HomeMy WebLinkAboutAgenda Packet 2004/02/10
NOTICE OF CONTINUATION
OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Public Hearing originally scheduled for
January 13,2004, then continued to Tuesday, February 10,2004, to consider:
CONSIDERATION OF ACQUISITION OF CERTAIN RIGHTS-OF-WAY
OVER PORTIONS OF ASSESSOR'S PARCEL NUMBERS 639-080-21 AND
639-080-22 FOR CONSTRUCTION OF TELEGRAPH CANYON ROAD
STREET WIDENING PROJECT (CY-102)
has been continued.
i ___ NoM¡'¿
'Donna Noms, Assistant City Clerk
Dated: February 3,2004
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CITY COUNCIL AGENDA
February 10, 2004 6:00 p.m.
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
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CllY OF
CHUlA VISTA
City Council
Patty Davis
John McCann
Jerry R. Rindone
Mary Salas
Stephen C. Padilla, Mayor
City Manager
David D. Rowlands, Jr.
City Attorney
Ann Moore
City Clerk
Susan Bigelow
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The City Council meets regularly on the first calendar Tuesday at 4:00 p.m.
and on the second, third and fourth calendar Tuesdays at 6:00 p.m.
Regular meetings may be viewed at 7:00 p.m. on Wednesdays on
Cox Cable Channel 24 or Chula Vista Cable Channel 68.
Agendas are available on the City's website at:
www.chulavistaca.gov
**********
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CALL TO ORDER
I declare under penalty of perjury that I am
employed by the City of Chula Vista in the.
Office 01 the City Clerk and that I posted this
docu,t,tífi;ðInI\e bulletin board according to
Brown:;t requirement&. ~
Dated 'ß.ß'-I- Signed
6:00 P.M.
February 10, 2004
ROLL CALL: CounciImembers Davis, McCann, Rindone, Salas, and Mayor Padilla
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
· PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO
SOUTHWESTERN COLLEGE STUDENT IV AN OROZCO FOR THE
SOUTHWESTERN COLLEGE SUN
· INTRODUCTION BY POLICE CHIEF EMERSON OF RECENTLY HIRED
LATERAL OFFICER, XANTHE MORALES
· RECOGNITION BY POLICE CHIEF EMERSON OF RECENTLY PROMOTED
OFFICERS: LIEUTENANTS DAN HARDMAN AND GARY FICACCI,
SERGEANTS STEVE WITTE AND RANDY SMITH, AND AGENTS CHRISTINE
PENWELL AND ERIC FARWELL
· REPORT BY DIRECTOR OF CONSERVATION AND ENVIRONMENTAL
SERVICES MICHAEL MEACHAM, ON THE CITY'S STATUS REGARDING THE
STATE MANDATED LANDFILL DIVERSIONIRECYCLING PROGRAM
· PRESENTATION OF THE HOLIDAY BOWL PARADE AWARD TO THE CITY BY
THE HOLIDAY BOWL PARADE COMMITTEE, TO BE INTRODUCED BY
COMMUNICATIONS SPECIALIST STEPHANIE KINGSTON
. REPORT BY CHUCK COLE, THE CITY'S LOBBYIST AND PRESIDENT OF
ADVOCATION, INC., ON THE GOVERNOR'S JANUARY BUDGET PROPOSAL
AND RECENT ACTIONS BY THE STATE LEGISLATURE
CONSENT CALENDAR
(Items 1 through 9)
The Council will enact the Consent Calendar staff recommendations by one
motion, without discussion, unless a Councilmember, a member of the public, or
City staff requests that an item be removed for discussion. If you wish to speak on
one of these items, please fill out a "Request to Speak" form (available in the
lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the
Consent Calendar will be discussed after Action Items.
1. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DECREASING THE EXISTING SPEED LIMIT ON E STREET, BETWEEN BAY
BOULEVARD AND EAST FLOWER STREETIBONITA ROAD, FROM 35 MPH TO
30 MPH (FIRST READING)
Current. ]>QSted speed limits vary fÌ'om 30 to 35 mph along E Street between Bay
Boulevard and East Flower StreetIBonita Road. Results of two recent Engineering and
Traffic surveys reveal that traffic speeds along the corridor currently exceed
recOIumcndcd-tmesftolds· for-too ex~sting physical and land use conditions. (Director of
General Services, City Engineer)
Staff recommendation: Council place the ordinance on first reading.
2. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ESTABLISHING A 50-MPH SPEED LIMIT ON OLYMPIC PARKWAY BETWEEN
LA MEDIA ROAD AND HUNTE P ARKW A Y (FIRST READING)
On October 22, 2003, staff completed an Engineering and Traffic Survey for the recently
constructed segment of Olympic Parkway between La Media Road and Hunte Parkway.
Results of the survey indicate that the maximum speed limit along this segment of the
corridor should be established at 50 mph. (Director of General Services, City Engineer)
Staff recommendation: Council place the ordinance on first reading.
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING CHANGE ORDER NO.5 ON THE NEW POLICE FACILITY AND
APPROVING AN AMENDMENT TO THE DESIGN BUILD AGREEMENT WITH
HIGHLAND PARTNERSHIP, INC., EXTENDING THE SUBSTANTIAL AND FINAL
COMPLETION DATES BY 30 DAYS
On November 20, 2001, the Council entered into a design build agreement with Highland
Partnership, Inc. for the provision of services required to design and construct the new
police facility and related improvements. This change order amends the timefÌ'ame for
completion of the project. (Director of General Services)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
OF CHULA VISTA AND HILLTOP MIDDLE SCHOOL FOR THE PROVISION OF
EXTENDED AFTER-SCHOOL PROGRAM HOURS, AMENDING THE FISCAL
YEAR 2004 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $917
IN UNANTICIPATED REVENUE, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT (4/5THS VOTE REQUlRED)
Hilltop Middle School has been awarded a State grant for the provision of additional
after-school programming hours. The school has asked the Recreation Department to
provide these services, via a Memorandum of Understanding, for $917. These hours are
in addition to the existing after-school hours provided by the department to the school.
(Director of Recreation)
Staff recommendation: Council adopt the resolution.
Page 2 . Council Agenda
February 10,2004
Current posted speed limits vary fi-om 30 to 35 mph along E Street between Bay
Boulevard and East Flower Street/Bonita Road. Results of two recent Engineering and
Traffic surveys reveal that traffic speeds along the corridor currently exceed
recommended thresholds for the existing physical and land use conditions. (Director of
General Services, City Engineer)
Staff recommendation: Council place the ordinance on first reading.
2. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ESTABLISHING A 50-MPH SPEED LIMIT ON OLYMPIC PARKWAY BETWEEN
LA MEDIA ROAD AND HUNTE P ARKW A Y (FIRST READING)
On October 22, 2003, staff completed an Engineering and Traffic Survey for the recently
constructed segment of Olympic Parkway between La Media Road and Hunte Parkway.
Results of the survey indicate that the maximum speed limit along this segment of the
corridor should be established at 50 mph. (Director of General Services, City Engineer)
Staff recommendation: Council place the ordinance on first reading.
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING CHANGE ORDER NO.5 ON THE NEW POLICE FACILITY AND
APPROVING AN AMENDMENT TO THE DESIGN BUILD AGREEMENT WITH
HIGHLAND PARTNERSHIP, INC., EXTENDING THE SUBSTANTIAL AND FINAL
COMPLETION DATES BY 30 DAYS
On November 20, 200 I, the Council entered into a design build agreement with Highland
Partnership, Inc. for the provision of services required to design and ,construct the new
police facility and related improvements. This change order amends the timefi-ame for
completion of the project. (Director of General Services)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
OF CHULA VISTA AND HILLTOP MIDDLE SCHOOL FOR THE PROVISION OF
EXTENDED AFTER-SCHOOL PROGRAM HOURS, AMENDING THE FISCAL
YEAR 2004 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $917
IN UNANTICIPATED REVENUE, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT (4/5THS VOTE REQUIRED)
Hilltop Middle School has been awarded a State grant for the provision of additional
after-school programming hours. The school has asked the Recreation Department to
provide these services, via a Memorandum of Understanding, for $917. These hours are
in addition to the existing after-school hours provided by the department to the school.
(Director of Recreation)
Staff recommendation: Council adopt the resolution.
Page 2 - Council Agenda February 10, 2004
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2004 LffiRARY DEPARTMENT BUDGET BY
APPROPRIATING UNANTICIPATED DONATION REVENUE IN THE AMOUNT
OF $11,400 (4/5THS VOTE REQUIRED)
Since July 1, 2003, the Library Department has received donations from various
organizations and individuals for the purchase of new books to add to the Library's
collection. (Assistant City Manager Palmer)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING CHANGE ORDER NO.3 FOR THE PAVEMENT REHABILITATION
PROGRAM (CHIP SEAL) - FISCAL YEAR 2002 (PROJECT STL-277), AND
AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OPERATIONS TO
EXECUTE SAID CHANGE ORDER ON BEHALF OF THE CITY
On August 2, 2003, the Council approved Resolution No. 2003-323, awarding a contract
in the amount of $748,817, to Windsor Fuel Company of Windsor, California, for this
project. Proposed Change Order No.3, in the amount of $59,028.55, is for final
adjustments to bid item quantities. (Director of Public Works Operations)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WAIVING THE FORMAL BIDDING PROCESS, AWARDING AN AGREEMENT IN
AN AMOUNT NOT TO EXCEED $100,000 TO THE SOLANA CENTER FOR
ENVIRONMENTAL INNOVATION, FOR HOUSEHOLD HAZARDOUS WASTE
PUBLIC INFORMATION, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AGREEMENT AND ALL RELATED DOCUMENTS
Staff coordinated the City's grant application with La Mesa and Encinitas, also recipients
of a $300,000 award. It was the intent of all three sub-regional applicants to pool a
portion of their respective grant funds to develop one consistent public education
message for all county residents. Adoption of the resolution approves the renewal of an
agreement with the Solana Center for Environmental Innovation, a not-for-profit public
education agency. (Director of Conservation and Environmental Services)
Staff recommendation: Council adopt the resolution.
8A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FIRST AMENDED JOINT EXERCISE OF POWERS
AGREEMENT WITH THE COUNTY OF SAN DIEGO, THE CITY OF IMPERIAL
BEACH, AND THE UNIFIED PORT DISTRICT, FOR THE DEVELOPMENT OF A
WATERSHED MANAGEMENT PLAN FOR THE OTAY RIVER WATERSHED,
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
Page 3 - Council Agenda February 10, 2004
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FIRST AMENDED COOPERATIVE AGREEMENT WITH THE
COUNTY OF SAN DIEGO, THE CITY OF IMPERIAL BEACH AND THE UNITED
STATES ARMY CORP OF ENGINEERS, REGARDING THE DEVELOPMENT OF A
SPECIAL AREA MANAGEMENT PLAN FOR THE OTAY RIVER WATERSHED,
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
On April 15, 2003, the Council approved the Joint Exercise of Powers Agreement with
the County of San Diego, the Cities of Imperial Beach and San Diego, and the San Diego
Unified Port District for the development of Otay Watershed Management Plan. The
Council also approved the Cooperative Agreement with the County of San Diego, the
Cities of San Diego and Imperial Beach, and the United States Army Corp of Engineers
to prepare a Special Area Management Plan for the Otay River Watershed. Since that
time, the City of San Diego reconsidered their participation as a signatory agency to the
agreements due to budget constraints. Therefore, the proposed amendment removes the
City of San Diego as a participating party and amends the agreements to allow the City
Manager to execute future minor amendments to the agreements. (Director of Planning
and Building)
Staff recommendation: Council adopt the resolutions.
