HomeMy WebLinkAboutAgenda Packet 2000/03/21 "1 declare under penalty of perjury that I am
employed by the City of Chule Vista In the
Office of the Ci~::,, Clerk and that I posted
this A§enda/No[ice ~n the Bulletin Board at
the Public_~erv[cee Bu;Idlng aR~ at City J~ll on,
AGENDA DATED=~ SIGNED~/]~"
/
MARCH 21, 2000 6:00.~P.M.
CALL TO ORDER
ROLL CALL: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Horton.
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
· Oath of Office: Mobilehome Rent Review Commission - Robert Bliss
CONSENT CALENDAR
(Items l through 11)
The staff recommendations listed on the Consent Calendar will be enacted by the
Council by one motion, without discussion, unless a Councilmember, a member of
the public, or City staff requests that the 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. WRITTEN COMMUNICATIONS
A. Letter fi.om the City Attorney stating that to the best of his knowledge fi.om
observance of actions taken in Closed Session on March 7, 2000, there were no
actions taken which are required trader the Brown Act to be reported.
Staff recommendation: The letter be received and filed.
B. Letter of resignation from Walter Fisher, member of the Growth Management
Oversight Commission.
Staff recommendation: The resignation be accepted with regret and the City
Clerk be directed to post inunediately according to the Maddy Act in the Office of
the City Clerk and the public library.
2. AN ORDINANCE OF THE CITY OF CHULA VISTA REPLACING CHAPTER 2.02
OF THE CHULA VISTA MUNICIPAL CODE IN ITS ENTIRETY RELATING TO
CONFLICT OF INTEREST CODE (CONTINUED FROM THE MEETING OF
MARCH 7, 2000 - SECOND READING AND ADOPTION)
The proposed Ordinance provides that persons required to file Conflict of Interest
Statements under the City's Conflict of Interest Code may be designated by Resolution
rather than by Ordinance.
Staff recommendation: Council place the Ordinance on second reading for adoption.
(City Clerk)
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE APPLICATIONS FOR TIDELANDS ACTIVITY PERMITS FROM
THE SAN DIEGO UNIFIED PORT DISTRICT FOR THE TASTE OF THE ARTS
FESTIVAL, THE FOURTH OF JULY FIREWORKS DISPLAY, AND THE SUMMER
POPS CONCERT, AND AUTHORIZING THE MAYOR TO EXECUTE SAME
The City is sponsoring three large special events that will be conducted on Chula Vista's
bay front within the next six months. As these events are being partially or completely
operated on property owned by the San Diego Unified Port District, the Port is requiring
the City to apply for Tidelands Activity Permits.
Staff recommendation: Council adopt the resolution. (Deputy City Manager Palmer)
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING SUBMITTAL OF A THREE-YEAR USED OIL BLOCK GRANT
APPLICATION IN THE AMOUNT OF $291,453 TO THE CALIFORNIA
INTEGRATED WASTE MANAGEMENT BOARD, OF WHICH $97,151 WILL BE
ADDED TO FISCAL YEAR 2000/01 BUDGET UPON AWARD
The California Used Oil Enhancement Act requires the collection of four cents for every
quart of lubricating oil sold, transferred and imported into California from oil
manufacturers. Chula Vista consumers pay four cents per quart into the fund when they
purchase oil. The act mandates that California Integrated Waste Management Board use
a portion of the funds to provide block grants to local governments for used oil programs
that encourage recycling. Block grants are distributed to jurisdictions based on
population, approximately $.32 per person for used oil and $.025 per person for used oil
filters for each city. The State's deadline for filing the grant application is April 6, 2000.
Staff recommendation: Council adopt the resolution. (Special Operations Manager)
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE CHULA VISTA DOWNTOWN BUSINESS ASSOCIATION'S
2000 BUDGET AND DEFERRING REQUEST FOR ASSISTANCE FOR
CONSIDERATION WITH FY 2000/01 BUDGET SESSION
In accordance with the Chula Vista Municipal Code, the Chula Vista Downtown
Business Association (DBA) is required to submit an annual budget in March for Council
approval. The DBA's budget is funded by a special assessment applied to each business
located within the District's boundary and any income the District earns from
promotional activities and other contributing sources.
Staff recommendation: Council adopt the resolution. (Director of Community
Development)
Page 2 - Council Agenda 03/21/2000
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE REVISED INCENTIVE AGREEMENT WITH LEVITON
MANUFACTURING COMPANY
On November 16, 1999, Council approved a Business Incentive Agreement with Leviton
Manufacturing Company and a related Economic Incentive Agreement with EastLake
Development Company. The Leviton agreement provides approximately $1 million in
fee reduction incentives, $725,000 of which will be paid by the EastLake Development
Company. The balance of the Leviton incentives will be provided by the City in
processing and TFDIF fees, and a CDBG grant. In exchange for the incentives, Leviton
is building a 90,000 square foot facility and will hire approximately 200 employees over
a five-year period. Leviton has requested some minor modifications to the Business
Incentive Agreement.
Staff recommendation: Council adopt the resolution. (Director of Community
Development)
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE AGREEMENT WITH CDC SMALL BUSINESS FINANCE
CORPORATION TO WORK WITH THE CITY OF CHULA VISTA TO MARKET
FINANCIAL SERVICES TO CHULA VISTA BUSINESSES
The CDC Small Business Finance Corporation (CDC) is a non-profit organization that
partners with local banks to provide federal SBA loans at below-market rates and with
better terms than traditional bank loans. The purpose of this cooperative agreement is to
combine efforts of the CDC and the City in order to provide greater access to financial
services for local Chula Vista businesses. This is in line with the goal of the City's Local
Employer Assistance Program to provide financial and technical resources and services
that address the specific needs of Chula Vista businesses. This agreement emphasizes
collaboration on marketing and promotional materials, encourages timely service delivery
to Chula Vista business customers referred to the CDC by the City, and provides Chula
Vista businesses with a variety of loan package options that can either stabilize
floundering businesses and/or promote growth - at no cost to the City.
Staff recommendation: Council adopt the resolution. (Director of Community
Development)
8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING CHANGE ORDER NO. 3 FOR THE "TELEGRAPH CANYON
CHANNEL IMPROVEMENTS, PHASE I, FROM SIERRA WAY TO K STREET"
(DR-118) PROJECT AND AUTHORIZING THE D1RECTOR OF PUBLIC WORKS
TO EXECUTE SAID CHANGE ORDER
On August 17, 1999, Council approved Resolution No. 19573, awarding a contract for
the "Telegraph Canyon Channel Improvements, Phase I, from Sierra Way to K Street"
(DR-118) project to Mesa Construction Projects, Inc. (Mesa) for $2,485,026.30.
Between November 16, 1999 and November 20, 1999, Otay Water District released
water from its Patzig Reservoir near EastLake. Otay Water District did not inform the
Page 3 - Council Agenda 03/21/2000
City or the contractor of said release. The water reached the project by mid-day,
November 17, 1999 and continued through November 21, 1999, resulting in damage to
Mesa's work upstream of Second Avenue, including the subgrade, forms, reinforcing
steel, and equipment. It was determined at that time that clean-up and damage
assessment would take two to three weeks. City staff and Mesa agreed that it would be
prudent to perform work downstream of Second Avenue out of the east-to-west sequence
in order to avoid further construction delays, and to take advantage of the dry weather
conditions. Proposed Change Order No. 3, in the amount of $14,500, is for the material
costs for new forms and for the overtime differential associated with the
fabrication/installation of the forms and the installation of reinfoming steel downstream
of Second Avenue. Performing the work downstream of Second Avenue out-of-sequence
enabled the contractor to ultimately complete most of the invert before the heavy rains in
early February 2000.
Staff recommendation: Council adopt the resolution. (Director of Public Works)
9. RESOLUTION OF THE CITY COUNCIL OF' THE CITY OF CHULA VISTA
INCREASING THE MAXIMUM COMPENSATION FOR THE AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND LAW CRANDALL, A DIVISION
OF LAW ENGINEERING AND ENVIRONMENTAL SERVICES, 1NC., FOR
MATERIALS TESTING AND GEOTECHNICAL CONSULTING SERVICES FROM
$200,000 TO $400,000 THROUGH DECEMBER 31, 2000
On December 15, 1998, Council adopted Resolution No. 19296 approving a two-year
agreement with LAW Crandall to provide materials testing and geo-technical engineering
consulting services from January 1, 1999 to December 31, 2000. At the time said
agreement was approved, it was anticipated that the cost for LAW Crandall's services for
the two years would be about $200,000. However, unanticipated costs totaling
approximately $85,000 were incurred for inspection and testing services performed in
1999. Invoices for services provided by LAW Crandall now total $191,000. On January
11, 2000, Cotmcil approved the use of $5 million in Federal STP funds to expedite the
City's Overlay Program. Staff estimates that the materials testing costs required for said
overlay will total approximately $200,000 in FY 2000/01, of which it is anticipated that
approximately $120,000 will be expended through December 31, 2000. Therefore, it is
necessary to increase the maximum compensation under the existing agreement with
LAW Crandall from $200,000 to $400,000.
Staff recommendation: Council adopt the resolution. (Director of Public Works)
10A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING FILING OF ENGINEER'S REPORT BY THE CITY ENGINEER ON
THE COST OF CONSTRUCTION AND SETTING MAY 2, 2000 AT 4:00 P.M. AS
THE DATE AND TIME FOR A PUBLIC HEARING ON ASSESSMENT DISTRICT
97-01 FOR IMPROVEMENTS TO OXFORD STREET FROM FOURTH AVENUE TO
FIFTH AVENUE IN THE CITY OF CHULA VISTA
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE DEFERRAL OF ASSESSMENTS AND ESTABLISHNG
CRITERIA TO QUALIFY FOR DEFERRAL FOR ASSESSMENT DISTRICT 97-01
Page 4 - Council Agenda 03/21/2000
On October 28, 1997, pursuant to the Improvement Act of 1911, also known as the 1911
Block Act, the City awarded a Contract in the amount of $328,708 for Oxford Street
improvements fzom Fourth Avenue to Fifth Avenue to MJC Construction. The work is
now completed and improvements have been accepted by the City Manager. A
resolution must be approved to accept filing of the Engineer's report on the cost of
construction and to set the public hearing on the assessments.
Staffrecommendation: Council adopt the resolutions. (Director of Public Works)
11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WAIVING THE FORMAL BIDD1NG PROCESS, APPROVING AN AGREEMENT
BETWEEN THE CITY OF CHULA VISTA, THE EASTLAKE COMPANY
(APPLICANT), AND REGIONAL ENVIRONMENTAL CONSULTANTS (RECON;
CONSULTANT) FOR CONSULTING SERVICES FOR PREPARATION AND
SUBMITTAL OF CEQA-REQUIRED ENVIRONMENTAL DOCUMENTATION FOR
EASTLAKE III REPLANNING PROGRAM AND AUTHORIZING THE MAYOR TO
EXECUTE SAD AGREEMENT
The EastLake Company is currently processing the EastLake III Replanning Program
consisting of a General Plan Amendment, an amendment to the General Development
Plan, a new SPA plan and associated regulatory documents. An Environmental Impact
Report must be prepared for the project. This report requests that Council waive the
bidding process and approve the proposed contract with RECON for $293,452 to provide
consultant services for the preparation of the CEQA-required environmental documents.
Staff recommendation: Council adopt the resolution. (Director of Planning and Building)
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 and/or posted as public hearings as
required by law. If you wish to speak to any item, please fill out a "Request to
Speak"form (available in the lobby) and submit it to the City Clerk prior to the
meeting.
12. CONSIDERATION OF APPROVAL OF AN AMENDMENT TO THE EASTLAKE
BUSINESS CENTER COMMUNITY DESIGN GUIDELINES
Page 5 - Council Agenda 03/21/2000
On November 16, 1999, a public hearing was held to consider amendments to the
EastLake II Planned Community District Regulations to incorporate 108 acres of research
and limited manufacturing as BC-1, Business Center Manufacturing Park District, into
the Land Use District Maps, to amend Section IV.2A, Property Development Standards,
allowing an increase in building height for certain lots, and to establish special building
setbacks and buffer requirements for certain lots abutting residential land use districts. At
the public hearing, staff discussed the need for clarification in the Property Development
Standards. The purpose of this ordinance amendment is to incorporate the language that
was discussed at the November 16, 1999 public hearing in order to clarify the Council's
intent when originally adopting the District Regulations for Business Center II.
Staff recommendation: Council place the Ordinance on first reading: ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO
SECTIOS IV.2(A) OF THE EASTLAKE II PLANNED COMMUNITY DISTraCT (Director of
Commtmity Development)
ITEMS PULLED FROM TIlE CONSENT CALENDAR
OTHER BUSINESS
13. CITY MANAGER'S REPORTS
A. Scheduling of meetings.
14. MAYOR'S REPORTS
A. Ratification of appointment to the Human Relations Commission - Fred Antonio
Tinker.
B. Ratification of appointment to the Civil Service Commission - Bill Veal.
C. Ratification of appointment to the Library Board of Trustees - Sandra Pasqua.
15. COUNCIL COMMENTS
CLOSED SESSION
16. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
A. Property: Approximately seven acres located on Bonita Road
adjacent to the Chula Vista Municipal Golf Course
Negotiating Parties: City of Chula Vista (Chris Salomone/Sid Morals), The
Phair Co., C.W. Clark and American Golf
Under Negotiation: Purchase price/lease rate and other terms and conditions for
possible disposition of City-owned property
Page 6 - Council Agenda 03/21/2000
17. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A)
A. Fritsch v. City of Chula Vista, USDC, 98-CV-0972-E (CGA)
18. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
A. Property: 318 Fourth Avenue.
Negotiating Parties: The City of Chula Vista (Sid Morris), First International
Bank.
Under Negotiation: Price and terms for acquisition.
ADJOURNMENT to the Regular Meeting of March 28, 2000, at 6:00 p.m. in the Council
Chambers.
Page 7 - Council Agenda 03/21/2000
~ ~ f.t,
~II:-
-= - =-
CJ1Y OF
CHUlA VISTA
MEMORANDUM
March 16, 2000
From:
The Honorable Mayor and City Council
tAl
David D. Rowlands, Jr., City ManagefY['
To:
Subject:
Council Meeting of March 21,2000
This will transmit the agenda and related materials for the regular City Council meeting
of Tuesday, March 21, 2000. Comments regarding the Written Communications are as
follows:
1 a. This is a letter from the City Attorney stating that to the best of his knowledge
from observance of actions taken in Closed Session on March 7, 2000, there
were no actions taken which are required under the Brown Act to be reported.
IT IS RECOMMENDED THAT THIS lETTER BE RECEIVED AND FilED.
1b. IT IS RECOMMENDED THAT WALTER FISHER'S RESIGNATION FROM THE
GROWTH MANAGEMENT OVERSIGHT COMMITTEE BE ACCEPTED WITH
REGRET AND THE CITY CLERK BE DIRECTED TO POST IMMEDIATELY
ACCORDING TO THE MADDY ACT IN THE OFFICE OF THE CITY CLERK
AND THE PUBLIC LIBRARY.
DDR:mab
CHULA VISI'A
OFFICE OF THE CITY A'I-DORNEY
Date: March 9, 2000
TO: The Honorable Mayor and City Council
From: John M. Kaheny, City Attorney ~-~
Re: Report Regardin§ Actions Taken in Closed Session
for the Meeting of 3/7/00
The City Council of the City of Chula Vista met in Closed Session
on 3/7/00 to discuss:
· CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A)
A. Sanchez - Serrano v. City of Chula Vista (Superior Court)
B. Loretz v. City of Chula Vista Mobilehome Rent Review
Commission
The City Attorney hereby reports to the best of his knowledge from
observance of actions taken in the Closed Session in which the City
Attorney participated, that there were no reportable actions which
are required under the Brown Act to be reported.
JMK:lgk
276 FOURTH AVENUE · CHULA VISTA · CALIFORNIA 91910 · (619) 691-5037 · FAX (619) 409-5823
Honorable Mayor Shirley Horton
And Council Members
Chula Vista City Council
276 Fourth Avenue
Chula Vista, CA 91910
Mayor Horton,
Please accept this letter as my resignation fi.om the Growth Management Oversight Commission
effective immediately.
I apologize for not completing my term of office which expires in June. I am not normally a
person who does not fulfill his commitments or ducks his responsibility. Circumstances have
changed and I would no longer be able to spend the time necessary to effectively participate in
the work of the GMOC.
Again, I apologize for not completing my term of office.
Sincerely,
Walter L. Fisher
Cc: City Clerk
NOTICE OF ITEM ADDED TO THE AGENDA OF THE
CHULA VISTA CITY COUNCIL
NOTICE IS HEREBY GIVEN that the following item has been added to the agenda ofthe Regular
Meeting of the City Council of the City of Chula Vista to be held Tuesday, March 21, 2000, at
6:00 p.m. in the Council Chambers located in the Public Services Building, 276 Fourth Avenue:
CLOSED SESSION:
CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT
CODE SECTION 54956.8
A.
Property:
318 Fourth Avenue.
Negotiating Parties:
The City of Chula Vista (Sid Morris), First International
Banle
Under Negotiation:
Price and terms for acquisition.
Dated and posted: March 20, 2000
LvC~
Donna Norris, Acting Deputy City Clerk
17. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A)
A. Fritsch v. City ofChula Vista, USDC, 98-CV-0972-E (CGA)
18. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
A.
Property:
318 Fourth Avenue.
Negotiating Parties: The City of Chula Vista (Sid Morris), First International
Banle
Under Negotiation: Price and terms for acquisition.
ADJOURNMENT to the Regular Meeting of March 28, 2000, at 6:00 p.m. in the Council
Chambers.
Page 7 - Council Agenda 03/21/2000
AN ORDINANCE OF THE CITY OF CHULA VIS,T~CING,..~_ .-
CHAPTER 2.02 OF THE CHULA VISTA ~ CODE IN
The City Council of the City of Chula Vigta does ordain that Chapter 2.02 of the
Chula Vista Municipal Code is hereby repealed in its entirety and that a new Chapter 2.02
is added to read as follows:
Section 2.02.010 Purpose and Intent.
The City Council intends to implement Government Code Sections 87300 through
87313 pertaining to conflict of interest codes for local agencies. The City Council also
intends to implement all appropriate penalties for persons required to file under this
ordinance who fail to do so in a timely fashion.
Section 2.02.020 The City Council as Code Reviewing Body for Conflict of Interest
Code.
The City Council shall serve as the Code Reviewing Body under Government
Code Section 87303 for review and adoption of the conflict of interest code for all
persons associated with the City of Chula Vista and required to file a Statement of
Economic Interests pursuant to regulations of the Fair Political Practices Commission.
All Statements of Economic Interest shall be filed with the City Clerk, who shall be
responsible for filing with the Fair Political Practices Commission.
Section 2.02.030 Conflict of Interest Code of the City of Chula Vista.
(a) The Political Reform Act, Government Code Sections 81000 et seq., requires
local government agencies to adopt and promulgate conflict of interest codes. The Fair
Political Practices Commission has adopted a regulation, Title 2 of the California Code of
Regulations, Section 18730, which contains the terms of a standard model conflict of
interest code, which is incorporated by reference, and which may be amended by the Fair
Political Practices Commission to conform to amendments in the Political Reform Act
after public notice and hearings. Therefore, the terms of Title 2 of the California Code of
Regulations, Section 18730, and any amendments to it, except Section 9.5, duly adopted
by the Fair Political Practices Commission, are hereby incorporated by reference and
constitute the conflict of interest code of the City of Chula Vista.
(b) The City Council shall set forth by Resolution the officials and designated
employees who are required to file statements of economic interests and the disclosure
categories under which each such official and designated employee shall file. Said
Resolution and any amendment to it, are incorporated by reference to the conflict of
interest code. Said disclosure categories are
1. Investments in real property.
2. Interests in real property.
3. Investments, interests in real property, and sources of income subject to
the regulatory, permit or licensing authority of the department.
4. Investments in business entities and sources of income which engage in
land development, construction, or the acquisition or sale ofreai property.
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 or
Redevelopment Agency to provide services, supplies, materials,
machinery or equipment.
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.
7. Business positions.
Section 2.02.040 Exception for Solely Advisory Boards and Commissions.
(a) The City Council finds that certain of the City's Boards and Commissions are
solely advisory within the meaning of Government Code Section 87100 and are,
therefore, not required by law to be governed under the City's Conflict of Interest Code.
(b) For those Boards and Commissions not required by law to be governed under the
City's Conflict of Interest Code, the City Council declares that citizens serving as
volunteers on those Boards and Commissions shall not be required to complete and
submit Statements of Economic Interest and shall not be required to disqualify
themselves from deliberations or decision making for economic reasons.
PASSED AND ADOPTED by the City Council of the City of Chula Vista,
California, this day of 2000, by the following vote:
AYES: Councilmembers:
NAYS: Councilmembers:
ABSENT: Councilmembers:
Shirley Horton, Mayor
ATTEST:
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the
foregoing Ordinance No. had its first reading at a regular meeting held on the day
of ,2000 and its second reading and adoption at a regular meeting of said City
Council held on the day of ,2000.
Executed this day of ,2000.
Susan Bigelow, City Clerk
COUNCIL AGENDA STATEMENT
Item:
Meeting Date: 03/21/00
ITEM TITLE: Resolution approving the application for Tidelands Activity
Permits from the San Diego Unified Port District for the Taste of the Arts
Festival, the Fourth of July Fireworks Display, and the Summer Pops Concert
.D
SUBMITTED BY: Deputy City Manager Palmer~
REVIEWED BY: City Manager~,~ ;2~ (4/5ths Vote: Yes_ No..~X )
The City is sponsoring three large special events that will be conducted on ChulaVista's bayfront
within the next six months. Since these events are being partially or completely operated on
property owned by the San Diego Unified Port District (SDUPD), the Port is requiring the City to
apply for Tidelands Activity Permits, which include indemnification and hold harmless language.
STAFF RECOMMENDATION: That Council adopt the resolution and authorize the City Manager to
sign the Port District's Tidelands Activity Permits.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION: The City is planning to host three major special events on the bayfront in the next six
months; the "Taste of the Arts" festival on Saturday, April 8, the Fourth of July Fireworks Display,
and the "Summer Pops" symphony concert on Sunday, August 27, 2000.
Since these events are being conducted on Port District property, the City is required to complete
the District's standard Tidelands Activity Permits, which include indemnification language. It should
be noted that the Port District Activity permit gives either party the right to a 24-hour cancellation
notice, which, if exercised, would terminate the scheduled activity.
Copies of the Tidelands Activity Permit for each event are included as Attachments '%" - "C".
FISCAL IMPACT: There is no direct fiscal impact involved with the approval of this resolution.
Attachments: "A" - Tidelands Activity Permit - Festival of the Arts
"B" - Tidelands Activity Permit - Fourth of July Fireworks Display
"C" - Tidelands Activity Permit - Summer Pops Concert
ATTACHMENT A
SAN DIEGO UNIFIED PORT DISTRICT
TIDELAND ACTIVITY PERMIT
PERMITTEE: City of Chula Vista
USE OR ACTIVITY: Taste of the Arts Festival
LOCATION FOR WHICH PERMIT ISSUED: Marina View Park and adiacent vacant lots
EFFECTIVE DATES: April 7 & 8, 2000
SECURITY DEPOSIT: NIA
THIS PERMIT FOR TIDELAND USE IS ISSUED SUBJECT TO THE FOLLOWING TERMS AND
CONDITIONS:
t. Permittee shall comply with all applicable laws, rules and regulations of the District
and other governmental entities.
2. Permittee shall keep the property and all equipment used in connection with this
permit in a clean, safe and sanitary manner and in good repair at all times. All or any
portion of the security deposit shall be available unconditionally to the District for the
purpose of cleaning or repairing damages to the property upon termination of this
permit.
3. This permit may be canceled by either party by the giving of twenty-four (24) hours
notice in writing to the other party. Such cancellation shall be without liability of any
nature.
4. This permit shall not be transferred or assigned.
5. Permittee shall defend, indemnity, and hold harmless District, its officers and
employees against all caused of action, for judicial relief of any kind, for damage to
property of any kind whatsoever, and to whomever belonging, including Permittee, or
injury to or death of any person or persons, including employees of Permittee,
resulting directly or indirectly from activities in connection with the issuance and
performance of this permit or arising from the use of the property, facilities, or
services of District, its officers or employees.
6. Permittee shall maintain comprehensive public liability (covering operations,
products, and completed operations) and blanket contractual coverage insurance
throughout the term of this permit. The policies shall, as a minimum, provide the
following forms of coverage:
(A) Personal Injury and Bodily Injury:
One Person $
One Occurrence $
(B) Property Damage $
One Million ($1,000,000) Combined Single Limit
Certificates of such insurance, in a form satisfactory to the District, shall be filed with
the District's Community Relations Department. Insurance certificates filed pursuant
to this permit shall contain a nor~cancellation-without-notice clause and shall provide
that copies of cancellation notices shall be sent to the District.
7. The rights and privileges extended by this permit are non-exclusive.
8. Permittee shall not engage in any activity on property othe District other than the
activity for which this permit is expressly issued.
9. Permittee shall be subject to and comply with any special conditions attached
hereto.
10. Permittae shall comply with all requirements and directives of the Port Director of
District.
11. In the event of failure of Permittee to comply with any provision of this permit, this
permit may, at the discretion of the Port Director, be terminated immediately, except
for those claims arising from the sole negligence or sole willfulness conduct of the
district, its officers, or employees.
SAN DIEGO UNIFIED PORT DISTRICT
Approved:
Permittee hereby accepts this permit and agrees to comply with all the terms and conditions
thereof.
Permittee's signature
Address: City of Chula Vista - Library & Recreation Department
365 F Strset~ Chula Vista~ CA 91910
Telephone: (619) 585-5627
CHECKLIST FOR THE USE OF TIDELAND PROPERTY Date request received
in CR Dept:
Please complete each item below.
1. Sponsoring individual or group:
City of Chula Vista and the San Diego Unified Port District
2. Address and telephone number of contact person:
Ric Todd, Cultural Arts Coordinator
City of Chula Vista - Library & Recreation Department
365 F Street
Chula Vista, CA 91910
(619) 585-5627
3. What type of event is planned?
Community-based Arts Festival featuring live entertainment, vendors, information booths,
public displays, interactive activities for children
4. Where exactly on the bayfront?
Marina View Park - event site
Adjacent vacant lots - parking
5. Day and date of event:
Friday & Saturday, April 7& 8, 2000 (set-up only on 4/7)
6. Time: Start 6:00 AM Finish 9:00 PM
7. Will traffic be affected?
Heavier volume only - no street closures requested
8. How may persons expected to attend?
5,000
9. If large group, what security arrangements have been made?
Chula Vista Police Department will provide crowd, traffic, and parking control
10. If commercial or catered event, do you have liability insurance coverage?
NIA
Please return this checklist (within 10 working days) or your request for an event on Port tidelands will be
canceled.
4/93
ATTACHMENT B
SAN DIEGO UNIFIED PORT DISTRICT
TIDELAND ACTIVITY PERMIT
PERMITTEE: City of Chula Vista
USE OR ACTIVITY: Fourth of July Fireworks Display
LOCATION FOR WHICH PERMIT ISSUED: Marina View Park, Bay Side Park, "J" St. Marina, and
adjacent vacant lots
EFFECTIVE DATES: July 4, 2000
SECURITY DEPOSIT: N/A
THIS PERMIT FOR TIDELAND USE IS ISSUED SUBJECT TO THE FOLLOWING TERMS AND
CONDITIONS:
t. Permittee shall comply with all applicable laws, rules and regulations of the District
and other governmental entities.
2. Permittee shall keep the property and all equipment used in connection with this
permit in a clean, safe and sanitary manner and in good repair at all times. All or any
portion of the security deposit shall be available unconditionally to the District for the
purpose of cleaning or repairing damages to the property upon termination of this
permit.
3. This permit may be canceled by either party by the giving of twenty-four (24) hours
notice in writing to the other party. Such cancellation shall be without liability of any
nature.
4. This permit shall not be transferred or assigned.
5. Permittee shall defend, indemnify, andhold harmless District, its officers and
employees against all caused of action, for judicial relief of any kind, for damage to
property of any kind whatsoever, and to whomever belonging, including Permittee, or
injury to or death of any person or persons, including employees of Permittee,
resulting directly or indirectly from activities in connection with the issuance and
performance of this permit or arising from the use of the property, facilities, or
services of District, its officers or employees.
6. Permittee shall maintain comprehensive public liability (covering operations,
products, and completed operations) and blanket contractual coverage insurance
throughout the term of this permit. The policies shall, as a minimum, provide the
following forms of coverage:
(A) Personal Injury and Bodily Injury:
One Person $
One Occurrence $
(B) Property Damage $
One Million ($1,000,~00) Combined Single Limit
Certificates of such insurance, in a form satisfactory to the District, shall be filed with
the District's Community Relations Department. Insurance certificates filed pumuant
to this permit shall contain a no,cancellation-without-notice clause and shall provide
that copies of cancellation notices shall be sent to the District.
7. The rights and privileges extended by this permit are non-exclusive.
8. Permittee shall not engage in any activity on property othe District other than the
activity for which this permit is expressly issued.
9. Permittee shall be subject to and comply with any special conditions attached
hereto.
10. Permittee shall comply with all requirements and directives of the Port Director of
District.
11. In the event of failure of Permittee to comply with any provision of this permit, this
permit may, at the discretion of the Port Director, be terminated immediately, except
for those claims arising from the sole negligence or sole willfulness conduct of the
district, its officers, or employees.
SAN DIEGO UNIFIED PORT DISTRICT
Approved:
Permittee hereby accepts this permit and agrees to comply with all the terms and conditions
thereof.
Permittae's signature
Address: City of Chula Vista - Library & Recreation Department
365 F Strset~ Chula Vista~ CA 91910
Telephone: (619) 585-5619
CHECKLIST FOR THE USE OF TIDELAND PROPERTY Date request received
in CR Dept:
Please complete each item below.
1. Sponsoring individual or group:
City of Chula Vista
2. Address and telephone number of contact person:
Brian Cox, Principal Recreation Manager
City of Chula Vista - Library & Recreation Department
276 Fourth Avenue
Chula Vista, CA 91910
(619) 585-5619
3. What type of event is planned?
Fireworks display; fireworks launched from barge in bay
4. VVhere exactly on the bayfront?
Marina View Park, Bayside Park, "J" Street Marina, vacant lots (for parking)
5. Day and date of event:
Tuesday, July 4, 2000
6. Time: Start 6:00AM Finish 11:00 PM
7. Will traffic be affected?
Heavier volume, some street closures and/or traffic flow restrictions; Chula Vista Police
Department will coordinate and control traffic throughout the area during the event
8. How may persons expected to attend?
15,000 -20,000
9. If large group, what security arrangements have been made?
Chula Vista Police Department will provide crowd, traffic, and parking control
10. If commercial or catered event, do you have liability insurance coverage?
N/A
Please return this checklist (within 10 working days) or your request for an event on Port tidelands will be
canceled.
4/93
ATTACHMENT C
SAN DIEGO UNIFIED PORT DISTRICT
TIDELAND ACTIVITY PERMIT
PERMITTEE: City of Chula Vista
USE OR ACTIVITY: Outdoor Symphony Concert
LOCATION FOR WHICH PERMIT ISSUED: Marina View Park and adjacent vacant lots
EFFECTIVE DATES: August 27, 2000
SECURITY DEPOSIT: N/A
THIS PERMIT FOR TIDELAND USE IS ISSUED SUBJECT TO THE FOLLOWING TERMS AND
CONDITIONS:
1. Permittae shall comply with all applicable laws, rules and regulations of the District
and other governmental entities.
2. Permittee shall keep the property and all equipment used in connection with this
permit in a clean, safe and sanitary mannerand in good repair at all times. All or any
portion of the security deposit shall be available unconditionally to the District for the
purpose of cleaning or repairing damages to the property upon termination of this
permit.
