comments
Amount
Facility 4 - Traffic Signal at
Fenton Street and Otay 01038-01 - 11 103760729 $1,016,301.00
Lakes Road
Facilty 5 - Median
Modification at Fenton 01038-01 -11 103760729 $1,016,301.00
Street and Otay Lakes
Road
Landscape Plans 02036-01 - 22 103739819 $252,750.00
Proj 172-019
Survey Monument - 103739813 $14,000.00
Installation
J :IEngineerlLAND DEVlEastlakeBusCntr Ph2lSSIArevision3.doc
20
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COUNCIL AGENDA STATEMENT
Item S
Meeting Date: 5/07/02
ITEM TITLE: Resolution Waiving the consultant selection process and
approving the first Amendment to the Agreement with McGill
Martin Self, Inc approved by Council Resolution 2001-132 for
providing Project Management and Special Tax Consultant
services for the formation of Community Facilities District No.
CFD-06-I (EastLake- Woods, Vistas, and "Land Swap") and
authorizing the Mayor to execute said agreement.
SUBMITTED BY: Director of Public WorkS; (fff!
REVIEWED BY: City Manage~fV (4/5ths Vote: Yes No~
On April 16, 2002 by Resolution No. 2002-114 Council approved the initiation of
proceedings for the formation of Community Facilities District No. 06-1 ("CFD-06-I") for
financing the acquisition of public infrastructure for the Eastlake Woods, Vistas and
"Land Swap" projects. Tonight, Council will consider the approval of the first
amendment to the existing agreement with McGill Martin Self, Inc. (approved by Council
on May 8, 2001 by Resolution No. 2001-132) for providing project management and
special tax consultant services for the formation of CFD-06-I.
RECOMMENDATION: It is recommended that Council adopt the Resolution waiving
the consultant selection process as being in the best interest of the City, approving the
subject first amendment retaining the firm of McGill Martin Self, Inc. to provide project
management and special tax consultant services for the formation of CFD-06-I, and
authorizing the Mayor to execute said agreements.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
DESCRIPTION OF THE PROPOSED CFD-06-I
Exhibit 1 presents the boundaries of the proposed CFD-06-1, which includes parcels
located within Eastlake Woods and Vistas (733 gross acres) and the "Land Swap" Area
(136 gross acres). At buildout the Woods area will be comprised of663 single-family
residential lots, the Vistas area will be comprised of 777 single-family residential lots, 4
multifamily lots with 10-20 units per acre and 2 commercial parcels. The "Land Swap"
area will be comprised of 457 multi-family and single-family homes and approximately
75 acres of commercial property.
5--1
Page 2, Item 5
Meeting Date 5/07/02
The developer is proposing that CFD-06- I finances the acquisition of certain street
improvements in Olympic Parkway, Otay Lakes Road, Eastlake Parkway, and Proctor
VaUey Road. In addition to the above improvements, this CFD's bonding capacity may
be used for financing the construction of certain "Traffic Enhancement Program"
facilities within the greater Eastern Territories of Chula Vista. These transportation
facilities will be constructed to add traffic capacity to the existing network system. The
potential 'Traffic Enhancement Program" projects could include the foUowing:
Telegraph Canyon Road East ofl-805
Telegraph Canyon Road / I 805 On Ramp Improvements
Heritage Road (Olympic Parkway to Main Street)
East H Street road widening
The construction cost is estimated at approximately $29 miUion for the proposed public
facilities and approximately $2.5 million for the "Traffic Enhancement Program"
facilities, for a total of about $31.5 million. The developer is proposing a maximum bond
authorization of $39 million to finance these public facilities, capitalized interest on the
bonds, fund a reserve fund, and fund costs of issuance and administration.
CONSUL T ANT SELECTION
The Special Tax Consultant's role is to recommend CFD boundaries, provide input into
the bond-sizing process, prepare the Engineer's Report and recommend the rate and
method of apportionment of the special tax. McGiU Martin Self, Inc. ("MMS") was
previously selected for this role for CFD 99-1 (Otay Ranch Spa I), CFD 2000-1 (Sunbow
11), CFD 2001-1 (San Miguel Ranch), and CFD 2001-2 (Otay Ranch Village 6). The
firm's knowledge of the Eastern Territories is extensive and up-to-date. Given their
experience and knowledge of the project area, staff believes that McGill Martin Self, Inc.
is in a better position to provide the most accurate bond-sizing and special tax rate
combination work that is carefuUy calibrated to cover the necessary project financing
costs while not over-burdening the ratepayer and jeopardizing the long term viability of
the bonds in the marketplace. The Special Tax Consultant will participate in the
preparation of the acquisition/financing agreement and coordinate with the City, property
owners, financial consultant team members, private engineers, and other stakeholders
involved in the district formation. AU of these functions and processes have aspects that
are unique to the City of Chula Vista and its practices and policies. MMS has progressed
along the learning curve of these processes to the point where it may be
counterproductive to train a new Special Tax Consultant for this role.
Therefore, staff recommends that the City's selection process be waived in the interest of
providing a consultant:
. That has demonstrated an ability to work together efficiently on past
projects,
&-2
Page 3, Item i?
Meeting Date 5/07/02
. That possesses extensive knowledge and experience in their respective
fields,
. That has mastered a unique understanding of the development issues in
the City ofChula Vista,
· That has proven its credibility with the bond market by providing support
to successful bond offerings for existing projects.
Retaining MMS now rather than going through a lengthy selection process will allow the
team to begin to focus on the key financing issues early in the process, resulting in a
superior bond offering that will materially better serve the City's interests.
Given the critical and sensitive nature of each of the elements of a successful bond sale,
staff does not believe the benefits of embarking on a selection process now will outweigh
the risks to the City of trying to offer bond issuances for major infrastructure that are
supported by documentation from consultants who are unfamiliar with the applicable
market and the needs of the City.
FEE ESTIMATES
MMS proposes a total fee offee of$103,000 broken down as follows: $50,000 for project
management services, $25,000 for special tax consultant for each of the anticipated two
bond sales, and $3,000 for out-of-pocket expenses. Staff has verified that these fees are
in line with levels that the City has previously paid and also with what other jurisdictions
are currently paying.
CONSULTANT PAYMENT TO DATE
The total fees paid to the Consultant on all City projects (CFD formation and other
contracts) over the past twelve months is $881, 000.
FISCAL IMP ACT: None to the General Fund. All costs will be funded by the
developer and/or property owners and apportioned consistent with the relative benefits
received from the improvements being financed. The City will receive the benefit of the
full cost recovery for City staff.
Exhibits:
1. CFD-06-1 boundaries
J:IEngineerILANDDEV\CFDlCFD061ICAS tor MMS.doc
6-a
~
EXHIBIT
I
Proposed Boundary for the
Community Facilities District No. 06-1
EastLake - Vistas, Woods and Land Swap Areas
,.: ,--<,-~,.""
~--
Proposed Community Facilities District Boundaries ~ ~
Plannin2 Areas
Development Title
A
B
C.l & C-2
Woods
VistaS
Land Swap Parcels
Source: McGill Manin Self. Inc.. dated March 18. 2002
No!ZTH
rn
llT5
5-Lf
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA WAIVING THE CONSULTANT
SELECTION PROCESS AND APPROVING THE FIRST
AMENDMENT TO THE AGREEMENT WITH MCGILL
MARTIN SELF, INC APPROVED BY COUNCIL
RESOLUTION 2001-132 FOR PROVIDING PROJECT
MANAGEMENT AND SPECIAL TAX CONSULTANT
SERVICES FOR THE FORMATION OF COMMUNITY
FACILITIES DISTRICT NO. CFD- 06 - I (EASTLAKE-
WOODS, VISTAS, AND "LAND SWAP") AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT.
WHEREAS, on April 16, 2002 by Resolution No.
2002-114 Council approved the initiation of proceedings for
the formation of Community Facilities District No. 06-1
("CFD- 06 - I") for financing the acquisition of pUblic
infrastructure for the Eastlake Woods, vistas and "Land
Swap" projects; and
WHEREAS, Council will consider the approval of
the first amendment to the existing agreement with McGill
Martin Self, Inc. (approved by Council on May 8, 2001 by
Resolution No. 2001-132) for providing project management
and special tax consultant services for the formation of
CFD-06-I; and
WHEREAS, in the interest of providing a
consultant, the city's selection process is waived in that
consultant has demonstrated an ability to work together
efficiently on past projects, and possesses extensive
knowledge and experience in their respective fields, has
mastered a unique understanding of the development issues in
the city of Chula vista, and has proven its credibility with
the bond market by providing support to successful bond
offerings for existing projects.
NOW, THEREFORE, BE IT RESOLVED that the City
Council of the City of Chula vista does hereby:
1. Waive the consultant selection process.
2. Approve the first Amendment to the Agreement
with McGill Martin Self, Inc approved by Council Resolution
~. -
Consultant services for the
Facilities District No. CFD-06-1
and "Land Swap").
3.
agreement.
Authorize
Presented by
John P. Lippitt
Director of Public Works
the
formation of Community
(EastLake-Woods, Vistas,
Mayor
to
execute
said
Approved as to form by
J:\Attorney\RESO\McGill Martin Self, Inc. Agree. Amend.doc
G b
2
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M. Kaheny
Attorney
~
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Dated:
s ijV .:7,
I
First Amendment to Agreement between City of Chula Vista and McGill
Martine Self, Inc.
5-7
First Amendment to Agreement
between City of Chula Vista and McGill Martin Self, Inc.
for Project Management and Special Tax Consultant Services
for Community Facility Districts for Infrastructure Financing
This First Amendment to the agreement approved by City Council pursuant to Resolution number
2001-132 is made between the City of Chula Vista ("City") and McGill Martin Self, Inc.
("Consultant") with reference to the following facts:
Recitals
Whereas, the City Council of Chula Vista, by Resolution 2001-132 on May 8, 200 I, approved an
Agreement ("Original Agreement") with Consultant to provide project management and special tax
consultant services in order to ensure the timely formation of Community Facility Districts for the
financing of public infrastructure for the San Miguel Ranch Project and Village 6 of the Otay Ranch
Project; and
Whereas, Consultant was selected based on the quality of previous similar work performed in
association with the City's formation of Community Facilities Districts 99-01 (Otay Ranch), 99-02
(Village One West), 2000- I (Sunbow 11),2001-1 (San Miguel Ranch), 2001-2 (Village 6 of the Otay
Ranch); and
Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such
that they are and can prepare and deliver the services required of Consultant to City within the time
frames herein provided all in accordance with the terms and conditions of this Agreement; and
Whereas, the City is desirous of continuing to retain McGill Martin Self, Inc. to provide additional
project management and special tax consultant services in connection with the formation of
Community Facility District No. CFD-06-1 for the financing of public infrastructure improvements
associated with Eastlake's Woods, Vistas and "Land Swap" areas; and
Whereas, the Parties desire to amend the Original Agreement to add Exhibit A-I, and that all other
terms and provisions of the Original Agreement remain in full force and effect.
NOW, THEREFORE, BE IT RESOLVED that the Parties agree to amend the Original Agreement as
follows:
1. Consultant shall perform all of the services described in the attached Exhibit A-I; and
2. All the other terms and provisions of the Original Agreement remain in full force and effect.
NEXT PAGE IS SIGNATURE PAGE
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c:'
Signature Page
to First Amendment to
Agreement between City of Chula Vista and McGill Martin Self, Inc.
for Project Management and Special Tax Consultant Services for Community
Facility Districts for Infrastructure Financing
IN WITNESS WHEREOF, City and Consultant have executed this First Amendment to the Original
Agreement thereby indicating that they have read and understood same, and indicate their full and
complete consent to its terms:
,2002
City of Chula Vista
Dated:
by:
Shirley Horton, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
JoIm M. Kaheny, City Attorney
Dated:
Exhibit List to Agreement
(X) Exhibit A-I.
- 2-
{r
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Exhibit A-I
to
Agreement between
City of Chula Vista
and
McGill Martin Self, Inc.
1. Effective Date of Agreement: May 7,2002.
2. City-Related Entity: ("City")
(X ) City of Chula Vista, a municipal chartered corporation of the State of California
() Redevelopment Agency of the City ofChula Vista, a political subdivision of the State of
California
() Industrial Development Authority of the City ofChula Vista, a
( ) Other:
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
Consultant:
McGill Martin Self, Inc.
344 "F" Street, Suite 1 00
Chula Vista, CA 91910
Chula Vista Office (619) 425-1343
Fax Phone (619) 425-1357
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
McGill Martin Self, Inc.
Corporate Office
1500 Newell Avenue, Suite 700
Walnut Creek, California 94596-5180
- 3-
Voice Phone (925) 988-9188
Fax Phone (925) 988-0170
7. General Duties:
Oversee the establishment of a Community Facility District (CFD-06-D for the Eastlake's Woods,
Vistas, and "Land Swap" developments (the "Property"). Develop and maintain concise work plans
that identify critical issues; Establish lines of responsibilities; Prepare and maintain detailed schedule
with milestones; Communicate responsibilities to all parties; Conduct meetings, as needed, to
maintain project's schedule; Document project meetings and decisions including agenda, action
plans and minutes; Track project progress and issue status reports;
Coordinate the work of the financing team; Provide special tax consultant services; Prepare the
Engineer's report or Special Tax Report; Prepare the acquisition/financing agreement; Recommend
financial district boundaries; Coordinate with property owners within the proposed boundaries; Form
financial district; Assist City in the administration ofCFD-06-1; Prepare tables, exhibits and analyses
for the bond sale; Review financing documents and prepare staff reports and Council agenda items.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
The scope of work tasks have been arranged into two inter-dependent major components as follow:
8.A.I Project Management Duties
. Assist in the EastLake's CFD-06-I formation to acquire certain infrastructure and facilities
based on the City of Chula Vista Policies and the Public Works and Finance Departments
recommendations.
. Act as the interface between the developers and the City for resolution of issues
including:
a) facilities to be included in the District
b) DIF credits and Non - DIF improvements
c) timing of improvements
d) structure and content of the Acquisition/Finance Agreement
. Prepare Council Agenda Statements as requested to the satisfaction of the City Engineer.
. Attend City Council meetings and be prepared to present information and answer questions
regarding the district formation and bond sale.
. Document issues, meetings, project progress and decisions, and report thereon to the City
Engineer, as applicable.
-4 -
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· Facilitate district formation and bond sale by monitoring progress, acting as departmental
liaison, arranging meetings with staff, developers, engineers, and coordinating information
between the various parties.
8.A.2 Special Tax Consultant Duties:
. Act as the Special Tax Consultant, and prepare the Special Tax Report, prepare the Boundary
Map, collect available data and review, analyze, and develop related documents (i.e. Special
Tax Report, bid documents, developer reimbursements, cost estimates, cost and quantity
audits, City's development Impact Fee Programs, appraisal reports, value to lien ratios, tax
formulas, disclosure documents, resolutions, etc.)
. Identify and provide analysis for each ofthe Improvement Areas being proposed, related to
units, TDIF obligations, square footages, special tax levy, tables, and other supporting
elements.
· Coordinate with the work of the financing team comprised of a financial advisor, MAl
appraiser, market absorption consultant, bond underwriter, bond counsel, or other related
consultant expert to establish a public financing district for the Eastlake's Property.
. Record the boundary map, perform work associated with the ballot, and amend the special
tax report and boundary exhibit if necessary to bring into conformance with the final report
for Council approval. Consultant is to execute a special tax consultant certificate.
· Prepare tables and other information required by the Underwriter for inclusion in the
disclosure documents.
· Provide final data (maps and information) to the City in digital format within 2 months of
completion of the district.
. The Consultant shall ensure compliance with City and State standards and all related
documents.
· The Consultant and team will serve as support to City's staff. As such, the Consultant
shall perform all tasks needed to ensure project delivery in a timely manner.
· The Consultant shall provide written documentation to the City of all issues, meetings,
project progress and decisions. The Consultant shall be proactive in identifying issues that
impact the project schedule. Once an engineering issue, a policy decision, a financing
decision or other issues are identified, the Consultant shall immediately propose an action
plan and communicate possible solutions to all responsible parties and follow through on
required actions.
9. Date for Commencement of Consultant Services:
-5-
~ ;-)
~-
(X) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliver abies:
Consultant shall complete all work excluding audit services one year after the Date of
Commencement, unless otherwise approved by the City Engineer.
D. Date for completion of all Consultant services: Same as above
10. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
(X) Employer's Liability Insurance coverage: $1,000,000.
(X ) Commercial General Liability Insurance including Automobile Liability: $1,000,000.
( ) Errors and Omissions insurance: None Required (included in Commercial General
Liability coverage).
( ) Errors and Omissions Insurance: $250,000 (not included in Commercial General
Liability coverage).
11. Materials Required to be Supplied by City to Consultant: N/ A
12. Compensation:
U 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:
U Milestone or Event or Deliverable:
Milestone, Event or Deliverable:
Amount or Percent of Fixed Fee:
$
$
$
A. () 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, which 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
- 6-
~
~
-
Paragraph 19 is to be applied to each interim payment such that, at the end of the Phase, the full
retention has been held back from the compensation due for that phase. Percentage of completion of
a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator
designated herein by the City, or such other person as the City Manager shall designate, but only
upon such proof demanded by the City that has been provided, but in no event shall such interim
advance payment be made unless the Contractor shall have represented in writing that said
percentage of completion of the phase has been performed by the Contractor. The practice of
making interim monthly advances shall not convert this agreement to a time and materials basis of
payment.
B. U 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 City shall have
issued a notice to proceed to Consultant as to said Phase.
Phase
I.
2.
3.
Fee for Said Phase
$
$
$
( ) 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, which must be returned to the City if the Phase is
not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit
against the compensation due for that phase. The retention amount or percentage set forth in
Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full
retention has been held back from the compensation due for that phase. Percentage of completion of
a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator
designated herein by the City, or such other person as the City Manager shall designate, but only
upon such proof demanded by the City that has been provided, but in no event shall such interim
advance payment be made unless the Contractor shall have represented in writing that said
percentage of completion of the phase has been performed by the Contractor. The practice of
making interim monthly advances shall not convert this agreement to a time and materials basis of
payment.
c. (X) Hourly Rate Arrangement
For performance ofthe Defined Services by Consultant as herein required, City shall pay Consultant
for the productive hours oftime 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:
-7 -
.'1
U 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 ofthe Defined Services
herein required of Consultant for $ including all Materials, and other
"reimbursables" ("Maximum Compensation").
(X) Limitation without Further Authorization on Time and Materials Arrangement
At such time as Consultant shall have incurred time and materials equal to $50,000 for project
management, $25,000 for the first bond sale and special tax consultant, $25,000 for the second bond
sale and special tax consultant, and $3,000 for reimbursement of out of pocket expenses in
accordance with paragraph 13 for a total compensation of $103,000, ("Authorization Limit"),
Consultant shall not be entitled to any additional compensation without further authorization issued
in writing and approved by the City. Nothing herein shall preclude Consultant from providing
additional Services at Consultant's own cost and expense.
The Consultant will invoice the City on a monthly basis. Project costs will be billed on a time and
materials basis in accordance with the below Charge Rate Schedule. The Consultant will not exceed
the above budgets without authorization from the City. A request for additional funds would only
occur in the case of extreme delays in document submittals, data retrieval, conflicts, audits etc.
Charge Rate Schedule
Category of Employee
of Consultant
Name
Hourly
Rate
Senior Principal
Principal: Engineering/Land Planning/Surveying /Economics
Manager: Engineering/Land Planning/Surveying/Economics
Senior Professional*
Associate Professional*
Assistant Professional *
Senior Designer
Para Professional/Computer Technician
Secretary/Clerk
$175.00
$165.00
$140.00
$130.00
$120.00
$105.00
$ 90.00
$ 75.00
$ 60.00
* Applies for all professional staff: Engineers, Planners, Economists, Surveyors, Arquitects, and
Landscape Architects.
13. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the performance of services herein
required, City shall pay Consultant at the rates or amounts set forth below:
-8-
f-
U None, the compensation includes all costs.
U Copies, travel, data purchases, other expenses
not to exceed $
( ) Copies, not to exceed $_:
Cost or Rate
U Travel, not to exceed $
( ) Printing, not to exceed $
( ) Postage, not to exceed $
( ) Delivery, not to exceed $
U Long Distance Telephone Charges,
not to exceed $
(X) Other Actual Identifiable Direct Costs:
Recording fees, postage, and large reproduction services will
be billed at cost, not to exceed $3,000:
, not to exceed $
14. Contract Administrators:
City: Sohaib Al-Agha, SeniorCivil Engineer
Consultant: Greg Mattson, VP
McGill Martin Self, Inc.
344 "F" Street, Suite 100
Chula Vista, CA. 92101
Phone (619) 425-1343
FAX 619) 425-1357
15. Liquidated Damages Rate: NA
U$_perday.
U Other:
16. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest
Code:
CJ Not Applicable. Not an FPPC Filer.
(X) FPPC Filer
U Category No.1. Investments and sources of income.
U Category No.2. Interests in real property.
- 9-
! 6
(X) Category No.3. Investments, interest in real property and sources of income subject to the
regulatory, permit or licensing authority of the department.
(X) Category No.4. Investments in business entities and sources of income which engage in land
development, construction or the acquisition or sale of real property.
(X) Category No.5. Investments in business entities and sources of income ofthe type which,
within the past two years, have contracted with the City ofChula Vista (Redevelopment Agency) to
provide services, supplies, materials, machinery or equipment.
U 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.
U Category No. 7. Business positions.
U List "Consultant Associates" interests in real property within 2 radial miles of Project Property,
if any:
17. U Consultant is Real Estate Broker and/or Salesman
18. Permitted Subconsultants:
19. Bill Processing:
A Consultant's billing to be submitted for the following period of time:
(X) Monthly (The City will use its best effort to remit payments within 30 days)
U Quarterly
U Other: Completion of
B Day of the Period for submission of Consultant's Billing:
(X) First of the Month
U 15th Day of each Month
LJ End of the Month
LJ Other:
- 10-
--
C City's Account Number: 00891-2751105091754-810000
20. Security for Performance
U Performance Bond, $
U Letter of Credit, $
U Other Security:
Type:
Amount: $
U 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:
U Retention Percentage: %
U Retention Amount: $
Retention Release Event:
U Completion of All Consultant Services
U Other:
J :\Engineer\LANDDEV\CFD\CFD06I\MMSAmendment I.doc
- 11 -
...,
COUNCIL AGENDA STATEMENT
Item ~".
Meeting Date 5/07/02
ITEM TITLE:
Resolution Appropriating $7,000 from the available
balance in the CDBG Fund, for Capital Improvement Project STL-271,
"Bikeway Master Plan Update"
Resolution Appropriating $160,000 from the available
balance in the Transportation DlF, for Capital Improvement Project STM-
340, "East H Street Widening Project"
SUBMITTED BY:
Resolution Appropriating $50,000 from the available
balance in the Gas Tax Fund, for a new Capital Improvement Project (STM-
350) to provide for dual-left turn lanes on Main Street at the 1-805
interchange
Director of Public Works ~
. C'I-
City Manager C, :yJ- (4/5ths Vote: Yes~ No ~
,1"''''''
REVIEWED BY:
There are three (3) Capital Improvement projects that staff would like to commence work on that
require an appropriation of funds in order to expedite these projects. The projects are the Bicycle
(Bikeway) Master Plan update, the south side street widening of East H Street, adjacent to the 1-805
northbound ramps and, the future street widening of Main Street at the 1-805 interchange to provide
for additional left-turn lanes onto 1-805.
RECOMMENDATION: That Council approve the resolution appropriating $7,000 from the
available fund balance in the Community Development Block Grant (CDBG) Funds for Capital
Improvement Project STL-27I, "Bikeway Master Plan Update Project".
That Council approve the resolution appropriating $160,000 from the unappropriated balance ofthe
Transportation DIF for Capital Improvement Project STM-340, "East H Street Widening Project".
That Council approve the resolution appropriating $50,000 from the unappropriated balance in the
Gas Tax Fund for a new Capital Improvement Project (STM-350) to provide for dual-left turn lanes
on Main Street at the 1-805 interchange.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Bikeway Master Plan update
The Bikeway Master Plan Update project is in need of revision since the last update was completed
in 1996. This project identifies existing facilities and deficiencies throughout the City. An updated
facilities list of the bike lanes, bike routes and bike paths in the City will be prepared with
C, -I
Page 2, Item L
Meeting Date 5/7/02
recommendations for changes and proposed projects to provide connectivity from one area of the
City to another. In addition, facilities in areas that are underserved by bicycle facilities will be
identified and cost estimates will allow the City to be able to determine the amount of funding
needed for future bicycle facility projects.
This master plan update is one component of the City's General Plan update. As part of the City
General Plan update, the City and SANDAG have established a system of regional bikeways in the
San Diego Metropolitan area and this bikeway system is intended to serve regional long distance
travel needs in addition to providing for local travel. A master plan is required in order to submit
future funding requests for bicycle facility improvements.
Related to the bikeway master plan is the Greenbelt Master Plan update. The Greenbelt Master Plan
update is related to the Bikeway Master Plan update in that it also considers the bicyclist in areas that
are typically not adjacent to roadways, but rather in canyons or along rivers and other areas where
the recreational bicyclist is more apt to use than a commuter. Bicycle facilities that traverse the
perimeter of the City through the greenbelt areas that surround the City such as the Bayfront, Otay
River valley, Salt Creek valley and the Sweetwater corridor are the areas for consideration in the
Greenbelt study.
Due in part to the justification of the ability to coordinate efforts for these two projects, staffinitially
felt that it would be in the City's best interests to consider combining these two projects since the
selected consulting firm was the same for each. Staff and the consultant team discussed the issues
related to both projects and it was clearly decided by all that it was too soon to begin work on the
green belt project since the City's MSCP has not yet been approved. Based on those discussions,
staffbelieves that it would be in the City's best interests ifthe green belt project would be postponed
until after the MSCP is adopted.
Due to these discussions and previous fiscal year's staff costs on the bikeway master plan project,
staff does not have sufficient funds to award the $48,910 contract. The CIP budget is $50,000 and
staff did not take into account the staff charges for both this year and the prior year's expenditure of
staff time charges for the project budget. Therefore, staff is requesting that an additional $7,000 be
appropriated from the available balance of the CDBG fund. The $7,000 ofCDBG funding will be
utilized only in CDBG eligible areas of the City and sufficient funds are available within the CDBG
fund through the under-budget completion and closing of an existing CDBG funded CIP project
(STL-228). In reviewing the consultant's cost estimate, staff is of the opinion that the contract is
complete and fair for the services required. In review of the consultant's similar work for other
agencies in the County, the City staff selection committee felt that by far, this proposal was the most
complete and best submitted for review.
East H Street Widening project - South side (aJ 1-805
The widening of East H Street on the south side of the vicinity of the northbound 1-805 off ramps is
before the Council since it is one project that has been identified as a priority project for the East H
Street corridor that it be completed within the next few months. The CIP program identifies this
project in the FY03/04 budget but it is necessary for staff to design and award this project this fiscal
year in order to expedite construction. Staff is also working on the improvements for the north side
Page 3, Item ~
Meeting Date 5/7/02
of the street, east ofl-805, but it is not expected that construction will commence on the north side
improvements until late this year or early next year. To that end, City staff has begun the
preliminary engineering and coordination efforts with Caltrans and would like to "officially"
formally commence the design process. Preliminary conversations with Caltrans seem hopeful that
this project will have a quick review period and will be able to be constructed within the City's short
time line goal and before the fall holiday period.
On April 261h, City staff met with Caltrans Environmental, Design and Freeway Operations staffto
discuss the project related design issues. Based on the project description, the environmental
document seems likely to be "Categorically Exempt" but until the final design plans are completed
and submitted for Caltrans review, Caltrans will not make this determination. City staff did leave
with Caltrans staff two preliminary design concept plans that clearly show the extent of this work.
City staff was told that additional Caltrans staff contacts were needed with the Electrical and
Landscaping groups in order to resolve the traffic signal and landscaping modifications that are
needed with the street widening. Follow up meetings will be scheduled as needed so that critical
path items are resolved.
In an effort to expedite the construction of this project, staff will be ordering signal equipment and
appurtenances for this project so that once this project is brought back to Council, this summer for
awarding ofthe construction contract, the items that require the longest lead time will have already
been delivered to the City. There is one traffic signal standard at the southeast comer of East H
Street and the northbound off-ramp that will be replaced and the ordering/delivery lead time is
estimated at 20-weeks.
Once completed, there will be three (3) through lanes in the eastbound direction from the 1-805
southbound off-ramp to the Terra Nova shopping center. The eastbound number three lane that
today serves solely as a right-turn lane for the east-to-northbound on-ramp will become a shared
through and right-turn lane. Afternoon peak period delays and vehicular queues would be reduced.
Based on the above, staff is recommending that Council move up the funding of $160,000 for this
proj ect by fourteen (14) months.
Main Street widening at the 1-805 interchange
Due to recent projects east of the Main Street/I-805 interchange and the need to provide additional
left-turn capacity for the west-to-south turning movement, staff would like to begin work on the
design to widen the roadway at the interchange area. With the future expansion ofthe Auto Park and
Otay Ranch Village 2 and industrial areas to the east, this project will improve traffic circulation at
this vital interchange.
Staff would like the Council to consider funding the preliminary engineering costs for this fiscal year
so that staff can commence work on this project. Staff would then return to Council in a few months
with a revised cost estimate for this project and a project timeline. Also, staff is preparing to submit
to Council an updated revised Transportation Development Impact Fee Ordinance (TDIF). This
project, while not included in the current TDlF, is proposed to be added as an authorized TDIF
project. Upon adoption ofthe updated TDlF Ordinance by Council, funding for this project will be
shifted to the TDIF fund and any Gas Tax funds expended will be reimbursed by the TDIF. Should
/ _ -7
((T::;;
p
Page 4, Item ..42-
Meeting Date 5/7/02
this project not be included in the updated TDIF Ordinance, staff will come back to Council with an
alternate financing strategy for the project. It is anticipated that due to the City's efforts on the
Traffic Enhancement Program, that the Main Street interchange project may precede the City's
efforts on the East Palomar Street/I-805 interchange. As Council is aware, there are many design
constraints and costs associated with the East Palomar Street project.
FISCAL IMPACT: The Bikeway Master Plan project (STL-27l) is funded by Transportation
Development Act (TDA) funds and the $7,000 funding shortfall will be funded by the
unappropriated balance of CDBG funds.
The East H Street Widening project (STM-340) will be funded by $160,000 of the unappropriated
balance of the Transportation DIF.
The Main Street widening project at the 1-805 interchange preliminary engineering will be funded by
$50,000 of the unappropriated balance of the Gas Tax Fund
Attachments:
Bikeway Master plan CIP sheet
East H Street Widening Project CIP sheet
East Palomar Street CIP sheet
File No: 0735-10-STL-2711073S.10-STM-340
J :\Engineer\AGENDA \STL27! STM340NEWCIPMAlN8052.fxr.doc
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RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROPRIATING
$7,000 FROM THE AVAILABLE BALANCE IN
THE CDBG FUND, FOR CAPITAL IMPROVEMENT
PROJECT STL-271, "BIKEWAY MASTER PLAN
UPDATE"
WHEREAS, the Bicycle Master Plan will identify
existing facilities and bicycle deficiencies throughout the
City, along with cost estimates to make improvements; and
WHEREAS, the objective of the new Bicycle Master
Plan study is to review and make recommendations as to how
the current bikeway network within the city planning area
can be updated to best suit the needs of the City in the
future; and
WHEREAS, the work will be done in conj unction
with the General Plan update; and
WHEREAS, several bicycle facilities have been
established in the City of Chula Vista since SANDAG
developed a system of regional bikeways in the San Diego
Metropolitan Area; and
regional
providing
WHEREAS, the bikeway system is
long distance travel needs
for local travel; and
intended to serve
in addition to
WHEREAS,
submit future TDA
improvements.
a master
funding
plan is required in order to
requests for bicycle lane
Council
$7,000
Capital
Update."
NOW, THEREFORE, BE IT RESOLVED that the city
of the City of Chula Vista does hereby appropriate
from the available balance in the CDBG Fund, for
Improvement proj ect STL-2 71, "Bikeway Master Plan
Presented by
Approved as to form by
0-'1
i
M. KahenJ{
At torney l_
John P. Lippitt
Director of Public Works
J:\Attorney\RESO\Bikeway Master Plan Update.doc
RESOLUTION NO. 2002
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROPRIATING $160,000 FROM
THE AVAILABLE BALANCE IN THE TRANSPORTATION
DIF, FOR CAPITAL IMPROVEMENT PROJECT STM-
340, "EAST H STREET WIDENING PROJECT"
WHEREAS, the East H Street Widening proj ect is
one project that has been identified as a priority project
for the East H Street corridor and it is desired to be
completed within the next few months; and
WHEREAS, the CIP program identifies this project
in the FY03/04 budget but it is necessary for staff to
design and award this project this fiscal year in order to
expedite construction; and
WHEREAS, city staff
engineering and coordination
would like to formally commence
has begun the preliminary
efforts with Caltrans and
the design process; and
WHEREAS, in an effort to expedite the
construction of this project, staff will be ordering signal
equipment and other appurtenances for this project so that
once this proj ect is brought back to Council, this summer
for awarding of the construction contract, the items that
require the longest lead time will have already been
delivered to the City; and
WHEREAS, the eastbound number three lane that
today serves solely as a right-turn lane for the east-to-
northbound on-ramp will become a shared through and right-
turn lane so that once completed, there will be three (3)
through lanes in the eastbound direction from the I-80S
southbound off-ramp to the Terra Nova shopping center; and
WHEREAS, afternoon peak period
vehicular queues would be reduced; and
delays
and
WHEREAS,
up the funding of
(14) months.
staff is recommending that
$160,000 for this project
Council move
by fourteen
NOW, THEREFORE, BE IT RESOLVED that the city
Council of the City of Chula vista does hereby appropriate
$160,000 from the available balance in the Transportation
//)
DIF, for Capital Improvement Project STM-340,
street Widening Project".
Presented by
Approved as to form by
'~, '
~?Y~!dtt1li#
Joh}l M. KahenyY.
c,ity Attorney'-,,'
John P. Lippitt
Director of Public Works
J:\Attorney\RESO\East H Street widening Projects.doc
_ r
2
"East H
RESOLUTION NO. 2002
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROPRIATING $50,000 FROM
THE AVAILABLE BALANCE IN THE GAS TAX FUND,
FOR A NEW CAPITAL IMPROVEMENT PROJECT (STM-
350) TO PROVIDE FOR DUAL-LEFT TURN LANES ON
MAIN STREET AT THE I-80S INTERCHANGE
WHEREAS, due to recent projects east of the Main
Street/I-80S interchange and the need to provide additional
left-turn capacity for the west-to-south turning movement,
staff would like to begin work on the design to widen the
roadway at the interchange area; and
WHEREAS, with the future expansion of the Auto
Park and Otay Ranch Village 2 and industrial areas to the
east, this project will improve traffic circulation at this
vital interchange; and
WHEREAS, staff would like the Council to consider
funding the preliminary engineering costs for this fiscal
year so that staff can commence work on this project.
NOW, THEREFORE, BE IT RESOLVED that the City
Council of the City of Chula vista does hereby appropriate
$50,000 from the available balance in the Gas Tax Fund, for
a new Capital Improvement project (STM-350) to provide for
dual-left turn lanes on Main Street at the I-80S
interchange
Presented by
Approved as to form by
II- '
_f,/
John P. Lippitt
Director of Public Works
John M. Kaheny
City Attorney
J:\Attorney\RESO\Main Street Dual Left-turn Lanes.doc
,~ ,t..
COUNCIL AGENDA STATEMENT
Item
Meeting Date
1
5/7/02
ITEM TITLE:
Resolution Granting an 84 square foot utility easement to Pacific
Bell Telephone Company across City-owned property located on the west side
of Pas eo Ranchero north of East H Street and authorizing Mayor to execute the
easement.
Director of Public Works ('
/'f'-
City Managerb.f;Jol'-' (4/5ths Vote: Yes _ NoX)
SUBMITTED BY:
REVIEWED BY:
On November 27,200 I, the Pacific Bell Telephone Company submitted a letter requesting a permanent
easement along Paseo Ranchero north of East H Street over City owned property next to Fire Station No.
4. The easement is for the installation, operation, maintenance, replacement and repairs of
communication facilities, together with the right of ingress and egress thereto over said easement.
RECOMMENDATION: That Council adopt the subject resolution granting an 84 square foot
casement to Pacific Bell Telephone Company across City-owned property located on the west side of
Paseo Ranchero north of East H Street and authorizing Mayor to execute the easement.
BOARDS/COMMISSIONS RECOMMENDATION:
Not applicable.
DISCUSSION:
The proposed easement is located on a parcel owned by the City for the existing Fire Station No.4 and is
also the site of the future public library in Rancho Del Rey. Staff involved with this City parcel from the
Fire, Libraries, Landscaping and Engineering departments worked with Pacific Bell to find a suitable
location for the easement that would not be in conflict with existing and future City facilities. The
easement is 9 feet by 9 feet square totaling 84 square feet and is located adjacent to the Pas eo Ranchero
right-of-way (see Exhibit "A").
Pacific Bell indicates the communications equipment is needed to bring additional phone lines and
Digital Subscriber Line (DSL) services to the region, some of which will be needed by the new public
library. They also said there were no available areas within existing right-of-way that would have
worked for the new equipment. Pacific Bell agreed to replace any damaged landscaping and/or
irrigation facilities as a result of the equipment installation.
The language in the easements has been reviewed by the City's Engineering Division and approved by
the City Attorney's office (see Exhibit "B").
FISCAL IMP ACT: There is no cost to the General Fund. Pacific Bell has paid a $500.00 fee for the
processing of this easement.
Exhibit: A - Easement Plat
B - Easement Document for signature by Mayor
J :\Engineer\A G ENDA \PF304 _ Reso_doc
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RECORDED AT THE REQUEST OF
PACIFIC BELL
WHEN RECORDED RETURN TO
Pacific Bell
Right of Way Office
6150 Mission Gorge Road, Suite 200
San Dieqo. CA 92120 No Documentary Transfer Tax Due. Bv
CHULA VISTA EXCHANGE THE ABOVE BOX FOR RECORDER'S USE
Aqent
03(17)1975Q
642-391-06
Page 1 of 3
RIGHT OF WAY EASEMENT
CITY OF CHULA VISTA, hereinafter referred to as "Grantors," hereby grant(s) to PACIFIC
BELL TELEPHONE COMPANY, a California Corporation, its successors and assigns.
hereinafter referred to as "Grantee," the right from time to time to construct and install
communication facilities over, across, upon and under the hereinafter described real property
and to use, operate, inspect, repair, replace and remove said facilities, or any of them,
together with an exclusive right of way and easement, including ingress and egress thereto.
Said communication facilities shall consist of the following:
1. Underground wires, cables and other electrical conductors and appurtenances for
communication purposes;
2. Conduits and manholes, together with marker posts above ground;
3. Structures with electronic communication equipment, and associated paving,
fencing and other appurtenances related thereto.
Grantor(s) also grant(s) to Grantee(s) the right to receive municipal service and commercial
power service from the appropriate utility company serving the area, together with the right
for such utility company to place their respective service facilities upon and within said
easement.
Grantor(s) his/her/their successors and assigns, shall not erect or construct any building or
other structure or drill or operate any well within said easement.
Grantor(s) also grant(s) to Grantee(s) the right to trim such trees and other foliage and to
cut such limbs and roots on said property as may be necessary for the protection of said
facilities.
Grantee shall be responsible for damage caused intentionally or by any negligent act or
omission of Grantee, its agents or employees while exercising the rights granted herein.
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642-391-06
Page 2 of 3
Said real property is in the County of San Diego, State of California, and is described as follows:
That portion of Lot "I" of Chula Vista Tract No. 88-1 Rancho Del Rey Phase 2
subdivision as said lot is shown on map of said subdivision filed for record as Map No.
12341 on the 28 day of March, 1989, all in the Office of the County Recorder of San
Diego County.
This legal description was prepared pursuant to Section 8730@ of the Business and
Professions Code.
The above described easement shall be located on the following portion of said property:
Beginning at the Northeast corner of Lot "I" per subdivision map No. 12341 monumented
by a found disc stamped "L.S. 4324" set along an extension of the lot line at an offset of
7.04 feet; thence South 43023'32" East 21.69 feet to the beginning of a curve concave to
the Northeast having a radius of 542.00 feet; thence South & East along said curve
through a central angle of 20036'26", a distance of 194.94 feet; thence South 63059'58"
East 113.46 feet to the TRUE POINT OF BEGINNING; thence continuing South
63059'58" East 9.30 feet; thence South 26000'02" West 9.00 feet; thence North 63059'
58" West 9.30 feet; thence North 26000'02" East 9.00 feet to the TRUE POINT OF
BEGINNING.
Executed this
day of
,2002.
CITY OF CHULA VISTA
BY:
ITS:
03(17)1975Q
642-391-06
Page 3 of3
State of California
CAPACITY CLAIMED BY SIGNER
County of San Diego}
On
(Date)
personally appeared
before me,
(Name, Notary Public)
personally known to me - OR -
(Name(s) ofSigner(s)
proved to me on the basis of satisfactory evidence to be
the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me
that helshelthey executed the same in his! herl
their authorized capacity(ies), and that by hislherl
their signatnre( s) on the instrument the person( s),
or the entity upon behalf of which the person( s)
acted, executed the instrument.
Witness my hand and official seal.
Signature of Notary
,.-
"1._ ~,
! /
INDNlDUAL(S)
CORPORATE
OFFICER(S)
(Title(s)
PARTNER(S)
ATTORNEY-IN-FACT
TRUSTEES
GUARD~N/CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
Name ofPerson(s) or Entity(ies)
Copyright 1993 National Notary
Association, Canoga Park, CA
RESOLUTION NO. 2001-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA GRANTING A 84 SQUARE FOOT UTILITY
EASEMENT TO PACIFIC BELL TELEPHONE COMPANY ACROSS
CITY-OWNED PROPERTY LOCATED ON THE WEST SIDE OF
PASEO RANCHERO NORTH OF EAST H STREET AND
AUTHORIZING MAYOR TO EXECUTE THE EASEMENT
WHEREAS, on November 27, 2001, the Pacific Bell
Telephone Company submitted a letter requesting a permanent
easement along Paseo Ranchero north of East H Street over city
owned property next to Fire station No.4; and
WHEREAS, the easement is
operation, maintenance, replacement and
facilities, together with the right
thereto over said easement.
for the installation,
repairs of communication
of ingress and egress
NOW, THEREFORE, BE IT RESOLVED that the City Council
of the City of Chula vista does hereby adopt the subject
resolution granting a 84 square foot easement to Pacific Bell
Telephone Company across city-owned property located on the west
side of Paseo Ranchero north of East H Street.
BE IT FURTHER RESOLVED that the Mayor of the city of
Chula vista is hereby authorized and directed to execute said
easement on behalf of the city of Chula vista.
Presented by
Approved as to form by
John P. Lippit t
Director of Public Works
J:\Attorney\RESO\Pac Bell Utility Ease.doc
-/.. ~
COUNCIL AGENDA STATEMENT
Item: ~
Meeting Date: 5/07/02
ITEM TITLE: RESOLUTION ACCEPTING AND APPROPRIATING
UNANTICIPATED GRANT REVENUE FROM THE
DEPARTMENT OF JUSTICE TO PURCHASE FIRE
EMERGENCY RESPONSE WEARING APPAREL
SUBMITTED BY: Fire Chief DAP
REVIEWED BY: City Manage6'f'ptv (415ths Vote: Yes]LNo _l
.t,l
In March of 2001 the Fire Department applied for a $124,400 State Emergency
Preparedness Grant from the Department of Justice. The department has
received partial funding in the amount of $38,200 to purchase basic emergency
response wearing apparel. The emergency response wearing apparel will
increase fire personnel's readiness to deal with threats and incidents of domestic
terrorism.
RECOMMENDATION: That Council accept and appropriate $38,200 in
unanticipated grant revenues from the Department of Justice
BOARDSICOMMISSIONS RECOMMENDATION: N/A
DISCUSSION
During FY 01, the Fire Department applied for a State Domestic Preparedness
Equipment Grant administered by the Department of Justice. The department
requested $124,400 to purchase emergency response equipment for fire
personnel and a thermal imaging camera. The grant program is designed to
build fire department capabilities in dealing with threats and incident's of
domestic terrorism. The grant funds basic emergency response equipment for
State and Local agencies.
As such, the department has received notice of partial funding in the amount of
$38,200. Funding was not provided for the thermal imaging camera. Staff will
pursue other grant programs for future funding of a thermal imaging camera.
The partial award will be used to purchase emergency response wearing apparel
for fire personnel.
FISCAL IMPACT
Acceptance of this grant will enable the department to purchase one-time
emergency response equipment on a reimbursement basis. There is no ongoing
impact to the general fund. Furthermore, the grant has no local match
requirements.
:3 -I
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING AND APPROPRIATING UNANTICIPATED GRANT
REVENUE FROM THE DEPARTMENT OF JUSTICE TO PURCHASE
FIRE EMERGENCY RESPONSE WEARING APPAREL.
WHEREAS, in March 2001, the Fire Department applied for a State
Domestic Preparedness Equipment Grant from the Department of Justice in the
amount of $124,400; and,
WHEREAS, the Fire Department has received a partial grant award in the
amount of $38,200; and,
WHEREAS, the grant funds will be used to purchase basic emergency
response wearing apparel for fire personnel; and,
WHEREAS, the emergency response wearing apparel will improve the
department's capabilities to deal with threats and incidents of domestic terrorism;
and,
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of
Chula Vista does hereby accept and appropriate unanticipated grant revenue
from the Department of Justice to purchase Fire emergency response wearing
apparel.
Presented by:
,- //--\ j)
~-.;J\ ( -
'- ~uglaS>A. Perry- ~ -
Fire Chief ~
Approved as to form by:
".~I ..
c L
CITY COUNCIL AGENDA STATEMENT
Item No C{
Meeting Date 517/02
ITEM TITLE:
Resolution
Tax Records.
Authorizing Examination of Sales and Use
SUBMITTED BY: Assistant City Manager Powell '(
REVIEWED BY: City ManageU~~'1- ( 415ths Vote: Yes
k-'"
No~)
SUMMARY;
In reaction to recently chaptered laws further restricting access to confidential
sales and use tax information, the State Board of Equalization is requesting that
the City adopt a replacement resolution specifying who is authorized access and
under what circumstances.
RECOMMENDATION:
That Council approve the Resolution Authorizing Examination of sales and use
Tax Records.
BOARDSlCOMMISSIONS RECOMMENDATIONS: None
DISCUSSION:
Pursuant to California Revenue and Taxation Code Section 7200, et seq., the
City has adopted a sales and use tax ordinance (Ordinance 775) which imposes
a tax and provides for administration and collection by the State Board of
Equalization. Pursuant to California Revenue and Taxation Code Section 7506,
the City by resolution may designate any officer, employee, or any other person
to examine the records of the State Board of Equalization pertaining to sales and
use taxes collected for the City.
In 1992, the Council adopted resolution no. 16927, authorizing the City Manager,
Finance Director, Revenue Manager, and Senior Accounting Manager to receive
and review sales tax records, and in addition, designated the consulting firm of
Municipal Resource Consultants as a representative of the City also authorized
to examine all records of the State Board of Equalization pertaining to sales and
use taxes collected by the Board on behalf of the City. The firm of Municipal
Resource Consultants has since become known as MBIA MuniServices
9- {
Page 2, Item
Meeting Date
q
5/7/02
Company. They represent the City under a long-term contract generally to
perform sales tax and utility users tax audit services.
In reaction to provisions of Assembly Bill 1965 (Chapter 962, Statutes of 2000),
the Board is now requiring the City to replace the existing resolution authorizing
examination of their records with a new resolution specifically in concert with the
requirements of the new law. The law apparently differentiates between
"allocation" information and "registration" information, and the Board asserts that
the existing resolution only addresses allocation information.
FISCAL IMPACT:
Since approval of staffs recommendation will continue to enable MBIA
MuniServices Company to access the Board's sales and use tax records, the
City will continue to ensure that tax proceeds are maximized under the law and
are properly allocated to the City. Sales tax revenues make up approximately
20% of total General Fund revenues.
1-2
RESOLUTION NO.2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AUTHORIZING EXAMINATION OF SALES AND USE TAX
RECORDS
WHEREAS, pursuant to Ordinance No. 775, the City of Chula Vista
entered into a contract with the State Board of Equalization to perform all
functions incident to the administration and collection of local sales and use
taxes; and
WHEREAS, the City Council of the City of Chula Vista deems it desirable
and necessary for authorized representatives of the City to examine confidential
sales and use tax records of the State Board of Equalization pertaining to sales
and use taxes collected by the Board for the City pursuant to that contract; and
WHEREAS, Section 7056 of the California Revenue and Taxation Code
sets forth certain requirements and conditions for the disclosure of Board
records, and establishes criminal penalties for the unlawful disclosure of
information contained in, or derived from, the sales and use tax records of the
Board;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA
VISTA HEREBY RESOLVES AS FOLLOWS:
Section 1. That the Assistant City Manager/Director of Finance, the
Assistant Director of Finance, the Treasury Manager, and the Collection
Supervisor, or other officers or employees of the City designated in writing by the
City of Chula Vista to the State Board of Equalization (hereafter referred to as
Board), are hereby appointed to represent the City with authority to examine
sales and use tax records of the Board pertaining to sales and use taxes
collected for the City by the Board pursuant to the contract between the City and
the Board. The information obtained by examination of Board records shall be
used only for purposes related to the collection of City sales and use taxes by the
Board pursuant to that contract.
Section 2. That MBIA MuniServices Company is hereby designated to
examine the sales and use tax records of the Board pertaining to sales and use
taxes collected for the City by the Board, and said company meets all of the
following conditions:
a) has an existing contract with the City to examine those sales and use tax
records;
b) is required by that contract to disclose information contained in, or
derived from, those sales and use tax records only to the officer or
1
-
~ ,
-
employee authorized under Section 1 of this resolution to examine the
information;
c) is prohibited by that contract from performing consulting services for a
retailer during the term of that contract; and
d) is prohibited by that contract from retaining the information contained in,
or derived from those sales and use tax records, after the contract has
expired.
The information obtained by examination of Board records shall be used only for
purposes related to the collection of City sales and use taxes by the Board
pursuant to the contract between the City and the Board.
Section 3. That this resolution supercedes all prior resolutions of the City
Council of the City of Chula Vista adopted pursuant to subdivision (b) of Revenue
and Taxation Code Section 7056.
Presented by:
Approved as to form by:
Robert W. Powell
Assistant City Manager/Director of Finance
J :\Attorney\reso\sales and use tax
2
COUNCIL AGENDA STATEMENT
Item ID
Meeting Date 05/07/02
ITEM TITLE:
Resolution Amending the FY 02 budget by deleting a vacant .75
FTE Graphic Artist position and adding a 1.0 FTE Graphic Designer position
in Administration and amending the FY03 Adopted Spending Plan therefor.
SUBMITTED BY: Director of Human Resources C)..;
REVIEWED BY: City Managejt. . (4/5thVote:Yes...K.-No~
1>1~
..
SUMMARY: Council is being asked to amend the FY 02 budget by deleting a vacant .75
FTE Graphic Artist position and adding a 1.0 FTE Graphic Designer position in Administration and
amending the FY03 Adopted Spending Plan to absorb the incremental cost.