9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE THIRD AMENDMENT TO AN AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND REMY, THOMAS, MOOSE AND MANLEY, LLP
FOR LEGAL SERVICES RELATED TO THE CITY OF CHULA VISTA MULTIPLE
SPECIES CONSERVATION PROGRAM (MSCP) SUB-AREA PLAN, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
On November 11, 1999, Remy, Thomas, Moose and Manley, LLP was retained by the
City of Chula Vista to provide legal services for the MSCP sub-area Plan. On May 13,
2003, the City Council adopted the City's MSCP Sub-area Plan. It was necessary to
spend additional time on the final sub-area plan and supporting documents. Additionally,
prior to the issuance of the Take Permit and signing of the implementing agreement, the
United States Forest and Wildlife Service has determined there should be changes to the
implementing agreement. Negotiations regarding the appropriateness of these changes
will require additional legal services. Approval of this third contract amendment amends
the original scope of work and provides payment for legal services rendered by Remy,
Thomas, Moose and Manley. (Director of Planning and Building)
Staff recommendation: Council adopt the resolution.
ORAL COMMUNICATIONS
Persons speaking during Oral Communications may address the Council on any
subject matter within the Council's jurisdiction that is not listed as an item on the
agenda. State law generally prohibits the Council from taking action on any issue
not included on the agenda, but, if appropriate, the Council may schedule the
topic for future discussion or refer the matter to staff. Comments are limited to
three minutes.
Page 4 - Council Agenda February 10, 2004
PUBLIC HEARINGS
The following items have been advertised as public hearings as required by law.
If you wish to speak on any item, please fill out a "Request to Speak" form
(available in the lobby) and submit it to the City Clerk prior to the meeting.
10. CONSIDERATION OF ACQUISITION OF CERTAIN RIGHTS-OF-WAY OVER
PORTIONS OF ASSESSOR'S PARCEL NUMBERS 639-080-21 AND 639-080-22
FOR CONSTRUCTION OF TELEGRAPH CANYON ROAD STREET WIDENING
PROJECT (CY-I02) (Director of General Services, City Engineer) (Continued from
January 13, 2004)
Staff recommendation: Council continue the public hearing.
ACTION ITEMS
The items listed in this section of the agenda will be considered individually by
the Council, and are expected to elicit discussion and deliberation. If you wish to
speak on any item, please fill out a "Request to Speak" form (available in the
lobby) and submit it to the City Clerk prior to the meeting.
11. CONSIDERATION OF APPROVAL OF THE PROPOSED FINAL DRAFT PARK
MASTER PLAN FOR THE PUBLIC COMMUNITY PARK IN THE SAN MIGUEL
RANCH SUBDIVISION
Adoption of the resolution approves the final draft park master plan for the 19-acre public
community park in the San Miguel Ranch subdivision and the recommendation of the
Parks and Recreation Commission for the name of the park to be, "Mount San Mignel
Park." (Director of General Services)
Staff recommendation: Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE PROPOSED FINAL DRAFT PARK MASTER PLAN FOR
THE 19-ACRE PUBLIC COMMUNITY PARK SITE IN THE SAN MIGUEL
RANCH SUBDIVISION
12. CONSIDERATION OF APPROVAL OF THE FINAL DRAFT PARK MASTER PLAN
FOR THE PROPOSED PUBLIC NEIGHBORHOOD PARK IN THE EASTLAKE
VISTAS SUBDIVISION
Adoption of the resolution approves the final draft park master plan for the 12-acre public
neighborhood park in the EastLake Vistas subdivision and the recommendation of the
Parks and Recreation Commission for the name of the park to be, "Mountain Hawk
Park." (Director of General Services)
Staff recommendation: Council adopt the following resolution:
Page 5 - Council Agenda February 10, 2004
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FINAL DRAFT PARK MASTER PLAN FOR THE 12-
ACRE PUBLIC NEIGHBORHOOD PARK SITE IN THE EASTLAKE VISTAS
SUBDIVISION
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
13. CITY MANAGER'S REPORTS
14. MAYOR'S REPORTS
. Ratification of appointment of Cynthia Drake to the Design Review Committee.
15. COUNCIL COMMENTS
CLOSED SESSION
Announcements of actions taken in Closed Session shall be made available by
noon on Wednesday following the Council Meeting at the City Attorney's office in
accordance with the Ralph M Brown Act (Government Code 54957.7).
16. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c)
. One case
17. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property: Chula Vista Cable Franchise (pertaining to public rights-of-way
throughout the City ofChula Vista)
Agency negotiators: David Rowlands, Jr., Michael Meacham, Glen Googins
Negotiating Parties: City ofChula Vista and Chula Vista Cable (Marty Altbaum)
Under Negotiation: Price and Terms of Franchise Extension/Conveyance
18. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property: San Diego Gas & Electric - Gas and Electricity Franchise
(pertaining to public rights-of-way throughout the City of Chula
Vista)
Page 6 - Council Agenda February 10,2004
City negotiators: David Rowlands, Jr., Sid Morris, Michael Meacham, Glen
Googins
Negotiating Parties: City of Chula Vista and San Diego Gas & Electric (various
representatives)
Under Negotiation: Price and terms of fi-anchise conveyance
19. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
. Application of SDG&E for Authority to Update its Gas and Electric Revenue
Requirement and Base Rates (Doc. Nos. A-O2-12-27, A-02-12-028, and I 03-03-016)
ADJOURNMENT to the Regular Meeting of February 17, 2003, at 6:00 p,m. in the Council
Chambers.
Page 7 - Council Agenda February 10, 2004
February 10th, 2004
MEMO TO:
City Council
Pat1y WesP. Secretary Ta The Mayor ~~
REQUEST FOR EXCUSED ABSENCE
FROM:
SUBJECT:
As Mayor Padilla has been home recuperating from the flu, he
respectfully requests an excused absence from tonight's regular
City Council meeting.
Thank You.
Cc: City Manager
City Attorney
City Clerk
Tom Oriola, Chief of Staff
COUNCIL AGENDA STATEMENT
Item \
Meeting Date 2/10/04
ITEM TITLE: Ordinance decreasing the existing speed limit on "E" Street between
Bay Boulevard and East F1ower StreetlBonita Road from 35 mph to 30 mph
SUBMITTED BY: Director of General Services/City Engineer ~
'Iv
REVIEWED BY: City ManageiV í1/ (4/Sths Vote: Yes- NoX)
¡,J ¡) BACKGROUND: Current posted speed limits vary from 30 to 35 mph along "E" Street between
Bay Boulevard and East Flower Street/Bonita Road. Results of two recent Engineering and Traffic
surveys reveal that traffic speeds along the corridor currently exceed recommended thresholds for the
existing physical and 1and use conditions.
RECOMMENDATION: That the City Council adopt an ordinance decreasing the existing speed
limit on "E" Street between Bay Boulevard and East Flower Street/Bonita Road from 35 mph to 30
mph.
BOARDS AND COMMISSIONS: The Safety Commission, at their meeting of November 13,
2003, voted to concur with staff s recommendation to decrease the existing speed limit on "E" Street
between Bay Boulevard and East Flower Street/Bonita Road from 35 mph to 30 mph.
DISCUSSION:
"E" Street between Bay Boulevard and East Flower Street/Bonita Road is 2.2 miles long and varies
in width from 52 to 75 feet, curb~to~curb. There are 5 alleys and 21 minor cross streets entering "E"
Street a1ong this traffic corridor, and a trolley crossing is located east ofthe northbound ramps to 1-5.
The roadway has a maximum grade of 5% just east of Bay Bou1evard. There is a vertical curve
between Second A venue and First Avenue that provides for a design speed of 22 mph. Between
Corte Maria Avenue and East Flower Street/Bonita Road, there are both horizontal and vertical
curves that allow for design speeds of 37 mph and 39 mph, respeclively.
The majority ofthe segment is currently posted 35 mph except between Second and First Avenues,
which is posted 30 mph. "E" Street has an Average Daily Traffic (ADT) flowof26,924 vehicle trips
between Bay Bou1evard and Fourth Avenue with an accident rate 01'3.75 (per million vehicle miles);
and an additional 20,828 daily trips between Fourth Avenue and East Flower Street/Bonita Road
with an accident rate of2.25. These accident rates are lower than the 4.95 average accident rate for
similar roadways in the State of California.
The preceding facts are provided for full disclosure and do not call for a change in the speed limit
along "E" Street; however, other compelling factors do.
/- /
I
Page 2, Item-
Meeting Date 2/10/04
The "E" Street corridor contains a concentration of direct access businesses, schools, and residential.
From Bay Boulevard to Broadway, businesses front both sides of the roadway and on-street parking
is not permitted. From Broadway to Fourth Avenue, the land use is predominantly single~family and
multi- family residential with permitted parking along most of the segment. From Fourth Avenue to
Del Mar Avenue, businesses front both sides of the roadway. No on-street parking is allowed
between Third Avenue and Second Avenue. Between Del Mar Avenue and East Flower
Street/Bonita Road there is a mix of single~family and multi~family residential uses with both
permitted and prohibited parking. There are several elementary schools and churches along "E"
Street. Feaster Elementary School is located be1ween Woodlawn and Jefferson Avenues; Rosebank
Elementary School is located on Flower Street; a private church school is located east of Fifth
Avenue, and a preschool is located east of Brightwood Avenue.
Normally, speed limits should be established at or below the 85th percentile speed in increments of
5 mph. The 85th percentile speed is defined as the speed at or below which 85 percent ofthe traffic
is moving. Speed limits set at or slightly below the 85th percentile speed provide law enforcement
officers with the means to control drivers who will not conform to what the majority considers
reasonable and prudent. Currently, the 85th percentile speeds along "E" Street range from 31 mph to
35 mph.
In accordance with the California Vehicle Code the existing speed limit is verified every seven (7)
years, and increased or decreased depending on the results ofthe survey investigation. Although an
existing speed survey covering the segment of"E" Street from Bay Boulevard to Second Avenue is
still in effect until December 19, 2007, other speed surveys east of Second Avenue have already
expired. Therefore, staff has completed two new Engineering and Traffic Surveys covering the
entire length of"E" Street from Bay Boulevard to East Flower Street/Bonita Road. Both will be in
effect until 20 10 and both recommend decreasing the existing speed limit of30/35 mph to 30 mph,
due to the 85th percentile speeds together with the field conditions discussed above (e.g., the
concentration of direct access business and residential areas and the presence of school zones that
exist along the roadway).
Therefore, based on the provisions ofthe California Vehicle Code (CVC), and pursuant to authority
under Chula Vista Municipal Code Section 10.48.020 titled "Established Speed Limits In Certain
Zones", and the Engineering and TraÍÌÏc Surveys, the City Engineer recommends that the speed limit
on "E" Street between Bay Boulevard and East Flower Street/Bonita Road be decreased from the
existing 30/35 mph speed limits to 30 mph.
r2
Page 3, Item-L
Meeting Date 2/10/04
Upon approval oftheproposed speed limit by City Council, Schedule X of the register maintained in
the office of the City Engineer will be revised to include the following information:
10.48.020 Schedule X - Established Speed Limits in Certain Zones - Designated
Name of Street Beginning At Ending At Proposed Speed Limit
"E" Street Bay Boulevard East Flower Street/ 30 M.P.H.