3. This permit may be canceled by either party by the giving of twenty-four (24) hours
notice in writing to the other party. Such cancellation shall be without liability of any
nature.
4. This permit shall not be transferred or assigned.
5. Permittee shall defend, indemnify, and hold harmless District, its officers and
employees against all caused of action, for judicial relief of any kind, for damage to
property of any kind whatsoever, and to whomever belonging, including Permittae, or
injury to or death of any person or persons, including employees of Permittae,
resulting directly or indirectly from activities in connection with the issuance and
performance of this permit or arising from the use of the property, facilities, or
services of District, its officers or employees.
6. Permittee shall maintain comprehensive public liability (covering operations,
products, and completed operations) and blanket contractual coverage insurance
throughout the term of this permit. The policies shall, as a minimum, provide the
following forms of coverage:
(A) Personal Injury and Bodily Injury:
One Person $
One Occurrence $
(B) Property Damage $
One Million ($1,000, 000) Combined Single Limit
Certificates of such insurance, in a form satisfactory to the District, shall be filed with
the District's Community Relations Depertment~ Insurance certificates filed pursuant
to this permit shall contain a nor~cancellation-without-notice clause and shall provide
that copies of cancellation notices shall be sent to the District.
7. The rights and privileges extended by this permit are non-exclusive.
8. Permittee shall not engage in any activity on property othe District other than the
activity for which this permit is expressly issued.
9. Permittee shall be subject to and comply with any special conditions attached
hereto.
10. Permittee shall comply with all requirements and directives of the Port Director of
District.
t t. In the event of failure of Permittee to comply with any provision of this permit, this
permit may, at the discretion of the Port Director, be terminated immediately, except
for those claims arising from the sole negligence or sole willfulness conduct of the
district, its officers, or employees.
SAN DIEGO UNIFIED PORT DISTRICT
Approved:
Permittee hereby accepts this permit and agrees to comply with all the terms and conditions
thereof.
Permittee's signature
Address: City of Chula Vista - Library & Recreation Department
365 F Street~ Chula Vista~ CA 91910
Telephone: (619) 585-5627
CHECKLIST FOR THE USE OF TIDELAND PROPERTY Date request received
in CR Dept:
Please complete each item below.
1. Sponsoring individual or group:
City of Chula Vista and the San Diego Unified Port District
2. Address and telephone number of contact person:
Ric Todd, Cultural Arts Coordinator
City of Chula Vista - Library & Recreation Department
365 F Street
Chula Vista, CA 91910
(619) 585-5627
3. What type of event is planned?
Outdoor symphony concert
4. Where exactly on the bayfront?
Marina View Park - event site
Adjacent vacant lots - parking
5. Day and date of event:
Sunday, August 27, 2000
6. Time: Start 6:00 AM Finish 10:00PM
7. Will traffic be affected?
Heavier volume only - no street closures requested
8. How may persons expected to attend?
5,000 - 6,000
9. If large group, what security arrangements have been made?
Chula Vista Police Department will provide crowd, traffic, and parking control
10. If commercial or catered event, do you have liability insurance coverage?
N/A
Please return this checklist (within 10 working days) or your request for an event on Port tidelands will be
canceled.
4/93
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE APPLICATIONS FOR
TIDELANDS ACTIVITY PERMITS FROM THE SAN DIEGO
UNIFIED PORT DISTRICT FOR THE TASTE OF THE
ARTS FESTIVAL, THE FOURTH OF JULY FIREWORKS
DISPLAY, AND THE SUMMER POPS CONCERT, AND
AUTHORIZING THE MAYOR TO EXECUTE SAME
WHEREAS, the City is sponsoring three large special
events that will be conducted on Chula Vista's bayfront within the
next six months (the Taste of the Arts Festival, the Fourth of July
Fireworks Display and the Summer Pops Concert); and
WHEREAS, since these events are being partially or
completely operated on property owned by the San Diego Unified Port
District, the Port is requiring the City to apply for Tidelands
Activity Permits, which include indemnification and hold harmless
language.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve the applications for
Tidelands Activity Permits from the San Diego Unified Port District
for the "Taste of the Arts" Festival on Saturday, April 8, the
Fourth of July Fireworks Display and the "Summer Pops" symphony
concert on Sunday, August 27, 2000, copies of which are on file in
the office of the City Clerk.
Presented by Approved as to form by
David Palmer, Deputy City John M. Kahe~,-City Att~ney
Manager
H: \home\lorraine\tideland.per
COUNCIL AGENDA STATEMENT
Item
Meeting Date 3/21//2000
ITEM TITLE: Resolution Approving Submittal of a Three Year Used Oil
Block Grant Application in the Amount of $291,453 to the California
Integrated Waste Management Board of Which $97,151 will be added to
fiscal year 2000/2001 Budget Upon Award.
SUBMITTED BY: Special Operations Manager
REVIEWED BY: City Managerb~,~ (4/5ths Vote: Yes_ No X )
BACKGROUND: The California Used Oil Enhancement Act requires the collection of four
cents for every quart of lubricating oil sold, transferred and imported into California from oil
manufacturers. Chula Vista consumers pay four cents per quart into the fund when they
purchase oil. The Act mandates the California Integrated Waste Management Board (CIWMB)
use a portion of the funds to provide block grants to local governments for used oil programs
that encourage recycling. Block grants are distributed to applicants based on population,
approximately $0.32 per person for used oil and $.025 per person for used oil filters. If the
City does not apply for a grant in this cycle, the funds that are allocated for the City will either
be distributed among the applicants in this year's competitive grant cycle or transferred to the
state's general fund.
The City has received four regional grants funded by the Used Oil Enhancement Act for fiscal
years 1994/95, 1995/96 and 1996/97 and 97/2000 (totaling approximately $1,100,000.00).
The grants are funding used oil public education and recycling programs designed to reduce or
eliminate the contamination of the local watershed caused by improper disposal of used oil.
This block grant would provide approximately $97,151, of additional funds for each of the
next three fiscal years to allow the City to continue the primary components of the existing
programs through the 2002/2003 fiscal years. The State's deadline for filing the grant
application is April 6, 2000.
RECOMMENDATION: Adopt the resolution as requested by the State.
BOARD/COMMISSIONS RECOMMENDATION: The Resource Conservation
Commission (RCC) reviewed and approved the program design as part of the original grant
application. This application funds the same program services for three additional years.
DISCUSSION:
This application for a used oil block grant requests approximately $291,453 to continue the
program funded by the previous used oil grants. The proposed program is briefly outlined in
the State's new abbreviated application (Attachment A). This application is a "regional
application" that includes Chula Vista, Coronado, Imperial Beach and National City.
Page 2, Item
Meeting Date 3/21/2000
Imperial Beach, National City and Coronado will provide letters from their respective cities
documenting their interest in participating in the South Bay Used Oil program.
This block grant application provides funds to continue technical assistance and provide new
supplies for the thirty (35) state certified used oil and oil filter recycling centers established
under the previous grants. The program also provides funding to continue the curbside
collection programs in Chula Vista and Imperial Beach. These funds may also be used to assist
other South Bay participants that may wish to start curbside use oil programs during the grant
cycle. This grant application will also fund the state required public education program. That
public education program will allow the City to continue local newspaper advertising, portable
displays, point of purchase displays, poster distribution, public service announcements, the
used oil and household hazardous waste hotline and billing insert activities.
The point of purchase displays provide tear-off sheets with the name, hours and location of
used oil recycling centers and are placed at retail outlets that sell motor oil but do not accept
used oil for recycling. The used oil interns currently replenish point of purchase displays at
approximately 200 stores in the South Bay each quarter. There is at least one mobile display
promoting the South Bay used oil and household toxic waste programs in each of the
participating cities. The interns move the displays to a different high traffic business each
month to increase public exposure to the program. The program places about six
advertisements promoting the program in local papers each year. The interns also distribute
posters and premiums such as recycled content
The total grant request is $291,453 ($97,151 per year). No local matching funds are required
by the State and none are recommended. A portion of the grant funds are used to fund up to
three (3) used oil-recycling interns, and a portion of a clerical support position. Additionally,
a portion of the funds, depending on availability and level of grant funding, are used to fund
other Conservation Program staff costs as appropriate.
FISCAL IMPACT: There is no additional fiscal impact as a result of the recommended action
to adopt the attached resolution. Should the grant be awarded, the appropriation will be made
separately for each fiscal year as part of the budget process. The grant does provide funds to
cover any costs required by the program's implementation.
mtm:used oil
a:blkgnt96.cas
Attachment
Attachment A
2000/2003 USED OIL BLOCK GRANT
RECYCLE SIXTH CYCLE APPLICATION
USED OZL Application Due Date: April 6, 2000
Instructions for completing this form can be found on pages 8 and 9.
Applicant: If applicable, on a separate sheet of paper list the padicipating jurisdictions, a contact name, address,
and contact's phone number and e-mail address.
City of Chula Vista as lead jurisdiction for the cities of Coronado, Impedal Beach and National City
Address: 276 Fourth Ave. Chula Vista CALIFORNIA 91910
Street City State Zip Code
Program Director: Michael T. Ueacham Special Operations Manager
Printed Name of Program Director Title
Address (if different than above) City State Zip Code
(619) 691-5122 (619) 585-5612 mmeacham~,ci.chula-vista.ca.us
Phone Number Fax E-mail Address
Primary Contact:
Mike Hice Solid Waste Specialist
Printed Name of Primary Contact Title
Address (if different than above) City State Zip Code
(619) 476-5384 (619) 585-5612 mhice~,,ci.chula-vista.ca.us
Phone Number Fax E-mail Address
Consultant: (if applicable) Phone:
Address:
Street City State Zip Code
Contact's Name: E-mail Address:
Assembly District(s): 77th, 78% 79th
Senate District(s): 39th, 40t'
6
Eligibility includes: a public education element; AND either 1) Provides used oil curbside collection for all residents of the city
including multi-family residences; or 2) Ensures that at least one certified used oil collection center is available for every
100,000 residents not served by curbside used oil collection. To establish a baseline for your program, please provide us
with the following data for all participating jurisdictions:
1. Total number of certified used oil collection centers 35 certified centers
2. Total number of non-certified used oil collection centers 2 non-certified centers
3. How many of these are airport collection centers? [] Certified__0 [] Non-Certified 0
4. How many of these are marina collection centers? [] Certified 4 planned [] Non-Certified
4
5. Curbside used oil collection? I~ Yes [] No What % of your population? 100% single family in 2
cities
6. Door-to- door used oil collection?[] Yes [] No What % of your population? Only as incidental part of
HHW collection
If claiming conditional eligibility please check Yes and explain the steps to be taken to obtain eligibility during the grant term.
Conditional Eligibility [] Yes [] No
Descdbe collection opportunities that are available within the area of jurisdiction that can provide service until community
collection centers are established.
Certification:
I declare, under penalty of perjury, that all information submitted to ClWMB's consideration for allocation of grant
funds is true and accurate to the best of my knowledge and belief.
David D. Rowlands Jr., City Manager Date
Attachments: Approved Resolution and/or Authorization Letters
7
DRAFT Attachment A
SPENDING PROJECTION FORM
USED OIL RECYCLING BLOCK GRANT
SIXTH CYCLE, YEAR ONE
Identify the activities you plan on implementing with your Sixth Cycle Used Oil Block Grant funds. Include estimated dollar
amounts. The grand total must match the amounts listed for your jurisdiction(s) listed in Attachment F. Be sure to include
the filter funds in your plan.
[] Non-Certified Center $ [] Certified Centers $
[] HHW Permanent Facility $ [] Filter Collection $
[] Hauling/Recycling $ [] Airport Project $
[] Small Quantity Generators $ [] Marina Project $
[] Agricultural Collection $. [] Other $
[] Hauling/Recycling $ [] Curbside $
[] Door-to-door Collection $ [] Filter Collection $
[] Temporary Events $ [] Agricultural Collection $
[] Small Quantity Generator $ [] Other $
[] Filter Collection $ [] Other $
[] Hauling/Recycling $
[] Public Education $ [] Video $
[] School Education $ [] Television $
[] Containers $ [] Newspaper $
[] Radio $ [] Direct Mail $
[] Special Events $ [] Utility Insert $
[] Transit Ads $ [] Newsletter $
[] Brochure $ [] Other $
[] Load Checking $ [] Other $
[] Personnel $ [] Other $
Grantee.'s Name: City of Chula Vista (re.qional) Grand Total $ 97,151 (annual)
Authorized Signature: Date:
David D. Rowlands Jr., City Manager
15
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING SUBMITTAL OF A THREE
YEAR USED OIL BLOCK GRANT APPLICATION IN THE
AMOUI~T OF $291,453 TO THE CALIFORNIA
INTEGRATED WASTE MANAGEMENT BOARD, OF WHICH
$97,151 WILL BE ADDED TO FISCAL YEAR 2000/2001
BUDGET, UPON AWARD
WHEREAS, the people of the State of California have
enacted the California Oil Recycling Enhancement Act that provides
funds to cities and c~unties for establishing and maintaining local
used oil collection programs that encourage recycling or
appropriate disposal of used oil; and
WHEREAS, the California Integrated Waste Management Board
has been delegated the responsibility for the administration of the
program within the state, setting up necessary procedures governing
application by cities and counties under the program; and
WHEREAS, the applicant will enter into an agreement with
the State of California for implementation of a used oil collection
program.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista:
1. Authorizes the submittal of a Three Year Used Oil
Block Grant application in the amount of $291,453 on behalf of the
Cities of Chula Vista, Coronado, Imperial Beach and National City
to the California Integrated Waste Management Board, of which
$97,151 will be added to fiscal year 2000/2001 budget.
2. Authorizes the City Manager to apply for all
available grants under the California Oil Recycling Enhancement Act
and all available HHW grants under the California Integrated Waste
Management Act through the 2002/2003 fiscal years.
3. The City Manager, or his designee, is hereby
authorized and empowered to execute in the name of the above named
cities all necessary applications, contracts, payment requests,
agreements and amendments hereto for the purposes of securing grant
funds and to implement and carry out the purposes specified in the
grant applications.
Presented by Approved as to form by
MichaeloperationsMeacham,ManagerSpecial Jo~M i~Kahen ,~C~t t orney
CITY COUN(21L AGENDA STATEMENT
ITEM NO.
MEETING DATE 03/21/QO
ITEM TITLE: RESOLUTION APPROVING THE CHULA VISTA DOWNTOWN BUSINESS
ASSOCIATION'S 2000 BUDGET AND DEFERRING THE DBA'S REQUEST
FOR STAFF SERVICES, TOWN MANAGER AND PROMOTION ASSISTANCE
FOR CONSIDERATION WITH THE FY 2000-2001 BUDGET SESSION
SU'"MI'rrED aY: COMMUNITY DEVELOPMENT DIRECTOR Ll~.-~c-lr-/~,
REVIEWED BY: CITY MANAGER (~,~}1~ (4/5'"' VOTE: YES__ NO X )
In accordance with the Chula Vista Municipal Code, the Chula Vista Downtown Business Association ("DBA") is
required to submit an annual budget in Mamh for City Council's approval. The DBA's budget is funded by a special
assessment applied to each business located within the District's boundary and any income the Distdct earns from
promotional activities and other contributing soumes.
This year's budget will continue to support enhanced marketing and special events, including the Cinco de Mayo and
Lemon Festivals, the Starlight Yule Parade, the Thursday afternoon Farmer's Market, the Wednesday Classic Cars
events, and the Taste of Summer Nights.
City staff are also assessing the feasibility of transitioning the DBA from a business-based improvement district to a
property-based improvement distdct ("PBID") in the coming year. This process will include hidng a consultant to
assess PBID feasibility. Staff will be exploring various options with the goal of creating a distdct that could assume a
more active marketing, management and maintenance program for the Downtown distdct that could potentially result
in the DBA not requiring Agency financial assistance in the future.
Adopt a resolution:
1) Approving the Chula Vista Downtown Business Association's 2000 budget; and
2) Deferring the DBA's request for staff services, Town Manager and advertising and promotional
assistance for consideration in the FY 2000-2001 budget session
Not applicable.
The Downtown Business Association was established in 1971 to promote business activities in Downtown Chula
Vista and to aid in efforts to revitalize the area. The City Council resolution establishing the Downtown Business
Improvement District requires that the Association submit their budget to the City Council in MaTh of each year for
approval. A copy of the 2000 budget and transmittal letter are attached as Exhibit A.
PAGE ~. ITEM ~
MEETING DATE O3/~' 1/OO
The Chula Vista Downtown Business Association (DBA), a non-profit organization, was formed to administer the
District's business. Generally, the DBA receives about $20,000 per year in revenue from the Distdcrs special
assessment which is used to conduct its activities. Income from promotional activities has been limited but is
increasing each year. In the past, the Redevelopment Agency and the City have contributed financial assistance to
the DBA for advertising and promotional activities, as well as to maintain a full-time Town Manager position.
The DBA's budget is based on the calendar year as are other non-profit organizations. The DBA Board approves
their budget in January and submits it to the City Council for approval in Mamh in accordance with the Municipal
Code. Calendar year versus fiscal year makes it difficult to coordinate funding requests from the City and
Redevelopment Agency. Because of IRS rules, the DBA cannot easily switch to the City's fiscal year. As a result,
the DBA accommodates the City's fiscal year by submitting their funding requests for activities planned between July
1 and June 30 of the forthcoming year and will reflect those requests in their annual budget.
2000 Budqet Request for Fundin,q Assistance
The DBA is requesting funding assistance for their 2000-2001 promotional events and advertising program which
includes:
1. The Lemon Festival on August 6, 2000
2. "Taste" of Summer Nights on August 29, 2000
3. Starlight Yule Parade and Holiday Lights in December 2000
4. The Cinco de Mayo Celebration in May 2001
5. Weekly Farmer Markets on Thursdays throughout the season
6. Classic Cars on Wednesdays from April to October
The DBA has requested $15,000 for assistance in advertising and promoting the business district and $15,000 to aid
in the operation and promotion of the activities. In addition, the DBA has requested the assistance of City staff
(Public Works, Police and Parks) to support the 2000 Lemon Festival, the 2000 Yule Parade, and the 2001 Cinco de
Mayo celebration. Traditionally, the City and Redevelopment Agency have assisted with the promotion of the
Downtown area.
In August of 1991, the Redevelopment Agency entered into a contract with the DBA to hire a Town Manager for the
Downtown area. The Agency funded the position for three years at $50,000 per year beginning December 1991.
Funds were exhausted in FY 1994/95. The DBA then funded the position on a part-time basis until 1998 when the
Agency agreed to subsidize the position and make it full-time.
The past two year's experience with a full-time Town Manager have been very successful. The manager was able to
reinforce the Association's committee concept and to recruit more volunteers to participate in the Association's
business. There has been a focus on new promotional activities, including lunch time concerts in the park, the Taste
of Summer Nights, the very successful Blast from the Past car shows, and the new Cinco de Mayo Celebration. This
latter event has now become the most popular street festival in Downtown, with attendance of over 30,000 in its first
year. Increased exposure and word of mouth have resulted from these events - and as a result, new restaurants
and retailers have begun to locate Downtown. The goals for the DBA in the coming year reflect a continuation of
these successful promotions (see Exhibit B).
The DBA also requests that the City continue with the current level of assistance with the Town Manager position by
providing a $20,000 subsidy to enable the position to continue to function full-time dudng 2000-2001.
PAGE 3, ITEM ~
MEETING DATE ~
Staff recommends that the DBA's request for staff services, as well as the Town Manager position and promotions
assistance be submitted for consideration dudng the 2000-2001 budget session.
The DBA's funding request reflects approximately 33% of the DBA's proposed $152,800 budget for 2000. Revenues
from the DBA's fees and programs will fund 67% of the proposed budget. A 1997 survey conducted by Califomia
Main Street (a program of the California Trade and Commerce Agency) showed that of the 31 Main Street Cities
surveyed, an average of 37% of budget revenues were derived from City contributions. Business District fees
accounted for about 25% of revenues and District Programs contributed 24%. Donations, membership fees and
grants made up the balance.
Property-Based Business Improvement District
Staff, in cooperation with the DBA, is also assessing the feasibility of adopting a property-based business
improvement district ("PBID") in the coming year. PBIDs have been successfully adopted in many California
business districts during the past several years. The City of San Diego has adopted over a dozen PBIDs, including
successful districts in Little Italy, Downtown San Diego, Hillcrest-Uptown and Adams Avenue. Property-based
districts provide a more reliable revenue stream for business district management - which may then be utilized for
better maintenance and promotional activities for the districts. In turn, the increased revenue permits more
prefessional management of the business districts, allowing them to compete on a more equal footing with the
shopping malls and "big box" retailers.
Staff is assessing putting together a consultant solicitation and including a request for funding in the 2000-2001
budget process. Because the PBID requires a successful Preposition 218 election, an effective and experienced
PBID consultant is a prerequisite to adoption. In addition, the existing business-based BID and the Lighting and
Landscape Maintenance District could be incorporated into the new PBID structure to provide a single entity
responsible for Downtown maintenance, management and promotion. This will require cooperative planning
between the various City Departments, working in concert with the DBA and the Town Centre Project Area
Committee. Redevelopment Agency staff would act in a proactive role to coordinate the various parties involved.
Staff will continue to update the Council as the process proceeds.
The DBA has requested $30,000 for advertising and promotions, as well as $20,000 to subsidize the Town Manager
position. Last year, the Redevelopment Agency fully funded the financial assistance requested by the DBA which
included $20,000 to subsidize the full-time Town Manager position, and $20,000 for advertising and promotions. The
mentoring services program has now been discontinued. This year's request reflects a $5,000 increase over last
year's level of subsidy.
Staff recommends that the DBA's current request be considered for funding during the regular 2000-2001 budget
process. Available balances in the Town Centre I Project Area Fund will be more clear as the budget process is
undertaken.
A table of City/Agency funding assistance to the DBA for the past several years has been included for your
information. The DBA's Work Plan and Budget are also included for comparison purposes.
PAGE 4, ITEM
MEETING DATE ~
CURRENT REQUEST AND PAST FUNDING ASSISTANCE
DBA REQUEST
2000J01 1999100 1998t99 1997/98
Promotional Activities FY 2000/01 $10,000 810,000 810,000
· Taste of Summer Nights
· Lemon Festival, Starlight Yule Parade
· CincodeMayo
Advertising 810,000 810,000 810,000
· Thursday Farmer's Market
· Starlight Yule Parade
· Lemon Festival, Cinco de Mayo
· General Advertising
TOTAL PROMOTIONS AND ADVERTISING ASSISTANCE $20,D00 $20,000 $20,000
Town Manager Subsidy 820,000 820,000 80
Mentor Resources 80 85,000 80
TOTAL TOWN MANAGER AND MENTOR ASSISTANCE $20,000 $2§,000 $0
Police services for crowd and traffic control for Cinco
de Mayo, Lemon Festival, and Starlight Yule Parade 89,300 86,200 $6,200
Public Works barricades, traffic control equipment,
deliver and removal for Cinco de Mayo, Lemon Festival
and Starlight Yule Parade {81,400 per event) 4,200 2,800 2,800
Parks and Recreation personnel trash clean up; portable
staDe; PA system; folding chairs and tables; delivery,
set.up, removal for Cinco de Mayo, Lemon Festival and
Starlight Yule Parade I$§10 per event) 1,530 1,020 1,020
TOTAL CITY STAFF SERVICES $15,030 $10,020 $10,020
Promotions and Advertising
Town Manager
City Staff Services
GRAND TOTAL
H:\HOME\COMMDEV~STAFF.REP\03-21-O0\DBA2000BUDGET.doc
EXHIBIT A
2000 Work Plan;
Downtown
Associations
Vision: Establish Downtown as the Business, Entertainment and Social
Center-point of the Community.
360 Third Avenue
Chula Vista, CA 91910 Mission: The purpose of the DoWntown Association is to improve down-
(619) 422-1982 town Chula Vista, to promote economic prosperity, serve as an advocate
FAX for its members and establish downtown as the business, entertainment
(619) 422-1452 and social-point of the community.
Goals:
1. Promote retail activity in downtown by creating and maint~.ing a
1999 of'ricers & Directors quality downtown environment for shoppers, retailers, investors and
tourists.
President 2. Maintain a viable, healthy organiT~ation that attracts both people and
Eddie Chapman business.
Vice President 3. Encourage the development of new business of a suitable mix while
Donna Vignapiano working to retain and revitalize existing business.
4. Put downtown in the best shape physically and keeping it there.
Secretary
David Rossi 1 Year goals;
1. Work with organizations that can provide volunteers[ Rotary, Kiwanis,
Treasurer and other service organizations.
Jim Fergus 2. Communicate better with business and visitors,
3. Write a plan for taking over the existing Landscape and Lighting Dis-
Past President
trict.
David Rossi
4, to be sure that all promotions are successful.
Janet Carranza 5. Get directional signs to downtown.
Keith Hooper
Dee Lerma 3 Year Goals;
Linda Rosas 1. Rewrite existing BID or form a n~w Pbid.
Stella Sutton 2. Work on E Street Entry development.
Betty Thompson 3. Try to include as many retail business as possible in downtown and not
so many Professionals.
5. Put lights on top of buildings.
6. Prepare a plan for E Street and F Street corridors for future develop-
ment.
7. Have at least 50% of business staying open until 9:00 pm.
5 Year Goals;
1. Have less than 2% vacancies.
2. Make Downtown a viable location for businesses with strong economic
credentlals.
S. Have a new Association Office location.
360 Third Avenue
Chula Vista, CA 91910
(619) 422-1982
FAX
(619) 422-1452
1999 Officers & Directors
President
Eddie Chapman
Vice President
Donna Vignapiano
Secretary
David Rossi
Treasurer
Jim Fergus
Paat President
David Rossi
Janet Carrmaza
Keith Hooper
Dee Lerma
Linda Rosas
Stella SutWn
Betty Thompson
2000 Budget Downtown Business Association
OTHER
· ~ DBA ~ Total
Assesmer~s 20000.00 20000.00
Cla.SS~ Car 9000.00 4000.00 13000.00
Farmers Market 11000.00 11000.00
Holiday Lights 1000.00 1000.00 2000.00
Lemon Festival 30000.00 30000.00
Lunch Concert 4000.00 4000.00
Town Manager 20000.00 20000.00
Promotion 4500.00 4500.00
Advertising 0 10000.00 10000.00
Cinco fest 28500.00 28500.00
Yule Parade 2000.00 5000,00 7000.00
Associate Dues t300.00 1300.00
Quarterly Training 0 1500.00 1500.00
TOTAL REVENUE 102800,00 50000,00 152800.00
Insurance 5000.00 5000.00
Utilities 2000, 00 2000.00
Accounting 500.00 500.00
Advertising 5000,00 5000,00
Bank Charge 300.00 300.00
Banner s 4000.00 4000,00
Board Planning 700.00 700.00
Cinco lest 26000.00 26000.00
Classic Cars 13000,00 13000.00
Design 500.00 500.00
Directory 1200.00 1200.00
Economic Committee 500.00 500.00
Election 500.00 500,00
Farmers Market 5900.00 5900.00
Holiday Lights 1200.00 1200.00
Lemon Festival 20000.00 20000.00
Lunch Concert 4000.00 4000.00
Newsletter 3000.00 3000.00
Office Expense 3000.00 3000.00
Organzational 600.00 600.00
Staff (parttime) 2000.00 2000.00
Repairs 2000.00 2000.00
Storage 1200.00 1200.00
Subscril:f~3ns 500.00 500.00
T/M Conferences 1200.00 1200,00
T/M Payroll 40000.00 40000.00
Workmans Comp 500.00 500.00
Starlight Yule Parade 7000.00 7000,00
Training Meetings 1500.00 1500.00
TOTAL EXPENSES 152800.00 152800.00
EXHIBIT B
2000 Chula Vista Downtown Promotions
Farmers Market- County wide event selling fresh produce,flowers fruits and
much more. Located on Center Street at Third Ave, every Thursday 3-6 pm. This event
funds itself other than partial funding provided by the city for advertising and is a
source of income for the Association.
Blast From the Past Classic Cars - Held every Wednesday from April
5th to October 25th on Third Ave Between E Street and G Street. This event is self
funded by the businesses except for promotion money provided by the city. This event
attracts people from all over the county and produces extra business for the local
business.
Lemon Festival- A South Bay favorite attended by around 30,000 from all over
the county. We are asking for city services for this event and also asking for Dollars to
help advertise and promote the Lemon Festival. This event will require a street closure
from E Street to G Street. This year in order to help fund itself we are asking for city
approval to sell beer in a beverage area~ ( see attachment) Sunday June 6, 1999
Friday Lunch Concert- Music at lunch is the high light of this event it is an
event that the workers in and around the Downtown enjoys, it will be a self funded
event. It will require the use of Memorial Park at the fountain. It would help to have the
city stage and sound system each week. Will be held every Friday July7th, 14th, 21st
and 28th.
Taste of Summer Nights - A self guided tour of restaurants that funds it self
and helps promote business in the downtown. We will need to use the fountain area at
Memorial Park. August 29, 1999
Starlight Yule Parade / Holiday Lighting- A self funded event with
the help of city fund to promote and advertise this event. It requires the closure of Third
Ave from E Street to I Street for the Parade, and only the use of Memorial Park for
Holiday Lighting. December 2, 1999 will be the day of parade and lighting will be
Wednesdays the 6th and 13th.
C/nco de Mayo- This eventwill be a street faire much promoting and show
casing the culture of our neighbors from the south. The event drew around m50,000
people would require a street closure from E Street to G Street and would require city
services. This event would also like to sell beer in a beverage tent. May 7, 1999
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF CHULA
VISTA APPROVING THE CHULA VISTA DOWNTOWN BUSINESS
ASSOCIATION'S 2000 BUDGETAND DEFERRING REQUEST FOR
ASSISTANCE FOR CONSIDERATION WITH FY 200012001 BUDGET
SESSION
WHEREAS, the Chula Vista Municipal Code requires the City Council to review the
Chuia Vista Downtown Business Association's annual budget and to authorize the disbursement of
funds received through the Business Improvement District assessment; and
WHEREAS, the Chula Vista Downtown Business Association has submitted a budget
for 2000 activities and a request for assistance with funding the 2000-2001 promotional activities and
advertising and subsidy for the Town Manager position; and
WHEREAS, the City Council has reviewed the Chula Vista Downtown Business
Association's 1999 budget and request for funding; and
WHEREAS, the City Council desires that the Chula Vista Downtown Business
Association conduct quality promotional activities and advertising to promote the Downtown area in
accordance with the Town Centre I Five Year Implementation Plan and shall assist in the elimination
of blight as stated in said plan.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does
hereby approve the Chula Vista Downtown Business Association's 1999 budget and defers the
Downtown Business Association's request for staff services, Town Manager and promotion assistance
for consideration in the 2000-01 budget session.
PRESENTED BY APPROVED AS TO FORM BY
Chris Salomone
Director of Community Development Jo,~heny~
C '~.~ r~..~ ~.._~../"~ ~
H:\SHARED\COMMDEV\dba2000budgetreso-agency.wpd
~:ITY COUNOIL AGENDA STATEMENT
ITEM NO.
MEETINQ DATE ~
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE REVISED INCENTIVE AGREEMENT WITH LEVlTON
MANUFACTURING CO.
Su.',Mi'rrEo =,Y: COMMUNITY DEVELOPMENT DIRECTOR L,~-~-~-~
REVIEM/ED BY, CITY MANAGERL~'..r;)I~ (4/5TM VOTE' YE"__ NO X )
On November 16, 1999, Council approved a Business Incentive Agreement with the Leviton Manufacturing Company
and a related Economic Incentive Agreement with the EastLake Development Company. The Lev,ton agreement
provides approximately $1 million in fee reduction incentives, $725,000 of which are paid by EastLake Development
Co. {The agreement with EastLake not only supported the attraction of Leviton, but also resulted in opening up the
company's remaining 80 net acres of business park land for development/job creation.) The balance of the Lev,ton
incentives are being provided by the City which is paying Leviton's processing fees and PFDIF fees at a total of
approximately $110,630, awarding Lev,ton an $80,000 CDBG grant, and fast-tracking the entire EL Business Center
II and Lev,ton project.