RECOMMENDATION: That the City Council adopt the resolution to amend FY 02 budget and
FY 03 Spending Plan to delete a vacant .75 FTE Graphic Artist position and add a 1.0 FTE Graphic
Designer position in Administration amending the FY03 Spending Plan for Administration by
transferring $34,816 from supplies and services to personnel services.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
Position: Graphic Artist (CVEA) - .75 position
Department: Office of Communications
Recommendation: Delete one vacant .75 FTE Graphic Artist position. Add 1.0 FTE Graphic
Designer. Salary placement will increase to $50,106 (E).
Discussion:
This position has dramatically evolved in a short period of time from a part-time temporary .50 FTE
position to a permanent. 75 FTE position with a shift from basic graphic artwork for one department
to a full compliment of graphic design work and responsibilities for the entire city. This position was
originally established to perform basic illustrations, artwork and graphic productions for the City
with its primary focus being the graphic work for the Parks and Recreation Department. It provided
only basic graphic art and artistic support which included illustrating and hand lettering; designing
and making signs, posters, flyers and the quarterly Parks and Recreation brochures. This was a
temporary part-time position and due to its temporary status was not included in the compensation
study that was conducted in 1999 by Shannon and Associates.
A citywide communications audit that was conducted in 2000 identified the need to strengthen and
unify citywide graphics. The audit further recommended that graphic design responsibilities be
centralized in the Office of Communications. The part-time temporary Graphics Artist position in the
Parks and Recreation Department was changed to a permanent 30-hour per week position and in
/0-1
Page 2, Item_
Meeting Date 05/07/02
October 200 I the City Manager approved the transfer of this position to the Office of
Communications. This position assumed citywide graphic responsibilities that broadened the
original focus of the position to include a full range of graphic design support. With the transfer of
this position to the Office of Communications, the role of the Graphic Artist and the level of
responsibilities, scope and expectations have changed significantly. The increased level of
responsibility and expanded duties now being required of the Graphic Artist will establish a stronger
and more consistent graphics identity for the City as well as providing consistent style and theme
throughout the departments. This evolution supports the significance of the reclassification of this
position from artist to key component of the new Office of Communications. The current
classification is so different from the proposed in complexity, level of responsibility and expectations
and should be viewed as a new classification.
The new Graphic Designer position will assist the Public Information Officer in planning and
implementing the graphics portion of the City's public information program. The responsibilities
will include the development and implementation of a citywide graphics request system that entails
processing and scheduling graphic work requests for all city departments as well as assuring
completion of work products in an accurate and timely manner. This position will confer with
department staff regarding project budget, background information, objectives, presentation
approaches, styles, printers, techniques and related production factors, along with formulating
concepts and executing layout designs for artwork. This position will schedule routine activities
needing graphic and cartographic work, and prepare sketches, graphs and related artwork using a
variety of art materials and prepares camera-ready artwork and will research, select and secure
suitable illustrative or photographic materials, and determine size and arrangement of material and
copy based upon available space. Other duties; will be serving as the main contact for use of the
City's logo for employees and external groups and working with the citywide Communications
Committee to develop a graphic standards manual.
Based on the duties above, as well as an extensive review and comparison of external job
specifications and salary data, a revision of the job specification, title change from Graphic Artist to
Graphic Designer and a salary upgrade is recommended. The labor market survey data collected
shows a mean of $4176 (E) compared to the current salary of $2281 (E). In accordance with the
City's compensation guidelines, a salary upgrade to $4176 (E) is recommended.
Fiscal Impact:
The increased cost of the change in position can be absorbed by salary savings in FY02. The
ongoing annual impact of$34,816 can be addressed by transferring anticipated savings in supplies
and services to salaries resulting in no net impact. Enhancing in-house graphic design capacity
should result in additional savings, long-term, as other city departments will be able to reduce
budgets in contractual graphic design services.
10-2-
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FY02 BUDGET TO
DELETE A VACANT .75 FTE GRAPHIC ARTIST
POSITION AND ADD 1.0 FTE GRAPHIC DESIGNER
POSITION IN ADMINISTRATION AND AMENDING THE
FY03 ADOPTED SPENDING PLAN THEREFOR
WHEREAS, the addition of higher level duties and
changes in level of authority and responsibility necessitates
reclassification of one vacant .75 FTE Graphic Artist position to
1.0 FTE Graphic Designer in the Office of Communications:
Position: Graphic Artist (CVEA) - one .75 position
Department: Office of Communications
Recommendation: Reclassify one vacant .75 FTE Graphic Artist
position to 1.0 FTE Graphic Designer. Salary placement will
increase to $50,106 (E Step).
WHEREAS, the new Graphic Designer position will assist
the Public Information Officer in planning and implementing the
graphics portions of the City's public information program; and
WHEREAS, based on the duties as well as an extensive
review and comparison of external job specifications and salary
data, a revision of the job specification, title change from
Graphic Artist to Graphic Designer, and a salary upgrade is
recommended.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby amend the FY02 budget to
delete a vacant .75 FTE Graphic Artist position and add 1.0 FTE
Graphic Designer position in Administration and amending the FY03
Adopted Spending Plan therefore.
Presented by
Approved as to form by
Ylo-u. / ~ roQ.
John M. Kalleny
City Attorney
Candy Emerson
Director of Human Resources
J:\attorney\reso\graphic designer
)-:5
COUNCIL AGENDA STATEMENT
Item: II
Meeting Date: 5107/02
ITEM TITLE:
Resolution accepting a grant in the amount ot $20,000 trom
Aging and Independence Services (AIS) of San Diego County for the
development of a Life Options Annex for seniors at Norman Park Center
authorizing the Recre' Director to execute such agreement, and
amending the FY 03 t and spending plan by appropriating
unanticipated grant r e amount of $20,000.
SUBMITTED BY:
Director of Recreati 'n
REVIEWED BY: City Manager&r:"l/ ______ (4/5ths Vote: Yes X-No _)
j.,p'
The Aging and Independence Services (AIS) of San Diego has given a grant to the City to
provide start up funding for the establishment of a Life Options Program and Annex at Norman
Park Center INPCj, which is available, on a reimbursement basis. through December 31, 2002.
Funding would be used to make minor modifications at NPC to provide a dedicated space,
purchase computers, furniture and materials. develop and implement a Life Options web site,
print and distribute Life Options brochures/pamphlets, and hire contract staff to ensure that the
Life Options Program is a welcoming place for participants to get resource information about
volunteer opportunities. share ideas about community enhancement programs and create
learning events. This program will start in FY2002-03.
STAFF RECOMMENDATION: That the Council approve the Resolution:
1. Accepting the grant in the amount of $20,000 from the County of San Diego, AIS;
and
2. Authorizing the Recreation Director, or his designee. to sign the appropriate
documentation from AIS; and
3. Amending the FY 03 spending plan by increasing the authorized expenditures in the
Recreation Department by $20,000 based on unanticipated grant revenue
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION: The intent of this grant is to provide funding for the Recreation Department to
develop a Life Options Program and Annex that would provide citizens 50 - 65 who are retiring
or nearing retirement with opportunities to make sure their lives "sparkle with enjoyment" and
their retirement time is filled with meaningful contributions that enhance the community and
make a positive difference in individual lives. To date, there is no such center in the U.S.
According to SANDAG, it is anticipated that the 50 - 65 age group in Chula Vista will increase by
128% from 2000 to 2010. Statistically, this segment of the population is more educated.
financially secure and retiring earlier than past generations. This generation will spend more
years in retirement than any previous generation and they are potentially a tremendous
resource to our community.
This population will also have new demands for service as compared to the seniors of past
generations. Research published by the National Council on Aging has indicated that many
/1- /
Page 2, Item II
Meeting Date OS/07/02
Baby Boomers will want assistance with second career job training and choose to participate in
a variety of learning opportunities.
The concept of the Life Options Program is a tocused determination to make the latter third of
lite productive, satisfying and rewarding. This would be accomplished through collaboration
with community educators. social service agencies and non profits such as Southwestern
College. the South County Action Network and South Counfy Adult Schools to develop the Life
Options Program, Annex and web site as a place for the soon-to-retire or recently retired citizens
to find the resources they need to further their education or to channel their talents into
significant community service. Volunteer opportunities (including positions with stipends) may
include working with children in hospitals, day care centers, schools. after-school programs,
sports, physical activities, mentoring, tutoring, teaching, and coaching. Other opportunities will
include second career information and training, community projects, neighborhood
enhancement. and health and wellness education.
The Life Options Annex at NPC would be located in the game room complex, which would be
modified to create a "student union" atmosphere and a dedicated space for computers.
furniture and materials for the Life Options Program. Southwestern College (SWC) is also
concurrently establishing a Life Options Center on their campus that would potentially be linked
via the Internet with the proposed NPC Life Options Annex and the AIS Website.
The $20,000 grant would provide start up funding, on a reimbursement basis, for the
establishment of the Life Options Annex at NPC and is available until December 31, 2002. In-kind
services to be provided by the City would include administrative oversight. use of City facility
and associated utilify costs, publicity and a collaborative PowerPoint presentation. SWC will be
providing the same in-kind services for its campus location in addition to possible assistance with
the design of the shared website.
The Senior Services staff at NPC would oversee the program utilizing interns and volunteers for
program development.
FISCAL IMPACT: The cost of the development of the Life Options Annex would be 100% funded
by the County of San Diego, AIS $20,000 grant. In-kind services to include program oversight.
facility, utility costs and the design of publicity materials would be provided by the City through
the Senior Section of the Recreation Department. There would be no additional staff costs
involved through the current and 2002-03 fiscal years, as existing staff would supervise the intern
and volunteers who would initiate the program.
The Norman Park Education Foundation will solicit tuture funding and additional funding may be
granted through collaboration with participating partners.
11-2-
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING A GRANT IN THE AMOUNT OF
$20,000 FROM AGING AND INDEPENDENCE SERVICES
(AIS) OF SAN DIEGO COUNTY FOR THE DEVELOPMENT
OF A LIFE OPTIONS ANNEX FOR SENIORS AT NORMAN
PARK CENTER AUTHORIZING THE RECREATION
DIRECTOR TO EXECUTE SUCH AGREEMENT, AND
AMENDING THE FY 03 SPENDING PLAN BY
APPROPRIATING UNANTICIPATED GRANT REVENUE IN
THE AMOUNT OF $20,000
WHEREAS, the Aging and Independence Services (AIS) of San
Diego has given a grant to the City to provide start up funding for
the establishment of a Life Options Program and Annex at Norman
Park Center (NPC) , which is available, on a reimbursement basis,
through December 31, 2002; and
WHEREAS, funding would be used to make minor
modifications at NPC to provide a dedicated space, purchase
computers, furniture and materials, develop and implement a Life
Options web site, print and distribute Life Options
brochures/pamphlets, and hire contract staff to ensure that the
Life Options Program is a welcoming place for participants to get
resource information about volunteer opportunities, share ideas
about community enhancement programs and create learning events;
and
WHEREAS, this program will start in FY2002-03.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby:
1. Accept the grant in the amount of $20,000 from the
County of San Diego, AIS.
2. Authorize the Recreation Director, or his designee,
to sign the appropriate documentation from AIS.
3. Amend the FY 03 spending plan by appropriating
unanticipated grant revenue and corresponding
expenditures in the amount of $20,000.
1
~.
~
Presented by
Buck Martin
Director of Recreation
J:\Attorney\RESO\AIS Life Options Grant.doc
Approved as to form by
/\1\ ~ ~ rCQ
John M. Kaheny
City Attorney
2
! - 'I
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
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John M. Kahen
City Attorney
Dated:
5/I~z
Development of a Life Options Center for Seniors at the Norman Park Center
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COUNTY CONTRACT NUMBER 157(; q
AGREEMENT WITH THE CITY OF CHULA VISTA FOR THE DEVELOPMENT OF A LIFE OPTIONS CENTER
FOR SENIORS AT THE NORMAN PARK CENTER.
This Contract ("Contract") is made and entered into on the date shown on the signature page, 4/8/02 by and between the
County of San Diego, a political subdivision of the State of California ("County") and Contractor, The City of Chula Vista, 270
F. Street, Chula Vista, CA, 91910 (" Contractor"), with reference to the following facts:
RECITALS
A. The County, by action of the Board of Supervisors A-87 policy, Paragraph l-C, which states classes of procurements
which are exempt from the requirement for competition are that "procurement from other government agencies and from
competitive contracts awarded by other govenunent agencies, when the price can be detennined fair and reasonable,
authorized the Purchasing and Contracting Deputy Director, pursuant to Article XXIII, Section 40 I of the Administrative
Code, to award a contract to the City of Chula Vista for the development of a Life Options Center at the Nonnan Park
Center.
B. Contractor is specially trained and possesses certain skills, experience, education and competency to perform these
services.
C. The contract shall consist of this pro forma contract, Exhibit A Statement of Work, Exhibit B Insurance Requirements
and Exhibit C, Budget, and Exhibit D, Conflict ofInterest Declaration.
NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties
agree as follows:
ARTICLE 1
PERFORMANCE OF WORK
1.1 Standard of Perfonnance. Contractor shall, in good and workmanlike manner and in accordance with the highest
professional standards, at its own cost and expense, furnish all of the labor, technical, administrative, professional and all
other personnel, all supplies and materials, equipment, printing, transportation, facilities, and all other means whatsoever,
except as herein otherwise expressly specified to be furnished by County, necessary or proper to perform and complete
the work and provide the services required of Contractor by this Contract.
1.2 Contractor's Reoresentative. Contractor's duties under this Contract shall be performed on behalf of the Contractor by the
person identified on the signature page. ("Contractor's Representative"); Contractor represents and warrants that (I)
Contractor's Representative has fulfilled all applicable requirements of the laws of the State of California to perform the
services under this Contract and (2) Contractor's Representative has full authority to act for Contractor hereunder.
Contractor and County recognize that the services to be provided by Contractor's Representative pursuant to this Contract
are unique: accordingly, Contractor's Representative shall not be changed during the Term of the Contract without
County's written consent. County reserves the right to terminate this Contract pursuant to Clause 7.1 "Tennination for
Default", if Contractor's Representative should leave Contractor's employ, or if, in County's judgment, the work
hereunder is not being performed by Contractor's Representative.
1.3 Contractor as lndeoendent Contractor. Contractor is, for all purposes of this Contract, an independent contractor, and
neither Contractor nor Contractor's employees or subcontractors shall be deemed to be employees of the County.
Contractor shall perform its obligations under this Contract according to the Contractor's own means and methods of
work which shall be in the exclusive charge and under the control of the Contractor, and which shall not be subject to
control or supervision by County except as to the results of the work. Neither Contractor nor Contractor's employees or
subcontractors shall be entitled to any benefits to which County employees are entitled, including without limitation,
overtime, retirement benefits, workers' compensation benefits and injury leave.
1.4 Contractor's Agents and Emplovees or Subcontractors. Contractor shall obtain, at Contractor's expense, all agents,
employees and subcontractors required for Contractor to perform its duties under this Contract, and all such services shall
be performed by Contractor's Representative, or under Contractor's Representatives' supervision, by persons authorized
by law to perform such services. Retention by Contractor of any agent, employee or subcontractor shall be at
Contractor's sole cost and expense, and County shall have no obligation to pay Contractor's agents, employees or
subcontractors; to support any such person's or entity's claim against the Contractor; or to defend Contractor against any
such claim. Any subcontract which is in excess of five thousand dollars ($5,000) or a combination of subcontracts to the
same individual or firm for the contract period must have prior approval of the Contracting Officer Technical
Representative. Contractor shall provide Contracting Officer Technical Representative with copies of all other
subcontracts relating to this Agreement entered into by Contractor within 30 days after the effective date of the
subcontract. Such subcontractors of Contractor shall be notified of Contractor's relationship to County. "Subcontractor"
means any entity, other than County, that furnishes to Contractor services or supplies relevant to this Agreement other
than standard commercial supplies, office space, and printing services.
CHULA VISTAPROFRMAdoc
Contract - Page 1 of 1
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COUNTY CONTRACT NUMBER 'i 51 (pq
AGREEMENT WITH THE CITY OF CHULA VISTA FOR THE DEVELOPMENT OF A LIFE OPTIONS CENTER
FOR SENIORS AT THE NORMAN PARK CENTER.
1.4.1 Contractor Responsibilitv. In the event any subcontractor is utilized by Contractor for any portion of the project,
Contractor retains the prime responsibility for carrying out all the tenus of this Agreement, including the re-
sponsibility for performance and insuring the availability and retention of records of subcontractors in
accordance with this Agreement. No subcontract utilizing funds from this Agreement shall be entered into
which has a term extending beyond the ending date of this Agreement.
1.4.2 Mandated Clause. All subcontracts shall include the Standard Tenus and Conditions required of Contractor
herein.
1.4.3 County Aooroval. As identified above, all subcontracts under this contract shall have prior written approval of
the Contracting Officer Technical Representative.
ARTICLE 2
SCOPE OF WORK
2.1 Statement of Work. Contractor shall perform the work described in the "Statement of Work" attached as Exhibit "A" to
this Contract, and by this reference incorporated herein, except for any work therein designated to be performed by
County.
2.2 Ri2ht To Acquire Equioment and Services. Nothing in this Contract shall prohibit the County from acquiring the same
type or equivalent equipment and/or service from other sources, when deemed by the County to be in its best interest.
ARTICLE 3
TERM OF CONTRACT: COUNTY'S OPTIONS TO EXTEND THE TERM
3.1 Contractor shall satisfactorily complete all tasks required by this Contract during the period commencing upon the
Effective Date, which is defined as the date that this Contract is executed on behalf of the County, and ending on the date
shown on the signature page ("Initial Term"). This Contract may be extended at the sole option of the County as shown
on the signature page.
3.2 Such options to extend the term shall be exercised by delivery to Contractor of written notice thereof ten (10) days prior
to expiration of the then current term.
ARTICLE 4
COMPENSATION
4.1 The Payment Schedule is in Exhibit C and the compensation is on the signature page. The County is precluded from
making payments prior to receipt of services (advance payments). Invoices are subject to the following requirements:
4.2 Fiscal
County will pay Contractor the agreed upon price, pursuant to the Payment Schedule in Exhibit C for the work specified
in Exhibit A, Statement of Work.
4.2.1 Accountin2 Svstem And Fiscal Monitorin2. Contractor shall provide and maintain an accounting and financial
support system to monitor and control costs to assure contract completion.
4.3 Invoices and Pavrnent.
4.3.1 Invoices. Payment for the services performed under this Agreement shall be in accordance with Exhibit C, unless
other payment methodologies are negotiated and agreed to by both Contractor and County. Contractor shall
submit approved invoices monthly to the COTR for work performed in the monthly period, accordingly.
4.3.2 Pavrnents. County agrees to pay Contractor in arrears only after receipt and approval by COTR of properly
submitted, detailed and itemized original invoice referencing the contract number and a detailed listing of each
pay point target, accomplishment, unit price and/or percentages, and showing the appropriate calculation for each,
a progress report documenting the status and accomplishments of Contractor during the billing period
documenting the total invoiced amount by Contractor. A copy (or copies) of the invoice shall be submitted to the
County Auditor and Controller, Room 166, 1600 Pacific Highway, San Diego, Ca 92101. Each invoice so
approved and paid shall constitute full and complete compensation to Contractor for the work product submitted
and for all work completed during the billing period pursuant to Exhibit A and Exhibit C. Payment shall be NET
30 days from receipt and approval of invoice unless otherwise stated.
4.3.3 Full Comoensation. Pending any adjustments by the COTR, each invoice approved and paid shall constitute full
and complete compensation to the Contractor for all work completed during the billing period pursuant to Exhibit
A and Exhibit C. Contractor shall be entitled only to compensation, benefits, reimbursements or ancillary
services specified in this Agreement.
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COUNTY CONTRACT NUMBER '-t 5 '14> q
AGREEMENT WITH THE CITY OF CHULA VISTA FOR THE DEVELOPMENT OF A LIFE OPTIONS CENTER
FOR SENIORS AT THE NORMAN PARK CENTER.
4.3.4 Conditions Prerequisite To Pavrnents. County may elect not to make a particular payment if any of the following
exists:
4.3.4.1 Misrepresentation. Contractor, with or without knowledge, made any misrepresentation of substantial
and material nature with respect to any infonnation furnished to County.
4.3.4.2 Unauthorized Actions bv Contractor. Contractor took any action pertaining to this Agreement, which
required County approval, without having first received said County approval.
4.3.4.3 Default. Contractor was in default under any terms and conditions of this Agreement.
4.3.5 County Approval: As identified above, all subcontracts under this contract shall have prior written approval of
the Contracting Officer Technical Representative. County may withhold payment until reports, data, audits or
other infonnation required for contract administration or to meet County or State reporting or auditing
requirements are received and approved by COTR or designee. The County may also withhold payment if, in the
County's opinion, Contractor is in non-compliance with this Agreement.
4.3.6 Availability of Funding. The County's obligation for payment of any contract beyond the current fiscal year is
contingent upon the availability of funding from which payment can be made. No legal liability on the part of the
County shall arise for payment beyond June 30 of the calendar year unless funds are designated by the County
and are made available for such perfonnance.
County shall have the right to terminate this Agreement or reduce compensation and service levels
proportionately upon thirty (30) days' written notice to Contractor in the event that Federal, State or County
funding for this Agreement ceases or is reduced prior to the ordinary expiration of the term of this Agreement. In
the event of reduction of funding for the Agreement, County and Contractor shall meet within ten (10) days of
written notice to renegotiate this Agreement based upon the modified level of funding. In this case if no
agreement is reached between County and Contractor within 10 days of the first meeting, either party shall have
the right to terminate this Agreement within ten (10) days written notice of termination.
In the event of termination of this Agreement, Contractor shall be entitled to retain all sums so paid, subject to
County's claims for damages as elsewhere provided. It is expressly understood and agreed that this Agreement
constitutes the entire Agreement between Contractor and County and in no event shall Contractor be entitled to
any compensation, benefits, reimbursements or ancillary services other than as herein expressly provided
4.3.7 Disallowance. In the event the Contractor receives payment for services under this contract which is later
disallowed by the County, Contractor shall promptly refund the disallowed amount to County on request, or at its
option, County may offset the amount disallowed from any payment due or to become due to Contractor under
any contract with the County.
4.3.8 Maximum Price. During the perfonnance period of this Contract, the maximum price for the items and/or services
shall not exceed the lowest price at which Contractor then offers the items and/or services to its most favored
customer.
ARTICLE 5
CONTRACT ADMINISTRATION
5.1 County's Contract Administrator. The Director of Purchasing and Contracting is designated as the contracting officer
("Contracting Officer") and is the only County official authorized to make any Changes to this Contract. The County has
designated the individual identified on the signature page as the Contracting Officer's Teclmical Representative
("COTR")
5.1.1 County's COTR will chair Contractor progress meetings and will coordinate County's contract administrative
functions. The CaTR is designated to receive and approve Contractor invoices for payment, audit and inspect
records, inspect Contractor services, and provide other technical guidance as required. The COTR is not
authorized to change any tenns and conditions of this Contract. Only the Contracting Officer, by issuing a
properly executed amendment to this Contract, may make changes to the scope of work or total price.
5.1.2 Notwithstanding any provision of this Contract to the contrary, County's COTR may make Administrative
Adjustments ("AA") to the contract, such as line item budget changes or adjustments to the service requirements,
which do not change the purpose or intent of the Statement of Work, the Tenns and Conditions, the contract
period or the total contract price. Each AA shall be in writing and signed by COTR and Contractor. All inquiries
about such AA will be referred directly to the COTR.
5.2 Contract Progress Meeting. The COTR and other County personnel, as appropriate, will meet periodically with the
Contractor to review the contract perfonnance. At these meetings the COTR will apprise the Contractor of how the County
views the Contractor's perfonnance and the Contractor will apprise the County of problems, if any, being experienced. The
Contractor shall also notify the Contracting Officer (in writing) of any work being perfonned, if any, that the Contractor
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COUNTY CONTRACT NUMBER is .1lY q
AGREEMENT WITH THE CITY OF CHULA VISTA FOR THE DEVELOPMENT OF A LIFE OPTIONS CENTER
FOR SENIORS AT THE NORMAN PARK CENTER.
considers being over and above the requirements of the contract. Appropriate action shall be taken to resolve outstanding
issues. The minutes of these meetings will be reduced to writing and signed by the COTR and the Contractor. Should the
Contractor not concur with the minutes, the Contractor shall set out in writing any area of disagreement. Appropriate action
will be taken to resolve any areas of disagreement.
ARTICLE 6
CHANGES
6.1 Contractin2: Officer. The Contracting Officer may at any time, by a written order, make changes (ttChanges"), within the
general scope of this contract, in the defmition of services to be performed, and the time (i.e.) hours of the day, days of the
week, etc.) and place of perfonnance thereof. If any such Change causes an increase or decrease in the cost of, or the time
required for, the perfonnance of any part of the work under this contract, whether changed or not changed by an such order, an
equitable adjustment shall be made in the contract price or delivery schedule, or both, and the contract shall be modified in
writing accordingly
6.2 Claims. Contractor must assert any claim for adjustment under this clause within 30 days from the date of receipt by the
Contractor of the notification of Change; provided, however, that the Contracting Officer, if he decides that the facts justify
such action, may receive and act upon any such claim asserted at any time prior to final payment under this Contract. Where
the cost of property made obsolete or excess as a result of a change is included in the Contractor's claim for adjustment, the
Contracting Officer shall have the right to prescribe the manner of disposition of such property. Failure to agree to any
adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this Contract entitled
"Disputes" (Article 15). However, nothing in this clause shall excuse the Contractor from proceeding with this Contract as
changed.
ARTICLE 7
TERMINATION
7.1 Tennination For Default. Upon Contractor's breach of this Contract, County shall have the right to tenninate this Contract, in
whole or part. Prior to tennmation for default, County will send Contractor written notice specifying the cause. The notice
will give Contractor 10 days from the date the notice is issued to cure the default or make progress satisfactory to County in
curing the default, unless a different time is given in the notice. If County detennines that the default contributes to the
curtailment of an essential service or poses an inunediate threat to life, health or property, County may tenninate this Contract
immediately upon issuing oral or written notice to the contractor without any prior notice or opportunity to cure. In the event
of tennination under this Article, all fmished or unfmished documents, and other materials, prepared by Contractor under this
Contract shall become the sole and exclusive property of County. In the event of such tennination, the County may
purchase or obtain the supplies or services elsewhere, and Contractor shall be liable for the difference between the prices
set forth in the tenninated order and the actual cost thereof to the County. The prevailing market price shall be
considered the fair repurchase price. Notwithstanding the above, Contractor shall not be relieved of liability to County
for damages sustained by County by virtue of any breach of this Agreement by Contractor, and County may withhold any
reimbursement to Contractor for the purpose of off-setting until such time as the exact amount of damages due County
from Contractor is determined.
7.1.1 If, after notice of termination of this Contract under the provisions of this clause, it is determined for any reason
that the Contractor was not in default under the provisions of this clause, the rights and obligations of the parties
shall, if this Contract contains a clause providing for termination for convenience of the County, be the same as if
the notice oftennination had been issued pursuant to such clause.
7.2 Damages For Delav. If Contractor refuses or fails to prosecute the work, or any separable part thereof, with such
diligence as shall ensure its completion within the time specified in this contract, or any extension thereof, or fails to
complete said work within such time, County will be entitled to the resulting damages caused by the delay. Damages will
be the cost to County incurred as a result of continuing the current level and type of service over that cost that would be
incurred had the contract segments been completed by the time frame stipulated and any other damages suffered by
County.
7.3 County Exemption From Liabilitv. In the event there is a reduction of funds made available by County to Contractor
under this or subsequent Agreements, the County of San Diego and its Departments, officers and employees shall incur
no liability to Contractor and shall be held hannless from any and all claims, demands, losses, damages, injuries, or
liabilities arising directly or from such action.
7.4 Tennination For Convenience. The County may, by written notice stating the extent and effective date, terminate this
Contract for convenience in whole or in part, at any time. The County shall pay the Contractor as full compensation for
perfonnance until such termination:
7.4.1 The unit or pro rata price for any delivered and accepted portion of the work.
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COUNTY CONTRACT NUMBER 'i S 1 (p4
AGREEMENT WITH THE CITY OF CHULA VISTA FOR THE DEVELOPMENT OF A LIFE OPTIONS CENTER
FOR SENIORS AT THE NORMAN PARK CENTER.
7.4.2 A reasonable amount, as costs of termination, not otherwise recoverable from other sources by the Contractor as
approved by the County, with respect to the undelivered or unaccepted portion of the order, provided
compensation hereunder shall in no event exceed the total price.
7.4.3 In no event shall the County be liable for any loss of profits on the resulting order or portion thereof so
terminated.
7.5 Remedies Not Exclusive. The rights and remedies of County provided in this article shall not be exclusive and are in
addition to any other rights and remedies provided by law or under resulting order.
7.6 Full Cost Recovery Of Investigation And Audit Costs. Contractor shall reimburse County of San Diego for all direct and
indirect expenditures incurred in conducting an audit/investigation when Contractor is found in violation (material breach)
of the terms of the contract. Reimbursement for such costs shall be withheld from any amounts due to Contractor
pursuant to the payment terms of the contract, or from any other amounts due to Contractor from County.
ARTICLE 8
COMPLIANCE WITH LAWS AND REGULATIONS
8.1 Conformance With Rules And Regulations. Contractor shall be in conformity with all applicable Federal, State, County,
and local laws, rules, and regulations, current and hereinafter enacted, including facility and professional licensing and/or
certification laws and keep in effect any and all licenses, permits, notices and certificates as are required. Contractor shall
further comply with all laws applicable to wages and hours of employment, occupational safety, and to fire safety, health
and sanitation.
8.2 Contractor Pennits and License. Contractor shall obtain and maintain, at no cost to the County, all approvals,
permissions, pennits, licenses, and other fonns of documentation required in order to comply with all existing foreign or
domestic statutes, ordinances, and regulations, or other laws, that may be applicable to perfonnance of services
hereunder. The County reserves the right to reasonably request and review all such applications, pennits, and licenses
prior to the commencement of any services hereunder.
8.3 Equal Opportunity. Contractor shall comply with the provisions of Title VII of the Civil Rights Act of 1964 in that it will
not discriminate against any individual with respect to his or her compensation, terms, conditions, or privileges of
employment nor shall Contractor discriminate in any way that would deprive or intend to deprive any individual of
employment opportunities or otherwise adversely affect his or her status as an employee because of such individual's
race, color, religion, sex, national origin, age, handicap, medical condition, sexual orientation or marital status.
8.4 Affinnative Action. Each Contractor of services and supplies employing fifteen (15) or more full-time pennanent
employees, shall comply with the Affumative Action Program for Vendors as set forth in Article IIIk (commencing at
Section 84) of the San Diego County Administrative Code, which program is incorporated herein by reference. A copy
of this Affmnative Action Program will be furnished upon request by COTR or from the County of San Diego Internet
web-site (www.co.san-diego.ca.us).
8.5 Non Discrimination. Contractor shall ensure that services and facilities are provided without regard to etlmic group
identification, race, color, nation origin, creed, religion, age, sex, or physical or mental disability in accordance with Title
IX of the Education Amendments of 1972; Title VII of the Civil Rights Act of 1964 (42 U.S.e. 2000-d), the Age
Discrimination of 1975 (42 U.s.e. 6101), Article 9.5, Chapter 1, Part I, Division 2, Title 2 (Section 11135, et seq) of the
California Govenunent Code, and Title 9, Chapter 4, Subchapter 6 (Section 10800, et seq.) of the CCR.
8.6 AIDs Discrimination. Contractor shall not deny any person the full and equal enjoyment of, or impose less
disadvantageous tenns, or restrict the availability of, the use of any County facility or participation in any County funded
or supported service or program on the grounds that such person has Acquired Immune deficiency Syndrome, AIDS-
related complex (ARC), or AIDS-related status (ARS), as those terms are defined in Chapter I, Section 32.1203, San
Diego County Code of Regulatory Ordinances.
8.7 American With Disabilities Act (ADA) 1990. Contractor shall not discriminate against qualified people with disabilities
in employment, public services, transportation, public accommodations and telecommunications services in compliance
with the Americans with Disabilities Act (ADA) and California Administrative Code Title 24.
8.8 Political Activities Prohibited. None of the funds, provided directly or indirectly, under this Agreement shall be used for
any political activities or to further the election or defeat of any candidate for public office. Contractor shall not utilize or
allow its name to be utilized in any endorsement of any candidate for elected office. Neither the contract nor any funds
provided thereunder shall be utilized in support of any partisan political activities, or activities for or against the election
of a candidate for an elected office.
8.9 LobbvinlZ. Contractor agrees to comply with the lobbying ordinances of the County and to assure that its officers and
employees comply before any appearance before the County Board of Supervisors. None of the funds provided under
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COUNTY CONTRACT NUMBER 'i 5'1 V ~
AGREEMENT WITH THE CITY OF CHULA VISTA FOR THE DEVELOPMENT OF A LIFE OPTIONS CENTER
FOR SENIORS AT THE NORMAN PARK CENTER.
this Agreement shall be used for publicity or propaganda purposes designed to support or defeat any legislation pending
before State and Federal Legislatures or the Board of Supervisors of the County.
8.10 Religious Activity Prohibited. There shall be no religious worship, instructions or proselytization as part of or in connec-
tion with the performance of this Agreement.
8.11 Drug and Alcohol-Free Workplace. The County of San Diego, in recognition of individual rights to work in a safe,
healthful and productive work place, has adopted a requirement for a drug and alcohol free work place, County of San
Diego Drug and Alcohol Use Policy C-25. This policy provides that all County-employed contractors and Contractor
employees shall assist in meeting this requirement.
8.11.1 As a material condition of this Contract, the Contractor agrees that the Contractor and the Contractor employees,
while perfonning service for the County, on County property, or while using County equipment:
8.11.1.1 Shall not be in any way impaired because of being under the influence of alcohol or a drug.
8.11.1.2 Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence
of an illegal drug.
8.11.1.3 Shall not sell, offer, or provide alcohol or a drug to another person; provided, however, that the
foregoing restriction shall not be applicable to a Contractor or Contractor employee who as part of the
performance of normal job duties and responsibilities prescribes or administers medically prescribed
drugs.
8.11.2 Contractor shall inform all employees wlio are perfonning service for the County on County property or using
County equipment of the County objective of a safe, healthful and productive work place and the prohibition of
drug or alcohol use or impairment from same while performing such service for the County.
8.11.3 The County may tenninate for default or breach this Contract, and any other Contract the Contractor has with the
County, if the Contractor, or Contractor employees are detennined by the Contracting Officer not to be in
compliance with the conditions listed herein.
8.12 Board of Supervisors' Policies. Contractor represents that it is familiar, and shall use its best efforts to comply, with the
following policies of the Board of Supervisors:
8.12.1 Board Policy B-67, which encourages the County's contractors to offer products made with recycled materials,
reusable products, and products designed to be recycled to the County in response to the County's requirements:
and
8.12.2 Board Policies B-53 and B-39a, which encourage the participation of small and disabled veterans' business
enterprises in County procurements; and
8.12.3 Zero Tolerance For Fraudulent Conduct In County Services. Contractor shall comply with County of San Diego
Board of Supervisors Policy A-120 "Zero Tolerance for Fraudulent Conduct in County Services." There shall be
"Zero Tolerance" for fraud cormnitted by contractors in the administration of County programs and the provision
of County services. Upon proven instances of fraud committed by independent contractors in connection with
their perfonnance under the contract, said contract shall be tenninated; and.
8.12.4 Familv-Centered Practice. Board Of Supervisors Policv E-13. Contractor shall comply with County of San Diego
Board of Supervisors Policy E-13, I1Family-Centered Practice." Family-centered practice addresses the needs of
the whole family and is intended to promote and support community and family involvement to ensure safe and
healthy environments for children; and
S.12.5 Interlocking Directorate. In recognition of County Policy A-79, not-for-profit contractors shall not subcontract
with relaled for-profit subcontractors for which an interlocking relationship exist unless specifically authorized in
writing by the Board of Supervisors; and
8.12.6 Zero Tolerance In Coachine: Medi-Cal Or Welfare Clients Onc1udine: Undocumented Immillrants). The County
of San Diego in recognition of its unique geographical location and the utilization of Welfare and Medi-Cal
system by foreign nationals who are not legal residents of this county or country, has adopted a Zero Tolerance
policy and shall aggressively prosecute employees and contractors who coach Medi-Cal or Welfare clients (in-
cluding undocumented irmnigrants), to obtain services for which they are not otherwise entitled.
As a material condition of this Agreement, Contractor agrees that the Contractor and Contractor's employees,
while perfonning service for the County, on County property or while using County equipment shall not:
(a) in any way coach, instruct, advise, or guide any Medi-Cal or Welfare clients or prospective clients who are
undocumented immigrants on ways to obtain or qualifY for Medi-Cal assistance, for which they are not
otherwise entitled.
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COUNTY CONTRACT NUMBER 'i 51 <.. ~
AGREEMENT WITH THE CITY OF CHULA VISTA FOR THE DEVELOPMENT OF A LIFE OPTIONS CENTER
FOR SENIORS AT THE NORMAN PARK CENTER.
(b) support or provide funds to any organization engaged directly or indirectly in advising undocwnented
inunigrants on ways to obtain or qualify for Medi-Cal assistance, for which they are not otherwise entitled.
Contractor shall inform all employees that are perfonning service for the County on County property or using
County equipment of County's Zero Tolerance Policy as referenced herein.
County may terminate for default or breach this Agreement and any other Agreement Contractor has with
County, if Contractor or Contractor employees are detennined not to be in compliance with the conditions stated
herein.
8.13 Cartwright Act. Following receipt of final payment under the Contract, Contractor assigns to the County all rights, title
and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.c. Sec. 15) or under the
Cartwright act (Chapter 1) (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions
Code), arising from purchases of goods, materials, or services by the Contractor for sale to the County under this
Contract.
8.14 Hazardous Materials. Contractor shall comply with all Environmental Laws and all other laws, rules, regulations, and
requirements regarding Hazardous Materials, health and safety, notices, and training. Contractor agrees that it will not
store any Hazardous Materials at any County Facility for periods in excess of ninety (90) days or in violation of the
applicable site storage limitations imposed by Environmental Law. Contractor agrees to take, at its expense, all actions
necessary to protect third parties, including, without limitation, employees and agents of the County, from any exposure
to Hazardous Materials generated or utilized in its perfonnance under this Contract. Contractor agrees to report to the
appropriate governmental agencies all discharges, releases, and spills of Hazardous Materials that are required to be
reported by any Envirorunental Law and to immediately notify the County of it. Contractor shall not be liable to the
County for the County's failure to comply with, or violation of, any Environmental Law. As used in this section, the
term IlEnvirorunental Laws" means any and all federal, state or local laws or ordinances, rules, decrees, orders,
regulations or court decisions (including the so-called ltcormnon law"), including, but not limited to, the Resource
Conservation and Recovery Act, relating to hazardous substances, hazardous materials, hazardous waste, toxic
substances, environmental conditions or other similar substances or conditions. As used in this section the term
ltHazardous Materials" means any chemical, compound, material, substance or other matter that: (a) is a flammable,
explosive, asbestos, radioactive nuclear medicine, vaccine, bacteria, virus, hazardous waste, toxic, overtly injurious or
potentially injurious material, whether injurious or potentially injurious by itself or in combination with other materials;
(b) is controlled, referred to, designated in or governed by any Envirorunental Laws; (c) gives rise to any reporting, notice
or publication requirements under any Environmental Laws, or (d) is any other material or substance giving rise to any
liability, responsibility or duty upon the County or Lessee with respect to any third person under any Envirorunental
Laws.
8.15 Debarment And Suspension. As a sub-grantee of federal funds under this Agreement, Contractor certifies that it, and its
principals:
8.7.1 Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
covered transactions by any Federal Department or agency.
8.7.2 Have not within a 3-year period preceding this contract been convicted of or had a civil judgement rendered
against them for the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain,
or performing a public (Federal, State, or local) transaction; violation of Federal or State anti-trust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
8.7.3 Are not presently indicted or otherwise criminally or civilly charged by a government entity (Federal, State, or
local) with commission of any of the offenses enumerated in the paragraph above; and
8.7.4 Have not within a 3-year period preceding this contract had one or more public transaction (Federal, State, or
local) tenninated for cause or default.
CHULA VIST APROFRMA.doc
Contract - Page 7 of 7
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COUNTY CONTRACT NUMBER i51l;q
AGREEMENT WITH THE CITY OF CHULA VISTA FOR THE DEVELOPMENT OF A LIFE OPTIONS CENTER
FOR SENIORS AT THE NORMAN PARK CENTER.
ARTICLE 9
CONFLICTS OF INTEREST: CONTRACTOR'S CONDUCT
9.1 Conflicts of Interest. Contractor presently has no interest, including but not limited to other projects or independent
contracts, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with
the perfonnance of services required to be performed under this contract. The Contractor shall not employ any person
having any such interest in the performance of this Contract. Contractor shall not hire County's employees to perform
any portion of the work or services provided for herein including secretarial, clerical and similar incidental services
except upon the \\!fitten approval of County. Without such written approval, performance of services under this
Agreement by associates or employees of County shall not relieve Contractor from any responsibility under this
Agreement.
9.2 Conduct of Contractor; Privileged Infonnation.
9.2.1 Contractor shall inform the County of all the Contractor's interests, if any, which are or which the Contractor
believes to be incompatible with any interests of the County.
9.2.2 The Contractor shall not, under circumstances that might reasonably be interpreted as an attempt to influence the
recipient in the conduct of his duties, accept any gratuity or special favor from individuals or organizations with
whom the Contractor is doing business or proposing to do business, in accomplishing the work under this
Contract.
9.2.3 Contractor shall not use for personal gain or make other improper use of privileged infonnation, which is
acquired in connection with his employment. In this cOIUlection, the term "privileged information" includes, but
is not limited to, unpublished information relating to technological and scientific development; medical,
persoIUlel, or security records of the individuals; anticipated materials requirements or pricing actions; and
knowledge of selections of contractors or subcontractors in advance of official announcement.
9.2.4 The Contractor, or employees thereof, shall not offer directly or indirectly gifts, gratuity, favors, entertainment, or
other items of monetary value to an employee or official of the County.
9.2.5 Referrals. Contractor further covenants that no referrals of clients through Contractor's intake or referral process
shall be made to the private practice of any person(s) employed by the Contractor.
9.3 Prohibited Contracts. As required by Section 67 of the San Diego County Administrative Code, Contractor certifies that
it is not in violation of the provisions of Section 67, and that Contractor is not, and will not subcontract with, any of the
following:
9.3.1. Persons employed by County or of public agencies for which the Board of Supervisors is the governing body.
9.3.2 Profit-making fmns or businesses in which employees described in sub-section 9.3.1, above, serve as officers,
principals, partners, or major shareholders;
9.3.3 Persons who, within the immediately preceding twelve (12) months came within the provisions of the above sub-
sections and who (I) were employed in positions of substantial responsibility in the area of service to be
performed by the contract, or (2) participated in any way in developing the contract or its service specifications;
and
9.3.4 Profit-making finns or businesses in which the former employees described in sub-section 9.3.3 above, serve as
officers, principals, partners, or major shareholders.
9.4 Limitation Of Future Contracts Or Grants. It is agreed by the parties to the contract that Contractor shall be restricted in
its future contracting with the County to the manner described below. Except as specifically provided in this clause,
Contractor shall be free to compete for business on an equal basis with other companies.
9.4.1 If Contractor, under the tenns of tlie contract, or through the perfonnance of tasks pursuant to this contract, is
required to develop specifications or statements of work and such specifications or statements of work are to be
incorporated into a solicitation, Contractor shall be ineligible to perform the work described within that
solicitation as a prime or subcontractor under an ensuing County contract. It is further agreed, however, that
County will not, as additional work, unilaterally require Contractor to prepare such specifications or statements of
work under this contract.
9.4.2 Contractor may not apply for nor accept additional payments for the same services contained in the Statement of
Work.
CHULA VIST APROFRMA.doc
Contract - Page 8 of 8
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,j
COUNTY CONTRACT NUMBER t51 (.,~
AGREEMENT WITH THE CITY OF CHULA VISTA FOR THE DEVELOPMENT OF A LIFE OPTIONS CENTER
FOR SENIORS AT THE NORMAN PARK CENTER.
ARTICLE 10
INDEMNITY AND INSURANCE
10.1 Indemnitv. County shall not be liable for, and Contractor shall defend and indemnify County and the employees and
agents of County (collectively "County Parties"), against any and all claims, demands, liability, judgments, awards, fmes,
mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character,
including attorneys' fees and court costs (hereinafter collectively referred to as "Claims"), related to this Contract and
arising either directly or indirectly from any act, error, omission or negligence of Contractor or its contractors, licensees,
agents, servants or employees, including, without limitation, Claims caused by the concurrent negligent act, error or
omission, whether active or passive, of County Parties. Contractor shall have no obligation, however, to defend or
indemnify County Parties from a Claim if it is determined by a court of competent jurisdiction that such Claim was
caused by the sole negligence or willful misconduct of County Parties.
10.2 Insurance. Prior to execution of this contract, Contractor must obtain at its own cost and expense, and keep in force and
effect during the term of this contract, including all extensions, the insurance specified in Exhibit "B, II "Insurance
Requirements," attached hereto.
ARTICLE 11
AUDIT AND INSPECTION OF RECORDS
The County shall have the audit and inspection rights described in this section.
11.1 Audit And Inspection. Contractor agrees to maintain and/or make available within San Diego County accurate books and
accounting records relative to all its activities under this Agreement. Authorized Federal, State or County representatives
shall have the right to monitor, assess, or evaluate Contractor's performance pursuant to this Agreement, said monitoring,
assessments, or evaluations to include but not limited to audits, inspection of premises, reports, and interviews of project
staff and participants.
At any time during normal business hours and as often as County may deem necessary, Contractor shall make available
to County, State or Federal officials for examination all of its records with respect to all matters covered by this
Agreement and will permit County, State or Federal officials to audit, examine and make excerpts or transcripts from
such records, and to make audits of all invoices, materials, payrolls, records of personnel, infonnation regarding clients
receiving services, and other data relating to all matters covered by this Agreement.
If any services performed hereunder are not in conformity with the specifications and requirements of this contract,
County shall have the right to require the Contractor to perform the services in conformity with said specifications and
requirements at no additional increase in total contract amount. When the services to be performed are of such nature
that the difference cannot be corrected, County shall have the right to (1) require Contractor immediately to take all
necessary steps to ensure future performance of the services in conformity with requirements of the contract, and (2)
reduce the contract price to reflect the reduced value of the services performed. In the event Contractor fails to perform
the services promptly or to take necessary steps to ensure future perfonnance of the service in conformity with the specif-
ications and requirements of the contract, County shall have the right to either (1) by contract or to otherwise have the
services performed in confonnity with the contract specifications and charge to Contractor any cost occasioned to County
that is directly related to the performance of such services, or (2) terminate this contract for default as provided in the
Termination clause.
11.2 Cost or Pricine: Data. If the Contractor submitted cost or pricing data in connection with the pricing of this Contract or
any change or modification thereto, unless such pricing was based on adequate price competition, established catalog or
market prices of commercial items sold in substantial quantities of the general public, or prices set by law or regulation,
the Contracting Officer or his representatives who are employees of the County or its agent shall have the right to
examine all books, records, docwnents and other data of the Contractor related to the negotiation pricing or performance
of such contract, change or modification, for the purpose of evaluating the accuracy, completeness and currency of the
cost or pricing data submitted.
11.3 A vailabilitv. The materials described ahove shall be made available at the office of the Contractor, at all reasonable times,
for inspection, audit or reproduction, until the expiration of 3 years from the date of fmal payment under this contract, or
by section 11.3.1 and 11.3.2, below:
11.3.1 If this contract is completely or partially terminated, the records relating to the work terminated shall be made
available for a period of three years from the date of any resulting final settlement.
11.3.2 Record which relate to appeals under the "Disputes" clause of this contract, or litigation or the settlement of
claims arising out of the perfonnance of this contract, shall be made available until such appeals, litigation, or
claims have been disposed of, or three years after contract completion, whichever is longer.
CHULA YIST APROFRMA.doc
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2-18-D2
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COUNTY CONTRACT NUMBER rf 5 'll1' ~
AGREEMENT WITH THE CITY OF CHULA VISTA FOR THE DEVELOPMENT OF A LIFE OPTIONS CENTER
FOR SENIORS AT THE NORMAN PARK CENTER.
11.4 Subcontracts. The Contractor shall insert a clause containing all the provisions of this Article II in all subcontracts
hereunder except altered as necessary for proper identification of the contracting parties and the contracting officer under
the County's prime contract.
ARTICLE 12
INSPECTION OF SERVICE
12.1 Subiect to Inspection All perfonnance (including services, materials, supplies and equipment furnished or utilized in the
perfonnance of this Contract, and workmanship in the perfonnance of services) shall be subject to inspection and test by
the County at all times during the term of this Contract. Contractor shall cooperate with any inspector assigned by the
County to permit the inspector to determine whether Contractor's perfonnance confonns to the requirements of this
Contract. County shall perform such inspection in a manner as not to unduly interfere with Contractor's performance.
12.2 Snecification and Reauirements. If any services performed by Contractor do not conform to the specifications and
requirements of this Contract, County may require Contractor to Ie-perform the services until they conform to said
specifications and requirements, at no additional cost, and County may withhold payment for such services until
Contractor correctly performs them. When the services to be performed are of such a nature that Contractor's cannot
correct its perfonnance, the County shall have the right to (1) require the Contractor to immediately take all necessary
steps to ensure future performance of services conforms to the requirements of this Contract, and (2) reduce the contract
price to reflect the reduced value of the services received by County. In the event Contractor fails to promptly re-perform
the services or to take necessary steps to ensure that future performance of the service conforms to the specifications and
requirements of this Contract, the County shall have the right to either (1) without terminating this Contract, have the
services performed, by contract or otherwise, in conformance with the specifications of this Contract, and charge
Contractor, and/or withhold from payments due to Contractor, any costs incurred by County that are directly related to
the perfonnance of such services, or (2) terminate this Contract for default.
ARTICLE 13
USE OF DOCUMENTS AND REPORTS
13.1 Findings Confidential. Any reports, infonnation, data, etc., given to or prepared or assembled by Contractor under this
Contract which the County requests to be kept as confidential shall not be made available to any individual or
organization by the Contractor without the prior written approval of the County.
13.2 Ownership. Publication. ReproductIOn And Use Of Matenal All reports, studies, infonnation, data, statistics, fonns,
designs, plans, procedures, systems, and any other material or properties produced under this Agreement shall be the sole
and exclusive property of County. No such materials or properties produced in whole or in part under this Agreement
shall be subject to private use, copyright or patent right by Contractor in the United States or in any other country without
the express written consent of County. County shall have unrestricted authority to publish, disclose, distribute and other-
wise 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.
13.3 Confidentiality. County and Contractor agree to maintain confidentiality of any infonnation regarding applicants, project
participants or their immediate families which may be obtained through application fonns, interviews, tests, reports, from
public agencies or counselors or any other source. Without the written permission of the applicant or participant, such
information shall be divulged only as necessary for purposes related to the audit and evaluation of the Agreement and
then only to persons having responsibilities under the Agreement, including those furnishing services to Project under
subcontract. County and Contractor agree that all information and records obtained in the course of providing services to
project clients shall be subject to confidentiality and disclosure provisions of applicable Federal and State statutes and
regulations adopted pursuant thereto. However, at County's request, Contractor shall permit County access to all records
and infonnation regarding the project and confidentiality shall nol be a bar to County's access to all records and
information.
13.4 Maintenance Of Records. Contractor shall maintain and keep available all records within the COWlty of San Diego for a
minimum of five years from the ending date of this Agreement unless County agrees in writing to an earlier disposition.