Bonita Road FISCAL IMP ACT: The cost to install signs and pavement legends is approximately $2,250, which
is included in the Public Works Operations operating budget.
Attachments: Engineering Traffic Surveys
Area Plat
J:IEngineerIAGENDA IE Speed Bay to Flower .sm.cb.doc
Rev. 1/29/20043:22 PM
/- 3
SPEED LIMIT - ENGINEERING/TRAFFIC SURVEY
STREET: 'E' Street
LIMITS: Bay Blvd. - Fourth Avenue
Length of Segment (ft): 5.433' (1.03 miles) along centerline
Existing Posted Limit (mph): 35 mph
SUMMARY OF SPEED SURVEYS
Segment: Bav Blvd. - Broadwav Broadwav - Fifth Ave. Fifth Ave. - Fourth Ave.
DateTaken: 10/29/2003 08/06/2003 08/06/2003
1\0. of Vehicles on Sample (cars): 100 100 100
85" Percentile (mph): 31 =h 32 IIIDh 35 =h
Range of Speeds Recorded (mph): 18 - 38 nmh 21-38nmh 22-41nmh
ROADWAY CHARACTERISTICS
Width (ft): 64' curb to curb (68' at Fourth Ave. Intersection: 75' at I-5 overpass),
Total No. of Lanes: 4 total lanes (2 per direction) with left-turn lanes at major intersections and two-
way-left-turn lane between trollev tracks and Broadwav.
Horizontal Alignment: Tangent.
V erticaI Alignment: 4,94% max grade near Bav Blvd.
TR4.FFIC CHARACTERISTICS
Average Daily Traffic: 26,924 (2003)
On-Street Parking: Allowed in areas-east ofBroadwav. -
Special Conditions: Predominatdv ~uIIlmercial and residential areas with elementarvSCD.ools
between Woodlawn Ave. and Elder Ave. Street is posted as Truck Route.
Trolley Crossing is located at westerly end of segment.
Accident History: The accident rate at this segment is 3.75 per million vehicHHmles wiJich is
lower than the average rate of 4.95 for similar hi!!hwavs in the State of
California.
SURVEY RESULTS
Study was Prepared by: Leia B, Cabrera
Date: 10/29/2003
Recommendation: Reduce speed limit to 30 mph due to
presence of residential and school
areas.
Date Recommendation Approved: 10/29/2003
By: Miiied A; Al-Ghafrv. P.E.. T.E.
Approved Speed Limit (mph): 30 mph
Per CVC 40803, Survey Expires: 08 / 06 /2010
]:I\EngineerITRAFFIClENGINEERING & TRAFFIC SURVEYSlSpeed Limit SurveysIE St (Bay - Fourth ).doc
/-u
! I
CITY OF CHULA VISTA - VEHICLE SPEED SURVEY
SEGMENT UNDER STUDY E Street ( Bay Boulevard to Broadway)
DATE 10/29/2003 SURVEY SITE 100' w/o Woodlawn Ave. POSTED SPEED 35
TIME START 1:00 PM TIME END 1:15 PM WEATHER Clear
DIRECTION: W -0 E -/
MPH 5 10 15 20 TOTAL % CUM%
50
49
48
47
46
45
44
43
42
41
40
39
38 0 0 2 2 100
37
36 0 0 2 2 98
35 0 0 0 3 3 96
34 0 1 1 93
33 0 0 0 3 3 92
32 0 0 / 3 3 89
30 0 0 0 0 / / / / / 9 9 78
29 0 0 0 / / / / / 8 8 69
28 0 0 0 / / / 6 6 61
27 0 0 0 0 0 0 / / / / / / / / 14 14 55
26 0 0 0 0 / / / / 8 8 41
25 0 0 0 0 0 / / / / 9 9 33
24 0 0 / / / / / 7 7 24
23 0 0 / / / / 6 6 17
22 0 0 / / / / / 7 7 11
21 / 1 1 4
20
19 0 / 2 2 3
18 / 1 1 1
17
16
13
12
11
RECORDER: LEIA CABRERA TOTAL NUMBER OF VEHICLES: 100
J )1:IHOMElENGINEERITRAFFICISpeed_SurveysIE Street ( Bay - Broadway ).xls
I-~S-
- CITY OF CHULA VISTA - VEHICLE SPEED SURVEY
SEGMENT UNDER STUDY E Street ( Broadway to Fifth Avenue)
DATE 08 I 06 12003 SURVEY SITE 100' elo Broadway POSTED SPEED 35
TIME START 1:11 PM TIME END 1:31 PM WEATHER Clear
DIRECTION: _E- =0 _W- =1
MPH 5 1D 15 2D TOTAL % CUM%
50 I I
49 I
48 I
47 I
46 I
45 I
44 I
43 I
42 I I
41 I 1
40 I I
39 I 1
38 0 I I I I 3 3 100
37 I I
36 0 I 1 1 1 97
35 0 I I I I I I 2 2 96
34 I I I I I I 1 1 94
33 0 0 I I I I 1 I 1 4 4 93
~ §II §II< . ~I_._I. III II ~ 1!iØM\? _,~9
31 0 0 0 0 II I I I 1 -I 6 6 81
30 0 0 0 0 10 0 10 010 0 I II II I 14 14 75
29 0 0 0 0 II I I I I I 6 6 61
28 0 0 0 0 II I I I II I I II II I I 15 15 55
27 0 0 I I II I I I 5 5 40
26 0 0 0 0 II I I I I 6 6 35
25 0 0 0 0 II I I I II II I 11 11 29
24 0 0 0 0 10 I I I I I 8 8 18
23 0 0 0 I II I 5 5 10
22 I I I I I 3 3 5
21 I I I I 2 2 2
20 I I I
19 I I
18 I I
17 I I I
16 I I
13 I
12 I
11 1
RECORDER: Ramon Jauregui TOTAL NUMBER OF VEHICLES: 100
"J=\
~NGINEER\TRAFFIC\Speed_surveYS\E Street ( Broadway - 5th ).xls
/ - :::~)
- CITY OF CHULA VISTA - VEHICLE SPEED SURVEY
SEGMENT UNDER STUDY E Street ( Fourth Avenue to Third Avenue)
DATE 08/ 06/2003 SURVEY SITE 200' eIo Fourth Ave. POSTED SPEED 35
TIME START 12:28 PM TIME END 12:48 PM WEATHER Clear
DIRECTION:_E- =0 _W- =/
MPH s 10 15 20 TOTAL % CUM%
50 I
49 I
48 I
47 I
46 I
45 I
44 I
43 I
42 I
41 I
40 I I 1 1 100
39 I
38 I I I
37 0 0 I I I 2 2 99
36 I I I 1 1 97
35 I I I 1 1 96
34 I I I I 1 1 95
33 0 0 0 I II I 5 5 94
~ !j8. .. 1\1 ~p ~;,!1f,!3 ~¡¡9
31 0 0 0 0 1/ / I I I - I 6 6 83
30 0 0 0 II II I I I I 5 5 77
29 0 0 / II II / 1/ / II I I 9 9 72
28 0 0 0 10 10 0 0 0 1/ I 9 9 63
27 0 0 0 0 10 0 0 0 II I / / I / / / / 17 17 54
26 0 0 0 010 0 0 0 10 0 0 / / / / / / / / 19 19 37
25 0 0 0 0 1/ / / / I 8 8 18
24 0 0 / I 1/ I 5 5 10
23 / / I I 2 2 5
22 0 / I I 2 2 3
21 I I 1 1 1
20 I I I
19 I I I
18 I I
17 I
16 I
13 I
12 I
11 I
RECORDER: Ramon Jauregui TOTAL NUMBER OF VEHICLES: 100
-:S\
~NGINEER\TRAFFIC\Speed_surveYS\E Street (4th - 3rd ).xls
/-7
- CITY OF CHULA VISTA - VEHICLE SPEED SURVEY
SEGMENT UNDER STUDY E Street ( Fifth Avenue to Fourth Avenue)
DATE 08 / 06/2003 SURVEY SITE 150' WiD Fourth Ave. POSTED SPEED 35
TIME START 12:33 PM TIME END 1 :06 PM WEATHER Clear
DIRECTION: _E- =0 _W- =/
MPH 5 10 15 20 TOTAL % CUM%
50
49
48
47
46
45
44
43
42 I
41 0 / I 2 2 100
40 0 I 1 1 98
39 I
38 0 / I I 2 2 97
37 0 10 0 / / / I I 6 6 95
36 I I I
~~ §!I~ ' 8'881. iii . _.Im. m . ~!5 ~ ~89
~. 34 0 0 0 0 I / / / I I I 8 8 84
.\
33 0 0 / I I I 3 3 76
32 0 0 0 / I / / / II I I 9 9 73
31 0 0 0 0 10 / / / .11 II I 10 10 64
30 0 0 0 0 0 0 0 0 0 II I I I II / I I 16 16 54
29 0 0 0 0 0 I / / I 8 8 38
28 0 0 0 0 0 / / / I I I I I 11 11 30
27 0 0 / / I I I / I I 8 8 19
26 0 0 / I I I 3 3 11
25 0 0 0 I I I 3 3 8
24 0 I I 2 2 5
23 I I I 2 2 3
22 I 1 1 1
21 I
20 I I I
19 I
18 I I
17 I
16
13
12
11
RECORDER: Ramon Jauregui TOTAL NUMBER OF VEHICLES: 100
\5: "-
8NGINEER\TRAFFIC\Speed_surveYS\E Street (5th - 4th ).xls
/~~
SPEED LIMIT - ENGINEERING/TRA.FFIC SURVEY
STREET: "E" Street
LIMITS: FOllJ'th Avenue to East Flower StreetlBonita Road
Length of Segment (ft): 6.J89' (1.1 7 miles1
Existing Posted Limit (mph): 35 IllDh (30 mph between Second Ave. and First Ave.)
SUMMARY OF SPEED SURVEYS
Segment: Fourth Ave. - Third Ave. Third Ave. - Second Ave.
Date Taken: 08/06/2003 08/06/2003
!\(J, of Vehicles on Sample (cars): JOO 100
85" Percentile (mph): 32 nmh 34 ffiDh
Range of Speeds Recorded (mph): 21 - 40 ffiDh 24 - 40 ffiDh
Segment: Second A venue.First A venue First Avenue to Flower Street/Bonita Road
Date Taken: 07/31 /2003 07/31/2003
!\o, of Vehicles on Sample (cars): 100 100
85" Percentile (mph): 33 nmh 34 mDh
Range of Speeds Recorded (mph): 20 - 43 nmh 19-45ffiDh
ROADWAY CHARACTERISTICS
Width (ft): 52'-64' curb to curb (68' at Fourth Ave.)
Total No. of Lanes: 4 lanes total (2 per direction).
Horizontal Alignment: 500.00' radius over a len!lÙ1 of 676.11' alon!! entire centerline producin!! a
des;!!II speed of 37 mph east of Corte Maria Avenue.
Vertical Alignment: Grade chan!!e of -7.90% to + 7.08% creatin!! a !!Tade difference of 14.98% over a
len!!th of300.00' west of Minot Avenue producin!! a desi!!II speed of22 mph.
Grade chan!!e of 2.5% to -7.0% cremin!! a !!Tade difference of 9.5% over a len!lÙ1
of 600.00' east of Corte Maria A venue moducin!! a desi!!II speed of 39 mph.
TR-U'FIC CHARACTERISTICS
Average Daily Traffic: 20.828 (20031
On-Street Parking: Parkin!! aIJowed west of Cone Maria Avenue.