In exchange for the incentives, Leviton is building a 90,000 sq. ft. facility and hidng approximately 200 employees
over a period of 5 years - primarily high-paid engineers. This project represents a major Business Response Team
(BRT) success. Staff is bringing Council a revised Incentive Agreement which reflects some minor modifications
requested by Lev,ton. With only one minor exception (Item 23, see attachment), these modifications do not have
policy or fiscal impacts. Staff recommends their approval.
That Council adopt the resolution approving the revised Business Incentive Agreement.
Not applicable.
PROJECT STATUS
Lev,ton was approved by the DEC on February 6, 2000 by a 3-0 vote. The DRC praised the facility's amhitecture
and site design. The grading permit has been signed by staff. The building permit is being processed.
A.qreement Modifications
The recommended revisions are shown in the attached redtined agreement and are almost entirely for purposes of
clarification. Only the last item below reflects a change in policy. In summary, the changes are as follows:
PAGE ~o~ ITEM ~
MEETING DATE 03/21/00
· Inserting "approximately" in reference to the building square footage; and "good faith efforts" as relates to the Cf
of employees to be hired after the initial 66.
· Extending maximum construction time from 14 months to 16 months; and the opening deadline from 14 to 16
months.
· Clarifying that waived fees are "processing" fees.
· Clarifying both parties' agreement that Leviton will not be responsible for any City fees other than the Interim SR
125 fee (as described in the agreement) and that if "conditions subsequent" are not met, Leviton is only
responsible for reimbursing the City for City expenditures (up to $110,630).
· "Switching around" Items 11 and 13 in terms of which fees are being paid by which soumes. This change was
initiated by the City to be consistent with language in EastLake's agreement with Leviton. EastLake still pays
$100,000; the City still pays up to $80,000. There is no additional impact to the City.
· Updating language where tasks have already been accomplished or are moot; including deletion of Exhibit C,
the project schedule. New language states that the building permit will be issued within 60 days of approved
submittals.
· Item 23 provides for an amortization of the fee reimbursement to the City if for some reason Leviton is fomed to
relocate out of the City or close operations before the end of 10 years; i.e. their reimbursement obligation is
reduced by 10% for each year.
The only fiscal impact pertains to Item 23. Leviton must reimburse the City for the City's $110,630 in incentives if
they do not meet all their required conditions. One condition is to stay in Chula Vista for 10 years minimum. The
new language in Item 23 reduces their reimbursement obligation by 10% for each year they are open. For example,
if they must close in year 9, their reimbursement obligation is $11,063, as opposed to the entire $110,630.
H:\HOME\COMMDEV~STAFFREP\03-21~)0~Leviton Agmt.doc
ATI'ACHMENT1
BUSINESS INCENTIVE AGREEMENT
BETWEEN CITY OF CHULA VISTA
AND LEVITON MANUFACTURING COMPANY, INC.
This Agreement, dated this .day of , 2000, for
the purposes of reference only and effective as of the date last
executed between the parties, is made between the City of Chula
Vista, a chartered municipal corporation of the State of
California ("City"), and Leviton Manufacturing Company, Inc.
("Leviton"), and is made with reference to the following facts:
I. Recitals:
A. City wishes to strengthen the local economy, ensuring
both a growing tax base and growing employment opportunities for
Chula Vista residents.
B. City, in coordination with EastLake Development Company
("EastLake"), previously established a Hightech/Biotech Incentive
Zone via Ordinance No. 2621 in order to offer incentives to
qualifying technology-based companies to encourage their location
within the EastLake Business Center (Phases I and II).
C. City and EastLake are coordinating to encourage Leviton
Manufacturing Company, Inc. ("Leviton") to locate its Western
Regional Facility ("Leviton's Project") within the EastLake
Business Center Phase II, and to make available and ready for
development the balance of Phase II to additional hightech
businesses.
D. Leviton Manufacturing Company, Inc. ("Leviton") is an
electrical products and components manufacturing business that
wishes to relocate from its existing San Diego facility and to
expand its business by the acquisition of land and construction of
a western regional facility ("Leviton's Project") in the City of
Chula Vista.
E. Leviton's Western Regional Facility will initially
consist of e 90,000 square foot building and will
employ approximately 200 employees within 5
years, the majority of which will be engineering, managerial
and/or office employees.
F. Leviton had considered locating its Western Regional
Facility outside of the City of Chula Vista. A key consideration
was the significant differential in the cost of fees related to
the two sites. The City wishes to facilitate a reduction in fee
costs related to the Chula Vista site in order to make the site
more economically competitive.
G. In order to reduce costs to Leviton, the City and
EastLake agree to mutual concessions which result in EastLake and
the City reducing Leviton's City fee obligations to the Interim SR
125 DIF fee and its Mello-Roos fees to $176,043.00 as described
herein.
H. EastLake has entered into an agreement with Leviton for
the sale of a certain parcel of land within the EastL&ke Business
Center Phase II.
I. City and Leviton are both interested in and committed to
taking all necessary steps to facilitate the construction and
operation of Leviton's Project within the City.
II. Obligatory Provisions.
Now, therefore, the parties agree as follows:
A. Leviton's Obligations.
Leviton agrees to construct at least a 90,000
square foot facility for office, research and
development, distribution and light assembly
purposes ("Facility"). Of the 90,000 square feet,
at least 50,000 square feet shall be for office
and research and development purposes. The design
of the Facility shall provide for conversion of
the Facility to accommodate 70,000 square feet of
office space, in the aggregateiiili thereby reducing
the total number of square feet provided for
warehousing purposes.
2. Leviton shall complete construction of the
facility at the Leviton Project no later than ~-~
~ months after the first building permit for the
Leviton Project is issued by the City and shall
commence operations within -~ ~i months of
receiving same building permit.
3. Leviton agrees to employ a minimum of 66 employees
within 6 months of opening the Facility. Leviton
further intends to employ approximately 200
employees by the end of year 5, the majority of
which will be engineering, management and/or
office personnel.
4. Leviton, contemporaneous with execution of this
Agreement, shall enter into the Employment
Services Agreement in substantially the form
attached hereto as Exhibit A.
2
5. Leviton intends to operate in good faith its
Western Regional Facility within the City for no
less than 10 years from the date it is initially
opened for business.
6. While operating its Western Regional Facility,
Leviton agrees to coordinate with the City of
Chula Vista as relates to Leviton's participation
in the San Diego County CONNECTORY, and the City's
web page or similar web page within the City's
discretion.
B. Fee Related Concessions to be Granted by City and by
EastLake.
City agrees to bear, on the conditions subsequent herein
stated, certain costs by granting the concessions, described
herein, to Leviton. ("City's Duty to Provide Concessions").
7. City hereby agrees to waive ccrtain
fees as listed on Exhibit B hereto.
8. City agrees to assume the cost of Leviton's
$78,475 Public Facilities Development Impact Fee.
9. City further agrees that Leviton shall have no
obligation to pay City development fees
necessary to obtain a building permit
other than the
its responsibility for the Interim SR 125 fees as
described below.
10. City agrees to defer Leviton's Interim SR 125 Road
fee of approximately $119,720 for at least five
years from Leviton's receipt of a certificate of
occupancy for the Chula Vista Facility. If, after
such five years has run, City determines that: (1)
100% of SR 125 Toll Road financing has not been
obtained (i.e., bonds have not been issued) and
(ii) there is a need to collect fees to construct
an interim arterial, Leviton must commence paying
its entire SR 125 fee obligation within 30 days of
City's written request to do so. Such fees shall
be paid annually ~ . in equal amounts
for up to 10 years at no interest cost. If City
determines after such five years has run that
payment by Leviton of the SR 125 fee is
unnecessary, the City may, in its discretion,
permanently waive the SR 125 DIF fees.
11. City will pay Leviton' s ~ ~ ~ ......
v~lz~ ...... (for a total ~o~ ~
with funds from the City ' s Community
Development Block Grant Program (or other source
as approved by the City Manager or Council as
appropriate) .
12 City
a Business Incentive agreement with EastLake
which will provide for EastLake to apply its EDU
credits in the amount required by the Leviton
project, thereby eliminating Leviton's requirement
to pay a ~ Transportation Development Impact Fee
13. City agrcc
a Business Incentive agreement with EastLake
Development Company which provides for EastLake to
pay
~, ....... ~ Lev n's
in exchange for certain concessions to
EastLake Development Company
14. City will allow prior to final map approval,
grading of the site which Leviton will purchase on
the condition that such grading plans meet all
City requirements.
15
· City agrees to establish an interdepartmental
Leviton Project Team to meet regularly with the
applicant (s) , to include an overall Project
Manager, as well as Single Points of Contact in
each of the City's Development Departments.
4
..... ~ ..................................... ~X 1 C.
The City agrees to use its best efforts to enable
Leviton to pull building permits no later than
The City's agreement to use its best efforts mn
this regard is contingent upon receiving all
required applications and documentation from
............... ~ ............ ~ .... from Lev on in
an acceptable form and in a timely manner.
17. EastLake Business Center II and Leviton
entitlements shall be subject to final approval of
the City Council which reserves to itself such
unfettered discretion as the law requires. Should
the City Council not approve the City's business
incentive agreement with EastLake, this agreement
by and between City and Leviton shall be void.
18. City agrees to consider in good faith a request by
Leviton for an extension of time for Leviton to
perform the terms of this Agreement.
C. Conditions Subsequent.
City may require Leviton to repay City,
in cash, the total amount of those fees waived or paid by City on
behalf of Leviton and the total amount of grant funds or ctkcr
awarded Leviton the City to pay its fees as .......... any ~
Those Conditions Subsequent are as follows:
19. Building Investment. Leviton shall fail to
complete construction of an approximately 90,000
square foot facility in the EastLake Business
Center within ~ ~ months of the issuance of the
first building permit for the facility.
20. Chula Vista Jobs Outreach. Leviton shall fail to
execute the Employment Agreement attached hereto
as Exhibit A and thereafter fail to comply with
the terms thereof.
21. Commence Operations. Leviton shall fail to
commence operations of its Western Regional
Facility within ~ months of receiving the
first City building permit for the facility.
22. Employment. Leviton shall fail to employ the
23. Relocation. Leviton relocates outside the City
its operations of its Western Regional Facility
during the 10 year period from the date such
facility initially opens for business.
III. General Provisions.
24. No Partnership, Etc.
Nothing herein contained shall be construed to create a
partnership or joint venture between City and Leviton with respect
to the development of the EastLake Business Center Phase II or any
part thereof, nor shall City have any liability or obligation to
any person whatsoever except its obligations to Leviton as
specifically set forth herein.
25. Gender, Number.
Whenever the context requires, the use herein of (i) the
neuter gender includes the masculine and the feminine gender and
(ii) the singular number includes the plural number.
26. Captions.
Captions in this Agreement are inserted for convenience of
reference only and do not affect the construction or interpreta-
tion of this Agreement.
6
COUNCIL RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE REVISED INCENTIVE AGREEMENT
WITH LEVlTON MANUFACTURING COMPANY
WHEREAS, on November 16, 1999; Council approved a Business Incentive Agreement with
the Leviton Manufacturing Company and a related Economic Incentive Agreement with the EastLake
Development Company; and
WHEREAS, the agreement with EastLake not only supported the attraction of Leviton, but
also resulted in making available EastLake's remaining net 80 acres of business park land for
development and job creation; and
WHEREAS, in exchange for City and EastLake incentives, Leviton is building a 90,000 sq. ft.
facility and hiring approximately 200 employees over a period of 5 years; and
WHEREAS, Leviton has requested the following minor modifications to the Incentive
Ag reement:
1) Inserting "approximately" in reference to the building square footage; and "good faith
efforts" as relates to the number of employees to be hired after the initial 66;
2) Extending maximum construction time from 14 months to 16 months; and the opening
deadline from 14 to 16 months;
3) Clarifying that waived fees are "processing" fees;
4) Clarifying both parties' agreement that Leviton will not be responsible for any City fees
other than the Interim SR 125 fee (as described in the agreement) and that if "conditions
subsequent" are not met, Leviton is responsible for reimbursing the City for City
expenditures only (up to $110,630);
5) Moving Items 11 and 13 in terms of which fees are being paid by which sources in order
to be consistent with language in EastLake's agreement with Leviton;
6) Updating language where tasks have already been accomplished or are moot; including
deletion of Exhibit C, the project schedule. New language states that the building permit
will be issued with 60 days of approved submittals;
7) Item 23 will provide for an amortization of the fee reimbursement to the City if for some
reason Leviton is forced to relocate out of the City or close operations before the end of
10 years; i.e. their reimbursement obligation is reduced by 10% for each year.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does
hereby approve the revised Incentive Agreement with Leviton Manufacturing Company
Presented by Approved as to form by
Chris Salomone John M. Kaheny
Director of Community Development City Attorney
H:\HOME\COMMDEV~RESOS\LEVITON REV AGMT.doc
CITY COUNCIL AGENDA STATEMENT
ITEM NO.
MEETING DATE 3/~' 1/OO
ITEM TITLE: RESOLUTION APPROVING THE AGREEMENT WITH CDC SMALL BUSINESS
FINANCE CORP. TO WORK WITH THE CITY OF CHULA VISTA TO MARKET
FINANCIAL SERVICES TO CHULA VISTA BUSINESSES
SU'='MI'rTE", aY: COMMUNITY DEVELOPMENT DIRECTOR L-~r:I~ (~'
REVIEWED BY: CITY MANAGER~P'~O'~ (4/5TM VOTE: YES__ NO X
The purpose of this Cooperative Agreement is to combine efforts of the CDC Small Business Finance Corp. ("CDC")
and the City of Chula Vista in order to provide greater access to financial services for local Chula Vista businesses.
This is in line with the goal of the City's Local Employer Assistance Program (LEAP) to provide financial and technical
resoumes and services that address the specific needs of Chula Vista businesses. This Agreement emphasizes
collaboration on marketing and promotional materials, encourages timely service delivery to Chula Vista business
customers referred to the CDC by the City of Chula Vista, and provides Chula Vista businesses with a variety of loan
package options that can either stabilize floundering businesses and/or promote growth--at no cost to the City.
The CDC is a non-profit organization that partners with local banks to provide federal SBA loans at below market
rates and with better terms than traditional bank loans. According to the CDC's portfolio summary, over 50 such
partnerships dudng 1998 resulted in 277 loan approvals in San Diego, Orange, Riverside and Impedal counties.
Some of those participating lenders include local banks that currently serve the Chula Vista community like Bank of
America, Union Bank of California, and Scdpps Bank and many others. Up until now, the CDC has had limited
exposure to the Chula Vista market. This agreement will enable City staff to work with the CDC to help market their
services to the Chula Vista Business Community.
Staff recommends that Council adopt the resolution approving the Cooperative Agreement between the CDC Small
Business Finance Corp and the City of Chula Vista.
None.
Overview of CDC Small Business Finance Corp. ("CDC")
The CDC has been serving the San Diego community for 21 years and is under the current leadership of Kurt
Chilcott, President and Chief Executive Officer. The CDC's "1999 in Review" summary report shows that CDC
funded a total of 304 SBA 504 loans during their 1999 fiscal year, a 10 percent increase over 1998 and the highest
total in the country among the 290 certified development corporations chartered by the U.S. Small Business
Administration {"SBA"). Another recent noteworthy accomplishment is the designation by the SBA as a Premier
Certified Lender. The Premier Certified Lending Program gives CDC greater control in authorizing, closing and
PAGB 2~ ITBM
~IEETING DATE 03/21/00
servicing loans, ulfimately making the process much more efficient and expedient for the borrower. This will result in
a streamlined approval process by shifting more responsibility and decision-making authority from the SBA to CDC,
which translates to faster loan processing for Chula Vista businesses.
Scope of Agreement
CDC Responsibilities:
· Provide appropriate marketing and promotional materials regarding CDC financial assistance programs for use
in the City's On-site Visitation Program, special events, business forums, conferences, and for distribution at the
Community Development Department
· Follow up on Chula Vista businesses referred by the City to the CDC within 5 working days after the referral
· Screen, package, process CDC loans or refer Chula Vista businesses to other financial resources
· Provide a monthly update on Chula Vista business clients
· Consult with City staff on relevant questions to include on the City's On-site Visitation Program survey
· Provide speakers for quarterly City sponsored Business Forums and seminars
· Include reference to the CDC's alliance with the City on appropriate promotional materials in a form approved by
the City
City Responsibilities:
· Provide information regarding CDC's financing programs to existing Chula Vista businesses,
· Refer prospective Chula Vista businesses to CDC for financial analysis and loan processing
· Include reference to CDC as a small business financial resource provider on appropriate promotional materials
in a form approved by CDC
· Collaborate on developing joint informational materials
In summary, this no cost Cooperative Agreement will help to bring more business to local lending institutions, provide
a variety of specialized loan programs to Chula Vista's underserved market, and to create and retain local jobs,
There will be no fiscal impact to the City except for staff time.
H:\HOME\COMMDEV~STAFF.RE P\03-21 GO\COUNCIL AGENDA STATEMENT - CDC Agreement.doc
C00PEIL~TIVE AGREEMEI~
BETWEEN
Cl'l'~ 0F CI-l-[]~ VISTA
CDC SMALL BUSINESS FINANCE CORP
Whereas the City of Chula Vista ("City~) is committed to providing high quality
economic development services to existing and prospective businesses and offering
access to capital for these businesses; and
Whereas CDC Small Business Finance Corp ("CDC") is the nation's top coram~uity-
based economic development lender and the top SBA lender in San Diego County
Whereas it is in the mutual interests of the City and CDC to promote economic
development finance progr~.ras within the City.
Now therefore, City and CDC agrees as follows:
1. Under this agreement, the City shall:
· Provide information regarding CDC's financing programs to existing Chula
Vista businesses.
· Refer prospective Chula Vista businesses to CDC for financial analysis and loan
processing
· Include reference to CDC as a small business financial resource provider on
appropriate promotional materials in a form approved by CDC
· Collaborate on developing joint informationaJ materials
2. Under this agreement, the CDC shall:
· Provide appropriate marketing and promotional materials regarding CDC
financial assistance programs for use in the City's On-site Visitation Program,
special events, business fore,ms, conferences, and for distribution at the
Community Development Department
· Follow up on Chula Vista businesses referred by the City to the CDC within 5
working days after the referral
· Provide business financial information and analysis to City staff as needed
· Screen, package, process CDC loans or refer Chula Vista businesses to other
financial resources
· Provide a monthly update on Chula Vista business clients
· Consult with City staff on relevant questions to include on the City's On-site
Visitation Progr~.m survey
· Provide speakers for quarterly City sponsored Business Fox,fas and seminars
· Include reference to the CDC's alliance with the City on appropriate
promotional materials in a form approved by the City
3. Each party shall be responsible for its own costs incurred in connection with
the services provided above.
4. This agreement can be terminated anytime at either party's discretion upon
written notice to the other party.
5. General Provisions:
a. CDC agrees to protect, defend, indemnify and hold harmless the City, its
Council members, officers, employees, agents and representatives
(collectively, "Indemnified Parties"), from and against, any and all claims,
costs, d~.r~ages, liabilities or losses, including, without limitation, attorneys'
fees and court costs (collectively, "losses"), which are claimed or pursued
by existing or prospective Chula Vista Business customers or indirectly, by
any act or omission by CDC or its agents in connection with the services it
is providing under this agreement excluding, however, any such losses
caused by the sole negligence or willful misconduct of one or more of the
Indemnified Parties. CDC's obligations trader this section shall survive the
termination of this agreement.
b. There shall be no third party beneficiaries of any of the obligations, terms
and conditions set forth in this agreement.
c. Nothing in this agreement shall be deemed to create any form of business
organization between the parities, including, without ]imitation, a joint
venture or partnership.
d. City makes no representation or warranties as to the qualifications or
City of Chula Vista CD~ Small Business Finance Corp
Date Date
Approved as to form:
City Attorney
Date
COUNCIL RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE AGREEMENT WITH CDC SMALL
BUSINESS FINANCE CORP. TO WORK WITH THE CITY OF
CHULA VISTA TO MARKET FINANCIAL SERVICES TO CHULA
VISTA BUSINESSES
WHEREAS, the City of Chula Vista ("City") is committed to providing high quality economic
development services to existing and prospective businesses and offering access to capital for these
businesses; and
WHEREAS, CDC Small Business Finance Corp. ("CDC") is the nation's top community-
based economic development lender and the top SBA lender in San Diego County; and
WHEREAS, it is in the mutual interests of the City and CDC to promote economic
development finance programs within the City.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does
hereby approve the agreement between the City of Chula Vista and CDC Small Business Finance
Corp. to carry out the terms of the agreement in the form presented, copies of which shall be kept on
file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute said
agreement on behalf of the City of Chula Vista.
Presented by Approved as to form by
H:\HOME\COMMDEV\RESOS\CDC.doc
COUNCIL AGENDA STATEMENT
Item ~;~
Meeting Date 3/21/00
ITEM TITLE: Resolution Approving Change Order No. 3 for the
"Telegraph Canyon Channel Improvements, Phase I, from Sierra Way to
'K' Street" (DR-118) Project and Authorizing the Director of Public Works
to Execute Said Change Order on Behalf of the City
BY: Director of Public Work~,~,~/{~
SUBMITTED
City Mana er ~t~
REVIEWED BY: g A67d 0t~ (4/Sths Vote: Yes__ No X )
On August 17, 1999, City Council awarded the contract for the "Telegraph Canyon Channel
Improvements, Phase I, from Sierra Way to 'K' Street" (DR-118) project to Mesa Construction
Projects, Inc. (Mesa). Between November 16 and 20, the Otay Water District released water
from one of its reservoirs, but did not inform the City or the contractor. This release of water
resulted in damage to Mesa's work upstream of Second Avenue. City staff negotiated proposed
Change Order No. 3 with Mesa to enable the contractor to work downstream of Second Avenue
while damages to the work upstream of Second Avenue could be assessed and to avoid potentially
costly delays to the City.
RECOMMENDATION: That Council adopt the Resolution Approving Change Order No. 3 for
the "Telegraph Canyon Channel Improvements, Phase I, from Sierra Way to 'K' Street" (DR-118)
Project and Authorizing the Director of Public Works to Execute Said Change Order on Behalf
of the City
BOARDS/COMMISSIONS RECOMMENDATIONS: Not Applicable
DISCUSSION:
On August 17, 1999, City Council approved Resolution No. 19573 awarding the contract for the
"Telegraph Canyon Channel Improvements, Phase I, from Sierra Way to 'K' Street" (DR-118)
project to Mesa Construction Projects, Inc. (Mesa) for $2,485,026.30. Between November 16,
1999 and November 20, 1999, the Otay Water District released water from its Patzig Reservoir
near EastLake. The Otay Water District did not inform the City or the contractor of said release.
The water reached the project by mid-day November 17, 1999 and continued through November
21, 1999, resulting in damage to Mesa's work upstream of Second Avenue, including the
subgrade, forms, reinforcing steel, and equipment. It was determined at that time that clean-up
and damage assessment would take two to three weeks.
Page 2, Item ~
Meeting Date 3/21/00
In order to avoid potentially costly delays to the City and to take advantage of dry weather
conditions, City staff and Mesa agreed that it would be prudent to perform work downstream of
Second Avenue out of the normal east-to-west (upstream-to-downstream) sequence while damages
upstream of Second Avenue could be assessed and that portion of the site could be cleaned-up.
Mesa has filed a "Notice of Potential Claim" with the City for financial damages resulting from
the Otay Water District's release. Mesa's claim has been rejected by City staff on the basis that
the City is not contractually responsible for the Otay Water District's actions. Therefore, all
clean-up work has been performed under "Dispute" procedures outlined in the Standard
Specifications for Public Works Construction and is now complete. City staff is working with
Mesa, the Otay Water District, and the Otay Water District's insurance carrier in resolving the
dispute. If it is determined that the Otay Water District is responsible for the damages incurred
by Mesa as a result of the release of water from Patzig Reservoir between November 16 and 20
and impacting the construction site between November 17 and 21, then the City may be able to
recover the cost of proposed Change Order No. 3.
Proposed Change Order No. 3, in the amount of $14,500, is for the material costs for new forms
and for overtime differential associated with the fabrication/installation of the forms and the
installation of reinforcing steel downstream of Second Avenue. The fabrication of new forms was
necessary because the contractor originally planned to use the forms that were damaged
throughout the entire project. The work associated with proposed Change Order No. 3 enabled
the contractor to proceed with contract work while cleaning up the damaged work and to
ultimately complete most of the channel bottom before the advent of heavy rains.
It should be noted that Change Order No. 1, which resulted in an increase of $2,831.70 to the
contract, and Change Order No. 2, which resulted in a decrease of $1,950 to the contract, were
previously executed by the Director of Public Works in accordance with City Policy No. 574-01.
The net cost of Change Order Nos. 1 and 2 was $881.70. Change Order No. 1 was for the
replacement of a metal storage shed which was in conflict with the channel; this shed was not
shown on the plans because it was built after the project's aerial photographs and field surveys
were completed. Change Order No. 2 was for: additional items of restoration work at 190 San
Miguel Court that were not apparent due to heavy vegetation overgrowth; a credit for the closure
of Second Avenue; a credit for the contractor not being required to support a water main in
Second Avenue, which was taken out of service for the construction of the box culvert; and, a
credit for a change to the drainage system behind the channel walls. The amount of proposed
Change Order No. 3 exceeds the authorization limits of both the City Manager and Director of
Public Works under said City Council Policy and requires City Council authorization.
FISCAL IMPACT:
Proposed Change Order No. 3 for $14,500, along with two previous change orders totaling
Page 3, Item ~
Meeting Date 3/21/00
$881.70, will increase Mesa's contract to $2,500,408.00. The project's contingency fund balance
will be reduced from $250,000 to $234,618.30. If it is determined that the Otay Water District
is responsible for the damages incurred by Mesa as a result of the release of water from Patzig
Reservoir between November 16 and 20 and impacting the construction site between November
17 and 21, then the City may be able to recover the cost of proposed Change Order No. 3.
Attachment: Proposed Change Order No. 3
/kpa
File No. 0735-10-DRl18
H:\HOME\ENGINEER\AGENDA\DR 118CO3.113
CI'IY OF
CHUlA VISTA
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
CHANGE IN CONTRACT
CHANGE ORDER NO. 3
Date: February 2, 2000
File No.: DR-118
CONTRACT: THE TELEGRAPH CANYON CHANNEL
IMPROVEMENTS, PHASE I, FROM NORTH OF
SIERRA WAY TO "K" STREET IN THE CITY OF
CHULA VISTA, CALIFORNIA (C.I.P. No. DR-118)
CONTRACTOR: MESA CONSTRUCTION
The following changes shall be made to the above-referenced contract between the City of Chula
Vista and MESA CONSTRUCTION:
1. Fabricate and install the channel invert and new 12" starter wall forms west of Second
Avenue. This work is being performed out of sequence and is necessitated by the damage
incurred to the work upstream of Second Avenue due to the release of water by Otay
Water District from its Patzig Reservoir near Eastlake between 11/17/99 and 11/21/99.
This includes all labor and material costs for the thbrication and installation of the forms
west of Second Avenue, the overtime costs incurred for the installation of the forms and
the placement of the steel rebar needed to make the December 6th concrete placement.
Lump Sum $14,500.00
These agreed upon lump sum prices include all costs for furnishing all tools, labor materials and equipment, as well as
incidental costs and fees for performing the work in this contract change and no additional compensation will
be due therefor.
ORIGINAL CONTRACT PRICE: $2,485,026.30
PREVIOUS CHANGE ORDERS: $ 881.70
THIS CHANGE ORDER: $ (14,500.00)
REVISED TOTAL CONTRACT PRICE: $ 2,500,408.00
It is agreed by the undersigned that this work shall be performed and materials furnished in accordance with
the original contract, Green Book specifications and applicable standard drawings.
APPROVED BY ACCEPTED BY ORDERED BY
John P. Lippitt M,.~sa.C-¢on~uc--'k'~on C~ord L. Swanson
Director of Alberto Larios Deputy Director of
Public Works Project Manager Public Works
276 FOURTH AVENUE / CHULA VISTA, CALIFORNIA 91910-2631 / (619) 691-5021
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING CH/L~IGE ORDER NO. 3 FOR
THE "TELEGRAPH CANYON CHANNEL IMPROVEMENTS,
PHASE I, FROM SIERRA WAY TO 'K' STREET (DR-
118) PROJECT AND AUTHORIZING THE DIRECTOR OF
PUBLIC WORKS TO EXECUTE SAID CHANGE ORDER
WHEREAS, on August 17, 1999, City Council approved
Resolution No. 19573 awarding the contract for the "Telegraph
Canyon Channel Improvements, Phase I, from Sierra Way to 'K'
Street" (DR-118) project to Mesa Construction Projects, Inc. (Mesa)
for $2,485,026.30; and
WHEREAS, between November 16, 1999 and November 20, 1999,
the Otay Water District released water from its Patzig Reservoir
near EastLake and did not inform the City or the contractor of said
release; and
WHEREAS, the water reached the project by mid-day
November 17, 1999 and continued through November 21, 1999,
resulting in damage to Mesa's work upstream of Second Avenue,
including the subgrade, forms, reinforcing steel, and equipment and
it was determined at that time that clean-up and damage assessment
would take two to three weeks; and
WHEREAS, City staff and Mesa agreed that it would be
prudent to perform work downstream of Second Avenue out of the
east-to-west sequence in order to avoid further construction delays
and to take advantage of the dry weather conditions; and
WHEREAS, proposed Change Order No. 3, in the amount of
$14,500, is for the material costs for new forms and for overtime
differential associated with the fabrication/installation of the
forms and the installation of reinforcing steel downstream of
Second Avenue.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby approve Change Order No. 3 for the
"Telegraph Canyon Channel Improvements, Phase I, from Sierra Way to
'K' Street (DR-118) Project in the amount of $14,500.
BE IT FURTHER RESOLVED that the Director of Public Works
is hereby authorized and directed to execute said Change Order on
behalf of the City of Chula Vista.
Presented by Approved as to form by
John P. Lippitt, Director of /~n M. Kah torney
H:\home\attorney\reso\DRllS.CO3
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date_3./2jJ.Q0_
ITEM TITLE: Resolution Increasing the Maximum Compensation for the
Agreement Between the City of Chula Vista and Law Crandall, a Division of
LAW Engineering and Environmental Services, Inc., for Materials Testing and
Geotechnical Consulting Services from $200,000 to $400,000 through December
31, 2000
/
SUBMITTED BY: Director of Public Works {~
REVIEWED BY: City Manager (4/Sths Vote: Yes NoX)
On December 15, 1998, the City Council approved Resolution No. 19296 approving a two-year
agreement with LAW Crandall to provide materials testing and geotechnical engineering consulting
services from January 1, 1999 to December 31, 2000. At the time said agreement was approved, it was
anticipated that the cost for LAW Crandall's services for the two years would be about $200,000.
However, unanticipated costs totaling approximately $85,000 were incurred for inspection and testing
services performed in 1999. Invoices for services provided by LAW Crandall now total $191,000.
On January 11, 2000, City Council, by Resolution No. 2000-014, approved the use of $5 million in
Federal STP funds to expedite the City's Overlay Program. Staff estimates that the materials testing
costs required for said overlay will total approximately $200,000 in FY 00-01, of which it is anticipated
that approximately $120,000 will be expended through December 31, 2000. An estimated $80,000 is
also required for other CIP projects scheduled to be constructed through December 31, 2000. Therefore,
it necessary to increase the maximum compensation under the existing agreement with Law Crandall
from $200,000 to $400,000.