13.5 Custodv Of Records. County, at its option, may take custody of Contractor's client records upon contract termination or
at such other time as County may deem necessary. County agrees that such custody will conform to applicable confiden-
tiality provisions of State and Federal law. Said records shall be kept by County in an accessible location within San
Diego County and shall be available to Contractor for examination and inspection.
13.6 Audit Reauirement. Contractors shall annually engage a Licensed Certified Public Accountant to conduct an annual audit
of their agency's operations. Contractors that expend $300,000 or more of federal grant funds per year shall have an
audit conducted in compliance with Govemment Auditing Standards, which includes Single Audit Act Amendments,
Public Law 104-156, and OMB Circular A-133. Contractor shall include a clause in any contract or agreement
CHULA VIST APROFRMA.doc
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II
-
COUNTY CONTRACT NUMBER is 14> q
AGREEMENT WITH THE CITY OF CHULA VISTA FOR THE DEVELOPMENT OF A LIFE OPTIONS CENTER
FOR SENIORS AT THE NORMAN PARK CENTER.
Contractor enters into with an audit firm to provide access by the County, State, Federal Govenunent to the working
papers of the independent auditor who prepare the audit for Contractor. Contractor shall submit two (2) copies of the
annual report and the management letter to the County no later than fifteen (15) days after receipt from the independent
Certified Public Accountant.
13.7 Reports. Contractor shall submit reports required in Exhibit A and additional reports as may be requested by the COTR
and agreed to by the Contractor. Format for the content of such reports may be developed by County. The timely
submission of these reports is a necessary and material term and condition of this Agreement, and Contractor agrees that
failure to meet specified deadlines will be sufficient cause to withhold payment. Contractor shall submit to County
within thirty (30) days of the termination of this Agreement a report detailing all work done pursuant to this Agreement
by Contractor.
13.8 Evaluation Studies. Contractor shall participate as requested by the County in research and/or evaluative studies designed
to show the effectiveness andlor efficiency of contractor services or to provide information about Contractor's project.
ARTICLE 14
(RESERVED)
ARTICLE IS
DISPUTES
Notwithstanding any provision of this Contract to the contrary, the Contracting Officer shall decide any dispute concerning a
question of fact arising out of this Contract that is not otherwise disposed of by the parties within a reasonable period of time.
The decision of the Contracting Officer shall be final and conclusive unless determined by a court of competent jurisdiction to
have been fraudulent, capricious, arbitrary or so grossly erroneous as necessarily to imply bad faith. Contractor shall proceed
diligently with its performance hereunder pending resolution by the Contracting Officer of any such dispute. Nothing herein
shall be construed as granting the Contracting Officer or any other administrative official, representative or board authority to
decide questions of law.
ARTICLE 16
GENERAL PROVISIONS
16.1 Assignment and Subcontracting. Contractor shall not assign any interest in this contract, and shall not transfer any
interest in the same (whether by assignment or novation), without the prior written consent of the County; County's
consent shall not be umeasonably withheld.. The Contractor shall make no contract with any party for fumishing any of
the work or services herein contained without the prior written approval of the COTR.
16.2 Contingencv. This Contract shall bind the County only following its approval by the Board of Supervisors or when
signed by the Purchasing and Contracting Deputy Director.
16.3 Entire Agreement. This Contract, together with all Sections attached hereto and other agreements expressly referred to
herein, constitute the entire agreement between the parties with respect to the subject matter contained herein. All prior
or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, including
any proposals from Contractor and requests for proposals from County, are superseded.
16.4 Sections and Exhibits: All sections and exhibits referred to herein are attached hereto and incorporated by reference.
16.5 Further Assurances: Parties agree to perform such further acts and to execute and deliver such additional documents and
instruments as may be reasonably required in order to carry out the provisions of this Contract and the intentions of the
parties.
16.6 Governinll Law: This Contract shall be governed, interpreted, construed and enforced in accordance with the laws of the
State of California.
16.7 HeadinQs: The Article captions, Clause and Section headings used in this Contract are inserted for convenience of
reference only and are not intended to define, limit or affect the construction or interpretation of any term or provision
hereof.
16.8 Modification: Waiver Except as otherwise provided in Article 6, "Changes," above, no modification, waiver, amendment
or discharge of this Contract shall be valid unless the same is in writing and signed by both parties.
16.9 Neither Party Considered Drafter. Despite the possibility that one party may have prepared the initial draft of this
Contract or played the greater role in the physical preparation of subsequent drafts, neither party shall be deemed the
drafter of this Contract and that, in construing this Contract in case of any claim that any provision hereof may be
ambiguous, no such provision shall be construed in favor of one party on the ground that such provision was drafted by
the other.
CHULA VIST APROFRMA.doc
Contract - Page 11 of 11
2-18-02
; ,
/ r --- '7
COUNTY CONTRACT NUMBER >f 5 '7 lvq
AGREEMENT WITH THE CITY OF CHULA VISTA FOR THE DEVELOPMENT OF A LIFE OPTIONS CENTER
FOR SENIORS AT THE NORMAN PARK CENTER.
16.10 No Other Inducement: The making, execution and delivery of this Contract by the parties hereto has been induced by no
representations, statements, warranties or agreements other than those expressed herein.
16.11 Notices. Notice to either party shall be in writing and either personally delivered or sent by certified mail, postage
prepaid, return receipt requested, addressed to the party to be notified at the address specified herein. Any such notice
shall be deemed received on the date of personal delivery to the party (or such party's authorized representative) or three
(3) business days after deposit in the U.S. Mail, as the case may be to the COTR and Contractor's Representative
identified on the signature page..
16.12 Severability. If any term, provision, covenant or condition of this Contract is held to be invalid, void or otherwise
unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Contract shall not be affected
thereby, and each term, provision, covenant or condition of this Contract shall be valid and enforceable to the fullest
extent pennitted by law.
16.13 Successors. Subject to the limitations on assignment set forth in Clause 16.1 above, all terms of this Contract shall be
binding upon, inure to the benefit of, and be enforceable by the parties hereto and their respective heirs, legal
representatives, successors, and assigns.
16.14 Time. Time is of the essence of each provision of this Contract.
16.15 Time Period Comoutation. All periods of time referred to in this Contract shall include all Saturdays, Sundays and state
or national holidays, unless the period of time specifies business days, provided that if the date or last date to perform any
act or give any notice or approval shall fall on a Saturday, Sunday or State or national holiday, such act or notice may be
timely performed or given on the next succeeding day which is not a Saturday, Sunday or State or national holiday.
16.16 Waiver. The waiver by one party of the performance of any term, provision, covenant or condition shall not invalidate
this Contract, nor shall it be considered as a waiver by such party of any other term, provision, covenant or condition.
Delay by any party in pursuing any remedy or in insisting upon full performance for any breach or failure of any term,
provision, covenant or condition shall not prevent such party from later pursuing remedies or insisting upon full
performance for the same or any similar breach or failure.
16. I 7 Third Party Beneficiaries Excluded. This agreement is intended solely for the benefit of the County and its Contractor.
Any benefit to any third party is incidental and does not confer on any third party to this contract any rights whatsoever
regarding the performance of this contract. Any attempt to enforce provisions of this contract by third parties is
specifically prohibited.
16.18 Publicity Announcements and Materials. All public announcements, including those issued on Contractor letterhead, and
materials distributed to the community shall identify the County of San Diego as the funding source for contracted
programs identified in this contract. Copies of publicity materials related to contracted programs identified in this
contract shall be filed with the COTR. County shall be advised at least 24 hours in advance of all locally generated press
releases and media events regarding contracted services identified in this contract.
16.19 Critical Incidents. Contractor shall have written plans or protocols and provide employee training for handling critical
incidents involving instances of violence or threat of violence directed toward staff or clients, breach of confidentiality,
fraud, unethical conduct, or instances of staff or client drug and/or alcohol use at the program. Contractor shall report all
such incidents to the caTR within one workday of their occurrence.
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Contract - Page 12 of 12
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I
n
COUNTY CONTRACT NUMBER 'i S'1l;q
AGREEMENT WITH THE CITY OF CHULA VISTA FOR THE DEVELOPMENT OF A LIFE OPTIONS CENTER
FOR SENIORS AT THE NORMAN PARK CENTER.
SIGNATURE PAGE
CONTRACT TERM. This contract shall be effective this 8 day of April 2002 ("Effective Date") and end on December 31,
2002 ("Initial Term") for a total contract period of 9 months.
OPTION TO EXTEND. The County's option to extend is for one increments of I year(s) each for a total of I years beyond
the expiration of the Initial Tenn, not to exceed December 31,2003, pursuant to Exhibit C Payment Schedule.
Options To Extend For One To Six Additional Months At End Of Contract. County shall also have the option to extend
the term of this Agreement in one or more increments for a total of no less than one (1) and no more than six (6) calendar
months at the discretion of the County Purchasing and Contracting Director. Each extension shall be effected by written
unilateral contract amendment delivered to Contractor no less than fifteen (15) calendar days prior to expiration of any
contract term.
The rates set forth in Article 4, Exhibit C, or other pricing section of this Agreement shall apply to any option exercised
pursuant to this option clause unless provision for appropriate price adjustment has been made elsewhere in this
Agreement or by contract amendment. All payments are subject to "Availability of Funds."
COMPENSATION: Pursuant to Exhibit C, County agrees to pay Contractor a sum not to exceed twenty thousand dollars
($20,000) for the initial term of this contract in accordance with the method of payment stipulated in Article 4.
COTR. The County has designated the following individual as the Contracting Officer's Technical Representative ("COTR")
Pamela B. Smith
9335 Hazard Way
San Diego, CA 92123
858.495.5858/Phone, 85S.495.5080/F AX
psmithsa@co.san-diego.ca.us
CONTRACTOR'S REPRESENTATIVE. The Contractor has designated the following individual as the Contractor's
Representative.
S
2".
Chula Vista, CA 91910
619.691.5086
IN WITNESS WHEREOF, County and Contractor have executed this Contract effective as of the date first set forth above
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
By:
t:;;{. ON F. McCOL , D' ctor,
r() 'epartment of Purchasing and Contracting
By:
N,IwiJ/qii.{]:,ile
Date:
r/j/f<-
Date:
CHULA VIST APROFRMA.doc
Contract - Page 13 of 13
2-18-02
-- i(
COUNTY CONTRACT NUMBER 151 (,J ~
AGREEMENT WITH THE CITY OF CHULA VISTA FOR THE DEVELOPMENT OF A LIFE OPTIONS CENTER
FOR SENIORS AT THE NORMAN PARK CENTER.
EXHIBIT A
STATEMENT OF WORK
1. BACKGROUND
Life Options is a program of opportunities for adults 50-65 who are retiring or nearing retirement and who want to make sure
their lives sparkle with enjoyment and their retirement time is filled with meaningful contributions that enhance the community
and make a positive difference in individual lives. The theme of Life Options is a focused detennination to make the latter
third oflife productive, satisfying and rewarding.
Life Options is a resource for learning opportunities and a resource for channeling skills and talents into significant community
service. Volunteer opportunities (including positions with stipends) may include working with children in hospitals, day care
centers, schools, after-school programs, sports, physical activities, mentoring, tutoring, teaching, and coaching. Other
opportunities include second career infonnation and training, community projects, neighborhood enhancement, and health and
wellness education. The Life Options Program and Annex will be a welcoming place for participants to get resource
information about volunteering opportunities, share ideas about community enhancement programs and create learning events.
The Life Options Annex at Nonnan Park Senior will be located in the game room complex, which will be modified to provide
a dedicated space for computers and furniture and materials for the Life Options Program. Southwestern College is also
concurrently establishing a Life Options Center on campus that is proposed to be linked via the Internet with the Nonnan Park
Center Life Options Annex and the AIS Website, which is also currently being designed, in order to provide standardized
services at two geographically separate sites for patron convenience.
Research indicates that older people want to be more involved, they remain physically and mentally fit when they participate in
their communities, and they are on average more civic minded-voting and donating to charities at a higher rate than any other
segment in the population. Baby Boomers are more educated, financially secure, retiring early and are a potentially tremendous
resource to our community. Participants of the Life Options Center will have a place to go to find meaningful options for
second life. Additionally, participants will have access to volunteer and employment options, educational opportunities and
healthy lifestyle choices. The development of the life options center may be a solution waiting to happen-a vast windfall for the
community, the spearhead for a new era of social renewal, and a benefit to seniors and organizations in the county of San
Diego.
II. Tasks
. Development and implementation of a Life Options Center at the Norman Park Center;
. Development and implementation of a Life Options Website;
. Printing and distribution of Life Options brochures/pampWets;
. Building modifications to provide dedicated space; and
. Furnishing of Life Options Annex with appropriate equipment and supplies.
III. Outcomes
The goal of this Center is to provide resources and options for seniors to remain physically active and mentally fit
beyond their retirement years. Additionally, this Center will provide seniors with the opportunity to participate in civic
related activities including donating their time to charitable organizations, schools and, other social entities.
IV. Period ofPerforrnance
;,. April 8,2002 through December 31,2002
V. AISI Contact
y The Contractor's primary contact for the task definition, information, county assistance, review and approval is
Marie Brown-Mercadel, Executive Assistant.
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Contract - Page 14 of 14
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,)
COUNTY CONTRACT NUMBER 't S 1 (p CJ
AGREEMENT WITH THE CITY OF CHULA VISTA FOR THE DEVELOPMENT OF A LIFE OPTIONS CENTER
FOR SENIORS AT THE NORMAN PARK CENTER.
ARTICLE 1
INSURANCE
A. Required General LiabIlIty Insurance Coverage. Contractor shall procure either Comprehensive General Liability
Insurance or Commercial General Liability Insurance in the amounts and form set forth below:
(1) Comprehensive General Liability Insurance. A policy of Comprehensive General Liability Insurance with a
combined single limit (CSL) per occurrence of not less than $1,000,000 per occurrence;
OR
(2) Commercial General Liability Insurance. A policy of Commercial General Liability Insurance which
provides limits of not less than:
(a) Per Occurrence:
(b) General Aggregate:
(c) ProductslCompleted Operations:
(d) Personal & Advertising Injury limit:
$1,000,000
$2,000,000
$1,000,000
$1,000,000
For either type of insurance, deductibles shall be declared to and approved by the County's Risk Manager.
(3) Required General Liability Policv Coverage. Any general liability policy provided by Contractor hereunder
shall include the following coverage:
(a) Premises and Operations
(b) ProductslCompleted Operations with limits of at least one million dollars ($1,000,000) per
occurrence to be maintained for three (3) years following Acceptance of the work by the County
(c) Contractual Liability expressly including liability assumed under the Contract.
(d) Independent Contractors' Liability
(4) Additional Insured Endorsement. Any general liability policy provided by Contractor hereunder shall
contain an endorsement which applies its coverage to the COWlty, the members of the Board of Supervisors
of the County and the officers, agents, employees and volunteers of the County, individually and collectively,
as additional insureds.
(5) Pnmarv Insurance Endorsement. The coverage afforded by the additional insured endorsement described
above shall apply as primary insurance, and any other insurance maintained by the County, the members of
the Board of Supervisors of the County, or its officers, agents, employees and volunteers, or any County self-
funded program, shall be excess only and not contributing with such coverage.
(6) Form of General Liability Insurance Policies. All general liability policies shall be written to apply to all
bodily injury, including death, property damage, personal injury and other covered loss, however occasioned,
occurring during the policy term, and shall specifically insure the performance by Contractor of that part of
the indenmity agreement contained in the Contract relating to liability for injury to or death of persons and
damage to property. If the coverage contains one or more aggregate limits, a minimum of 50% of any such
aggregate limit must remain available at all times; if over 50% of any aggregate limit has been paid or
reserved, County may require additional coverage to be purchased by Contractor to restore the required
limits. Contractor may combine primary, umbrella and as broad as possible excess liability coverage to
achieve the total limits indicated above. Any umbrella or excess liability policy shall include the Additional
Insured Endorsement described above.
(7) Waiver of Subroeation. Contractor and County release each other, and their respective authorized
representatives, from any Claims (as defIned in the Article entitled "Indemnity" of the Contract), but only to
the extent that the proceeds received from any policy of liability insurance carried by County or Contractor,
other than any self-insurance, covers any such Claim or damage. Included in any policy or policies of
liability insurance provided by Contractor hereunder shall be a standard waiver of rights of subrogation
against County by the insurance company issuing said policy or policies.
CI-IULA VISTAPROFRMA.doc
Contract - Page 15 of 15
2-18-02
/ ! - ()
COUNTY CONTRACT NUMBER '\ S 1 w q
AGREEMENT WITH THE CITY OF CHULA VISTA FOR THE DEVELOPMENT OF A LIFE OPTIONS CENTER
FOR SENIORS AT THE NORMAN PARK CENTER.
B Comprehensive Automobile LIabilIty Insurance. Contractor shall procure Comprehensive Automobile Liability
Insurance written for bodily injury, including death, and property damage, however occasioned, occurring during the
policy tenn, in the amount of not less than One Million Dollars ($1,000,000), combined single limit per occurrence,
applicable to all owned, non-owned and hired vehicles. This coverage shall include contractual liability.
C Statutory Workers' Comoensation and Emolover's Liability Insurance. Unless the Contractor is a sole proprietorship,
Contractor shall maintain a policy of California Workers' Compensation coverage in statutory amount and Employer's
Liability coverage for no less than one million dollars ($1,000,000) per occurrence for all employees of Contractor
engaged in services or operations under the Contract. Coverage shall include a Waiver of Subrogation endorsement,
copy of which shall be provided to the County
D Subcontractors' Insurance. Contractor shall make certain that any and all subcontractors hired by Contractor are
insured to current industry standards for form and limits. If any subcontractor's coverage does not comply with the
foregoing provisions, Contractor shall indemnify and hold Owner hannless of and from any damage, loss, cost, or
expense, including attorneys' fees, incurred by Owner as a result thereof. Contractor shall include subcontractors
under its policies or shall furnish separate certificates of insurance and endorsements for each subcontractor.
In addition to the foregoing, Contractor shall make certain that any and all subcontractors performing any excavation
of the Project have Explosion, Collapse and UndergroWld Damage Liability Insurance and coverage in the amount of
at least One Million Dollars ($1,000,000) per occurrence.
E. General Provisions.
(1) Evidence of Insurance. Contractor shall, as soon as practicable following the placement of insurance
required hereunder, but in no event later than the effective date of the Contract, deliver to County certified
copies of the policies of insurance required hereunder, together with appropriate separate endorsements
thereto, evidencing that Contractor has obtained such coverage for the period of the Contract. Contractor
shall deliver certified copies of the actual insurance policies specified herein, within thirty days after
commencement of work. Thereafter, copies of renewal policies, or certificates and appropriate separate
endorsements thereof, shall be delivered to County within thirty (30) days prior to the expiration of the term
of any policy required herein. Contractor shall pennit County at all reasonable times to inspect any policies
of insurance of Contractor that Contractor has not delivered to County.
(2) Claims Made Coverage. If coverage is written on a "claims made" basis, the Certificate of Insurance shall
clearly so state. In addition to the coverage requirements specified above, such policy shall provide that:
(a) The policy retroactive date coincides with or precedes Contractor's commencement of work under
the Contract (including subsequent policies purchased as renewals or replacements).
(b) Contractor will make every effort to maintain similar insurance during the required extended period
of coverage following expiration of the Contract, including the requirement of adding all additional
insured's.
(c) If insurance is tenninated for any reason, Contractor shall purchase an extended reporting provision
of at least two years to report claims arising in connection with the Contract.
(d) The policy allows for reporting of circumstances or incidents that might give rise to future claims.
(3) Failure to Obtain or Maintain Insurance: County1s Remedies. Contractor's failure to procure the insurance
specified herein, or failure to deliver certified copies or appropriate certificates of such insurance, or failure
to make the premium payments required by such insurance, shall constitute a material breach of the Contract,
and County may, at its option, terminate the Contract for any such default by Contractor.
CHULA VIST APROFRMA.doc
Contract - Page 16 of 16
2-18-02
[
COUNTY CONTRACT NUMBER '1S '1 <eq
AGREEMENT WITH THE CITY OF CHULA VISTA FOR THE DEVELOPMENT OF A LIFE OPTIONS CENTER
FOR SENIORS AT THE NORMAN PARK CENTER.
(4) No Limitation of Obligations. The foregoing requirements as to the types and limits of insurance coverage to
be maintained by the Contractor, and any approval of said insurance by the County or its insurance
Contractor(s), are not intended to and shall not in any manner limit or qualify the liabilities and obligations
otherwise asswned by the Contractor pursuant to the Contract, including, but not limited to, the provisions
concerning indenmification.
(5) Notice of Cancellation or Change of Coverage. All certificates of insurance provided by Contractor must
evidence that the insurer providing the policy will give County thirty (30) days' written notice, at the address
shown in the section of the Contract entitled "Notices," in advance of any cancellation, lapse, reduction or
other adverse change respecting such insurance.
(6) Oualifving Insurers. All policies of insurance required hereby shall be issued by companies which have been
approved to do business in the State of Califomia by the State Department of Insurance, and which hold a
current policy holder's alphabetic and financial size category rating of not less than A, VII according to the
current Best's Key Rating Guide, or a company of eqnal financial stability that is approved in writing by
County's Risk Manager.
(7) Review of Coverage. County shall retain the right at any time to review the coverage, form and amount of
insurance required herein and may require Contractor to obtain insurance reasonably sufficient in coverage,
form and amount to provide adequate protection against the kind and extent of risk which exists at the time a
change in insurance is required.
(8) Self-Insurance. Contractor may, with the prior written consent of County's Risk Manager, fulfill some or all
or the insurance requirements contained in the Contract under a plan of self-insurance. Contractor shall only
be permitted to utilize such self-insurance, however, if, in the opinion of County's Risk Manager,
Contractor's (i) net worth, and (ii) reserves for payment of claims of liability against Contractor, are sufficient
to adequately compensate for the lack of other insurance coverage required by the Contract. Contractor's
utilization of self-insurance shall not in any way limit liabilities assumed by Contractor
ARTICLE 2
FIDELITY BOND
RESERVED
CHULA VIST APROFRMA.doc
Contract - Page 17 of 17
2-t8-02
_ . . i
?"~ ;/'
COUNTY CONTRACT NUMBER '1 S 1 V q
AGREEMENT WITH THE CITY OF CHULA VISTA FOR THE DEVELOPMENT OF A LIFE OPTIONS CENTER
FOR SENIORS AT THE NORMAN PARK CENTER.
EXHIBIT "C"
BUDGET
LIFE OPTIONS CENTER BUDGET
DescriDtion Items Included Cost
Other Contractual Staffing $4,000
Services
Other Professional Website design $4,500
Services Phonelcomputer installation
Printing & BiDding Brochures, pampWets, surveys $1,125
Office Supplies Pens, paper, pencils, binders, disks, $1,205
Stapler, staples, pencil sharpener, flip-chart & paper, markers, in-basket, etc.
Other Commodities Small miscellaneous items $50
Materials to Maintain Necessary modifications to existing building $500
Buildings & Grounds
Office Equipment PC, lap top, monitor, keyboard, mouse, software, scanner, desks, chairs, file cabinet, $6,620
bulletin board, bookshelf, display rack, etc.
Other Equipment Refrigerator (office-size), couch, coffee-brewer, signage, etc. $2,000
$20,000
CHULA VIST APROFRMA.doc
Contract - Page 18 of 18
2-18-D2
, .i
~'./
COUNTY CONTRACT NUMBER 4 51 (p II
AGREEMENT WITH THE CITY OF CHULA VISTA FOR THE DEVELOPMENT OF A LIFE OPTIONS CENTER
FOR SENIORS AT THE NORMAN PARK CENTER.
EXHIBIT D t"
CONFLICT OF INTEREST DECLARA nON
The California Political Reform Act (Government Code section 81000 - 91015) (the "Act") provides that individuals
who, under contract, provide infonnation, advice, reconunendation or counsel to a local government agency are deemed to be
Hpublic officials" subject to the conflict-of-interest provisions of the Act. In the opinion of County Counsel, individuals
performing the services contemplated under the Agreement on behalf of Consultant will be deemed to be public officials for
purposes of the Act.
Section 87100 of the Act prohibits public officials from participating in making, or in any way attempting to use their
position to influence, a governmental decision in which they know, or have reason to know, that they have a direct or indirect
financial interest. For purposes of the Act, a public official has a fmancial interest in a decision ifit is reasonably foreseeable
that the decision will have a material financial effect on:
I. Any business entity in which the public official has a direct or indirect investment worth one thousand dollars
($1,000) or more.
2. Any real property in which the public official has a direct or indirect interest worth one thousand dollars
($1,000) or more.
3. Any source of income (with certain exceptions) aggregating two hundred and fifty dollars ($250) or more in
value received or promised to be received within twelve (12) months prior to the time when the decision is
made.
4. Any business entity in which the public official is a director, officer, partner, trustee, employee, or holds any
position of management.
5. Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating two hundred and fifty
dollars ($250) or more in value provided to, received by, or promised to the public official within twelve (12)
months prior to the time that the decision is made.
For purposes of applying these criteria, the term "indirect investment or interest" means any investment or interest
owned by the spouse or dependent child of a public official, by an agent on behalf of a public official, or by a business entity or
trust in which the official, the official's agents, spouse and dependent children own directly indirectly, or beneficially, a 10
percent interest or greater.
I hereby acknowledge that I have read and understand the above and certifY that any work to be performed by me on
the project identified below will not constitute a conflict of interest under the Act.
PROJECT NAME: Life Options Center at the Norman Park Center
Name:
Date:
CHULA VIST APROFRMA.doc
Contract - Page 19 of 19
2-18-02
',: L/
Fo,m W-g
Request for Taxpayer
Identification Number and Certification
Give form to the
requester. Do NOT
send to the "IRS.
(Rev. March 1994)
Depar1ment of the Treasury
Internal Revenue Service
I
~ '
0.1
~
Name (Iljoinl names, list first amI circle the rJame of the person or entity whose number you enter In Part I below. See instructions an page 2 jf your name has changed.)
Business name (Sale proprietors see Instructions on page 2.)
-
o
:s
a.
~
o
.
~
c:
o Corporation
o Partnership 0 Other" ____ .nq_.P__uu
Requester's name and address (optional)
Please check appropriate box:
Address (number, street, and apt.
o IndividuaVSole proprietor
or suite no.)
Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. For
individuals, this is your social securIty number I Social security number I
(SSN). For sole proprietors, see the instructions ~
on page 2. For other entities, it is your employer
identification number (EIN). If you do not have a OR
number, see How To Get a TIN below.
City, state, and ZIP code
Note: ff the account IS in more than one name,
see the chart on page 2 for guidelines on whose
number to enter.
Certification
list account number(s) here (optional)
For Payees Exempt From Backup
Withholding (See Part "
instructions on page 2)
Employer identification number
+ I
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal
Revenue Service that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified
me that I am no longer subject to backup. withholding.
Certification Instructions.-You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup
withholding because of underreporting interest or dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage
interest paid, the acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement
(IRA), and generally payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct
TIN. (Also see Part III instructions on page 2.)
Sign I
Here Signature ..
Section references are to the Internal
Revenue Code.
Purpose of Form.-A person who is
required to file an information return with
the IRS must get your correct TIN to report
income paid to you, real estate
transactions, mortgage interest you paid,
the acquisition or abandonment of secured
property, cancellation of debt, or
contributions you made to an IRA Use
Form W-9 to give your correct TIN to the
requester (the person requesting your TIN)
and, when applicable, (1) to certify the TIN
you are giving is correct (or you are waiting
for a number to be issued), (2) to certify
you are not subject to backup withholding,
or (3) to claim exemption from backup
withholding if you are an exempt payee.
Giving your correct TIN and making the
appropriate certifications will prevent
certain payments from being subject to
backup withholding.
Note: If a requester gives you a form other
than a W-9 to request your TIN, you must
use the requester's form if it is substantially
similar to this Form W-9.
What Is Backup Withholding?-Persons
making certain payments to you must
withhold and pay to the IRS 31 % of such
Date ..
payments under certain conditions. This is
called "backup withholding." Payments
that could be subject to backup
withholding include interest, dividends,
broker and barter exchange transactions,
rents, royalties, nonemployee pay, and
certain payments from fishing boat
operators. Real estate transactions are not
subject to backup withholding.
If you give the requester your correct
TIN, make the proper certifications, and
report all your taxable interest and
dividends on your tax return, your
payments will not be subject to backup
withholding. Payments you receive will be
subject to backup withholding if:
1. You do not fumish your TIN to the
requester, or
2. The IRS tells the requester that you
furnished an incorrect TIN, or
3. The IRS tells you that you are subject
to backup withholding because you did not
report all your interest and dividends on
your tax return (for reportable interest and
dividends only), or
4. You do not certify to the requester
that you are not subject to backup
withholding under 3 above (far reportable
interest and dividend accounts opened
after 1983 only), or
5. You do not certify your TIN. See the
Part III instructions for exceptions.
Certain payees and payments are
exempt from backup withholding and
information reporting. See the Part II
instructions and the separate Instructions
for the Requester of Form W-9.
How To Get a TIN.-If you do not have a
TIN, apply for one immediately. To apply,
get Form 55-5, Application for a Social
Security Number Card (for individuals),
from your local office of the Social Security
Administration, or Form 55-4, Application
for Employer Identification Number (for
businesses and aU other entities), from
your local IRS office.
If you do not have a TIN, write "Applied
For" in the space for the TIN in Part I, sign
and date the form, and give it to the
requester. Generally, you will then have 60
days to get a TIN and give it to the
requester. If the requester does not receive
your TIN within 60 days, backup
withholding, if applicable, will begin and
continue until you furnish your TIN.
Cat. No. 10231 X
Form W-9 (Rev. 3-94)
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11..20
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
COUNCIL AGENDA STATEMENT
Item No.: /z _
Meeting Date: 05/07/02
Resolution of the City Council of the City of Chula Vista
approving a Contract, in Substantially the Form Attached, between the
City of Chula Vista and the California Department of Fish and Game to
receive a Natural Community Conservation Planning grant award in the
amount of $227 ,666 over an approximate two year period, appropriating
the funding into the FY 01-03 Budget of the Planning and Building
Department, and Authorizing the City Manager to make Minor
Amendments to Said Agreement and Authorizing the City Manager to
Execute the Final Said Agreement.
Resolution of the City Council of the City of Chula Vista
Approving a Two-Party Agreement between the City of Chula Vista and
RECON Environmental Services to perform Biological Consulting
Services necessary to complete the tasks outlined in the NCCP grant
award from California Department of Fish and Game, and authorizing
the Mayor to Execute Said Agreement.
Director of Planning and BUildin$
. ([(<<--
CIty Manager,F~ Or-
(4/5ths Vote:
Yes X
)
No
The City of Chula Vista anticipates receiving its Multiple Species Conservation Program
(MSCP) take authorization from the Wildlife Agencies by December 2002. Under the proposed
take authorization from the Wildlife Agencies, the City would be obligated to conduct a
baseline biological study and complete Area-Specific Management Directives (ASMDs) for
approximately 1,350 acres of habitat preserve lands in the Central City Preserve Management
Area (CCPMA). In August 2001, the City was awarded a $227,666 grant from the California
Department of Fish and Game (CDFG) through the Natural Community Conservation Planning
(NCCP) program to hire a consultant to perform the baseline biological study and complete the
ASMDs for the 1,350-acre habitat preserve area.
There is no resulting fiscal impact of adopting these resolutions to authorize the contracts to
implement the NCCP grant award. The contract between the City of Chula and CDFG would
allow the City to receive the NCCP grant award necessary to fund the work to be completed
under the Two-Party Agreement between the City and the selected consultant.
RECOMMENDATION:
] . That the City Council adopt the Resolution approving a Contract, in Substantially the
Attached Form, between the City of Chula Vista and the CDFG to receive the NCCP
I
!
Page 2, Item No.: L2.
Meeting Date: 05/07/02
grant award in the amount of $227,666, appropriating the funding into the FY 01-03
Budget of the Planning and Building Department, authorizing the City Manager to
make minor amendments to said agreement, and execute said agreement on behalf of
the City.
2. That the City Council adopt the Resolution approving the Two-Party Agreement
between the City of Chula Vista and RECON Environmental Services (Consultant) to
perform biological consultant services, and authorizing the Mayor to execute said
agreement.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
The Multiple Species Conservation Program is a comprehensive, long-term habitat
conservation plan developed to address the needs of multiple species and the preservation of
natural vegetation communities in south San Diego County. The MSCP Subregional Plan was
adopted by the City of San Diego and County of San Diego in 1997. It addresses the potential
impacts of urban growth, natural habitat loss and species endangerment, and creates a plan to
mitigate for the potential loss of "Covered Species" and their habitat due to the direct impacts
of future development of both public and private lands within the MSCP study area.
Participating jurisdictions prepare Subarea Plans to layout how the Subregional Plan goals and
policies are implemented within individual jurisdictions.
The Chula Vista Draft MSCP Subarea Plan was conditionally adopted by the City Council on
October 17,2000. The City is in the final stages of completing a revised Draft MSCP Subarea
Plan and associated implementing documents and anticipates receiving take authorization from
the U.S. Fish and Wildlife Service and CDPG (collectively the "Wildlife Agencies") by
December 2002. Under the proposed take authorization, the City would be obligated to
conduct a baseline biological study and prepare ASMDs for the approximately 1,350 acres of
habitat preserve lands in the CCPMA.
In June 2001, the City of Chula Vista applied for a grant under the State's NCCP Program, in
the amount of $227,666, to provide funds to complete the biological studies and plans. In
August 2001, the City of Chula Vista was selected to receive the full grant request.
Subsequent to the grant selection process, City staff has worked with the CDPG staff to
finalize a detailed scope of work and has completed the City's consultant bidding process. A
Request For Proposals (RFP) was distributed to approximately 30 consulting firms on the
City's List of Qualified Environmental Consultants. The RPP included the detailed scope of
work as well as specific Selection Criteria. The City received five proposals in response to the
RFP. Based on a thorough review of the proposals, RECON was selected as the most
responsive and qualified consultant to conduct the required biological consulting services. The
;
'J
.-
Page 3, Item No.: I:;'
Meeting Date: 05/07/02
contract with RECON will be contingent upon the City entering into a final agreement with
CDFG.
Currently the draft contract between the City of Chula Vista and CDFG is being processed
through the State offices in Sacramento and will be routed to the City of Chula Vista for
signature once the State's internal processing requirements are completed. The attached draft
Contract is in substantial form of the final contract. Due to the extent of surveying required
within the 1 ,350 acre preserve area, the time sensitivity of surveying for certain sensitive
species (e.g. springtime only) and the time limitations to fully utilize the full grant award, staff
is proposing that the City Council approve the Draft Contract, in substantially the form
attached, authorize the City Manager to make minor modifications to the contract in
conjunction with the City Attorney's office, and authorize the City Manager to execute the
final agreement, once received from the State. This will allow the Consultant to begin work
immediately after receipt and signing of the Contract between the City of Chula Vista and
CDFG.
FISCAL IMPACT:
There is no resulting fiscal impact of adopting these resolutions to approve the draft Contract,
in Substantial Form, between the City of Chula Vista and the CDFG, and the Two-Party
Agreement between the City of Chula Vista and the Consultant. Administration of the
contracts will be performed by the Project Manager currently assigned to the MSCP.
Attachments: Draft Contract between the State of California and the City of Chula Vista for the NCCP Grant
Draft Two-Party Agreement between The City of Chula Vista and RECON Environmental Inc.
H :\Shared\Planning\MaryL \NCCP A lI3.2.doc
/ 2- ~3
RESOLUTION NO. 2002 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING A CONTRACT, IN SUBSTANTIALLY THE
FORM ATTACHED, BETWEEN THE CITY OF CHULA VISTA AND
THE CALIFORNIA DEPARTMENT OF FISH AND GAME TO
RECEIVE A NATURAL COMMUNITY CONSERVATION PLANNING
GRANT AWARD IN THE AMOUNT OF $227,666 OVER AN
APPROXIMATE TWO YEAR PERIOD, AND AUTHORIZING THE
CITY MANAGER TO MAKE MINOR AMENDMENTS TO SAID
AGREEMENT AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE FINAL SAID AGREEMENT.
WHEREAS, thc City of Chula Vista City Council conditionally adopted the Draft
Multiple Species Conservation Program (MSCP) Subarea Plan on October 17,2000; and
WHEREAS, the City of Chula Vista anticipates receiving take authorization from the
U.S. Fish and Wildlife Service (USFWS) and California Department ofFish and Game (CDFG)
for its MSCP Subarea Plan in December 2002; and
WHEREAS, once the City of Chula Vista receives its take authorization from USFWS
and CDFG, the City would bc obligated to complete a baseline biological study and Area
Specific Management Dircctives for approximately 1,350 acres of habitat preserve land in the
Central City Prcserve Management Area; and
WHEREAS, the cost to the City to complete the baseline biological study and Area
Specific Management Directives for approximately 1,350 acres of habitat preserve land in the
Central City is estimated to be $227,666; and
WHEREAS, the City ofChula Vista applied for and received a grant award in the amount
of $227,666 through the CDFG's Natural Community Conservation Planning (NCCP) Grant
Program; and
WHEREAS, a Draft Contract between the City of Chula Vista and the CDFG has been
prepared and is being proccssed through the State and will be routed to the City for signature;
and
WHEREAS, due to the extent of and time sensitivity of the related biological survey
work and the time limitations associated with utilizing the full grant award, the City desires to
process the contract in a most expeditious manner.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve a draft Contract, in Substantially the Form Attached, between the City
/ ' i
: "'I
ofChula Vista and the CDFG to receive a NCCP grant award in the amount of $227,666 over an
approximate two ycar period; and
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista
authorizes the City Manager to make Minor Amendments to Said Agreement in conjunction with
the City Attorney's office and authorizes the City Manager to execute the Final Said Agreement.
Presented by:
Approved as to form:
/-' :1M
c~ <:W~
Joh . Kaheny
City Attorney
Robert A. Leiter
Planning and Building Director
J:\Attorncy\RESO\NCCPGrant Rcso] .I.doc
.
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
A TTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
~ -3/rt~~
f!/J;1JOhn M. Kaheny
City Attorney
Dated: r / l... - 0 2-
Fish and Game Natural Community Conservation Planning Grant
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rANDARD
AGREEMENT~APPROVED BY THE
ATTORNEY GENERAL
coNTRACT NUMBER
P0150008
.-.M,NO,
TE"OFCAllFORNIA.
T.u:PAYER'S r=ecEAAl. EMPLOYER IDENTIF1CA.llON
:lS AGREEMENT, made nnd entered into thiS 19th day of February .20 ~ NUMB"" 95-6000-690
:he State of California, by and betwcen State of California. through its duly elec.ted or appoint.ed, qualified Emd acting
,. ~(REV.!o91)
.e of OFFICER ^CT1NG rOR ST,ATe
ircctor
AGENCY
pepartment of Fish and Game
. hereafter called the Sta.le, and
IlTAACTOFl'S NAME
ity of Chula Vis la, Plannin!\ and Building Pepartment ' herenfter call<d the Controctn,.
[TNESSETH; That the Contractor fot' and in consideration of the covenants, conditions, agreements. and stipulations or the State hereinafter expressed_
eg hereby agrct: to furnish [0 the State services and materials as fo\lows~ (Setforth service to he rendered by Comracto" amOfJnl UJ be paid ContractQr, time
'performance or completion, and auach plaHs and specificalir;m,t. if any.)
. This agreement is entered into by and between the California Department of Fish and Game, hercafter referred to as the State, and thc
~ity of Chub Vista, Planning and Building Department, hereafter referred to as the Contractor.
. As part of the Natural Community Conservation Planning (NCCP) Program. the City of Chula ViSla, Planning and Building pepartment
, participating in [he implementation of the Multiple Species Conservation Program (MSCP). The State agrees to pay the Contractor for
KCP project activities in accordance with the Statement of Work, marked "Exhibit A," which is attached hereto and made a part of this
ontract by this reference. Additionally, Contractor agrees to provide an labor. tools, and transportation necessary for the complet~on of
<ork outlined in Exhibit A.
,. The term of this agreement shall be from March 1. 2002 through March 31. 2004.
k The maximum amount payable under the terms of this contract shall not cxceed TWO HUNIlRED TWENTY SEVEN rnOUSANlJ
;IX HUNlJREP SIXTY SIX DOLLARS ($227,666.00) which shall include alltaxe. and other expenses. This amount is in accordance
Nith the Budget Petail, marked "Exhibit B", consisting of 1 page, which is atlachcd and made a part of this contract by this reference. The
)udget is an estimate of the contractor'S anticipared cost of performance hereunder. Actual invoiced e~penses must be charged against
ipecific categories. If required by actual costs, the State may approve and reimburse ex.penditures in any of the budgeted categories in
~XCf:SS of the estimated costs, provided there is offsetdng, decreased expenditures in other budgeted categories. Such requests for budget
:atcgory changes sh.all be made and approved in writing by the Statcls Contract Manager.
ONTINUED ON
2
SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER.
The provisions on toe:: re\lcr$e side hereof constitute a part of this agreement.
" WITNESS WHEREOF, this agreemenr has been executed by the parties hereto; lJpon the date fir$t above written.
STATE OF CALIFORNIA CONTRACTOR
3eNCY CONTP.ACTOFl (I/omerlhllfllill"llrJd1v/du4l, ~Jt:pwhlillhctrIH;O/f'OraIlOf!, pSrfnmh!P, E1ta.)
Department of Fish and Game City of Chulo Vista, Planning and Building Pepartment
:y (AUTHOR1ZI:O 9IG1'JATUFI~) BY (^UTHORIZED SIGNATUF\E)
> l>
1=IINTED Nf\MEOl" PERSON SIGNING. PFlINTE:D NAME AND T1TL.-E OF PERSON SIGNING
Michael F. Harris Mary Ladiana, Environmental Projects Manager
ITLE ADDRESS
Deputy Dire~tor 276 Fourth AvenUE, Chula Vista, CA 91910
.MOU/IoIT ENCUMBERED BY THIS PROGAMNCATEGOFlY (CODE AND T1TLt:.l 1 FUND TITLE Deparrment of Gene,..' ServJ~e$
IOcuMENT
$ 227,666.00 Local Assistance General Use Only
(OF'TIONAl.U$G:)
'AIOR AMOUNT eNCUMBE::REO FOR
.HIS CONTRACT
$ 0 ITEM 1 CI-tAI'TF..Fl. I ST^TUTE: I FISCAl. YEAR
3600-101-001-01 106 2001 01-02 ~
-aTAL AMOUNT t'NCUMBEAED TO
),ATI; OBJECT OF !::XPEND1TUAI: {CODE AND tiTLE)
$ 227.666.00 NllO-70l-ROOO8 Activity 122127
I hsrsby cet1;fy upon my own pP3rsonal know/sdge that budg8t8d funds .1 T.8A NO. 1,8.R.NO. <(
us aI/aI/able for rhe period and purpose of the exp~ndltu'B stated aoo"fJ:!.
~laNATuAe OF ACCOUNTING OFFiceR I D^TE DJ.
> ().
o CONTRACTOR
o ST^TEAGENCY
o OEPT.OFG~.SER
o CONTROLLE1=I
o
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~NDARD AGREEMENT
. 2(FI~. So-91)(REVEFi5e)
1. The Contrador agree' to indemnify, defend and save harmlcss the State, its officers, agen" and employees from
any and all daims and losses accruing or resulting to any and all l;ontradors,subtontradors, materialmen,
Isborers and any other person,lirm orcorpora tion furnishing or ,upplying workserv.ites, material' or supplies
in connection with the performance oHbis contract, and from any and nil claims and losses accruing or resulting
to any person, firm or corporation who may be injured ordamaged bytheContrattorin the performanceofthis
contract.
2. The Contractor, and the agents and employees ofContrador, in the performance ofthe agreement, shall ad in
an independent capaclty and not as officers or employees or agents of State of California.
3. TheState may terminate this agreement and be relieved of the payment of any consideration to Contraetorshould
Contractor fail to perform thecovenants herein contained at thetlm.and in the manner herein provided. In the
cventofsuch termination tbeState mayproeeed with the work in any manner deemed proper by the State. The
eost to the State ,hall bededueled from any sum due the Contractor underthis agreemen~ and the balance, lfany,
shall beraid the Contractor upon demand.
4. Without thewril!en consent of the State, thi. agreement Is not a.signable by Contractor either in wbole orin part.
5. Time is of the essence In this .qgreement.
6. No aiteration onariation ofthe terms oftbis eontraetshall be valid unless made in writing and signed by the parties
hereto, and no oral understanding or agreement Dot incorporated herein, shall be binding on any ofthe parties
hereto.
7. The consideration to be paid Contractor, as provided herein, ,hall be in compensation for all ofContraclor',
expenses incurred in the perform ante hereof, including travel and per diem. unless otherwise expressly so
provided.
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Page Two
5. Payments will be made by the State to the Contractor upon receipt of an itemized invoice
showing the time period covered and the work items accomplished. The invoice must be
submitted on letterhead stationary, type written with the name and address of the Contractor,
and must contain the signature and title of the person submitting the invoice. The invoice
shall bear reference to the contract number and shall be submitted to the attention of the
State's Contract Manager. Invoices may be submitted not more frequently than monthly, in
arrears. The State shall withhold ten percent from each payment pending fulfillment of the
Contractor's obligations herein as stated in the attached Special Provision 8 (SP-8). Upon
completion of the agreement, the Contractor may submit an invoice requesting the ten
percent retention. Contractor may be required to substantiate to the State all charges and
costs incurred by providing actual receipts and supporting documentation of the invoice.
6. To ensure payment and allow for an adequate amount of time to process and close the
appropriation, all invoices for work performed and charged against this contract must
be received by the State's Contract Manager no later than March 31, 2004.
7. Also attached and made a part of this contract by this reference are Standard Clauses -
Contracts with Public Entities pages PE 1 through 4; and Special Provision 8 - Progress
PaymentlPayment Retention Clause (SP8), consisting of one page.
8. Each invoice for payment must be accompanied by a written description, not to Mceed one
page in length, of the Contractor's performance under this agreement since the previous such
report was prepared. The report should not list the number of hours worked during the
reporting period but should describe the types of activities and specific accomplishments
during the period.
9. The State intends to implement this agreement through a single administrator, herein called
the "Contract Manager". The Contract Manager shall make all determinations and take all
actions as appropriate under this agreement, subject [0 the limitations of State administrative
regulations. No decisions of persons other than the Contract Manager, unless expressly
delegated in writing, shall be binding on the Contract Manager or the Stale.
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10. The State's Contract manager for this agreement shall be:
Mr. David Mayer
Department of Pi sh and Game
South Coast Region
4949 Viewridge Avenue
San Diego, CA 92123
858467-4234
dmayer@dfg.ca.gov
11. Toe Contractor's Project Manager for this agreement is:
Ms. Mary Ladiana
City of Chula Vista
Planning and Building Department
276 Fourth Avenue
Chula Vista, CA 91910
619 409~5432
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P0150008
City of Chula Vista
Page Three
POl50008
City ofChula Vista
Page Four
EXHIBIT A
STATEMENT OF WORK
TASK A - BASELINE BIOLOGICAL STUDY FOR 1,350-ACRE CENTRAL CITY
PRESERVE MANAGEMENT AREA
City will hire a biological consultant to conduct a biological survey of I ,350 acres of habitat preserve
land in the Central City Preserve Management Area during the spring/summer 2002, and as needed,
follow-up spring surveys in 2003 for sensitive species and including narrow endemics. The survey
shall include the following:
I. Compile any previously existing baseline biological studies for the Central City,
including but not limited to:
I. Biological information contained in environmental documents
2. Mitigation monitoring reports
3. Survey information collected by the U.S. Geological Survey
2. Survey and map vegetation communities.
3. Survey and map extent of exotic plant invasion and provide list of exotic species
present per area/canyon.
4. Compile a species list by area/canyon.
5. Survey for nesting bird species - federal survey protocol must be used where
applicable.
6. Conduct a sensitive species count per area/canyon.
7. Identify and map predators or signs of predators, including: skunks, possum, gray
fox, coyote, and bobcats.
8. During the spring survey, identify and map the areal extent of any narrow endemic
plant species that may be detectable.
9. During the spring survey, determine the existing or potential habitat for narrow
endemic species and return to survey these areas at the appropriate time of year for
detection.
10. Survey and map trespass, vagrant encampments, dumping, and off-road vehicle use.
I] . Survey and map observed road kill areas and identify potential road kill areas.
12. Survey and map permanently or potentially clogged culverts within or adjacent to the
habitat preserve that may prevent wildlife movement.
13. Map desiltation basins and channels as well as access roads to basins and channels.
PRODUCTS AND DELIVERABLES
A draft report will be provided to the City ofChula Vista and the California Department ofFish and
Game for their review and comment. (July 31, 2003) The biological consultant shall incorporate
requested revisions into the draft report and produce a final written biological report. (September 27,
2003).
.
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The final written biological report will contain the following:
1. Abstract
2. Introduction that describes the purpose of the study
3. Vicinity map
4. Discussion of methods, including:
a. Date and time of site visits (in Appendix)
b. Personnel and qualifications (in Appendix.)
c. Weather conditions during the survey (in Appendix)
d. Map showing thc general location of survey routes
5. Brief written description of the physical characteristics of the property from a
biological perspective, including:
a. Slope and exposure
b. Topographic characteristics
c. Water resources
d. Soil and rock types
e. Adjacent land uses
6. Written description of biological resources - Note: To the extent possible, the report
should be organized based on the four distinct areas which will be the subject of the
Area Specific Management Directives (ASMDs). This will provide increased
efficiency when developing the ASMDs.
a. Botanical Resources (Flora)
1. Describe existing vegetation communities as well as disturbed areas
(use the latest San Dicgo Regional Holland code classification system
for vegetation communities)
ii. List the dominant species of each vegetation community type
Hi. Providc acreage of each vegetation community by area/canyon
iv. Provide acreage and number of individuals of each narroW endemic
plant species by area/canyon
v. Provide complete listing of all plant species observed per
area/canyon, including scientific and common names - indicate which
species are not native to the area (in an appendix).
vi. Charactcrize threats to native plant species from exotic invasive plant
species.
b. Written description of Zoological Resourccs (Fauna)
i. Provide a complete listing of all vertcbrate species observed or
detected, including scientific and common names (in an appendix).
ii. Identify method used to identify the species, i.e., dircct sighting, scat,
calls. etc.
Hi. To the extem possible, indieatc the number and location of
individuals detected or estimated.
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PO I 50008
City of Chula Vista
Page Six
lV. Note indications of breeding activity, such as nests or dens.
v. Discuss invertebrates only if they are Chula Vista MSCP Covered
Species or rare, threatened, or endangered species.
c. Rare. Threatened, Endangered, Endemic and/or Sensitive Species or MSCP
Covered Species
i. Discuss separately any rare, threatened, endemic, sensiti ve. or MSCP
Covered Species.
ii. Discuss the suitability ofthe habitat in each area/canyon for each type
of species listed above and the probability of the property being
utilized by said species, particularly ifthe survey was done when the
species would not be identifiable.
iii. Discuss the known growth requirements of said speeies, including
required soil types, exposure, elevation, availability of water, etc.
Discussions of sensitive spec.ies in each of the four areas should
concentrate on the numbers or size of the populations, and their
importance or contribution to the MSCP Subarea. Summaries about
a species listing, status, life history or other general reference should
be put into an Appendix.