Special Conditions: ElementarY school north ofE Street between First Ave. and Flower Street. Tne
se!!I!1ent is posted aš a Truck Route. Businesses ITontin!! the street exist
between Fourth Ave. and Del Mar Ave. Sin!!le-familv dwellinl!s with direct
drivewav access exist throu!!hout se!!I!1ent. Multip]e-familv dwellinl!s exist off
ofE. Flower St.
Accident History: The accident rate at this se!!I!1ent is 2.25 (per million vehicJe miles) which is
lower than the averaæ rate of 4.95 for similar hil!hwavs in the State of
California.
Sù'RVEY RESULTS
Study was Prepared by: Ikhlass Daood
Date: 09/05 /2003
Recommendation: Reduce speed limit to 30 mph
due to vertical a!Ümment and the
presence of residential and
business areas.
Date Recommendation Approved: 09/05/2003
By: Maied AI-GhaITv. P.E.. I.E.
Approved Speed Limit (mph): 30 mph
Per CVC 40803, Snrvey Expires: 07/31/2010
J:\lEngineerlTrafficlEngineering & Traffic SurveyslSpeed Limit SurveysIE Street (Fourth~East Flower St_Bonita Rd).doc
. -.:;
- CITY OF CHULA VISTA - VEHICLE SPEED SURVEY
SEGMENT UNDER STUDY E Street ( Third Avenue to Second Avenue)
DATE 081 06/2003 SURVEY SITE 200' w/o Second Ave. POSTED SPEED 35
TIME START 12:06 PM TIME END 12:23 PM WEATHER Clear
DIRECTION: _E- -0 _W- -I
MPH 5 10 15 20 TOTAL % CUM%
50
49
48
47
46
45
44 I
43
42
41
40 0 1 1 100
39 0 1 1 99
38 I
37 I I I 1 1 98
36 0 0 0 0 II I I I 8 8 97
35 0 0 / 3 3 89
. - at lIB . 1&1818 BIBI.18- 1!lii! I~):,¡¡!H ~i'~'{'; 86
33 0 I I 1 1 79
32 0 0 0 I I I 4 4 78
31 0 0 0 0 10 0 I / II I I I. I I I 15 15 74
30 0 0 0 010 0 I I II 9 9 59
29 0 0 0 0 10 I I I II II 10 10 50
28 0 0 0 0 0 0 0 0 II I I II I I I I 15 15 40
27 0 0 0 I II I I I I 8 8 25
26 0 0 0 0 II I I I I I I I I 11 11 17
25 0 I I I 3 3 6
24 0 0 I I 3 3 3
23 I
22 I
21 I I I
20 I I
19 I
18 I
17 I
16 I
13 I
12 I
11 I
RECORDER: Ramon Jauregui TOTAL NUMBER OF VEHICLES: 100
Ô9 J'~
~ENGINEER\TRAFFIC\Speed_surveYS\E Street (3rd - 2nd ).xls
/-/0
CITY OF CHULA VISTA - VEHICLE SPEED SURVEY
SEGMENT UNDER STUDY E Street (Second Avenue - First Avenue)
DATE 7/31/2003 SURVEY SITE 75 Ft. Wes1 of 1 st Avenue POSTED SPEED 30
TIME START 9:45 AM TIME END 10:15 PM WEATHER Cloudy
DIRECTION: _E- =0 _W- =/
MPH 5 10 15 20 TOTAL % CUM%
50 I
49 I
48 I
47 I
46 I
45 1
44 I
43 \ I I 1 1 100
42 I 0 0 99
41 I 0 0 99
40 I I 0 0 99
39 0 I I 1 1 99
38 I I I 0 0 98
37 \ 10 I I I I 2 2 98
36 \ II I 10 10 0 I I I 6 6 96
35 I II 01 I I I I I 1 1 3 3 90
34 \ II I 1 I I 1 I T 2 2 87
- ...-s.5
32 I I I I 1 I I I I I T 3 3 78
31 I II I 0 10 01 I I I 1 6 6 75
30 \ II I I II I 10 0 10 10 0 . I 11 11 69
29 I II I II II 0 10 10 I I I 8 8 58
28 I II I I 10 0 0 I I I I 1 7 7 50
27 \ II I 10 10 0 0 01 I I I 8 8 43
26 I 10 10 10 10 0 0 I I I I 1 I 7 7 35
25 I I I 0 10 0 0 1 I I 7 7 28
24 I I I 010 0 0 0 10 10 0 I 1 11 11 21
23 I 0 0 I 1 I 1 3 3 10
22 \ I 0 01 I I 4 4 7
21 \ \ I I I I I 2 2 3
20 I I I I 1 1 1 1 1
19 I I I I
18 I 1 I I
17 I I I I
16 I I I
13 I I I
12 I I I
11 I I I
RECORDER: Ramon Jauregui TOTAL NUMBER OF VEHICLES: 100
~:\
~O~ENGINEER\TRAFFICIspeed_surveYSIE Slreet (Second Ave-First Ave).xls
/-/1
CITY OF CHULA VISTA - VEHICLE SPEED SURVEY
SEGMENT UNDER STUDY E Street ( First Avenue-Flower Street/Bonita Road)
DATE 07/31/2003 SURVEY SITE 100 Ft. E of First Avenue POSTED SPEED 35
TIME START 10:18 AM ' TIME END 10:45AM WEATHER Clear
DIRECTION: _E- -0 _W- -/
MPH 5 10 15 20 TOTAL % CUM%
50 I
49 I
48 I
47 I
46 I I
45 I I 1 1 100
44 0 0 99
43 I I 1 1 99
42 I 0 0 98
41 1. 0 0 98
40 I 0 0 98
39 I 0 0 98
38 \ I I I 1 1 98
37 I I I I I I I 1 1 97
36 I II I I I I 2 2 96
35 \ II I J. I I I I 3 3 94
~
33 I II 0 I I I I I 3 3 82
32 \ I I \ II \ I \ 10 0 I I 1 I 10 10 79
31 \ 1\ 0 010 0 I I I I I 6 6 69
30 I 0 0 I I I I 1 3 3 63
29 I II 0 0 10 0 10 0 10 0 01 I I 11 11 60
28 \ 1\ I \ 1\ I I I 10 0 0 10 10 10 10 01 16 16 49
27 \ II 0 0 10 0 0 0 10 I I 9 9 33
26 I II I I 10 0 0 10 10 0 I I 10 10 24
25 I 1\ 0 0 10 I I 5 5 14
24 I 10 0 01 I I 4 4 9
23 \ II 0 I I I 3 3 5
22 I I I 0 0 2
21 0 I I 1 1 2
20 I I I I 0 0 1
19 0 I I 1 1 1
18 I I I
17 I I
16 I I
13 I I I
12 I I I
11 I . I I
RECORDER: Ramon Jauregui TOTAL NUMBER OF VEHICLES: 100
Ji"-
~NGINEERITRAFFICIspeed_surveYSIE Street ( First Avenue-Flower Street_Bonita Road).xls '- .-
/-/2-
ORDINANCE NO. -
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DECREASING THE EXISTING SPEED LIMIT
ON "E" STREET BETWEEN BAY BOULEVARD AND EAST
FLOWER STREET/BONITA ROAD FROM 35 MPH TO 30
MPH
WHEREAS, based on the provisions of the California Vehicle Code (CVC), Engineering
and Traffic Surveys, and pursuant to authority under Chula Vista Municipal Code Section
10.48.020, titled "Established Speed Limits In Certain Zones," the City Engineer, the interest of
minimizing traffic hazards and for the promotion of public safety, has recommended that the
speed limits on "E" Street between Bay Boulevard and East Flower Street/Bonita Road, not
already established as 30 mph, be decreased from the existing 35 mph speed limit to 30 mph; and
WHEREAS, this recommendation and other information in the City Engineer's report has
been fully considered by the City Council; and
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as
follows:
SECTION I: A 30 mph speed limit for all segments of "E" Street between Bay Boulevard and
East Flower Street/Bonita Road is hereby established.
SECTION II: That Schedule X of a Register of Schedules maintained by the City Engineer as
provided in Section 10.48.020 of the Chula Vista Municipal Code, "Established Speed Limits in
Certain Zones - Designated," is hereby amended to inc1ude the following information:
Chula Vista Municipal Code Section 10.48.020 - SCHEDULE X
ESTABLISHED SPEED LIMITS IN CERTAIN ZONES
Name of Street Beginning At Ending At Speed Limit
East F10wer Street/ 30 M.P.H.
"E" Street Bay Bou1evard Bonita Road
SECTION III: This ordinance shall take effect and be in full force on the thirtieth day from and
after its adoption.
Presented by Approved as to form by
.J::) 0.- I. ~
Jack Griffin Ann Moore
Director of General Services City Attorney
LAttomeyIOcdinancel'T' St speed limit
/ ,',.
ì ~ì f
,I ,
COUNCIL AGENDA STATEMENT
/
Item ~
Meeting Date 2/10/04
ITEM TITLE: Ordinance establishing a 50 mph speed limit on Olympic Parkway
between La Media Road and Hunte Parkway
SUBMITTED BY: Director of General Services/City Engineer ~
REVIEWED BY: City Manager~ p ¡-../ (4/Sths Vote: Yes- NoX)
BACKGROUND: On October 22,2003, staff completed an Engineering and Traffic Survey for the
recently constructed segment of Olympic Parkway between La Media Road and Hunte Parkway.
Results of the survey indicate that the maximum speed limit along this segment of the corridor
should be established at 50 mph.
RECOMMENDATION: That the City Council adopt an ordinance establishing a 50 mph speed
limit on Olympic Parkway between La Media Road and Hunte Parkway.
BOARDS AND COMMISSIONS: The Safety Commission, at their meeting of January 8,2004,
voted to concur with staffs recommendation.
DISCUSSION:
The 2.5 mile segment of Olympic Parkway between La Media Road and Hunte Parkway is a six to
eight lane prime arterial roadway that varies in width from 88 to 117 feet, curb-to-curb, separated by
a 24 foot wide raised median. Bike lanes are provided on both sides of the parkway, and vehicle
parking is prohibited. This portion of Olympic Parkway has an Average Daily Traffic (ADT) flow of
11,500 vehicle trips, with a low accident rate of 0.2 per million vehicle miles. This is lower than the
average rate of 2.4 for similar highways in the State of California.
California Vehicle Code 22358 (Decrease of Local Speed Limits), nevertheless, authorizes the City
to determine on the basis of an Engineering and Traffic Survey the maximum speed limit that is
reasonable or safe for streets under its jurisdiction. The new speed limit, declared by ordinance,
becomes effective when appropriate signs are installed.
Speed limits should be established at or below the 85th percentile of actual measured traffic speeds.
This provides law enforcement officers with the means to control drivers who will not conform to
what the majority considers reasonable and prudent. The attached Engineering and Traffic Survey
indicates that the 85th percentile speed for the segnlent of Olympic Parkway between La Media Road
and Hunte Parkway was found to be 50 mph. The City Engineer therefore recommends that a 50
mph speed limit be established for the subject segment.
,., ~ I
ol-...
" --______n~___-
Page 2, Item-L
Meeting Date 2/10/04
Upon approval of the proposed speed limit by City Council, Schedule X ofthe register maintained in
the Office of the City Engineer will be revised to include the fol1owing information:
Thereafter, speed limit signs wil1 be instal1ed along this portion ofthe roadway giving notice of the
50 mph speed Emit.