RECOMMENDATION: That Council approve the Resolution Increasing the Maximum
Compensation for the Agreement Between the City of Chula Vista and Law Crandall, a Division of
LAW Engineering and Environmental Services, Inc., for Materials Testing and Geotechnical Consulting
Services from $200,000 to $400,000 through December 31, 2000
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The construction of public works infrastructure improvements requires the use of quality materials to
assure their longevity and usefulness. In order to verify that materials used in City construction projects
meet the City's specifications, we obtain certifications from manufacturers and material suppliers and
require supplemental testing on a project-by-project basis.
The City does not have the staff or the equipment to perform this highly specialized material and soil
testing in-house and it is more practical and feasible to hire a consultant on an as-needed, on-call basis.
The services currently provided by Law Crandall have been performed on a contract basis by various
Page 2, Item
Meeting Date
consultants for the last ten years and have increased the City's ability to assure that quality materials are
used in capital improvement projects.
On December 8, 1998 City Council approved Resolution No. 19296 approving the agreement that Staff
negotiated with Law Crandall to provide material testing services from January 1, 1999 to December
31, 2000. Staff originally estimated that during this two year period, the consultant would provide
materials testing and geotechnical engineering services on an intermittent basis at a cost not-to-exceed
$200,000.
Approximately one year into the contract, Law Crandall has submitted invoices to the City totaling
$191,000. Approximately $85,000 in unanticipated costs have been incurred on several projects. These
unanticipated costs include inspection and testing services performed for the Otay Gymnasium ($67,000)
and for geotechnical consulting work during the design phases for the Olympic Parkway ($9,400),
Animal Care Facility ($4,400), and Rohr and Eucalyptus Park ($4,200) projects.
On January 11, 2000, City Council, by Resolution No. 2000-014, approved the use of $5 million in
Transportation Sales Tax (TransNe0 funds for the 1-805 and Olympic Parkway/ Orange Avenue
Interchange project in place of $5 million in Federal Surface Transportation Program (STP) funds. Said
STP funds and additional local funds will be used for the FY 2000-01 Pavement Rehabilitation (Overlay)
Program. This action, while needed, shifted a large reconstruction project into this calendar year,
causing an additional substantial increase in the need for materials testing services. Staff estimates that
the plant inspection, sampling, compaction testing, and laboratory testing costs required for the overlay
project will total approximately $200,000, of which it is anticipated that approximately $120,000 will
be expended through December 31, 2000 during the first construction phase. An estimated $80,000 is
also required for other CIP projects scheduled to be under construction through December 31, 2000,
including the Animal Care Facility and Corporation Yard projects. Therefore, it necessary to increase
.the maximum compensation under the existing agreement with Law Crandall from $200,000 to $400,000
tn order to assure that the City continues to obtain quality construction materials.
In early Spring 2000, staff will solicit proposals from qualified consultants for next year's as-needed
materials testing and geotechnical engineering services contract. Depending upon the rates and
workload, if another consultant is selected, then staff will negotiate a new materials testing and
geotechnical services agreement for City Council consideration. Said agreement would mn concurrently
with the existing LAW Crandall agreement. The existing agreement with LAW Crandall is not exclusive
and allows the City to utilize more than one consultant for these services. This would ensure continuity
on construction projects started by LAW Crandall that should be completed by LAW Crandall.
FISCAL IMPACT: The estimated maximum cost of the existing agreement with Law Crandall is
$400,000 through December 31, 2000. Funding for material testing and geotechnical engineering
services are obtained from developer fees and from approved Capital Improvement Program (CIP)
funds. There will be no expense to the City's General Fund
/kpa
Attachment: Resolution No.19296 - Approving Law Crandall Agreement
H:\HOME\ENGINEER\AGENDA\LAW_EXT. 113
RESOLUTION NO. 19296
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND LAW CRANDALL, A DIVISION OF LAW
ENGINEERING AND ENVIRONMENTAL SERVICES, INC. FOR
MATERIALS TESTING AND GEOTECHNICAL CONSULTING
SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT ON BEHALF OF THE CITY
WHEREAS, the construction of public works infrastructure improvements requires the
use of quality materials to assure their longevity and usefulness; and
WHEREAS, to assure that the City continues to obtain quality improvements, the City
needs to obtain materials testing and geotechnical engineering services for projects built with
both public and private funds; and
WHEREAS, these services will provide the City's Public Works Inspectors with the
ability to assure that the materials supplied to construct the City's infrastructure meet the
project's specifications; and
WHEREAS, staff has completed the Request for Proposal (RFP) and consultant
selection processes and has negotiated the proposed contract with Law Crandall to provide
material testing services from January 1, 1999 to December 31, 2000, with an option to
extend the agreement for an additional year.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does
hereby approve an Agreement, a copy of which is on file in the office of the City Clerk, known
as Document Number CO98-253. between the City of Chula Vista and Faw Crandall, a
Division of Law Engineering and Environmental Services, Inc., for Materials Testing and
Geotechnicat Consulting Services.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized and directed to
execute said Agreement for and on behalf of the City.
Presented by Approved as to form by
JoHn P. Lippitt Jc~n M. Kah~r~y" ,_~
Public Works Director . City Attorney
Resolution 19296
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California,.this 15'h da)' of December, 1998, by the following vote:
AYES: . Councilmembers: Davis, Moot, Padilla, Salas and Horton
NAYS: Councilmembers: None '
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
Shirley Ho~l~on. Mayor
ATTEST:
Beverly ~, Authelet, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Beverly A. Authelet, City Clerk of Chula Vista, California, do hereby certify that the
foregoing Resolution No. 19296 duly passed, approved, and adopted by the City Council at
a regular meeting of the Chula Vista City Council held on the $,h day of December, 1998.
Executed this15'" day of December, 1998.
BeYerly ~{. Authelet, City Clerk
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA INCREASING THE MAXIMUM
COMPENSATION FOR THE AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND LAW CRANDALL, A
DIVISION OF LAW ENGINEERING AND ENVIRONMENTAL
SERVICES, INC., FOR MATERIALS TESTING A/CD
GEOTECHNICAL CONSULTING SERVICES FROM $200,000
TO $400,000 THROUGH DECEMBER 31, 2000
WHEREAS, on Deceraber 15, 1998, the City Council approved
Resolution No. 19296 approving a two-year agreement with LAW
Crandall to provide materials testing and geotechnical engineering
consulting services from January 1, 1999 to December 31, 2000; and
WHEREAS, at the time said agreement was approved, it was
anticipated that the cost for LAW Crandall's services for the two
years would be about $200,000; and
WHEREAS, unanticipated costs totaling approximately
$85,000 were incurred for inspection and testing services performed
in 1999 and invoices for services provided by LAW Crandall now
total $191,000; and
WHEREAS, on January 11, 2000, the City Council, by
Resolution No. 2000-014, approved the use of $5 million in Federal
STP funds to expedite the City's Overlay Program; and
WHEREAS, staff estimates that the materials testing costs
required for said overlay will total approximately $200,000 in FY
00-01, of which it is anticipated that approximately $120,000 will
be expended through December 31, 2000; and
WHEREAS, an estimated $80,000 is also required for other
CIP projects scheduled to be constructed through December 31, 2000,
therefore, it necessary to increase the maximum compensation under
the existing agreement with Law Crandall from $200,000 to $400,000.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby increase the maximum compensation
for the Agreement between the City of Chula Vista and Law Crandall,
a division of LAW Engineering and Environmental Services, Inc. for
Materials Testing and Geotechnical Services from $200,000 to
$400,000 through December 31, 2000.
Presented by Approved as to form by
PublicJ°hn P. WorksLippitt' Director of ~J~w=~/. ~. ~~~~y, ' y y
H: \home \at t orney\ re so\lawcran, ext
COUNCIL AGENDA STATEMENT
Item /~)
Meeting Date 3/21/00
ITEM TITLE: Resolution Accepting filing of Engineer's Report by the City
Engineer on the cost of construction and setting May 2, 2000 at 4:00 p.m. as
the date and time for a public hearing on Assessment District 97-01 for
improvements to Oxford Street from Fourth Avenue to Fifth Avenue in the
City of Chula Vista
Resolution Approving the deferral of assessments and establishing
criteria to qualify for deferral for Assessment District 97-01
/
SUBMITTED BY: Director of Public Works ~
REVIEWED BY: City Manager (4/Sths Vote: Yes No X_)
On October 28, 1997, pursuant to the Improvement Act of 1911, also known as the 1911 Block Act,
the City Council by Resolution No. 18759 (Attachment A) awarded a contract in th'e amount of
$328,708 for Oxford Street improvements from Fourth Avenue to Fifth Avenue to MJC
Construction. The work is now completed and improvements have been accepted by the City
Manager. A resolution must now be approved to accept filing of the Engineer's report on the cost
of construction and to set the public hearing on the assessments.
RECOMMENDATION: That Council adopt resolutions:
1) Accepting filing of Engineer's Report by the City Engineer on the cost of
construction of the improvements to Oxford Street from Fourth Avenue to Fifth
Avenue.
2) Setting May 2, 2000, at 4:00 p.m. as the date and time for public heating on the
proposed assessments for the improvements to Oxford Street from Fourth Avenue
to Fifth Avenue.
3) Approving the deferral of assessments and setting deferral criteria
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
On April 22, 1997 by Resolution No. 18645 (Attachment A) the City Council accepted a petition
signed by the affected property owners to form a special assessment district (1911 Block Act) for
the construction of improvements on Oxford Street between Fourth Avenue and Fifth Avenue. The
Page 2, Item /~)
Meeting Date 3/21/00
public improvements included widening thc existing street to Class II Collector standards, pedestrian
ramps, curbs, gutters, sidewalks, driveways, traffic signal modifications, roadway striping and
miscellaneous appurtenant structures. The o~i$inal estimate for total project costs was $496,858,
with thc construction costs at $361,858. Funding for this project was to be from the Transportation
Development Act (TDA) and the Gas Tax. TDA funding would only be available for thc
construction of an asphaltic concrete (AC) sidewalk on the north side of the street only. At the
property owners meeting on January 30, 1997 the City stated that it would be willing to construct
concrete curb, gutters and sidewalks on both sides of the street, providing that the property owners
pay the difference between constructing the AC and concrete sidewalks and participate in the
formation of a special assessment district. This amount was estimated to be $31,858. In June 1997
a ballot process was held in accordance with thc requirements of Proposition 218, and 88.52 % of
thc property owners' weighted vote supported the formation of the assessment district.
On July 22, 1997 Council held a public hearing and directed City staff to commence with
construction of the improvements per Resolution # 18740 (Attachment B). The construction contract
was awarded to MJC Construction in the amount of $328,708 plus $32,670 in contingencies on
October 28, 1997 by t~esolution # 18795 (Attachment C).
MJC Construction Company completed the construction of alley improvements. A final inspection
was made, all work was found to bc completed in accordance with the contract plans and
specifications and to the satisfaction of the City Engineer. Staff has now received, and the City has
paid, all the contractual invoices for this project. The amount paid to thc contractor, including
adjustments to contract quantities and change orders, totals $337,966.23. Additional water line
relocation and soils testing bring the total construction cost to $385,696.57. The improvements were
accepted by the City Manager on January 7, 2000 (Attachment D).
Staff has completed thc accounting of the expenditures and apportionment to property owners, as
shown in the Engineer's Report (Attachment E). Since the difference between the estimated cost
of the AC sidewalks and related improvements and the actual construction cost is higher than thc
original estimate, each property owner will be assessed at the amount shown on the June 1997 ballot
or their share of the actual construction cost, whichever is less. If the assessments are approved by
Council, the City will be reimbursed $30,809 of the construction cost by the various property owners
over a 10-year period. A public hearing is proposed to be set for April 25, 2000 at 6:00 p.m. to take
testimony on the assessments after which the actual assessments may be levied on the various
parcels. Funds for this project were included in the FY96/97 budget for project STL-229.
The improvements were fmanced by the City and AD 97-01 was formed pursuant to thc 1911 Block
Act to obtain reimbursement for the improvement and other miscellaneous costs in accordance with
Council Policy Number 505-01. The Act is a financing mechanism which authorizes local agencies
to impose assessments on benefitting properties to fund the construction of public improvements.
The property owners have an option of paying local assessments during thc 30 day pay-off period
following confirmation of assessments. If thc assessments are not paid during that time or are
deferred, the City will collect thc unpaid balance in semiannual installments over a period often (10)
Page 3, Item/0
Meeting Date 3/21/00
years at an interest rate of 7% per annum. Property owners may pay the balance of their assessments
at any time during the ten year repayment period without penalty.
In response to property owner's concerns, staff prepared three payment alternatives which were
presented to Council on July 15 and July 22, 1997 (Attachment F). Alternative 1 is the standard
plan most property owners use to spread payments over 10 years at 7 percent interest. Alternatives
2 and 3 involve the deferral of any payment of the principal and therefore require further Council
action. Alternative 2 provides for semi-annual payments of interest only over 10 years, with the
principal due at the end of 10 years or when the property changes ownership. Altemative 3 provides
for one balloon payment of both principal and interest at the end of 10 years or upon change of
ownership. It is recommended that Alternatives 2 and 3 would only be offered to property owners
meeting one of the following criteria:
1. An income less than or equal to the HUD Very Low Income Standards as contained in the
City's Master Fee Schedule;
2. A demonstrated financial hardship approved by Council (For example, a senior citizen,
retired, and unable to pay the assessment).
A similar policy was established for Assessment District No. 93-01 when the City Council approved
Resolution # 17980 (Attachment G) on July 25, 1995. If approved, it is planned that staff will
receive and review deferral applications during May 2000. Should any property owner within the
district meet one of the criteria under Alternatives 2 and 3, a deferral agreement will be prepared
and brought before City Council for consideration.
In accordance with the provisions of Chapter 13 of the Improvement Act of 1911 of the Streets and
Highways Code of the State of California any deferral of assessments shall be approved by a Council
Resolution.
Accepting the Engineers Report and setting a date for public hearing on the assessments is the first
step in finalizing this project and setting the assessments. Other future actions anticipated to be
taken by the City are outlined below with estimated dates. These dates are approximate only and
may change.
ACTION DATE
1. Council Meeting (tonight's agenda) 3/21/00
a). Accept filing of Engineer's Report
b). Set Public Heating on Engineer's report
c) Approving policy for payment deferral
2. Notice of Public Heating to Property Owners mailed out 3/24/00
3. Council Meeting 4/25/00
a). Public Hearing on Engineer's Report
Page 4, Item / ~)
Meeting Date 3/21/00
b). Adopt Resolution Confirming Engineer's Report
c). Adopt Resolution for Notice of Lien
4. File Assessment Diagram 4/28/00
a). City Clerk
b). County Recorder
5. Deferral period for qualifying property owners begins 5/1/00
Notice of Assessment & Begin 30 day pre-payment period
6. End deferral period for qualifying property owners 5/31/00
End 30 day Pre-payment period
7. Council Meeting (for property owners qualifying for deferrals, if any) 6/27/00
a). Adopt Resolution approving deferral agreements
8. Due Date of First Billing 12/10/00
All property owners within this assessment district have been mailed copies of tonight's report to the
City Council.
FISCAL IMPACT:
The following is a breakdown of all costs associated with the project:
CIP # STL-229
Budgeted Contract Actual Funded
Amount Award Cost By
Construction $355,000 $328,708 $337,966 TDA/Gas Tax
(Property owners' ($31,858) ($30,809 + (Gas Tax +
share) $17,640 sewer Trunk Sewer
laterals) Fund)
Miscellaneous $50,500 $32,670 $47,730 Gas Tax
(contingency)
* Staff $160,778 $94,000 $176,453 Gas Tax/
Transporta-tion
Partner-ship
Fund
Project Total $566,278 $455,378 $562,149
* Staff costs (AY-091) includes engineering design and inspection costs.
Page 5, Item ! 0
Meeting Date 3/21/00
Total appropriations are from the following funds:
Gas Tax: $358,500
TDA: $141,500
Transportation Partnership Fund: $22,278
Trunk Sewer Fund Loan: $44,000
TOTAL $566,278
Since the amount appropriated is more than the total cost, it is recommended that the difference of
$4129 be returned to the Trunk Sewer Fund as a partial repayment of the loan.
Only $30,809 of this amount will be payable by residents through the Assessment District. This is
slightly lower than the amount of $31,858 estimated originally based on some differences in the
method of apportioning costs. An additional $17,640 was expended based on verbal discussions
with residents in order to provide sewer laterals for four parcels. Since the lateral cost has not been
included in the assessment district and there have been no written agreements with property owners,
most of this expense will be reimbursed through collection of sewer lateral fees when a plumbing
permit or building permit is obtained for sewer lateral connection.
In addition to the cost summarized above, the City will maintain the street
improvements.
Attachments: A. Resolution No. 18645 B. Resolution No. 18740
C. Resolution No. 18795
D. Memorandum to the City Manager dated January 7, 2000
E. Engineer's Report
F. Payment schedules for Alternatives 1, 2 and 3
G. Resolution No. 17980
H:~-IOME~ENG1NEERXAGENDA~AD9701 .EMC
FILE: 0725-10-AD9701
RESOLUTION NO. 18645
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING PETITION FOR FORMATION OF A SPECIAL
ASSESSMENT DISTRICT ON THE 400 BLOCK OF OXFORD
STREET FOR THE CONSTRUCTION OF STREET IMPROVEMENTS
BETWEEN FOURTH AVENUE AND FIFTH AVENUE (CIP
NO. 0735-10-STL229)
WHEREAS, the City Engineer has received a petition from property owners in the 400
block of Oxford Street between Fourth Avenue and Fifth Avenue requesting that special
assessment proceedings be commenced in accordance with the Improvement Act of 1911 for
the construction of missing street improvements such as curb, gutter, and sidewalks; and
WHEREAS, in accordance with the requirements of Proposition 218, the "Right To
Vote On Taxes Act," a ballot has been mailed to the affected property owners and more than
60 percent of the property owners are in favor of the district; and
WHEREAS, upon acceptance by the Council, the petition will be filed in the City Clerk's
office; and
WHEREAS, approval of this resolution will permit staff to begin assessment district
formation proceedings.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does
hereby accept the petition for formation of a special Assessment District for the construction
of street improvements on the 400 block of Oxford Street between Fourth Avenue and Fifth
Avenue and directs staff to proceed with the assessment proceedings as required by the
Improvement Act of 1911 and Proposition 218.
Presented by Approved as to form by
JDOh.Lippitt ~,J~h~M. Kaheny
irector of Public Works ~/CJ~'y Attorney ~
Resolution 18645
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 22nd day of April, 1997, by the following vote:
AYES: Councilmembers: Moot, Padilla, Rindone, Salas, and Horton
NAYES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
Sh~ey Horton, Mayor
ATTEST:
Beverly A[Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that
the foregoing Resolution No. 18645 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 22nd day of April,
1997.
Executed this 22nd day of April, 1997.
Beverly A. ~uthelet, City Clerk
RESOLUTION NO. 18740
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA MAKING FINDINGS AT PUBLIC HEARING PURSUANT TO
CHAPTER 27 OF THE "iMPROVEMENT ACT OF 1911 "TOFORM
ASSESSMENT DISTRICT 97-01, ON OXFORD STREET BETWEEN
FOURTH AVENUE AND FIFTH AVENUE
WHEREAS, the City Council approved Resolution of Intention No. 18664 ordering the
installation of street improvements on Oxford Street from Fourth Avenue to Fifth Avenue
pursuant to the "improvement Act of 1911"; and
WHEREAS, all owners of property within the proposed assessment district were mailed
notice of the public hearings and the estimated assessment to their property; and
WHEREAS, the Resolution of Intention was published twice in the Star News on
Saturday, June 28, 1997 and Saturday, July 12, 1997 with the first publication being at least
ten days prior to the public hearing date; and
WHEREAS, each property owner within the proposed district was notified on May 13,
1997 to construct the improvements abutting their property within sixty (60) days after notice
is given.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES
HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS:
Section 1. Findinqs: The City Council does hereby find as follows:
A. The City Council of the City of Chula Vista, California, has instituted
proceedings pursuant to the provisions of Chapter 27 of the
"Improvement Act of 1911" being Division 7 of the Streets and
Highway Code of th~ State of California for the construction of certain
authorized improvements in a special assessment district known and
designated as Assessment District No. 97-01 (AD No. 97-01).
B. Notice has been given in the manner and form as required by law and
specifically Article II, Part 3, of Division 7 of the Streets and Highway
Code, and a Certificate of Compliance is on file in the office of the
Superintendent of the Streets (0725-10-AD9701).
C. A public hearing has been held and all testimony and evidence heard
relating to the work of improvement as proposed for the Assessment
District, and the legislative body is desirous at this time to proceed.
Section 2. That all protests of every nature are hereby overruled and denied.
Section 3. The Superintendent of Streets is hereby directed to proceed and cause the
construction of the works and improvements in said Assessment District if said
construction is not commenced within sixty (60) days after notice is given to
the property owner (by 7/12/97 to cause the work to be done.
Resolution 18740
Page 2
Section 4. The works of the improvement shall be done and carried through and financed
pursuant to the provisions of Chapter 27 of the "improvement Act of 1911"
and for all particulars as to these proceedings, reference is made to the
Resolution ordering the installation of the public improvements and instructing
the Superintendent of Streets to give notice.
Section 5. The works of improvement and project shall be financed pursuant to the
provisions of said Chapter 27, and the City shall collect each assessment
remaining unpaid following the expiration of a 30 day cash collection period.
Said balance shall be payable over a period of 10 years at an interest rate of
7% per annum. The City shall collect the unpaid balance of any assessment
on the district properties semi-annually in conjunction with the collection of City
taxes, excepting those properties for which a payment deferral has been
approved. The collection of assessments on these properties shall be in
accordance with the payment schedule stipulated in their deferral agreement.
Section 6. The City has complied with the requirement of Proposition 218, the "Right To
Vote On Taxes Act", by mailing out ballots to all property owners subject to an
increase in their property taxes and has counted the ballots returned and found
that based on financial obligation, that 88.52% of the property owner's share,
voted in favor of forming the assessment district.
Presented by Approved as to form by
Public Works Director C~Attorney
Resolution 18740
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 22nd day of July, 1997, by the following vote:
AYES: Councilmembers: Moot, Rindone, Salas, and Horton
NAYES: Councilmembers: None
ABSENT: Councilmembers: Padilla
ABSTAIN: Councilmembers: None
Shirley Ho/~on, Mayor
ATTEST:
Beverly A.(Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that
the foregoing Resolution No. 18740 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula .Vista City Council held on the 22nd day of July,
1997.
Executed this 22nd day of July, 1997
Beverly A~. Authelet, City Clerk
COUNCIL AGENDA STATEMENT
Item
M[eetin§ Date
ITEM TITLE: Public Hearing on the Resolution of Intention to form Assessment District
97-01, on Oxford Street between Fourth Avenue and Fifth Avenue, pursuant
to the Improvement Act of 1911.
Re~olution l~'Tq O Making findings at public hearing
pursuant to chapter 27 of the "Improvement Act of 1911"
st mT D By: D ector ofPublic Wor pt2q/
REVIEWED BY: City Manager (4/5tbs Vote: Yes_No X)
On May 13, 1997, Council adopted Resolution No. 18663 approving the boundary map for AD97-
01. At the same meeting, Council also approved Resolution of Intention No. 18664 (see Exhibit A)
ordering the installation of street improvements on Oxford Street fi.om Fourth Avenue to Fifth
Avenue pursamnt lO the Improvement Act of 1911 (also known as the 1911 Block Act) and setting
the public hearings for July 15 and 22, 1997. The public hearings are being held to receive public
te~mony on the proposed district improvements. The first pubhc hearing was held on July 15. One
- property owner spoke in favor of the assessment district.
RECOMMENDATION: It is recommended that the Council:
1). Hold the public hearing;
2). Receive testimony;
3). Close the public hearing;
4). Approve the resolution m -aking findings at public heating pursuant to Chapter 27 of the
"Improvement Act of 1911 ".
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
On April 22, 1997 by Resolution # 18645, Council accepted a petition, for the formation of an
assessment district (1911 Block Act) for the construction of street Improvements, such as curb, gutter
sidewalk and pavement on Oxford Slzeet between Fourth Avenue and Fifth Avenue. The Act is a
financing mecMuism which authorizes local agencies to impose assessments 0n benefitted property
Page 2, Item
Meeting Date 7/22/97
to finance the construction of public infi'astrucmm facilities. The public improvements proposed to
be financed through Assessment District (AD) 97-01 include widening the existing street to Class
II Collector standards of 40 feet with widening to 52 feet near the intersections of Fourth Avenue
and Fifth Avenue, pedestrian ramps, curbs, gutters, sidewalks, driveways, Iraffic signal
modifications, roadway striping and miscellaneous appurtenant structures. Completion of the
improvements is projected for the end of the first quarter of 1998.
Staff has estimated the total project costs at $496,858 with the conslrucfion costs at $361,858.
.X_pproximately $3_1,858 of the estimated $361,858 cost of construction is to be reimbursed fi.om the
property owners upon successful formation of the assessment district. This project is part of the
overall ~d~'~all~ safety program, which provides for the eonstmetion of sidewalk facilities in the
Montgomery area~ As originally budgeted in the FY96/97 Capital Improvement Program (CIP #
0735-10-STL-229), the City proposed to build asphalt concrete sidewalks on the north side of
Oxford Street only, to provide a safe walkway to the children in the area~ Funds for this project were
obtained from the Transportation Development Act (TDA) through the San Diego Association of
Governments (SANDAG). However, since TDA funds will pay only for the sidewalk and not
related items such as curb and ~mnter, additional City gas tax funding was included. The construction
of the missing street improvements is included in the Capital Improvement Program (CIP) for Fiscal
Year 1997/1998.
All owners of property within the proposed assessment district (see Exkibit B) were mailed notice
of the two public hearings and the estimated assessment to their properties. The boundary map of
AD97-01 was filed in the County Recorder's Office on Tuesday May 13th, 1997. Also, as required
by the Act, the Resolution of Intention was published twice in the STAR NEWS newspaper on
Saturday June 28th and on Saturday July 12, 1997, with the first publication being at least ten (10)
days prior to the Public Hearing date.
In compliance Mth the Act, each property owner within the proposed district was also notified to
construct the improvements fronting/abutting their property. The notice also indicated that if
conslruction is not commenced withJ, n six~ (60) days after the notice is given, the City shall proceed
with the construction of the improvements and the cost of said construction shall then be assessed
as a lien on the property. As of J~me 27th, 1997, none of the property owners has applied for a
construction permit to install the improvements. If the assessment is not paid upon confirmation.
the City shall collect the unpaid balance of any assessment semiannually in conjunction with th~
collection of Ci~, taxei. In accordance with the Resolution of Imenfion, said balance shall be paid
over a period often (10) years at an interest rate of 7% per armum. The assessments are based on
the amount of frontage on Oxford Su-eet. The assessments range from $372 to $2,793, with 18 of
the 30 assessments at less than $1,000 (see Exhibit C). There are an additional four properties which
have frontage on Oxford Street, but were not included as part of this assessment district since the
street improvements have akeady been constructed along their frontage (see Exhibit B). Three of
these property o~uaers had submitted a ballot in favor of formlng the district while the other property
Page 3, Item
Meeting Date 7/22/97
never returned their ballot. The 3 ballots with zero assessment mount were not considered in the
majority requirement, since they have no financial obligation.
All property owners were invited by mail to attend a meeting on Thursday January 30, 1997 at which
details of the project were discussed. The major issues discussed were: I) assessment district
proceedings; 2) project schedules; 3) project cost estimates and property owner's share of costs; 4)
payment schedules; 5) financing alternatives 6) project design; and 7) a question & answer session.
At this meeting, staff presented the idea of expanding the project to include the installation of
~oncrete sidewalks on both sides of the street instead of sidewalk improvements on the north side
only. The reason for this was that due to the grading required for the work along the north side, the
south side would also require grading to accommodate the proposed ultimate street centerline grade.
The project extension to the south side could be accomplished provided the property owners would
participate in the formation ora special assessment district, whereby the difference in cost from
asphalt to concrete sidewalks would be paid by all area property owners on both sides of the street.
Subsequent to the meeting, staff was also able to resolve those issues which were brought to their
attention. Specifically, those issues centered on the methods of payment, project schedule and limits
of work.
At the July 15, 1997 public hearing, one property owner made a presentation. Although th/s
property owner is not opposed to the formation of the assessment district, he raised several traffic
concerns, including speed bumps, which staffis currently reviewing.
In order to comply with the requirements of Proposition 218, the "Right To Vote on Taxes Act",
which was passed by a majority of the state voters in a generally held election of November 5, 1996,
staffhad to prepare ballots. Proposition 218 requires that a ballot be mailed to all property owners
which may be subject to an increase in their property taxes. When the ballots are returned, the
majority of the votes for or again~'t, based on financial obligation, determines whether or not th/s
district is formed. The results of the voting ballot returns as of June 18, 1997 show the following:
31 ballots of 34 returned with 29 ballots in favor ($28,201) and 2 ballots against ($2,124) the
formation of an assessment distr/ct. Based on the property owner's total financial obligation of
$31,858, the ballots returned in favor represent 88.52% of the property owner's financial obligation.
As of June 18, 1997, the other 3 property owners had not yet responded with their ballots, but they
do have until the close of the second public hearing date of July 22, 1997 to cast their vote (see
auached ballot summary Exkibit D). Even if these 3 property owners submit their ballots against
the formation of this district, their sum financial obligation will not be enough to reverse the majority
vote submitted. The property owners which have already submitted their ballots, also have until the
closure of the second public hearing to change their vote, if desired.
Of the 34 properties with frontage on the 400 block of Oxford Su'eet, four (4) of the properties do
not have any assessment estimate, since along the frontage of their property all of the street
improvements such as curb, gutter, sidewalk and ultimate pavement width are in place. Staff
Page 4, Item,
Meeting Date 7/22/97
therefore excluded these properties fi.om the district ('~Not A Part"), as sho~m on the boundary map
(see Exhibit B), and based on financial obligation, their ballot does not impact the formation of the
The estimated project cost is $496,858. The City will finance the construction of the improvements
estimated at $361,858 and will be reimbursed by the property owner's their share of the cost of the
i~nprovements which are estimated at $31,858. The City will collect these funds through the
formation of AD97-01 and the collection of installments with their property taxes. In addition,
design, inspection, district forma~on cos~ an~~$T3-5,]J00, will not be
reimbursed and will be absorbed by the City in accordance with Council Policy #505-01 (Exh/bit
E).
As mentioned above, the proposed total assessment amount is $31,858. The estimated amounts to
be assessed to each of the parcels in the district is presented in Exhibit C. In order to address the
Council's and property owner's ccncems over financial hardship in meeting the payment obligations,
staff has included an attachment (Exhibit F), which describes altemat/ve payment methods that
Council has adopted for other assessment districts. If there is a property owner which has financial
difficulties, they must have Council approval in order to utilize any of the reduced payment
alternatives (Alternatives 2 & 3).