7. GIS maps at a 1":= 200' scale, which include the following information
a. North Arrow
b. Scale
c. Date
d. Topography at 10-foot intervals ( lO-foot topography data to be provided by
the City to the subconsultant)
e. Boundary of each habitat preserve area (GIS habitat preserve boundaries to
be provided by the City to the subconsultant)
f. Boundary and identification of vegetation communities (Holland categories)
g. MSCP Covered Species (flora) and narrow endemic species locations by
points or polygons as appropriate
h. MSCP covered vertebrate and invertebrate species locations by points
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City of Chula Vista
Page Seven
TASKB _ AREA-SPECIFIC MANAGEMENT DIRECTIVES
City will hire a biological consultant to create four distinct area-specific management directives
(ASMD) for the 1 ,350-acre habitat preserve in the Chula Vista Central City Preserve Management
Area (PMA).
The four separate areas to be addressed include the following:
ASMD Central City 1
Includes habitat preserve east of 1-805, north of East H Street, and south of Otay
Lakes Road and the City boundary in Bonita.
ASMD Central City 2
Includes habitat preserve east of 1-805, north of Telegraph Canyon Road, west of
Otay Lakes Road, and south of East H Street.
ASMD Central City 3
Includes habitat preserve east of 1-805, north of the Otay Landfill, west of Otay
Ranch, and south of Telegraph Canyon Road.
ASMD Central City 4
Includes habitat preserve east and north of Otay Lakes Road, west of Rolling Hills
Ranch, EastLake Business Park and EastLake Village Center, and south of the City
Boundary and San Miguel Ranch.
The ASMDs shall utilize the baseline biological study (described in Task A, above), and address the
following:
1.
2.
3.
City MSCP Framework Management plan, including:
a. Litter, materials storage. and illegal activities
b. Adjacency management issues
c. public access. trails and recreation
d. Exotic invasives (control and removal)
e. Flood control
f. Any project-specific management requirements of conditions for coverage
For each identified species and those species with a reasonable potential for
occurring, describe the conditions of coverage listed in Table 3-5 of the MSCP
Subregional Plan.
Assessment of existing maintenance, management and monitoring required as part
of mitigation monitoring programs or open space districts.
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P0150008
City of Chula Vista
Page Eight
4. Other issues of conccrn, including:
a. Over-irrigation and the potential spread of non-native species
b. Recommendations for any new fencing
c. Prioritization of nccd for restoration and weeding per area/canyon
d. Asscssment of conncctivity between habitat patches and opportunities for
enhanccment.
e. Frequency and extent of brush management
f. Maintenance frequcncy of desiltation basins, drainage channels and their
access roads.
g. Decommissioning of illegal trails
5. List of compatible uses
6. Monitoring program
The ASMD must contain the following:
1. Introduction that describes the ASMD
2. Vicinity map and written description of the location
3. Baseline biological information
4. Management directives in priority order
5. Annual cost cstimatc to implement the management directives
PRODUCTS AND DELIVER ABLES
Draft ASMDs will be provided to the City ofChula Vista and the CaliforniaDepartmcnt ofFish and
Gamc for their review and comment. (December 31, 2003) The biological consultant shaH
incorporate requested revisions into the draft ASMDs and produce final ASMDs. (February 28,
2004)
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P0150008
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Page Nine
EXHffiIT B
BUDGET ESTIMATE
TASK A. BASELINE BIOLOGICAL STUDY
Personnel Services - SubconsuUant
Senior (563 hours at $99/hour)
Research Assistant (472 hOUTS at $50/hour)
Associate (247 hours at $87/hour)
Principal (J 9 hOUTS at $127/hour)
GIS Specialist (90 hours at $521hour)
Production Supervisor (34 hours at $53/hour)
Subtotal - Personnel Services
Copying/Production Costs - Subconsultant
$55,737
$23,600
$21,489
$2,413
$4,680
$1,802
$109,721
$854
TOTALTASKA
$110,575
TASK B - AREA SPECIFIC MANAGEMENT DIRECTIVES
Personnel Services. Subconsullant
Scnior (241 hours at $99/hour)
Associatc (677 hours at $87/hour)
Principal (97 hours at $127/hour)
GIS Specialist (232 hours at $52/hour)
Production Supervisor (150 hours at $53/hour)
Subtotal - Personnel Services
$23,859
$58,899
$12,319
$12,064
$7,950
$115,091
Copying/Production Costs - Subconsultant
$2,000
TOTALTASKB
$117,091
CONTRACT TOTAL
$227,666
The subconsultant for (his contract was selected by the City of Chula Vista through their
competitive bidding process during which they received five bids from responsible bidders.
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Agreement No. PO 150008
City of Chula Vista
Page Ten
State of California
The Resourccs Agency
DEPARTMEl'<! OF FISH AND GAME
STANDARD CLAUSES
AGREEMENTS WITH PUBLIC ENTITIES
Commencement of Work
This contract is of no force and effcct until signed by both parties and .pproved by the Deportment of Fish and Game
and/or the Department of General Services as pursuant to PCC ~~ 10335, 10360 and 10295. Any work initiated ptiot
to the apptoval date is done at the Contractor's own risk. Absolutely no expenses incurred priof.lo the effective date of
this agreement will be approved for payment.
A vailability of Funds
Work 10 be performed undet this agreement is subject to availability of funds through the State's normal budget process.
Contractor Name Chan~e
Contractor shall provide.~ written notice to the State at least thirty (30) days prior to any changcs to the Contractor's
current legal name.
Documents and Written Reports
Any document or written report prepared as A requirement of this agreement shall contain. in a separate section preceding
the main body of the document, a disclosure statement indicating that such was prepared through agreement w.ith the
Department of Fish and Game and shall further contain the agrcemcnt number and dollar amount of all agreements and
subcontracts relating to the preparation of such documEnt or report.
Inspection
The State, rhrough any authorized representatives, ha~ the tlght at all reasonable times to inspect or orherwise evaluate
the work performed or being performed hereunder including subcontract supported activities and the premises in whil;h
il is being performed. If any inspection or evaluation is made by the Stale of the prcmises of the Contractor or a
subcontractoT~ the Contractor shall provide and shall require his subcontractors to provide all reasonable facilities and
assistance for the safety and convenience of the State representatives in the performance of their duties. All inspections
~.nd evaluations shall be performed in such a manner as will not unduly delay the work.
Nondiscrimination Clauge _ Exduding Contracts with Federal Entities
During the performance of this agreement, Contractor and its subc()ntractors shall not unlawfully discriminate, harass
or allow harassment., ag41inst any employee 01' applicant for employment because of sex. race. color. ancestry, religious
c;:reed. national origin. physic ill disabilHy (including mv and AIDS), medical condition (cancer). age, marital status.
dE:nial of family and medical care leave and d€:niat of pregnancy disability leave. Contractors and subcontractQrs l)hall
insure that the evaluation and treatment of their employees and a.pplicancs for employment are fra from such
discriminarion cnd harassment Contractor and subcomractor shall comply with the provi.sion.s of the Fair Employment
and Housing Act and the applicable regulations promulgated thereundcr. Thc applicable regulations of the Fair
Employment and Housing CQmmi~sion implemEnting Government Code Section 12990 (a-f). set forth in Chapter 5 of
Division 4 of Titlc 2 of the California Code of Regulations arc incorporated into this agreement by reference and made
. part hercof as is set forth in full. Contractor and its subcontractors shall give written notice of their obligations under
this c13USC to labor organization!) with which they have a collecbve bargaining 0"- othEr agreement. Contractor shall
include: the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under [he
agreement.
Americans With Disabilities Ad
By signing this agreement, Contractor assures the state that it complies with the Americans with Disabilities Act (ADA)
of 1990, (42 U.S.C. 12101 ct seq.), which prohibits discrimination on the ba..is of disability, as well as all applicable
Tegulat;ons and guidelines issued pursuant to the ADA.
Rev. 3199
If
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Agreement No. P0.150008
City of Chula Vis"'-
Page Eleven
Recycling CertificR'tion
Contractor shaH certify in writing under-penalty of perjury that the minimum. if not f:x3.ct, percentage of the materials.
goods, supplies ordered, or products used in the performance of chis contract meets or exceeds the minimum percentage
ofreeyc1ed material as defincd in PCC ~~ .12.161 and 12200. The Contractor may certify that the product contains zero
recycled content. (PCC ~ 10233)
Air and Water Pollution Violation
Under the. State laws, the Contractor shall not be: 1) in violation of any order or resolution not subject to review
promulgated by the State Air Resources Board or an air pollution control district: 2) subject to Cease and desist order
not subject to review issued pursuant to Section J 330 J of the WatcT Code for violation of waste discharge requirement....
or discharge prohibitions; or 3) finally d~termincd to be in violation of provisions of fedcTallaw relating to air or water
pollution.
Child Support Compliance Act
For any contract in eXcess of $100.000, the Contractor acknowledges in accordance with. that: (al the Contractor
recognize, the importance of child and family .upport obligations and shall fully comply with all applicable state and
federall.ws relating to child and family support enforcement. including, but not limited to. disclosure of information and
compliance with earnings ..,signmcnt ordcrs, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of
Division 9 of the Family Code; and (b) theContractOT, to the best of its knowledge is fully complying with the earnings
assignmc:ntorders of all employees and is providing the names of all new employees to the New Hire Registry maintained
by the California Employment Developmcnt Department-
Year 2000 Compliance
The Contractor warrant~ and represents that the goods or services ~old. leased. or licensed to the State of California. its
agencies~ or it'S political subdivisions. pursuant to this contract are "Year2000compliant". For purposes of this contract.
a good OT service is Year 2000 compliant if it will c::ominm: to fully function before, at~ and after the Year 2000 withom
interruption and. if applicable. with full ability [0 accurately and unambiguously process, display, compare. calculate.
manipulate, and otherwi.se utilize date infonnation. This warranty and repre~entat1on supersedes all warranty disclaimers
and limitations and atllimitations on liability provided by or through the Contractor.
Drug.Free Workplace Requirements
By signing this agreement. the Contractor hereby certifies under pennlty of perjury under the: State laws that the
Contractor will comply with the requirements of thc Drug-Free Workplace Act of 1990 and will provide a drug-free
workplace by taking the following action$;
1. Publish a Statement notifying employees that unlawful manufacture, distribmion. dispensation.
possession Of use of a controlled substance is prohibited and specifying actions to be taken against
cmployecs for violations.
2. Establish a Drug-Free Awareness Program to inform employees about:
a. The dangers of drug abuse in the workplace;
b. ne person's or organization's policy of maintaining a drug-free workplace;
c. Any available counseling, rehabiliration and employee assistance programs' and,
d, Penalties that may be imposed upon employees for drug abu~e violations.
3. Provide that every employee who works on the proposed agreement:
3. WHl receive a copy of the company's drug-free policy statement: and,
b. Will agree 10 abide by the terms of the company's statement as a condition of employment on thc
agreement.
Failure to comply with these requirements may result in suspension of payments under the agreement Or termination of
the 3.gr~emem. or both. and the Contractor may be ineligible fOT award of 3ny future State agreements if the Department
deterItunes that any of (he following has. occurred: (1) the Contractor h3S m<,dc false certification, or (2) violated the
c:.enification by failing to carry out the requirements as noted above:. (GC ~ 8350 ct seq.)
Rev. 3199
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Agreement No. P0150008
City of Chula Vista
Page Twelve
National Labor Relations Board Clause
By signing this agreement, Contractor declares under penal ty of perjury that no more than one final, unappcalable finding
of contempt of court by a Federal Court has been issued against the Contractor within the immediately preceding two
(2) year period because of Contractor's failure to comply with an order of a Federal Coun which ordco' Contractor to
comply with an order of thc National Labor Relations Board (PCC ~ 10296)
Contract Dispute Clause
The State's Contract Manager has initial jurisdiction over each controversy arising under or in connection with the
interpretation, performance, or payment under this contract. The Contractor will diligently pursue with the State's
Contract Manager mutually agree41ble settlement of llny such controversy. In the event a dispute cannot be rewlved by
mutual agreement, the State's Contract Manager shall promptly issuc a written decision in the matter wbich sball be
mailed or otherwise furnished to the Contrat;:tor and which shall infonn the Contractor of his right to appeal the decision
as provided herein. The Contractor ~hilll have fifteen (15) calendar days from receipt of the decision to submit a WTitten
protest oft11e decis.ion to the Deputy Director. Administration. Department ofFish and Game. The decision of the State's
ContTact Manager shall be final and conclusive unless h is appealed by the Contractor within the specified pedod.
Pending final decision of dispute hereunder; the Contractor shall proceed with the performance of tbis contract, unless
otherwise directed by the State.
Workers' Compensation Clause
Contractor agrees to the provisions of Section 3700 of the Labor Code which require every employer to be insured
against liability for workers! compensation. or to undertake self~insurance in accordance with such provisions, and
Contractor agrees to comply with such provisions before commencing the perfonnance ofthc: work under this agreement.
Travel nnd Pel" Diem
Contractor agrees that all travel and per diem paid its employees under this contract shall be at rates not to exceed those
amounts paid to the State's represented employees under collective bargaining agreements currently in effect. No travel
outside the S~ate of Califor{'lia shan be reimbursed unless prior written authorization is obtained from the State.
(CCR, Title 2, !j 599.615 et seq.)
Use of Subcontractors
If the contractor desire.., [Q accomplish all or part of rhE services through the use of one or more subcontractors then the
following conditions must be md: 1) the contractor will competitively bid any required subcontracts: 2) the contractor
shall submit any subcontracts to tho State for prior approval; 3) the contract between Ihe primary Contractor and the
subcontractor must be in \widngi 4) the subcontract mU$[ include 5pecific language which establishes the rights of the
auditors of the State to c;(amine the records of the subcontractor rdative to the scrvices and matcrials provided unde~
the contract; and 5) upon tenninatlon of any subcontract, the State shall be notifted immediately in writing. Further. any
subcontract in ex.cess of $10,000 entered into as a result of this agrcemenr shall contain all applicable provisions
slipulared in this agreement.
Audit Clause
Contractor agrees that the awarding department~ the Department of General Services. the Bureau of Scate Audits, or their
designated representative shall have the right to review and to copy any records pertaining to the perfonnance of this
agreement. Contractor agrees to maintain such records for possible audit for a minimum ofthrcc (3) years from the final
payment made by the S[llte, unless a longer pe-dod of records retention is stipulated elsewhere in this agreement.
Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews
of any employees who might re$onably have information related to such records. Fuc(her. Contractor agrees to include
a similar right of the State to audit records and interview of staff in any subcontract related to performance of this
agreement. (GC ~ 8546.7, PCC ~ 10115 et seq., CCR Title 2, ~ lS96.60 et seq.)
ConOid of Interest-Current nnd Former Stnte Employees
Current State Emolovees
No officer or employee shall engag,e in any employment, acrivity, or enterprise from which the office or employee
receives compensation or has a financial inr.erest and which is sponsored or funded by any Slate agency, unless the
employment, activity. or enterprise is required as a condition of ((:gutar State employment. No officer or employee shall
contr3ct on his or her own behalf as .m independent contractor' with any State agency [0 provide goods or su-vlce$_
(PCC !j 10410)
Rev, 3/99
04/12/2002 10:05
85845742'3'3
DFG SOUTH COAST REG
PAGE 15
PE4of4
Agreement No. PO 150008
City of Chula Vista
Page Thineen
Former State EmDloncs
For the two-year period from the date he or she left State employment. no fonner State officer or employee may enter
into an agreement in whic:h he or she engaged in any of the negotiations. transactions, planning, arrangemems. or any
part of the decision-making proe... relevant to the agreement while employed in any capacity by any State agency.
For the twdve-month period from the date he or she left State employment, no former State Officer or employee may
enter into an agreement with any St3itc agency ifhe or she was employed by that State agency in a policy~making position
in the same general subject area as thc proposed contract wilhin [he twelve-month period prior to his or her leaving State
serviee_ (PCC ~ I 0411)
Priorily Hiring Considerations
If this agreement is in excess of $200,000, the Contractor agrees to give priority consideration in fllHng vacancies in
positions funded by the agreement to qualified recipients of aid under Welfare and Institutions Code Section 11200.
(PCC ill0353)
Amendment Clause
This agreement may be amended ;n writing. and not otherwise, as mutually agreed upon by the parties hereto. The
amendment shall be ~ubject to the approval of the: Departmem of General Services, unles~ otherwise exempted.
Termination Clause
The State shall have the rightlo tenninate thi, agre.mcnt at its sole discretion at any time upon giving thirty (30) day,
written notice [0 the Comractor. In case of early tennination, a final payment will be made to the Conrral;lor upon receipt
of a report covering costs incurred up to notice of tennination, based on the portion of work completed_
Rev. 3199
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8584574299
DFG SOUTH COAST REG
PAGE 15
SP8
Agreement No. PO I 50008
City of Chula Vista
Page Fourteen
State of California
The Resources Agency
DEPARTMENT OF FISH AND GAME
SPECIAL PROVISION 8
Progress Payments/Payment Retention Clause
Progress payments arc partial payments of the agreement price and are based on the performance' schedule in the
agreement. For any contact allowing progr"-" payments (0 the Contractor (monthly. quarterly, semi-annually) or other
terms in which the Contractor is paid on a basis other rhon lump sum, each invoice for payment must be accompanied
by a written description. not to e,;.cecd one page in length, of the Contractor's performance undtr this agreement since
the time the previous such report was prepared_ The report should 'describe the types of activities and specific
aocomplishmcnts during the period rather than merely listing the number of hours worked during the reporting period.
Progress payments to ConU'3ctorSi for work performed or costs incurred in the performance of the agreement are allowed.
provided that not less than 10 perccnt of the agreement amount shall be withheld pending satisfactory completion of all
services under the agreement. However, if the agreement consists of thE performance of separate and distinct tasks, men
Qny funds so withheld with regard to a particular task may be paid upon completion of lhat task.
Contractor is required to submit a final invoice for the agreement retention amount.
;' I
Rev, 1/99
RESOLUTION NO. 2002 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING A TWO-PARTY AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND RECON ENVIRONMENTAL
SERVICES TO PERFORM BIOLOGICAL CONSULTING SERVICES
NECESSARY TO COMPLETE THE TASKS OUTLINED IN THE NCCP
GRANT AWARD FROM CALIFORNIA DEPARTMENT OF FISH AND
GAME, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT.
WHEREAS, the City of Chula Vista City Council conditionally adopted the Draft
Multiplc Species Conservation Program (MSCP) Subarea Plan on October 17, 2000; and
WHEREAS, the City of Chula Vista anticipates receiving take authorization from the
U.S. Fish and Wildlife Service (USFWS) and the California Department of Fish and Game
(CDFG) for its MSCP Subarca Plan in December 2002; and
WHEREAS, once the City ofChula Vista receives its take authorization from USFWS
and CDFG, the City would be obligated to complete a baseline biological study and Area
Specific Management Directives for approximately 1,350 acres of habitat preserve land in the
Central City Preserve Management Area; and
WHEREAS, the City of Chula Vista applied for and received a grant award in the amount
of $227,666 though the CDFG's Natural Community Conservation Planning (NCCP) Grant
Program to complete such studies and plans; and
WHEREAS, the City is negotiating with and will likely enter into a contract with the
CDFG to receive the grant award; and
WHEREAS, the City of ChuIa Vista prepared a Request for Proposals (RFP) for the
scope of work provided in the NCCP grant and solicited proposals from 30 environmental
consulting firms; and
WHEREAS, the City of Chula Vista received five proposals and evaluated the proposals
based on specific Selection Criteria contained in the RFP; and
WHEREAS, the Consultant was selected as the most responsive and qualified to perform
the services outlined in the detailed scope of work; and
Whereas, the Consultant services required involves scientific survey which is time-
sensitive, the requirements of which are described as set forth in the attached Exhibit A
("Survey"); and,
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WHEREAS, Consultant warrants and represents that they are experienced and staffed in
a manner such that they are and can prepare and deliver the services required of Consultant to
City within the time frames herein provided all in accordance with the terms and conditions of
this Agrecment; and
WHEREAS, work by Consultant under the City's standard Two-Party Agreement will
commence only aftcr the State has entered into a binding agreement with the City for payment of
the grant award.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve a Two-Party Agreement between the City of Chula Vista and
Consultant to perform biological consulting services necessary to complete the tasks outlined in
the NCCP grant award from CDFG, and authorizes the Mayor to execute said agreement.
Presented by:
Approved as to form:
r?#~~~
John . aheny
City Attorney
Robert A. Leiter
Planning and Building Director
J:\Attorncy\RESO\NCCPGrant Rcso2.2.doc
;:. -
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
1~:JlJIC~
' ohn M. Kaheny
City Attorney
Dated: S- ~ 0 ?-- 0 2.-
City of C.V. and Recon Environmental Services Biological Consulting Services
I,.";
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Parties and Recital Page
Agreement between
City of Chula Vista
and
Recon Environmental, Inc.
for Biological Consulting of Habitat Preserve Land
and Preparation of Area Specific Management Directives
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, the City of Chula Vista City Council conditionally
adopted the Draft Multiple Species Conservation Program (MSCP)
Subarea Plan on October 17, 2000; and
WHEREAS, the City of Chula Vista anticipates receiving take
authorization from the U.S. Fish and wildlife Service (USFWS) and
the California Department of Fish and Game (CDFG) for its MSCP
Subarea Plan in December 2002; and
WHEREAS, once the City of Chula Vista receives its take
authorization from USFWS and CDFG, the City would be obligated to
complete a baseline biological study and Area Specific Management
Directives for approximately 1,350 acres of habitat preserve land
In the Central City Preserve Management Area; and
WHEREAS, the City of Chula Vista applied for and received a
grant award in the amount of $227,666 though the CDFG's Natural
Community Conservation Planning (NCCP) Grant Program to complete
such studies and plans; and
WHEREAS, the City will enter into a contract with the CDFG to
receive the grant award; and
WHEREAS, the City of Chula Vista prepared a Request for
Proposals (RFP) for the scope of work provided in the NCCP grant
and solicited proposals from 30 environmental consulting firms; and
WHEREAS, the City of Chula Vista received five proposals and
H:\PLANNING\MaryL\NCCP050702\NCCPTwoParty.doc
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evaluated the proposals based on specific Selection Criteria
contained in the RFP; and
WHEREAS, the Consultant was selected as the most responsive
and qualified to perform the services outlined in the detailed
scope of work; and
WHEREAS, the Consultant services required involves
scientific survey which is time-sensitive, the requirements of
which are described as set forth in the attached Exhibit A
("Survey"); and,
WHEREAS, Consultant warrants and represents that they are
experienced and staffed in a manner such that they are and can
prepare and deliver the services required of Consultant to City
within the time frames herein provided all in accordance with the
terms and conditions of this Agreement; and
WHEREAS, work by Consultant under the City's standard Two-
Party Agreement will commence only after the State has entered into
a binding agreement with the City for payment of the grant award.
(End of Recitals.
Next Page starts Obligatory Provisions.)
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Obligatory provisions Pages
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant
do hereby mutually agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on
the attached Exhibit A, Paragraph 7, entitled "General Duties";
and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General
Duties", Consultant shall also perform all of the services
described in Exhibit A, Paragraph 8, entitled" Scope of Work and
Schedule", not inconsistent with the General Duties, according
to, and within the time frames set forth in Exhibit A, Paragraph
8, and deliver to City such Deliverables as are identified in
Exhibit A, Paragraph 8, within the time frames set forth therein,
time being of the essence of this agreement. The General Duties
and the work and deliverables required in the Scope of Work and
Schedule shall be herein referred to as the "Defined Services".
Failure to complete the Defined Services by the times indicated
does not, except at the option of the City, operate to terminate
this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant,
from time to time reduce the Defined Services to be performed by
the Consultant under this Agreement. Upon doing so, City and
Consultant agree to meet in good faith and confer for the purpose
of negotiating a corresponding reduction in the compensation
associated with said reduction.
D. Additional Services
In addition to performing the Defined Services herein set
forth, City may require Consultant to perform additional
consulting services related to the Defined Services ("Additional
Services"), and upon doing so in writing, if they are within the
scope of services offered by Consultant, Consultant shall perform
same on a time and materials basis at the rates set forth in the
"Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate
fixed fee is otherwise agreed upon. All compensation for
Additional Services shall be paid monthly as billed.
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E. Standard of Care
Consultant, in performing any Services under this agreement,
whether Defined Services or Additional Services, shall perform in
a manner consistent with that level of care and skill ordinarily
exercised by members of the profession currently practicing under
similar conditions and in similar locations.
F. Insurance
Consultant represents that it and its agents, staff and
subconsultants employed by it in connection with the Services
required to be rendered, are protected against the risk of loss
by the following insurance coverages, in the following categor-
ies, and to the limits specified, policies of which are issued by
Insurance Companies that have a Best's Rating of "A, Class V" or
better, or shall meet with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's
Liability Insurance coverage in the amount set forth in the
attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business
Automobile Insurance coverage in the amount set forth in Exhibit
A, Paragraph 9, combined single limit applied separately to each
project away from premises owned or rented by Consultant, which
names City as an Additional Insured, and which is primary to any
policy which the City may otherwise carry ("Primary Coverage"),
and which treats the employees of the City in the same manner as
members of the general public ("Cross-liability Coverage").
Errors and Omissions insurance, in the amount set forth in
Exhibit A, Paragraph 9, unless Errors and Omissions coverage is
included in the General Liability policy.
G. Proof of Insurance Coverage.
(1) Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein
required, prior to the commencement of services required under
this Agreement, by delivery of Certificates of Insurance
demonstrating same, and further indicating that the policies may
not be canceled without at least thirty (30) days written notice
to the Additional Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured
Coverage, Primary Coverage and Cross-liability Coverage required
under Consultant's Commercial General Liability Insurance Policy,
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Consultant shall deliver a policy endorsement to the City
demonstrating same, which shall be reviewed and approved by the
Risk Manager.
H. Security for Performance.
(1) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide a Performance Bond (indicated
by a check mark in the parenthetical space immediately preceding
the subparagraph entitled "Performance Bond"), then Consultant
shall provide to the City a performance bond by a surety and in a
form and amount satisfactory to the Risk Manager or City Attorney
which amount is indicated in the space adjacent to the term,
"Performance Bond", in said Paragraph 19, Exhibit A.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide a Letter of Credit (indicated
by a check mark in the parenthetical space immediately preceding
the subparagraph entitled "Letter of Credit"), then Consultant
shall provide to the City an irrevocable letter of credit
callable by the City at their unfettered discretion by submitting
to the bank a letter, signed by the City Manager, stating that
the Consultant is in breach of the terms of this Agreement. The
letter of credit shall be issued by a bank, and be in a form and
amount satisfactory to the Risk Manager or City Attorney which
amount is indicated in the space adjacent to the term, "Letter of
Credit", in said Paragraph 19, Exhibit A.
(3) Other Security
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide security other than a
Performance Bond or a Letter of Credit (indicated by a check mark
in the parenthetical space immediately preceding the subparagraph
entitled "Other Security"), then Consultant shall provide to the
City such other security therein listed in a form and amount
satisfactory to the Risk Manager or City Attorney.
I. Business License
Consultant agrees to obtain a business license from the City
and to otherwise complY with Title 5 of the Chula Vista Municipal
Code.
2. Duties of the City
A. Consultation and Cooperation
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City shall regularly consult the Consultant for the purpose
of reviewing the progress of the Defined Services and Schedule
therein contained, and to provide direction and guidance to
achieve the objectives of this agreement. The City shall permit
access to its office facilities, files and records by Consultant
throughout the term of the agreement. In addition thereto, City
agrees to provide the information, data, items and materials set
forth on Exhibit A, Paragraph 10, and with the further
understanding that delay in the provision of these materials
beyond 30 days after authorization to proceed, shall constitute a
basis for the justifiable delay in the Consultant's performance
of this agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant
submitted to the City periodically as indicated in Exhibit A,
Paragraph 18, but in no event more frequently than monthly, on
the day of the period indicated in Exhibit A, Paragraph 18, City
shall compensate Consultant for all services rendered by Consult-
ant according to the terms and conditions set forth in Exhibit A,
Paragraph 11, adjacent to the governing compensation relationship
indicated by a "checkmark" next to the appropriate arrangement,
subject to the requirements for retention set forth in paragraph
19 of Exhibit A, and shall compensate Consultant for out of
pocket expenses as provided in Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain
sufficient information as to the propriety of the billing to
permit the City to evaluate that the amount due and payable
thereunder is proper, and shall specifically contain the City's
account number indicated on Exhibit A, Paragraph 18 (C) to be
charged upon making such payment.
3. Administration of Contract
Each party designates the individuals ("Contract
Administrators") indicated on Exhibit A, Paragraph 13, as said
party's contract administrator who is authorized by said party to
represent them in the routine administration of this agreement.
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 14.
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I
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 per-
formance. The parties have used their judgment to arrive at a
reasonable amount to compensate for delay.
Failure to complete the Defined Services within the allotted
time period specified in this Agreement shall result in the
following penalty: For each consecutive calendar day in excess
of the time specified for the completion of the respective work
assignment or Deliverable, the consultant shall pay to the City,
or have withheld from monies due, the sum of Liquidated Damages
Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages
Rate") .
Time extensions for delays beyond the consultant's control,
other than delays caused by the City, shall be requested in
writing to the City's Contract Administrator, or designee, prior
to the expiration of the specified time. Extensions of time,
when granted, will be based upon the effect of delays to the work
and will not be granted for delays to minor portions of work
unless it can be shown that such delays did or will delay the
progress of the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as
an "FPPC filer", Consultant is deemed to be a "Consultant" for
the purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report economic interests to the
City Clerk on the required Statement of Economic Interests in
such reporting categories as are specified in Paragraph 15 of
Exhibit A, or if none are specified, then as determined by the
City Attorney.
B. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant shall not make, or participate in making or in
any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to
know Consultant has a financial interest other than the
compensation promised by this Agreement.
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant warrants and represents that Consultant has
diligently conducted a search and inventory of Consultant's
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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 which 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, (" Prohibi ted Interest"), other than as listed in
Exhibit A, Paragraph 15.
Consultant further warrants and represents that no promise
of future employment, remuneration, consideration, gratuity or
other reward or gain has been made to Consultant or Consultant
Associates in connection with Consultant's performance of this
Agreement. Consultant promises to advise City of any such
promise that may be made during the Term of this Agreement, or
for 12 months thereafter.
Consultant agrees that Consultant Associates shall not
acquire any such Prohibited Interest within the Term of this
Agreement, or for 12 months after the expiration of this
Agreement, except with the written permission of City.
Consultant may not conduct or solicit any business for any
party to this Agreement, or for any third party which may be in
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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 the conduct of the Consultant, or any agent or
employee, subcontractors, or others in connection with the
execution of the work covered by this Agreement, except only for
those claims arising from the sole negligence or sole willful
misconduct of the 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. Further, Consultant at its
own expense shall, upon written request by the City, defend any
such suit or action brought against the City, its officers,
agents, or employees. Consultants' indemnification of City shall
not be limited by any prior or subsequent declaration by the
Consultant.
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
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is intended to limit City's rights under other provisions of this
agreement.
10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any
reason, by giving specific written notice to Consultant of such
termination and specifying the effective date thereof, at least
thirty (30) days before the effective date of such termination.
In that event, all finished and unfinished documents and other
materials described hereinabove shall, at the option of the City,
become City's sole and exclusive property. If the Agreement is
terminated by City as provided in this paragraph, Consultant
shall be entitled to receive just and equitable compensation for
any satisfactory work completed on such documents and other
materials to the effective date of such termination. Consultant
hereby expressly waives any and all claims for damages or
compensation arising under this Agreement except as set forth
herein.
11. Assignability
The services of Consultant are personal to the City, and
Consultant shall not assign any interest in this Agreement, and
shall not transfer any interest in the same (whether by
assignment or novation), without prior written consent of City.
City hereby consents to the assignment of the portions of the
Defined Services identified in Exhibit A, Paragraph 17 to the
subconsultants identified thereat as "Permitted Subconsultants".
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms,
designs, plans, procedures, systems and any other materials or
properties produced under this Agreement shall be the sole and
exclusive property of City. No such materials or 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
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required under this Agreement. City maintains the right only to
reject or accept Consultant's work products. Consultant and any
of the Consultant's agents, employees or representatives are, for
all purposes under this Agreement, an independent contractor and
shall not be deemed to be an employee of City, and none of them
shall be entitled to any benefits to which City employees are
entitled including but not limited to, overtime, retirement
benefits, worker's compensation benefits, injury leave or other
leave benefits. Therefore, City will not withhold state or
federal income tax, social security tax or any other payroll tax,
and Consultant shall be solely responsible for the payment of
same and shall hold the City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this
agreement, against the City unless a claim has first been
presented in writing and filed with the City and acteq 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.
good
over
Upon request by City, Consultant shall meet and confer in
faith with City for the purpose of resolving any dispute
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.
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17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consult-
ant shall have no authority to act as City's agent to bind City
to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the
Consultant and/or their principals is/are licensed with the State
of California or some other state as a licensed real estate
broker or salesperson. Otherwise, Consultant represents that
neither Consultant, nor their principals are licensed real estate
brokers or salespersons.
C. Notices
All notices, demands or requests provided for or permitted
to be given pursuant to this Agreement must be in writing. All
notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served
or deposited in the United States mail, addressed to such party,
postage prepaid, registered or certified, with return receipt
requested, at the addresses identified herein as the places of
business for each of the designated parties.
D. Entire Agreement
This Agreement, together with any other written document
referred to or contemplated herein, embody the entire Agreement
and understanding between the parties relating to the subject
matter hereof. Neither this Agreement nor any provision hereof
may be amended, modified, waived or discharged except by an
instrument in writing executed by the party against which
enforcement of such amendment, waiver or discharge is sought.
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
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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.l
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Signature Page
to
Agreement between City of Chula Vista and Recon Environmental,
Inc.
for Biological Survey of Habitat Preserve Land
and Preparation of Area Specific Management Directives
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:
, 2002
City of Chula Vista
by:
Shirley Horton, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
John M. Kaheny, City Attorney
Dated:
Recon Environmental, Inc.
By:
Charles S. Bull, President
Exhibit List to Agreement
(x) Exhibit A
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Exhibi t A
to
Agreement between
City of Chula Vista
and
Recon Environmental, Inc.
1. Effective Date of Agreement: Upon approval by the State
Department of Fish and Game and City Manger of Standard
Agreement, Contract Number P0150008.
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 of Chula
Vista, a
() Other:
[insert business form]
, a
("City" )
3. place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant: Recon Environmental, Inc.
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X ) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
1927 Fifth Avenue, Suite 200
San Diego, California 92101
Voice Phone (619) 308-9333
Fax Phone (619) 308-9344
7. General Duties: Consultant shall conduct a baseline
biological study of 1,350 acres of wildlife habitat in the
Central City Preserve Management Area (PMA) , as described in 7.A.
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and create four distinct area-specific management directives
(ASMD) for the PMA to the satisfaction of City's Environmental
Review Coordinator.
A. The four separate areas in the PMA are described as
follows:
Central City 1
Includes habitat preserve east of I-80S, north of East H
Street, and south of Otay Lakes Road and the City boundary
in Bonita.
Central City 2
Includes habitat preserve east
Telegraph Canyon Road, west of Otay
of East H Street.
of I-80S, north of
Lakes Road, and south
Central City 3
Includes habitat preserve
Landfill, west of Otay
Canyon Road.
east of I-80S, north of the Otay
Ranch, and south of Telegraph
Central City 4
Includes habitat preserve east and north of Otay Lakes
Road, west of Rolling Hills Ranch, EastLake Business Park
and EastLake Village Center, and south of the City
Boundary and San Miguel Ranch.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
Task A - Baseline Biological Study for 1,350-acre
Central City Preserve Management Area
I. Survey: Consultant shall conduct a biological survey
of 1,350 acres of habitat preserve land in the Central
City Preserve Management Area during the spring/summer
2002, and as needed and determined by City in
consultation with Consultant, follow-up spring surveys in
2003 for sensitive species and including narrow endemics.
The survey shall include the following tasks:
1. Compile any previously existing baseline biological
studies for the Central City, including but not
limited to:
a. Biological information contained in
environmental documents such as biological
technical studies, EIRs, re-vegetation plans,
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and mitigation monitoring plans prepared by
Consultant and others
b. Mitigation monitoring reports
c. Survey information collected by the U.S.
Geological Survey
d. Maintain all existing biological resources
data and new survey data separated by PMAs
1,2,3 and 4
2. Survey and map vegetation communities.
3. Survey and map extent of exotic plant invasion and
provide list of exotic species present per
area/canyon.
4. Compile a species list by area/canyon. Surveys for
species less affected by the extremely dry weather
of spring 2002 will be conducted. Surveys will be
conducted again in the spring of 2003. Bird lists
will be compiled for spring, fall and winter so
that migratory birds that use the habitat will be
represented in the inventories.
5. Survey for nesting bird species federal survey
protocol must be used where applicable. Focused
surveys according to USFWS protocol will be
conducted for the coastal California gnatcatcher,
the least Bell's vireo, and the southwestern willow
flycatcher.
6. Conduct a sensitive species count per area/canyon.
Sensitive species will be surveyed for, and numbers
estimated during, the spring of 2003.
7. Identify and map predators or signs of predators,
including: skunks, possum, gray fox, coyote, and
bobcats.
8. During the spring survey, identify and map the real
extent of any narrow endemic plant species that may
be detectable. Surveys for narrow endemic plant
species will be conducted at the appropriate time
for their identification. Surveys for annual
species that may not be appropriately represented
this year (2002), because of the dry weather will
be searched for during the blooming period in
spring or summer (in the case of the Otay tarplant)
of 2003.
9. During the spring survey, determine the existing or
potential habitat for narrow endemic species and
return to survey these areas at the appropriate
time of year for detection.
10. Survey and map trespass, vagrant encampments,
dumping, and off-road vehicle use.
11. Survey and map observed road kill areas and
identify potential road kill areas.
12. Survey and map permanently or potentially clogged
culverts within or adjacent to the habitat preserve
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that may prevent wildlife movement.
13. Map desil tation basins and channels as well as
access roads to basins and channels.
II. Draft Report: Consultant shall provide a
preliminary draft biological resources report of the
biological study to the City and the California
Department of Fish and Game for their review and comment
no later than October 31, 2002. Consultant will then
conduct the winter bird surveys and the spring 2003 plant
and wildlife surveys, anticipating more normal spring
conditions. A draft biological resources report will
then be submitted to City and the City and California
Department of Fish and Game (CDFG). (Deli verables No.
1,3) .
III. Final Report:
requested revisions
report and produce
(Deliverable No.5) .
Consul tant shall incorporate
from City and CDFG into the draft
a final wri t ten biological report
Final Report Contents: Consultant shall include all of
the following items in the final report:
1. Abstract
2. Introduction that describes the purpose of the
study
3. Vicinity map
4. Discussion of methods, including:
a. Date and time of site visits (in Appendix)
b. Personnel and qualifications (in Appendix)
c. Weather conditions during the survey (in
Appendix)
d. Map showing the general location of survey
routes
5. Brief written description of the physical
characteristics of the property from a biological
perspective, including:
a. Slope and exposure
b. Topographic characteristics
c. Water resources
d. Soil and rock types
e. Adjacent iand uses
6. Written description of biological resources - Note:
To the extent possible, the report should be
organized based on the four distinct areas which
will be the subject of the Area Specific Management
Directives (ASMDs). This will provide increased
efficiency when developing the ASMDs.
a. Botanical Resources (Flora)
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i. Describe existing vegetation communities
as well as disturbed areas (use the
latest San Diego Regional Holland code
classification system for vegetation
communities)
ii. List the dominant species of each
vegetation community type
iii. Provide acreage of each vegetation
community by area/canyon
iv. Provide acreage and number of individuals
of each narrow endemic plant species by
area/canyon
v. Provide complete listing of all plant
species observed per area/canyon,
including scientific and common names -
indicate which species are not native to
the area (in an appendix) .
vi. Characterize threats to native plant
species from exotic invasive plant
species.
b. Written description of Zoological Resources
(Fauna)
i. Provide a complete listing of all
vertebrate species observed or detected,
including scientific and common names (in
an appendix) .
ll. Identify method used to identify the
species, i.e., direct sighting, scat,
calls, etc.
iii. To the extent possible, indicate the
number and location of individuals
detected or estimated.
iv. Note indications of breeding activity,
such as nests or dens.
v. Discuss invertebrates only if they are
Chula Vista MSCP Covered Species or rare,
threatened, or endangered species.
c. Rare, Threatened, Endangered, Endemic and/or
Sensitive Species or MSCP Covered Species
i. Discuss separately any rarel threatened,
endemic, sensitive, or MSCP Covered
Species.
ii. Discuss the suitability of the habitat in
each area/canyon for each type of species
listed above and the probability of the
property being utilized by said species,
particularly if the survey was done when
the species would not be identifiable.
iii. Discuss the known growth requirements of
said species, including required soil
types, exposure, elevation, availability
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of water, etc. Discussions of sensitive
species in each of the four areas should
concentrate on the numbers or size of the
populations, and their importance or
contribution to the MSCP Subarea.
Summaries about a species listing,
status, life history or other general
reference should be put into an Appendix.
7. GIS maps at a 1" ~ 200' scale, which include the
following information:
a. North Arrow
b. Scale
c. Date
d. Topography at 10-foot intervals ( 10-foot
topography data to be provided by the City to
the subconsultant)
e. Boundary of each habitat preserve area (GIS
habitat preserve boundaries to be provided by
the City to the subconsultant)
f. Boundary and identification of vegetation
communities (Holland categories)
g. MSCP Covered Species (flora) and narrow
endemic species locations by points or
polygons as appropriate
h. MSCP covered vertebrate and invertebrate
species locations by points
Task B - Area-Specific Management Directives
(Deliverables No. 2,4,6,7,8,9,10)
I. Area Specific Management Directives: Consultant
shall create four distinct area-specific management
directives (ASMD) for the 1,350-acre habitat preserve in
the Chula Vista Central City Preserve Management Area
(PMA). The ASMDs shall utilize the baseline biological
study (described above), and address the following:
1. Per City Draft Multiple Species Conservation Plan
(MSCP), include:
a. Litter, materials storage, and illegal
activities
b. Adjacency management issues
c. Public access, trails and recreation
d. Exotic invasives (control and removal)
e. Flood control
f. Any project-specific management requirements
of conditions for coverage as outlined in the
MSCP
2. For each identified species and those species with
a reasonable potential for occurring, describe the
conditions of coverage listed in Table 3-5 of the
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MSCP Subregional Plan.
3. Assessment of existing maintenance, management and
monitoring required as part of mitigation
monitoring programs or open space districts.
4. Other issues of concern, including:
a. Over- irrigation and the potential spread of
non-native species
b. Recommendations for any new fencing
c. Prioritization of need for restoration and
weeding per area/canyon Assessment of
connectivity between habitat patches and
opportunities for enhancement.
d. Frequency and extent of brush management
e. Maintenance frequency of desiltation basins,
drainage channels and their access roads
f. Decommissioning of illegal trails
5. List of compatible uses
6. Monitoring program
II. ASMD Contents: The ASMDs must contain the following:
1. Introduction that describes the ASMD
2. Vicinity map and written description of the
location
3. Baseline biological information
4. Management directives in priority order
5. Annual cost estimate to implement the management
directives
Consultant shall submit an outline for the ASMDs for City
review before preparing the documents. Consultant shall
submit the four ASMDs on the dates set forth herein(see
Deliverable dates in S.C.) so that comments received on
the first one can be applied to the other three.
Consultant shall submit monthly progress reports to City
and CDFG by the first day of each month for the duration
of the Agreement, describing work completed for the
previous month and work anticipated for the upcoming
month. (Deliverable No. 11)
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: Submit 5 bound copies and 1 electronic
copy (Microsoft Word 2000 format) of Preliminary Draft
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Biological Resources Report.
(Due date 10/31/2002)
Deliverable NO.2: Submit 5 bound copies and 1 electronic
copy (Microsoft Word 2000 format) of preliminary Draft
ASMD for Preserve Management Area (PMA) 1. (Due date
2/15/2003)
Deliverable NO.3: Submit 5 bound copies and 1 electronic
copy (Microsoft Word 2000 format) of Draft Biological
Resources Report. (Due date 7/31/2003)
Deliverable No.4: Submit 5 bound copies and 1 electronic
copy (Microsoft Word 2000 format) of Draft ASMD for PMA 1.
(Due date 7/31/2003)
Deliverable NO.5: Submit 5 bound copies and 1 electronic
copy (Microsoft Word 2000 format) of Final Biological
Resources Report. Submit one electronic copy to be given
to California Department of Fish & Game, with the
electronic file compatible with ArcView version 3.X, and
include all associated metadata. (Due date 9/27/2003)
Deliverable NO.6: Submit 5 bound copies and 1 electronic
copy (Microsoft Word 2000 format) of Draft ASMD for PMA 2.
(Due date 9/27/2003)
Deliverable NO.7: Submit 5 bound copies and 1 electronic
copy (Microsoft Word 2000 format) of Final ASMD for PMA 1.
Submit one electronic copy to be given to California
Department of Fish & Game, with the electronic file
compatible with Arcview version 3.X, and include all
associated metadata. (Due date 10/15/2003)
Del i verable NO.8:
electronic copy each
ASMDs for PMAs 3 and
Submi t 5 bound copies each and 1
(Microsoft Word 2000 format) of Draft
4. (Due date 10/31/2003)
Deliverable No.9: Submit 5 bound copies and 1 electronic
copy (Microsoft Word 2000 format) of Final ASMD for PMA 2.
Submit one electronic copy to be given to California
Department of Fish & Game, with the electronic file
compatible with ArcView version 3.X, and include all
associated metadata. (Due date 11/29/2003)
Deliverable No. 10: Submit 5 bound copies each and 1
electronic copy each (Microsoft Word 2000 format) of Final
ASMDs for PMAs 3 and 4. Submit one electronic copy of each
to be given to California Department of Fish & Game, with
the electronic file compatible with ArcView version 3.X,
and include all associated metadata. (Due date
12/27/2003)
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Deliverable No. 11: For each month for the duration of
this agreement, submit 1 bound copy of monthly progress
report. (Due first of each month)
D. Date for completion of all Consultant services:
February 28, 2004
9. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
() Employer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
() Errors and Omissions insurance: None Required
(included in Commercial General Liability coverage) .
(X) Errors and Omissions Insurance: $250,000 (not included
in Commercial General Liability coverage) .
10. Materials Required to be Supplied by City to Consultant:
Map of the Central City Preserve Management Area
Draft MSCP Subarea Plan
11. 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 which 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
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forth in Paragraph 19 is to be applied to each
interim payment such that, at the end of the
phase, the full retention has been held back from
the compensation due for that phase. Percentage
of completion of a phase shall be assessed in the
sole and unfettered discretion by the Contracts
Administrator designated herein by the City, or
such other person as the City Manager shall
designate, but only upon such proof demanded by
the City that has been provided, but in no event
shall such interim advance payment be made unless
the Contractor shall have represented in writing
that said percentage of completion of the phase
has been performed by the Contractor. The
practice of making interim monthly advances shall
not convert this agreement to a time and materials
basis of payment.
B.
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
City shall have issued a notice to proceed to Consultant as to
said Phase.
Phase
Fee for Said Phase
1.
$
2.
$
3.
$
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 which 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
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interim payment such that, at the end of the
phase, the full retention has been held back from
the compensation due for that phase. Percentage
of completion of a phase shall be assessed in the
sole and unfettered discretion by the Contracts
Administrator designated herein by the City, or
such other person as the City Manager shall
designate, but only upon such proof demanded by
the City that has been provided, but in no event
shall such interim advance payment be made unless
the Contractor shall have represented in writing
that said percentage of completion of the phase
has been performed by the Contractor. The
practice of making interim monthly advances shall
not convert this agreement to a time and materials
basis of payment.
C. (X) 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
hereinbelow according to the following terms and conditions:
(1) (X) 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 $ 227,666 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 writing and approved by the
City. Nothing herein shall preclude Consultant from
providing additional Services at Consultant's own cost
and expense.
CONSULTANT COST TASK BREAKDOWN/RATE SCHEDULE
TASK A - BASELINE BIOLOGICAL STUDY
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Personnel Services
Senior (563 hours @ $99/hr)
Research Assistant (472 hrs @ $50/hr)
Associate (247 hrs @ $87/hr)
Principal (19 hrs @ $127/hr)
GIS Specialist (90 hrs @ $52/hr)
$55,737
$23,600
$21,489
$2,413
$4,680
Subtotal - Personnel Services
Copying/Production Costs
$109,721
$854
TOTAL TASK A
$110,575
TASK B - AREA SPECIFIC MANAGEMENT DIRECTIVES
Personnel Services
Senior (241 hrs @ $99/hr)
Associate (677 hrs @ $87/hr)
Principal (97 hrs @ $127/hr)
GIS Specialist (232 hrs @ $52/hr)
Production Supervisor(150 hrs@$53/hr)
$23,859
$58,899
$12,319
$12,064
$7,950
Subtotal - Personnel Services
Copying/Production Costs
$115,091
$2,000
TOTAL TASK B
$117,091
CONTRACT TOTAL
$227,666
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12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by
Consultant in the performance of services herein required, City
shall pay Consultant at the rates or amounts set forth below:
() None, the compensation includes all costs.
Cost
() Reports, not to exceed $
(X) Copies, not to exceed $ 2854 - as set forth above
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 $
13. Contract Administrators:
City: Mary Ladiana, Environmental Project Manager, Planning
& Building Department, 276 Fourth Avenue, Chula Vista, CA 91910,
(619) 409-5432, Email: mladiana@ci.chula-vista.ca.us.
Consultant: Charles Bull, President, Recon Environmental,
Inc., 1927 Fifth Avenue, Suite 200, San Diego, CA 92101, (619)
308-9333
14. Liquidated Damages Rate:
$ per day.
Other:
15. Statement of Economic Interests, Consultant Reporting
Categories, per Conflict of Interest Code:
(X
Not Applicable.
Not an FPPC Filer.
FPPC Filer
Category No.1.
income.
Investments and sources of
Category NO.2.
Interests in real property.
Category No.3. Investments, interest in real
property and sources of income subject to the
H,\PLANNING\MaryL\NCCP050702\NCCPTwoParty.doc
Page 27
I,;
. I
regulatory, permit or licensing authority of the
department.
Category No.4. Investments in business entities
and sources of income which 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.
( I List .Consultant Associates. interests in real
property within 2 radial miles of Project Property, if any:
16. ) Consultant is Real Estate Broker and/or Salesman
17. Permitted Subconsultants:
None.
18. Bill Processing:
A. Consultant's Billing to be submitted for the following
period of time:
(xl Monthly
( I Quarterly
( ) Other:
B. Day of the Period for submission of Consultant's
Billing: (X ) First of the Month
H:\PLANNING\MaryL\NCCP050702\NCCPTwoParty.doc
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~
15th Day of each Month
End of the Month
Other:
C. City's Account Number:
19. 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 to the
satisfaction of the City, including
completion of all deliverables.
Other:
20. Audit Clause
Consultant hereby agrees that the State of California shall
have the right to review and to copy any records pertaining to
the performance of this agreement. Consultant further agrees
to maintain all records relating to this agreement for
possible audit by the State for a minimum of three years from
the date of final payment under this agreement. Consultant
further agrees to allow auditors from both the State and the
City access to such records during normal business hours and
to allow interviews of any employees who might reasonably have
information relating to such records.
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I j
-
COUNCIL AGENDA STATEMENT
Item No: I-E
Meeting Date: 05/07/02
ITEM TITLE:
Resolution of the City Council of the City of Chula Vista
approving a fifth amendment to an agreement between The City of Chula
Vista and MNA Consulting for land use consulting services related to
preparation of the final Draft MSCP Subarea Plan, Implementing
Ordinances and Implementing Agreement, and authorizing the Mayor to
execute amendment to said agreement.