Once established, the proposed speed zone from La Media Road to Hunte Parkway will be a
continuation of the 50 mph speed zone approved by City Council on November 4,2003, which was
established on Olympic Parkway from Brandywine Avenue to La Media Road. The existing portion
of Olympic Parkway from Oleander Avenue to Brandywine Avenue is currently posted 35 mph.
Appropriate signing will be placed in advance ofthe existing 35 mph speed zone to warn westbound
motorists ofthe decrease in the speed Emit so that a speed trap will not be created at the point where
the 50 mph speed limit changes to 35 mph.
FISCAL IMPACT: Speed limit signs and pavement legends will be installed by the contractor as
part of construction currently in progress along Olympic Parkway. There will be no direct cost to the
City for this work. Yearly maintenance costs are minimal.
Attachment: Engineering and Traffic Survey
Radar Speed Survey
Area Plat
J:\EngineerIAGENDA\Olympic Speed La Media to Hunte.sm.cb.doc
Rev. 2/4/2004 5:19 PM
7 -;1
if'
- -_.._.__._._~-~-_..~......_...._..
SPEED LIMIT - ENGIl\EERIJ\G/TRAFFIC SURVEY
STREET: OlvnlPjc Parkway
LIMITS: La Media Road to Hunte Park",'av
Lengtb of Segment (ft): 13.430' (2.:'4 miles)
Existing Posted Limit (mpb): 40 mph (Cc)nstruction Zone)
Sl;~LI\1ARY OF SPEED SURVEYS
Segment: La Media Rd to Hunte Pkw\'
Date Taken: 10 / 22 / 2003
'\0. of Vehicles on Sample (cars): 100
85" Percentile (mph): 50 rnuh
Range of Speeds Recorded (mph): 31 - 62 rnuh
ROADWAY CHARACTERISTICS
Width (ft): Varies ITom 88' -117' with a raised median of4' -24'.
Total No. of Lanes: 6 lanes (3 per direction): 8 lanes (4 per direction) between SR-125 and Eastlake
Pbvv.
Horizontal Alignment: Minimum radius of 1.600' bv SR-125.
Vertical Alignment: Gt = 2.25% and G, = -5.7% over 1. 800' producim~ a design speed of 78 mph.
TRA.FFIC CHAR4.CTERISTICS
- ~.-
Average Daily Traffic: 11.500 (2003)
On-Street Parking: Prohibited. -
Special Conditions: Bike lane on botB.sides. -
Accident History: The accident rate at this se=ent is 0.188 per million vehicle rniles wruch is
lower than the average rate of2.40 for similar highwavs in the State of
California.
SURVEY RESTJL TS
Study was Prepared by: Leia B. Cabrera
Date: 10/22 / 2003
Recommendation: Establish speed limit of 50 mph
~-- -- _J!ate Recommendation Approved: /O/;;u//~
By: Máied Ál-Ghaftv, P.E..T.E.
Approved Speed Limit (mpb): 50 mph
Per CVC 40803, Survey Expires: 10 / 22 /2010
02--3
J://ENGINEERfTRAFFIC/Speed Linrit Surveys/Olympic (La Media - Hunte)
CITY OF CHULA VISTA - VEHICLE SPEED SURVEY
SEGMENT UNDER STUDY Olympic Parkway ( La Media - Hunte Parkway)
DATE 10/22/2003 SURVEY SITE 1,500' East of E. Palomar Street POSTED SPEED ~
TIME START 10:52 AM TIME END 11:08 AM WEATHER CLEAR
DIRECTION: WEST -0 EAST = \
MPH 5 10 15 20 TOTAL % CUM%
70
69
68
67
66
65
64
63
62 / 1 1 100
61 / 1 1 99
60
59
58
57
56 I I
55 0 / I 2 2 98
54 / / 2 2 96
- 53 0 0 / 3 3 94
52 / 1 1 91
51 0 0 / / 1/ I 5 5 90
!IS - ~ ~85""-
49 0 0 0 01 I 4 4 83
48 0 0 0 / I -I 4 4 79
47 0 0 0 0 1 / / 6- 6 ",;; 75
46 0 0 / I I 3 3 69
45 0 0 / / 1 / / I 6 6 66
44 0 0 / / 1/ / I 6 6 ~. -60
43 0 / I 2 2 "54
42 0 0 / / 1/ / / 7 7 52
41 0 0 0 01 I I 4 4 45
40 0 0 0 0 0 0 / / / / 1 10 10 41
39 / / 2 2 31
38 0 0 0 0 / / 6 6 29
37 0 I I I 4 4 23
36 010 0 0 / / / I 7 7 19
35 / I I I 4 4 12
34 0 1 1 8
33 0 0 2 2 7
32 0 / / / 4 4 5
31 0 1 1 1
RECORDER: Leia Cabrera TOTAL NUMBER OF VEHICLES: 100
H:\HOME\ENGINEERITRAFFIC\Speed_SurveysIOlympic {LaMedia - Hunte).xls
d- Lf
~
ORDINANCE NO. -
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ESTABLISHING 50 M.P.H. SPEED LIMIT ON
OLYMPIC P ARKW A Y BETWEEN LA MEDIA ROAD AND
HUNTE P ARKW A Y
WHEREAS, based on the provisions of the California Vehicle Code (CVC), Engineering
and Traffic Surveys, and pursuant to authority under Chula Vista Municipal Code Section
10.48.020, titled "EstabJished Speed Limits In Certain Zones," the City Engineer, the interest of
minimizing traffic hazards and for the promotion of public safety, has recommended that the
speed limit on Olympic Parkway between La Media road and Hunte Parkway be established at
50 mph; and
WHEREAS, this recommendation and other information in the City Engineer's report has
been fully considered by the City Council; and
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as
follows:
SECTION I: A 50 mph speed limit on Olympic Parkway between La Media Road and Hunte
Parkway is hereby established.
SECTION II: Schedule X of a Register of Schedules maintained by the City Engineer as
provided in Section 10.48.020 of the Chula Vista Municipal Code, "Established Speed Limits in
Certain Zones -- Designated," is hereby amended to include the following information:
Chula Vista Municipal Code Section 10.48.020 - SCHEDULE X
ESTABLISHED SPEED LIMITS IN CERTAIN ZONES
Name of Street Beginning At Ending At Speed Limit
Olympic Parkway La Media Road Hunte Parkway 50 MPH
SECTION III: This ordinance shall take effect and be in full force on the thirtieth day ITom and
after its adoption.
Presented by Approved as to form by
.D 0...-- C , t+
Jack Griffin Ann Moore
Director of General Services City Attorney
JAttomeylO,dinancolOlympic I'ackway La Media Rd Speed limit
c2-h
. -_._"'-"'~--_.._------_.__..~
COUNCIL AGENDA STATEMENT
Item: 37
Meeting Date: 2/10/04
ITEM TITLE: Resolution of the City Council of the City of Chula Vista
approving Change Order No.5 on the new Police Facility and
approving an amendment to the Design Build Agreement with
Highland Partnership, Inc. extending the substantial and final
completion dates by 30 days.
SUBMITTED BY: Director of General Services ~~
REVIEWED BY: City Manager~:l1 (" (4/Sths Vote: Yes _No ~
On November 20, 2001, City Council entered into a design build agreement with Highland
Partnership, Inc. for the provision of services required to design and construct the new police
facility and related improvements. This change order amends the timeframe for completion of
the project.
RECOMMENDATION: Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
On November 20, 2001 the City entered into an agreement with Highland Partnership, Inc. (HPI)
to design and construct the new police facilities and associated improvements. Contained within
that agreement was a provision that the project be substantially completed by February 14, 2004.
Substantial Completion was described as that stage in the progress of construction when all
Work on the Project is sufficiently complete in accordance with the Construction Documents so
that the City can fully occupy and utilize the entire project. Substantial Completion also means
that all goods, services and systems to be provided under the terms and conditions of the
Construction Documents are in place and have been initially tested, and are operationally
functional, subject only to final testing, balancing and adjustments and normal Final Completion
punch list work. Final Completion was established to be May 14, 2004.
The project had been proceeding in a manner consistent with completion on those specified
dates. Pursuant to the Design Build Agreement, the City may direct HPI to perform additional
services beyond those originally contemplated. Recently, the City directed HPI to construct a
new fire dispatch facility within the new police facility which has caused HPI to undertake the
re~design and re~building of areas that had already been completed. This additional re-design
and re~construction activity necessitates an extension of the required completion dates as
follows:
Substantial Completion be extendcd to March 14,2004.
]-1
-----~- " ._--~~_.._...
Page 2, Item: --.2.-
Meeting Date: 2/10/04
Final Completion be extended to June 12,2004.
This change in completion dates is the tìfth change order authorized on the project. Change
Orders I through 4 all related to the movement of budget line items among existing categories
which under the design build proccss did not require Council action. This change order does not
rcquire the movement of funds within 1he projec1 or the appropriation of any additional funds as
the physical construction cost of approximately $222,000 for the modification of the office space
to house the fire dispatch facility can be accommodated within the already approved budget for
the facility. The project has proceeded in a manner that there remains sufficient funding within
1he limits of the remaining project contingency to fund these additional improvements. As
negoliated by staff when entering into the Design Build agreement, for the first $1,000,000 worth
of additional services, HP1 is not entitled to any additional Design Build fee. HPI will be
compensated for its actual costs for design, construction and general conditions.
FISCAL IMP ACT: There are no fiscal impacts to the project budget. The fiscal impact for the
establishment of the fire dispatch center were provided in the agenda item that City Council
approved on December 16,2003.
Attachment 1: Change Order No.5
Attachmen1 2: Amendment to Agreement
Ilom,/G"","1 Smi",!GS Admi"i",al"",!C""",iI AgClula/""',,, lacilily/Fi" Diypa"h Cha"g' O,d" A-113do,
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1i1 Highland
Prime Contract Change Order #05
Client: CityOfCh"'aVi,ta
276 Fo"rth Aven"e
Ch"'a Vi,ta, CA 91910
Pmject: Police Heado""rte"
Attention, Jack Griffiin . Director B"ilding & Park Con,""ction
Kip Howard. Allegi' Oevelopment Se",ice,
Oata, Jan""" 9, 2004
GMP Per Prime CooI"ct Change 0"'" #04 4B.77B,243
In acoordance with Ch"'a Vi,ta Police Heado""rter, Oe,i,n I B"ild
Ag<eemenl
Sectioo 15, Change in GMP and Contract Time Item No- 15.1_1 The City
direct' DIB to perform Adtiitional Se",ice, or City Change,-
Section IB' Contract Time- Item No- IB.3 The Conl"ct Time may only be
change, by a Change Order a, ,el forth in Section 15-
HPI req"es" an additional 30 calendar day, be added 10 obtain "b,tantial
completion of the new Police Head,""rte", Facility for the design and
co"'twction of the new Fire Dispalch Center to be co",tructed 'djacent to
the Police Oepartment Commooication' Center per the aliached ,ched"'e
dated 12124/03-
The co,t, for de,ign and co",lrootion of the Fire Dispatch Center will come
from hard conslwelion cost saving, within the canstwction contingency
food- Use of funds is DOWned in the D/B Agreemenl Section 7, Item No- 7.2-4
The new date to obtain "bstantial completion is March 14, 2004 with Final
comptetion being Jooe)ll. 2004
'~~
Tolal Change Order N"mber 05 o
Contract Summary
Original GMP 4B,OBS.743
GMP C"t Prior to this Change Order 4B,77B.243
New GMP incl"ding Ihis Change Order 4B,77B,243
Contract Time will be changed by Ihis Change Order (calendar days) 30
Variance from original GMP to new GMP 692,500
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RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING CHANGE ORDER NO 5 ON THE NEW POLICE
FACILITY AND APPROVING AN AMENDMENT TO THE DESIGN
BUILD AGREEMENT WITH HIGHLAND PARTNERSHIP, INc.