Tonight's action w/Il continue the proceedings for the formation of AD 97-01 pursuant to the "1911
Block Act". By approving the proposed resolution Council will make the follo~ing findings:
1. The City Council of the City of Chula Vista, California, has instituted proceedings
pursuant to the provisions of Chapter 27 of the "Improvement Act of 1911 being Division
7 oft he Streets and Highways Code of the State of California for the construction of certain
authorized improvements in a special assessment dislrict known and designated as
Assessment District No. 97-01 (AD No.97-01);
2. Notice has been given in the manner and form as required by law and specifically
Article Il, Part 3, of Division 7 of the Streets and Highways Code, and a Certificate of
Compliance is on file in the office of the City Clerk;
3. The City has complied w/th the requirement of Proposition 218, the "Right To Vote On
Taxes Act", by mailing out ballots to all property owners subject to an increase in their
property taxes and has counted the ballots returned and found that based on financial
Page 5, Item
Meeting Date 7/22/97
obligation, that 88.52% of the property owner's share, voted in favor of forming the
assessment district;
4. A public hearing has been held and all testimony and evidence heard relating to the
work of the improvement as proposed for the Assessment District if said construction is not
commenced within sixty (60) days after notice is given to the property owner Coy 7/12/97)
cause the work to be done;
All protests of every nature are hereby overruled and denied;
6. The Superintendent of Streets is hereby directed to proceed and cause the construction
of the works and improvement in said Assessment District if said construction is not
commenced within sixty (60) days after notice is given to the property owner Coy 7/12/97)
cause the work to be done;
7. The works of the improvement shall be done and carried through and £manced pursuant
to the provisions of Chapter 27 of the "Improvement Act of 1911" and for all particulars as
to these proceedings, reference is made to the Resolution ordering the installation of the
public improvements and instructing the Superintendent of Streets to give notice;
8. The works of improvement and project shall be financed pursuant to the provisions of
said Chapter 27, and the City shall collect each assessment remaining unpaid following the
expiration of a 30 day cash collection period. Said balance shall be payable over a period
of 10 years at an interest rote of 7% per annum. The City shall collect the unpaid balance of
any assessment on the district properties semi-annually in conjunction with the collection of
City taxes, excepting those properties for which a payment deferral has been approved. The
collection of assessments on these properties shall be in accordance ,~Sth the payment
schedule stipulated in their deferral agreement.
Future Actions
Bid results and award of the construction contract would be submitted to Council by September
1997. This item will include a public hearing where the property owners can review their
assessments based on bids and,. if they so desire, request Council to stop the district proceedings.
Pursuant to the "1911 Block Act", confn-mation of the assessments will be brought before Council
on or about July 1998, after the improvements are constructed. The construction is anticipated to
be completed by late March, 1998.
All property owners with/n this proposed assessment district of 30 parcels have been sent a cop3, of
omght s C~ty Counml agenda statement and attachments.
Page 6, Item,
Meeting Date 7/22/97
FISCAL I-MI'ACT: Th/s project was originally approved i~ the FY96/97 budget as CIP project
STL229 - Oxford Avenue Sidewalk Safety between Fourth Avenue and Fifth Avenue. The financing
for this project (Project total of $500,000) is being funded through Tranqportafion Development
CI'DA) funds ($141,500) mad Gas Tax funds ($358,500). Assessment district proceedings will allow
for the property owners w~thin this district to participate in contributing $31,858 towards the costs
of the construction, preliminarily estimated at $361,858. The estimated property owner's share will
be reimbursed with 7% interest over a period of 10 years.
Exhibits: A - Resolutions # 18663 & 18664
B - Boundary Map
C - Estimated Assessments
D - Ballot Summary
E - Council Policy # 505-01
F - Description of Payment Alternatives
FILE: 0725-10-AD~7-01Jul.v 16, 1997 (42pm)
RESOLUTION NO. 18795
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROPRIATING FUNDS, ACCEPTING BIDS AND
AWARDING CONTRACT FOR THE CONSTRUCTION OF
"OXFORD STREET IMPROVEMENTS FROM FOURTH AVENUE
TO FIFTH AVENUE IN 'TFIE CITY OF CHULA VISTA, CA.
(STL229)"
WHEREAS, at 2:00 p.m. on September 17, 1997, in Conference Room 2 in the Public
Services Building, the Director of Public Works received the following four bids for the
construction of "Oxford Street Improvements from Fourth Avenue to Fifth Avenue in the City
of Chula Vista, CA (STL229)":
Contractor Base Bid
Amount
1. MJC Construction - Chula Vista, CA $328,708.00
2. Frank & Son Paving - Chula Vista, CA 360,081.83
3. Single Eagle, Inc.- Poway, CA 436,293.00
4. Scheidel Contracting & Engineering - La 479,858.00
Mesa, CA
WHEREAS, the Iow bid (base bid) by MJC Construction is below the Engineer's
estimate of $369,940.00 by $41,232.00 or 11.2%; and
WHEREAS, staff has reviewed the lowest bidder's qualifications and references and
found them satisfactory and therefore recommends that the contract be awarded to MJC
Construction; and
WHEREAS, the Environmental Review Coordinator has reviewed the work involved in
this project and has determined that this project is categorically exempt under Class 1,
Section 15301 (c) of the California Environmental Quality Act; and
WHEREAS, the primary source of funding for this project is Gas Tax funds, with
additional funding from Transportation Development Act Funds (TDA) and Transportation
Partnership Funds (TPF).
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does
hereby accept the four bids and award the contract for the construction of "Oxford Street
Improvements from Fourth Avenue to Fifth Avenue in the City of Chula Vista" to the lowest
bidder, MJC Construction, in the amount of $328,708.00. Said contract to be filed in the
Office of the City Clerk and known as Document No. C097-177.
BE IT FURTHER RESOLVED that the City Council does hereby appropriate $22,278 ·
from the unappropriated balance of Transportation Partnership Fund (TPF) No. 253 and
Resolution 18795
Page 2
authorize a $44,000 loan from the Trunk Sewer Capital Reserve Fund No. 222 to be
reimbursed to the City over a period of ten years at 7% interest, through the administration
of Assessment District 97-01.
Presented by Approved as to form by
John P~' L~ppitt ¢ ' ,J~h,R/M. Kaheny
PublicSNorks Director . ~ Attorney
Resolution 18795
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 28th day of October, 1997, by the following vote:
AYES: Counoilmembers: Moot, Padilla, Rindone, Salas, and Horton
NAYES: Councilmembers: ' None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
Shirley 'Ho(to~, Mayor
ATTEST:
Beverly A~Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that
the foregoing Resolution No. 18795 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 28th day of October,
1997.
Executed this 28th day of October, 1997
Beverly A./Authelet, City Clerk
/O
COUNCIL :6. GENDA STATEMENT
Item //
Meeting Date 10/28/97
ITEM TITLE: Resolution /$~q~Appropriating funds, accepting bids and awarding
contract for the construction of "Oxford Street Improvements from Fourth
Avenue to Fifth Avenue in the City of Chula. Vista, CA (STL229)"
SUBS~ITTED BY: Director of Public Work~,~./4~
REX,~W~WED BY: City Manager (4/Sths Vote: Yes X No
At 2:00 p.m. on September t7, 1997, in Conference Room 2 in the Public Services Building, the
Director of Public Works received sealed bids for the construction of "Oxford Street Improvements
from Fourth Avenue to Fifth Avenue in the City of Chula Vista, CA (STL229)'. The general scope of
the project involves the reconstruction of the existing pavement and the installation of curb, gutter and
sidewalk improvements along both sides of Oxford Street between Fourth Avenue and Fifth Avenue.
The work to be done includes removal and disposal of existing improvements, excavation and grading,
installation of asphalt concrete pavement, crushed ag~egate base, cold planing, pedestrian ramps, 6urb
and gutter, sidewall driveways, curb inlet, storm drain pipes, sewer laterals, street lighting, traffic signal
modifications, new mailboxes, adjustment of sewer manholes, pavement striping and signing and other
miscellaneous items of work as shown on the plans.
RECOM/VlENDATION: That Council:
1. Approve the resolution appropriating $22,278 from the unappropriated balance of Transportation
Parmership Fund (TPF) No. 253 and authorizing a $44,000 loan from the Trunk Sewer Capital
Reserve Fund No. 222..
2. Approve the resolution accepting bids and awarding contract for the construction of Oxford
Street Improvements from Fourth Avenue to Fifth Avenue in the City of Chuta Vista, CA
(STL229) to MJC Construction in the amount of $328,708.00
BOA-RDS/COM~IISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
This project was originally funded during the FY 96-97 Capital Improvement Program (CIP) budget
process. The project was funded to improve pedestrian access, circulation, and alleviate a local draina_oe
problem at mid-block. It is also part of the overall sidewalk safely program which provides for t~e
construction of sidewalk facilities in the Montgomery area. As orizinalty budgeted, in the FY 96-97
Capital Improvement Program (CIP STL229), the City proposed to-build sidewalks on the north side
of O 'xford Street only to provide a safe walkway for the children in the area. Funds for this project were
obtained from the Transportation Development Act (TDA) through the San Diego Association of
Governments (SA_\rDAG). However, since the TDA funds will only pay for the sidewalk and not related
items such as curb and gutter, additional Ci~ Gas Tax funding was included. Staff met with the ..
prope,Wy owners in the area and briefed them on the status of the funding for the project, and a majority
Page 2, Item _ //
Meeting Date 10/28/97
of those present indicated an interest in making up the difference necessary, to construct full
improvements on that street.
On April 22, 1997 by Resolution 18645 (Exhibit A), Council approved a petition for the formation of
the assessment district (Assessment District 97-01), 1911 Block Act for the construction of the street
improvements. Subsequently, on May 13, 1997, Council adopted Resolution No. 18663 (Exhibit B),
approving the-boundary map for AD97-01. At the same meeting, Council also approved Resolution of
Intention No. 18664 (Exhibit B) ordering the installation of the street improvements on Oxford Street
from Fourth Avenue to Fifth Avenue pursuant to the Improvement Act of 1911 (also known as the 1911
Block Act) and setting the public hearings for July 15 and 22, 1997. On July 11, 1997, Council adopted
Resolution 18740 (Exhibit C) making findings of public hearing pursuant to Chapter 27 of the
"Improvement Act of 1911 ." The adoption of that resolution also authorized staffto proceed with the
construction schedule since none of the property owners have commenced the construction of their
portion of the improvements after the expiration of the 60 days from the date of notification allowed
under the Act, for property owners within a district to do so.
The project was advertised for bids on August 23, 1997 for a period of four weeks and plans were
purchased by 14 contractors. Bids were received from four contractors as follows:
Contractor Base Bid Amount
I. MJC Construction - Chula Vista, CA $328,708.00
2. Frank & Son Paving - Chula Vista, CA 360,081.83
3. Single Eagle, Inc.- Poway, CA 436,293.00
4. Scheidel Contracting & Engineering - La Mesa, CA 479,858.00
The low bid (base bid) by MJC Construction is below the Engineer's estimate of $369,9.40.00 bv
$41,232.00 or 11.2%. Staffreceived excellent bids for the proposed work. The Engineer'r estimate wa~s
based on bids received for similar projects in the last several bids. The difference between the base bid
and the total bid represents the cost of constructing the retaining walls, requested by some property
o~mers. They have elected to pay for the walls in addition to their original assessment.
Staff has reviewed the low bidder's qualifications and references and found them satisfactory. We,
therefore, recommend that the contract be awarded to MJC Construction.
Disclosure Statement
Attached is a cop>' of the Contractor's Disclosure Statement (Exhibit D).
Environmental Statues
The Environmental Review Coordinator has reviewed the work involved in this project and has
determined that this project is categorically exempt under Class 1, Section 15301 (c) of the California
Environmental Quali~ Act.
Page 3, Item //
Meeting Date 10/28/97
Prevailing ~,Va,oe Statement
The primary source of funding for this project is Gas Tax funds, with additional funding from
Transportation Development Act Funds (TDA), Transportation Partnership Funds (TPF), and Trunk
Sewer Capital Reserve Funds. Contractors bidding this project were not required to pay prevailing
wages to persons employed by them for the work under this contract. No special minority or women
business owned requirements were necessary as part of the bid documents. Disadvantaged businesses
were encouraged to bid through the sending of the Notice of Contractors to various minority trade
pu. blications.
Assessment District
This project is partially funded through Assessment District 97-01 approved by Council on April 22,
1997, by Resolution 18645 (Exhibit A). The property owners within this district were informed of the
engineer's estimate and their indMdual costs are 'known to them. Although the contractor's bid is below
the engineer's estimate, the contractor's bid for the particular items of work being paid for by the
property o~xmers is about the same as the engineer's estimate. The property owners' cost will be
approximately that amount in their ballot or lower. It is estimated that the total reimbursement to the
Ci~' from the assessment district will be about $44,000 ($33,000 in concrete improvements and $11,000
in sewer improvements). The contract bid document had an item for some retaining walls, which could
be installed if requested by affected property owners. The amount of $27,000 will not be used, since
the property o~mers no longer desire the walls. The contract specifications for this project was drafted
in a manner that allows the City to delete that item of work if the property owners decide not to proceed
with the construction of the wails.
FISC.&L IMPACT:
Funds Required for Construction
A. Contract Amount (Grand TotaI Bid Amount) $328,708.00
B. Contingencies(approx 10%) 32,870.00
C. Water Facilities Relocations (payment to Sweetwater AuthoriB,) 60,000.00
D. Materials and Lab Testing 2,000.00
E. StaffCosts (Construction Inspection, Traffic Inspection, Assessment 30,000.00
District Formation, Construction Surveying and Design)
Total Funds Required for Construction $453,578.00
Funds Available for Construction
A. Oxford Street Improvement (STL229) $387,300.00
B. Additional Appropriation from Transportation Partnership Funds (TPF) 22,278.00
C. Appropriation of Loan from Unappropriated Balance of Trunk Sewer 44,000.00
Capital Resen,e Fund
Total Funds Available for Construction I $453,578.00
/7
Page 4, Item //
Meeting Date 10/28/9'7
Funding for this project was budgeted in the FY 96-97 CIP budget process as identified above. The
project as budgeted will utilize Gas Tax funds and Transportation Development Act (TDA) Funds with
an additional appropriation from the unappropriated balance of Transportation Parmership (TPF) Funds
and a loan from the Trunk Sewer Capital Reserve Fund. Prior to advertising this project for bids,
engineering design staffdetermined that additional funds in the amount of $140,000 would be required
to complete the project. The additional funding was required because the City's share of the cost of
wa. ret facilities relocation, which is split equally with Sweem'ater Authority was much more than
originally anticipated and budgeted. Another factor that increased the cost was the cost of the additional
work requested by some of the property owners (i.e., sewer lateral installation) which were not part of
the original scope of work, but is now being financed through the Assessment District. However, the
City needs to front these costs to be paid back over time. The estimated costs for these items is $11,000
out of the $44,000 to be reimbursed by the property owners. The loan from the Trunk Sewer Capital
Reserves for the full amount of the costs estimated to be repaid by the property owners. Staff identified
the source for additional funding for the project, but since we hoped to get bids better than the engineer's
estimate, decided to proceed with advertising the project, getting an exact bid from a contractor and
determining the amount to be appropriated after receipt of bids. Based on the bids received, the amount
to be appropriated was reduced to $66,278. The City will be reimbursed for about $44,000 over a period
of l 0 years at 7.00% interest, through the administration of Assessment District 97-01. The award of
this contract will authorize the expenditure of funds from the STL229 Project Account. Upon completion
of the project, ail funds not utilized will be reimbursed either to the Transportation Partnership Fund
if it is not an item to be reimbursed by the property owner or to the Trunk Sewer Capital Reserve Fund
if the savings is from reimbursable work not done such as deletion of some of the retaining walls.. The
project will require only routine City maintenance, mainly sweeping, upon completion.
Exhibit: A - Resolution No. 18645 B - Resolution Nos. 18663 and 18664
C - Resolution No. 18740
D - Contractor's Disclosure Statement
File f-0735-10-STL229 & 0725-10-AD97-01
January 4, 2000
File: 0735-10-STL229
TO: David D. Rowland% Jr., City Managcx
VIA: John P. Lippitt, Director of Public Works
Clifford Swanson, D~puty DireCtOr Public Works/City Engineer
FROM: Kirk Amraernmn, Civil Enginc~-
Shmma Stokes, Admln~'mttive Services Manager//ff~'
SUBJECT: Oxford Stn~ Improwments between Fourth and Fifth Avenues
On October 28,--1997, the City Council, by Resolution No. 18795, awarded the contract for the
Oxford S~eet Improvements between Fomth and Fifth Avenues to MJC Construction. The mount
of the contract was $32g,705.00 plns $32,670.00 £or contingencies. The workis now completed.
In accordance with City Council Resolution No. 16034 adopted on January 22, 1991, your office is
authorized to acknowledge the completion of Public Works projects and to make minor flI~ali~ing
budget appropriations (not to exceed 10% of the conlract price to a mawimum of $20,000). We
therefore request that you:
A) Acknowledge completion of the project (please return to our office signed memo of
acknowledgment, attached).
B) Notify the City Council of the completion of the project (please forward attached memo).
. The final construction cost for the project amounted to $385,696.57, of which $328,708.00 was for
the origi~ml contract, $5,365.00 was for adjustments to contract quantities ($334,073.00 total for
contract items), $3,893.23 was for change orders, $47~217.84 was for water relocation expenses and
$512.50 was for soil testing. In addition, $176,452.58 was for staff'time (as of 6/30/99), for a total
cost of $562,149.15. It should be noted that $566,278.00 was appropriated for thi~ project.
This project was partially funded via an assessment districl~ After acceptance of the improvements
by the City, the expenditures will be apportioned to the property owners and an agenda item will
be subrdtted to Council to set the public hearing for levying the assessment.
Attachments
c: Dolly Hicks
c: Kirk P2 Ammerman, Civil Engineer
/¢
MEMORANDUM
3anuaD.'lg. 1999
File: 0735-10-$TL229
TO: Honorable Mayor and City Council
FROM: Daxfid D. Rowlands, Jr., City Manager
SUBJECT: Oxfford Street Improvements between Fourth and Fifth Avenues
This is to inform you that in .accordance with City Council Resolution No. 16034 adopted on January
22, 1991, this office has aclmowledged completion of the Oxford SU'eet Improvements fi-om Fourth
Avenue To Fifth Avenue Project.
This project was awarded on October 28, 1997 by Council Resolution No. 18795 to MJC
Consu'uction. The project installed full street improvements consisting of curbs, gutxers, sidewalks,
and pavement along Oxford Street between Fourth and Fifth Avenues. The final construction cost
for the project mounted to $385,696.57. The City spent $328,708.00 for the original contract,
$5,365.00 for adjnsmaents to contract quantities ($334,073.00 total for contract item~), 53893.23 for
change orders, $47,217.84 for water relocation expenses $512.50 for soft testing, and $176,452.58
for stafftime (as of 6/30/99), for a total cost of $562,149.15.
This project was partially funded via an assessment district. Upon staffs acceptance of the
improvements, Council will consider an agenda item regarding the assessment district.
Attached is a complete Financial Statement for the project. It should be noted tha, $566,278.00 was
appropriated i'or this project.
c: Dolly Hicks
Jmauary 4, 2000
File: 0735-10~STL229
TO: John Lippitt, Director of Public Works
FROM: Dav/d D. Rowlands, Jr., City Manager
SUBJECT: Oxford Street Improvements, between Fourth and Fifth Avenues
This is to inform you that this office has aclmowledged completion of the subject project on the date
shown below. You may now aclmowledge acceptance of~hi~ project.
Daxfid D. Rowlands, Jr. --Date
CiD, Manager
cc: Dolly Hicks
Bill Ullrich
Michael Meacham
Nancy Ross
January 4. 2000
File: 0735-I 0-STL229
FINANCIAL STATEMENT
Oxford Street Improvements, Between Fourth and Fifth Avenues
I. Appropriated Funds
Total I ............. $566,278.00
II. Contract Amount as Awarded on Council Agenda Slatement
a) Award Amount $328,708.00
b) Contingencies $ 32.670.00
Total II ............ $361,378.00
III. Actual Ex~pen6.imres
Construction:
a) Corm-act work (MJC Construction)
1) Ori~nal Contract $328,708.00
2) Adjustments to Contract Quantifies $ 5.365.00
Adjusted Contract Amount ..................... $334,073.00
3) Change Orders $ 3.893.23
Total Paid to Conlxac'tor ........................ $337,966.23
b) Other Expenses
6) City's share of Relocation Costs of Water M~in/Laterals
(To Sweetwater Authority) $ 47,217.84
7) Testing Expense (Soils) $ 512.50
Other Expenses Total .......................... $ 47.730.34
Construction Cost Subtotal .................... $385,696.57
c) Staff Costs $176.452.58
Inception to 6/30/99 (latest available report)
Total III ............ $562,149.15
P~ES0 ~ 18795.
R~ORDINGREoU~DBY ~d eT-/~
AUG i?, 1998 10:49
WHEN RSCOBDED MAIL TO: ~ ~
City of ghula Vista ~ ~ ~ ~'S
276 FDu~h Avenue ~
NOTICE OF COMPL ION '" -
Z The~E~DW~ The City of Chula
3. ~~S~OWN~R~ 276 Fou~h Avemue. Chula Vis~. CA 9191D
5. The FU~ NA~ and ~ ~DRESSES ~ ~ ~SONS, ~ any, WHO HO~ SUCH IN i=~ Dr E~A~ ~ the ~de~ign~
~ JOIN7 ~NA~S or ~ ~N~ IN CDMMON are:
NDNE
The tull names and ~ acldresses Df ~he predecessors in interest ~f
~%e :m~men:ememt Df 1he w~rk Df improvement herein referred
_ NAMES ADDRESSES
NDNE
7. Aw~,'kofimprovememonthepmp~rlyhereinaAerdes=ribedwasCOMPL=t-_.D ~)uly 24, !998
8. The ~ ~impmv~em ~mplmed ~ d~d ~ iolto~: Oxford Street Improvements - Fourth
Avenue to Fifth Avenue
9. ~e ~E OF ~E ORtGIN~ CO~OR, ~ any, ~r su~ wo~ of imp~e~ ~ MJC Cons tructi on
10. ~e~ ~d~ ~d~m~ ~
11. ~ p~ on ~ s~d work of impmvemem w~ comped ~ in ~e C~ ~ CHU~ VISTA
Cou~ ~ SAN DI EG0 , ~te Df C~mi~ and is d~cfi~d ~ foli~
/0
ENGINEER'S
REPORT
ASSESSMENT
DISTRICT 97-1
Oxford Street Improvements
from Fourth Avenue to Fifth Avenue
~ ~' No.
March 8, 2000
On April 22, 1997 by Resolution No. 18645 the Chula Vista City Council accepted a petition signed
by the affected property owners to form a special assessment district per the 1911 Block Act for the
construction of street improvements on Oxford Street between Fourth Avenue and Fifth Avenue.
The street improvements included widening the existing street to Class II Collector standards and
construction of pedestrian ramps, curbs, gutters, sidewalks, driveways, traffic signal modifications,
roadway striping and miscellaneous appurtenant structures.
Funding for this project was originally obtained from the Transportation Development Act (TDA)
and from the gas tax. The original project was to include asphaltic concrete (AC) sidewalks on only
the north side of the street. Staff proposed that Portland Cement Concrete (PCC) sidewalks be
constructed on both sides of the street. The assessment district would fund the difference in cost
between the construction of AC sidewalk on one side of the street and PCC curb, gutter and
sidewalk and driveway aprons on both sides of the street. This amount was estimated to be $31,858.
A balloting process was conducted in June 1997 in accordance with Proposition 218, which
apportioned the $31,858 among the property owners based on front footage on Oxford Street. A
weighted vote of 88.52% (based on financial responsibility) supported the formation of the
assessment district.
The original project estimate, which was performed on March 23, 1995, assumed that an AC
sidewalk would be constructed on only one side of the street and included the following items which
related to the assessment district:
TABLE 1
COST ESTIMATE FOR AC SIDEWALK AND RELATED WORK
Bid Item I Quantity I Unit Price I Total Cost
5-foot wide AC Sidewalk 800 LF $15.00/LF $12,000
Pedestrian Ramps 3 EA $1,100 EA $3,300
PCC Driveways 1,500 SF $5.00/SF $7,500
Curb and Gutter 800 LF $12.00/LF $9,600
AC Berm 400 LF $7.00/LF $2,800
TOTAL $35,200
Note that there are other cost items which would relate to the sidewalk area, such as removal of
existing improvements and grading. These are not being included for the comparison because: 1)
The bid items in the contract were done on a lump sum basis and included areas outside the
boundaries of the sidewalk, therefore making them not directly comparable; and 2) The use of PCC
2
sidewalk vs. AC sidewalk would not be relevant in determining the cost for these items.
The above items were part of an estimate which assumed a total budget of $310,000, with a
construction contract cost of $222,000. The revised estimate, performed in December 1995, used
an estimated contract amount of $343,068, a total contruction amount of $405,500, and a total
project cost of $500,000. In addition to the PCC sidewalk, this estimate included additional
roadwork, traffic signal and utility relocation costs not in the original estimate.
The construction contract was awarded to MJC Construction in the amount of $328,708 plus $32,670
in contingencies on October 28, 1997 by Resolution # 18795. The final financial audit for this
project is shown in Table 2, Financial Statement, finalized in January 2000. As shown in the Table,
the total amount paid to the contractor for this project was $337,966.23. However, the total
construction cost was $385,696.57 due to the cost to relocate water mains and laterals. The total
project cost was increased to $562,149.15 due to the high cost of design and construction (by City
staff) on this project. The increased water line relocation costs and City staff costs does not affect
the assessment district, since these kinds of costs are paid by the City in accordance with the City's
policy on participating in 1911 Block Act Assessment Districts, No. 505-01.
The last progress report prepared by the construction contractor for this project is included as Table
3, Monthly Progress estimate dated September 10, 1998. The following items (no. 6 through 10)
should be used for comparison with the original estimate relating to AC sidewalks:
TABLE 4
COST SUMMARY FOR PCC SIDEWALK AND RELATED ITEMS
Bid Item I Quantity I Unit Price ] Total Cost
6" PCC Type G Curb and Gutter 1,164.50 LF $12.00/LF $13,974.00
4" PCC Sidewalk and Slabwork 9,796 SF $2.25/SF $22,041.00
6" PCC Driveway Approach 13,280.75 SF $3.25/SF $43,162.44
Pedestrian Ramp Type A 2 EA $975.00/EA $1,950.00
Asphalt Concrete Pedestrian Ramp 2 EA $400.00/EA $800.00
TOTAL $81,927.44
The difference between the total actual cost of $81,927.44 related to the construction of curb, gutter
and sidewalk and the estimated cost of $35,200 for constructing the asphaltic concrete sidewalk
originally included in this project is $46,727.44. This is somewhat higher than the original estimated
difference of $31,858. It is recommended that each property owner be assessed for the lesser of the
3
TABLE 2
FINANCIAL STATEMENT
Oxford Street Improvements, Between Fourth and Fifth Avenues
I. Appropriated Funds
Total I ............. $566,278.00
II. Contract Amount as Awarded on Council Agenda Statement
a) Award Amount $328,708.00
b) Contingencies $ 32.670.00
Total II ............ $361,378.00
III. Actual Expenditures
Constmction:
a) Contract work (MJC Construction)
1) Original Contract $328,708.00
2) Adjustments to Contract Quantities $ 5.365.00
Adjusted Contract Amount ..................... $334,073.00
3) Change Orders
Total Paid to Contractor ........................ $337,966.23
b) Other Expenses
6) City's share of Relocation Costs of Water Main/Laterals
(To Sweetwater Authority). $ 47,217.84
7) Testing Expense (Soils)
Other Expenses Total .......................... $ 47.730.34
Construction Cost Subtotal .................... $385,696.57
c) Staff Costs
Inception to 6/30/99 (latest available report)
Total III ............ $562,149.15
amount on the June 1997 ballot or their share of the cost difference, with the amounts on individual
ballots as a maximum. This course of action is recommended because the difference ($14,869.44)
is a relatively minor amount for the City to absorb compared to the total project cost of $562,149.17
and because going through the balloting process again would probably be controversial and have an
uncertain outcome.
One additional item which needs to be addressed is the sewer lateral cost, which totals $21,630. Out
of the total 309 linear feet (LF) of laterals, 57 LF (or $3990) was required to replace existing laterals,
while 252 LF ($17,640) was expended to provide laterals for properties without sewer service.
During the design process City staff proposed that the cost of new sewer laterals for properties
without sewer service be included with the assessment district payments. However, the cost of these
laterals was not included in the amounts on the ballots, and no written agreement was entered into
with any of the property owners. Therefore, the cost of the five laterals (on four parcels) cannot be
included in the District. It is recommended that this cost be recovered through the customary sewer
lateral fee charged at the time that a building permit or plumbing permit is obtained.
Based on the purpose of this assessment district, it is recommended that the cost be distributed
among all property owners based on the front footage of the property owners on Oxford Street. The
improvements provided by this project are along the frontage of these properties along Oxford Street.
It would not seem equitable to assess properties with improvements included in Table 1 at a lower
rate than residents which were not scheduled for improvements according to the original design.
Since it can be argued that each resident will benefit by the improvements provided by the entire
project (street widening and repaving; curbs, gutters and sidewalks; driveway aprons) based on the
length of the property facing Oxford Street, this method of apportionment is recommended.
The apportionment rate was derived by by dividing the total linear footage of full improvements
(1913.7 linear feet) into $46,727.44. This results in a rate of $24.4173 per linear foot. The resulting
amount associated with each property is shown in Table 5 for the parcels indicated on Exhibit A.
Each property has only been assessed for the length of full improvements, not necessarily for the
width of the lot. This is particularly relevant for comer properties. These figures are given in the
column labelled "Total Cost". This column was then compared to the amounts included on the
ballots, as shown in the column, "Ballot Assmt Total".
Each property owner will be assessed for a value which represents the lower of the two columns.
This value is shown in the column labelled "Actual Assessment". For most properties the amount
shown on the ballot was the lower of the two. However, for three properties the amount in the "Total
Cost" column was lower. The total assessment to properties was therefore reduced from $31,858
to $30,809.
Two additional columns have been included to provide information on new sewer laterals installed
as part of the Capital Improvement Project. The length of each sewer lateral is shown in the "Sewer
Lateral" column. Note that "N/A" is indicated under the entries for 459 and 465 Oxford Street. In
these situations, existing laterals which were damaged or interfered with the new improvements
4
needed to be replaced. These property owners should not be held responsible for financing the cost
of these laterals. The other laterals serve properties that did not previously have sewer service. As
previously stated, the cost of these laterals cannot be recovered through the assessment district. Most
of these expenditures can be recovered through the collection of sewer connection fees. The charge
for lateral installation is currently $3,015 plus an additional $86 per foot where distance to the
property line is greater than 35 feet.
(A:ENGRSRPT.EMC)
3/
RESOLUTION NO. 17980
RESOLUTION OF THE CITY COUNCIL OF. ~HF ,,~I'~Y .OF CHULA
VISTA APPROVING THE DEFERRAL 'OF '~;,i~- -"r: ~-
~ .- PAYM_N..OF
ASSESSMENTS, ESTABLISHING THE CRFI'~.r~iA TO QUALIFY
FOR DEFERRAL, AND AUTHOR Z NG T-IE MA'~'£,~ TO SIGN 'FHE
~ ,, DEFERRAL AGREEMENTS FOR ASSESSMENT- DIS'£RICT NO. 93-
01
WHEREAS, the proposed improvements for the construction"of alley
improvements from J Street to Kearney Street between Elm Avenue and'Second Avenue are
being financed through the formation of Assessment District No. 93-01 (AD 93-01) pursuant
to the 1911 Block Act; and
WHEREAS, the Act is a financing mechanism which authorizes,local agencies
to impose assessments on benefited property to fund the construction of public
improvements; and
WHEREAS, at a public hearing held on May 25, 1995, Council directed staff to
bring to Council a resolution allowing the. property owners to defer the payment of their
assessments; and
WHEREAS, the property owners have the option of paying the total assessment
during the 30-day pay-off period following the confirmation of assessments, planned for the
end of 1995; and
WHEREAS, if the assessment is not paid at that time, the City shall collect the
unpaid balance in semiannual installments in conjunction with the collection of City taxes and
in accordance with the Resolution of Intention, the balance shall be paid over a period of ten
(10) years at an interest of 7% per annum; and
WHEREAS, in response to property owners concerns, Council directed staff to
identify additional alternatives that may allow the deferral of the payment of the assessments
and lessen the financial impact of the proposed assessments; and
WHEREAS, according to the provisions of Chapter 13 of the "Improvement Act
of 1911" of the Streets and Highways Code of the State of California any deferral of
assessments shall be approved by a Council Resolution; and
WHEREAS, staff recommends that the following alternatives be approved by
Council:
· Semi-annual payments (interest only) and payment of the principal at the end
of a 10-year term or at the time the property is transferred, whichever occurs
first. At the end of the 10 years Council may grant, on a case-by-case basis,
a time extension to fulfill the payment obligations.