Resolution of the City Council of the City of Chula Vista
approving a first amendment to the agreement between the City of Chula
Vista and Dudek and Associates, Inc. for environmental consulting
services for preparation and submittal of environmental documents
related to the final Draft MSCP Subarea Plan, and authorizing the Mayor
to execute amendment to said agreement.
SUBMITTED BY: Director of Planning and BUildin~l
REVIEWED BY: City Manager ~~'\2,; (4/5ths Vote: Yes_ No X)
Over the last several years, the City has been working on the preparation of a Multiple Species
Conservation Program (MSCP) Subarea Plan and associated implementing ordinances in order
to receive Incidental Take Authorization from the Wildlife Agencies. The Take Authorization
would provide for the conservation of at least 86 different sensitive plant and animal species
while allowing development within the City to continue. Subsequent to the City Council's
adoption of the draft MSCP Subarea Plan in October 2000, environmental conditions changed
which prompted the City to provide further revisions to the Draft MSCP Subarea Plan.
The item before the City Council is a request for the City Council to approve a fifth
amendment to the existing contract with MNA Consulting, for an amount not to exceed
$81,000 for consulting services to include preparation of a final Draft MSCP Subarea Plan
(with an additional $8,100 for additional services should they be determined to be necessary).
An amendment to the existing agreement with Dudek and Associates, Inc. is also requested to
complete the Environmental Impact Report/Environmental Assessment (EIR/EA) for the Draft
MSCP Subarea Plan for an amount not to exceed $41,100 (with an additional $10,275 for
additional environmental services related to the MSCP should they be determined to be
necessary by the City's Environmental Review Coordinator).
/3""/
Page 2, Item No.:
Meeting Date:
IJ
05/07/02
RECOMMENDATION:
1. That the City Council adopt the Resolution of the City Council of the City of Chula
Vista approving a fifth amendment to an agreement between the City of Chula Vista
and MNA Consulting for land use consulting services related to the final Draft MSCP
Subarea Plan, Implementing Ordinances and Implementing Agreement, and authorizing
the Mayor to execute amendment to said agreement.
2. That the City Council adopt the Resolution of the City Council of the City of Chula
Vista approving an amendment to the agreement between the City of Chula Vista and
Dudek and Associates, Inc. for consulting services for preparation of environmental
documents associated with the final Draft MSCP Subarea Plan, and authorizing the
Mayor to execute amendment to said agreement.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
Background
The Multiple Species Conservation Program is a comprehensive, long-term habitat
conservation plan developed to address the needs of multiple species and the preservation of
natural vegetation communities in south San Diego County. The MSCP Subregional Plan was
adopted by the City of San Diego and County of San Diego in 1997. The Plan addresses the
potential impacts of urban growth, natural habitat loss and species endangerment, and creates a
plan to mitigate for the potential loss of "Covered Species" and their habitat due to the direct
impacts of future development of both public and private lands within the MSCP study area.
Participating jurisdictions prepare Subarea Plans to demonstrate how the MSCP Subregional
Plan goals and policies are implemented within individual jurisdictions.
On October 17, 2000 City Council adopted the City's Draft MSCP Subarea Plan. Subsequent
to the City Council conditional approval of the Subarea Plan, environmental conditions
changed which prompted the City to make further changes to the Draft MSCP Subarea Plan.
As a result, from October 2000 through the present, staff and consultants have accomplished
the following major tasks:
. Initiated preparation of three administrative MSCP implementing ordinances;
. Prepared a Habitat Conservation Plan (HCP) for the Quino Checkerspot Butterfly, and
based on the HCP, successfully negotiated with the Wildlife Agencies to add coverage
for the Quino Checkerspot Butterfly (a species not originally covered by the MSCP
Subregional Plan);
. Worked with the Wildlife Agencies to resolve issues pertaining to changed
circumstances, critical habitat, and wetlands; and
/3-2.
Page 3, Item No.:
Meeting Date:
/3
05/07/02
. Developed with the Wildlife Agencies and the Rolling Hills Ranch and Bella Lago
property owners hard-line preserve boundaries for those projects, thus qualifying those
projects as "covered" under the City's Subarea Plan which provides permit
streamlining through the federal and state review process.
The continuing services of MNA Consulting are needed to prepare a final Draft MSCP
Subarea Plan, incorporating the changes described above, and prepare final draft MSCP
implementing ordinances and Implementing Agreement for consideration by the City Council.
These documents would also be included in the City's Incidental Take Permit application to be
submitted to the Wildlife Agencies for publication in the Federal Register. The submittal to the
Wildlife Agencies is anticipated for the first week of June 2002.
As a result of the revisions to the Subarea Plan and environmental changes that have occurred
since adoption of the Draft MSCP Subarea Plan by the City Council in October 2000,
additional environmental documentation was determined to be necessary. Dudek and
Associates, Inc. was retained by the City in February 2002 to begin preparation of the draft
EIR/EA for the MSCP Subarea Plan. An amendment to the original agreement is now
requested to complete the environmental review process for the tinal Draft MSCP Subarea
Plan.
The contracts before the City Council would allow completion of the final Draft MSCP
Subarea Plan and associated implementing documents, and completion of MSCP related
environmental documents.
Consultant Services
1. MNA Consulting
In April 1999, the City Council entered into a contract with MNA Consulting for the
purpose of preparing a draft MSCP Subarea Plan and associated implementing documents.
The original contract (Attachment 1) was for $127,000 and was funded by developer
deposits. There were four amendments thereafter for additional land use consulting services
related to the preparation of the Draft MSCP Subarea Plan. The amendments, which totaled
$492,985, were funded from the available fund balance of the City of Chula Vista General
Fund, the majority of which has either been or will be reimbursed by the developers.
The fifth amendment is related to the original contract in that it will result in a final Draft
MSCP Subarea Plan that incorporates the information generated as part of the prior
contract amendments. The City of Chula Vista has determined that the scope of work for
completion of the City's MSCP has expanded and additional tasks have been identified to
complete the final Draft MSCP Subarea Plan. The City now desires the continued
assistance of MNA Consulting to complete and process the final Draft MSCP Subarea
Plan, three final draft MSCP implementation ordinances and the final draft Implementing
13-3
Page 4, Item No.:
Meeting Date:
/;).,
05/07/02
Agreement. In addition, MNA Consulting would facilitate the process through issuance of
the Take Authorization from the Wildlife Agencies.
2. Dudek and Associates, Inc.
In February 2001, City staff began work to add coverage for the Quino Checkerspot
Butterfly into the draft MSCP Subarea Plan prior to the Subarea Plan and associated
implementing documents being published in the Federal Register. The final Draft MSCP
Subarea Plan will incorporate coverage for the Quino Checkerspot Butterfly, as well as
address other issues raised by the Wildlife Agencies at a two-day MSCP Summit held in
July 2001. As a result, the final Draft MSCP Subarea Plan will include information that
was not previously analyzed in either the MSCP's Final EIR/EIS, nor the Addendum to the
MSCP Final EIR/EIS prepared for the Draft MSCP Subarea Plan, dated September 2000.
Therefore, further environmental documentation of the MSCP Subarea Plan was
determined to be necessary.
In February 2002, the City entered into an agreement with Dudek and Associates, Inc. to
prepare a preliminary screencheck EIR/EA for the MSCP Subarea Plan. As stated in the
2/12/02 Council Agenda Statement for the original agreement, amendments to the
agreement to complete the environmental documentation were anticipated once the Wildlife
Agencies reviewed the administrative Draft MSCP Subarea Plan. Now that the Wildlife
Agencies have completed their preliminary review, the City is now prepared to complete
the environmental document based on the final Draft MSCP Subarea Plan.
The total fees paid to Dudek and Associates, Inc., during the current fiscal year, for
environmental consulting services, primarily associated with the Salt Creek Sewer project
and the Traffic Capacity Enhancements projects, are approximately $131,215. Dudek and
Associates, Inc has also been selected to complete the EIR for the Midbayfront project,
which has an estimated contract amount of $194,325.
Scope of work
The detailed scope of work for both MNA Consulting and Dudek and Associates, Inc. is set
forth in Attachments 2 and 4.
FISCAL IMPACT:
1. MNA Consulting
Developer reimbursements will fund the majority of the $81,000 (with a additional $8,100
for additional services should they be determined to be necessary) currently proposed for
approval. The City would pay its proportionate share (approximately $10,000) for the
University site, which the City is currently in the process of acquiring. Including the fifth
amendment to the MNA Consulting contract, the total fiscal impact for MNA Consulting's
;:3-4
Page 5, Item No.: /3
Meeting Date: 05/07/02
work on the MSCP is $700,895. Expenditure authority for this contract amendment is
included in the Planning & Building FY 01-03 Budget.
2. Dudek and Associates, Inc.
Developer reimbursements will fund the majority of the $41,100 (with an additional
$10,275 for additional services should they be necessary) currently proposed for approval
with the City paying its proportionate share (approximately $5,100) for the University site.
Expenditure authority for this contract amendment is included in the Planning and Building
Department FY 01-03 operating Budget.
Attaclunents
1. Original Contract with MNA Consulting, dated April 1999, and as amended through First, Second,
Third and Fourth Amendment.
2. Fifth Amendment to the Agreement between City of Chula Vista and MNA Consulting, a California
Corporation.
3. Original Two-Party Agreement between the City of Chula Vista and Dudek and Associates, Inc.
Related to Environmental Services for the Chula Vista Multiple Species Conservation Program
Subarea Plan
H:\PLANNING\MaryL\Agenda Statement 050702.2.doc
1:3 -!;;
Agreement
between
City of Chula Vista
and
MNA Consulting
/1 TTItGt. 1.,4
,..
for Consulting Services Related to the
Multiple Species Conservation Program (MSCP) Subarea Plan
This Consulting Services Agreement ("Agreement"), dated April
13, 1999 for the purposes of reference only, and effective as of
the date last executed unless another date 1S 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, the City Council agrees to waive the formal bid
process for the selection of consulting services, as defined in
Section 2.56.070 of the Municipal Code, citing that it was
impractical to conduct a formal bid process for the selection of
consul ting services where a unique understanding and expertise
linked to prior consulting work on issues related to the siting of
a university on Otay Ranch and habitat conservation planning in
other jurisdictions;
Whereas, Consultant shall assist the City in completing
successful negotiations with the State and Federal Wildlife
Agencies on a Multiple Species Conservation Plan for the City; and,
Whereas, Consultant warrants and represents that they are
experienced and staffed in a manner such that they are and can
prepare and deliver the services required of Consultant to City
within the time frames herein provided all in accordance with the
terms and conditions of this Agreement;
(End of Recitals. Next Page starts Obligatory Provisions.)
h:\Shared\planning\duane\mnacnt-l.agr
April 13, 1939
Page 1
"r:'
Obligatory Provisions Pages
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do
hereby mutually agree as follows:
1. Consultant.' s Duties
..
.
A. General Duties
Consultant shall perform all of the services described on the
attached Exhibit A, Paragraph 7, entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General
Duties", Consultant shall also perform all of the services
described in Exhibit A, Paragraph 8, entitled" Scope of Work and
Schedule", not inconsistent with the General Duties, according to,
and within the time frames set forth in Exhibit A, Paragraph 8, and
deliver to City such Deliverables as are identified in Exhibit A,
Paragraph 8, within the time frames set forth therein, time being
of the essence of this agreement. The General Duties and the work
and deliverables required in the Scope of Work and Schedule shall
be herein referred to as the "Defined Services". Failure to
complete the Defined Services by the times indicated does. not,
except at the option of the City, operate to terminate this
JI.greement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from
time to time reduce the Defined Services to be performed by the
Consultant under this Agreement. Upon doing so, City and
Consultant agree to meet in good faith and confer for the purpose
of negotiating a corresponding reduction in the compensation
associated with said reduction.
D. Additional Services
In addition to performing the Defined Services herein set
forth, City may require Consultant to perform additional consulting
services related to the Defined Services ("Additional Services"),
and upon doing so in writing, if they are within the scope of
services offered by Consultant, Consultant shall perform same on a
time and materials basis at the rates set forth in the "Rate
Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed
h:\shared\planning\duane\mnacnt-l.agr
P,pril 13, 1999
Page 2
f;:' /
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 Servides~ shall perform in
a manner consistent with that level of care and skill ordinarily
exercised by members of the profession currently practicing under
similar conditions and in similar locations.
F. Insurance
Consul tant represents that it and its agents, staff and
subconsul tants employed by it in connection with the Services
required to be rendered, are protected against the risk of loss by
the following insurance coverages, in the following categories, and
to the limits specified, policies of which are issued by Insurance
Companies that have a Best's Rating of "A, Class V" or better, or
shall meet with the approval of the City:
Statutory Worker's Compensation
Liability Insurance coverage in the
attached Exhibit A, Paragraph 9.
Insur.ance
amount set
and Employer's
forth in the
Commercial General Liability Insurance including Business
Automobile Insurance coverage in the amount set forth in Exhibit A,
Paragraph 9, combined single limit applied separately to each
project away from premises owned or rented by Consultant, which
names City and Applicant as an Addi tional Insured, and which is
primary to any policy which the City may otherwise carry ("Primary
Coverage"), and which treats the employees of the City and
Applicant In the same manner as members of the general public
("CrOSS-liability Coverage") .
Errors and Omissions insurance, in the amount set forth in
Exhibit A, Paragraph 9, .unless Errors and Omissions coverage is
included in the General Liability policy.
G. Proof of Insurance Coverage.
(1) Certificates of Insurance.
Consul tant shall demonstrate proof of coverage herein
required, prior to the commencement of services required under this
Agreement, by delivery of Certificates of Insurance demonstrating
h:\shared\planning\duane\mnacnt_1.agr
April 13, 1999
Page 3
~-
same, and further indicating that the policies may not be canceled
without at least thirty (30) days written notice to the Additional
Insured. .
--""
,
(2) Policy Endorsements Required.
,
In order to demonstrate the Additional~Insured Coverage,
Primary Coverage and Cross-liability Coverage required under
Consultant's Commercial General Liability Insurance Policy,
Consultant shall deliver a policy endorsement to the City
demonstrating same, which shall be reviewed and approved by the
Risk Manager.
H. Securitv for Performance.
(1) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide a Performance Bond (indicated by
a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Performance Bond"), then Consultant shall
provide to the City a performance bond by a surety and in a form
and amount satisfactory to the Risk Manager or City Attorney which
amount is indicated in the space adjacent to the term, "Performance
Bond", in said Paragraph 19, Exhibit A.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide a Letter of Credit (indicated by
a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Letter of Credit"), then Consultant shall
provide to the City an irrevocable letter of credit callable by the
City at their unfettered discretion by submitting to the bank a
letter, signed by the City Manager, stating that the Consultant is
in breach of the terms of this Agreement. The letter of credit
shall be issued by a bank, and be in a form and amount satisfactory
to the Risk Manager or City Attorney which amount is indicated in
the space adj acent to the term, "Letter of Credit", in said
Paragraph 19, Exhibit A.
(3) Other Security
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide security other than a
Performance Bond or a Letter of Credit (indicated by a check mark
h:\shared\planning\duane\rnnacnt-l.agr
.l\pril 13, 1999
Page 4
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.
I. Business Licens~
Consultant agrees to obtain a business license from the City
and to otherwise comply with Title 5 of the Chula Vista Municipal
Code.
'*
'2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of
reviewing the progress of the Defined Services and Schedule therein
contained, and to provide direction and guidance to achieve the
objectives of this agreement. The City shall permit access to its
office facilities, files and records by Consultant throughout the
term of the agreement. In addition thereto, City agrees to provide
the information, data, items and materials set forth on Exhibit A,
Paragraph 10, and with the further understanding that delay in the
provision of these materials beyond 30 days after authorization to
proceed, shall constitute a basis for the justifiable delay in the
Consultant's performance of this agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant
submitted to the City periodically as indicated in Exhibit A,
Paragraph 18, but in no event more frequently than monthly, on the
day of the period indicated in Exhibit A, Paragraph 18, City shall
compensate Consultant for all services rendered by Consultant
according to the terms and conditions set forth in Exhibit A,
Paragraph II, adjacent to the governing compensation relationship
indicated by a "checkmark" next to the appropriate arrangement,
subject to the requirements for retention set forth in paragraph 19
of Exhibit A, and shall compensate Consultant for out of pocket
expenses as provided in Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain sufficient
information as to the propriety of the billing to permit the City
to evaluate that the amount due and payable thereunder is proper,
and shall specifically contain the City's account number indicated
on Exhibit A, Paragraph 18 (Cl to be charged upon making such
h:\shared\planning\duane\mnacnt_l.agr
April 13, 1999
Page 5
payment.
3. Administration of Contract
Each party designates the individuals ("Contract
Administrators") indicated on Exhibit A, Para'1raph 13, 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 14.
It is acknowledged by both parties that time is of the essence
in the completion of this Agreement. It is difficult to estimate
the amount of damages resulting from delay in performance. The
parties have used their judgment to arrive at a reasonable amount
to compensate for delay.
Failure to complete the Defined Services within the allotted
time period specified in this .,^greement shall result in the
following penalty: For each consecutive calendar day in excess of
the time specified for the completion of the respective work
assignment or Deliverable, the consultant shall pay to the City, or
have withheld from monies due, the sum of Liquidated Damages Rate
provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate").
Time extensions for delays beyond the consultant's control,
other than delays caused by the City, shall be requested in writing
to the City's Contract Administrator, or designee, prior to the
expiration of the specified time. Extensions of time, when
granted, will be based upon the effect of delays to the work and
will not be granted for delays to minor portions of work unless it
can be shown that such delays did or will delay the progress of the
work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
h:\shared\planning\duane\mnacnt-l.agr
April 13, 1999
Page 6
If Consultant is designated on Exhibit A, Paragraph 15, as an
"FPPC filer", Consultant is deemed to be a "Consultant" for the
purposes of the Political. Reform Act conflict of interest and
disclosure provisions, and shall report economic interests to the
City Clerk on the required Statement of Economic Interests in such
reporting categories as are specified in Paragraph 15 of. Exhibit A,
or if none are specified, then as determined by ~he City Attorney.
B. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant shall not make, or participate in making or in
any way attempt to use Consultant's position to. influence a
governmental decision in which Consultant knows or has reason to
know Consultant has a financial interest other than the
compensation promised by this Agreement.
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant warrants and represents that Consultant has
diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations
promulgated by the Fair Political Practices Commission, and has
determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with
Consultant's duties under this agreement.
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will not acquire, obtain, or assume an economic 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 which 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.
h:\shared\planning\duane\mnacnt-l.agr
April 13, 1999
Page 7
.1.,/
Consultant warrants and represents that neither Consultant,
nor Consultant's immediate family members, nor Consultant's
employees or agents ("Cons~ltant Associates") presently have any
interest, directly or indirectly, whatsoever in any property which
may be the subj ect matter of the Defined Services, or in any
property within. 2 radial miles from the exter~or boundaries of any
property which may be the subject matter of the~efined Services,
("Prohibited Interest"), other than as listed in Exhibit A
,
Paragraph 15.
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 Consult~nt Associates
in connection with Consultant's performance of this Agreement.
Consultant promises to advise City of any such promise that may be
made during the Term of this Agreement, or for 12 months
thereafter.
Consultant agrees that Consultant Associates shall not acquire
any such Prohibited Interest within the Term of this Agreement, or
for 12 months after the expiration of this Agreement, except with
the written permission of City.
Consultant may not conduct or solicit any business for any
party to this Agreement, or for any third party which 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 the
conduct of the Consultant, or any agent or employee, subcontrac-
tors, or others in connection wi th the execution of the work
covered by this Agreement, except only for those claims arising
from the sole negligence or sole willful misconduct of the City,
its officers, or employees. Consultant's indemnification shall in-
clude any and all costs, expenses, attorneys' fees and liability
incurred by the City, its officers, agents, or employees in defend-
ing against such claims, whether the same proceed to judgment or
not. Further, Consultant at its own expense shall, upon written
request by the City, defend any such suit or action brought against
the City, its officers, agents, or employees. Consultants'
indemnification of City shall not be limited by any prior or
h:\shared\planning\duane\mnacnt-l.agr
April 13, 1999
Page 8
I-
subsequent declaration by the Consultant.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a
timely and proper manner Consultant's obltgations under this
Agreement, or if Consultant shall violate any af 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 ot~er 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
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 enti tIed to receive just and equitable compensation for any
satisfactory work completed on such documents and other materials
to the effective date of such termination. Consulta;lt hereby
expressly waives any and all claims for damages or compensation
arising under this Agreement except as set forth herein.
h:\shared\planning\duane\mnacnt_1.agr
April 13, 1999
Page 9
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11_ Assignability
The services of Consultant are personal to the City, and
Consultant shall not assign any interest in this Agreement, and
shall not transfer any interest in the same (whether by assignment
or novation), without prior written consent of,Ci~y. City hereby
consents to the assigrunent of the portions of the Defined Services
identified in Exhibit A, Paragraph 17 to the subconsultants
identified thereat as "Permitted Subconsultants".
12. Ownership, Publication, Beproduction 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
exclusi ve 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. Ci ty 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 rej ect 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
h:\shared\planning\duane\mnacnt-1.agr
April 13, 1999
Page 10
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 a~d 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
Ii tigation, it is agreed that the prevailing party shall be
entitled to a judgement against the other for an amount equal to
reasonable attorney's fees and court costs incurred. The
uprevailing 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 16 is marked, the
Consultant and/or their principals is/are licensed with the State
of California or some other state as a licensed real estate broker
or salesperson. Otherwise, Consultant represents tha t neither
Consultant, nor their principals are licensed real estate brokers
h:\shared\planning\duane\mnacnt-1.agr
April 13, 1999
Page 11
i
~,
or salespersons.
C. Notices
All not.ices, demands or requests provided for or permitted to
be given pursuant to this Agreement must J:;>e in writing. All
notices, demands and requests to be sent to a~y 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 receip~
requested, at the addresses identified herein as the places of
business for each of the designated parties.
D. Entire Agreement
This Agreement, together with any other written document
referred to or contemplated herein, embody the entire Agreement and
understanding between the parties relating to the subject matter
hereof. Neither this Agreement nor any provision hereof may be
amended, modified, waived or discharged except by an instrument in
writing executed by the party against which enforcement of such
amendment, waiver or discharge is sought.
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.]
h:\shared\planning\duane\mnacnt-1.agr
Ap::-il 13, 1999
Page 12
i /'
Signature Page
to
Agreement between City of Chula Vista and MNA Consulting
for Consulting Services Related to MSCP Subarea Plan
~
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:~f"A'/~ /1', 191:9
City of Chula Vista
!lvtz;v
Attest:
/{u!u~~~
Susan Bigelow, City lerk
Approved as to form:
~~mn<:~~
Johnv . Kaheny, City Attorney
Dated: -4)/3-1 <1 q
MNA CONSULTING
Dba of McKinley Nielsen
Associates, Inc.
B
an
B
Exhibit List to Agreement
President
(X) Exhibit A.
h:\shared\planning\duane\mnacnt-l.agr
April 13, 1999
Page 13
('
,./ .
Exhibit A
to
Agreement between
City of Chula Vista
and
MNA Consulting
...
.
1. Effective Date of Agreement:
April 13. 1999
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 of Chula
Vista, a
() Other:
("Ci ty")
3. Place of Business for Ci ty:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
Consultant:
MNA Consulting
5. Business Form of Consultant:
Sole Proprietorship
Partnership
IX Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
427 "~en Street, Suite 308
h:\shared\planning\duane\mnacnt_l.agr
l\pril 13, 1999
Page 14
('"'
I
~-
San Diego, California 92101
Voice Phone (619) 239-9877
Fax Phone (619) 239-9878
7. General Duties: Consultant shall prepare a revised draft MSCP
Subarea Plan and participate in negotiations with both property
owners and the Wildlife Agencies to resolv~ the final MSCP
boundaries and related issues. Consultant shall coordinate the
completion of an Implementing Agreement for the MSCP Subarea Plan.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
Consultant shall provide policy advice and work with the City
to achieve the City's objectives in developing an MSCP program
that will be acceptable to both the City and to State and
Federal agencies.
Consultant shall represent the City in all negotiations with
the California Department of Fish and Game and the u.S. Fish
and Wildlife Services.
Consultant shall assist the City in reviewing planning options
and developing both planning and negotiation strategies.
Consultant shall prepare a revised draft Subarea Plan for
review by the City and Agencies and shall work with the City
to develop acceptance from the Agencies for the document.
Consultant shall coordinate processing of the final Subarea
Plan through the City. Coordination shall include the
follo'wing:
Oversight for preparation of appropriate environmental
review documents (to be prepared by City staff);
Coordination with City staff and outside Counsel in
preparation of appropriate and necessary environmental
review documents;
Coordination with City attorney and outside counsel in
preparation of Implementing Agreement and negotiation
with Wildlife Agencies; and
Attendance at all City hearings.
h:\shared\planning\duane\mnacnt-1.agr
April 13, 1999
Page 15
/
Consultant shall coordinate all work
subconsultants listed in Paragraph 17 below.
provided
by
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agre~men.t
( ) Other:
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No.1: See Exhibit B for timeframe of
deliverables
Deliverable No.2:
Deliverable No.3:
D. Date for completion of all Consultant services:
October 31, 1999
9. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
(X) Employer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
() Errors and Omissions insurance: None Required (included
in Commercial General Liability coverage) .
Errors and Omissions Insurance: $250,000 (not included
in Commercial General Liability coverage) .
10. Materials Required to be Supplied by City to Consultant:
City shall provide Consultant with a variety of background
material pertaining to the MSCP processing, including the City's
Draft MSCP Subarea Plan.
11. 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
h:\shared\planning\duane\mnacnt-l.agr
April 13, 1999
Page 16
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.......
amounts and at the times or milestones or for the Deliverables set
forth below:
Single Fixed Fee Amount:
follows:
,
payable as
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 compensa~ion for that phase has
been paid. Any payments made hereunder shall be
considered as interest free loans which must be
returned to the City if the Phase is not
satisfactorily completed. If the Phase is
satisfactorily completed, the City shall receive
credit against the compensation due for that phase.
The retention amount or percentage set forth in
Paragraph 19 is to be applied to each interim
payment such that, at the end of the phase, the
full retention has been held back from the
compensation due for that phase. Percentage of
completion of a phase shall be assessed in the sole
and unfettered discretion by the Contracts
Administra tor designated herein by the City, or
such other person as the City Manager shall
designate, but only upon such proof demanded by the
City that has been provided, but in no event shall
such interim advance payment be made unless the
Contractor shall have represented in writing that
said percentage of completion of the phase has been
performed by the Contractor. The practice of
making interim monthly advances shall not convert
this agreement to a time and materials basis of
payment.
B.
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 Oeliverables set
forth . Consultant shall not commence Services under any Phase, and
shall not be entitled to the compensation for a Phase, unless City
h:\shared\planning\duane\mnacnt-1.agr
April 13, 1999
Page 17
L
shall have issued a notice to proceed to Consultant as to said
Phase.
Phase
Fee for Said Phase
L
$
'"
"
2.
$
3.
$
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 pa'id. Any payments made hereunder shall be
considered as interest free loans which must be
returned to the City if the Phase is not
satisfactorily completed. If the Phase is
satisfactorily completed, the City shall receive
credit against the compensation due for that phase.
The retention amount or percentage set forth in
Paragraph 19 is to be applied to each interim
payment such that, at the end of the phase, the
full retention has been held back from the
compensation due for that phase. Percentage of
completion of a phase shall be assessed in the sole
and unfettered discretion by the Contracts
Administrator designated herein by the City, or
such other person as the City Manager shall
designate, but only upon such proof demanded by the
City that has been provided, but in no event shall
such interim advance payment be made unless the
Contractor shall have represented in writing that
said percentage of completion of the phase has been
performed by the Contractor. The practi ce of
making interim monthly advances shall not convert
this agreement to a time and materials basis of
payment.
C. (X) Hourly Rate Arrangement
For performance of the Defined Services by Consultant as
herein required, City shall pay Consultant for the productive hours
h:\shared\planning\duane\mnacnt-l.agr
April 13, 1999
Page 18
I.
..
of time spent by Consultant in the performance of said Services, at \
the rates or amounts set forth in the Rate Schedule hereinbelow
according to the following terms and conditions:
(1) (X) 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 $127,000
including all Materials, and' other "r.eirnbursables"
("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
enti tled to any additional compensation without
further authorization issued in writing and
approved by the City. Nothing herein shall
preclude Consultant from providing additional
Services at Consultant's own cost and expense.
Rate Schedule
Category of Employee
of Consultant
Name
Hourly
Rate
Senior Partner
Associate
Research Assistant
Administrative Assistant
McKinley/Nielsen
Morrison
Alcantara
Floridi
$135
$ 85
$ 75
$ 65
Hourly rates may increase
rendered after [month], 19
services is caused by City.
by 6~ for services
if delay in providing
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant
in the performance of services herein required, City shall pay
h:\shared\p1anning\duane\mnacnt-1.agr
.Zl.pril 13, 1999
Page 19
-r
,
Consultant at the rates or amounts set forth below:
(X) None, the compensation includes all costs.
() 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 $
Cost or Rate
13. Contract Administrators:
City:
Robert Leiter
Planning Director
276 Fourth Avenue
Chula Vista, CA 91910
(619) 591-5101
Consultant:
Laurie J. McKinley
MNA Consulting
427 "C" Street, Suite 308
San Diego, CA 92101
(619) 239-9877
(619) 239-9878/fax
14. Liquidated Damages Rate:
$ per day.
Other:
15. Statement of Economic Interests, Consultant Reporting
Categories, per Conflict of Interest Code:
h:\shared\p1anning\duane\mnacnt-l.agr
'z\pri1 13, 1999
Page 20
(X) Not Applicable. Not an FPPC Filer.
FPPC Filer
Category No.1. Investments and sources of income.
"-
Category No.2. Interests in re~l property.
Ca tegory No.3. Investments,
property and sources of income
regulatory, permit or licensing
department.
interest in real
subject to the
authority of the
Category No.
and sources
development,
sale of real
4. Investments in business entities
of income which engage in land
construction or the acquisition or
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:
16. ) Consultant is Real Estate Broker and/or Salesman
17. Permitted Subconsultants:
h:\shared\planning\duane\mnacnt-l.agr
April 13, 1999
Page 21
-~I .:::'~')
RMA Consulting
3215 Don Rolando
Escondido, CA 92025
(760) 743-3156
(760) 74l-3070/fax
Dudek & Associates
605 Third Avenue
Encinitas, CA 92024
(760) 942-5147
(760) 632-0164/fax
~
18. Bill Processing:
A. Consultant's Billing to be submitted for the fOllowing
period of time:
IX Monthly
( Quarterly
( Other:
B. Day of the Period for submission of Consultant's Billing:
( First of the Month
( 15th Day of each Month
IX End of the Month
I Other:
C. City's Account Number:
19. Security for Performance
Performance Bond, $
Letter of Credit, $
Other Security:
Type:
.Z\moun t : $
IX ) Retention. If this space is checked, then
notwi thstanding 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 folloHing "Retention Percentage" or
"Retention ./llnount" until the City determines that the
Retention Release Event, listed below, has occurred:
h:\shared\planning\duane\mnacnt_l.agr
April 13, 1999
Page 22
(X
(
Retention Percentage:
Retention Amount: $
Retention Release Event:
(X ) Completion of All
( ) Other:
h:\shared\planning\duane\mnacnt-l.agr
April 13, 1999
i
10 %.
Consultant Services
~
.,
~
Page 23
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A7TACH. I
.13
FIRST AMENDMENT TO
the Agreement between the City of Chula Vist~ud
MNA Consulting, a California Corporation
Recitals
This First Amendment is entered into effective as of (p+'^- December 1999, by
and between the City of Chula Vista ("City") and MNA Consulting, a California
Corporation ("Consultant"), with reference to the following facts:
WHEREAS, City and CONSULTANT previously entered into an agreement
whereby CONSULTANT was to prepare a revised draft MSCP Subarea Plan; and
WHEREAS, CONSULTANT prepared an administrative draft MSCP Subarea
Plan; and
WHEREAS, City determined additional work beyond the original Scope of Work
would be necessary to complete the document; and
"\VHEREAS, the parties negotiated a new Scope of Work; and
WHEREAS, the parties now desire to amend the Agreement to expand the Scope
of Work required of CONSULTANT to complete the MSCP Subarea Plan and to
coordinate follow-up implementing tasks.
NOW. THEREFORE, in consideration of the recitals and the mutual obligation of
the parties set forth herein, City and CONSULTANT agree as follows:
]. Exhibit A, Section 8A of the original Agreement, entitled Scope of Work and
Schedule, Detailed Scope of Work, is hereby amended to add the following
paragraphs:
Consultant shall continue to work with the City to achieve adoption of the MSCP
Subarea Plan. Work shall include the following:
Coordinate the preparation and submittal by City staff of the lO(a) permit
application to the Wildlife Agencies;
H Shared\.t\nom~:v",!\f0iA Contract Amendment I doc
] of 5
~)
Assist City staff in the coordination of the preparation of the Otay River
Valley study being conducted by Conservation Biology Institute;
and
~;\.
Prepare the environmental review documents, including;
""
(1) Task I - Using CEQA Guidelines, CONSULTANT shaH
evaluate the adequacy of the Final EIRfEIS for Issuance of
Take Authorizations for Threatened and Endangered Species
Due to Urban Growth within the Multiple Species
Conservation Program Planning Area for the purposes of
adopting the MSCP Subarea Plan: This evalu<J.tion shaH focus
on the process for a Responsible Agency in considering an
EIR prepared by a Lead Agency (per Section 15096 of the
California Code of Regulations).
(2) Task II - If the EIR is adequate for the purposes of taking
discretionary action on the Subarea Plan, Consultant shall
prepare Draft Findings of Fact, in accordance with Section
15091 of the California Code of Regulations.
(3) Task III - If as a result of the analysis the EIR is deemed
inadequate, CONSULTANT shall conduct an Initial Study
and provide the City with a draft completed checklist and
detailed explanation of answers, as well as a Negative
Declaration or Mitigated Negative Declaration. If after
completion of an Initial Study, a Negative Declaration or
Mitigated Negative Declaration is deemed inadequate for
purposes of environmental review, preparation of any other
document such as a supplemental EIR will be considered
outside the scope of this Agreement, and will require an
Amendment to this Agreement.
Consultant shall work with the City to coordinate MSCP Subarea Plan
implementation tasks. Work shall include:
Coordinate preparation by City of the Habitat Loss and Incidental Take
Ordinance;
With participation by City staff, conduct negotlatlOns with Wildlife
Agencies to finalize the Habitat Loss and Incidental Take
Ordinance;
Review MSCP-related documents such as the General Plan, SPA
Ordinance, Grading Ordinance, and Otay Ranch Resource
Mananement Plan to determine if amendments will be necessary to
e
H:\ShJredV\norntY\I\JN.1\ Conlr;-rcl Amendment] ,doc
2 of 5
I _
I
~' i
achieve consistency between MSCP Subarea Plan and said
documents;
Assist City in preparing draft amendment language for MSCP-related
documents; .
Attend update meetings with outside agencies an"a groups such as the
County of San Diego (quarterly), the City of San Diego (bi-
annually), the Wildlife Agencies (bi-montWy), landowners and
developers (bi-monthly), and environmental representatives
(quarterly); and
Attend all necessary meetings and hearings, as determined by staff, of the
Resource Conservation Commission, Planning Commission, and
City Council for approval of the Habitat Loss and Incidental Take
Ordinance and other MSCP-related documents.
2. Exhibit A, Section 8.C of the original Agreement, entitled Dates or Time Limits
for Delivery of Deliver ables, is hereby amended to add the following paragraphs:
Deliverable No.1: City MSCP Subarea Plan approved by City Council by
February 22,2000
Deliverable No.2: Habitat Loss and Incidental Loss Ordinance by June 30,
2000
Deliverable No.3: Completed lunendments to MSCP-related Plans and
Ordinances by June 30, 2000
Deliverable No.4: Task I of the Environmental Review by November 30,
1999
Deliverable No.5: Task 11 (Findings of Fact) of the Environmental Review by
January 3, 1999
Deliverable No.6: Task III (Initial Study and Negative Declaration or
Mitigated Negative Declaration) of the Environmental
Review by January 3, ] 999
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3. Exhibit A, Section 11.C(1) of the original Agreement, entitled Compensation,
Hourly Rate Arrangement" Not-to-Exceed Limitation on Time and Materials
Arrangement, is hereby amended to read as follows:
Rate Schedule
Category of Employee
of Consultant
"-
.
Name
Hourlv Rate
Senior Partner
Research Associate
Administrative Assistant
McKinleyINielsen
Alcantara
Floridi/Lane
$ 140.00
$ 85.00
$ 65.00
Notwithstanding the expenditure by Consultant oftime and materials in excess of
said maximum compensation amount, Consultant agrees that Consultant will
perform all of the services pursuant to this expanded Scope of Work required of
Consultant for $77,760, including all materials, and other "reimbursables"
("maximum compensation").
4. Except as expressly provided herein all other provlslOns of the original
Agreement shall remain in full force and effect.
H:\Sharcd\l\lIorncy\l'vlN^ COnlr;Jc! Amendment I_doc
4 of)
SIGNATURE PAGE TO FIRST AMENDMENT TO
THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND MNA CONSULTING, A CALIFORNIA CORPORATION.
..
.
City of Chula Vista
MNA Consulting
Dba of McKinley Nielsen,
Associates, Inc.
BY..~~~fl.J
Shirley Hort , Mayor
Date
/1/1-4-- qq
)
/
Date
David C. Nielsen, e ent
Date
II b,V/Q'3
ATTEST:
~I leU ~'~fk-)
Susan Bigelow, City Cle
Approved in form by:
1 J:\Sh;1rcu\Allornc-:.,"\lNA Con!rJct /\mcndmcn! J .doc
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SECOND AMENDMENT TO
A-TP4 C H. I. c...
the Agreement between the City of Chula Vista and
MNA Consulting, a California Corporation
Recitals
"-
This Second Amendment is entered into effective as of June, 2000 by
and between the City of Chula Vista ("City") and MNA Consulting, a California
Corporation ("Consultant"), with reference to the following facts:
WHEREAS, City and Consultant previously entered into an agi-eement whereby
Consultant was to prepare a revised draft MSCP Subarea Plan and accompanying
environmental documents; and
WHEREAS. City and Consultant entered a First Amendment on December 6,
1999 for additional work; and
and
WHEREAS, Consultant prepared an administrative draft MSCP Subarea Plan;
WHEREAS, City determined additional work beyond the original Scope of Work
would be necessary to complete the document; and
V,'HEREAS, the parties negotiated a new Scope of Work; and
'WliEREAS, the parties now desire to amend the Agreement to expand the Scope
of Work required of Consultant to complete the MSCP Subarea Plan and accompanying
environmenial documents and to coordinate follow-up implementing tasks.
NOW, THEREFORE, in consideration of the recitals and the mutual obligation of
the parties set forth herein, City and Consultant agree as follows:
I. Exhibit A, Section 8A of the original Agreement, entitled Scope of Work and
Schedule, Detailed Scope of Work, is hereby amended to add the following
paragraphs:
Consultant shall continue to work with the City to achieve adoption of the MSCP
Subarea Plan. Work shall include the following:
Complete responses to comments and preparation for City retreat with Resource
Agencies.
With City as the lead, participate in tbe retreat and in research and follow-up
associated therewith.
h.Sh2red\..Atlome:,-.J~11\'A Contrac; AmenjmentldCl:
] 0[5
Coordinate the public review process and assist in the preparation of staff reports
for Planning Commission and City Council public hearings.
Provide assistance to the City Attorney in preparation of the Implementing
Agreement, and assist in negotiations with Wildlife Agenqes.
Participate in all public hearings associated with Chula Vista's Subarea Plan.
Serve as advisor to the Planning and Building Deparbnent and assist the City
Attorney in preparation of Habitat Loss and Incidental Take PeIDlit Ordinance
(HUT). Assist in preparation for and coordination of public. hearings on the
HUT.
Serve as advisor to the Planning and Building Director on completion of
biological studies associated with Chula Vista MSCP Subarea Plan., including the
Otay River Valley Study.
Serve as advisor to the Planning and Building Director and coordinate continued
outreach with other agencies, including the County of San Diego, City of San
Diego and the Wildlife Agencies.
Serve as advisor to the City Manager, City Attorney and Planning and Building
Director on questions and issues related to implementation of ChuJa Vista's
MSCP Subarea Plan.
Serve as advisor to the City and environmental consultant on the preparation of
environmental documents.
Consultant shall work with Consultant's biological subcontractor to complete the
following:
Create new tables and text to respond to agency and environmental organization
comments on the MSCP Subarea Plan related to individual species.
Prepare narrative for each of the species for which the City would receive take
authorization that would not be subject to severability, and other sensitive and
narrow endemic species known or expected to exist within the study area. This
will include additional database and literature research, to focus on the natural
history and life history traits of the species, its specific habitat requirements,
habitat associations and potential habitat based on its affinities to various habitat
characteristics.
Provide additional discussion and detail on habitat and species conservation and
take estimates, in response to specific comments received on the Subarea Plan,
which can be incorporated into the Subarea Plan.
H,Sh8red\.qno~e)-",!\1NA Conn-act Amendment2.cioC"
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Prepare a narrative on an adaptive management approach that can be incorporated
into the Subarea .Plan. The discussion will establish a foundation for a program
approach to management that can reasonably demonstrate the maintenance of a
self-sustaining reserve system.
"-
As requested by City Staff, participate in meetings with' Resource Agencies to
resolve remaining issues and respond to co=ents.
Assist in preparation of staff report, and assist in completion of environmental
documents.
Participate in public hearings for consideration of the Subarea Plan.
Serve as biology advisor on implementation vehicles, including HUT and Otay
River Valley Study_
Provide general biological analysis and opinion during initial implementation.
2. Exhibit A, Section 8.C of the original Agreement, entitled Dates or Time Limits
for Delivery of Deliver ables, is hereby amended to add the following paragraphs:
Deliverable No. l:
City MSCP Subarea Plan approved by City Council by
October, 2000
Deliverable No.2:
Completed Environmental documentation for the City
MSCP Subarea Plan by October, 2000
3. Exhibit A, Section 1 LC(l) of the original Agreement, entitled Compensation,
Hourly Rate Arrangement, NoHo-Exceed Limitation on Time and Materials
Arrangement
(X) Not-to-Exceed Limitation on Time and Materials Arrangement
Not withstanding the expenditure by MNA Consulting and Subcontractor of time
and materials in excess of said Maximum Compensation amount, MNA
Consulting agrees that MNA Consulting will perform all of the General and
Detailed Services contained within this Second Amendment required of
Consultant for no more than $142,200 including all Materials, and other
"reimburseables" ("Maximum Compensation").
H.\Shared\P.ttom~YI1vfNA Contract Amendment2.doc
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Rate Schedule for MNA Consulting
Category of Employee
of Consultant
Name
Hourly Rate
"-
,
Senior Partner
Research Associate
Administrative Assistant
McKinley/Nielsen
Alcantara
Floridi/Lane
$ 140.00
$ 85.00
$ 65.00
The Hourlv Rate Schedule for Dudek & Associates. Inc.. approved subcontractor. is
provided in Attachment 1 and is incorporated herein.
~ \Shared\i\nomey\MNA Conn-act Amendment2.doc
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SIGNATURE PAGE TO FIRST AMEND:MENT TO
THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND MNA CONSULTING, A CALIFORNIA CORPORATION.
City of Chula Vista
~
MNA Consulting
Dba of McKinley Nielsen,
Associates, Inc.
By
Shirley Horton, Mayor
By(dr:.ij~?tJ
Date
Date
t!9tc
ATTEST:
Susan Bigelow, City Clerk
Approved in form by:
John M. Kabeny, City Attorney
H:\Shared"-Attom~y\rvfNA Conn-act Amendment2_doc
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lDUIIBB.
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p,.j.,lali(,.'t.:;..r~,~:..r.:",,,~,,,~, _.
ENGINEERING SERVICES
Principal Engineer -.........m.............................. $125.00/hr
Senior Engineer -...-....................................... $110.00/hr
A~ Engineer _.._................................. $95.00lhr
Project Engineer n --.......-....................._..... $85.0O/hr
Project Engineer 1............_............................... $75.0O/hr
. Resident Engineer ............._.............................. $85.0O/hr
Field Engineer ...-.............................................. $75.0O/hr
EngiJeefi1g Inspectoc U ..........m......m............... $65.0O/hr
EnQineemg Inspector I ..-................................. $55.00lhr
Engineering Assistant ...............m.................m.. $45.00lhr
LAND DEVELDPMENT
II PlANNING
Planning Project Manager .................................. $ 100.OO/hr
Senior Planner ................................................... $ 80.00lhr
Project Planner ...................................m............. $ 70.00lhr
Research Planner ............................................... $ 60.llOIhr
Assistant Planner ............................................... $ 55.0O/hr
Planning Technician...........................m............. $ 50.0O/hr
Planning Drafter ............mm..............m.........m.. $ 45.00lhr
. SURVEYING
ProtessiDllal Land Surveyor ..............m.......m.... $ 110.00lhr
Field Supervisor ................................................ $ 90.00lhr
Survey Analyst........m...............m.m.............m.. $ 80.00lhr
1-Person Survey Crew...m............................m.. $ 75.0O/hr
2-Person Survey Crew ..........m.......................... $ 135.00/hr
3-Person Survey Crew m................................m. $ 175.00/hr
HYDROGEOLOGICAL SERVICES
PrincjpaL......................m..................m..m.m.m. $ 150.00lhr
Senior Hydrogeologist Project Manager ............. $ 120.00/hr
Associate Hydrogeologist ..........................m..... $ 95.00lhr
Hydrogeologist IV m.........m.........m................... $ 85.00lhr
HydrogeoJogist 1II.................................m........... $ 7D.DDlhr
HydrogeoJogist II........................................m..m $ 65. DOlhr
Hydrogeologist I ................................................ $ 55.00lhr
ElIYironmental Engineer II .............................m.. $ 90.00lhr
Technician ............m.......................m..........m... $ 4D.DOlhr
ENVIRONMENTAL SERVICES
Senior Project Manager/SpeciaflSt............mm.... $ 12D.DOlhr
ElNironmental Specialist'Planner VI................... $ 1.10.DOlhr
Environmental Specialist /Planner V................... $ 100.DOlhr
Environmental Speciaflst /Planner IV .....m.....m.. $ 85.00lhr
Environmental Specialist !Planner III .................. $ 75.00lhr
Environmental Specialist /Planner /I ................... $ 65. DOlhr
Environmental Speciaflst !Planner I .................m $ 55.DDlhr
Analyst............................................................... $ 50.00lhr
Research Assistant............................................. $ 35.00/hr
CONSTRUCTION MANAGEMENT SERVICES
Construction Manager ..-................................... $ 11 O.OO/hr
Project Manager ............................................m.. $ 9D.ODlhr
Construction Engineer ....................................... $ 80. DOlhr
Construction Inspector 11/ ................................... $ 70.0Dlhr
Construction Inspector II.................................... $ 60.0Dlhr
Construction Inspector I..................................... $ 50.DDlhr
Company Services
I .
200Q :SJ~NDAR~:S.CHEIJ __,.. ..gCHARGE.
DISTRICT MANAGEMENT & OPERATIONS
DisIiict General Manager ..-.........._..._..__....... $ 125.00/bI
Disblct EngiJeer ................................... $90.00 - $ 110.lllVII
Disbict Manager II ".....-...................... $ 95 0WhI
District Manager I..:........................ . ....-.-... $ 85'llOIhI
District SecIetuy/AccDlllllant .........:.::=:::::=:::::= $ 60:00lhl
Grade IV Oper.dDr ....:........................................... $ 70.00lhl
Grade m OperaJor .............................. $ 55 00lhr
Grade II Operator ...............................::::::::::::::::: $ 45:0O/hr
Grade I operalor ................................................. $ 42.0O/hr
Operator in Training ........................................... $ 30.0O/hr
laborer .............................................................. $ 24.00lhr
INFORMATION SYSTEMS
Information Systems Manager............................ $ 150.00lhr
Systems Technician 11......................................... $ 95.00lhr
PRINCIPAl..........................................$ 125.00 . $150.0O/hr
OFFICE SERVICES
. TECHNICAL / DRAFTING/CAOD SERVICES
3D Graphic Mist................................................ $105.00lhr
Senior Designer ................................................. $BO.OOlhr
GIS Technician ................................................... $ 75.00lhr
CAOD !Designer lJ/ ............................................. $ 75.00lhr
CAOD /Designer II.............................................. $ 70.00lhr
CAOD DraJter I ................................................... $ 65.00lhr
CAOD Dperalor II................................................ $ 60.0O/hr
CADD Operator I................................................. $- 55.00lhr
Assistant Designer Drafter .................................. $ 50.00lhr
SUPPORT SERVICES
Computer Processing ......................................... $ 55.00lhr
Clerical Administration ....................................... $ 45.DOlhr
FOREHSlC ENSlHEERlNG
Court appearances and depositions a. expert witness will be billed
at 1.51imes normal rates.
EMERGENCY AND HOUDAYS
MiIimm dllrge of two txm will be biIJed at 1.5 limes 100 rmnaIlille.
MAlBlIALAND DUTSlDE SERVICES
Subcontractors. renlal of speciaJ equipment, special repioductions
and blueprinting, outside data Processing and computer services.
etc., are cha!yed at 1.15 times the direct cost
TllAV8.. EXPENSES
Mileage at 32.5 cents per mile. Per diem where ovemight stay is
involved is charged at cost
""'201
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THIRD AMENDMENT TO
A-rrA CH. I. 1J
the Agreement between the City of Chula Vista and
MNA Consulting, a California Corporation
Recitals ~
This Third Amendment is entered into effective as of November . /tffl-, 2000 by and between
the City of Chula Vista ("City'') and MNA Consulting, a California Corporation ("Consultant"),
with reference to the following facts:
WHEREAS, City and Consultant previously entered into an agreement on April 13,1999
whereby Consultant was to prepare a revised draft MSCP Subarea Plan and accompanying
environmental documents; and
WHEREAS, City and Consultant entered a First Amendment on December 6, 1999 for
expanded work; and
WHEREAS, City and Consultant entered a Second Amendment on June 20, 2000 for
expanded work; and
WHEREAS, the City Council adopted the September] 1,2000 Draft Chula Vista MSCP
Subarea Plan on October] 7,2000; and
WHEREAS, City needs further assistance from Consultant in seeking take permits from
the Wildlife Agencies, including but not limited to, negotiating an Implementing Agreement with
the Wildlife Agencies, creating MSCP Implementation Guidelines, completing an environmental
review of three MSCP implementing ordinances, and serving as an advisor on MSCP in the local
Coastal Planning Area; and
\VHEREAS, City desires to obtain take authorization for the Quino checkerspot butterfly,
a species not covered by the MSCP; and
WHEREAS, the parties negotiated a new Scope of Work; and
WHEREAS, the parties now desire to amend the Agreement to expand the Scope of
Work required of Consultant to a) assist City in seeking take'permits from the Wildlife Agencies,
and b) complete a Jow-effect Habitat Conservation Plan for Quino checkerspot butterfly
coverage and accompanying environmental documents.
NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the
parties set forth herein, City and Consultant agree as follows:
]. Exhibit A, Section 8A of the original Agreement, entitled Scope of Work and Schedule,
Detailed Scope of Work, as amended on December 6, 1999, is hereby amended to
eliminate the following paragraphs:
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. (2) Task II - If the EIR is adequate for the purposes oftaking discretionary action on
the Subarea Plan, Consultant shall prepare Draft Findings of Fact, in accordance with
Section 15091 of the California Code of Regulations.
. (3) Task III - If as a result of the analysis the EIR is deemed inadequate, Consultant
shall conduct an Initial Study and provide the City with a qraft completed checklist
and detailed explanation of answers, as well as a Negative Declaration or Mitigated
Negative Declaration. If after completion of an Initial Study, a Negative Declaration
or Mitigated Negative Declaration is deemed inadequate for purposes of
environmental review, preparation of any other document such as a supplemental EIR
will be considered outside the scope of this Agreement, and will require an
Amendment to this Agreement.
. Coordinate preparation by City of the Habitat Loss and Incidental Take Ordinance;
. Review MSCP-related documents such as the General Plan, SPA Ordinance, Grading
Ordinance, and Otay Ranch Resource Management Plan to determine if amendments
will be necessary to achieve consistency between MSCP Subarea Plan and said
documents;
. Attend all necessary meetings and hearings, as determined by staff, of the Resource
Conservation Commission, Planning Commission, and City Council for approval of
the Habitat Loss and Incidental Take Ordinance and other MSCP-related documents.
2. Exhibit A, Section 8C of the original Agreement, entitled Dates or Time Limits for
Delivery of Deliverables, as amended on December 6, 1999, is hereby amended to
eliminate the following paragraphs:
Deliverable No. ]:
City MSCP Subarea Plan approved by City Council by February
22.2000
Deliverable NO.2:
Habitat Loss and Incidental Loss Ordinance by June 30, 2000
Deliverable NO.3:
Completed Amendments to MSCP-related Plans and Ordinances
by June 30, 2000
Deliverable No.4:
Task I of the Environmental Review by November 30, 1999
Deliverable No.5:
Task 11 (Findings of Fact) of the Environmental Review by January
3, ]999
Deliverable No 6:
Task III (Initial Study and Negative Declaration of Mitigated
Negative Declaration) of the Environmental Review by January 3,
]999
3 Exhibit A, Section 8A of the original Agreement, entitled Scope of Work and Schedule,
Detailed Scope of Work. is hereby amended 10 add the following paragraphs:
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a. Phase II MSCP
Phase II MSCP is defined as the period from the adoption of the MSCP Subarea Plan
by the City of Chula Vista City Council to the issuance of take permits by the U.S.
Fish and Wildlife Service and the California Department. ofFish and Game.
...
c.
Consultant and/or Consultant's biological subcontractor shall complete the fOllOwing:
(1) Serve as an advisor to City on completion of three implementing ordinances;
(2) Assist City in completing MSCP Implementation Guidelines;
(3) Prepare an Initial Study of the three implementing ordinances and MSCP
Implementation Guidelines, including detailed responses to all checklist
questions and technical support documentation as necessary;
(4) Assist City in preparation for and coordination of public hearings for the three
implementing ordinances and MSCP Implementation Guidelines;
(5) Attend one Resource Conservation Commission meeting, one Planning
Commission hearing, and one City Council hearing on the implementing
ordinances and one City Council hearing on the Implementing Agreement;
(6) Serve as an advisor to City on MSCP issues in the Local Coastal Planning Area;
(7) Provide assistance to the City Attorney in the negotiation of an Implementing
Agreement between the City and the Wildlife Agencies; and
(8) Continue to serve as advisor to the Planning and Building Director and
coordinate continued outreach with other agencies, including the County of San
Diego, City of San Diego and the Wildlife Agencies.
b. Low-Effect Habitat Conservation Plan (HCP) for the Ouino Checkerspot Butterfly
Consultant and/or Consultant's biological subcontractor shall complete the following:
(I) Coordinate with the Wildlife Agencies to reach agreement on the approach to the
Hep;
(2) QuantifY amount of take as a result of project activities;
(3) Develop and evaluate mitigation strategies;
(4) Prepare a Screencheck low-effect HCP for quino checkerspot butterfly, including
all required sections and analyses per federal and state guidelines;
(5) Evaluate potential alternatives to the proposed project alternatives;
30f6
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(6) Prepare a draft Biological Assessment if determined to be necessary by the U.S.
Fish and Wildlife Service;
(7) Prepare an Environmental AssessmentlInitial Study (EMS), including detailed
responses to all checklist questions, technical. support documentation as
necessary, and analysis supporting the use of an EA/IS; 'f
(8) Coordinate with the Wildlife Agencies and the City to assemble all public
comments, identify and resolve issues, prepare a final low-effect HCP for quino
checkerspot butterfly;
(9) Prepare written responses to public comments at the end of the public comment
period; and
(10) Participate in 60 hours of meetings at $140 per hour and participate in 90 hours
of meetings at $100 per hour.
4. Exhibit A, Section 8C of the original Agreement, entitled Dates or Time Limits for
Delivery of Deliverables, is hereby amended to add the following paragraphs:
Deliverable NO.3:
Deliverable NO.4:
Deliverable NO.5:
Deliverable No.6:
Deliverable No.7:
Deliverable NO.8:
Deliverable No.9:
One Initial Study covering three MSCP Implementing Ordinances
Screencheck Low-effect Habitat Conservation Plan for Quina
checkerspot butterfly
Draft Low-effect Habitat Conservation Plan for Quino checkerspot
butterfly
If necessary as determined by the Wildlife Agencies, Biological
Assessment for Draft Low-effect Habitat Conservation Plan for
Quino checkerspot butterfly
Environmental Assessment/Initial Study for Draft Low-effect
Habitat Conservation Plan for Quino checkerspot butterfly
Written Responses to Public Comments on the Draft Low-effect
Habitat Conservation Plan for Quino checkerspot butterfly
Final Low-effect Habitat Conservation Plan for Quino checkerspot
butterfly
5. Exhibit A, Section 80 of the original Agreement, entitled Date for Completion of all
Consultant Services, is hereby amended to read as follows:
a. Phase II MSCP: March 3 1,2001
b. Low-Effect HCP for Quino checkerspot butterfly: upon issuance of the incidental
take permit for Quina checkerspot butterfly
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6. Exhibit A, Section 11 C(1) of the original Agreement, entitled Compensation, Hourly
Rate Arrangement, Not-to-Exceed Limitation on Time and Materials Arrangement.
(X) Not-to-Exceed Limitation on Time and Materials Arrangement
Not withstanding the expenditure by MNA Consulting and SUbcontractor of time and
materials in excess of said Maximum Compensation amount, MNA Consulting agrees
that MNA Consulting will perform all of the General and Detailed Services contained
within this Third Amendment required of Consultant for no more than $226,025
including all Materials, and other "reimburseables" ("Maximum Compensation''), as
follows:
Phase Il MSCP
Low-effect HCP for Ouino Checkerspot Butterfly
TOTAL
$ 84,050
$141.975
$226,025
Hourly Rate Schedule for MNA Consulting
G&t'fg'9fY offwp.loy?e ..Niiili~F ........ Hourly Rat~ .S\~~
"'-'~"40~;p__,
. .,~, . . ,--, ,<'- - ,-. ~,~, ~ . .,,3;(
Senior Partner Laurie McKinley $]40.00
David Nielsen
Research Associate Cyndi Alcantara $ 85.00
Administrative Assistant Donna Lane $ 65.00
The Hour]v Rate Schedule for Dudek & Associates, Inc.. approved subcontractor, is
provided in Attachment] and is incorporated herein.
7. Except as herein provided, all provisions of the original agreement and first and second
amendments to the agreement shall remain in full force and effect.
(H: ISh oredlPlann in g IChristina IMNA A mendment3. doc)
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SIGNA TURE PAGE TO THIRD AMENDMENT TO
THE AGREEMENT BETWEEN TIlE CITY OF CHULA VISTA
AND MNA CONSULTING, A CALIFORNIA CORPORATION.
City of Chula Vista
MNA Consulting
Dba of McKinley Nielsen,
Associates, Inc._
...
,
Date
BY~
Shirley Ho on, Mayor
Date
, ~
/ 7'
. - p
012/(1
David C. NielseJY,f>resident
Date
if / <:j /ot.'J
.
ATTEST:
~vi0
Susan Bigelow, City Cle
Approved in form by:
60f6
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FOURTH AMENDMENT TO
the Agreement between
City of ChuIa Vista
and
MNA Consulting, a California Corporation
H1171C H--.
(.~
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for Consulting Services Related to the Chula Vista
Multiple Species Conservation Program (MSCP) Subarea Plan
This Fourth Amendment is entered into effective as of February _,2002 by and between
the City of Chula Vista ("City") and MNA Consulting, a California Corporation ("Consultant") ,
with reference to the following facts
Recitals
WHEREAS, on April 13, 1999 the City Council approved Resolution 19430 for a $127,000
Agreement with MNA Consulting for land use consulting services related to the City's preparation
of the Multiple Species Conservation Program (MSCP) Subarea Plan ("Original Agreement"); and
WHEREAS, on November 30, 1999 the City Council approved Resolution 19674 for a
$77,760 amendment to the Agreement with MNA Consulting for additional land use consulting
services related to the City's preparation of the MSCP Subarea Plan; and
WHEREAS, on June 20, 2000 the City Council approved Resolution 2000-2]5 for a
$142,200 amendment to the Agreement with MNA Consulting for additional land use consulting
services related to the City's preparation of the MSCP Subarea Plan; and
Whereas, on October 17,2000 the City Council of the City ofChula Vista adopted a Draft
MSCP Subarea Plan, dated October 9, 2000; and,
WHEREAS, on November 14,2000 the City Council approved Resolution 2000-423 for a
$226,025 amendment to the Agreement with MNA Consulting for additional land use consulting
services related to the City's preparation of the MSCP Subarea Plan; and
WHEREAS, City staff prepared three draft MSCP implementing ordinances and negotiated
with the U.S. Fish and Wildlife Service and California Department ofFish and Game ("Wildlife
Agencies") to draft the Implementing Agreement from November 2000 through June 2001; and,
WHEREAS, as part of continuing work necessary complete a revised Administrative Draft
MSCP Subarea Plan for submittal to the Wildlife Agencies, the Consultant shall coordinate with
City GIS staff, provide assistance to the City Attorney on completion of the Implementing
Agreement, serve as an advisor to City on completion of three MSCP implementing ordinances,
revise the changed circumstances, wetlands, and funding sections of the Subarea Plan, provide the
City with a camera-ready administrative draft MSCP Subarea Plan suitable for reproduction and
submittal to the Wildlife Agencies, attend meetings, prepare letters, memoranda, and other
supplementary documents, and negotiate with the Wildlife Agencies; and,
Standard Form Two Parry Agreement (13'" Revision)
H:\PLANNfNG\MaryL\!\-lN4. Conlr3ct 021202uoc
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Whereas, Consultant warrants and represents that they are experienced and staffed in a
m~er suc~ that they are an.d can p.repare m;'d deliver the se~ices required of ConSultant to City
WIthin the lime frames herem provIded all m accordance WIth the terms and conditions of this
Agreement;
NOW, THEREFORE, in consider of the recital and the mutUal oBligation of the parties set
forth herein, City and Consultant agree as follows:
I. Exhibit A, Section 8A of the Original Agreement, as amended, entitled Scope of Work and
Schedule, Detailed Scope of Work, is hereby amended to add the following paragraphs:
Consultant shall prepare a revised Administrative Draft MSCP . Subarea Plan and
participate in negotiations with the Wildlife Agencies to resolve final MSCP issues.
Consultant shall coordinate the completion of an Implementing Agreement for the MSCP
Subarea Plan and shall serve as an advisor to the City in the completion of three MSCP
implementing ordinances. The following detailed Scope ofW ork shall be performed by
the Consultant to the satisfaction of the Director of Planning and Building:
a. Consultant shall provide City with three project descriptions for environmental
review documents related to the M-SCP;
b. Consultant shall coordinate with City GIS staff to complete all GIS-generated
graphics and acreages for the draft MSCP Subarea Plan;
c. Consultant shall revise the changed circumstances, wetlands, and funding sections of
the Subarea Plan;
d. Once the City has reviewed, revised or commented upon, and approved the revisions
to the changed circumstances, wetlands, and funding sections of the Subarea Plan,
Consultant shall provide the City with a camera-ready administrative draft MSCP
Subarea Plan suitable for reproduction and submittal to the Wildlife Agencies;
e. Consultant shall serve as an advisor to City on completion of three MSCP
implementing ordinances;
f. Consultant shall coordinate and provide assistance to the City Attorney on the
completion of the MSCP Implementing Agreement;
g. Consultant shall attend weekly MSCP update meetings with City staff until
completion of the contract;
h. Consultant shall attend meetings with MSCP Managers and landowners as
determined by City's Contract Administrator to be needed;
I. Consultant shall attend one half-day meeting with the Wildlife Agencies; and
Standard Form Two Party Agreement (13th Revision)
H:\PLANNfNG\MaryL'Sf!\Ji\ Contract 02J20211nc
Page 2
..i/
J. Consultant shall prepare letters, memoranda, and other supplementary documents as
requested by the Director of Planning and Building_
2. Exhibit A, Section 8C of the Original Agreement, and as previously amended, entitled Dates
or Time Limits for Delivery of Deliverables, is hereby amended to add the following
paragraphs:
3. Exhibit A, Section 8D of the Original Agreement, as amended, entitled Date for Completion
of all Consultant services, is hereby amended to read as follows:
Deliverable Due Date
No. 10 Three project descriptions for February 19, 2002
environmental review documents
related to the MSCP
No.ll Camera-ready Administrative March I, 2002
Draft Subarea Plan
March 29, 2002 or upon completion of tasks whichever Occurs earlier.
4. Exhibit A, Section] I CCl) of the Original Agreement, as amended, entitled Compensation,
Hourly Rate Arrangement, Not- To-Exceed Limitation on Time and Materials Arrangement
is hereby amended to add the following:
( X) 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 in this Fourth
Amendment for no more than $47,000.00 including all Materials, and other
"reimbursables" ("Maximum Compensation"). Of the $47,000, the amount payable
to the Subconsultant, Dudek and Associates, ]nc., shall not exceed $]9,053.
RATE SCHEDULE
Category of Employee of Consultant Name Hourly Rate
Senior Partner Laurie Madigan $ 145.00
Research Assistant II Stephanie Morrison $ 85.00
Research Assistant II Cyndi Alcantara $ 85.00
Research Assistant I Nathan Hibbs $ 65.00
Research Assistant I Donna Hale $ 65.00
Standard Form Two Party Agreement (I3~ Revision)
H:\PLANNTNG\M<lf)'LlI'VINol, Contract 02 J202doc
Page 3
! .:.:~,
~
The Hourly Rate Schedule for Dudek and Associates, Inc., approved subconsultant,
is incorporated herein.
5. All other terms and conditions of the. Original Agreement and Amendments thereto not
modified by this Fourth Amendment shall remain in full force and effect.
'f
H:\PLANNfNG\MaT)'L\~-NA Contract 02 1202.doc
Standord Form Two Party Agreement (13'h Revision)
Page 4
SIGNATURE PAGE TOl'OURTH AJ\1ENDMENT 0
THE AGREEMENT BETWEEN CITY OF CHULA STA
;' ND MNA CONSULTING, A CALIFORNIA CORrOR TION.
City ofChuJa V sla
MNA ConsuJ!ing
Dba of McKinJey !>lie) en ASsociates, Tnc.
'7
Date:
Date:
By:
Shirley Horllm, Mayor
By:
Dote -.2/F jO::J-.
J\TfEST:
-
Su:an Eigelow, ( ity Clerk
Approved as 10 ~ th by:
John iYi:"Kah~:jty Allomey
~i.\T'L\N,"'lIl",(j'.}\?arynl\_ft 4 ('(.nITSt:1 02110'Z.ll{1(
$filncfartl Form 1'\\'0 Pi1rty A cemt"nl (JJIh RCV;5;Qn)
J'agc 5
,
!
A1T7JCH. 3
Parties and Recital Page(s)
Agreement between
City of Chula Vista
and
DUDEK and Associates, Inc.
For Environmental Services for the Revised DRAFT
Multiple Species Conservation Program (MSCP) Subarea Plan
This agreement ("Agreement"), dated February /2., 2002 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, the City Council adopted the September 11, 2000 Draft Chula Vista
MSCP Subarea Plan on October 17, 2000; and
WHEREAS, City staff prepared draft MSCP implementing ordinances and negotiated
with the U.S. Fish and Wildlife Service and California Department of Fish and Game
("Wildlife Agencies") to finalize the Implementing Agreement; and
WHEREAS, City staff prepared an Addendum to the MSCP Final EIR/EIR (SCH No.
93121073), which was certified with the Draft MSCP Subarea Plan on October 17, 2000;
and
WHEREAS, based on the additional information about the Quino Checkerspot
Butterfly, the City believed it was prudent to add coverage for the Quino Checkerspot
Butterfly into the draft MSCP Subarea Plan prior to the Subarea Plan and associated
implementing documents being published in the Federal Register; and,
WHEREAS, the revised administrative Draft MSCP Subarea Plan will include
information that was not previously analyzed in the Addendum to the MSCP Final EIR/EIS
prepared for the Draft MSCP Subarea Plan, dated September 2000, and therefore further
environmental documentation is necessary; and
WHEREAS, the City does not have the "in-house" staff necessary to prepare the
environmental document within the timeframe necessary to obtain its Incidental Take
Permit this year. The expedited preparation of the environmental document for the revised
Draft MSCP Subarea Plan necessitates the hiring of an environmental Consultant; and
Standard Form Two-Party Agreement (13'h Revision)
Page 1
f?. dcX)d -<:Jtj /
WHEREAS, it is in the City's best interest to waive the City's formal bid process for
the selection of consulting services as impractical in that the City is in immediate need of an
experienced Consultant in order to obtain Take Authorization in an expeditious manner;
and,
WH EREAS, the Consultant has demonstrated competence and qualifications for the
services required, including but not limited to, a unique understanding and expertise due to
Consultant's prior consulting work on issues related to MSCP, specifically the preparation
of the region-wide MSCP EIR/EIS, as well as the Addendum to the EIR/EIS prepared for
the City of Chula Vista's Draft MSCP Subarea Plan (September 2000); and,
WHEREAS, Consultant's prior work for the City on the MSCP Subarea Plan
environmental documentation has been deemed to be satisfactory by City staff, additional
work by the Consultant would provide continuity in the project's progression, and the City's
interest would be materially better served if the City retained this consultant; and
WHEREAS, cost estimates by Dudek and Associates, Inc. have been reviewed by
staff and are determined to be reasonable; and
WHEREAS, Consultant warrants and represents that they are experienced and
staffed in a manner such that they can prepare and deliver the services in an expedited
manner; that they have a demonstrated knowledge of issues that pertain to the MSCP, and
in particular in the City of Chula Vista MSCP Subarea Plan, and that they can work
efficiently and effectively with City staff.
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby
mutually agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the attached Exhibit A,
Paragraph 7, entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties", Consultant shall
also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of
Work and Schedule", not inconsistent with the General Duties, according to, and within the
time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Oeliverables 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".
Standard Form Two-Party Agreement (13'h Revision)
Page 2
Failure to complete the Defined Services by the times indicated does not, except at the
option of the City, operate to terminate this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from time to time reduce
the Defined Services to be performed by the Consultant under this Agreement. Upon doing
so, City and Consultant agree to meet in good faith and confer for the' purpose of
negotiating a corresponding reduction in the compensation associated with said reduction.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require
Consultant to perform additional consulting services related to the Defined Services
("Additional Services"), and upon doing so in writing, if they are within the scope of services
offered by Consultant, Consultant shall perform same on a time and materials basis at the
rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate
fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid
monthly as billed.
E. Standard of Care
Consultant, in performing any Services under this agreement, whether Defined
Services or Additional Services, shall perform in a manner consistent with that level of care
and skill ordinarily exercised by members of the profession currently practicing under
similar conditions and in similar locations.
F. Insurance
Consultant represents that it and its agents, staff and subconsultants employed by it
in connection with the Services required to be rendered, are protected against the risk of
loss by the following insurance coverages, in the following categories, and to the limits
specified, policies of which are issued by Insurance Companies that have a Best's Rating of
"A, Class V" or better, or shall meet with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's Liability Insurance
coverage in the amount set forth in the attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business Automobile Insurance
coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied
separately to each project away from premises owned or rented by Consultant, which
names City as an Additional Insured, and which is primary to any policy which the City may
otherwise carry ("Primary Coverage"), and which treats the employees of the City in the
same manner as members of the general public ("Cross-liability Coverage").
Standard Form Two-Party Agreement (13'h Revision)
Page 3
'f
Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9,
unless Errors and Omissions coverage is included in the General Liability policy.
G. Proof of Insurance Coverage.
(1) Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein required, prior to the
commencement of services required under this Agreement, by delivery of Certificates of
I nsurance demonstrating same, and further indicating that the policies may not be canceled
without at least thirty (30) days written notice to the Additional Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage, Primary Coverage
and Cross-liability Coverage required under Consultant's Commercial General Liability
Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating
same, which shall be reviewed and approved by the Risk Manager.
H. Security for Performance.
(1) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant
to provide a Performance Bond (indicated by a check mark in the parenthetical space
immediately preceding the subparagraph entitled "Performance Bond"), then Consultant
shall provide to the City a performance bond by a surety and in a form and amount
satisfactory to the Risk Manager or City Attorney which amount is indicated in the space
adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant
to provide a Letter of Credit (indicated by a check mark in the parenthetical space
immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall
provide to the City an irrevocable letter of credit callable by the City at their unfettered
discretion by submitting to the bank a letter, signed by the City Manager, stating that the
Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued
by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney
which amount is indicated in the space adjacent to the term, "Letter of Credit", in said
Paragraph 1 g, Exhibit A.
(3) Other Security
Standard Form Two-Party Agreement (13'h Revision)
Page 4
I~. ; .
In the event that Exhibit A, at Paragraph 1 g, 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.
I. Business License
Consultant agrees to obtain a business license from the City and to otherwise
comply with Title 5 of the Chula Vista Municipal Code.
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing the progress
of the Defined Services and Schedule therein contained, and to provide direction and
guidance to achieve the objectives of this agreement The City shall permit access to its
office facilities, files and records by Consultant throughout the term of the agreement In
addition thereto, City agrees to provide the information, data, items and materials set forth
on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of
these materials beyond 30 days after authorization to proceed, shall constitute a basis for
the justifiable delay in the Consultant's performance of this agreement
B. Compensation
Upon receipt of a properly prepared billing from Consultant submitted to the City
periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than
monthly, on the day of the period indicated in Exhibit A. Paragraph 18, City shall
compensate Consultant for all services rendered by Consultant according to the terms and
conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation
relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the
requirements for retention set forth in paragraph 19 of Exhibit A. and shall compensate
Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain sufficient information as to the
propriety of the billing to permit the City to evaluate that the amount due and payable
thereunder is proper, and shall specifically contain the City's account number indicated on
Exhibit A. Paragraph 18 (C) to be charged upon making such payment
3. Administration of Contract
Each party designates the individuals ("Contract Administrators") indicated on
Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said
party to represent them in the routine administration of this agreement
Standard Form Two-Party Agreement (13'h Revision)
Page 5
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 14.
It is acknowledged by both parties that time is of the essence in the completion of
this Agreement. It is difficult to estimate the amount of damages resulting from delay in
performance. The parties have used their judgment to arrive at a reasonable amount to
compensate for delay.
Failure to complete the Defined Services within the allotted time period specified in
this Agreement shall result in the following penalty: For each consecutive calendar day in
excess of the time specified for the completion of the respective work assignment or
Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum
of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages
Rate").
Time extensions for delays beyond the consultant's control, other than delays
caused by the City, shall be requested in writing to the City's Contract Administrator, or
designee, prior to the expiration of the specified time. Extensions of time, when granted,
will be based upon the effect of delays to the work and will not be granted for delays to
minor portions of work unless it can be shown that such delays did or will delay the
progress of the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer",
Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act
conflict of interest and disclosure provisions, and shall report economic interests to the City
Clerk on the required Statement of Economic Interests in such reporting categories as are
specified in Paragraph 15 of Exhibit A, or if none are specified. then as determined by the
City Attorney.
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
Standard Form Two-Party Agreement (13th Revision)
Page 6
influence a governmental decision in which Consultant knows or has reason to know
Consultant has a financial interest other than the compensation promised by this
Agreement.
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
warrants and represents that Consultant has diligently conducted a search and inventory of
Consultant's economic interests, as the term is used in the regulations promulgated by the
Fair Political Practices Commission, and has determined that Consultant does not, to the
best of Consultant's knowledge, have an economic interest which would conflict with
Consultant's duties under this agreement.
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
further warrants and represents that Consultant will not acquire, obtain, or assume an
economic interest during the term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
further warrants and represents that Consultant will immediately advise the City Attorney of
City if Consultant learns of an economic interest of Consultant's which may result in a
conflict of interest for the purpose of the Fair Political Practices Act, and regulations
promulgated thereunder.
F. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's
immediate family members, nor Consultant's employees or agents ("Consultant
Associates") presently have any interest, directly or indirectly, whatsoever in any property
which may be the subject matter of the Defined Services, or in any property within 2 radial
miles from the exterior boundaries of any property which may be the subject matter of the
Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15.
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to Consultant
or Consultant Associates in connection with Consultant's performance of this Agreement.
Consultant promises to advise City of any such promise that may be made during the Term
of this Agreement, or for 12 months thereafter.
Standard Form Two-Party Agreement (13th Revision)
Page 7
/'
Consultant agrees that Consultant Associates shall not acquire any such Prohibited
Interest within the Term of this Agreement, or for 12 months after the expiration of this
Agreement, except with the written permission of City.
Consultant may not conduct or solicit any business for any party to this Agreement,
or for any third party which 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 the conduct of
the Consultant, or any agent or employee, subcontractors, or others in connection with the
execution of the work covered by this Agreement, except only for those claims arising from
the sole negligence or sole willful misconduct of the 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. Further, Consultant at its own
expense shall, upon written request by the City, defend any such suit or action brought
against the City, its officers, agents, or employees. Consultants' indemnification of City
shall not be limited by any prior or subsequent declaration by the Consultant.
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.
Standard Form Two.Party Agreement (13'h Revision)
Page 8
10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by giving specific
written notice to Consultant of such termination and specifying the effective date thereof, at
least thirty (30) days before the effective date of such termination. In that event, all finished
and unfinished documents and other materials described hereinabove shall, at the option of
the City, become City's sole and exclusive property. If the Agreement is terminated by City
as provided in this paragraph, Consultant shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such documents and other materials
to the effective date of such termination. Consultant hereby expressly waives any and all
claims for damages or compensation arising under this Agreement except as set forth
herein.
11. Assignability
The services of Consultant are personal to the City, and Consultant shall not assign
any interest in this Agreement, and shall not transfer any interest in the same (whether by
assignment or novation), without prior written consent of City. City hereby consents to the
assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to
the subconsultants identified thereat as "Permitted Subconsultants".
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans, procedures,
systems and any other materials or properties produced under this Agreement shall be the
sole and exclusive property of City. No such materials or 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
Standard Form Two-Party Agreement (13'h Revision)
Page 9
\
payroll tax, and Consultant shall be solely responsible for the payment of same and shall
hold the City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement, against the City
unless a claim has first been presented in writing and filed with the City and acted upon by
the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista
Municipal Code, as same may from time to time be amended, the provisions of which are
incorporated by this reference as if fully set forth herein, and such policies and procedures
used by the City in the implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City for the
purpose of resolving any dispute over the terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that the
prevailing party shall be entitled to a judgment against the other for an amount equal to
reasonable attorney's fees and court costs incurred. The "prevailing party" shall be
deemed to be the party who is awarded substantially the relief sought.
16. Statement of Costs
In the event that Consultant prepares a report or document, or participates in the
preparation of a report or document in performing the Defined Services, Consultant shall
include, or cause the inclusion of, in said report or document, a statement of the numbers
and cost in dollar amounts of all contracts and subcontracts relating to the preparation of
the report or document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have no authority to
act as City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their
principals is/are licensed with the State of California or some other state as a licensed real
estate broker or salesperson. Otherwise, Consultant represents that neither Consultant,
nor their principals are licensed real estate brokers or salespersons.
C. Notices
Standard Form Two-Party Agreement (13'h Revision)
Page 10
/ j I,
All notices, demands or requests provided for or permitted to be given pursuant to
this Agreement must be in writing. All notices, demands and requests to be sent to any
party shall be deemed to have been properly given or served if personally served or
deposited in the United States mail, addressed to such party, postage prepaid, registered
or certified, with return receipt requested, at the addresses identified herein as the places of
business for each of the designated parties.
D. Entire Agreement
This Agreement, together with any other written document referred to or
contemplated herein, embody the entire Agreement and understanding between the parties
relating to the subject matter hereof. Neither this Agreement nor any provision hereof may
be amended, modified, waived or discharged except by an instrument in writing executed
by the party against which enforcement of such amendment, waiver or discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the other party
that it has legal authority and capacity and direction from its principal to enter into this
Agreement, and that all resolutions or other actions have been taken so as to enable it to
enter into this Agreement.
F. Governing LawNenue
This Agreement shall be governed by and construed in accordance with the laws of
the State of California. Any action arising under or relating to this Agreement shall be
brought only in the federal or state courts located in San Diego County, State of California,
and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this
Agreement, and performance hereunder, shall be the City of Chula Vista.
[end of page. next page is signature page.]
Standard Form Two-Party Agreement (131h Revision)
Page 11
Signature Page
to
Agreement between City of Chula Vista and DUDEK and Associates, Inc.
for Environmental Services Related to the Chula Vista
Multiple Species Conservation Program (MSCP) Subarea Plan
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:
February [;l, 2002
City of Chula Vista
Attest:
-::- -411 I. 1 """F3 '~ ~ c)...-/
Susan Bigelow, City CI rk
Approved as to form:
e .~
/Y~~I
Joh'! . Kaheny, City Attorney
Dated:
DUDEK and Associates, Inc.
A Californi Corporation
resident .7- t> Z-
...k6~ ~Z.71.of
Exhibit List to Agreement:
( X) Exhibit A
Standard Form Two-Party Agreement (13lh Revision)
Page 12
Exhibit A
to
Agreement between
City of Chula Vista
and
DUDEK and Associates, Inc.
1. Effective Date of Agreement: February _, 2002
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 of Chula Vista, a
( )
Other:
business form]
a [insert
("City")
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant:
DUDEK and Associates, Inc.
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X ) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
Standard Form Two-Party Agreement (13th Revision)
Page 13
DUDEK and Associates, Inc.
605 Third Street
Encinitas, CA 92024
Voice Phone: (760) 942-5147
Fax Phone: (760) 632-8710
7. General Duties: Provide Environmental Services for the preparation of the phase one
environmental document, in the form of a first screencheck EIR/EA, for the revised Draft
MSCP Subarea Plan, all to the satisfaction of the City's Environmental Review Coordinator.
8. Scope of Work and Schedule:
A. Scope of Work for the phase one environmental document (Ufirst screencheck
EIR/EAU) for the revised Draft MSCP Subarea Plan:
DUDEK will work closely with the City of Chula Vista staff and shall ensure that the first
screencheck EIR/EA for the revised Draft MSCP Subarea Plan meets the City's needs.
The first screencheck EIR/EA shall comply completely with the criteria, standards and
procedures of the California Environmental Quality Act of 1970 (Public Resources Code
Sections 21000 et seq.), the State CEQA Guidelines (California Admin. Code Section
15000 et seq.), the National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. Section
432 et seq.), the Environmental Review Procedures of the City of Chula Vista and the
regulations, requirements and procedures of any other responsible public agency or any
agency with jurisdiction by law. The EIR/EA will, as appropriate, focus the analysis on the
additional changes that have been made to the revised Draft MSCP Subarea Plan, as well
as changes in environmental conditions, since certification on October 17, 2000 of the
Addendum to the Final EIR/EIS. If there are any conflicts between the City of Chula Vista's
requirements and those of another agency, the City of Chula Vista's shall prevail. All
Detailed Services described herein shall be performed by DUDEK to the satisfaction of the
Environmental Review Coordinator.
The first screencheck EIR/EA shall provide an evaluation of feasible mitigation measures
which could be carried out to reduce or eliminate adverse impacts of the proposed project.
The document shall also analyze feasible alternatives to the project as proposed. The first
screencheck EIR/EA shall specify which mitigation measures have been incorporated into
the project and which feasible mitigation measures have not, but which could be
incorporated as part of the project. The report shall also identify feasible alternatives which
could reduce the adverse impacts but are not proposed.
The first screencheck EIR/EA shall be prepared in such a manner that it will be meaningful
and useful to decision makers and to the public. Technical data shall be summarized in the
body of the report and placed in an appendix. All public documents shall be prepared in
accordance with the standards of the California Association of Environmental
Standard Form Two-Party Agreement (13" Revision)
Page 14
Professionals. All documents shall be prepared in Microsoft Word 2000.
Phase One Environmental Document Tasks
Task 1: Notice of Preparation
DUDEK will prepare a draft Notice of Preparation (NaP) (Deliverable No.1). City staff will
review the draft Nap and, if necessary provide comments to DUDEK. DUDEK shall
incorporate the City's comments and provide the City with a final Nap (Deliverable No.2).
DUDEK shall, in consultation with the City of Chula Vista, distribute the document to the
State Clearinghouse, each Responsible Agency, each Trustee Agency, and public
agencies, organizations and individuals that may be affected by the project. The final Nap
(Deliverable No.2) will be made available for public review at local libraries and other
appropriate locations. Comments received during the 30-day public review period will be
used to finalize the scope of the EIR/EA.
Task 2: - First Screencheck EIRlEA
The following is an outline of the environmental issues that would have the potential to
result in environmental impacts, and that shall be addressed in the first screencheck
EI R/EA
a. Land Use
The first screen check EIR/EA will address existing and planned land uses, and assess the
impact of the proposed Subarea Plan on these land uses. This analysis will focus on the
Preserve design, as well as the policies and requirements of the Subarea Plan and the
effect that they will have in maintaining existing land uses and implementing proposed land
uses. The City of Chula Vista has adopted General Plan policies designed to protect
selected environmental resources such as the Chula Vista greenbelt open space system.
In addition, the Otay Ranch Resource Management Plan includes policies regarding
conservation and management of natural resources within the Otay Ranch. Other
applicable land use policies and ordinances not contained in the General Plan include
hillside regulations for steep slopes (25%), a floodplain review ordinance, and quality of life
threshold standards. The EIR/EA will evaluate all of these planning efforts in the context of
the Subarea Plan, and identify any conflicts that may arise from implementation of the
Subarea Plan.
The first screencheck EIR/EA will also evaluate existing agricultural and extractive
resources within the Subarea Plan, and analyze how the plan will affect existing and future
operations for these uses. The City of Chula Vista contains lands that have been
designated as Locally Important Farmland, as defined by the California Department of
Conservation (CDC). The first screencheck EIR/EA will contain a discussion and graphic
representation of these areas, as well as areas historically used for livestock grazing.
Standard Form Two-Party Agreement (13'h Revision)
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Some of these uses currently exist, however, land use approvals for the areas currently
used for these activities have been granted that would allow for development of urban land
uses. Any agricultural operations that would be adversely affected by the Subarea Plan will
be identified in the first screencheck EIR/EA.
Within the City of Chula Vista, there are also lands classified by the State Mining and
Geology Board as having significant mineral deposits, or having a high likelihood for the
presence of such resources. There are currently two substantial mining operations within
the City, both are in the Otay RiverValley area. Implementation of the Subarea Plan could
adversely affect these uses by restricting activities associated with mineral extraction. The
first screencheck EIR/EA will fully evaluate the potential impacts to the uses.
b. Biological Resources
The first screencheck EIR/EA will discuss existing vegetation communities, sensitive
habitats, and sensitive species. This discussion will be based on existing biological data
available from the MSCP regional mapping efforts, other EIR biological studies (including
the Quino Checkerspot Butterfly HCP analysis prepared for the revised Draft MSCP
Subarea Plan) and regional databases such as the California Natural Diversity Data Base.
The analysis in the first screencheck EIR/EA will consider the additional conservation
provided in the revised Draft MSCP Subarea Plan, as well as consider the additional listing
of species and critical habitat designations, that have occurred since certification of the
Addendum to the EIR/EIS. The conservation analysis conducted for both the regional
MSCP plan and the City of Chula Vista Subarea Plan will be used to evaluate impacts to
species and habitats.
The primary purpose of the Subarea Plan is to plan for the protection for identified sensitive
biological resources while at the same time allowing development ("take" of species) to
occur in less sensitive areas of the City. The allowance for take will be weighed against the
conservation provided by the plan and the resulting analysis will be documented in the first
screencheck EIR/EA. Conservation and management for covered species also has the
potential to adversely affect non-covered species. The first screen check EIR/EA will
evaluate potential impacts to non-covered species as a result of implementation of the
Subarea Plan.
c. Transportation ICirculation
The city-wide network of transportation facilities provides the basic transportation network
used for the movement of people and goods in the City of Chula Vista. To accommodate
population and development growth in the city, the General Plan Circulation Element
includes planned roadways and transit facilities. Some of these facilities would potentially
traverse areas planned to become part of the Preserve, and others may result in adverse
edge effects upon the Preserve. The Subarea Plan includes provisions for transportation
facilities to be located within the Preserve, subject to conditions. The first screencheck
Standard Form Two-Party Agreement (13'h Revision)
Page 16
EIR/EA will evaluate the ability of the City to implement the General Plan Circulation
Element, and other planned transportation facilities in conjunction with the proposed
Subarea Plan. In addition, the first screencheck EIR/EA will evaluate the potential impact
of proposed transportation facilities on the Preserve, and evaluate the ability to achieve the
goals and objectives of the Subarea Plan with the proposed facilities.
d. Public Services and Utilities
Public services and utilities provided by the City of Chula Vista and other public and private
utilities that shall be discussed in the first screencheck EIR/EA include the following:
Water Distribution
Water distribution facilities are identified for the purpose of the first screencheck EIR/EA as
pipelines, aqueducts, water treatment plants, pump stations, and storage reservoirs. The
first screencheck EIR/EA will evaluate the impacts associated with implementation of the
Subarea Plan upon the existing and planned water distribution facilities in the City.
Wastewater Collection, and Disposal
Wastewater collection and disposal facilities include wastewater pipelines, and pump
stations. An analysis of impacts related to the ability to implement the proposed
wastewater collection and disposal facilities, in consideration of the policies and restrictions
contained in the Subarea Plan will be evaluated in the first screencheck EIR/EA.
Solid Waste Collection, Disposal Sites (Landfills), and Recycling
Solid waste collection, landfills, and recycling facilities include landfill sites, transfer
stations, and composting and material recovery facilities. The Otay Landfill is surrounded
by the City of Chula Vista but is not within the City's jurisdiction, nor part of the Subarea
Plan. Any impacts related to provision of solid waste disposal service resulting from
implementation of the Subarea Plan will be addressed in the first screencheck EIR/EA.
Fire Protection
Fire protection services include fire stations, fire trucks and fire fighting apparatus, and
paramedic/emergency services. Within the Subarea Plan, the City of Chula Vista provides
fire protection services. The impact of the Subarea Plan upon the provision of fire
suppression and prevention activities will be evaluated in the first screen check EIR/EA
document.
Police Protection
Police protection services include police stations, patrol cars, and holding facilities. Within
Standard Form Two-Party Agreement (13'h Revision)
Page 17
Or
the Subarea Plan, the City of Chula Vista provides police protection services. It is not
anticipated that the Subarea Plan would have adverse effects on the provision of law
enforcement services, however, the first screen check EIR/EA will fully document this issue
and the findings of the analysis.
School Facilities
School facilities include elementary, middle, and high school sites and facilities. School
facilities within the Subarea Plan are provided by the Sweetwater Union High School
District and the Chula Vista Elementary School District. Existing and proposed school
facilities have been planned in conjunction with land use planning. Potential impacts that
could result from implementation of the Subarea Plan on existing or planned school
facilities will be addressed in the first screencheck EIR/EA.
Park Facilities
Park facilities are generally classified as either passive or active parks. Active parks
generally are developed parks associated with school facilities or residential development.
These parks generally have playing fields or play areas and contain limited native species
or features. Passive parks generally are located within open space/preserve areas, such
as the Otay River Valley Regional Park. The first screencheck EIR/EA will evaluate any
potential impacts that may result from implementation of the Subarea Plan on the ability to
continue existing recreational activities or implement proposed activities.
Enerqy
Natural gas and electrical facilities are generally owned by private utilities and include
transmission pipelines and associated easements. Natural gas and electric distribution
within the Subarea Plan is provided by the San Diego Gas and Electric Company (SDG&E).
Maintenance of existing facilities and extension of new facilities to serve planned
development may result in impacts to proposed Preserve areas. The first screencheck
EIR/EA will evaluate the ability to maintain and/or construct these facilities with the
implementation of the proposed Subarea Plan.
e. Population and Housing
This section will address existing and proposed population and housing and relate
anticipated growth to the conservation goals set forth in the Subarea Plan. The first
screencheck EIR/EA will include an analysis of the compatibility between conservation
goals and planning that has been done to accommodate new growth expected within the
Subarea Plan. This section of the analysis will include a discussion of any potential growth-
inducing impacts associated with implementation of the Subarea Plan.
Standard Form Two-Party Agreement (13th Revision)
Page 18
f. Alternatives
The first screencheck EIR/EA will evaluate a reasonable range of project alternatives,
pursuant to the requirements of the CEQA Guidelines, and in a manner that meets NEPA
requirements (equivalent analysis of alternative proposals). It is anticipated that
alternatives discussed will include the "No Project" alternative, and one or more alternatives
to the Subarea Plan. This section may be reliant upon the alternatives analysis contained
in the Final EIR/EIS for the MSCP.
g. Other Environmental Issues
The first screencheck EIR/EA will address all other mandatory topics, as required by CEQA
and NEPA, including cumulative impacts, social issues and other required topics.
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 - Draft NOP (2/19/02)
Deliverable: No. 2 - Final NOP (2/26/02)
Deliverable: No. 3 - Ten copies of the Phase One Environmental
Document/First Screencheck EIR/EA (2/28/02)
D. Date for completion of all Consultant services:
February 28, 2002, or upon submittal of the Phase One Environmental
Document - First Screencheck EIR/EA whichever occurs earlier.
9. Insurance Requirements:
( X) Statutory Worker's Compensation Insurance
( X) Employer's Liability Insurance coverage: $1,000,000.
( X) Commercial General Liability Insurance: $1,000,000.
( ) Errors and Omissions insurance: None Required (included in Commercial
General Liability coverage).
( X) Errors and Omissions Insurance: $250,000 (not included in Commercial
General Liability coverage).
Standard Form Two-Party Agreement (13'h Revision)
Page 19
10. Materials Required to be Supplied by City to Consultant:
Project Description
Draft Revised Subarea Plan
Revised Draft Implementing Ordinances
11. 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:
(X) Single Fixed Fee Amount: $32,900 payable as follows:
Milestone or Event
1. Submittal of Phase One Environmental Document
First Screencheck EIR/EA *
2. 25% Contingency Fee**
Amount of Fixed Fee
$32,900
$8,225
*For purposes of payment the first screen check EIR/EA shall address and analyze
all issues identified in the detailed scope-of-work (described in Exhibit "A", Section
5) to the satisfaction of the Environmental Review Coordinator. Payment shall be
withheld until the Environmental Review Coordinator determines that a complete
document has been submitted.
**The Environmental Review Coordinator in her discretion independently or upon
request from the Consultant. from time to time, may negotiate additional services to
be performed by the Consultant under this Agreement in order to cover unforeseen
issues that may be identified during the preparation of the environmental document
("Additional Services"). The cost of Additional Services in connection with the
environmental document shall not exceed 25% of the total contract amount
($8,225).
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 which must be returned to the City if the Phase is not
satisfactorily completed. If the Phase is satisfactorily completed, the
Standard Form Two-Party Agreement (13'h Revision)
Page 20
I.
1
! !
City shall receive credit against the compensation due for that phase.
The retention amount or percentage set forth in Paragraph 19 is to be
applied to each interim payment such that, at the end of the phase,
the full retention has been held back from the compensation due for
that phase. Percentage of completion of a phase shall be assessed in
the sole and unfettered discretion by the Contracts Administrator
designated herein by the City, or such other person as the City
Manager shall designate, but only upon such proof demanded by the
City that has been provided, but in no event shall such interim
advance payment be made unless the Contractor shall have
represented in writing that said percentage of completion of the phase
has been performed by the Contractor. The practice of making interim
monthly advances shall not convert this agreement to a time and
materials basis of payment.
B. () 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 City shall have issued a notice to
proceed to Consultant as to said Phase.
() 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 which must be returned to the City if the Phase is not
satisfactorily completed. If the Phase is satisfactorily completed, the
City shall receive credit against the compensation due for that phase.
The retention amount or percentage set forth in Paragraph 19 is to be
applied to each interim payment such that, at the end of the phase,
the full retention has been held back from the compensation due for
that phase. Percentage of completion of a phase shall be assessed in
the sole and unfettered discretion by the Contracts Administrator
designated herein by the City, or such other person as the City
Manager shall designate, but only upon such proof demanded by the
City that has been provided, but in no event shall such interim
advance payment be made unless the Contractor shall have
represented in writing that said percentage of completion of the phase
Standard Form Two-Party Agreement (13th Revision)
Page 21
~ .
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
hereinbelow 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
writing and approved by the City. Nothing herein shall preclude Consultant
from providing additional Services at Consultant's own cost and expense.
Consultant's Rate Schedule
Cateqory of Employee
Senior Project Manager
Environmental Specialist/Planner IV
Environmental Specialist/Planner III
Environmental Specialist/Planner I
Environmental Specialist/Planner I
Environmental Specialist/Planner I
GIS Technician
Computer Processing
Name'
Hourly Rate
Joseph Monaco
Sherri Miller
Mike Komula
Myloc Nguyen
Drew Garner
Vipul Joshi
Martie Clemons
Tonette Foster
$135.00
$100.00
$ 90.00
$ 65.00
$ 6500
$ 65.00
$ 90.00
$ 6500
Standard Form Two-Party Agreement (13'h Revision)
Page 22
* The City may, in its discretion, permit other individuals to substitute for those named
above.
() Hourly rates may increase by 6% for services rendered after July,
2002, if delay in providing services is caused by City.
Consultant's Cost Breakdown
L~~
1. PREPARE NOP
2. PREPARE FIRST SCREENCHECK EIRfEA
Land Use
Biological Resources
Traffic Circulation
Public Services and Utilities
Population and Housing
$3,800
$6,400
$2,700
$4,600
$4,800
Alternatives
Other Environmental Sections
$5,500
$4,300
Direct Costs
$ 800
TOTAL
$32,900
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the performance of
services herein required, City shall pay Consultant at the rates or amounts set forth below:
( X) None, the compensation includes all costs.
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 $
Standard Form Two-Party Agreement (13'h Revision)
Page 23
13. Contract Administrators:
City:
Marilyn RF. Ponseggi
Environmental Review Coordinator
Planning and Building Department
276 Fourth Avenue
Chula Vista, CA 91910
Phone # (619) 585-5707
Consultant:
DUDEK and Associates, Inc.
Joseph Monaco
605 Third Street
Encinitas, CA 92024
Phone (760) 942-5147
14. Liquidated Damages Rate:
( ) $ per day.
( ) Other:
15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of
Interest Code:
( X ) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
() Category NO.1. Investments and sources of income.
() Category No.2. Interests in real property.
() Category No.3. Investments, interest in real property and sources of
income subject to the regulatory, permit or licensing authority of the
department.
() Category NO.4. Investments in business entities and sources of
income which 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..
Standard Form Two-Party Agreement (13'h Revision)
Page 24
//
() 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:
16. ( ) Consultant is Real Estate Broker and/or Salesman
17. Permitted Subconsultants:
None
18. Bill Processing
A. Consultant's Billing to be submitted for the following period of time:
) Monthly
( ) Quarterly
( X) Other: Milestones
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
( ) End of the Month
( X ) Other: Milestones
C. City's Account Number: To be provided later
19. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Standard Form Two-Party Agreement (13th Revision)
Page 25
\..'
Amount: $
() Retention. If this space is checked, then notwithstanding other provisions to
the contrary requiring the payment of compensation to the Consultant
sooner, the City shall be 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:
( ) Retention Percentage:
( ) Retention Amount: $
Retention Release Event:
( ) Completion of All Consultant Services to the satisfaction of the
City's Environmental Review Coordinator.
( ) Other:
H:\PlANNING\MaryL\DUDEK Contract 021202.doc
Standard Form Two-Party Agreement (13th Revision)
Page 26
! /
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE FIFTH AMENDMENT TO THE
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MNA
CONSULTING FOR LAND USE CONSULTING SERVICES RELATED
TO THE FINAL DRAFT MSCP SUBAREA PLAN, IMPLEMENTING
ORDINANCES, AND IMPLEMENTING AGREEMENT, AND
AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT TO SAID
AGREEMENT
WHEREAS, on April 13, 1999 the City Council approved Resolution 19430 for a
$127,000 Agreement with MNA Consulting for land use consulting services related to the City's
preparation of the Multiple Species Conservation Program (MSCP) Subarea Plan ("Original
Agreement"); and
WHEREAS, on November 30, 1999 the City Council approved Resolution 19674 for a
$77,760 amendment to the Agreement with MNA Consulting for additional land use consulting
services related to the City's preparation of the MSCP Subarea Plan; and
WHEREAS, on June 20, 2000 the City Council approved Resolution 2000-215 for a
$142,200 amendment to the Agreement with MNA Consulting for additional land use consulting
services related to the City's preparation of the MSCP Subarea Plan; and
WHEREAS, on October 17, 2000 the City Council of the City of Chula Vista adopted a
Draft MSCP Subarea Plan, dated October 9, 2000; and,
WHEREAS, on November 14, 2000 the City Council approved Resolution 2000-423 for
a $226,025 amendment to the Agreement with MNA Consulting for additional land use
consulting services related to the City's preparation ofthe MSCP Subarea Plan; and
WHEREAS, City staff prepared three draft MSCP implementing ordinances and
negotiated with the U.S. Fish and Wildlife Service and California Department ofFish and Game
("Wildlife Agencies") to draft the Implementing Agreement from November 2000 through June
2001; and
WHEREAS, on February 12, 2002 the City Council approved Resolution 2002-040 for a
$47,000 amendment to the Agreement with MNA Consulting for additional land use consulting
services related to the City's preparation ofthe MSCP Subarea Plan; and
WHEREAS, as part of continuing work necessary to complete a final Draft MSCP
Subarea Plan for submittal to the Wildlife Agencies, the Consultant shall coordinate with City
GIS staff, provide assistance to the City Attorney on completion ofthe Implementing
Agreement, serve as an advisor to City on completion of three MSCP implementing ordinances,
make final revisions to the Subarea Plan including to the changed circumstances, wetlands, and
- /
funding section, provide the City with a camera-ready final Draft MSCP Subarea Plan suitable
for reproduction and submittal to the Wildlife Agencies, attend hearings and meetings, prepare
other necessary supplementary documents, and facilitate issuance of the Take Authorization
form the Wildlife Agencies; and,
WHEREAS, Consultant warrants and represents that they are experienced and staffed in
a manner such that they are and can prepare and deliver the services required of Consultant to
City within the time frames herein provided all in accordance with the terms and conditions of
this Agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the Fifth Amendment to the Agreement with MNA Consulting for
Land Use Consulting Services related to the final Draft MSCP Subarea Plan, a copy of which
shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does
hereby authorize the Mayor to execute the Fifth Amendment to the Agreement between the City
and MNA Consulting.