EXTENDING THE SUBSTANTIAL AND FINAL COMPLETION
DATES BY 30 DAYS
WHEREAS, on November 20,2001, the City entered into a design build agreement with
Highland Partnership, Inc. for the provision of services required to design and construct the new
police facility and related improvements; and
WHEREAS, contained within that agreement was a provision that the project be
substantially completed by February 14,2004; and
WHEREAS, the recent decision of the City to construct a new fire dispatch facility
within the new police facility has caused HPI to undertake the re~design and re~building of areas
that had already been completed; and
WHEREAS, this additional re~design and re-construction activity necessitates an
extension of the required completion dates as follows:
Substantial Completion be extended to March 14, 2004
Final Completion be extendcd to June 12,2004
WHEREAS, HPI will not receive any additional Design Builder fee but will be
compensated for its actual cos1s for design, construction and general conditions.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby approve the Change Order No.5 on the new Police Facility and approve an
amendment to the Design Build Agreement with Highland Partnership, Inc. extending the
substantial and final completion dates by 30 days.
Presented by Approved as to form by
;Jø
Jack Griffin
Director of General Services
Juttn",ey"""'¡;n",,,,' ,hung' ",om nn 5 I'nl", I"ucility
~....5-
-.../ ~
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORM ALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
4..4:d ~ /hP
Ann Moo
City Attorney
Dated: ,',/ sl bY
First Amendment to Design Build Agreement
Between the City of ChuIa Vista and
Highland Partnership, Inc.
For the new Police Facility
3 /
~:.o
--.J 2I04/2004 14: 03 FAX 16193976250 CITY OF CV 1at001
First AMENDMENT
To the DESIGN BUILD AGREEMENT between
the City of Chula Vista and Hillhland Partnership, Inc.
for the New Police Facilitv
This amendment is made and entered into this IOih day of February, 2004 by and between
the City of Chula Vista (herein "City"), a municipal corporation, and Highland
Partnership, IDc. (herein "HPr'). City and HPI are sometimes hereinafter referred to as
Parties ("Parties")
RECITALS
WHEREAS, the City and HPI entered into a "Design Build Agreement" on November
20,2001 for the design and construction ofa new police facility; and
WHEREAS, The City aud HPI have beeJl actively engaged in the design and construction
of a new police fac; lity since the date of the Design Build Agreement; and
WHEREAS, said agreemeJlt established the procedures for the City to authori¡¡;e
"Additional Services" (Section 15.1); and
WHEREAS, said agreement established the procedures for the "Contract Time" to be
changed (Section 18.3); and
WHEREAS, the City authorized HPI to undertake "Additional Services" related to the
construction of a fire dispatch facility withiD. the new police faciJity on December 16,
2003; and
WHEREAS, the Design Build Agreement required that HPI have the new facility be in a
state of "Substantial Completion" by February 14, 2004 and jn a state of "Final
Completion" by May 14, 2004; and
WHEREAS, the parties mutually recognize that the authorization of the "Additional
Services" regarding the fire dispatch facility necessitates an extension of the required
completion dates.
NOW, THEREFORE, in consideration ofthe recitals and the mutual obligation ofthe
parties set forth herein, the City and BPI agree as follows:
L The date for "Substantial Completion" ITüm February 14, 2004 to March 14,
2004 and the date for "Final Completion" ITom May 14, 2004 to June 14,
2004.
2. lIPI shall design and construct a fire dispatch facility within the new Police
Facility ("Additional Services") as directed by the Contract Administrator.
3-7
_._---~-_.~. .. ."----_.~~- -"-~. - -".""
_...0210412004 14: 03 FAX 16193976250 CITY OF CV ¡¡¡¡ 002
3. As provided for in section 10 of the original agreement HPI shall receive no
additional Desjgn Builder Fee but shall be paid for actual costs incurred for
the redesign, constnIction, and general conditions associated with the
Additional Services,
4. Except as expressly provided herein, other provisions of the Design Build
Agreement remain in full force and effect.
3--~
"--_.._"------"~--_._---_.~_..---~..
0210412004 14: 04 FAX 16193976250 CITY OF CV ~003
SIGNATURE PAGE
TO THE FIRST AMENDMENT
TO THE DESIGN BUILD AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND lllGHLAND PARTNERSHIP. INC,
FOR THE NEW POLICE F ACJLITY
CITY OF CHULA VISTA mG~ P li/C
Stephen C. Padilla, Mayor Ian Gill
ATTEST:
Susan Bigelow, City Clerk
Approved as to form by
Ann Moore, City Attorney
3--9
COUNCIL AGENDA STATEMENT
Item: ---A-
Meeting Date:02/10/04
ITEM TITLE: Resolution Approving the Memorandum of Understanding between the
City of Chula Vista and Hilltop Middle School for the provision of
extended after~ school program hours, amending the FY04 Recreation
Department budget by appropriating $917 based on unanticipated revenue,
""" ~tlmri';"g ili~ to ""'"" "" ,g"=ffi'
SUBMITTED BY: Recreation Directo
REVIEWED BY: City Manageþlv,)l'" (4/5ths Vote: Yes X No -)
k"
Hilltop Middle School has been awarded a State grant for the provision of additional after~
school programming hours. The School has asked the Recreation Department to provide these
services, via a Memorandum of Understanding (MOU) for $917. These hours are in addition to
the existing after~school hours provided by the Department to the School.
RECOMMENDATION: That Council adopt the resolution approving the Memorandum of
Understanding between the City of Chula Vista and Hilltop Middle School for the provision of
extended after-school program hours, amending the FY04 Recreation Department budget by
appropriating $917 in Personnel Services based on unanticipated revenue, and authorizing the
Mayor to execute said agreement.
BOARDS/COMMISSIONS RECOMMENDATION: The Parks and Recreation Commission
has been informed of the Middle School's request for additional programming.
DISCUSSION:
The Recreation Department and the Sweetwater Union High School District (District) jointly
fund the Middle School after~school program (Club Teen Connection). The program is
additionally funded from Critical Hours Grants and Safe Neighborhood, Safe Schools Grants
received by the individual schools. Collaborative partners in the program include South Bay
YMCA and South Bay Community Services, as well as the individual schools. Activities
include sports, crafts, homework help, games, special events, field trips, specialized classes and
much more. The program is free to all participants.
The existing core program hours and participating schools are:
Hilltop Middle School Monday through Friday, 3:15 - 5:15pm*
Castle Park Middle School Monday through Friday, 3:15 - 5:15pm**
Rancho Del Rey Middle School Monday through Friday, 3:00- 5:00pm
Chula Vista Middle Scho01 Monday through Friday, 3:15 ~ 5:15pm
* The City provides staff £Tom 3: 15pm to 4: 15pm on Mondays
**The City provides stafffrom 4:15 - 6:15pm, per the request of the school.
1/-/
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"
Page 2, Item: ~
Meeting Date: 02/10/04
Due to the success of the program, the Hilltop Middle School has requested that additional hours
of daily programming be provided by the Department, to be funded from a new State grant.
Hilltop Middle School is proposing an MOU with the City for $917, to provide staffing for new
extended hours tTom 4:15 to 5:15pm on Mondays and 5:15 until 6:15 pm on Tuesdays through
Fridays during the school year.
FISCAL IMPACT: There is no net impact to the General Fund. The FY20O3-04 budget for the
Recreation Department is proposed to be amended, by appropriating $917 for staffing costs
associated with the provision of additional program hours for the 20O3~04 school year, from
February 10, 2004 through June 18,2004. Hilltop Middle School will reimburse the City for
expenses following the submittal of invoices for services rendered. The grant funding for these
additional hours is for this school year only.
Attachment: "A" - MOU between Hilltop Middle School and the City ofChula Vista
I./--~
RESOLUTION NO. 2004~ -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA
AND HILLTOP MIDDLE SCHOOL FOR THE PROVISION OF
EXTENDED AFTER~ SCHOOL PROGRAM HOURS, AMENDING
THE FISCAL YEAR 2004 RECREATION DEPARTMENT
BUDGET BY APPROPRIATING $917 IN UNANTICIPATED
REVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT
WHEREAS, the Hilltop Middle School ("School") has been awarded a State grant for the
provision of additional after school programming hours; and
WHEREAS, the School has asked the City Recreation Department to provide these
services, via a Memorandum of Understanding (MOU) for $917; and
WHEREAS, these hours are in addition to the existing after-school hours provided by the
Recreation Department to the School.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City ofChula Vista
does hereby approve the Memorandum of Understanding between the City of Chula Vista and
Hi1ltop Middle School for the provision of extended after school program hours, a copy of which
sha1l be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Fiscal Year 2003-2004 Recreation Department
budget is hereby amended by appropriating $917 in unanticipated revenue.
BE IT FURTHER RESOLVED that the Mayor of the CityofChula Vista is hereby
authorized to execute the MOU on behalf of the City ofChula Vista.
Presented by Approved as to form by
D 0...-. l , t-/---.-.-
Buck Martin Ann Moore
Recreation Director City Attorney
JAttom,y/Rcs<YMOUlI ¡;¡Itop Middle School
-3
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Þ 0-- t. t-J---..
Ann Moore
City Attorney
Dated: February 4,2004
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
CHULA VISTA AND HILLTOP MIDDLE SCHOOL FOR THE PROVISION
OF EXTENDED AFTER- SCHOOL PROGRAM HOURS
-' / / /
'1-1
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF CHULA VISTA
AND
HILL TOP MIDDLE SCHOOL
THIS AGREEMENT, by and between the City of Chula Vista, a municipal
corporation (hereinafter "City"), and Hilltop Middle School (hereinafter "Middle School")
to provide after-school program hours at Hilltop Middle School during the time school is
in session between February 10, 2004 and June 18, 2004;
NOW THEREFORE, IT IS MUTUALLY AGREED by and between the parties
hereto as follows:
I. RESPONSIBILITIES OF THE HILLTOP MIDDLE SCHOOL
1. Provide on~site indoor and outdoor facilities for the additional after-school
program appropriate to the number of participants.
2 Promote and foster a positive environment for the development of a successful
after~school program.
3. Host bi-weekly meetings with City staff to discuss program goals and
effectiveness.
4. Provide office space and storage for the City's staff supervisor (Recreation
Specialist).
5. Provide an on-site After School Coordinator or staff during the after-school
program hours.
6. Pay to the City an amount up to $917 for the City staff costs to provide the
additional after-school program hours, as shown in Attachment A.
II. RESPONSIBILITIES OF THE CITY OF CHULA VISTA
1. Provide sports and recreational activities similar to the existing after school
program to students participating in the additional after~school program.
Activities include sports, crafts, homework help, games, special events, field
Page 1
f /-
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~---~ --._~----_.__._---
trips, specialized classes and much more. The program is free to all
participants.
2. Provide Recreation Department staff to operate the additional after~school
program at Hilltop Middle School, during the days school is in session, from
February 10, 2004 through June 18, 2004. Staffing will consist of 80 hours of a
Recreation Specialist at the City's prevailing wages. The additional hour is from
4:15pm to 5:15pm on Mondays and 5:15pm to 6:15pm Tuesdays -Fridays.
Please see attachment "A" for a complete list of hours by staff and the time of
day.