Resolution No. 17980
Page 2
· One payment (principal and accumulated interest) at the end of a 10-year term
or at the time the property is transferred, whichever occurs first. At the end of
the 10 years Council may grant, on a case-by.case basis, a time extension to
fulfill the payment obligations.
WHEREAS, staff also recommends that Council require that property owners
shall meet one of the following Criteria ("Criteria") to qualify for deferral:
1. Have an income less than or equal to the HUD Very Low Income standards as
contained in the City's Master Fee Schedule.
2. A demonstrated financial hardship approved by Council. (For example, a senior citizen,
retired, and unable to pay the assessment.)
WHEREAS, qualifying property owners that elect a deferred payment plan shall
enter into a deferral agreement with the City upon confirmation of assessments.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby approve the Criteria for granting a deferral of the payment of assessments, and
authorizing the Mayor or City Manager in his/her discretion, to sign the deferral agreements
for Assessment District No. 93-01 upon application and proof of satisfaction of the required
Criteria.
Presented by Ap~ed~,~, as t bY
J~n P. Lip~itt ~ ' V E~ruce M. Boog~,~'~
~:)irector of Public Works City Attorney
Resolution No. 17980
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 25th day of July, 1995, by the following vote:
AYES: Councilmembers: Alevy, Moot, Padilla, Rindone, Horton
NAYES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
' ey~,/~lorton, Mayor
ATTEST:
Beverly ~. Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that
the foregoing Resolution No. 17980 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 25th day of July,
1995.
Executed this 25th day of July, 1995.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING FILING OF ENGINEER'S
REPORT BY THE CITY ENGINEER ON THE COST OF
CONSTRUCTION AND SETTING FLAY 2, 2000 AT 4:00
P.M. AS THE DATE AND TIME FOR A PUBLIC HEARING
ON ASSESSMENT DISTRICT 97-01 FOR IMPROVEMENTS
TO OXFORD STREET FROM FOURTH AVENUE TO FIFTH
AVENUE IN THE CITY OF CHULA VISTA
WHEREAS, on October 28, 1997, pursuant to the Improvement
Act of 1911, also known as the 1911 Block Act, the City Council by
Resolution No. 18759 awarded a contract in the amount of $328,708
for Oxford Street improvements from Fourth Avenue to Fifth Avenue
to MJC Construction; and
WHEREAS, the work is now completed and improvements have
been accepted by the City Manager; and
WHEREAS, a resolution must now be approved to accept
filing of the Engineer's report on the cost of construction and to
set the public hearing on the assessments; and
WHEREAS, accepting the Engineer's Report and setting a
date for public hearing on the assessments is the first step in
finalizing the project and setting the assessments.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby accept the filing of the Engineer's
Report by the City Engineer on the cost of construction as set
forth in Attachment E, a copy of which shall be kept on file in the
office of the City Clerk.
BE IT FURTHER RESOLVED that the City Council does hereby
set May 2, 2000 at 4:00 p.m. as the date and time for public
hearing on the proposed assessments for the improvements to Oxford
Street from Fourth Avenue to Fifth Avenue.
Presented by Approved as to form by
Public Works
RESOLUTION NO.
RESOLUTION OF THE CITY COUI~CIL OF THE CITY OF
CHULA VISTA APPROVING THE DEFERRAL OF
ASSESSMENTS AND ESTABLISHING CRITERIA TO
QUALIFY FOR DEFERRAL FOR ASSESSMENT DISTRICT
97-01
WHEREAS, the improvements for Assessment District 97-01
were financed by the City and AD 97-01 was formed pursuant to the
1911 Block Act to obtain reimbursement for the improvement and
other miscellaneous costs in accordance with Council Policy Number
505-01; and
WHEREAS, the Act is a financing mechanism which
authorizes local agencies to impose assessments on benefitting
properties to fund the construction of public improvements; and
WHEREAS, the property owners have an option of paying
local assessments during the 30 day pay-off period following
confirmation of assessments and if the assessments are not paid
during that time or are deferred, the City will collect the unpaid
balance in semiannual installments over a period of ten (10) years
at an interest rate of 7% per annum; and
WHEREAS, property owners may pay the balance of their
assessments at any time during the ten year repayment period
without penalty; and
WHEREAS, in response to property owner's concerns, staff
prepared three payment alternatives which were presented to Council
on July 15 and July 22, 1997:
Alternative 1 is the standard plan most property owners
use to spread payments over 10 years at 7 percent
interest.
Alternative 2 provides for semi-annual payments of
interest only over 10 years, with the principal due at
the end of 10 years or when the property changes
ownership.
Alternative 3 provides for one balloon payment of both
principal and interest at the end of 10 years or upon
change of ownership.
WHEREAS, it is recommended that Alternatives 2 and 3 be
offered only to property owners meeting the criteria set forth
below; and
1
WHEREAS, if approved, staff will receive and review
deferral applications during May 2000 and if any property owner
within the district meets one of the financial criteria, an
Alternative 2 or 3 deferral agreement will be prepared and brought
before City Council for approval; and
WHEREAS, in accordance with the provisions of Chapter 13
of the Improvement Act of 1911 of the Streets and Highways Code of
the State of California, any deferral of assessments shall be
approved by a Council Resolution.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby approve the deferral of assessments
for Assessment District 97-01 for improvements to Oxford Street
from Fourth Avenue to Fifth Avenue in the City of Chula Vista.
BE IT FURTHER RESOLVED that the City Council does hereby
establish the following criteria to qualify for an Alternative 2 or
3 deferral:
1. An income less than or equal to the HUD Very Low
Income Standards as contained in the City's Master
Fee Schedule; or
2. A demonstrated financial hardship approved by
Council (For example, a senior citizen, retired,
and unable to pay the assessment).
Presented by Approved as to form by
John P. Lippitt, Director of Jol~. Kaheny, Ci~'y Attorney
Public Works
H: \home \at t orney\ re$o \AD9701. eng
NOTICE OF PUBLIC HEARING BY THE CITY COUNCIL
OF THE CITY OF CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL of the City of
Chula Vista, CA., in the City Council Chambers located in the Public Services Building, Chula Vista Civic Center, :276
Fourth Avenue, for the purpose of considering an amendment to the Eastlake Business Center Community Design
Guidelines.
HEARING DATE/TIME: March 21, 2000, 6:00 p.m.
CASE NAME: Amendment to EastLake I Business Center II Design Guidelines Section IV.2A
APPLICANT: The City of Chula Vista
SITE ADDRESS: The proposed project involves 108 acres on the north side of Otay Lakes Road between Hunte
Parkway and Lane Avenue within the EastLake planned community.
PROJECT DESCRIPTION: The project consists of amending the EastLake Business Center Community Design
Guidelines.
ENVIRONMENTAL STATUS: City Council previously adopted Mitigated Negative Declaration IS-00-03 for the
requested amendments.
Any written comments or petitions to be submitted to the City Council must be received in the Community Development
Department no later than noon on the date of the hearing. Please direct any questions or comments to Brian Hunter in the
Community Development Department, Chula Vista Civic Center, 276 Fourth Avenue, Chula Vista, CA. 91910, or by calling
691-5016. Please reference case name noted above in all correspondence.
If you wish to challenge the City's action on this application in court, you may be limited to raising only those issues you or
someone else raised at the public hearings, or in written correspondence delivered to the City Council at or prior to the
public hearing described in this notice. A copy of the accompanying documentation and/or plans are on file and available
for inspection and review at the City's Community Development Department.
COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT (ADA)
The City of Chula Vista, in complying with the American With Disabilities Act, requests individuals who require
special accommodation to access, attend and/or participate in a City meeting, activity or service request such
accommodation at least 48 hours in advance, for meetings, and 5 days for scheduled services and activities. Please
contact the City Clerk's Office for specific information at (619) 691-5041. Service for the hearing impaired is
available at 585-5647 (TDD).
March 8, 2000
VIA FAX - 426-6346
Star News
Legal Department
835 Third Avenue
ChulaVista, CA 91910
RE: NOTICE OF PIUBLIC HEARING BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA
Please publish this document on Saturday, March11, 2000 and fax a proof of
publication notice to 476-5310.
Please send the invoice to the Community Development Department, City of Chula
Vista, 276 Fourth A, venue, Chula Vista, CA 91910, Attention: Ben Guerrero.
If you have any questions, please call me at 691-5290.
Thank you.
Judi Bel[~
H;\HOME\JUDtB\STARNEWS March 8, 2000
date of the hearing. Please
NOTICE OF PUBLIC direct any questions or
comments to Brian Hunter
HEARING BY TNE CITY In the Community Develop-
~ COUNClL OF THE CITY OF ment Department, Chula
: / .' -: . CHULAVISTA, Vista Civic Center, 276
.... · ~- - '" CALIFORNIA
Fourth Avenue, Chula Vista,
NOTICE l$ HEREBY GIVEN California 91910, or by cai-
THAT A PUBLIC HEARING ling 691-5106. Please ref-
: WILL BE HELD BY THE ere~ame noted
CITY COUNCIL of the City above in all correspon~
of Chula Vista CA, in City dence.
Counc Chambers in the
Public Services' Building, If you wish to challenge
the City's action on this
Chula Vista Civic Center, matter in court, youmaybe
276 Fourth Avenue, for the limited to rinsing only
purpose of considering an
those issues you or some- .
amendment to the Eastlake one else raised at the pub-
Business Center Commu- lic hearing described in this
nity Design Guidelines, notice, or in written cot-
HEARING DATE/TIME:
March 21, 2000, 6:00 p.m. the City Council at or prior /.
CASE NAME: Amend- to the public hearing des-
cribed in this notice. A copy
ness Center II Design of the accompanying doc-
Guidelines Section ,V,2A Umentation and/or plans ~,,~ ~
APPLICANT: The City o~'
Chula Vista are on file and available for ~'/~..
SITE ADDRESs: The inspection and review at
proposed project involves th? City's Community De-
velopment Department.
108 acres on the north side COMPLIANCE WITH -.-
of Otay Lakes Road be-
AMERICANS WITH
tween Hunte Parkway and DISABILITIES ACT {ADA/
..... ' '"' Lane Avenue within the The Ci~' of Chub Vista, n
' EastLake planned commu- complying wth the Ameri-
PROJECT DESCRIp. cans with Disabilities Act,
TION: The project consists requests individuals who
require special aecommo-
of amending lhe EastLake dation tO access, atlend
Business Center Commu- and/or participate in a City
nity Design Guidelines. meeting, activily or service
ENVIRONMENTAL STA-
request such accommoda-
TUB: City Council previous- finn at least 48 hours in ad-
ly adopted MitigatedNega. vance for meetings and 5
tire Declaration IS-00-03 days for scheduled ser-
for the requested amend- vices and activities. Please
merits,
Any written comments or ~]~tac.t the City Clerk's
petitions to be submitted to rce tot specific informa-
tion at (619) 691-5041.
the City Council must be Service for the hearing ira-
received in the Community paired is available at 585-
Development Department 5647 (TDD).
no later than noon on the OV13699 ;3/11/00
COUNCIL AGENDA STATEMENT
Item:
Meeting Date: March 21. 2000
ITEM TITLE: Resolution waiving the City's Formal Bidding Process and
approving an agreement between the City o£ Chula Vista, the EastLake
~ompany (Applicant) and Regional Environmental Consultants (RECON)
for consulting services for the preparation and submittal of CEQA
r~:quired environmental documents for EastLake III Replanning and
al~thorizing the Mayor to execute said agreement.
SUBMITTED BY: D ~irector of Planning Building
REVIEWED BY: Gity Manager ~ (4/Sths Vote: Yes , No X )
The EastLake Company is currently processing the EastLake III Replanning Program consisting
of a General Plan Amendment, an amendment to the General Development Plan, a new SPA
Plan and associated reg¢latory documents. An EIR must be prepared for the project. This report
requests that City Counci! waive the bidding process and approve the proposed contract with
RECON for $343,452.90 (which includes up to $50,000.00 for Time and Materials) to provide
consultant services for the preparation of the CEQA required environmental documents.
RECOMMENDATION: That the City Council approve the resolution waiving the bidding
process and authorize the Mayor to execute the Three-Party Agreement between the City of
Chula Vista, the EastLake Company (Applicant) and Regional Environmental Consultants
(RECON) for the prepa~cation and submittal of CEQA required documents.
BOARDS/COMMISS iONS RECOMMENDATION: N/A
DISCUSSION:
The property consists o !three areas being planned by the EastLake Company known generally as
EastLake III which incl ades: 1) the Vistas, which includes the Olympic Training Center Village
Center, 2) the Woods, and 3) the university site. These sites are situated along the western bank
of the Lower and Uppler Otay Lakes. EastLake III, including the existing 150-acre Olympic
Training Center, coversI approximately 953 acres.
The Vistas are located~ast of Salt Creek between Olympic Parkway and Otay Lakes Road and
total approximately 35{~ acres. The Vistas propose development intensities ranging from Low (3
du/ac) to High (up to 27+ du/ac) residential, retail commercial, tourist commercial and
community purpose facility land uses.
//
Page 2, Item: [ ]
Meeting Date: March 21. 2000
The Woods portion, wfiich consists of approximately 409 acres, is located north of Otay Lakes
Road from the Busines~ Center II at the west, to Salt Creek Ranch in thc north and Upper Otay
Lake to the east. DevelOpment proposed for the Woods includes residential, Low (up to 3 du/ac)
and Low-Medium (3-6 ~tu/ac), two school sites, a park and a fire station.
The university site port~on is located on the western bank of the Lower Otay Lake, south of the
existing Olympic Trai~ng Center. It is approximately 45 acres and is proposed as the
easternmost parcel of tt{e area currently being pursued by the City for a planned University Site.
Background - 1997 CRy Procedures
Because the cost of cor~sulting services to prepare the environmental documents is $343,452.00
(which includes up to 450,000.00 for Time and Materials), the contract is to be awarded by the
City Council pursuant to the procedures specified in Section 2 56 110 of the Chula Vista
Municipal Code: Exceptlon-Select~on of architectural, engineering, environmental, land
surveying, and constr~ction project management professional consultant services and other
services". Those required procedures including registration, notice, selection and award of
contract specified in ISection 2.56.110 and Section 6.5.2 of the Environmental Review
Procedures have been satisfied.
In 1995, the Planning l~epartment sent out a Request for Proposals (RFP) for consulting services
to prepare enviroument~l documents for the entire EastLake I~I Replanning Area. The RFPs were
sent out to all of the exlvironmental consultants on the City s list of qualified consultants. The
Request for Proposal i~cluded a project description and requested that consultants submit a
proposed scope-of-worl~ including all tasks necessary to prepare the environmental documents, a
proposed schedule for the project and a proposed fee. Seven proposals were received.
The City Manager appt~inted a selection committee, which consisted of staff members from
Planning and Enginee~ng. The staff members were Doug Reid, Environmental Review
Coordinator; Luis Her~andez, Senior Planner; Amy Wolfe, Associate Planner; Steve Thomas,
Senior Civil Engineer a¢d Bill Ullrich, Civil Engineer.
Four firms were interviewed. They were A.D. Hinshaw, Lettieri/Mclntyre, RECON and Tetra
Tech. The selection co~anittee reviewed and ranked the proposals that were submitted. Their
ranking was based onl cost, qualifications, proposed scope-of-work and experience of the
personnel that would De assigned to the project. RECON was the choice of the selection
committee.
At the time the contract was awarded to RECON, the EastLake III Replanning project consisted
of the University site, EastLake Trails, the EastLake Land Swap, Business Center II and
EastLake III. The "Rep arming Area" totaled 1,300 acres. The cost for the scope-of-work at that
time was $123,694.00.
Subsequent to that tim~ .., EastLake modified its application in order to proceed in stages. The
Trails proceeded first. RECON amended its proposal and a contract was executed for the
preparation of the EIR f )r EastLake Trails.
Page 3, Item:
Meeting Date: March 21. 2000
Current Contract
In addition to the Trails EastLake processed the Leviton Project located within Business Park II.
It was also originally'part of the EastLake III Replanning Area scope. EastLake is now
processing the remaind~ r of the EastLake III replanning area.
The cost of RECON's ~riginal scope to prepare the environmental documentation for EastLake
III was lower than the f ~e in their current scope for the remainder of EastLake III. The increase
in fee is attributed to th~ following:
· Staff originally dire cted consultant to rely significantly on previously prepared EIRs and
supporting technica studies that addressed portions of EastLake. Staff has subsequently
determined that so~e of those earlier documents are now out- of- date.and therefore several
technical studies n~w need to be updated for this EIR including biology, cultural and air
quality studies.
· The new listing o~certain biological species such as the Otay Tarplant and the Quino
Checkerspot ButterOy result in an expansion of the scope of work for biology.
· The City has revised and refined its approach to the preparation of EIRs. This has resulted in
the expansion of sohae tasks for the consultant including in some cases, the need for more
than one screenche~k of the Draft EIR (it is relevant to note that RECON has included two
screenchecks in its ~cope and the third an optional item).
· Consultant's rate schedule has been modified to reflect higher hourly rates since its original
proposal.
· An additional $50,000.00 has been added to the consultant fee of $293,452.00 in order to
cover additional work which may be requested by the City for additional screenchecks and
additional meetings fat the City's discretion.
Waiving the Bidding l~rocess
The total contract amotmt is higher today than when the contract was originally bid in 1997 and
thus could necessitate ~e-bid of the project. However, staff is recommending that the Formal
Bidding Process (SectiOn 2.56.070) be waived as allowed by Section 2.56.070(B3) because it is
impractical to reopen th~ bidding process for the following reasons.
· RECON has worked with the EastLake team for over 4 years and prepared both the Leviton
Mitigated Negative Declaration and the Trails EIR.
· On February 24, ~000, Council passed a resolution approving an expedited processing
schedule for EastLake III in conjunction with an offer agreement under which EastLake
would eventually donate 45 acres to the City for a portion of the proposed university site.
Because of RECOI~'s knowledge and experience on previous EastLake projects, they will
not need to take ti~ne to familiarize themselves with the project and therefore can easily
Page 4, Item:
Meeting Date: March 21. 2000
accommodate an expedited schedule. If the City must open a new bidding process for this
project, the expedite~ processing schedule adopted by the City Council will not be achieved.
· RECON has already gone through a competitive bidding process that included the current
project and was s~lected to provide the services. It is reasonable to expect that other
consultants rate schedules have increased over the past couple of years in an amount similar
to RECON's.,'
For these reasons, staff ls recommending that the bidding process be waived and that RECON be
awarded the contract fol' the preparation of the EIR for the EastLake Replanning Program.
The proposed contract defines the conditions of the agreement required by the Municipal Code,
which include contract ~cope, work plan and schedule, costs, fee, method of payment, duration,
insurance and indemnification. The scope identified in the contract is the result of refinement of
the scope submitted by !he consultant. The applicant is in agreement with the scope-of-work and
proposed fee.
The City Attorney's off~ce has reviewed and approved the form of the proposed contract.
FISCAL IMPACT: i~CON's fee to prepare the environmental documents is $343,452.00,
which includes up to $~0,000.00 for Time and Materials. The project applicant (The EastLake
Company) through a d~posit account will pay the cost. Any City staff time associated with
preparation of the envirbnmental documents will also be reimbursed by The EastLake Company
through a separate depo&it accotmt already established with the City.
(H:\home\planningXbarbara\eastlake RECON agenda statement.doc)
RESOLUTION NO.
I~ ESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA V1STA, WAIVING THE FORMAL BIDDING PROCESS, APPROVING
AN AGREEME1~ 'T BETWEEN THE CITY OF CHULA VISTA, THE EASTLAKE
COMPANY (APPI_ ICANT), AND REGIONAL ENVIRONMENTAL CONSULTANTS
(RECON)(CONSUL ['ANT) FOR CONSULTING SERVICES FOR PREPARATION AND
SUBMITTAL OF ( '.EQA REQUIRED ENVIRONMENTAL DOCUMENTATION FOR
EASTLAKE III Rt PLANNING PROGRAM AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
'¢FI-IEREAS, Th: EastLake Company is currently processing the EastLake III Replanning
Program consisting of ~[ General Plan Amendment, an amendment to the General Development
Plan, a new SPA plan ahd associated regulatory documents; and,
WHEREAS, b{ cause the cost of consulting services to prepare the environmental
documents is $343,45'.!.00 (which includes up to $50,000.00 for Time and Materials), the
contract is to be award ed by the City Council pursuant to the procedures specified in Section
2.56.110 of the Chula ~ 'ista Municipal Code: "Exception-Selection of architectural, engineering,
environmental, land srrveying, and construction project management professional consultant
services and other servi :es", and
WHEREAS, thc se required procedures including registration, notice, selection and award
of contract specified Section 2.56.220 and Section 6.5.2 of the Environmental Review
Procedures have been s ttisfied, and
WHEREAS, thc contract was awarded to RECON in 1997 for EastLake Replanning, and
WHEREAS, on March 7, 2000, as part of their action on the Development Agreement
for
EastLake III Replannin~, Council approved an expedited processing schedule, and
WHEREAS, if he City must open a new bidding process for this project, the expedited
processing schedule ad~ ~ted by Council will not be achieved, and
WHEREAS, Rt ;ON is familiar with and has expertise with the EastLake project, having
worked with the EastL~ ke team for over 4 years and having prepared both the Leviton Mitigated
Negative Declaration aa ~d the Trails EIR, and
'~;~rlEREAS, as a result of the original selection process, RECON was determined to be
the most qualified ant most responsible firm to provide contractual services to prepare the
environmental docume~ tts; and
WHEREAS, Tt~e EastLake Company will fund the said agreement through a deposit
account with the City of Chula Vista.
NOW, THEKEI 'ORE, BE IT RESOLVED that the City Council of the City of Chuta
Vista does hereby wai~, e the bidding process for the environmental documents for EastLake III
Replarming Area and al ~rove an Agreement, a copy of which is on file in the office of the City
Clerk, with RECON C :onsultant") and The EastLake Company ("Applicant") for consulting
services for preparatio and submittal of CEQA required environmental documentation for
EastLake III. ~
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:
Robert Leiter Jol~. Kaheny, ~
Director of Planning & Building City Attorney
H:\Home\Planning~Barbara~EastLa e\Resolution Contract
Three Party Agreement
Between
City of Chula Vista
RECON Environmental, Inc. (RECON), and
'he EastLake Development Company, Applicant
For Consulting Work to be Rendered
with Regard to Applicant's Project
1. Parties. i
This Agreement s made as of the reference date set forth in Exhibit A, for the purposes
of reference only, a~,,,,d, .~ff,e, ctive as of the date last executed by the parties hereto, between the
City of Chula Vista ( City ) herein, a municipal corporation of the State of California, the person
designated on the attached Exhibit A as "Consultant" RECON whose business form and address
is indicate~, on the attac~ed Exhibit A, and the person designated on the attached Exhibit A as
"Applicant EastLake l~evelopment Company whose business form and address is indicated on
the attached Exhibit A, t~nd is made with reference to the following facts:
2. Recitals, Warranties, and Representations.
1
2.1 Warrant~of Ownership.
Applicant warrants that Applicant is the owner of land ("Property") commonly known as,
or generally located a:,, described on Exhibit A, Paragraph 1, or has an option or other
entitlement to develop s rid Property.
2.2 Applican: desires to develop the Property with the Pr,o,!ect described on Exhibit A,
Paragraph 2, and in thal regard, has made application ("Application) with the City for approval
of the plan, map, zone, ,r other permits ("Entitlements") described on Exhibit A, Paragraph 3.
2.3 In order !or the City to process the Application of Applicant, Work of the general
nature and type describe d in Exhibit A, Paragraph 4, ("Work") will need to be completed.
2.4 City doe s not presently have the "in-house" staff or resources to process the
application within the aae frame requested for review by the Applicant.
2.5 This Ag] eement proposes an arrangement by which Applicant shall retain, and be
retaining, Consultant, who shall perform the services required of
liable for the costs o
Consultant by this Agre :ment solely to, and under the direction of, the City.
2.6 Additior al facts and circumstances regarding the background for this Agreement
are set forth on Exhibit g.
HSHome~Planning~Barbara~EastLakeL3ptyagmRECON-03-01-00 Three Party Agreement
Last Revision 03/14/00 2:31 PM Page 1
3. Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED TO AND BETWEEN THE CITY,
CONSULTANT, AND APPLICANT AS FOLLOWS:
3.1 Employment of Consultant by Applicant.
Consultant is hereby engaged by the Applicant, not the City, and at Applicant's sole cost
and expense, to perform to, and for the primary benefit of, City, and solely at City's direction, all
of the services described on the attached Exhibit A, Paragraph 4, entitled "General Nature of
Consulting Services," ("General Services"), and in the process of performing and delivering said
General Services, Consultant shall also perform to and for the benefit of City all of the services
described in Exhibit A, Paragraph 5, entitled "Detailed Scope of Work," ("Detailed Services"),
and all services reasonably necessary to accomplish said General Services and Detailed Scope of
Work, and shall deliver such documents required ("Deliverables") herein, all within the time
frames herein set forth, and in particular as set forth in Exhibit A, Paragraph 6, and if none are
set forth, within a reasonable period of time for the diligent execution of Consultant's duties
hereunder. Time is of the essence of this covenant.
The Consultant does hereby agree to perform said General and Detailed Services to and
for the primary benefit of the City for the compensation herein fixed to be paid by applicant.
In delivering the General and Detailed Services hereunder, the consultant shall do so in a
good, professional 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,
at its own cost and expense except for the compensation and/or reimbursement, if any, herein
promised, and shall furnish all of the labor, technicai, administrative, professional and other
personnel, all supplies and materials, machinery, equipment, printing, vehicles, transportation,
office space and facilities calculations, and all other means whatsoever, except as herein
otherwise expressly specified to be furnished by the City or Applicant, necessary or proper to
perform and complete the work and provide the Services required of the Consultant.
3.2 Compensation of Consultant
Applicant shall compensate Consultant for all services rendered by Consultant without
regard to the conclusions reached by the Consultant, and according to the terms and conditions
set forth in Exhibit C adjacent to the governing compensation relationship indicated by a
"checkmark" next to the appropriate arrangement, by paying said amount to the City, within 15
days of Applicant's billing, or in accordance with the security deposit provisions of Paragraph
3.3 and Exhibit C, if checked, and upon receipt of such payment by the City, City shall promptly,
not later than 15 days, or in accordance with the Bill Processing procedure in Exhibit C, if
checked, pay said amount to the Consultant. City is merely acting in the capacity as a conduit
for payment, and shall not be liable for the compensation unless it receives same from Applicant.
Applicant shall not make any payments of compensation or otherwise directly to the Consultant.
H:kl-lomekPlanning~BarbarakEastLakek3ptyagmRECON-03-01-00 Three Party Agreement
Last Revision 03/14/00 9:19 AM Page 2
3.2.1 .Additional Work. If the Applicant, with the concurrence of City,
determines that additional services ("Additional Services") are needed from Consultant of the
type Consultant is qualified to render or reasonably related to the Services Consultant is
otherwise required to provide by this Agreement, the Consultant agrees to provide such
additional services on a time and materials basis paid for by Applicant at the rates set forth in
Exhibit C, unless a separate fixed fee is otherwise agreed upon in writing for said Additional
Work between the parties.
3.2.2 In the event that the City shall determine that additional work is required
to be performed above and beyond the scope of work herein provided, City will consult with
Applicant regarding the additional work, and if thereupon the Applicant fails or refuses to
arrange and pay for said Additional Services, the City may, at its option, suspend any further
processing of Applicant's Application until the Applicant shall deposit the City's estimate of the
costs of the additional work which the City determines is or may be required. Applicant shall
pay any and all additional costs for the additional work.
3.2.3 Reductions in Scope of Work. City may independently, or upon request
from Consultant, from time to time reduce the Services to be performed by the Consultant under
this Agreement, deposit the amount indicated on Exhibit C as "Deposit Amount" with the City,
as trustee for Consultant, the conditions of such trust being as indicated on Exhibit C and as
hereinbelow set forth:
3.3 Security for Payment of Compensation by Applicant.
3.3.1 Deposit. As security for the payment of Consultant by Applicant,
Applicant shall, upon execution of this Agreement, deposit the amount indicated on Exhibit C as
"Deposit Amount" with the City, as trustee for Consultant, the conditions of such trust being as
indicated on Exhibit C and as hereinbelow set forth:
3.3.1.1 Other Terms of Deposit Trust.
3.3.1.1.1 City shall also be entitled to retain from said
Deposit ail costs incurred by City for which it is entitled to compensation by law or under the
terms of this Agreement.
3.3.1.1.2 All interest earned on the Deposit Amount, if any,
shall accrue to the benefit of, and be used for, Trust purposes. City may, in lieu of deposit into a
separate bank account, separately account for said deposit in one or more of its various bank
accounts, and upon doing so, shall proportionately distribute to the Deposit Trust, the average
interest eamed during the period on its general fund.
3.3.1.1.3 Any unused balance of Deposit Amount, including
any unused interest earned, shall be returned to Applicant not later than 30 days after the
termination of this Agreement and any claims resulting therefrom.
H:\Home~Planning~BarbaraXEastLakeX3ptyagmRECON-03-01-00 Three Party Agreement
Last Revision 03/14/00 9:19 AM Page 3
3.3.1.1.4 Applicant shall be notified within 30 days after of
the use of the Deposit in any manner. Nothing herein shall invalidate use of the Deposit in the
manner herein authorized.
3.3.1.1.5 At such th-ne as City shall reasonably determine that
inadequate funds remain on Deposit to secure future compensation likely due Consultant or City,
City may make demand of Applicant to supplement said Deposit Amount in such amount as City
shall reasonably specify, and upon doing so, applicant shall, within 30 days pay said amount
("Supplemental Deposit Amount") to City. Said Supplement Deposit Amount or Amounts shall
be governed by the same terms of trust governing the original Deposit.
3.3.2 Withholding of Processing. In addition to use of the Deposit as security,
in order to secure the duty of applicant to pay Consultant for Services rendered under this
agreement, City shall be entitled to withhold processing of Applicant's Application upon a
breach of Applicant's duty to compensate Consultant.
4. Non-Service Related Duties of Consultant.
4.1 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:
4.1.1 Statutory Worker's Compensation Insurance and Employer's Liability
Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 10.
4.1.2 Commemial General Liability Insurance including Business Automobile
Insurance coverage in the amount set forth in Exhibit A, Paragraph 10, combined single limit
applied separately to each project away from premises owned or rented by Consultant, which
names City and Applicant 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
and Applicant in the same manner as members of the general public ("Cross-liability
Coverage").
4.1.3 Errors and Omissions insurance, in the amount set forth in Exhibit A,
Paragraph 10, unless Errors and Omissions coverage is included in the General Liability policy.
4.2 Proof of Insurance Coverage.
4.2.1 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 30 days written notice to the Additional Insured.
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4.2.2 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, The EastLake Company and Western Salt Company demonstrating same and naming
The EastLake Company and Western Salt Company as additional insureds.
4.3 Public Statements.
All public statements and releases to the news media shall be the responsibility of the
City and the Applicant. The Consultant shall not publish or release news items, articles or
present lectures on the Project, either during the course of the study or after its completion,
except on written concurrence of the City and Applicant.
4.4 Communication to Applicant.
Consultant shall not communicate directly to the Applicant except in the presence of the
City, or by writing an exact copy of which is simultaneously provided to City, except with the
express consent of City. The Consultant may request such meetings with the Applicant to ensure
the adequacy of services performed by Consultant.
5. Non-Compensation Duties of the Applicant.
5.1 Document Access.
The Applicant shall provide to the Consultant, through the City, for the sue by the
Consultant and City, such documents, or copies of such documents requested by Applicant,
within the possession of Applicant reasonably useful to the Consultant in performing the services
herein required of Consultant, including but not limited to those described in Exhibit A,
Paragraph 7.