Presented by:
Approved as to form:
Robert A. Leiter
Planning and Building Director
:~({l!!-1 ~
John Nr'.. eny
City Attorney
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
({; 0ytA 'Crt
~M. Kaheny ~
City Attorney
Dated: ~ ~ I ~ 0 L-
5th Amendment Between City of C.V. and MNA for Land Use Consulting Re
Final Draft MSCP Subarea Plan
FIFTH AMENDMENT TO
the Agreement between
City of Chula Vista
and
MNA Consulting, a California Corporation
for Consulting Services Related to the Chula Vista
Multiple Species Conservation Program (MSCP) Subarea Plan
This Fifth Amendment is entered into effective as of May _, 2002 by and between the
City of Chula Vista ("City") and MNA Consulting, a California Corporation ("Consultant"), with
reference to the following facts:
Recitals
WHEREAS, on April 13, 1999 the City Council approved Resolution 19430 for a $127,000
Agreement with MNA Consulting for land use consulting services related to the City's preparation
ofthe Multiple Species Conservation Program (MSCP) Subarea Plan ("Original Agreement"); and
WHEREAS, on November 30, 1999 the City Council approved Resolution 19674 for a
$77,760 amendment to the Agreement with MNA Consulting for additional land use consulting
services related to the City's preparation of the MSCP Subarea Plan; and
WHEREAS, on June 20, 2000 the City Council approved Resolution 2000-215 for a
$142,200 amendment to the Agreement with MNA Consulting for additional land use consulting
services related to the City's preparation of the MSCP Subarea Plan; and
WHEREAS, on October 17,2000 the City Council of the City ofChula Vista adopted a Draft
MSCP Subarea Plan, dated October 9, 2000; and,
WHEREAS, on November 14,2000 the City Council approved Resolution 2000-423 for a
$226,025 amendment to the Agreement with MNA Consulting for additional land use consulting
services related to the City's preparation of the MSCP Subarea Plan; and
WHEREAS, City staff prepared three draft MSCP implementing ordinances and negotiated
with the U.S. Fish and Wildlife Service and California Department of Fish and Game ("Wildlife
Agencies") to draft the Implementing Agreement from November 2000 through June 2001; and
WHEREAS, on February 12,2002 the City Council approved Resolution 2002-040 for a
$47,000 amendment to the Agreement with MNA Consulting for additional land use consulting
services related to the City's preparation of the MSCP Subarea Plan; and
WHEREAS, as part of continuing work necessary to complete a final Draft MSCP Subarea
Plan for submittal to the Wildlife Agencies, the Consultant shall coordinate with City GIS staff,
provide assistance to the City Attorney on completion of the Implementing Agreement, serve as an
advisor to City on completion of three MSCP implementing ordinances, make final revisions to the
Subarea Plan including to the changed circumstances, wetlands, and funding section, provide the
Standard Fonn Two Party Agreement (13" Revision)
H:\PLANNING\Maryl,\050702 DOCllmcnts\MNA Contract5thAm.doc
Page I
City with a camera-ready final Draft MSCP Subarea Plan suitable for reproduction and submittal to
the Wildlife Agencies, attend hearings and meetings, prepare other necessary supplementary
documents, and facilitate issuance of the Take Authorization form the Wildlife Agencies; and,
WHEREAS, Consultant warrants and represents that they are experienced and staffed in a
manner such that they are and can prepare and deliver the services required of Consultant to City
within the time frames herein provided all in accordance with the terms and conditions of this
Agreement;
NOW, THEREFORE, in consider of the recital and the mutual obligation ofthe parties set
forth herein, City and Consultant agree as follows:
I. Exhibit A, Section 8A of the Original Agreement, as amended, entitled Scope of Work and
Schedule, Detailed Scope of Work, is hereby amended to add the following paragraphs:
The following detailed Scope of Work shall be performed by the Consultant to the
satisfaction of the Director of Planning and Building:
A. Consultant shall revise the changed circumstances, wetlands, and funding sections of
the Draft MSCP Subarea Plan and incorporate other minor changes as provided by
the Wildlife Agencies and agreed to by the City. Consultant shall provide the City
with revised sections of the Subarea Plan for review and comment (Deliverable No.
12);
B. Consultant shall coordinate with City GIS staff to complete any revised GIS-
generated graphics and acreages for the final Draft MSCP Subarea Plan;
C. Once the City has reviewed, revised or commented upon, and approved the revisions
to the changed circumstances, wetlands, and funding sections of the Subarea Plan,
Consultant shall incorporate any additional revisions. Consultant shall provide the
City with a camera-ready copy of the Final Draft MSCP Subarea Plan and
Appendices suitable for reproduction and submittal to the Wildlife Agencies. An
electronic version (in Microsoft Word 2000) shall also be provided to the City
(Deliverable No. 13). Consultant shall coordinate the production of copies of the
Subarea Plan with the City's printing vendor;
D. Consultant shall prepare letters, memoranda, and other supplementary documents as
requested and to the satisfaction of the City's MSCP Project Manager and/or Director
of Planning and Building;
E. Consultant shall serve as an advisor to City on completion of three MSCP
implementing ordinances;
F. Consultant shall coordinate and provide assistance to the City Attorney on the
completion of the MSCP Implementing Agreement;
Standard Form Two Party Agreement (l3'" Revision)
H:\PLANNING\MaryL\OS0702 Documents\rvJNA Contract5thAm.doc
Page 2
G. Consultant shall attend weekly MSCP update meetings with City staff, as determined
necessary by the City's MSCP Project Manager, until completion of the contract;
H. Consultant shall attend meetings with MSCP Management and shall provide
necessary meeting materials to the satisfaction of the City's MSCP Project Manager;
1. Consultant shall attend MSCP Developer meetings and shall provide necessary
meeting materials to the satisfaction of the City's MSCP Project Manager;
1. Consultant shall attend meetings with the Wildlife Agencies and shall provide
necessary meeting materials to the satisfaction of the City's MSCP Project Manager;
K. Consultant shall provide draft responses to comments submitted during the public
review period of the Final Draft Subarea Plan. The City and Wildlife Agencies shall
review the draft responses and provide the consultant with written comments. The
Consultant shall make any necessary revisions to the Draft Subarea Plan, as
determined necessary and directed by the City's MSCP Project Manager and/or
Director of Planning and Building;
L. Consultant shall prepare and provide to the City a reproducible copy of the Final
Subarea Plan and an electronic version in Microsoft Word 2000;
M. Consultant shall prepare the necessary materials for meetings/hearings of the
Resource Conservation Commission, Planning Commission, and City Council
including staff reports and presentation materials to the satisfaction of the Director of
Planning and Building. Consultant shall attend hearings scheduled for the Resource
Conservation Commission, Planning Commission, and City Council;
N. Consultant shall provide necessary coordination for the final Issuance of Take
Authorization from the Wildlife Agencies. At the direction of the City's MSCP
Project Manager, Consultant shall provide review of Biological Opinion for
consistency with Final Subarea Plan.
Standard Form Two Party Agreement (l3'h Revision)
H:\PLANNING\MaryL\050702 Documents\MNA ContractSthAm.doc
Page 3
/
2. Exhibit A, Section 8C ofthe Original Agreement, and as previously amended, entitled Dates
or Time Limits for Delivery of Deliver ables, is hereby amended to add the following:
Deliverable Due Date
No. 12 Revised Subarea Plan May 15, 2002
No. 13 Final Draft Subarea Pan May 31, 2002
No. 14 Meeting Materials Various
No. 15 Resource Conservation Commission August 5, 2002*
Meeting
No. 16 Draft Responses to Comments and draft September 13, 2002
Revisions to Subarea Plan
No.17 Final Responses to Comments and final September 30,2002
Revisions to Subarea Plan
No. 18 Final Subarea Plan October 9, 2002
No. 19 Planning Commission Hearing (2) September 4, 2002; and
October 16, 2002*
No. 20 City Council Hearing October 29, 2002*
* Hearing dates are subject to change by City.
3. Exhibit A, Section 8D ofthe Original Agreement, as amended, entitled Date for Completion
of all Consultant services, is hereby amended to read as follows:
December 31, 2002 or upon completion of tasks whichever occurs earlier, to the
satisfaction of the Director of Planning and Building.
4. Exhibit A, Section 11 CCl) of the Original Agreement, as amended, entitled Compensation,
Hourly Rate Arrangement, Not- To-Exceed Limitation on Time and Materials Arrangement
is hereby amended to add the following:
( X) 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 in this Fifth
Amendment for no more than $81,000.00 (with an additional $8,100 for additional
services should they be determined to be necessary) including all Materials, and
other "reimbursables" ("Maximum Compensation").
Standard Form Two Party Agreement (13th Revision)
H:\PLANNING\MaryL\050702 Documents\MNA CootractSthAm.doc
Page 4
j ~
i
CONSULTANT RATE SCHEDULE
Category of Employee of Consultant Name Hourly Rate
Senior Partner Laurie Madigan $ 150.00
Research Assistant II Stephanie Morrison $ 85.00
Research Assistant II Cyndi Alcantara $ 85.00
Research Assistant 1 Nathan Hibbs $ 65.00
Research Assistant I Donna Hale $ 65.00
COST BREAKDOWN BY T ASKlEMPLOYEE
Task SR. Partner RAIl RAI Total Task
($150/hour ) ($85/hour) ($65/hour) Cost
Tasks A, B, C, and D 160 50 150 $38,000
Tasks E and F 30 $ 4,500
Task G 64 $ 9,600
Task H 16 $ 2,400
Task I 10 $ 1,500
Task J 20 $ 3,000
Tasks K and L 60 20 40 $13,300
Task M (RCC) 6 $ 900
Task M (2 PC Hrgs.) 20 $ 3,000
Task M (1 CC Hrg.) 12 $ 1,800
Task N 20 $ 3,000
Total 403 70 190 $81,000
10% Contingency $ 8,100
Total Not-to-Exceed Cost $ 89,100
5. All other terms and conditions of the Original Agreement and Amendments thereto not
modified by this Fifth Amendment shall remain in full force and effect.
Standard Form Two Party Agreement (13th Revision)
H:\PLANNING\MaryL\050702 Documents\MNA ContractSthAm.doc
Page 5
,91'-
SIGNATURE PAGE TO FIFTH AMENDMENT TO
THE AGREEMENT BETWEEN CITY OF CHULA VISTA
AND MNA CONSULTING, A CALIFORNIA CORPORATION.
City of Chula Vista
MNA Consulting
Dba of McKinley Nielsen Associates, Inc.
By:
Shirley Horton, Mayor
Date:
Date:
11-~ !o ~
ATTEST:
Susan Bigelow, City Clerk
Approved as to form by:
John M. Kaheny, City Attorney
H:\PLANNING\MaryL\OS0702 Documents\MNA ContractSthAm.doc
Standard Fonn Two Party Agreement (13'h Revision)
Page 6
1-
I
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A ARST AMENDMENT TO THE
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
DUDEK AND ASSOCIATES, INC. FOR ENVIRONMENTAL
CONSULTING SERVICES FOR PREPARATION AND SUBMITTAL
OF ENVIRONMENTAL DOCUMENTS RELATED TO THE ANAL
DRAFT MSCP SUBAREA PLAN, AND AUTHORIZING THE MAYOR
TO EXECUTE AMENDMENT TO SAID AGREEMENT.
WHEREAS, the City Council adopted the September II, 2000 Draft Chula
Vista MSCP Subarea Plan on October 17, 2000; and
WHEREAS, City staff prepared draft MSCP implementing ordinances and
negotiated with the U.S. Fish and Wildlife Service and California Department ofFish
and Game ("Wildlife Agencies") to finalize the Implementing Agreement; and
WHEREAS, City staff prepared an Addendum to the MSCP Final EIR/EIR
(SCH No. 93121073), which was certified with the Draft MSCP Subarea Plan on
October 17, 2000; and
WHEREAS, based on the additional information about the Quino Checkerspot
Butterfly, the City believed it was prudent to add coverage for the Quino Checkerspot
Butterfly into the draft MSCP Subarea Plan prior to the Subarea Plan and associated
implementing documents being published in the Federal Register; and,
WHEREAS, the final Draft MSCP Subarea Plan will include information that
was not previously analyzed in the Addendum to the MSCP Final EIR/EIS prepared
for the Draft MSCP Subarea Plan, dated September 2000, and therefore further
environmental documentation is necessary; and
WHEREAS, on February 12, 2002 the City Council approved Resolution
2002-041 for an Agreement in the amount of $32,900 (with an additional $8,225 for
additional services should they be determined to be necessary) with Dudek and
Associates, Inc. for environmental services related to the Revised draft MSCP
Subarea Plan ("Original Agreement"); and
WHEREAS, as stated in the 2/12/02 Council Agenda Statement for the
Original Agreement, amendments to the agreement to complete the environmental
documentation were anticipated once the Wildlife Agencies reviewed the
administrative Draft MSCP Subarea Plan; and
WHEREAS, the City has prepared a screencheck environmental document for
the Revised Draft MSCP Subarea Plan and now desires to complete the
environmental document in anticipation of submitting a completed application to the
Wildlife Agencies in order to obtain an Incidental Take Permit this year; and
WHEREAS, the cost estimates by Dudek and Associates, Inc. have been
reviewed by staff and are determined to be reasonable; and
WHEREAS, Dudek and Associates, Inc. warrants and represents that they are
experienced and staffed in a manner such that they can prepare and deliver the
services in an expedited manner; that they have a demonstrated knowledge of issues
that pertain to the MSCP, and in particular in the City ofChula Vista MSCP Subarea
Plan, and that they can work efficiently and effectively with City staff.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
ofChula Vista does hereby approve an amendment to the agreement between the City
of Chula Vista and Dudek and Associates, Inc. for environmental consulting services
for preparation and submittal of environmental documents related to the final Draft
MSCP Subarea Plan;
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is
hereby authorized to execute the First Amendment to the Agreement between the City
of Chula Vista and Dudek and Associates, Inc.
Presented by:
Approved as to form:
,.h" ,1)r ~
JO~heny <./
City Attorney
Robert A. Leiter
. Planning and Building Director
i
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
A TTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
~ . 1yY'-C-t~_
hn M. Kaheny
City Attorney
Dated:
~~/~O'-
5th Amendment to the Agreement Between City of Chula Vista and Dudek for
Final Draft MSCP Subarea Plan Consulting Services
.'
First Amendment To
Agreement between
City of Chula Vista
and
Dudek and Associates, Inc.
For Environmental Services Related to the Final Draft
Multiple Species Conservation Program (MSCP) Subarea Plan
This First Amendment, dated May ,2002 for the purposes of reference only, and
effective as of the date last executed by and between the City of Chula Vista and Dudek
and Associates, Inc. ("Consultant") is made with reference to the following facts:
Recitals
WHEREAS, the City Council adopted the September 11, 2000 Draft Chula Vista
MSCP Subarea Plan on October 17, 2000; and
WHEREAS, City staff prepared draft MSCP implementing ordinances and negotiated
with the U.S. Fish and Wildlife Service and California Department of Fish and Game
("Wildlife Agencies") to finalize the Implementing Agreement; and
WHEREAS, City staff prepared an Addendum to the MSCP Final EIR/EIR (SCH No.
93121073), which was certified with the Draft MSCP Subarea Plan on October 17, 2000;
and
WHEREAS, based on the additional information about the Quino Checkerspot
Butterfly, the City believed it was prudent to add coverage for the Quino Checkerspot
Butterfly into the draft MSCP Subarea Plan prior to the Subarea Plan and associated
implementing documents being published in the Federal Register; and,
WHEREAS, the final Draft MSCP Subarea Plan will include information that was not
previously analyzed in the Addendum to the MSCP Final EIR/EIS prepared for the Draft
MSCP Subarea Plan, dated September 2000, and therefore further environmental
documentation is necessary; and
WHEREAS, the City has prepared a screencheck environmental document for the
Revised Draft MSCP Subarea Plan and now desires to complete the environmental
document in anticipation of submitting a completed application to the Wildlife Agencies in
order to obtain an Incidental Take Permit this year; and
WHEREAS, on February 12, 2002 the City Council approved Resolution 2002-041
for an Agreement in the amount of $32,900 (with an additional $8,225 for additional
services should they be determined to be necessary) with Consultant for environmental
Page 1 of 7
..-.........-...--.---...--.--.-.....---.----.--....---.--.---......---
services related to the Revised draft MSCP Subarea Plan ("Original Agreement"); and
WHEREAS, as stated in the 2/12/02 Council Agenda Statement for the Original
Agreement, amendments to the agreement to complete the environmental documentation
were anticipated once the Wildlife Agencies reviewed the administrative Draft MSCP
Subarea Plan; and
WHEREAS, the Wildlife Agencies have completed their preliminary review of the
administrative Draft MSCP Subarea Plan and the City is now prepared to complete the
environmental document based on the final Draft MSCP Subarea Plan; and
WHEREAS, the cost estimates by Consultant have been reviewed by staff and are
determined to be reasonable; and
WHEREAS, Consultant warrants and represents that they are experienced and
staffed in a manner such that they can prepare and deliver the services in an expedited
manner; that they have a demonstrated knowledge of issues that pertain to the MSCP, and
in particular in the City of Chula Vista MSCP Subarea Plan, and that they can work
efficiently and effectively with City staff.
NOW, THEREFORE, in consider of the recital and the mutual obligation of
the parties set forth herein, City and Consultant agree as follows:
1. Exhibit A, Section 7 of the Original Agreement shall be amended to add the
following:
General Duties: Consultant shall complete the Environmental Impact
Report/Environmental Assessment (EIR/EA) for the final Draft MSCP Subarea Plan.
The Consultant shall prepare a Draft EIR/EA and associated notices for public
review and notice in the Federal Register. Upon completion of the public review
period the Consultant shall prepare a Final EIR/EA all to the satisfaction of the
Environmental Review Coordinator.
Consultant will work closely with the City of Chula Vista staff and shall ensure that
the EIR/EA for the final Draft MSCP Subarea Plan meets the City's needs. The
EIR/EA shall comply completely with the criteria, standards and procedures of the
California Environmental Quality Act of 1970 (Public Resources Code Sections
21000 et seq.), the State CEQA Guidelines (California Admin. Code Section 15000
et seq.), the National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. Section
432 et seq.), the Environmental Review Procedures of the City of Chula Vista and
the regulations, requirements and procedures of any other responsible public
agency or any agency with jurisdiction by law. The EIR/EA will, as appropriate,
focus the analysis on the additional changes that have been made to the final Draft
MSCP Subarea Plan, as well as changes in environmental conditions, since
Page 2 of 7
certification on October 17, 2000 ofthe Addendum to the Final EIR/EIS. If there are
any conflicts between the City of Chula Vista's requirements and those of another
agency, the City of Chula Vista's shall prevail.
The EIR/EA shall provide an evaluation of feasible mitigation measures which could
be carried out to reduce or eliminate adverse impacts of the proposed project. The
document shall also analyze feasible alternatives to the project as proposed. The
EIR/EA shall specify which rnitigation measures have been incorporated into the
project and which feasible mitigation measures have not, but which could be
incorporated as part of the project. The report shall also identify feasible alternatives
which could reduce the adverse impacts but are not proposed.
The EIR/EA shall be prepared in such a manner that it will be meaningful and useful
to decision makers and to the public. Technical data shall be summarized in the
body of the report and placed in an appendix. All public documents shall be
prepared in accordance with the standards of the California Association of
Environmental Professionals. All documents shall be prepared in Microsoft Word
2000.
2 . Exhibit A, Section SA of the Original Agreement entitled Scope of Work and
Schedule, Detailed Scope of Work, is hereby amended to add the following tasks,
all of which shall be performed to the satisfaction of the City's Environmental Review
Coordinator:
Consultant shall prepare an EIR/EA as follows:
TASK 3
DRAFT EIRlEA
After completion of the City/Agency review of the Second screencheck EIR/EA,
Consultant will incorporate changes as requested, in writing, by the City and Agency
and revise the second screen check EIR/EA and produce a Draft EIR/EA for public
review. Consultant will produce fifty (50) copies of the Draft EIR/EA and Appendices,
including ten (10) copies of the documents provided in three-ring binders, and the
remainder bound.
TASK 4
NOTICE OF COMPLETIONlFINDING OF NO SIGNIFICANT IMPACT
At the completion of the Draft EIR/EA preparation stage, Consultant will prepare a
Notice of Completion (NOC). The NOC will be forwarded by Consultant to the State
Clearinghouse and to reviewing parties, along with the Draft EIR/EA. Consultant will
also prepare a Finding of No Significant Impact (FONSI) for publication in the
Federal Register.
Page 3 of 7
TASK 5
DRAFT CANDIDATE CEQA FINDINGS
Consultant will prepare draft Candidate CEQA Findings for each significant
environmental impact identified in the EIR/EA, in accordance with CEQA Guidelines
Section 15091. In addition, if there are one or more impacts that are not mitigated to
a less than significant level, Consultant will also prepare a Statement of Overriding
Considerations (Guidelines Section 15093[b]). The Draft Candidate CEQA Findings
will be reviewed by the City and any written comments provided by the City will be
incorporated by Consultant into final Draft Candidate CEQA Findings.
TASK 6
MITIGA TION MONITORING AND REPORTING PROGRAM
Consultant will prepare a Mitigation Monitoring and Reporting Program that will
include all of the mitigation measures identified in the EIR/EA and the monitoring
and reporting procedure.
TASK 7
FINAL EIRlEA
Consultant will provide draft responses to comments on the Draft EIR/EA for
City/Agency review. The City/Agency will provide written comments on the draft
responses to comments to Consultant. Consultant will revise the responses to
comments and produce a final EIR/EA which incorporates the final revised
responses to comments. The Consultant will respond to up to fifty (50) public
comments on the Draft EIR/EA.
The Final EIR/EA will be submitted to the City by Consultant for consideration by the
advisory commissions, City Council and USFWS. Consultant will produce fifty (50)
copies of the Final EIR/EA and Appendices, including ten (10) copies provided in
three-ring binders and the remainder bound. In addition, Consultant will provide one
(1) reproducible master copy of the Final EIR/EA suitable for reproduction on City
equipment and not three-hole punched. One computer disk copy or CD ROM
version of the Final EIR/EA and related documents that can be read with Microsoft
Word 2000 will also be provided.
TASK 8
NOTICES AFTER APPROVAL
If the City Council and U.S. Fish and Wildlife Service elect to approve the proposed
project, Consultant will prepare a Notice of Determination (NOD) to be filed with the
County Clerk's office within five days of project approval and Record of Decision
(ROD) to be published in the Federal Register. City will distribute and/or file the
NOD.
Page 4 of 7
"
~'
TASK 9
MEETINGS AND HEARINGS
Consultant will attend the following project meetings and hearings:
One (1) Project scoping meeting with the City, Applicant(s), and others as
determined by City staff;
One (1) Project meeting or workshop upon request of the City;
Weekly meetings with City staff to discuss EIR progress and issues for the
duration of the project as indicated in the Project Schedule;
One (1) Resource Conservation Commission meeting;
One (1) Planning Commission public hearing on the Draft EIR;
One (1) Planning Commission public hearing on the Final EIR and related
documents;
One (1) City Council hearing on the Final EIR and related documents
3. Exhibit A, Section 8C of the Original Agreement entitled Dates or Time Limits for
Delivery of Deliverables, is hereby amended to add the following paragraphs:
Task Deliverable Due Date
MSCP Subarea Plan EIRlEA
Task 3 Draft EIR/EA 6/03/02
Task 4 NOC/FONSl 6/03/02
Task 5 Draft Candidate CEQA Findings 7/23/02
Task 5a Final Draft Candidate CEQA Findings 8/23/02
Task 6 Mitigation Monitoring and Reporting Program 8/02/02
Task 7 Final EIR/EA 10/02/02
Task 8 Notices After Approval 10/30/02
Task 9 Meetings and Hearings Throughout
4. Exhibit A, Section 8D of the Original Agreement entitled Date for Completion of
all Consultant services, is hereby amended to read as follows:
December 31, 2002 or upon completion of all tasks, to the satisfaction of the
Environmental Review Coordinator, whichever occurs earlier.
Page 5 of 7
5. Exhibit A, Section 11 of the Original Agreement, is hereby amended to add the
following:
11 (B). (X) Phased Fixed Fee Arrangement.
Forthe performance of each phase or portion ofthe 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 City shall have issued a notice to
proceed to Consultant as to said Phase.
Milestone or Event
MSCP Subarea Plan EIR/EA
Task 3 Draft EIR/EA - Includes Agency Comments
Task 4 NOC/FONSI
Task 5 Draft Candidate CEQA Findings/SOC
Task 6 Mitigation Monitoring and Reporting Program
Task 7 Final EIR/EA
Task 8 Notices After Approval (NOD/ ROD)
Task 9 Meetings/Hearings and Coordination
Direct Costs*
SUBTOTAL
Amount of Fixed Fee
$ 10,200
$ 2,250
$ 1,500
$ 1,800
$ 8,100
$ 2,250
$ 9,300
$ 5,700
$ 41,100
25% Contingency
$ 10,275
T alai $ 51,375
* Direct costs include expenses such as reproduction costs, mileage, or postage.
6 . All other terms and conditions of the Original Agreement not modified by this First
Amendment shall remain in full force and effect.
Page 6 of 7
SIGNATURE PAGE TO FIRST AMENDMENT TO
THE AGREEMENT BETWEEN CITY OF CHULA VISTA
AND DUDEK AND ASSOCIATES, INC., A CALIFORNIA CORPORATION
City of Chula Vista
Dudek and Associates, Inc.
By:
Shirley Horton, Mayor
A
Date:
Date:
kll.- ~, "fliOt/
f <if"
Joh 3"2-1/~o
ATTEST:
Susan Bigelow, City Clerk
Approved as to form by:
John M. Kaheny, City Attorney
Standard Form Two-Party Agreement (13th Revision)
Page 7
COUNCIL AGENDA STATEMENT
Item No. ~
Meeting Date 05/07/02
ITEM TITLE:
SUBMITTED BY:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RECITING THE FACT OF THE GENERAL
MUNICIPAL ELECTION HELD IN SAID CITY ON MARCH 5,
2002, DECLARING THE RESULTS THEREOF, AND SUCH
OTHER MATTERS AS ARE PROVIDED BY LAW
/~
Susan Bigelow, CMC, City Clerk
SUMMARY: The Registrar of V oters has transmitted the certified results of the General Municipal
Election held on March 5, 2002. Elections Code Section 15372 requires the City Clerk, as the
elections official, to transmit the certified results to the City Council. Elections Code Section 15400
requires the City Council to declare the results ofthe election. The proposed resolution contains the
official results as reported by the Registrar of Voters.
RECOMMENDATION: Council adopt the resolution.
DISCUSSION: The General Municipal Election was held on March 5, 2002, to select one (I)
Mayor and two (2) Members of the City Council to fill Seats 1 and 2 for full terms commencing in
December 2002. The certified results of the March 5, 2002 election have now been received from
the Registrar of Voters, and the results are as follows:
Total Number of Registered Voters: 78,307
Total Number of Votes Cast: 23,729 (30.3%)
Total Votes Percentage of Votes Cast
Mayor
Mary Salas
Steve Padilla
Petra E. Barajas
10,699
10,519
996
48.1
47.3
4.4
Council Seat #1
Patty Davis
Virgil Pina
Luis A. Monge
14,130
4,787
2,211
66.8
22.6
10.4
Council Seat #2
John McCann
Arturo (Art) Moreno
Bob Griego
12,134
4,863
4,509
56.4
22.6
20.9
FISCAL IMPACT: None.
I
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SUMMARY OFFICIAL CANVASS - SAN DIEGO CO. PRIMARY ELECTION - 3/5/02
CITY OF CHULA VISTA-MAYOR/CITY COUNCIL-SEAT NO.1 2
age Number 1082.1622.0 R T T C P C S C M C L C V C P C J C A C B
E U U I E I T I A I U I I I A I 0 I R I 0
G R R T T T E T R T I T R T T T H T T T B
I N N Y R Y V Y Y Y S Y G Y T Y N Y U Y
S 0 0 A E I Y R G
T U U 0 0 o S o A o L 0 OM 00 o R
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R A I S I I I I I I I R I
S G S S S S S S S S E S
E T T T T T T T T N T
A A A A A A A A 0 A
OLLING PLACE VOTE 7808 1820 23.3 7 808 8411 1771 392 1068 905 404 358
BSENTEE TOTALS 542 0.0 21 239 224 43 84 337 302 80 90
PP VOTE 21 9 44.2' 4 3 1 1 6 5 1 1
""T 0 TAL V 0 T E""* 7830 2372 30.3. 99 1051 1069' 2211 478 1413 1213 486 450
LL ABSENTEE VOTES ARE
PPORTIONED INTO EACH
F THE DISTRICTS SHOWN
9TH CONGRESSIONAL 0.0 (
OTH CONGRESSIONAL 0.0
1ST CONGRESSIONAL 7830 2372 30.3' 99 1051 1069 2211 478 1413 1213 486 450
2ND CONGRESSIONAL 0.0.
3RD CONGRESSIONAL 0.0'
6TH SENATORIAL 0.0'
8TH SENATORIAL 0.0
9TH SENATORIAL 0.0
OTH SENATORIAL 7830 2372 30.3 99 1051 1069 2211 478 1413 1213 486 450
6TH ASSEM8L Y 0.0.
RRD ASSEMBLY 0.0'
4TH ASSEM8LY 0.0.
5TH ASSEMBLY 0.0.
6TH ASSEMBLY 0.0 -
7TH ASSEMBLY 0.0'
8TH ASSEMBLY 3310 1060 32--2~_ 37 493 467 951 199 644 570 192 2021
9TH ASSEMBLY 4520 13121 29.0' 61 558 602 126 279 768 6431 293 248
AN DIEGO COMM COLL- A 0.0' f-
AN DIEGO COMM COLl- C 0.0
AN DIEGO COMM COLL. E 0.0'
AN DIEGO 1ST CC 0.0
AN DIEGO - 2ND CC 0.0
AN DIEGO - 3RO CC 0.0
AN DIEGO - 4TH CC 0.0'
AN DIEGO 5TH CC 0.0
AN DIEGO - 6TH CC 0.0
AN DIEGO - 7TH CC 0.0
AN DIEGO - 8TH CC 0.0
RD CO BD OF EDUCATION 20 9 46.1 3 3 1 1 6 5 1 1
TH CO BO OF EDUCATION 0.0
1ST SUPERVISORIAL 7830 2372 30.3 99 1051 1069 2211 478 1413 1213 486 450
ND SUPERVISORIAL 0.0 -
~"SUPERVISORIAl 0.0
TH SUPERVISORIAL 0.0 { (
TH SUPERVISORIAL 0.0
AN DIEGO UNIF SCH . B 0.0
AN DIEGO UNIF SCH - C 0.0
RD BO OF EQUAL 7830 2372 30.3 99 1051 1069 2211 478 1413 1213 486 450
ESCANSO COMM WATER 0.0
W. SWEETWATER FIRE PRO 0.0
AMONA MUNICIPAL WATER 0.0
LA MESA SPG VLY SCHl 0.0
SCONDIDO UNION SCHL 0.0 (
FALLBROOK UN ELEM SCHl 0.0 ( -
AMONA UNIFIED SCHL 0.0 -
ISTA UNIFIED SCHL 0.0 (
ITY OF CARLSBAD 0.0
!TY OF CHULA VISTA 7830 2372 30.3' --- j-----99! 1051 I-~ 2211 478 1413 1213 486 450
I TY OF CORONADO 0.0'
J TY OF DEL MAR 0.0 --
I TY OF El CAJON 0.0. "--_.- -
OFFICIAL CANVASS - SAN DIEGO CO. PRIMARY ELECTION - 3/5/02
CITY OF CHULA VISTA-MAYOR/CITY COUNCIL-SEAT NO. 1 2
age Number 1080.722.001 R T T C P C S C M C L C V C P C J C A C B
E U U I E I T I A I U I I I A I 0 I R I 0
G R R T T T E T R T I T R T T T H T T T B
I N N Y R Y V Y Y Y S Y G Y T Y N Y U Y
S 0 0 A E I Y R G
T U U 0 0 o S o A o L 0 o M o 0 o R
E T T F E F P F A F. F F 0 F C F F I
R A L P A ( E
E P C C 0 C A C M C I C V C C C A C G
0 E H B HI H S H 0 H N H I H A H R H 0
R U A U L U U N U A U S U N U T U
V C L R L L L L G L L L N L ) L
0 E A A A A A A E A A A A A
T N J M
E T V A V V V V V V V 0 V
R A I S I I I I I I I R I
S G S S S S S S S S E S
E T T T T T T T T N T
A A A A A A A A 0 A
25100 CHULA VISTA 130 19 14.6 1 8 81 1 51 9 7 5 4
25200 CHULA VISTA 114 22 19.6 1 10 9 2 5 12 111 5 3
25500 CHULA VISTA 941 26 28.1 11 10 13 1 5 16 13 3 5
25600 CHULA VISTA 128 34 26. 1 13 17 2 6 22 20 5 6
25700 CHULA VISTA 35 12 33.9 3 7 1 6 2
25810 CHULA VISTA 108 21 19.8 9 9 2 5 12 9 6 3
26100 CHULA VISTA 116 22 19.6 11 8 11 11 4 15 10 4 4
26400 CHULA VISTA 74 18 24.1 1 6 8 1 31 10 7 5 2
26500 CHULA VISTA 104 25 24.5 1 10 12 - 2 4 15 13 51 4
26700 CHULA VISTA 88 23 26.9 11 11 10 2 3 151 14 3 3
26900 CHULA VISTA 115 19 16.6 1 7 9 2 5 8 8 5 3
27200 CHULA VISTA 118 20 17.6' 1 8 9 2 51 11 7 7 3
27700 CHULA VISTA 122 361 29.5 181 16 41 6 22 22 5 6
27800 CHULA VISTA 1131 2~ 24.6' 1 11 14 3 71 16 15 5 6
28100 CHULA VISTA 95 21 22.6 1 8 101 2 4 11 8 5 4
28300 CHULA VISTA 7T 20 27.0 10 1 2 12 9 3 5
28500 CHULA VISTA 92 261 28.0 11 121 2 4 16 14 4 4
28820 CHULA VISTA 73 19 25.9 8 8 2 41 10 11 31 2
28900 CHULA VISTA 1021 27 27.2 1 11 13 2 51 17 15 5 5
28910 CHULA VISTA 117 33 28.3' 1 13 16 3 61 20 17 6 6
28920 CHULA VISTA 81 24 29.8' 8 14 1 5 13 13 4 4
28940 CHULA VISTA 12B 34 27.0 1 16 15 3 6 20 20 6 6
28970 CHULA VISTA 99 23 23.3 11 10 10 21 5 13 11 4 5
29100 CHULA VISTA 110 35 31.9 171 16 2 6 231 23 5 5
29500 CHULA VISTA 99 23 24.0 1 9 11 1 4 15 12 5 4
29510 CHULA VISTA 111 22 20.1' 91 11 3 4 12 9 6 4
29700 CHULA VISTA 100 171 16.9' 8 65 3 4 7 4 7 3
29900 CHULA VISTA 83 141 16.9' 1 7 4 21 4 6 5 4 2
30110 CHULA VISTA 961 20 21.1 9 8 3 3 11 9 5 4
30200 CHULA VISTA 89 241 27.0 9 12 1 5 14 15 3 4
30400 CHULA VISTA 94 23 25.0 11 9 2 4 14 141 5 2
30500 CHULA VISTA 104 261 24.9 11 11 12 2 4 16 13 5 5
30700 CHULA VISTA 72 17 24.1 6 9 1 5 9 91 41 3
30710 CHULA VISTA 110 271 24.5 2 11 12 35 6 14 12 5 6
31000 CHULA VISTA 111 23 21.3 10 11 2 5 14 101 8 4
31090 CHULA VISTA 115 261 22.6 1 11 12 2 6 15 12 7 4
31310 CHULA VISTA 101 221 21.71 81 11 2 5 11 8 6 4
31390 CHULA VISTA 87 13 14.8' 5 6 1 3 6 4 51 2
31400 CHULA VISTA 107 19 18.5 1 9 7 2 4 10 7 71 4
31810 CHUlA VISTA 116 30 26,0 1 13 14 31 5 18 16 5 5
31820 CHULA VISTA 55 15\ 28,7' 8 6 1 3 8 7 4 2
31840 CHULA VISTA 102 19 19.3 8 9 2 4 11 9 4 4
31870 CHULA VISTA 105 251 23.7 12 10 3 4 14 10 6 4
31890 CHULA VISTA 981 24 25.2 13 10 2 4 141 11 4 5
32100 CHULA VISTA lOT 24 23.1 1 10 12 2 13 10 71 6
32110 CHULA VISTA 1051 20 19.3 9 8 1 r; 8 81 7 2
32190 CHULA VISTA 99 17 17." 1 81 1 5 9 7 4 4
32210 CHULA VISTA 82 81 9.8 41 3 21 4 3 2 21
32290 CHULA VISTA 116 20 17.71 9 9 2 5 10 8 7 4
32310 CHULA VISTA 65 16 25.3 11 7 71 1 4 9 8 4 2
32430 CHULA VISTA 114 35 30.8 1 16 15 4 6 22 1 7
32500 CHULA VISTA 72 21 29.0 11 8 1 3 13 12 2 4
32530 CHULA VISTA 77 26 34. / 13 11 21 3 181 15 3 6
32580 CHULA VISTA 97 21 21.9 9 9 41 14 9 51 4
32600 CHULA VISTA 83 26 32~ 15 10 2 4 16 1 3 4
32610 CHULA VISTA 53 11 20. 4 61 1 2 6 5 2 2
32630 CHULA VISTA 1075 24 22. 10 11 2 6 13 12 5 4
32640 CHULA VISTA 86 21 24.2 5 10 8 1 3 12 111 3 3
32650 CHULA VISTA 68 17 25.3 10 6 1 4 10 8 3 3
532660 CHULA VISTA 955 22 23.9' 11 8 12 1 31 15 11 4 q
I
I
SUMMARY OFFICIAL CANVASS - SAN DIEGO co. PRIMARY ELECTION . 3/5/02
CITY OF CHUlA VISTA.MAYOR/CITY COUNCIL-SEAT NO. 1 2
age Number 1083.1622.0l R T T C P C S C M C L C V C P C J C A C B
E U U I E I T I A I U I I I A 10 I R I 0
G R R T T T E T R T I T R T T T H T T T B
I N N Y R Y V Y Y Y S Y G Y T Y N Y U Y
S 0 0 A E I Y R G
T U U 0 0 o S o A o L 0 OM 00 o R
E T T F E F P F A F. F F D F C F F I
R A L P A ( E
E P C C D C A C M C I C V C C C A C G
D E H B HI H S H 0 H N H I H A H R H 0
R U A U L U U N U A U S U N U T U
V C L R L L L L G L L L N L ) L
0 E A A A A A A E A A A A A
T N J M
E T V A V V V V V V va V
R A I S I I I I I I I R I
S G S S S S S S S S E S
E T T T T T T T T N T
A A A A A A A A 0 A
ITY OF ENCINITAS 0.0
ITY OF ESCONDIDa 0.0
ITY OF IMPERIAL BEACH 0.0
ITY OF LA MESA 0.0
tlTY OF LEMON GROVE 0.0
ITY OF NATIONAL CITY 0.0
ITY OF OCEANSIDE 0.0
ITY OF POWAY 0.0
ITY OF SAN DIEGO 0.0 (
fTY OF SAN MARCOS 0.0
ITY OF SANTEE 0.0
ITY OF SOLANA BEACH 0.0
ITV OF VISTA 0.0 (
NINCORPORATED AREAS 0.0
- .
---
--
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ILl
OFFICIAL CANVASS - SAN DIEGO CO. PRIMARY ELECTION - 3/5/02
CITY OF CHULA VISTA-MAYOR/CITY COUNCIL-SEAT NO. 1 2
age Number 1081.722.001 R T T C P C S C M C L C V C P C J C A C B
E U U I E I T I A I U I I I A I 0 I R I 0
G R R T T T E T R T I T R T T T H T T T B
I N N Y R Y V Y Y Y S Y G Y T Y N Y U Y
S 0 0 A E I Y R G
T U U 0 0 o S o A o L 0 OM o 0 o R
E T T F E F P F A F. F F D F C F F I
R A L P A ( E
E P C C 0 C A C M C I C V C C C A C G
D E H B HI H S H 0 H N H I H A H R H 0
R U A U L U U N U A U S U N U T U
V C L R L L L L G L L L N L ) L
0 E A A A A A A E A A A A A
T N J M
E T V A V V V V V V V 0 V
R A I S I I I I I I I R I
S G S S S S S S S S E S
E T T T T T T T T N T
A A A A A A A AO A
32670 CHULA VISTA 1221 24 20.3 11 11 2 5 14 9 6 61
32680 CHULA VISTA 103 29 28.7 16 II I 5 19 1 3 6
32720 CHULA VISTA 74 24 32.8 14 8 4 15 14 4 3
32770 CHULA VISTA 112 31 27.9 1 13 15 2 5 21 17 61 6
32780 CHULA VISTA 89 22 25.1 11 11 61 12 II 4 4
32790 CHULA VISTA 84 27 31.S 1 13 11 2 5 16 14 5 5
32800 CHULA VISTA 51 18 34.9 8 6 1 3 101 10 2 2
32820 CHULA VISTA 78 18 24.0 8 8 1 3 11 9 21 5
32860 CHULA VISTA 82 17 21.2 8 7 1 3 11 10 2 3
32870 CHULA VISTA 71 171 23.8" 81 7 1 2 10 11 2 2
32900 CHULA VISTA 95 24 26.0 13 10 2 3 1 15 4 41
33070 CHULA VISTA 95 18 19. 10 I 3 II 9 3 4
37700 CHULA VISTA 125 23 18.6 1 9 121 2 7 12 9 7 5
38000 CHULA VISTA 107 16 15.0 1 6 T. 1 5 8 7 5 2
38300 CHULA VISTA 84 14 17.5 61 6 II 4 7 6 4 3
38410 CHULA VISTA 82 121 14.5 5 5 1 3 61 3 4 2
38600 CHULA VISTA 1131 22 19.6" 2 7 II 2 5 II 9 5 51
38800 CHULA VISTA 93 21 23.2 8 121 21 7 II 7 6 6
39000 CHULA VISTA 11 22 18.9 1 9 10 3 6 9 5 8 61
39300 CHULA VISTA 101 275 27. I 10 IS 21 5 17 17 3 4
39310 CHULA VISTA 79 13 16.8 5 6 11 3 7 4 5 I
88250 REQUESTED AV 205 0.0 7 92 84 17 32 123 116 29 33
88252 REQUEST EO AV 337 0.0" 14 14 1401 25 52 2141 185 51 57
99182 DECLARED AV 20 9 46.1' 3 3 I 1 6 5 I 1
99244 DECLARED AV 0.0
99250 DECLARED AV 28.5 1 I 1
99252 DECLAREO AV 0.0 -
... TOT A L S **** 7830 2372 30.3' 99 1051, 1069 2211 478 1413 1213 486 450
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SAN DIEGO COUNTY - PRIMARY ELECTION
March 5, 2002
Official
APPENDIX A
WRITE-IN TOTALS
GOVERNOR - LIB
ART
OLIVER
11
LIEUTENANT GOVERNOR - DEM
RONALD J.
LIKE
5
LIEUTENANT GOVERNOR - REP
RONALD J.
LIKE
1
CONGRESS - 49TH DISTRICT - DEM
LOUIS
GARCIA
19
1, j j f '
'" ],'
! ."J -I' ,"^"
" ,
, , . 1
SAN DIEGO COUNTY - PRIMARY ELECTION
March 5, 2002
Official
GOVERNOR - LIB
WRITE-IN TOTALS
APPENDIX A
~
:A
0
~
SEO. # PRECINCT NAME NO. BID ~%
73 DEL MAR HEIGHTS 115030 62 1
370 PACIFIC BEACH 220500 6 2
373 PACIFIC BEACH 221900 7 1
381 PACIFIC BEACH 223900 7 1
554 LOMA PORTAL 327800 21 1
963 WHISPERING PALM 436040 170 1
986 IMPERIAL BEACH 442000 269 1
992 IMPERIAL BEACH 442800 269 1
1386 CHULA VISTA 538000 252 1
OCEANSIDE-ABSENTEE 999044 44 1
TOTAL 11
f
SAN DIEGO COUNTY - PRIMARY ELECTION
March 5, 2002
Official
LIEUTENANT GOVERNOR - OEM
WRITE-IN TOTALS
APPENDIX A
SEa. # PRECINCT NAME
707 OCEANSIDE
716 OCEANSIDE
898 VISTA
SAN DIEGO-ABSENTEE
VISTA-ABSENTEE
NO.
404800
405610
424700
999095
999147
-90
\
'0
v
~.(,
~~
BID
141 1
141 1
147 1
95 1
147 1
TOTAL
5
, .
/0
-:90
~
<0
v
~~
-<>~
17 1
1
SAN DIEGO COUNTY - PRIMARY ELECTION
March 5, 2002
Official
LIEUTENANT GOVERNOR - REP
WRITE-IN TOTALS
SEO. # PRECINCT NAME
311 NAVAJO
NO.
183100
BID
TOTAL
I Li I
I 1- f
APPENDIX A
SAN DIEGO COUNTY - PRIMARY ELECTION
March 5. 2002
Official
49TH CONGRESSIONAL DISTRICT - DEM
WRITE-IN TOTALS
SEa. # PRECINCT NAME
671 OCEANSIDE
694 OCEANSIDE
700 OCEANSIDE
707 OCEANSIDE
720 OCEANSIDE
733 OCEANSIDE
742 OCEANSIDE
748 OCEANSIDE
882 BONSALL
883 VISTA
890 VISTA
892 VISTA
895 VISTA
905 VISTA
UNINCORPORATED-ABSENTEE
NO.
403500
404090
404230
404800
405930
406350
406470
406900
421610
422900
423500
423700
424200
425180
999043
BID
141
141
141
141
143
44
141
141
139
147
147
147
147
147
43
TOTAL
Ie
APPENDIX A
<'0
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~Q
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c;.
>'
1
1
2
1
1
2
1
1
1
1
2
2
1
1
1
19
RESOLUTION NO. 2002-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RECITING THE FACT OF THE GENERAL
MUNICIPAL ELECTION HELD IN SAID CITY ON MARCH 5,
2002, DECLARING THE RESULTS THEREOF, AND SUCH
OTHER MATTERS AS ARE PROVIDED BY LAW
WHEREAS, a general municipal election was held and conducted in the City of
Chula Vista, California, on Tuesday, March 5, 2002, as required by law, for the purpose
of electing a Mayor and members of the City Council to Seats 1 and 2 for a full term of
four years each; and
WHEREAS, notice of said election was duly and regularly given in the time,
form, and manner as provided by law; and in all respects said election was held and
conducted, and the votes cast thereat received and canvassed, and the returns made and
declared, in the time, form, and manner as required by the provisions of the Elections
Code of the State of California for the holding of elections in charter cities; and
WHEREAS, pursuant to Resolution No. 2001-352 adopted October 23,2001, the
election was consolidated with the Statewide primary election, and the Registrar of
Voters canvassed the returns of said election and has certified the results to this City
Council. The results are received and made a part hereof, attached as Exhibit A.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA
VISTA does hereby resolve, declare, determine, and order as follows:
SECTION 1: There were 85 voting precincts established for the purpose of holding said
election consisting of the regular election precincts in said City as
established for the holding of state and county elections.
SECTION 2. The whole number of votes cast in said City was 23,729.
SECTION 3: The names of the Nominees for Mayor were: Petra E. Barajas, Steve
Padilla, and Mary Salas.
SECTION 4: The names of the Nominees for Seat 1 were: Luis A. Monge, Virgil Pina,
and Patty Davis.
SECTION 5: The names of the Nominees for Seat 2 were: John McCann, Arturo (Art)
Moreno, and Bob Griego.
SECTION 6: The City Council does hereby declare Patty Davis as elected to Seat 1, to
be sworn into office at the first meeting of the City Council held in
December 2002.
SECTION 7: The City Council does hereby declare John McCann as elected to Seat 2,
to be sworn into office at the first meeting of the City Council held in
December 2002.
SECTION 8: The City Council does hereby declare that Stephen C. Padilla and Mary
Salas, neither of whom received 50 percent plus one vote of the total votes
cast, will face a runoff election for Mayor on November 5, 2002.
SECTION 9: The number of votes given at each precinct and the number of votes given
in the City to each of the persons above named for Mayor, Seat 1 and Seat
2 for which the persons were candidates are as listed in Exhibit A,
attached.
SECTION 10: The City Clerk shall enter on the records of the City Council of the City of
Chula Vista a statement of the results of the election, showing the whole
number of votes cast in the City, the names of the persons voted for, for
what office each person was voted for, and the number of votes given in
the City to each person.
Presented by
Approved as to form by
--
~~(\l~'cf~~
QRs ,~C?
~ Q
John M. Kaheny
City Attorney
Susan Bigelow, CMC
City Clerk
PASSED, APPROVED AND ADOPTED by the City Council of the City ofChula Vista,
California, this 7th day of May, 2002, by the following vote:
AYES:
Councilmembers:
NAYES:
Councilmembers:
ABSENT:
Councilmembers:
Shirley Horton, Mayor
ATTEST:
Susan Bigelow, CMC, City Clerk
COUNCil AGENDA STATEMENT
Item 15
Meeting Date M"y 7, ?nn?
ITEM TITLE:
PUBLIC HEARING: Regarding the Proposed Assessment of
Certain Delinquent Solid Waste Service Charges as Liens Upon
the Respective Parcels of land and Placement of Delinquent
Charges on the Next Regular Tax Bill for Collection
RESOLUTION No. Assessing Delinquent Solid
Waste Service Charges as Liens Upon the Respective Parcels of
land and Approving Placement of Delinquent Charges on the
Next Regular Tax Bill
f
SUBMITTED BY: Assistant City Manager Powell
REVIEWED BY: City Manager~~(l"'- (4/5ths Vote: Yes _No-L)
In order to adequately protect the City's interest in delinquent solid waste service
charges and ensure that collection efforts are directed towards the responsible
property owner in the event of a change of ownership, staff is recommending
approval for liens against affected properties as a preliminary action to placing the
delinquencies on the property tax rolls if they remain unpaid. Adoption of this
resolution will enhance the collection process for delinquent solid waste service
charges by reducing the amount of uncollectible losses and ensure that payment will
be received on a more timely basis. This is the identical process approved by City
Council in August 2001, December 2001 and February 2002.
RECOMMENDATION:
That Council open the public hearing to consider assessing
delinquent solid waste service charges as liens on the
affected properties, consider all testimony, and adopt the
resolution overruling all protests and assessing these
charges as liens upon the respective parcels of land.
BOARDS/COMMISSIONS RECOMMENDATIONS:
Not applicable.
DISCUSSION:
In November 1998, City Council amended Municipal Code Section 8.24 to require
participation in solid waste service and eliminate suspension of solid waste service
for nonpayment. To ensure that all residents pay their fair share of the costs of this
program, the ordinance also allows delinquent solid waste service charges to be
assessed as liens upon the affected properties and ultimately placed on the property
tax bills for collection. The ordinance states that upon notification of the property
I
Page 2. Item_ 15
Meeting Date May 7. ?nn?
owners, a public hearing is set for solid waste service accounts that are over ninety
days delinquent. At the hearing the City Council considers the delinquent accounts
together with any objections or protests by interested parties. At the conclusion of
the hearing, the City Council, may either approve the delinquency and amount owed
on the accounts as submitted or as modified or corrected by the City Council. Lastly,
the City Council adopts a resolution assessing such amounts as liens upon the
respective parcels of land, and the amounts are charged to the property owners on
the next regular property tax bill. As these amounts are collected, the monies are
remitted to Pacific Waste Services less the City's Franchise Fees, AB939 fees and
late charges.