3. Submit completed daily attendance rosters for each activity provided by City to
the After School Coordinator or appropriate Middle School staff.
4. Attend bi-weekly meetings with Middle School staff to discuss program goals
and effectiveness.
5. Provide a Recreation Department Supervisor to oversee and coordinate the
additional after~school program, in cooperation with Middle School staff.
III. COMPENSATION
Hilltop Middle School agrees to pay the City up to $917 to support activities provided by
the City for the additional after-school program. Compensation shall be based on the
prevailing hourly wage for each City employee performing services pursuant to this
Agreement. In addition to said hourly wage, City shall also be compensated for all
retirement and Medicare costs attributable to those employees. The City will invoice
Hilltop Middle School quarterly beginning April1, 2004 and thereafter June 18, 2004
payable within 30 days of receipt.
IV, TERM/TERMINA TION
The term of this Agreement shall commence on February 10, 2004, and continue
through June 18, 2004, matching the term of the grant funding previously mentioned.
Either party upon sixty~ (60) day advance written notice may terminate this Agreement.
V. HOLD HARMLESS 'INDEMNIFICATION
Each party agrees to hold harmless the other, their elected and appointed officers,
trustees, agents and employees from and against all claims or damages, liability or
costs and expense (including without limitation attorney's fees) arising out of the
performance of this subcontract by the parties, their agents, employees, subcontractors
Page 2
1/-6
or others, except for only those claims arising from the sole negligence or sole willful
misconduct of either party, or their officers or employees. It is understood that such
indemnity shall survive the termination of this agreement.
VI. FINGERPRINT CLEARANCE
Each party is responsible for fingerprinting its employees who will be working with
students. If the City or Middle School discover that an individual in their respective
employment is placed at the school site who has a serious or violent felony conviction
as defined by the Education Code, Section 44830.1, or a sex offense conviction or
controlled substance conviction as defined by the Education Code, Section 44011, that
individual's employment status and/or duties will be altered to comply with all local,
state, and federallawslregulations.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day indicated in the terms of the Agreement.
Dated: _February 10, 2004
THE CITY OF CHULA VISTA HILLTOP MIDDLE SCHOOL
~,~
Stephen C. Padilla, Mayor
Approved as to form by:
Ann Moore
City Attorney
Page 3
1/-7
" ~--~~--~-'----------""--'--"--"-"-
Attachment A
City of Chula Vista
Recreation Department Staffing
For Additional After-school Program
At Hilltop Middle School
The City shall provide the following staff and hours for the period of February 10, 2004
through June 1S, 2004, on the days that school is in session. from Monday through
Friday, based on SO school days:
4:15pm - 5:15pm 11.00 hours per day ~ Mondays)
Recreation Specialist: - 15 hours
5:15pm -6:15pm 11.00 hours per day- Tuesdays - Fridays)
Recreation Specialist: ~ 65 hours
TOTAL: 80 Hours
Page 4
I/~' 8'
COUNCIL AGENDA STATEMENT
Item: /
Meeting Date: Februarv 10, 2004
ITEM TITLE: Resolution amending the FY04 Library
Department budget by appropriating unanticipated donation
SUBMITTED BY: revenue in the amount of $11,400. ~
Assistant City Manager/Library Director
REVIEWED BY: ()i- '--' (4I5ths Vote: YES -L NO
City Manager J" ,>' -)
Since July 1, 2003, the Library Department has received donations from various organizations
and individuals for the purchase of new books to add to the Library's collection.
STAFF RECOMMENDATION: That Council adopt the resolution amending the FYO4
Library Department budget by appropriating unanticipated donation revenue in the amount of
$11,400 for book purchases.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
As part of its ongoing fund raising efforts, the Library conducted various direct mail solicitation
campaigns, which included "Help of Our Tree Grow," "Holiday Card" and other annual funding
efforts. Donations in the amount of $11,400 were received specifically to buy new library
materials. The Department now needs to appropriate these donations in order to purchase
additional books as intended by the donors.
FISCAL IMPACT: There is no fiscal impact to the City. The total amount of the donated
funds will be used to purchase approximately 570 new books that otherwise would not be
added to the Library's collection.
5//
RESOLUTION NO. 2004- -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VIST A AMENDING THE FY 04 LIBRARY
DEPARTMENT BUDGET BY APPROPRIATING
UNANTICIPATED DONATION REVENUE IN THE AMOUNT
OF $11,400.
WHEREAS, as part of an ongoing fund raising efforts, the Library conducted various
direct mail solicitation campaigns; and
WHEREAS, donations in the amount of S 11 ,400 were received specifically to buy new
library materials; and
WHEREAS, the Library Department needs to appropriate these donations in order to
purchase additional books as intended by the donors; and
WHEREAS, the donation will bc used to purchase approximately 507 new books.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby amend the FY 04 Library Department budget by appropriating unanticipated
donation revenue in the amount of $11 ,400 for book purchases.
Presented by Approved as to form by
A?1~e ~~ r
David Palmer
Assistant City Manager/Library Director City Attorney
J,"ttnmcylt-",oltln"""IAm,nd FY 04 Ltb"ty Dep! bet"ge!
? / d-~
COUNCIL AGENDA STATEMENT
Item
Meeting Date 02/10/04
ITEM TITLE: Resolution Approving Change Order No.3 for the "Pavement
Rehabilitation Program (Chip Seal) FY2002 (STL-277)" Project and
Authorizing the Director of Public Works Operations to Execute Said Change
Order on Behalf of the City
SUBMITTED BY: Director of Public Works operation$'
REVIEWED BY: h'¿.
City Manage .( . 'V (4/5thsVote:Yes- No.xJ
l,i :)C
On August 2, 2003, the City Council approved Resolution No. 2003-323 awarding a contract in the
amount of $748,817.00 to Windsor Fuel Company of Windsor, California, for the "Pavement
Rehabilitation Program (Chip Seal) FY2002 (STL~277)". Proposed Change Order No.3, in the
amount of $59,028.55 (see attachment), is for final adjustments to bid item quantities.
RECOMMENDATION: That Council approve the Resolution approving Change Order No.3
for the "Pavement Rehabilitation Program (Chip Seal) FY2002 (STL~277)" project and authorizing
the Director of Public Works Operations to execute said change order on behalf of the City.
BOARDS/COMMISSIONS RECOMMENDATION: N/A.
DISCUSSION:
During construction of the chip seal project, additional pavement dig-out repairs in Rancho del Rey
Parkway and in "H" Street between Broadway and Fourth A venue, totaling an additional 287 tons of
asphalt concrete not originally anticipated in the contract, were necessary due to increases in
pavement failures that occurred between the time of contract preparation and the time of
construction. This additional work was necessary in order to complete the work in accordance with
City standards prior to application ofthe chip seal. This resulted in an increased cost of$27,245.05
to the base contract.
Upon completion of the chip sealing, pavement marking work was performed. The final bid item
quantities for pavement striping and for Thermoplastic legends, limit lines, and turn arrows exceeded
the base contract amount by 9,130 lineal feet and 9,735 square feet, respectively. After the contract
quantities had been established for the Thermoplastic pavement markings, and prior to the start of
the contract work, a significant amount of new striping, especially on Rancho del Rey Parkway and
its adjoining streets, occurred. Additional Thermoplastic was also required on the other chip sealed
streets due to additional pavement markings that were necessary to complete the work in accordance
with City traffic safety standards.
I-I
V; I
._"'-"~' -_._----_......~.
Page 2, Item L?'
Meeting Date 02/10/04
The additional dig~out repair work on "H" Street at Broadway and at Fifth A venue also required the
replacement of 40 traffic signal detector loops at a total cost of $14,000; this additional work was
performed under Contract Change Order No. I. Contract Change Order No.2 is a no~cost change
order that changed and improved the type of asphalt emulsion used on the project. Both change
orders were executed in accordance with City Council Policy No. 574~01. Proposed Change Order
No.3 exceeds the individual and cumulative change order authority ofthe Director of Public Works
Operations and, therefore, requires City Council approval.
FISCAL IMPACT:
Sufficient funds are available in the contract contingency balance and the project's unencumbered
fund balance to cover the $59,028.55 increase in the contract amount due to Proposed Contract
Change Order No.3.
Attachment: Proposed Change Order No.3
kpa/rdj
H,IPublic Works Operations\AI13's 2004\STL277_CC03.1 ndoc 1I16/20044AI PM
/ '
f£J - d---
RESOLUTION NO. 2004-
RESOLUTiON OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING CHANGE ORDER NO.3 FOR THE
"PAVEMENT REHABILITATION PROGRAM (CHIP SEAL)
FY2002 (STL-277)" PROJECT AND AUTHORIZING THE
DIRECTOR OF PUBLIC WORKS OPERATIONS TO EXECUTE
SAID CHANGE ORDER ON BEHALF OF THE CITY
WHEREAS, on August 2, 2003, the City Council approved Resolution No. 20O3~323
awarding a contract in the amount of $748,817 to Windsor Fuel Company for the "Pavement
Rehabilitation Program (Chip Seal) FY 2002 (STL-277)"; and
WHEREAS, during construction of the chip seal project additional pavement dig-out
repairs on Rancho del Rey Parkway and on H Street between Broadway and Fourth Avenue were
required; and
WHEREAS, an unexpected and significant amount of new striping and pavement
markings were also needed; and
WHEREAS, Director of Public Works Operations proposes Change Order No.3, in the
amount of $59,028.55, to pay for extended general conditions and various items of work
necessary to complete the project in accordance with City standards; and
WHEREAS, the only other change order with a monetary impact to the project was
Change Order No. I, which allowed for the replacement of 40 traffic signal detector loops at a
total cost of$14,000; and
WHEREAS, sufficient funds are available in the contract contingency balance and the
project's unencumbered fund balance to cover the increase in the contract amount.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby approve the Change Order No.3, attached as Exhibit A, for the "Pavement
Rehabilitation Program (Chip Seal) FY 2002 (STL-277)" Project
BE IT FURTHER RESOLVED that the Director of Public Works Operations is
authorized to execute said Change Order on behalf of the City.
Presented by Approved as to form by
:v~ l . t+--
Dave Byers Ann Moore
Public Works Operations Director City Attorney
Jlaltomeylæ,olfinanceIS;dewalk Rehab STI.-277 Change oed" No" 3.doc
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~{f? EXHIBIT A
~
CITY OF
(HULA VISTA
DEPARTMENT OF PUBLIC WORKS OPERATIONS
January 14, 2004
0735-10-STL277
CONTRACT CHANGE ORDER NO.3 (QUANTITY ADJUSTMENTS)
CONTRACT: PAVEMENT REHABiliTATION PROGRAM FY2002 (CHIP SEAL) IN THE CITY
OF CHUlA VISTA
CONTRACTOR: WINDSOR FUEL COMPANY
The following quantity adjustments to bid items shall be made to the above referenced contract between the
CITY OF CHULA VISTA and WINDSOR FUEL COMPANY:
Decrease Bid Item 1 from 705,500 SF to 697,790.87 SF
Subtract 7,709.13 SF @ $0.16/SF -$ 1,233.46
Increase Bid Item 2 from 2,339,500 SF to 2,350,048 SF
Add 10,548.00 SF @ $0.145/SF $ 1,529.46
Increase Bid Item 3 from 1,700.00 TN to 1,986.79 TN (additional dig-out areas)
Add 286.79 TN @ $95.00rrN $27.245.05
Increase Bid l1em 4 from 214,000 LF to 223,130 LF
Add 9,130 LF @ $0.25/LF $ 2,282.50
Increase Bid l1em 5 from 7,100 SF to 16,835 SF
Add 9,735 SF @ $3.00/SF $29 205.00
Contract Change Order No.3 Net Cost $59,028.55
The adjustment of contract time for this change order wili be 10 DAYS.