5.2 Property Access.
The Applicant hereby grants permission to the City and Consultant to enter and access
the Property, provided that the applicant is given forty-eight (48) hours notice prior to the City of
consultant entering the property, to take any borings, make any tests, conduct any surveys or
reconnaissance necessary to deliver the Services of Consultant, subject to the approval of the
Applicant. Consultant shall promptly repair any damage to the subject property occasioned by
such entry and shall indemnify, defend, and hold Applicant harmless from all loss, cost, damage,
expenses, claims, and liabilities in connection with or arising from any such entry and access.
5.3 Communication to Consultant.
Applicant shall not communicate directly to the Consultant except in the presence of the
City, or by writing an exact copy of which is simultaneously provided to City, except with the
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express consent of City. The Applicant may request such meetings as they desire with the
Consultant to ensure the adequacy of services performed by Consultant.
6. Administrative Representatives.
Each party designates the individuals ("Administrators") indicated in Exhibit A,
Paragraph 8, as said party's contract administrator who is authorized by said party to represent
them in the routine administration of this Agreement.
7. Conflicts of Interest.
7.1 Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 9, 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 his economic interests to the City Clerk on the required
Statement of Economic Interests in such reporting categories as are specified in Paragraph 9 of
Exhibit A, or if none are specified, then as determined by the City Attorney.
7.2 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.
8. 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.
8.1 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.
8.2 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
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Consultant learns of an economic interest of Consultant's which may result in a conflict of
interest for the purpose for the Fair Political Practices Act, and regulations promulgated
thereunder.
8.3 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 in directly, whatsoever in the property which is the subject matter of the
Project, or in any property within ten (10) radial miles from the exterior boundaries of the
property which is the subject matter of the Project, or ("Prohibited Interest").
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 by Applicant or by any other party as a result of 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 twelve (12) months after the expiration of this
Agreement.
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.
9. Default of the Consultant for Breach.
This Agreement may be terminated by the City for default if the Consultant breaches this
Agreement or if the Consultant refuses or falls to pursue the work under this Agreement or any
phase of the work with such diligence which would assure its completion within a reasonable
period of time. Termination of this agreement because of a default of the Consultant shall not
relieve the Consultant from liability of such default.
10. City's Right to Terminate Payment for Convenience, Documents.
10.1 Notwithstanding any other section or provision of this Agreement, the City shall
have the absolute right at any time to terminate this Agreement or any work to be performed
pursuant to this Agreement.
10.2 In the event of termination of this Agreement by the City in the absence of default
of the Consultant, the City shall pay the Consultant for the reasonable value of the services
actually performed by the Consultant up to the date of such termination, less the aggregate of all
sums previously paid to the Consultant for services performed after execution of this Agreement
and prior to its termination.
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10.3 The Consultant hereby expressly waives any and all claims for damage or
compensation arising under this Agreement, except as set forth herein, in the event of such
termination.
10.4 In the event of termination of this Agreement, and upon demand of the City, the
Consultant shall deliver to the City, all field notes, surveys, studies, reports, plans, drawings, and
all other materials and documents prepared by the Consultant in performance of this Agreement,
and all such documents and materials shall be the property of the City; provided however, that
the Consultant may retain copies for their own use and the City shall provide a copy, at
Applicant's cost, of all such documents to the applicant.
10.5 Applicant shall have no right to terminate Consultant, and shall not exercise any
control or direction over Consultant's work.
11. Administrative Claims Requirement and Procedures.
No suit 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 of Chula Vista and acted upon by the
City of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula
Vista Municipal Code, the provisions of which are incorporated by this reference as if set fully
set forth herein.
12. Hold Harmless and Indemnification.
12.1 Consultant to Indeumify Cit~ and Applicant re Iniuries.
Consultant shall defend, indemnify, protect, and hold harmless the City, its' elected and
appointed officers and employees and Applicant 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 employees, subcontractors, or others of City or
Applicant 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, or Applicant, Consultant's indemnification shall include any and all
costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or
employees or Applicant 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 or
Applicant, defend any such suit or action brought against the City, its officers, agents, or
employees or Applicant, Consultants' indemnification of City and Applicant shall not be limited
by any prior or subsequent declaration by the Consultant.
12.2 Applicant to Indemnify City re Compensation of Consultant.
Applicant agrees to defend, indemnify and hold the City harmless against and from any
and all claims, losses, damages, expenses or expenditures of City, including its elected officials,
officers, employees, agents, or representatives of the City ("City Indemnitees"), in any way
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resulting from or arising out of the refusal to pay compensation as demanded by Consultant for
the performance of services required by this Agreement.
13. Business Licenses.
Applicant agrees to obtain a business license from the City and to otherwise comply with
Chula Vista Municipal Code, Title 5. Applicant further agrees to require Consultant to obtain
such business license and to comply with Chula Vista Municipal Code, Title 5.
14. Miscellaneous.
14.1 Consultant not Authorized to Represent Citw.
Unless specifically authorized in writing by City, neither Consultant nor Applicant shall
have authority to act as City's agent to bind City to any contractual agreements whatsoever.
14.2 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 remm receipt
requested, at the addresses identified for the parties in Exhibit A.
14.3 Entitlement to Subsequent Notices.
No notice to or demand on the parties for notice of an event not herein legally required to
be given shall in itself create the right in the parties to any other or further notice or demand in
the same, similar, or other circumstances.
14.4 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.
14.5 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; that
all resolutions or other actions have been taken so as to enable it to enter into this Agreement.
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14.6 Goveming Law/Venue.
This Agreement shall be govemed 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.
14.7 Modification.
No modification or waiver of any provision of this Agreement shall be effective unless
the same shall be in writing and signed by the parties hereto, and then shall be valid only in the
specific instance and for the purpose for which given.
14.8 Counterparts.
This Agreement may be executed in more than one counterpart, each of which shall be
deemed to be an original but all of which, when taken together shall constitute but one
instrument.
14.9 SeverabiliW.
In the event that any provision of this Agreement shall for any reason, be determined to
be invalid, illegal, or unenforceable in any respect, the parties hereto shall negotiate in good faith
and agree to such amendments, modifications, or supplements to this Agreement or such other
appropriate action as shall, to the maximum extent practicable in light of such determination,
implement and give effect to the intentions of the parties as reflected herein.
14.10 Headings.
The captions and headings in this Agreement are for convenience only and shall not
define or limit the provisions hereof.
14.11 Waiver.
No course of dealing or failure or delay, nor the single failure or delay, or the partial
exercise of any right, power or privilege, on the part of the parties shall operate as a waiver of
any rights herein contained. The making or the acceptance of a payment by either party with
knowledge of the existence of a breach shall not operate or be construed to operate as a waiver of
any such breach.
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14.12 Remedies.
The rights of the parties under this Agreement are cumulative and not exclusive of any
rights or remedies, which the parties might otherwise have unless this Agreement provides to the
contrary.
14.13 No Additional Beneficiaries.
Despite the fact that the required performance under this Agreement may have an affect
upon persons not parties hereto, the parties specifically intend no benefit therefrom, and agree
that no performance hereunder may be enforced by any person not a party to this Agreement.
Notwithstanding the foregoing, this is a three party agreement and the City is an express third
party beneficiary of the promises of Consultant to provide services paid for by Applicant.
(End of Page. Next Page is Signature Page.)
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City of Chu~
EXHIBIT A
Reference Date of Agreement: March 14, 2000
Effective Date of Agreement: March 21, 2000
City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910
Consultant: RECON Environmental, Inc. (RECON)
Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
( X ) Corporation
Address: 4241 Jutland Drive, Suite 201, San Diego, CA 92117
Applicant: EastLake Development Company
Business Form of Applicant:
( ) Sole Proprietorship
( ) Partnership
( ) Corporation
( X ) Other: A California Limited Liability Company
Address: 900 Lane Avenue, Suite 100, Chula Vista, CA 91914
1. Property (Commonly known address or general Description):
The property consists of an approximate 1,064 acre planned community in the eastern
territories of Chula Vista and is the final component of the EastLake Development.
EastLake III is located at the east end of the City's eastern territories and is limited to the
east by upper and lower Otay Lakes Reservoir, to the north by the Rolling Hills Ranch
planned community, to the south by the Otay Ranch planned community and the recently
approved EastLake Business Center II and the Trails development to the west.
2. Project Description ("Project"):
The project involves three basic neighborhoods known as EastLake Woods, EastLake
Vistas, and the University site. The first component of the EastLake community was
originally approved in 1982 as EastLake I. This area was expanded in the EastLake II
approval in 1989. Approval of EastLake III follows.
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Background/Overview
The required environmental review of the project will be met by the retention of a
consultant, RECON to prepare an Environmental Impact Report. RECON's work
includes the preparation of technical studies, research, and analysis. RECON is
responsible for disclosing environmental impacts and determining which impacts are
significant. RECON will prepare mitigation measures to reduce or avoid impacts, a
mitigation and monitoring program in addition to CEQA Findings and Overriding
Considerations.,
The proposed project consists of an amendment to the General Development Plan, a new
Sectional Planning Area (SPA) for EastLake III and other necessary approvals and
permits to fully plan and develop the property. An amendment to the Chula Vista General
Plan to establish consistency between the project and the City's general plan is also
required. These approvals are anticipated to complete the planning and approval process
for the entire EastLake property.
3. Environmental review is needed for the following entitlements:
A. Amendment of the City's General Plan
B. Amendment to the EastLake III General Development Plan
C. Adoption of an EastLake III SPA Plan package.
4. General Nature ~f Consulting Services ("Services-General"):
RECON shall prepare an Environmental Impact Report and will provide services of the
general nature ol' consulting as stated under Project Description/Background Overview.
5. Detailed Scope 9f Work ("Detailed Services"):
A. Project Ihitiation
The ConSultant's Project Manager, shall meet, upon request of the City, with City
staff and the applicant to review the proposed project and obtain project
information. For that meeting the Consultant will prepare an environmental team
contact list and distribute it to all team members. This list will provide names,
phone nUmbers, addresses, and areas of responsibility and will include project
applicant representatives and City slaff as well as the Consultant's team members.
Immediately thereafter, the Consultant shall prepare the project description based
on materials provided by the City and the applicant. The Consultant shall also
assist staff in developing the project alternatives to be included in the EIR. The
project description and the description of alternatives will be distributed by the
Consultant to all subconsultants as necessary, and will serve as a common basis
for analysis. In addition, the Consultant will augment, format, illustrate, and
incorporate these descriptions into the EIR.
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As a result of the project initiation meeting, the time frames for deliverables set
forth herein may be evaluated at the City's option and may be adjusted to meet
the neec~s of the City and the applicant.
B. Prepare Screencheck Draft EIR
Preparation of the EIR by the Consultant involves research, analysis, and writing
to address the environmental issues identified as potentially significant by the
City of Chula Vista for the project. Each issue will be addressed by the Consultant
in terms of the existing conditions, potential impacts, significance of impact and
mitigatibn measures. The EIR will analyze both project to ground and plan
(adopte~ GDP) to plan (proposed GDP and SPA) impacts. Whenever possible, the
Consultant's work will rely on existing studies and documents prepared for
previou~ Chula Vista and EastLake projects. Diligent efforts shall be made by the
Consultant to avoid duplication of effort and to use the existing documents in the
most efficient manner.
The following environmental issues shall be analyzed in the EIR: land use/
commuifity character, visual quality/landform alteration, traffic, noise, biology
socioeconomic factors, public facilities, drainage, air quality, and geology and
soils, p~leontology, cultural resources, as well as '2hresholds" established by the
City of Chula Vista. The scope of work for each issue is provided below.
C. Land USe
Land Use issues include the planning of the EastLake Vista and Woods
NeighbOrhoods for the EastLake III project· The applications submitted by
EastLa!4e request amendments to the City's General Plan and EastLake III GDP,
adoption of the EastLake III SPA Plan. The land use section of the EIR will
summarize these issues as they pertain to land use plans, development patterns,
and community character. To that end, the Consultant shall:
1. Provide mapping that clearly depicts the adopted Chnia Vista General Plan
land uses, EastLake III General Development Plans affected Sectional
Planning Areas, EastLake Neighborhoods, and City Zoning. Also provide an
aerial photograph and project vicinity map to show the existing developed
areas in EastLake and the project vicinity. Describe applicable goals and
policies from the adopted EastLake Planned Community documents and City
General Plan.
2. DesCribe and assess the potential for land use compatibility and community
chatacter impacts from the proposed land uses both within EastLake and with
off-Bite areas (e.g., Rolling Hills Ranch, City Reservoir Lands, and Otay
Ranch). The interface of the proposed land use modifications with the
existing, approved, and future designated land uses will be addressed through
a cdmpatibility analysis. The compatibility analysis will be based primarily on
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the idiscussions presented in the noise, biology, traffic circulation, fiscal
impact evaluation, goals of the adopted General Plan and General
Development Plan, and visual quality sections of the EIR.
3. Pre~ent a plan-to-plan and plan-to ground analysis as part of the technical
approach to land use. Tables shall be used to provide an evaluation as to
whether the proposed project is in compliance with the plan goals and
objectives. This approach must ensure that any conflicts with specific plans
and ipolices are identified.
4. DesCribe the relationship of the proposed land use changes and policy
modifications with the adopted EastLake plans and policies; assess the
pote~ntial for significant land use planning impacts associated with the
proposed changes.
5. Dex~elop recommendations for mitigation measures to reduce potentially
sigflificant land use planning/community character impacts.
D. Visual Quality/Landform Alteration
DevelolPment of the EastLake Vistas and Woods Neighborhoods will change the
existing visual character of the site. The visual quality section of the EIR must
discuss Ithe nature of that change, the extent of the grading needed to accomplish
the proposed land use goals, and the future visual character of the resulting
development. To document this analysis, the Consultant shall include color
photographs and photo-simulations provided by the project applicant to show the
"before*' and "after" effect of project development. The Consultant shall:
1. CoOrdinate with city staff and the project applicant to determine the locations
from where the photographs/photo-simulations will be taken from.
2. Proyide, in writing, as part of the EIR a discussion of the visual impact of
landform alteration necessary for the project based on a conceptual grading
plan for the Vistas and Woods Neighborhoods; describe earthwork estimates
andigrading balance issues based on the concept grading plan included as part
of ~e SPA Plan prepared for the project; and grading for off-site
imp~'ovements will also be described in this section of the EIR.
3. Desbribe, in writing, as part of the EIR analysis, the potential for any visual
quality impacts from project area roadways (e.g., Otay Lakes Road, Hunte
Parkway, and Olympic Parkway), based on field visit and the photo-
simulations provided by the project applicant. In addition, the visual effects
both to and from Otay Lakes must be analyzed.
4. Discuss, in writing as part of the EIR, mitigation measures that may be
required to reduce the visual quality and landform alteration impacts if any are
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ider~tified. These could include contour grading techniques for any
man~actured slopes and the project landscaping plan.
E. Traffic ~tudy Technical Report
This section of the EIR will be prepared by Consultant based on the traffic report,
which Consultant shall cause to have prepared by its subconsultant LLG. The
specific areas, intersections, arterials, and street segments listed below are subject
to Cityl approval. The consultants scope-of-work for the traffic report is as
follows;
1. Project Mobilization
· Attend, at the City's request, a kick-off meeting with City staff and the
applicant.
· Obtain prior traffic studies prepared for projects in the area bounded by
8R-54, 1-805, Mexico and the Otay Reservoir.
2. Exiifing Analysis
· Conduct AM, midday, and PM peak hour counts (or obtain from City
those traffic counts conducted after 1/1/98) for no more than 15
intersections as determined by the City Engineer_.
· Determine the existing AM, midday and PM peak hour Levels of Service
at the key intersections as determined by the City Engineer using the 1997
Highway Capacity Manual.
· Obtain the most recent daily street segment traffic volumes in the area
bounded by 1-805, SR-54, Mexico and the Otay Reservoir, and other
identified CMP locations from City, County, and CalTrans records.
Determine the existing daily Level of Service on at least 30 street
segments, based on the City's street segment table and as approved by the
City within the study area per Guidelines for Congestion Management
program.
3. Project-to-ground Analysis
· ;Estimate traffic volumes at the key intersections and street segments for
all study years chosen as determined by the City in the area bounded by I-
i805, SR-54, Mexico, and the Otay Reservoir, and other identified
iCongestion Management Program (CMP) locations with the existing street
isystem and fully secured future network (i.e. portion of Olympic
IParkway).
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· add project traffic onto the baseline condition described above.
· malyze the intersections and street segments in the area bounded by I-
;05, SR-54, Mexico, the Otay Reservoir and other identified CMP
ocations.
· :~stimate significant impacts. Recommend mitigation measures as
tecessary.
4. Pro ~ct to Project Cumulative Analysis
* )etermine and analyze by project-to-ground analysis (#3 above) the future
'ear scenarios, after obtaining approval by the City Engineer, that will be
nalyzed in the traffic study. They may include Year 2002, 2003, 2004,
;005 with and without SR-125, 2010, 2015, 2020, and buildout analysis
vith various network and land use assumptions. Fifteen (15) analysis
cenarios are budgeted.
· ;onsultant will determine future traffic volumes for all scenarios at all key
atersections and street segments as determined by the City Engineer. At
,ast 15 intersections and 30 to 50 street segments will be analyzed for
:ach scenario.
· )etermine the AM, midday, PM intersection and daily street segment LOS
Or each scenario.
· )etermine the intersection and street segment configuration necessary to
ccommodate the anticipated traffic for each scenario.
· )etermine the amount of traffic each phase of the project adds to each
atersection and street segment.
· )etermine the significant impacts associated with the project for each
cenario.
· [ecommend measures to mitigate impacts to below a level of significance
Or each scenario.
· assist with the planning and phasing of internal roadways, as requested by
;ity.
· ]~or the entire project, conduct a Congestion Management Plan analysis on
the key arterials and freeways.
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5. PFF~ - Related Analysis
· ~Vork with City staff to determine an EDU threshold limit on up to four
~Oadway network links.
· ~onduct modeling for up to four scenarios (which are included as part of
t~e 15 analysis scenarios mentioned in #4 - Project-to-Project cumulative
9nalysis, the first bullet), as determined by the City Engineer, both with
and without the subject network links.
~nalyze the project adjacent intersections and street segments, location-
~thodology as determined by the City Engineer, to determine LOS with
without the network link.
!
.~,etermine the EDU threshold, which triggers the need for each link and/or
i~tersection improvements. Thresholds will be determined for four
network links and any intersection(s), which require mitigation.
· I~corporate the EDU threshold results into the traffic study dnd mitigation,
which may allow development beyond the threshold limit.
· l~repare a Public Facilities Financing Plan (PFFP) - level traffic phasing
analysis and incorporate into the traffic study.
· ~Vork with the preparer of the PFFP to incorporate the results of the traffic
study into the PFFP until the PFFP document is finalized and approved by
tie City.
6. RepOrt preparation/Response to Comments/Meetings
· l~repare a Draft Traffic Study Technical Report with the appropriate text,
t~bular, and graphic material for review by the City.
· t~evise the Draft Traffic Study Technical Report per City editorial
cerements and prepare a Final Draft Traffic Report.
· Assist in the preparation of responses to comments on the traffic study.
· ~epare for and attend up to ten traffic meetings as requested by the City
d~ring project processing. As requested by City these ten meetings are in
aOdition to the 25 meetings and hearings as described in Deliverable No.
11 below.
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· Also prepare for and attend five public heatings. As requested by City
~seSe five public hearings are in addition to the 25 meetings and heatings
described in Deliverable No. 15 below.
7. Traffic Analysis Chapter for the EIR
~ Prepare a written summary of the traffic study technical report to be
inserted in the EIR.
F. Noise ~chnical Study
The C, tsultant will conduct on-site noise measurements to determine the ambient
noise k vel of the study area. Based on future site grading identified in the
propose tentative map and the traffic volumes identified in the traffic study
technic~ report described above, a noise analysis will be completed by
Consult
Community noise analysis will be completed by Consultant using the Federal
Highwa ~ Administration Noise Prediction Model STAMiNA 2.0 version, to
determi: ~e the future community noise equivalent levels (CNEL) noise levels. The
future affic conditions will be based on the ADT provided in the South Bay
buildou model run. Where necessary, mitigation measures will be recommended,
includirg berms, barriers, or setbacks, to reduce noise levels to below City
standar s.
The Consultant will prepare a noise technical report in accordance with the City
of Chul$ Vista guidelines which describes the analysis methods, future conditions,
and recommended mitigation measures.
G. Biology Technical Report
The bio ogy section of the EIR will be based on a biology technical report to be
prepare~ l by Consultant and wetland delineation provided by the project applicant
that will be reviewed by the Consultant.
The Cohsultant will prepare an updated field survey of EastLake III property to
verify l~reviously documented resources. Previous sensitive species surveys of
the Easl Lake III project site include a RECON 1999 directed survey for the state
endang~ red Otay tarplant (Hemizonia conjugens) and the federally-listed quino
checker ;pot butterfly. The Consultant will use the 1999 survey information in
conduct ng an updated search for tarplant during the field check of the property.
The US ?WS quino checkerspot protocol, which is approved by the USFWS for
the yem 2000 will require the Consultant to prepare an updated survey for this
species. The Consultant will also conduct focused surveys for the western
burrowing owl (Speotyto cunicularia hypugaea), San Diego black-tailed
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jackrabbit (Lepus californicus benettii), and San Diego desert woodrat (Neotoma
lepida ilterrnedia).
The tasl~s to be completed by the Consultant include the following:
1. Con :luct a search of the records of the California Natural Diversity Data Base
(Ca] ifomia Department ofFish and Game) to determine what sensitive species
haw', been reported from the vicinity of the project. Review other biological
doc] anentation provided by the City.
2. Con :luct a general biological resources survey of the approximately 1,000-
acre project area.
3. Pret are a vegetation map of the subject property showing natural plant
con: munities and the observed locations of rare and endangered species.
4. Rec )rd any inventoried biological resources located during the survey and
con: ply with the reporting requirements of the Natural Diversity Data Base.
5. PreI are a biological technical report, which describes biological resources
occ~ a-ring on the property, assesses the impact of the proposed development
on I he biological resources, and discusses mitigation measures, if necessary.
The technical report will describe the relationship of the project site to the
Cit3 's drafl MSCP Subarea Plan. The report will also incorporate the results
of c wrent sensitive species surveys (e.g., quino checkerspot butterfly).
6. Con fluct focused surveys for the endangered Otay tarplant during the
blot ming time of May to June.
7. Con ]uct focused surveys for burrowing owls, a state species of special
corn ;em.
8. Con ~uct focused surveys for the San Diego desert woodrat, a state species of
spec iai concern.
9. Con ]uct focused surveys for the San Diego black-tailed jackrabbit, a state
spec ies of special concern.
10. Add itional studies or focused surveys may be required by the resources
age~ ~cies during the CEQA process. These and any other special studies
wo~ [d only be conducted with additional authorization from the client within.
11. Qui: ~o Checkerspot Butterfly (QCB) Habitat Assessment
Con 5ultant shall:
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a. assess the habitat for its potential to support the larval or adult life stages
~f the federally listed Quino Checkerspot Butterfly (QCB) according to
he guidelines in the Survey Protocol for the Endangered Quino
~'heckerspot Butterfly for the 2000 Field Season. During the site survey
he Consultant's biologists will identify and map the following habitat
omponents: host plants, nectar plants, open, sparsely vegetated areas, and
uitable topographic features.
b. )ming the site survey described above, the Consultants shall prepare a
aap showing any appropriate habitat or habitat components for the QCB.
c. )ming the site survey, the Consultant shall prepare a brief written report
escribing the methods and results of the habitat assessment, that will
aclude the required maps, photographs, and site descriptions as required
a the Survey Protocol for the Endangered Quino Checkerspot Butterfly
ar the 2000 Field Season.
d. 'his scope-of-work is for a habitat assessment and does not include a
urvey for the adult QCB dining the flight period. If suitable habitat for
t~CB is located on the site, then QCB adult focused surveys would be
~quired by the City. The anticipated scope of work for focused surveys
e described below.
12. ~uino Checkerspot Butterfly Adult Focused Survey
Ifth~ ~ results of the habitat assessment warrant it as determined by U.S. Fish &
Wik life Service (USFWS) or if the Property is within the "Adult Focused
RE£ ON Survey Area", an adult focused survey will be conducted by the
Con,..ultant according to the USFWS Survey Protocol for the Endangered
Quk o Checkerspot Butterfly for the 2000 Field Season. This survey shall be
con~ ucted by Consultant at such time as USFWS directs Consultant to do so.
The surveys will generally consist of at least the following tasks to be
perf{ ~rmed by Consultant on the 2000 protocol:
a. Iotify the USFWS in writing of the intent to conduct QCB adult surveys.
rovide the USFWS Carlsbad Office with the location of the site on a 7.5'
~SGS topographic map and the names and permit numbers of the
iologists who will conduct the surveys.
b. ',onduct focused surveys of the appropriate habitat on site five times
uring the QCB flight season of spring 2000.
c. repare a written report describing the results of the survey. The report
~all contain all information required by USFWS in the 2000 protocol.
1
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d. ~ubmit report to the City of Chula Vista immediately after the surveys are
~ompleted.
e. ;ubmit the report to USFWS within 45 days after surveys are completed.
f QCB are located USFWS must be notified by telephone within one
vorking day and by letter within two working days.
H. Public [ acilities
The Eli will document existing public facilities for the project. A log of all
contacts described below will be made and references included in the EIR. The
Consult mt shall:
1. Obt~ in the Public Facilities Financing Plan and incorporate a discussion of
pha~ lng of facilities development into the EIR.
2. Con :act the Chula Vista Elementary School District and Sweetwater Union
Higlt School District to document the current enrollment, student capacity,
and ~tudent generation rates for the affected elementary, junior high, and high
schcols in the project area. Determine the student generation resulting from
the >roject based on the information provided by the school districts and
describe any potential school capacity impacts and mitigation measures for the
affe, :ted schools. The discussion of schools will also include an assessment of
pro[ osed relocation of school facilities.
3. Disc uss park and recreation demands in this section of the EIR. The project's
compliance with the City thresholds and EastLake Parks and Recreation
Masler Plan must be addressed.
4. Con, ct the City of Chula Vista Engineering Department and the project
engineer to document the current capacity/sizing of the sewer lines, current
sew~ .ge generation rates for residential use, and any additional sewer facilities
in ti e project area that were discussed in the previous EIR. Based on this
info: mation, determine the sewage to be generated by the residential project
and ~iscuss any potential sewer capacity impacts and mitigation measures, if
necessary. Also, review the wastewater study provided by the project
appl cant and incorporate the results of the study into the EIR.
5. Con act the Otay Water District to assess the issues associated with the
pro~ ision of potable and reclaimed water. Review the Subarea Master Plan
pro~ ided by the project applicant and incorporate the results into the EIR.
6. Bas{ on review of existing documents and contact with the Chula Vista
Poli, : and Fire Departments, describe current and anticipated response times,
facil ties, and personnel. Determine whether the project would comply with
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the 2ity of Chula Vista Thresholds Standards Policy, and describe mitigation
met ;ures, which would be required for the project.
I. Hydrolc gy/Drainage/Water Quality
The Co~ tsultant shall prepare this section of the EIR, which will rely on the most
recent l~ydrology technical studies. A Drainage Plan will be prepared by the
projectlapplicant which will include existing and proposed hydrological
conditions. The Drainage Plan will be reviewed and subject to approval by the
City of Chula Vista Engineering Department. Consultant shall incorporate into the
EIR an t the CEQA Findings of Fact the approved Drainage Plan. The
Consult~ mt s scope-of-work includes the following:
1. Rev:ew the existing hydrology and drainage information contained in
prey [ous EastLake environmental documents and other secondary sources in
orde to describe the existing watershed/floodplain, storm drains, drainage
imp~ )vements, and detention features that exist within EastLake. Also contact
the t ~ity of Chula Vista Engineering Department to verify the current status of
plan ~ed and approved drainage improvements in the project area.
2. Determine the potential for on- and off-site hydrologic impacts associated
with the proposed project based on information provided by the applicant
prep xred in conjunction with the SPA Plan concept grading plan. Also,
desc :ibc any modifications to the drainage features that would be anticipated
to ac commodate the proposed land use changes.
3. Describe necessary National Pollutant Discharge Elimination System
(NP'~)ES) permitting requirements and best management practices (BMPs)
base ~ on consultation with the City of Chula Vista Engineering Department.
The Consultant will contact the Regional Water Quality Control Board
(RV~ QCB) regarding any updates to BMS. A list of BMPs appropriate and
drai~age fee requirements for the project will be included as mitigation
me :ures in the EIR.
J. Air Qua ity Technical Report
The Co~ tsultant's analysis of air quality impacts will be based on the state and
federal mabient air quality standards and on compatibility with the adopted air
quality )lan for the area. Air quality impacts fall into two areas: (1) regional
impacts and (2) localized impacts. They are principally related to traffic on area
roadwa3 s and, to a lesser extent, to large construction projects.
Regiona effects are the most critical and stem fi.om the regional population and
its distri ~ution. These figures are based on SANDAG's growth projections and
are pfin~ :ipally a factor of how much base employment there is and the economic
health o: 'the region relative to the rest of the country.
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The Co] tsultant will prepare a technical air quality report utilizing Regional Air
Quality Standards (RAQS) and the Triennial Update to evaluate existing air
quality in the San Diego Air Basin and project consistency with the State
Implem, :ntation Plan (SIP). The analysis of air quality impacts will be based on
the state and federal ambient air quality standards and on compatibility with the
adopted air quality plan for the area. The discussion shall address air emission
impacts from project construction, developed condition, and motor vehicles. The
technics l report will be included as an appendix and summarized in the EIR.
K. Cultural Resources Technical Report
Given tlle age of the most recent cultural resource reports on the property, the
Consult~a~t will update the cultural resource evaluation for the site. The
Consult~ mt will complete a site records and archival search at the South Coastal
Informa ion Center at San Diego State University and one at the San Diego
Museun of Man to determine the current status of the property and the
surroum ting area with regards to previously recorded sites or completed studies.
The Co] ~sultant shall review the previous cultural resource studies prepared for
the proj ~'ct site and complete a pedestrian survey of the entire property to field
check 1: rehistoric or sensitive historic-era sites, features, or isolates. Upon
complet on of the fieldwork, the Consultant will prepare a technical report of the
metho&,, research, and field findings for submittal to the City of Chula Vista.
The rep~ ,rt will be included as an appendix and summarized in the EIR.
L. Geolog3 and Soils
This se(tion of the draft EIR will be prepared by the Consultant based on the
geotech] deal and hazardous material studies provided by the project applicant.
The Co lsultant will review the technical study prepared for the project and
summar ze the results in the geology section of the EIR.
M. Paleont61ogical Resources
Based o~. a review of the Geotechnical Report for the project and other secondary
sources, the Consultant will ensure that the EIR will describe the on-site geologic
units wi h highest sensitivity for the presence of paleontological resources and the
potentia for impacting those resources due to project development. Consultant
shall de ;cribe any measures (i.e., monitoring of grading) necessary to mitigate
potentia impacts.
N. Thresho d Analysis
In an elfort to preserve the City's quality of life, the City adopted a Growth
Manage nent Ordinance (Chapter 19.09 of the Municipal Code) which contains
Quality >f Life Threshold Standards for 11 facilities and improvements. These
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include fire and emergency medical service, police, traffic, parks and recreation,
drainage, l!braries, air quality, economics, schools, and sewer and water. The
Consult mt s scope of work for this section of the EIR will include the following:
1. Des~ :ribe the City's threshold goals and standards for each of the 11 facilities,
and 'eview the current GMOC report.
2. Bas~ d on the analyses presente.cl, in the public services and facilities section of
the ]SIR, summarize the project s consistency with the established thresholds
stan, lards and determine if the requirements have been satisfied.