Because charges can only be submitted for placement on the property tax bills once a
year in August, staff is recommending assessing liens on the affected properties
midyear as to better ensure the City's chances for collection. If the City were to
address these delinquent charges only once a year in August, the effectiveness of
using the property tax bill as a means of collection would be significantly reduced as
the owners of record in August would not necessarily be the people responsible for
the delinquent charges. In cases where properties are sold or transferred, assessing
liens midyear holds the correct parties responsible for the delinquent charges. In
cases where property owners choose to refinance their mortgages, the midyear liens
will ensure the City receiving payment in a more timely manner as the delinquent
charges would be paid through escrow during the refinancing process.
In February 2002, City Council approved 331 midyear liens on properties valued at
$41,358. Since then, Pacific Waste Services has identified and submitted an
additional 359 delinquent accounts valued over $43,463 to the city for collection.
Through the City's preliminary collection efforts, 251 accounts have been resolved,
and the remaining 106 accounts valued at $11,821 are now being submitted for
midyear liens (listing available at the City Clerk's office). The account status and
property ownership on these accounts have been verified by both Pacific Waste and
City staff. Many of these delinquent accounts have gone through the lien process
before as they continue to remain unpaid.
These property owners were notified of their delinquencies through a series of past
due notices sent by Pacific Waste until they were ultimately submitted to the City for
collection. City staff also sent out a past due letter, and last month, these property
owners were notified of the public hearing and were asked to pay their delinquent
solid waste service charges by May 6, 2002 to avoid a lien being placed on their
property. City staff has been working with Pacific Waste to resolve any customer
disputes as they arise and payment arrangements have been set up as needed. Staff
will continue to update this list as payments are received and accounts are cleared.
A final list will be submitted to the City Council for consideration as soon as all
payments are recorded.
/5-2-
Page 3. Item_ 15
Meeting Date May 7. 200?
Staff is recommending that the City Council approve the final list of delinquent solid
waste accounts as submitted, and that these charges be forwarded to the County
and assessed as liens on the respective parcels of land and ultimately placed on the.
next regular tax bill for collection.
FISCAL IMPACT:
By using the property tax bill as the ultimate collection method for delinquent solid
waste service charges, an estimated $165,000 should be collected in FY 01-02.
These funds would then be forwarded to Pacific Waste Services less the city's
Franchise Fees, AB939 fees and late charges. The city should recognize an
estimated $15,000 increase in Franchise Fees, $3,000 in AB939 fees, and $11,000
in late charges for FY01-02.
/
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ASSESSING DELINQUENT SOLID
WASTE CHARGES AS LIENS UPON THE RESPECTIVE
PARCELS OF LAND AND APPROVING PLACEMENT OF
DELINQUENT CHARGES ON THE NEXT REGULAR TAX
BILL
WHEREAS, in October, 1998, the City Council amended
Chapter 8.24 of the Chula vista Municipal Code to establish
collection methods for delinquent solid waste service accounts
to be placed on the property tax bill for collection; and
WHEREAS, the ordinance states upon notification
property owners, a public hearing is set for solid
service accounts which are over sixty days delinquent; and
of the
waste
WHEREAS, at the hearing, the city Council is to
consider the delinquent accounts together with any objections or
protests by interested parties; and
WHEREAS, at the conclusion of the hearing, the City
Council may either approve the delinquency and amount owed on
the accounts as submitted or as modified or corrected by the
city Council; and
WHEREAS, a public hearing on delinquent assessments
was properly noticed for May 7, 2002, at which all protests or
objections presented were considered by the City Council; and
WHEREAS, staff is recommending that the city Council
approve the final listing of delinquent solid waste service
accounts as submitted and that these charges be forwarded to the
County for placement on the next regular tax bill for
collection; and
WHEREAS, any delinquent accounts that are cleared by
May 10, 2002, as a result of the public hearing set for May 7,
2002, will be removed from the list prior to the submittal of
these charges to the County.
city of
protests
approve,
by staff
NOW, THEREFORE, BE IT RESOLVED the City Council of the
Chula vista does hereby (1) overrule any and all
or objections presented at the public hearing and (2)
with respect to the delinquent account list presented
and on file in the office of the City Clerk, assessing
1:- y
delinquent solid waste service charges as liens upon the
respective parcels of land and the placement of such delinquent
charges on the next corresponding regular tax bill unless
cleared by May 10, 2002.
Presented by
Approved as to form by
l
Robert Powell
Assistant City Manager
J:\Attorney\RESO\Solid waste DELINQUENCYS 07
j
',,--------/
2
;':::' r'-
/~: -'j
CITY COUNCIL AGENDA STATEMENT
Item No,:
Meeting Date: 5/7/02
ITEM TITLE: PUBLIC HEARING: Consideration of amendments to the EastLake Greens
and EastLake Trails Sectional Planning Area (SPA) and adopting a new
Sectional Planning Area SPA plan to be known as EastLake II SPA.
RESOLUTION: Approving amendments to the Eastlake Greens and Trails
Sectional Planning Area (SPA) plans and adopting a new Sectional Planning
Area (SPA) plan to be known as EastLake II.
SUBMITTED BY: Director of Planning and Building $(
REVIEWED BY: City Managej.7JtV
The applicant, The Eastlake Company, has submitted an application to amend the Eastlake Greens and
EastLake Trails Sectional Planning Area (SPA) plans and associated regulatory documents to merge
these two Sectional Planning Area SPA plans into a single SPA. The SPAs are located east of the future
SR-125 toll road alignment between Otay Lakes Road and Olympic Parkway (see Locator).
The Environmental Review Coordinator has reviewed the proposed project for compliance with the
California Environmental Quality Act and has determined that the proposed project was previously
covered under the Final Subsequent Environmental Impact Report FSEIR #092-0 1 and FSEIR #97-
04. Thus, no further environmental review is necessary.
RECOMMENDATION:
Adopt attached City Council Resolution approving the proposed amendments to Eastlake Greens and
EastLake Trails Sectional Planning Area (SPA) plans, and adopt the new EastLake II SPA in
accordance with the findings contained therein.
BOARDS AND COMMISSION RECOMMENDATION:
On April I 0,2002, the Planning Commission considered the proposed project and after hearing staff
presentation and public testimony, voted 6-0-1 (McCann absent) to recommend that the City
Council approved the project based on the findings contained in the draft City Council resolution.
/6 -j
Page 2, Item: I (p
Meeting Date: 5/7/02
DISCUSSION:
1. Background
The EastLake General Development Plan contains several residential neighborhoods: 1) the Hills; 2)
the Shores; 3) Salt Creek I; 4) EastLake Greens; and 5) EastLake Trails. Eastlake also features an
activity corridor along EastLake Parkway containing the EastLake Business Center, a commercial
center, community park, high school and a freeway commercial center (see Figure I). The Hills, the
Shores and Salt Creek I residential neighborhoods, were the first three residential neighborhoods in
EastLake. The EastLake Business Center was also created as part of the Eastlake I SPA. The
EastLake Greens was the fourth and the EastLake Trails the fifth residential neighborhoods
developed within the EastLake planned community.
Originally, the Greens and the Trails were envisioned to be developed as one SPA. However, due to
market trends and EastLake' s land acquisition and development phasing, the two areas were planned as
two separate SPAs. Thus, to a great extent, the EastLake Trails SPA is an extension ofthe Greens SPA
in planning, design and development policy.
2. Existing Site Characteristics
The proposed amendments involve the Eastlake Greens and EastLake Trails SPAs, which
consist of: a) 322 acres east of Hunte Parkway between Otay Lakes Road and Olympic Parkway
(EastLake Trails); and b) 995 acres east of the future alignment ofSR-125 toll road alignment,
between Olympic Parkway and Otay Lakes Road.
3. Analysis
The EastLake Greens SPA is located east side of the future SR-125 toll-road alignment between
Otay Lakes Road and Olympic Parkway (see Figure 1). This is a golf oriented residential
community, which includes the southern portion of the EastLake Activity corridor. The EastLake
Greens consist of 995 acres and has a capacity for 3,443 dwelling units in a variety of residential
products, ranging from Low (2.7 du/ac) to high density residential (18 du/ac). It also features
Freeway and Neighborhood Commercial, Professional and Administrative Commercial, open space
and other support land uses.
The EastLake Greens SPA was originally adopted in 1992 and has been amended several times to
adapt to the different residential and commercial marketing trends. With the exception of the 125
acres known as the "Land Swap" (see Figure 2) parcel, the Greens is built out. The residential
portion of the "Land Swap' parcels could be developed with up to 750 dwelling units. The
commercial portion consists of approximately 50 acres of Freeway Commercial and 24 acres of
Professional and Administrative Commercial.
/6-2
Page 3, Item: I"
Meeting Date: 5/7/02
The EastLake Trails SPA is located east of the Greens between Otay Lakes Road and Olympic
Parkway (see Figure 3). The EastLake Trails consists of 322 acres and contains a total of 1143
dwelling units with densities ranging from 2.7 dulac to 18 dulac. The Trails also features a
community park, open space and other support land uses.
The EastLake Trails SPA was originally adopted in 1998. No major amendments have been
approved for the Trails. As of January 2002, the EastLake Trails is approximately 81 % complete.
The combined Eastlake Greens and Trails SPAs would be known as the EastLake II SPA plan. The
new SPA will not change the established land uses, total number of permitted uses or any other
provisions of the currently adopted SPA plans, or their associated regulatory documents, such as
Design Guidelines, Public facilities finance Plan, Air Quality Improvement Plan, Water
Conservation Plan and Planned Community District Regulations. These documents will remain in
effect as the detailed development policy documents for each individual SPA (see Exhibit B of
attached Council Resolution).
Upon adoption of the EastLake II SPA plan, the former Trails and Greens SPA plans shall be
deemed Neighborhood plans.
The new SPA plan will enable the combined area to be developed in a comprehensive manner and
administered more efficiently by City staff. Each Neighborhood (previously SPA) is in a separate
chapter ofthe new EastLake II SPA sharing common documents and Exhibits, such as the EastLake II
GDP, EastLake II Planned Community District Regulations, Affordable Housing Program, etc. In
staffs opinion, the new document format will be much more user friendly, and will simplify the
maintenance and update of these documents.
Although the two documents SPAs would be together, the land use designation, boundaries densities
and permitted number of dwelling units, as stated in their corresponding Site Utilization plan, Land Use
Districts map, and all other associated regulatory documents will remain unchanged.
4. Conclusion
For the reasons stated above, staff recommends approval of the SPA merger as presented by the
applicant and subject to the conditions contained in the Draft City council Resolution.
/0~3
Page 4, Item: I~
Meeting Date: 5/7/02
FISCAL IMPACT:
The cost associated with processing of the project is covered by the applicant's deposit account.
Attachments
1. Locator
2. Planning Conunission Resolution and Minutes
3. Figures
4. Disclosure Statement
J: Planning\jeff\Eastlake\spamerger\pcm02.19ccrpt
1&-1
ATTACHMENT 1
D
ROLLING HILLS
RANCH
EASTLAKE
I
'"
~
-
I
PROJECT
lO~ATION \
lOWER
OTAY
lAKES
CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT PROJECT DESCRIPTION:
(!) APPLICANT, THE EASTIAKE CXlMPANY SPA AMENDMENT
PROJECT
ADDRESS; OTAY LAKES RD. & EASTLAKE PKWYIHUNTE PKWY Request: Proposed merger of Eastlake Greens
and Eastlake Trails SPA.
SCALE: FILE NUMBER:
NORTH No Scale PCM-02-19
rlhomelplanninglcherrylc\locatorslpcm02.19.cdr 02.15.02 It, _ ,;
ATTACHMENT 2
RESOLUTION NO. PCM-02-l9
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
RECOMMEDlNG THAT THE CITY COUNCIL APPROVE AMENDMENTS TO THE
EASTLAKE II GENERAL DEVELOPMENT PLAN, EASTLAKE GREENS AND
TRAILS SECTIONAL PLANNING AREA (SPA) PLANS AND ADOPT A NEW
SECTIONAL PLANNING AREA (SPA) PLAN TO BE KNOWN AS EASTLAKE II
WHEREAS, duly verified application was filed with the City of Chula Vista
Planning Department on February 5, 2002 by The Eastlake Company (Developer)
requesting amendments to the Eastlake II General Development Plan (GDP) and Eastlake
Greens and Trails Sectional Planning Area (SPA) Plans to merge the two documents into a
single SPA to be known as EastLake II. ("Project"); and,
WHEREAS, the areas of land which are the subject of this Resolution are
commonly known as EastLake Trails and EastLake Greens and for the purpose of this
Resolution consist of approximately 322 acres east of Hunte Parkway between Otay Lakes
Road and Olympic Parkway (EastLake Trails) and 995 acres east ofthe future alignment of
SR-125 toll road between Otay Lakes Road and Olympic Parkway (EastLake Greens); and,
WHEREAS, the amendments to the Eastlake II General Development Plan,
EastLake Greens and EastLake Trails Sectional Planning Area (SPA) plans and associated
regulatory documents consist of merging the two SPA into a single Sectional Planning Area
(SPA) plan to be known as EastLake II SPA; and,
WHEREAS, The Environmental Review Coordinator has reviewed the proposed
project for compliance with the Califomia Environmental Quality Act and has determined
that the proposed project was previously covered under the EastLake III Final Subsequent
Environmental Impact Report (FSEIR #01-01). Thus, no further environmental review is
necessary.
WHEREAS, the Planning Commission, having received certain evidence on April
10, 2002, as set forth in record of it proceedings herein by reference as is set forth in full,
made certain findings as set forth in their recommending Resolution No. PCM-02-19,
herein and recommended to the City Council the approval of the applications based on
certain terms and conditions; and,
WHEREAS, the Planning Director set the time and place for a hearing on said
Project, and notice of said hearing, together with its purpose was given by its publication in
a newspaper of general circulation in the City, mailing to property owners within 500 ft. of
thc exterior boundaries of the property at least 10 days prior to the hearing; and,
1
I h-{,
WHEREAS, the hearing was held at the time and place advertised, namely April 10,
2002 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION
DOES hereby recommend that the City Council adopt the attached Draft City Council
Resolution, approving the Project in accordance with the findings and subject to the
conditions contained therein.
BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the City
Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITYOF
CHULA VISTA, CALIFORNIA, this 10"' day of April, 2002, by' the following vote, to-
wit:.
AYES: Willett, Thomas, 0 Neill, Cortes, Hall, Castaneda
NOES:
ABSENT: McCann
ABSTAINED:
ABSTAINED:
Kevin 0' Neil, Chairperson
Diana Vargas, Secretary
2
/&-7
Planning Commission Minutes
- 4 -
April 10, 2002
2. PUBLIC HEARING: PCM 02-19; Consideration of amendments to the Eastlake II
General Development Plan, Eastlake Greens and Eastlake Trails
Sectional Planning Area (SPA) and adopt a new Sectional
Planning Area SPA plan to be known as Eastlake II SPA.
Background: Luis Hernandez, Principal Planner reported that the Eastlake Greens
consists of 995 acres and has a capacity for 3,443 dwelling units in a variety of
residential products and also features a variety of commercial uses open space and other
support land uses.
The Eastlake Greens SPA was originally adopted in 1992 and has been amended several
times to adapt different residential and commercial marketing trends. With the exception
of the 125 acres known as the "Land Swap" parcel, the Greens is built out.
The Eastlake Trails consists of 322 acres and contains a total of 1,143 dwelling units and
also features a community park, open space and other support land uses. The Trails SPA
was originally adopted in 1998 and no major amendments have been approved. As of
January 2002, the Trails has received all necessary entitlements and construction is about
81 % complete.
The Greens and Trails were original envisioned to be developed as one SPA, however,
due to market trends and Eastlake land acquisitions and development phasing, the two
areas were areas were planned as two separate SPA's, thus, to a great extent, the Trails
SPA is an extension of the Greens SPA in planning, design and development policy.
The two SPA's are governed by a common GDP and share other regulatory documents
and an Affordable Housing program and agreement and a Community Purpose Facility
Master Plan.
The new SPA will not change the established land uses or any other provisions of the
current SPA plans, will enable the combined area to be fully developed in a
comprehensive manner and will be much more user-friendly, simplifying the
maintenance and update of these documents.
Staff recommendation: That the Planning Commission adopt Resolution PCM 02-19
recommending that the City Council approve the proposed amendments to the Eastlake II
General Development Plan, Eastlake Greens and Eastlake Trails SPA Plans and adopt a
new Eastlake II SPA merger in accordance with the findings and subject to the conditions
contained therein.
Public Hearing Opened and Closed 6:55.
/6 -ft
Planning Commission Minutes
- 5 -
April 10, 2002
MSC (Willett/Thomas) (6-0-1-0) That the Planning Commission adopt Resolution PCM
02-19 recommending that the City Council approve the proposed amendments to the
Eastlake II General Development Plan, Eastlake Greens and Eastlake Trails SPA Plans
and adopt a new Eastlake II SPA merger in accordance with the findings and subject to
the conditions contained therein. Motion carried.
)0 -1
ATTACHMENT 3
(see attached figures)
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A PLANNED COMMUNITY BY EAST1.AKE DEVELOPMENT co.
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EastLake Trails
A Planned Community by The EastLake Company
Exhibit 5
8-14-00
1-]4
Figure
3
lie -/if
ATTACHMENT 4
THE cm' OF CHULA VISTA DISCLOSURE STATEML"''T
St.a.1cmCDI of disclosure of cenain ov.rnenhip wtcrest5, paymeo15, or campaign contributiOns, OD all matters whi:h
will require discretionary action OD the pan of the eiry Council, Planning Commission, and all other official bodies.
The following information must be disclosed:
1.
list the IWIlCS of all persons have a financial interest in lhe contract, i.e.. conrraaor, subcQntractor.
IIl3Ierial supplier.
T~~(n. ~I\:';~~
COMPA-N~
I Ale .'H) (
2.
If any person identified pursuant to (I) above is . corporation or pannership, list the names of all
individuals owning more than 10% of Lhc ~ in the corporation or owning any parmcrship interest in
the parmership.
j - C;. pe:S We/ L-
3.
If an)' perwn identified pursuant to (I) above is non-profit organiution or a trust, list the names of an)'
person serving as director of the Don-profit organ.iz.atioD or as trUStee or beneficiary or UUSlec of the trust.
4 Have you had more than S250 worth of business lI4J1lsacled with any member of the eir)' staff. Boards.
Commissions. Comminees and CounciJ wilhin lIle past twelve months?
No
5. Please identify each and evel)' person, including any agentS, employees, ronsultantS or independent
contr.lCtors who you have assigned to reprcs= you before the Ci~, this maner.
~~~L ~iiW\ :Z;~~'l (~~~y
_ILL ___~IN
6_ Have you andlor your officers or agcuLS, in the aggregate. contributed more than $1.000 to a Council
member in <he current or preceding eJection period? Yes [ ) No 1..f"1t yes, Slate which Council
member(s):
Pen.on" defined as: -An}' iodividwJ. firm. co-.-pntDcnhip,joinl vcnwft,l.SSOCiuion. socUJ club, tr.urmaJ orga.nilltion. corpon.tion. esu~.
au~ ~jvcr. syDdic.w:. dlis and ILlY OI:bcr coumy. ciry and c.ounry, eif)', municip.ality, disuicl or other politi.ca1 subdivision, or &Dr mbcr g-TOUp
or combination acting 15 1 unit. .
Date: 2. -04 ---{) Z---
(NOTE: Attacb additional ~ges 15 neccss.uy)
Signarure
~or/applicam
G 4 AsttnLn
Pnm Of fype name of comf4Ctor/app!J=t
WPCf:\HOME\PL\NNINGI$TORED\lOll_A.91 Rd. 1020,93) (Rd. ) 0:2 .9],
/6 -It/
RESOLUTION 2002 -
RESOLUTION OF THE CITY OF CHULA VISTA CITY
COUNCIL APPROVING AMENDMENTS TO THE CHULA
VISTA EASTLAKE GREENS AND TRAILS SECTIONAL
PLANNING AREA (SPA) PLANS AND ADOPTING A NEW
SECTIONAL PLANING AREA SPA PLAN TO BE KNOWN AS
EASTLAKE II
I RECITALS
A Project Site
WHEREAS, the areas ofland which are the subject of this Resolution are diagrammatically
represented in Exhibit A and hereto incorporated herein by this Resolution, and commonly
known as EastLake Trails and EastLake Greens, and for the purpose of general description
herein consist of: a) 322 acres east of Hunte Parkway between Otay Lakes Road and
Olympic Parkway (EastLake Trails); and b) 995 acres east of the future alignment of SR-
125 toll road alignment, between Olympic Parkway and Otay Lakes Road ("Project Site");
and,
B. Project; Application for Discretionary Approvals
WHEREAS, duly verified application was filed with the City of Chula Vista Planning
Department on February 5, 2002 by The Eastlake Company (Developer) requesting
amendments to the Eastlake Grcens and Trails Sectional Planning Area (SPA) Plans to
merge the two documents into a singlc SPA to be known as EastLake II. ("Project"); and,
C Prior Discretionary Approvals
WHEREAS, prior discretionary action for the development Trails portion of the Project Site
has been the subject matter of l) a General Development Plan, Eastlake II (Eastlake 1
Expansion) General Development Plan previously approved by City Council Resolution
No. 15198 ("GDP"), and amended by City Council Resolution No. 19275 on November 24,
1998; 2) the Eastlake Trails Sectional Planning Area Plan ("SPA"); 3) Eastlake Trails Air
Quality Improvement Plan (AQIP); 4) Eastlake Trails Water Conservation Plan (WCP); 5)
Eastlake Trails Planned Community District Regulations; 6) Eastlake Trails Design
Guidelines; 7) Eastlake Trails Public Facilities Financing Plan; Eastlake Comprehensive
Affordable Housing Program, previously approved by City Council Resolution No. 19275,
on November 24, 1998; Eastlake 1lI Amended and Restated Development Agreement,
approved on October 9, by Ordinance No. 2846; and
/ t;, -
,~
/,
WHEREAS, prior discretionary action for the development Greens portion of the Project
Site has been the subject matter of 1) a General Development Plan, Eastlake 11 (Eastlake I
Expansion) General Development Plan previously approved by City Council Resolution
No. 15198 ("GDP"); 2) the Eastlake Greens Sectional Planning Area Plan ("SPA"); adopted
by the Council Resolution No. 15199 (SPA) on July 18, 1989; and 3) Eastlake Greens Air
Quality Improvement Plan (AQlP); Eastlake Greens Water Conservation Plan (WCP);
Eastlake 11 Planned Community District Regulations; Eastlake Greens Design Guidelines;
Eastlake Greens Public Facilities Financing Plan; all previously approved by City Council
on November 24, 1992 by Resolution No. 16898: and 4) Eastlake Comprehensive
Affordable Housing Program, previously approved by City Council Resolution No. 19275,
on November 24, 1998; Eastlake III Amended and Restated Development Agreement,
approved on October 9, by Ordinance No. 2846; and
D. Planning Commission Record of Application
WHEREAS, the Planning Commission held an advertised public hearing on the Project on
April 10,2002, and voted 6-0-1 (McCann Absent) to forward a recommendation to the City
Council on a proposal to amend the Eastlake Greens and Trails Sectional Planning Area
(SPA) plans, and adopt a new SPA plan merging the Trails and Greens into a single
document.
WHEREAS, The proceedings and all evidence introduce before the Planning Commission
at the public hearing on this project held on April 10, 2002 and the minutes and resolution
resulting there from, are hereby incorporated into the record of this proceedings; and
E. City Council Record of Application
WHEREAS, the City Clerk set the time and place for the hearing on the Project application
and notices of said hearings, together with its purposes given by its publication in a
newspaper of general circulation in the city, and its mailing to property owners within 500
ft. of the exterior boundaries of the Project Sites at least ten days prior to the hearing.
NOW THEREFORE BE IT RESOLVED that the City Council hereby find, determine and
resolve as follows:
II. COMPLIANCE WITH CEQA
WHEREAS, The Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act and has determined that
the proposed project was previously covered under the Final Subsequent Environmental
Impact Reports FSElR #92-01 and FSEIR #97-04. Thus, no further environmental
revIew IS necessary.
2
It//;
111. SPA FINDlNGS/ APPROVAL
A. THE SECTIONAL PLANNING AREA (SPA) PLANS (AS AMENDED) ARE IN
CONFORMITY WITH THE EASTLAKE II GENERAL DEVELOPMENT PLAN
AND THE CHULA VISTA GENERAL PLAN.
The proposed amendment will not affcct the land use distributions outlined in the
Eastlake II General Devclopment Plan nor the Chula Vista General Plan. The
primary change is to merge two SPAs into a single SPA. The land use designation,
boundaries densities and pemlitted number of dwelling units, as stated in their
corresponding Site Utilization plan, Land Use Districts map, and all other associated
regulatory documents will remain unchanged.
B. THE SECTIONAL PLANNING AREA PLANS WILL PROMOTE THE
ORDERLY SEQUENTlALIZED DEVELOPMENT OF THE INVOLVED
SECTIONAL PLANNING AREAS.
The Proposed SPA amendment does not propose changes in the development
phasing. Therefore, the adopted documents phasing will continue to promote the
orderly development of the Sectional Planning Area Plan.
C. THE EASTLAKE SECTIONAL PLANNING AREA (SPA) PLANS, AS
AMENDED, WILL NOT ADVERSELY AFFECT ADJACENT LAND USE,
RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL
QUALITY.
Since the SPA's land use designation, boundaries densities and permitted number of
dwelling units, as stated in their corresponding Site Utilization plan, Land Use
Districts map, and all other associated regulatory documents will not change, the
proposed amendments will not adversely affect adjacent land uses, circulation
system or environmental quality.
D. IN THE CASE OF PROPOSED INDUSTRIAL AND RESEARCH USES, THAT
SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION,
AND OVERALL DESIGN AND DEVELOPMENT STANDARDS ARE SUCH
AS TO CREATE A RESEARCH OR INDUSTRIAL ENVIRONMENT OF
SUSTAINED DESIRABILITY AND STABILITY; AND, THAT SUCH
DEVELOPMENT WILL MEET PERFORMANCE STANDARDS
ESTABLISHED BY THIS TITLE.
The amendments do not propose ehanging the designated areas planned for
industrial or research uses.
3
/::-1..7.
J't_ '
E. IN THE CASE OF INSTITUTIONAL, RECREATIONAL, AND OTHER
SIMILAR NONRESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL
BE APPROPRIATE IN AREA, LOCATION AND OVER-ALL PLANNING TO
THE PURPOSE PROPOSED, AND THAT SURROUNDING AREAS ARE
PROTECTED FROM ANY ADVERSE EFFECTS FROM SUCH
DEVELOPMENT.
The Eastlake Greens and Trails SPA amendments do not propose changing the
designated Institutional, Recreational or similar uses.
F. THE STREET AND THOROUGHFARES PROPOSED ARE SUITABLE AND
ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON.
The proposed amendmcnts do not propose changes to the circulation network
adopted for cach individual road. Improvements will be constructed per the timing
requirements outlined in the adopted Public Facilities Financing Plans
G. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED
ECONOMICALLY AT THE LOCATION (S) PROPOSED AND WILL
PROVIDE ADEQUATE COMMERCIAL FACILITIES OF THE TYPES
NEEDED AT SUCH PROPOSED LOCATION (S).
The Eastlake Greens and Trails SPA amendments do not propose changing the
designated commercial uses
H. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED
AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY
WITH SAID DEVELOPMENT.
Since the SPAs, the land use designation, boundaries densities and permitted
number of dwelling units, as stated in their corresponding Site Utilization Plan,
Land Use Districts map, and all other associated regulatory documents will not
change, the proposed amendments will not adversely affect the planning and
developmcnt of surrounding properties.
BE IT FURTHER RESOLVED that in light of the findings above, the City Council does
hereby approves the EastLake Greens and EastLake Trai Is SPA amendments and adopts the
new EastLake II Sectional Planning Area SPA plan on file in the Office of the City Clerk.
4
! //
Presented By:
Approved as to form by:
(c 11J~ 1r~
John Kaheny
City Attorney
Robert A. Leite r-
Director of Planning
(':\WIN[)()WS\Tcmpor:.lI)' Internet Files\OLK8J86\Pt'M-02-]1)CCreso.doc
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ROLLING HILLS
RANCH
EASTLAKE
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LAKES
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PROJECT
lO~ATION \
C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT PROJECT DESCRIPTION:
(!) APPLICANT THE EASTIAKE COIIiP./INY SPA AMENDMENT
PROJECT
ADDRESS: GTAY LAKES RD_ & EASTLAKE PKWYIHUNTE PKVVY Request: Proposed merger of Eastlake Greens
and Eastlake Trails SPA.
SCALE: FILE NUMBER:
NORTH No Scale PCM-02-19
. .
j:\home\planning\cherrylc\locators\pcm02.19.cdr 02.15.02
ExhIbIt
A
/b -20
SPA PLAN
EastLake II Sectional Planning Area (SPA)
[EastLake Greens & EastLake Trails Neighborhoods]
DRAFT
February 4, 2002
Project Sponsor:
The EastLake Company
900 Lane A venue, Suite 100
Chula Vista, CA 91914
Contact: Guy Asaro
(619) 421-0127
Prepared by:
Cinti Land Planning
2932 Poinsettia Drive
San Diego, CA 92106
Contact: Gal)' P. Cintj
(619) 223-7408
Exhibit B
/0-2/
SECTIONAL PLANNING AREA (SPA) PLAN
TABLE OF CONTENTS
SECTION PAGE
1. Introduction ................................... . . . . . . . . . . . . . . . . . . . . . .. 1
1.1 Background
1.2 Scope & Purpose of the Plan
1.3 Record of Amendments
1.4 Location & Regional Setting
1.5 Community Structure
1.6 Legal Significance/EIR
1.7 SPA Plan Consistency with GDP
2. Development Concept .................................................. 10
2.1 Design Influences
2.2 Land Use Pattern
2.3 Density Transfer
2.4 Housing Programs
2.5 Urban Design Concept
2.6 Landscape Concept
3. Grading & Phasing ..................................................... 13
3.1 Grading
3.2 Phasing
4. Public Facilities ........................................................ 14
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SPA PLAN
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/&-22-
EXHIBIT
I
2
3
4
(02/04/02)
LIST OF EXHIBITS
PAGE
Vicinity Map ................................................ 5
SPA Boundaries & Neighborhood Locations ....................... 6
General Development Plan ..................................... 9
Site Utilization Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10
SPA PLAN
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/~ .23
SECTIONAL PLANNING AREA (SPA) PLAN
1. Introduction
1.1 Background
The most basic goals, policies and land use designations for development of EastLake II are
provided in the Eastern Territories Area Plan of the Chula Vista General Plan. To implement the
General Plan, the entire community has been zoned "Planned Community" (P-C) and designated for
a range of urban uses defined in the EastLake II General Development Plan (GDP). The EastLake
II SPA project area includes two neighborhoods, EastLake Greens and EastLake Trails, which were
initially planned as a single incremental component of the overall EastLake Planned Community,
with interconnecting circulation systems on either side of Hunte Parkway. Project processing issues
lead to the separation of the two neighborhoods and the independent approval of two Sectional
Planning Area (SPA) Plans. The intent of this new EastLake II SPA Plan is to re-establish the
planning connection between the two neighborhoods in order to efficiently administer the build-out
of both areas.
Adoption of this EastLake II SPA Plan will establish a new EastLake II SPA containing the
previously approved EastLake Greens and EastLake Trails SPAs. This new SPA plan will not
change any land uses or other provisions of the currently adopted SPA plans and associated plans
such as Design Guidelines, Public Facility Finance Plans (PFFPs), etc., which will remain in effect
as the detailed development policy documents for the individual neighborhoods. Upon adoption of
this EastLake 11 SPA Plan, the neighborhood-specific plans shall be deemed "Supplemental
Sectional Planning Area" (also SPA) plans which implement this Sectional Planning Area Plan
which meets the requirements for the Planned Community (P-C) Zone per the requirements of the
Chula Vista Zoning Ordinance. Although defined as Supplemental Sectional Planning Areas or
SPAs, the EastLake Greens and EastLake Trails developments will be referred to in this document
as "neighborhoods" and the previously adopted SPA plans as neighborhood-specific or
neighborhood-level plans in order to avoid confusion with the overall EastLake 11 SPA and SPA
Plan.
1.2 Scope & Purpose ofthe Plan
As a primarily administrative document, provisions of this EastLake 11 SPA are a compendium of
existing plans both for design and planning policy/regulations. As such, this SPA plan relies upon
established policies, programs and regulations to a greater extent than other EastLake SPAs. It also
provides more implementation flexibility to avoid the necessity of formal plan amendments for
minor plan adjustments.
This SPA Plan refines and implements the development concept of the EastLake II General
Development Plan (GDP) which itself refines and implements the development designated for the
project site in the Chula Vista General Plan. This SPA Plan (and neighborhood-specific plans for
the EastLake Greens and EastLake Trails neighborhoods) define, in more detailed terms, the
development parameters for the EastLake 11 planned community, including the land use mix, design
(02/04/02)
EASTLAKE II SPA PLAN
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I h -2lf
criteria, primary circulation pattern, open space and recreation concept, and infrastructure
requirements. Additionally, the character and form of the project will be directed by a series of
guidelines, development standards and quality of life standards, plans and programs prescribed in
the EastLake II Planned Community (PC) District Regulations (applicable to both neighborhoods),
and neighborhood-specific Design Guidelines and Public Facilities Finance Plan (PFFP) and other
associated regulatory documents adopted previously, which serve as implementing plans for this
SPA plan.
The specific regulatory document and provisions provided herein, including the PC District
regulations and related SPA documents, shall supersede the general standards established in other
regulations, including the City Zoning Ordinance. If an item is not addressed in the SPA Plan and/or
associated regulatory documents, then the applicable City-wide regulations shall apply.
The SPA Associated regulatory documents are as follows:
Planned Communitv District Regulations
The Planned Community District Regulations establish land use districts and regulations within
those districts pursuant to Title] 9 (Zoning Ordinance) of the Municipal Code in order to
safeguard and enhance the appearance and quality of development in the EastLake II, and
promote the health, safety and general welfare of the EastLake II residents and the city ofChula
Vista as a whole. The EastLake II PC District Regulations apply to both the EastLake Greens
and EastLake Trails neighborhoods.
Public Facilities Finance Plan (PFFP)
The purpose of the PFFP is to implement the City's Growth Management Program and to meet
the goals and objectives outlined in the Growth Management Element of the City's General
Plan. The two neighborhood-level PFFPs ensure that development of East Lake II occurs only
when necessary public facilities and services exist or are provided concurrent with the demands
of new development. EastLake Greens and EastLake Trails have separate subdivision maps,
to which many public facility improvements are tied, hence separate PFFPs were prepared and
remain in effect.
Design Guidelines
Design Guidelines are provided in a manual to guide the site planning, building architecture and
landscape architecture within the different neighborhoods and land uses of EastLake II. They
illustrate the Master Developer's philosophy and commitment to high quality planned
development standards. Although the two neighborhoods are connected by shared circulation
routes and community-wide design features, the neighborhood character and site design issues
for each are sufficiently different to require independent design guidance, hence separate
Design Guidelines were adopted and remain in effect.
(02/04/02)
EASTLAKE 11 SPA PLAN
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J 10 - 25
Affordable Housing Program
In order to guarantee the provision of affordable housing opportunities, the City requires that
a specific Affordable Housing Program and agreement be consistent with Housing Element of
the General Plan. An affordable housing program is intended to delineate how, when and when
the required affordable housing units will be provided, intended subsidies, income rent
restrictions and method of verifying compliance. The program may be implemented through
various mechanisms, including development agreements, tentative map conditions or specific
housing project agreements. The EastLake Affordable Housing Program has been adopted
which includes the EastLake II SPA and meets this requirement.
Air Oualitv Improvement Plan
The purpose of the Air Quality Improvement Plan (AQIP) is to respond to the Growth
Management policies of the city ofChula Vista. The most significant Air Quality Improvement
measures are those policies are those policies and regulations established at broadest geographic
levels (i.e., State and Federal). However, at the local level, the Air Quality Improvement Plan
identifies mitigation or improvement measures such as: pedestrian and bicycle paths, land use
mix, access to regional vehicular systems, transit access, site design, park and ride facilities, and
telecommuting, among others. AQIPs were adopted with approval of the plans for each
neighborhood and remain in effect.
Water Conservation Plan
The purpose of the Water Conservation Plan is to respond to the Growth Management policies
of the city ofChula Vista. The Water Conservation Plan is intended to respond to the long term
need to conserve water in new development, establishing water conservation standards for
residents of East Lake II. Water Conservation Plans were adopted for each neighborhood in the
EastLake II SPA and remain in effect.
1.3 Record of Amendments
(To be inserted upon amendment)
1.4 Location & Regional Setting
The EastLake II SPA is located in the eastern portion of the Chula Vista city limits. The majority
of the site is located between the future alignment of State Route 125 and Salt Creek open space
corridor. The site is bounded by Otay Lakes Road on the north and Olympic Parkway on the south,
except for one open space parcel south of Olympic Parkway. The Project Vicinity Map, Exhibit I,
identifies the location of the EastLake II SPA with respect to regional features of Eastern Chula
Vista_ The location of the EastLake II SPA within the overall EastLake Planned Community and
the location of the EastLake Greens and EastLake Trials neighborhoods is depicted in Exhibit 2.
The EastLake II SPA is comprised of two neighborhoods, EastLake Greens and EastLake Trails.
EastLake Greens is located west of Hunte Parkway and is bisected by EastLake Parkway and SR-
(02/04/02)
EASTLAKE II SPA PLAN
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/b -2(;,
125. The EastLake Trails neighborhood extends from Hunte Parkway east to include the Salt Creek
open space corridor. EastLake Business Center is located north of EastLake Greens while the
EastLake Woods neighborhood, within the EastLake III SPA, is located north of East Lake Trails.
The EastLake Vistas neighborhood, also within the EastLake III SPA is located east of EastLake
Trails. The developing Otay Ranch community is located to the south SPA.
(02/04/02)
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/lrZ7
EASTLAKE 11 SPA PLAN
Vicinity Map
L. .....
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Exhibit 1
(02104/02)
EASTLAKE 11 SPA PLAN
-5-
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SPA Boundaries
EastLake II SPA
EastLake Planned Community
(02/04/02)
Exhibit 2
EASTLAKE II SPA PLAN
-6-
/~ ~21
1.5 Community Structure
The community structure of the EastLake II neighborhoods, at a fundamental level, is established
by the EastLake II General Development Plan. This section is intended to highlight the design
features of the two neighborhoods within the SPA plan as an introduction to the project.
The community structure of the EastLake II SPA reflects the inclusion of two separate residential
neighborhoods, and a mixed-use "Activity Corridor" adjacent to the SR-125 alignment. The major
roads and interconnecting neighborhood circulation routes serve to integrate the neighborhoods with
each other, the overall EastLake Community and Chula Vista's Eastern Territories. The greenbelt
corridor within Salt Creek is one of the two branches of the Chula Vista Greenbelt implemented by
the project. This greenbelt component is part of a larger city-wide park and open space system
connected by hiking and bicycle trails. The greenbelt and arterial road system provide a framework
within which EastLake II will be developed. Beyond this framework however, the two EastLake
neighborhoods have individual structures and identities.
The EastLake Greens neighborhood, to the west, is primarily a mixed density residential
neighborhood sited around a golf course. The neighborhood is bisected by EastLake Parkway which
serves as the "Activity Corridor" access. The Activity Corridor includes a range of commercial,
educational and public and quasi-public facility sites which serve the entire EastLake Community
and surrounding areas. One office commercial parcel is located west of the SR-125 ROW. A large
utility corridor crosses the south west quadrant ofthe neighborhood, creating a long narrow open
space feature. A looping neighborhood collector road intersects with Hunte Parkway in two
locations and continues eastward serving the EastLake Trails neighborhood.
The EastLake Trails neighborhood is a much smaller, predominately single family residential
neighborhood oriented to the open space, parks and recreational facilities in the Salt Creek corridor.
A significant area of "natural" open space is located in the southern portion of the Salt Creek, while
developed parks and recreational facilities are located in the northern portion. One open space parcel
within the neighborhood planning area is located south of Olympic Parkway and physically
separated from the rest of the project.
1.6 Legal Significance/EIR
The California Environmental Quality Act (CEQA) requires the preparation of an environmental
impact report (ElR) or other environmental analysis for any project that a lead agency (such as the
City) proposes to implement, unless the project is specifically exempt by CEQA.
According to CEQA Section 21002.1, "The purpose of an EIR is to identify the significant effects
of a project on the environment, to identify alternatives to the project and to indicate the manner in
which those significant effects can be mitigated or avoided." CEQA also provides mechanisms
whereby the public and decision-makers can be informed about tl)e nature of the proposed project
and the type and extent of the impacts the project and project alternatives would have on the
environment if implemented.
(02/04/02)
EASTLAKE II SPA PLAN
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/10-3 D
Appropriate environmental documents were prepared and certified in conjunction with the initial
approval ofthe development plans for each neighborhood. Approval of this primarily administrative
plan will not change the environmental impacts or mitigation measures associated with either of the
two projects and should not require significant additional environmental documentation itself.
SPA Plan related mitigation measures identified in the EIRs have been incorporated in the respective
neighborhood-specific plans and associated regulatory documents, as appropriate. Mitigation
measures not incorporated into these documents have been incorporated into other implementation
actions associated with project approvals for each neighborhood.
1.7 SPA Plan Consistency with GDP
A SPA Plan must be consistent with the corresponding GDP and the Chula Vista General Plan in
order to be approved.
Comparison ofthe EastLake II GDP Map (Exhibit 3) and the EastLake II SPA Site Utilization Plan
(Exhibit 4) indicates consistency. Further, a finding of consistency with the GDP was made with
the approval of each set of neighborhood-specific plans. Since this SPA Plan will not change any
land uses or other provisions of the previous plans, it too is consistent with the GDP.
1.7.1 Site Utilization Plan
The EastLake II Site Utilization Plan (Exhibit 4) identifies each of the development parcels
within the two neighborhoods. Note that the parcel label includes a neighborhood identification
as the initial letter in the parcel number, "G" for EastLake Greens and "T" for EastLake Trails.
Following the initial letter is the parcel number used in the neighborhood-specific plans. For
example, parcel "GR-l" is a parcel located in the EastLake Greens neighborhood and is
identified as parcel "R-l" in the EastLake Greens neighborhood-specific planning documents.
Similarly, 'TR-l" is a parcel located in the EastLake Trails neighborhood and is identified as
parcel "R-l" in the EastLake Trails neighborhood-level plan package.
It should also be noted that the parcels or "development bubbles" are drawn differently in each
neighborhood. Neighborhood circulation is "outside the bubble" within the EastLake Greens
neighborhood and "inside the bubble" for parcels in EastLake Trails. Thus, development
statistics such as density are not comparable between the two neighborhoods. Detailed project
approvals which require precise calculations or comparisons should utilize the Site Utilization
Plans and statistical summaries provided in the neighborhood-specific documents.
(02/04/02)
EASTLAKE II SPA PLAN
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(02/04/02)
EASTLAKE 11 SPA PLAN
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2. Development Concept
2.1 Design Influences
The primary influences in developing the EastLake II SPA Plan are the two adopted neighborhood-
specific development plans for EastLake Greens and EastLake Trails. These plans were formulated
based on provisions in the Chula Vista General Plan, the EastLake II General Development Plan,
on-going development in adjacent neighborhoods, other existing adjacent development and the
natural landform characteristics of the sites. This SPA Plan, by directly incorporating the plans
developed at the neighborhood level, appropriately responds to these design influences.
2.2 Land Use Pattern
As with design influences, the EastLake II SPA directly incorporates the approved land use patterns
in the neighborhood level plans which were previously approved. This overall land use pattern is
both approriate to the site and consistent with the land use policies and requirements of the Chula
Vista General Plan and EastLake II GDP.
2.3 Density Transfer
This SPA Plan provides guidance for future development at the subdivision and improvement plan
level, and is the basic reference for determining permitted land uses, densities, total unit, and
required public facilities. These are illustrated in the Site Utilization Plan, Exhibit 4, which is the
key map for this SPA Plan.
Even though the SPA Plan contains specific guidance for development, it is not intended to be used
in a manner which predetermines the development solution for each and every parcel.
Modifications, such as slight deviation from the internal circulation, parcel configuration and other
minor adjustments not altering the design density or intent of this SPA plan, may occur as part of
the Tentative Subdivision Map or other administrative process, provided the Director of Planning
determines that the adjustments are minor and can be processed as an update to the SPA plan and
associated regulatory documents. Minor modifications include changes to internal circulation;
changes in unit count or parcel size of less than 10%; and, similar small changes resulting from
design refinements. Following approval of the tentative map, the corresponding changes to the GDP
and/or SPA Plan text and exhibits shall be made and/or approved by the Director of Planning as an
administrative action.
Further, the SPA Plan is not a guarantee that a certain dwelling unit yield will be achieved at the
subdivision level. The maximum density (high end of DU range indicated) as specified for
individual parcels shall not be exceeded; however, actual dwelling unit yields for projects will be
determined by field conditions, site plan and architectural review, and a number of external factors
that influence the design and density of individual projects. Transfers in density from one parcel to
another may be permitted subject to the provisions of the EastLake II General Development Plan.
(02/04/02)
EASTLAKE II SPA PLAN
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2.4 Housing Programs
The predominant land use in the EastLake II SPA plan is residential, intended to provide housing
in response to local market demands. This SPA permits a variety of housing types in responding to
these demands, ranging from attached condominium projects to housing on lots exceeding 10,000
square feet. The SPA Plan only pre-determines the housing mix to the extent that a target density
and one or more of three housing types are identified for each parcel. The three housing types are:
single family detached (SFD); single family attached (SF A); and, muti-family (MF). Within these
residential parameters, a number of housing concpets are permitted, consistent with the development
standards of the respective land use district identified in the EastLake II PC District Regulations, to
allow response to changing market conditions.
The City ofChula Vista, along with all other cities in California, is required by State law to have a
Housing Element as a component of its General Plan. The Housing Element describes the housing
needs of the community and the responses necessary to fulfill them. The Chula Vista Housing
Element contains numerous objectives, policies and related action programs to accomplish these
objectives. Key among these policies is the affordable housing policy which requires that residential
development with fifty (50) or more dwelling units provide a minimum of 10% of the total dwelling
units for low and moderate income households, one-half ofthese units (5% of the total project) being
designated to low income and the remaining five percent (5%) to moderate income households.
In order to guarantee the provision of Affordable Housing opportunities, the City requires that a
specific Affordable Housing Program (AHP) and agreement, consistent with the Housing Element,
be prepared and signed by the Developer. The AHP delineates how, when and where affordable
housing units are to be provided, intended subsidies, income and/or rent restrictions, and methods
to verify compliance. An Affordable Housing Program(s) has been approved for the residential
development within the EastJake II SPA consistent with this requirement. Approval ofthis SPA plan
will not affect the provions of the adopted housing program(s).
2.5 Urban Design Concept
There is no overriding urban design concept for development of EastLake II. Landscaping and
hardscaping, such community walls and monument signs, will be used to establish neighborhood
identity and will be consistent with EastLake Community standards and the adopted design
guidelines for each neighborhood. The architecture and urban design features of various projects
within each neighborhood are expected to reflect a diversity of design themes and influences while
unified within a single project, consistent with high quality suburban residential development.
Additional details regarding urban design and site planning are provided in the Design Guidelines
previously adopted for each neighborhood.
2.6 Landscape Concept
As with Urban Design, landscape plans have been adopted for each neighborhood. These provide
a general design framework which allows latitude and flexibility to each individual project while
maintaining the overall goals and objectives of the community. The intent of the landscape
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EASTLAKE II SPA PLAN
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concept(s) is to reinforce the design pattern established by the Site Utilization Plan. This pattern
consists of the predominate residential district and an recreation/greenbelt corridor along with a
series of paths, edges and landmarks. Dominant trees have been selected to create distinct identities
and visual continuity. Each neighborhood and major thoroughfares have identified dominant trees.
Landscape design is addressed in greater detail in the neighborhood-specific Design Guidelines.
All landscape development in the EastLake II SPA shall be in compliance with the Chula Vista
Landscape Manual, adopted by Resolution No. 17735 in November 1994.
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3. Grading & Phasing
3.1 Grading
Conceptual grading plans, estimated grading quantities and grading policies are provided in each of
the neighborhood-specific development plans and shall be applied within each respective
neighborhood.
3.2 Phasing
The proposed phasing within each neighborhood is described in the respective neighborhood-level
planning documents. Actual construction timing may be modified during the Tentative Map process
and modification to the Public Facilities Financing Plans resulting from Tentative Map conditions
of approval.
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4. Public Facilities
The inclusion of public facilities issues is a distinguishing feature of SPA Plans. The plans adopted
for each of the EastLake II SPA neighborhoods included extensive descriptions of the anticipated
public facilities required to enable the community to function properly. These facilities include on-
and off-site roads, sewer, water, storm drains, schools, parks and a range of other public facilities.
The companion Public Facility Finance Plans (PFFPs) describe the "backbone" facilities in more
detail and assigns the responsibility for construction and financing of all required facilities. These
neighborhood-level plans remain in effect and shall continue to control public facility design,
construction and phasing within the EastLake II SPA.
Required Community Purpose Facility (CPF) sites are addressed in the EastLake CPF Master Plan
which includes EastLake Greens, EastLake Trails, EastLake Business Center II, EastLake Vistas and
EastLake Woods neighborhoods. Four sites are distributed throughout the master plan area such that
CPF sites will be available to serve all neighborhoods. The Master Plan is presented in detail in the
EastLake II GDP and EastLake Trails neighborhood-level plans which should be referenced for
specific requirements. Applicable portions of the EastLake CPF Master Plan will be implemented
in the EastLake 11 SPA.
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Council Agenda Statement
ITEM 1'1
Meeting Date May 7,2002
ITEM TITLE: Staff Report - Request to Continue the Staff Report Regarding the Proposed
Change from Processing and Marketing the City's Green Waste as Compost to
Processing the Green Waste as Alternative Daily Cover from May 7, 2002 to
May 14, 2002.
SUBMITTED BY: Michael T. Meacham ~~\)-
REVIEWED BY: David D. Rowlands, Jr., City Manager~~ ){\'
On April 23, 2002 Council directed staff to work with Organic Recycling West (ORW) and Pacific
Waste Services (Pacific) to clarify and address the issues regarding the City's diversion of green waste
and return to Council in two weeks. Staff began a series of meetings with ORW and Pacific on April
24, 2002 to clarify statements made by both parties and to develop alternative proposals that could
potentially meet ORW, the City and Pacific's needs.
Staff has been working diligently with both parties to meet the deadline. Staff and ORW believe that
the additional week will provide ORW with the time it needs to adequately present its case for a
contract extension. Council authorized a 30-day extension to the ORW Agreement through May 31,
2002 at its last meeting and the City's green waste material will continue to be processed and marketed
through ORW until Council has an opportunity to review staffs report clarifying the proposals by
ORW and Pacific.
Staff intends to return to Council on May 14, 2002 with a clarification ofthe positions taken by both
parties, and a refined proposal from ORW and Pacific. Staff will also present a recommendation for
Council along with an explanation for that recommendation.
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