O. Alternal ives
The pm ect alternatives section, to be prepared by the Consultant, will be based
on the ~ :sults of the project initiation process and impacts identified during the
preparal ion of the draft EIR and will include the no project alternative and a range
of lesse~ and greater development intensities. These alternatives will be developed
by the 2onsultant during the project initiation phase and will be refined in
conjunc ion with the assessment of potential impacts and needed mitigation
during he environmental review process. Development of altematives will
require ~ :lose consultation with the applicant and City staff.
P. Cumula ive Impacts
The cut ~ulative discussion in the EIR to be prepared by the Consultant will
include >rojects currently approved and reasonably anticipated in this area of the
county. The four most significant of these are Rancho del Rey, San Miguel
Ranch, P, olling Hills Ranch, and Otay Ranch. The EastLake III EIR to be
preparec by the Consultant will review impacts and mitigation associated with
these ar d other appropriate projects and discuss the cumulative effects. This
section ~fthe EIR will consider and describe adopted plans and polices that are in
place ~ hich would mitigate cumulative impacts. As with other issues, the
discussi, ~n of cumulative effects as prepared by Consultant will be framed in light
of previ )us environmental impact reports prepared for EastLake as well as other
area pm ects. This will insure equitable treatment of cumulative issues as well as
consiste ~t analysis and detail.
Q. Growth Inducement
The EIb. will specifically address growth-inducing effects. These effects have
been cc nsidered previously, and the current discussion as prepared by the
Consult~ at will review those discussions in light of the proposed land use change.
The acta al completion of the plan, relative to the existing undeveloped character
of mucl~ of the property, will result in extension of services into currently rural
areas. P~ evious documents have addressed this issue, and these discussions will be
carded >rward by the Consultant into the EIR.
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R. Mitigati 3n Monitoring and Reporting Program
A mitit :ation monitoring and reporting program will be prepared based on
informa :ion presented in the draft EIR and submitted to City staff for inclusion as
part oft ~e draft EIR to be released for public review.
S. Draft
The CoJ ultant will prepare two revisions to the Screencheck draft EIR based on
written :omments provided by the City. Comments on the draft EIR from the
project ~ pplicant may also be considered by the City. Preparation of a third set of
revision; is an optional task, which would not occur without written authorization
from thc City. Revisions will be confirmed with the City and copies of the draft
report w [11 be provided for public review.
Docum, ats shall be prepared by the Consultant in such a manner that they will be
meaninl ful and useful to decision-makers and the public. Technical reports will
be surm tarized in the appropriate section of the EIR and included as an appendix
to the E R. A summary table of the project's impacts and mitigation measures will
be inclu~ [ed in the EIR.
T. Final EI
Followix public review, the Consultant will meet upon City's request with City
staff ant :eview all comments received. The Consultant will respond to public
review comments and submit the draft responses to the City for review. If
addition~ [1 studies or analyses are requested by City as a result of the comments
received the Consultant will complete those studies as directed by the City
followin ;, City, Consultant and Applicant consultations regarding approval of
additiom .1 funding. Revisions to the responses to comments based on written City
staff con ments will be prepared.
The Cor sultant will prepare and submit copies of the final EIR to the City of
Chula Vi sta as set forth below.
The Co~.sultant will prepare draft CEQA Findings for use by the City on
informat: on in the draft EIR and project information provided by the City and the
project >plicant. If there are alternatives to the proposed project which could be
carded at to reduce the adverse impacts of the project but which are infeasible,
the con: dtant will prepare draft Findings describing the cite the possible social,
econom :, or other reasons which render the mitigation measures or project
alternatix e infeasible.
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U. Meetin and Heatings
TheCc ;ultant must have in attendance Senior or Project Manager level staff and
necessa~5, subconsultants at meetings and heatings throughout this project to
complet .' the environmental process in a timely manner. This includes the weekly
team m~ ,etings held at the City's offices. The Consultant will attend up to 25
meeting~ during the processing of the project. In addition to the meetings needed
to comtete the environmental documents, public meetings and heatings will be
attende{ by the Consultant as described below:
· Res~ urce Conservation Commission
· Plarr ting Commission heatings on draft EIR
· Plar~ ting Commission
· City Council hearing
6. Schedule, Miles :one, Time-Limitations within which to Perform Services:
Date for Comm{ ncement of Consultant Services:
( X ) Same as Effective Date of Agreement
Completion of 1 Consultant services: No later than
Deliverable No 1: Draft and Final Notice of Preparation (NOP) March 28, 2000
Deliverable No. 2: Traffic Study Technical Report (LLG) July 3, 2000
Deliverable No. 3: Noise Technical Study July 3, 2000
Deliverable No. ~: Air Quality Technical Report July 3, 2000
Deliverable No. Biology Technical Report July 3, 2000
Deliverable No. Cultural Resources Technical Report July 3, 2000
Deliverable No. 1st Screencheck EIR (25 copies and 25 appendixes) July 3, 2000
Deliverable No. 2nd Screencheck EIR (5 copies) Aug 22, 2000
Deliverable No. ! Final Screencheck EIR (5 copies) Sept 25, 2000
Deliverable No. Public Review Draft EIR (75 copies
[25 to be in 3-ring binders] and 25 appendixes) Oct 20, 2000
Deliverable No. 1: Notice of Completion (NOC) Oct 20, 2000
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Deliverable No 12: Checkprint of Final EIR with Responses,
CEQA Findings and MMRP (15 copies)
Deliverable No 13: Final £IR with Responses, Findings, and
MMRP (64 copies [25 to be in 3-ring binders] Feb 9, 2000
Deliverable N, 14: Notice of Determination (NOD) Aug 8, 2001
Deliverable N~ 15: Meetings and Heatings:
Weekly meetings will be held at the City offices. In addition the
Consultant will attend up to 25 meetings as scheduled by the City
during the processing of the project in addition to all public
meetings and heatings until both Planning Commission and City
Council take final action on the project.
If no dates are ~t for deliverables, the deadline performance shall be July 3, 2000.
7. Documents to 1 ~ provided by Applicant to Consultant:
( X ) site plans, iX ) grading plans, ( ) architectural elevations, ( X ) project description,
( X ) other:
A. Proposer EastLake III SPA Plan and all related documents.
·C eology and Soils
· lq ydrology/md Drainage
· P ~blic Facilities Financing Plan
· F seal Analysis
· x3 ~ater Master Plan
· A mended EastLake III General Development Plan
· S, ~wer Master Plan
· Pi rase I Environmental Site Assessment
· E tstLake III Sectional Planning Area (SPA) Plan
8. Contract Admini ~trators:
City: ~ arilyn Ponseggi/Barbara Reid
2:6 Fourth Avenue, Chula Vista, CA 92010
(619) 691-5101
Applicant: G 7 Asaro TI EastLake Company
9( Lane Avenue, Suite 100, Chula Vista, CA 91914
(6 ~421-0127
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Consultant: 2harles S. Bull/Lee Sherwood
LECON Environmental, Inc. (RECON)
[241 Jutland Drive, Suite 201, San Diego, CA 92117-3653
619) 270-5066
9. Statement of ~conomic Interests, Consultant Reporting Categories, per Conflict of
Interest Code:
( X ) Not A ,licable. Not an FPPC Filer.
Categor ~ No. 1 Investments and sources of income.
Categor ~ No. 2 Interests in real property
Catego[ ~ No. 3 Investments, interest in real property and sources of income
subject to the regulatory, permit or licensing authority of
the department.
Categox ~ No. 4 Investments in business entities and sources of income
which engage in land development, construction or the
acquisition or sale of real property.
( Categor 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
rY services, supplies, materials, machinery, or equipment.
( ) Catego No. 6 Investments in business entities and sources of income of
I the type which, within the past two years, have contracted
with the designated employee's department to provide
services, supplies, materials, machinery, or equipment.
( ) Categor No. 7 Business positions.
I0. Insurance Requ 'ements:
( X ) StatutoD Worker's Compensation Insurance
( X ) Employe ;'s Liability Insurance coverage: $1,000,000
(X) Commer,:ial General Liability Insurance: $1,000,000 (Best Rating of AV or
better)
C[ty of Chula Vista named as additional insured.
B ~siness Auto Liability, if not included in Commercial General Liability.
(X) Errors ~d Omissions Insurance: None Required (included in Commercial
General ,iability coverage)
( ) Errors aa ] Omissions Insurance: $250,000 (not included in Commercial General
Liability :overage).
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EXHIBIT B
Additional Recitals
WHERI ,AS, the Applicant has deposited or will deposit an initial sum for the
processing of requests for proposals, draft and final EIR, and all other necessary
environmental tocuments as outlined in Exhibit "A" including a mitigation monitoring
program, and
WHER/;AS, the City desires to hire RECON Environmental, Inc. (RECON) to
prepare An Environmental Impact Review (EIR), and
WHER~ ;AS, formal bidding process for environmental consulting services was
conducted in O :tober of 1997 for the replanning of 1,000 acres known as EastLake III,
and after the se] .~ction process was completed, the City selected RECON; and,
WHER[ AS, the Eastlake III Replanning Program has proceeded in phases as part
of the overall l,roject as described in the original RFP. In addition, The Consultant's
qualifications a id recent experience formulating environmental documents in the same
master planned community and for similar SPA amendment projects will contribute
significantly to 'he completion of the Project.
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EXHIBIT C
' ',ompensation Schedule and Deposit: Terms and Conditions
( X ) Single Fixed F e Arrangement.
For performan of all of the General and Detailed Services of Consultant as herein
required, Applicant sh pay a single fixed fee in the amounts and at the times or milestones set
forth below:
( X ) Single :ed Fee Amount: $293,450
Amount or Percent
Milestone or ~ent of Fixed Fee
1. Signing )f Contract $29,345.20 (10%)
2. Submit~ I of First Screencheck $117,380.80 (40%)
3. Cleating house starts public review $73,363.00 (25%)
4. Complel ion of Responses to Comments $44,017.80 (15%)
5. Complet on of City Council's hearing on EIR $29,345.20 (10% Retention)
( ) Phased Fixed F e Arrangement.
For the perfom ~nce of each phase or portion of the General and Detailed Services of
Consultant as are sepa~ ~tely identified in Exhibit C, under the category labeled "Phased Fixed
Fee Arrangement," Apl licant shall pay the fixed fee associated with each phase of Services, in
the amounts and at he times or milestones set forth hereinbelow ("Phase Fixed Fee
Arrangement"). Cons[ [tant shall not commence Services under any Phase, and shall not be
entitled to the compens~ [tion for a Phase, unless Applicant shall have issued a notice to proceed
to Consultant as to said >hase.
Fee for
Phase Said Phase
1. $
2.
3. $--
4.
( ) Time and Materi~ ds
For performance of the General and Detailed Services of Consultant as herein required,
Applicant shall pay Con: .ultant for the productive hours of time and material spent by Consultant
in the performance of ss id Services, at the rates or amounts set forth hereinbelow according to
the following terms and, :onditions:
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( ) Not-to-Exceed i ~imitation on Time and Materials Arrangement
Notwithstandin.; the expenditure by Consultant of time and materials in excess of said
Maximum Compensati on amount, Consultant agrees that Consultant will perform all of the
General and Detailed t;ervices herein required of Consultant for $ including all
Materials, and other "re imbursable" (Maximum Compensation").
( X ) Limitation with, ~ut Further Authorization on Time and Materials Arrangement
At such time as Consultant shall have incurred time and materials equal to $50,000.00
("Authorization Limit"i, Consultant shall not be entitled to any additional compensation without
further authorization is~ ued in writing and approved by the City Council. Nothing herein shall
preclude Consultant fro providing additional Services at Consultant's own cost and expense.
Consultant's Rate Schedule
Employee Job T[e ~
Expert Witness $200.00
Principal $125.00
Senior $96.00
Associate $84.00
Assistant $75.00
Research Assista at $48.00
Production Supe: visor $52.00
Production Spec/alist IH $41.00
Production Specialist II $36.00
Production Speci ~list I $31.00
Graphic Illustrat( r III $46.00
Specialist III $77.00
Specialist II $67.00
Specialist I $57.00
Resource Monito · II $50.00
Resource Monito ' ! $40.00
Technician HI $31.00
Technician III $26.00
Technician I $21.00
Field Supervisor $27.00
Field Crew Chief $20.00
Field Technician $17.00
Unless otherwise agreed upon, the Consultant shall charge, at cost, for blueprinting and
reproduction desired by he client or public agencies, out-of-town transportation and expenses,
and telephone calls. An dministrative fee of 10% shall be added to all subcontractor's charges.
H:LHome~Planning~Barbara\E ~tLake\3ptyagmRECON-03-01-00 Three Party Agreement
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Cost Breakdown
Task Name Total Itours Total Cost
EIR - d- EIR - Document Preparation
Proje, :t Description 28 hours $2,920.
Alten tatives 48 hours $4,840.
Existi ag/Impact/Mitigation 224 hours $19,680.
Cumt lative effects 40 hours $3,736.
Other Sections 28 hours $2,636.
Quali Control 16 hours $3,000.
Field visit 14 hours $1,160.
GPSh ~IS 40 hours $3,360.
Produ :tion and graphics 100 hours $13,960.
Revis ons 188 hours $17,544.
St b-Total 766 hours $76,276.
Mitig~ .tion monitoring 28 hours $2,804.
Notic~ 8 hours $802.
St b-Total 36 hours $3,606.
total Document Preparation 762 hours $75,442.
f-EIR
Respo ~se to comments 268 hours $32,844.
Findir gs 60 hours $6,128.
?otal 328 hours $38,972.
Meetings/:onsultation 162 hours $19,690.
Air 46 hours $3,666.
Biology s ~rvey 193 hours $15,752.
Cultural 1~ esource Management (CRM) 212 hours $11,166.
Noise 124 hours $9,564.
Traffic (s{ e note below) 0 $119,200.
'otal 737 hours $179,038.
Time an Materials upon request of the City up to $50,000.
TRAFFIC NOTE:
EastLake III Traffic Re ~rt - LLG
Cost and Time
The Consultant fee for the services outlined in the "Cost Breakdown Table," will be
billed monthly for a tot~ fee of $119,200. As outlined below the key to the cost estimation is the
number of scenarios, w ich require analysis as part of the "cumulative analysis: section of the
report. Fifteen (15) sce~ tarios are assumed in this proposal. Each scenario is estimated to cost
$5,000.00 to analyze. 'I herefore, the overall cost could be decreased or increased based on the
final number of scenario: which City Engineer determines must be analyzed.
H:Xl-Iome~Planning~Barbara~E tstLake\3ptyagmRECON-03-01-00 Three Party Agreement
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1. Project i dobilization $800.00
2. Existing Analysis $6,000.00
3. Project- o-Ground Analysis $6,000.00
4. Cumula ive Analysis $75,000.00
5. PFFP - ~elated Analysis $15,000.00
6. Report ~ reparation/Response to Comments $8,000.00
7. Meeting ~ $5,000.00
8. Public I/earings $3.400.00
TOTAL $119,200.00
Materials Separately Pa id for by Applicant
( X ) Material,~ Actual
I eports
( opies
( X ) Travel Actual
( X ) Printing Actual
( X ) Postage Actual
( X ) Delivery Actual
( X ) Long Dis tance Telephone Charges Actual
( X ) Other Ac :ual Identifiable Direct Costs Actual
Deposit
( X ) Deposit Amount $293.452 - Applicant agrees to deposit within 10 days of City request
to do so up to $5 ,000 for additional Time and Materials work.
( X ) Use of Deposit t( Pay Consultant
Notwithstanding the sole duty and liability of Applicant to pay Consultant, if this
paragraph is "checked,'~ upon City's receipt of billing by Consultant, and determination by City
in good faith that Const~ltant's billing is proper, a judgment for which Applicant agrees to hold
City harmless and waive any claim against City, City shall pay Consultant's billing from the
mount of the Deposit.~f Applicant shall protest the propriety ora billing to City in advance of
payment, City shall co~ sider Applicant's protest and any evidence submitted prior to the due
date for the payment ~f said bill by Applicant in making its good faith determination of
propriety.
( ) Use of Deposit Security Only; Applicant to Make Billing Payments
Upon determination by City made in good faith that Consultant is entitled to
compensation which sha ll remain unpaid by Applicant 30 days after billing, City may, at its
option, use the Deposit t¢ pay said billing.
H:~-Iome~PlanningkBarbarakE~ stLake\3ptyagmlLECON-03-01.00 Three Party Agreement
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( ) Bill Processi: g:
A. Consull rat's Billing to be submitted for the following period of time:
( ) 4onthly
( ) ?uarterly
( X ) )ther: Milestones
B. Day of' ~e Period for Submission of Consultant's Billing:
( ) irst of the Month
( ) 5th Day of each Month
( ) nd of the Month
( X ) ~ther: Upon completion of milestone
C. City's J :count Number: 00892-2751/01090__-800000
16. Security for Peri brmance
( ) Perform~ nce Bond $
( ) Letter of Credit, $
( ) Other Se, ',mity:
Type:
Amount: $
(X) Retentior. If this space is checked, then notwithstanding other provisions to the
contrary ~ equir/ng the payment of compensation to the Consultant sooner, the City
shall be entitled to retain, at their option, either the following "Retention
Percenta e" or "Retention Amount" until the City determines that the Retention
Release vent, listed below, has occurred:
(X) Retentio Percentage: 10%
( X ) R~ tention Amount: $29,789
Retention Release Event:
(X) Ct mpletion of all Consultant services to the satisfaction of the City.
H:LHomeXPlanning~Barbara'~E~stLake\3ptyagmRECON_03.01-00 Three Party Agreement
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(~I'rY (~OUNCIL AGENDA STATI=MBNT
ITEM NO. /~--
MEETING DATE 3/21/00
ITEM TITLE: =UBLIC HEARING: CONSIDERATION OF AN AMENDMENT TO THE
"ASTLAKE BUSINESS CENTER COMMUNITY DESIGN GUIDELINES
)RDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
~.PPROVING AN AMENDMENT TO SECTION IV. 2A. OF THE EASTLAKE II
=LANNED COMMUNITY DISTRICT REGULATIONS
SUBMITTED BY: ;OMMUNITY DEVELOPMENT DIRECTOR L~-'~-~ ~
REVIEWED BY: :JTY MANAGER~/~ (4/5'"" VOTE: YES__ NO X )
On November 16, 1999, C )uncil approved entitlements for EastLake Business Center II. The adopted Ordinance
#2803 provided for the e~ ,ansion of the EastLake Business Center by including the 108 acres (gross) Business
Center II within the existin EastLake I Planned Community District. As part of the Business Center II entitlement
process, Council approve( language allowing for building height to exceed 35 ft. based upon a required physical
buffer between the reside ~tial and business center uses. The purpose of the currently proposed ordinance
amendment is to further the language pertaining to the buffer / setback requirements and to formally
incorporate this language the EastLake Business Center II Design Guidelines.
Council I: , on fimt reading.
The clarification was odgina ly brought to the City Council.
A. Previous Council Apprc cals
On November 16, 1999, C~ ~uncil approved Ordinance #2803 which amended the EastLake I Planned Community
District Regulations to inclu :le an additional 108 acres (gross) in the EastLake Business Center as BC-1, Limited
Research and Manufacturi ~g. The Business Center II entitlements were approved to accommodate Leviton
Manufacturing and future b~ isiness employers. Council concurrently amended the EastLake I / Business Center II
Design Guidelines to allow 3uilding height to exceed 35 ft. within industrial lots not adjacent to residential thereby
establishing the equivalent ( f a minimum 150 ft. setback requirement (the minimum depth of a lot). At the November
16 hearing, staff provided C )uncil an Information Memo (see Attachment 1) with language clarifying the definition of
adjacent. Staff is recomm~ nding that Council approve the proposed revised language which further clarifies the
setback requirement.
The Community DevelopmE 3t Planning and Environmental Manager has determined that environmental review for
this project was covered ur der previous Mitigated Negative Declaration (MND) IS-00-03, and therefore no further
action is necessary.
PAGE 'J,, ITEM
MEETING DATE O3/~ 1/OO
B. Proposed Lan,quaqe: [ems of Clarification
Staff recommends that Se~ tion IV. 2 of the Property Development Standards: Business Center District, Section A.,
General Requirements, 3r~ :ootnote (see Exhibit "A" of the Ordinance) be revised as follows:
"Height limits for I,uildings may exceed 35' on legal buildable lots within Business Center II if the
setback from the I uildable legal lot lines located along the boundaries of Business Center II are at
least 150' from ~ id lot line, as further illustrated on Exhibit "A". Notwithstanding the foregoing,
legal buildable the EastLake Master Plan Community may have less than 150'
setback at said lot design review approval.
The above language the following clarifications:
· The language in Information Memo presented to Council on November 16 required "subsequent
environmental and project specific Design Review approval" for those projects with a 150 ft. setback.
This language has bee 3 eliminated as it is both unnecessary and confusing. EastLake Business Center projects
already require enviror mental review as appropriate and must go to the Design Review Committee for site plan
review. It was not stafs intent to require DRC approval of a building height in excess of 35 ft. if the site plan
meets the setback re~ irements.
· The original Property evelopment Standards provided that the 35 ft. height limit could not be exceeded on lots
adjacent to residential Jses. The odginal language also provided that the smallest allowable lot depth is 150 ft.
The proposed langua! le requires a minimum 150 ft. setback from residential - which is the same as the
minimum lot depth. Ti' erefore, the regulation prohibiting height in excess of 35 ft. for lots adjacent to housing is
moot and the revised I~ nguage has been simplified accordingly.
C. Proposed Lanquaqe: flew Provision
The proposed language c( ntains one new prevision which allows for the setback to bo less than 150 ft. for lots
adjacent to the EastLake n ~sidential property subject to design review. This change is supported by the EastLake
Development Company.
Adoption of this Ordinance' viii have no negative fiscal impact on the City of Chula Vista.
H:~HOME\COMMDEV~STAFF.REP~ -21~0~east~ake II bus cen amendmenLdoc
ATTACHMENT 1
Information Memo
To: The Honorabl ~ May~nd Councilmembers
Via: David D. Row ands, Jr:, City Manager
From: Chris Salomo~ ,e, Director of Community Development ~-~--~ ~.__%
Date: 11/16/99
Re: Errata - Item 19. Section IV2A, Property Development Standards, to allow increase in
Building Heigl' t for Certain Lots with Approval by the Design Review Committee
ExisflnR wordin.q - Prol3 ;rtv Development Standards: Business Center Distric .'m
Height limit for building~ on lots within Business Center II, that are not adiacent to residential
development (EastLake III, Rolling Hills Ranch, or EastLake Greens), may be increased subject to
subsequent environmen analysis and project specific Design Review approval.
Analysis
The intent of the existin( vording was to provide some surety as to a physical buffer between the
residential and busines~ =enter structures prior to consideration of additional height limit potential.
The General RequiremEnts section of the Property Development Standards sets a lot depth
minimum of 150'. Future resubdivision of this property would be held to the 150' lot depth standard.
Simple quantification of ti ~e design standards and the wording of the existing additional height limit
consideration would allo~ a lot line and additional height building to be placed at this 150' measure.
Therefore this minimum ;tandard is already explicit within the Properb/Development Standards.
Since it is the setback frc m the residential property rather than the property line itself that provides
mitigation for impacts fro m improvements on a lot, staff recommends, in order to alleviate any
confusion in the future, th ~ existing wording be clarified with the following:
Recommendation
Include language in the Property Development Standards for the Business Center District that
clarifies that "not adjacer t .... ·
to residential development ~s determined to be synonymous w~th the
measure of a minimum I;~t depth, a setback of 150' from the buildable industrial lot property line,
rather than a relationship to intervening lot lines, and that this subsequent environmental review is
to mitigate impacts on ad ~cent residential development..
H:~HOME\COMMDEV'tlNFOMEMO'~P~ ~ Dev Standards.doc
ORDINANCE NO.
AN ORE INANCE OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA,~ PPROVlNG AN AMENDMENT TO SECTION IV.2 (A) OF THE
EASTL,; KE II PLANNED COMMUNITY DISTRICT REGULATIONS
WHEREAS, in I' Iovember 1999, at a duly noticed public hearing, the City Council of the City
of Chula Vista adopted :)rdinance 2803 and established Property Development Standards that
allowed for an increas~ n building heights for cedain lots in Eastlake Business Center II; and
WHEREAS, d~ ng that public hearing staff presented to the City Council of the City of Chula
Vista a suggested clarifi ~'ation of the wording of Section IV.2 (A)of the Eastlake II Planned District
Regulations adopted by Ordinance 2803, which provided for a physical separation between
residential developmen! and potential future industrial development; and
WHEREAS, Se( tion IV.2 (A) of the Eastlake II Planned District Regulations is being
amended to clarify the City Council's intent when originally adopting the District Regulations for
Business Center II; and
WHEREAS, the City Council of the City of Chula Vista has previously reviewed, analyzed,
considered, and adopte~l Mitigated Negative Declaration IS-00-03;
NOW, THEREFI )RE, the City Council of the City of Chula Vista does ordain as follows:
SECTION 1: 1 hat Section IV.2 (A) footnote (3) of the Eastlake II Planned District
Regulations is hereby a~ qended as shown on Exhibit "A", attached hereto and incorporated herein
by reference as if set for in full.
SECTION 2: FECTIVE DATE
This amendm~ shall become effective 30 days after its adoption.
Presented by Approved as to form by
Chris Salomone John M. Kaheny
City Attorney
Director of Community avelopment
H:\shared\commdev\eastlake ( linance
EXHIBIT 'A'
IV.2 Property Devel ~pment Standards: Business Center Districts
The following properly ( evelopment standards apply to all land and buildings other than accessory
buildings authorized in 1 his district. Any legal lot may be used as a building site, except no building
permit shall be issued f( ~r any lot having a lot size less than 6,000 square feet. Each building site
shall have a minimum ~ foot wide vehicular access to the street.
A. General Requirem~ ~ts
The following requir~ ,ments are minimums unless otherwise stated:
BC-1 BC-2
Manufacturing Manufacturing
Park) Service)
1. Lot area net 1 ac.* 1
2. Lot widtl (in feet) 100 150
3. Lotdept[ (infeet) 150 ' 150
4. Front yar :1 setback (in feet) 20 25
5. Side yar( setback each side (in feet) 10 15
6. Public sbeet setback (in feet) 20 20
7. Rear yan l setback (in feet) 10'* 10'*
8. Building I~eight, maximum'" 35 feet or 2 stories whichever is
less
9. Lot cover age (pement, net) 60 70
Map for condominiur ~ development does not need to meet lot area requirement. Minimum lot area
may be reduced to 1 ),000 sf for master planned building complexes, sub ect to approval of a Precise
Plan. Such Precise [ 'lan sha be for a total site of no less than 60,000 sf.
May be reduced to z ere (0) with Site Plan approval for the purpose of this provision, lot means the
minimum lot width an J depth specified in the above minimum property development standards. Rear
yard setback shall b~ a minimum of 20' along the northern boundary of the Business Center II SPA
abutting Rolling Hills ~anch.
Height limit for bull lots within Business Center
standards. ~. ~.., development
Exhibit '~A"Site Utilization Plan
Business Center II Supplemental SPA
Location of Increased Height Limits
...,~ Rol#ng Hi Is Retch
Business
Center II
Existing Boundary
Bu$ineM
Center I SPA
'Buildable
Legal Lot Line"
Existing Ea3lLeke Greens SPA
Height Limit is applicable
SPA Key Map
A plmnn~ ~ommunl~ by The Ems' Lake Core.ny
March 9, 2000
MEMO TO: City Clerk and City Attorney
FROM: Patty Wesp ~
SUBJECT: APPOINTMENT RATIFICATION -HUMAN RELATIONS COMMISSION
At the request of Mayor Horton, please place the following under Mayor's
Report for the next City Council meeting:
/~atification of Appointment to the I. IUI~AIV RELA ~'IOIV$
Thank yOU.
EnClS.
cc: Mayor Horton
March 9, 2000
MEMO TO: City Clerk ~
FROM: Patty wesp
SUBJECT: APPOINTMENT RATIFI(~ATION -LIBRARY BOARD OF TRUSTEES
At the request of Mayor Horton, please place the following under Mayor's
Report for the next City Council meeting:
tJbrary ~oard of ~ru~tee~
Thank yOU.
EncIs.
cc: Mayor Horton
City Attorney
March 3, 2000
MEMO TO: City Clerk
FROM: Patty Wesp
SUBJECT: RATIFICATION -- CIVIL SERVICE COMMISSION
At the request of Mayor Horton, please place the following under Mayor's
Report for the next City Council meeting:
C/WI Service Comm/$$ion
Bill Yea/
Thank you.
EncIs.
CC: Mayor Horton
City Attorney
DATE: jan,daW 26, 2000
'FO: Mayor Ho~on
ey E
FROM: Can merson ~'
SUBJECT: Civil Service Commission Vacancy
Attached are the application forms for the three candidates for the
current vacancy on the Commission. This pa%icular slot is an "Employee-
Recommended Appointment" vacated by James Monaghan.
The candidates were on the ballot distributed to the Classified employee's of
th~ City. The results of the votir,¢ are:
Caroi Gove: 57 votes
Armando Casillas: 26 votes
Bill Veal: 9 votes
(As you can see, the majority of City employees did not elect to vote. This
is not unusual)
According to the Charter (relevant section attached), the Council may
appoint any one of the three. I have taken the liberty of providing some
information that may be of interest to you in this process.
Carol Gove - Steve Miller, President, IAFF would like to speak to you about
this candidate before you make an appointment.
Armando Casillas - This candidate is currently serving on the Veteran's
Advisory Commission and was recommended by Alice Kemp.
Bill Veal - This candidate has applied for this Commission several times in
the past.
tf i can provide any assistance in this process, please do not hesitate to
Sec. 609. Civil Service CornEl ..... >n.
There shall be a Civil Service "zx~TM consis%in~ ~: :.~
(5) members to be appoin~e~ ~,2' the City Council from the
electors of the City, none cf whew shall hold an)' salariec
c:f~ce or employment.
The members of the Civil Service Commission shall be nominanei
and appointed in the following manner:
i'wo members shall be appointed by the City Council from a
of four (4) persons to be nominated by election of the employees in
the Classified Service, two (2) members shall be appointed by the
City Council directly, and the fifth shall be appointed by the
Council from a list of ~hree (3) persons nominated by the = '-
thU~ ~ppointed ~ successor of~sn%~ member of the CommissioN:
shall be nominazed and appointed in the same manner as such member
was nominated and appointed.
~ ~erm sl the members si =h_ Civi~ c= ~,~ ~ '
_e~p__~e successors are anpointed The ~erms el members
commence on the firs% day of Suly ani as soon as practicable upon
~ne ~sDo~n~men~ of three (3) ~: ~- after ratif~cat!on ^~ zn~s
amendment, the Civil Service Commission shall organize by ~ -~
one of i~s members to serve es chairman a~ the pleasure of ~he
Commission. Ail proceedings of said Commission shall be open to
the public and a majority vote of the entire membership of such
~-~=- ~- for iz e~ ~ake action.
Commission shall be n_~__~a_y
Sec. 510. Civil Se_x._c~ = Commission; Powers and Duties.
ins civil Service Commission ska!i have power and be recuired
to:
(a) Recommend to the City Council after a public hearing
thereon, the adoption, amendmen~ or repeal of civil service rules
and regulations not in conflict with this article;
(b) Hear appeals of any merson in the Classified Service
re!a~ive to any suspension, demotion or dismissal;
,(c) Conduct any invessigasion, which i% may consider desirable
con.ming the administration of personnel in the municipal service
and ~eoor~ its findings %o the City Council; and
~d) Such other duties and powers as the city Council may, by
ordinance or resolution, confer upon the Commission in order ~o
carry ou5 nne principles cf civil service < accordance wlLh the
ls~'s ..... -= ~he q~ of ~a_.=__~le~ ~4=~' and -~i= Char~er and to assis~ in
zhe ir~D!er~en%azion of proper ==-~va~-er~uicyee relations.