ORIGINAL CONTRACT PRICE: $748,817.00
PREVIOUS CHANGE ORDERS: $ 14,000.00
THIS CHANGE ORDER: $ 59,028.55
REVISED TOTAL CONTRACT PRICE: $821,845.55
The agreed upon lump sum prices include all costs for furnishing all tools, labor, materials, equipment,
incidental costs, profit and fees for perfonning the work in this contract change and no additional
compensation will be due. It is agreed by the undersigned that this work shall be performed and materials
furnished in accordance with the original contract, Green Book spec' I ns, newly provided pians and
specifications, and applicable standard drawings.
~~~
APPROVED BY
WILLIAM A. ULLRICH DAVID BYERS
Ass!. Director of PWOPS Director of PWOPS
J : \E ngl naar\! N 8 P E CT\Aa -ins p a etars \a at"8 T L2 77\ Chang a 0 rd a r 3. d OC
1800 MAXWELL RO. . CHULA VISTA, CALIFORNIA 91911 . (619) 397-6000
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COUNCIL AGENDA STATEMENT
ITEM TITLE: Resolution Waiving the Formal Bidding Process
and Awarding an Agreement in an Amount Not to Exceed
$100,000 to the Solana Center for Environmental Innovation, for
Household Hazardous Waste Public Information and Authorizing
the City Manager to Execute the Agreement, and all Related
Documents.
SUBMITTED BY: Director of Conservation and Environmental Services Departmen~
Conservation Coordinator c:Ø.
REVIEWED BY: City Manager6'f ,.J
J~Q\
(4/5ths Vote: Yes- No X)
INTRODUCTION: The City was awarded a regional grant for a Household Hazardous Waste
Program by the California Integrated Waste Management Board (CIWMB) in the amount of
$300,000. Council accepted the grant and appropriated the funds on ~). This is the second
$300,000 grant awarded to the City by the CIWMB in the last three years. The last grant ended
March 2003. The current grant is designed to provide household hazardous waste (HHW)
education and disposal services to residents ofChula Vista, Imperial Beach, National City,
Coronado and the unincorporated areas of South Bay through March 2006. Council is being
requested to authorize the City Manager to execute an agreement for HHW public education
services; no additional appropriation is being requested.
Staff coordinat~d the City's grant application with La Mesa and Encinitas who also, each
received a $300,000 award. It was the intent of all three sub-regional applicants to pool a portion
of their respective grant funds to develop one consistent public education message for all county
residents. Staff is requesting authorization to renew an agreement with, the Solana Center for
Environmental Innovation (Solana Center) a not-for~profit public education agency. Solana
Center provided the public education services in the first countywide HHW grant cycle. If this
agreement is approved, Solana Center will continue to coordinate the development and
implementation ofHHW public education services for all three grant recipients and assure a
consistent education message for the residents of all (18) eighteen participating county agencies.
The City of San Diego is not a participant. The agreement will be funded completely with grant
funds.
STAFF RECOMMENDATION: Adopt the resolution as submitted to waive the formal bid
process, award an agreement to the Solana Center to continue a consistent public education
campaign for county residents that includes services for Chula Vista and other South Bay
residents.
BOARDS/COMMISSIONS RECOMMENDATION: The household hazardous waste
program is part of the Household Hazardous Waste Element that was reviewed and approved by
the Resource Conservation Commission as part of the Integrated Waste Management Plan.
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Household Hazardous Waste
February 10, 2004
Page 2
DISCUSSION: The Chula Vista CIWMB grant commits $100,000 of the $300,000 total to
public education services. That $100,000 is being pooled with $140,000 from each of the grants
awarded to La Mesa and Encinitas, which are administering similar $300,000, grants for their
respective sub-regions. Chula Vista's portion of the funds will focus on providing the public
education program objectives outlined in the grant to Chula Vista, Coronado, Imperial Beach,
National City and the unincorporated areas of South Bay. The program objectives of the grant
are:
1. Provide equal access to public recycling and disposal services for household
hazardous waste (HHW), electronic waste (e-waste), and universal waste (u~
waste) in the communities of the South Bay.
2. Expand existing program to allow for increased collection ofHHW, e-waste and
u~waste in underserved areas.
3. Reach out to residential generators and conditionally exempt small quantity
generators (CESQG).
4. Engage the community in practicing source reduction, pollution prevention, and
proper recycling/disposal through the implementation of a seamless countywide
publicity and education campaign.
The County of San Diego received and implemented a $300,000 sub~regional grant award in the
first round. Solana Center was selected as the County's regional service provider in a
competitive process managed by the County of San Diego at that time. Council approved the
first agreement with the Solana Center to coordinate Chula Vista's public education portion of
the first round of three countywide grant awards on February 5, 2002 (Resolution 2002-027).
Awarding this agreement to the Solana Center will allow the region to build on the success of the
first round, reduce start up time and costs, and continue to coordinate a countywide effort with
the other county sub-regions. The other two sub-regions are also renewing their contracts with
the Solana Center. Chula Vista Municipal Code Section 2.56.140 and Resolution No. 6132
authorizes the City to purchase goods or services via a cooperative agreement. The proposed
agreement is documented using the City's standard two-party consulting agreement (see
attached). Solana Center's compensation will be limited to a $100,000 fixed fee, based on
monthly progress payments and completion of specified deliverables. The fee will fund Solana
Center's services through the duration of the grant, March 2006. Council's adoption of the
proposed Resolution will allow the South Bay residents to participate in a countywide regional
program that provides a consistent and comprehensive public message. The remaining $200,000
in grant funds are allocated to fund HHW, electronic waste and universal waste disposal, and
equipment costs for the participating South Bay jurisdictions.
Staff recommends that the City's formal bid process be waived as impractical pursuant to the
authority contained in Chula Vista Municipal Code Section 2.56.070. Because of the unique
qualifications of the Solana Center and the public benefits of coordinating a regional HHW
outreach program through a single provider, staff believes that the City's interests would be
materially better served by contracting with the existing HHW education provider that is also
being used by other public agencies in the region.
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Household Hazardous Waste
February 10, 2004
Page 3
FISCAL IMPACT: Council's action to approve the resolution as submitted would have no
adverse impact on the general fund. All costs from the proposed $100,000 agreement with the
proposed contractor are funded by a $300,000 grant from the California Integrated Waste
Management Board. Any administrative costs for implementing the grant are part of the existing
budget and are funded by the AB 939 fee collected through a solid waste and recycling billing
surcharge. To the extent that the public education contract reduces or eliminates improper
disposal, Council's action to adopt the resolution should help reduce general fund costs to
recover household hazardous waste through Public Works or Fire Department operations, and
reduce collection, disposal and remediation costs to third parties for abandoned or spilled wastes.
Attachments:
Draft Agreement mtm:hhw/cas-solana center
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RESOLUTION NO. 2004~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAiVING THE FORMAL BIDDING PROCESS
AND AWARDING AN AGREEMENT IN AN AMOUNT NOT
TO EXCEED $100,000 TO THE SOLANA CENTER FOR
ENVIRONMENT AL INNOV A nON, FOR HOUSEHOLD
HAZARDOUS WASTE PUBLIC INFORMATION AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT, AND ALL RELATED DOCUMENTS
WHEREAS, the City was awarded a regional grant for a Household Hazardous Waste
Program by the California Integrated Waste Management Board (CIWMB) in the amount of
$300,000; and
WHEREAS, this is the second 5300,000 grant awarded to the City in the last three years;
and
WHEREAS, the current grant is designed to provide household hazardous waste (HHW)
education and disposal services to residents of Chula Vista, Imperial Beach, National City,
Coronado and the unincorporated areas of South Bay through March 2006; and
WHEREAS, statT coordinated the City's grant application with La Mesa and Encinitas
who also, each received $300,000 award. It was the intent of all three sub-regional applicants to
pool a portion of their respective grand funds to develop one consistent public education message
for all county residents; and
WHEREAS, the program objectives of the grant are:
. Provide equal access to public recycling and disposal services for household hazardous
waste (HHW), electronic waste (e-waste), and universal waste (u-waste) in the
communities of the South Bay.
. Expand existing program to allow for increased collection of HHW, e-waste and u~waste
in underserved areas.
. Reaeh out to residential generators and conditionally exempt small quantity generators
(CESQG).
. Engage the community in practicing source reduction, pollution prevention, and proper
recycling/disposal through the implementation of a seamless countywide publicity and
cducation campaign.
1
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WHEREAS, staff is requesting authorization to renew an agreement with Solana Center
for Environmental Innovation (Solana Center) a not~for-profit public education agency; and
WHEREAS, Solana Center provided the public education services in the first countywide
HHW grant cycle; and
WHEREAS, because of the unique qualifications of the Solana Center and the public
benefits of coordinating a regional HHW program through a single provider; staff recommends
that the City's formal bid process be waived as impractical pursuant to the authority contained in
Chula Vista Municipal Code Section 2.56.070; further, staff has detennined that city interests
would be materially better served by the existing HHW education provider that is also being used
by other public agencies; and
WHEREAS, the work involved in this project is exempt under Section 15301, Class lc of
the California Environmental Quality Act (Minor Alterations of Existing Public Improvements or
Public Structures).
NOW, THEREFORE, BE IT RESOLVED that the City Council of City of Chula Vista
does hereby I) waive the fonnal bidding process is impractical based on the facts and findings set
forth above and the authority contained in Chula Vista Municipal Code Section 2.56.070; and 2)
approve an Agreement with the Solana Center for Environmental innovation, for Household
Hazardous Waste Public Information services on the terms and conditions presented.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute said
Agreement and any and all related documents in final fonns approved by the City Attorney on
behalf of the City ofChula Vista.
Presented by Approved as to fonn by
Michael Meacham
Director of Conservation and Environmental Services
Department
.I,Attnrney/Rcso/blds/Snlaoa Center
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THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Dated: 0
Agreement between he C' y of hula Vista
And Solana Center for Environmental Innovation
For Household Hazardous Waste Public Education
And Outreach Services
1-, ~
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Agreement between
City of Chula Vista
and
Solana Center for Environmental Innovation
for Household Hazardous Waste Public Education
and Outreach Services
This agreement ("Agreement"), is entered into effective as of February 10,2004, (Effective
Date) between the City of Chula Vista and Solana Center for Environmental Innovation
(Solana Center), and is made with reference to the following facts:
Recitals
Whereas.. the City has received a $300,000 Household Hazardous Waste (HHW) grant
from the California Integrated Waste Management Board (CIWMB) ; and,
Whereas, the City has dedicated $100,000 of those funds to develop the South Bay
component of a county wide public education program in conjunction with the City of La
Mesa and City of Encinitas who have received similar grants and represent other sub-
regions of the county; and,
Whereas, the County previously selected Solana Recyclers to provide public education
services as a result of a competitive request for proposal process (RFP), and
Whereas, Chula Vista, Encinitas and La Mesa staff have agreed to recommend the use
of the same contractor to provide the same services and continuity throughout the
county as provided under the prior HHW grant awarded in February 2002, and
Whereas, under this Agreement Consultant is responsible for providing services in the
Cities of Chula Vista, Coronado, Imperial Beach and National City with the City of Chula
Vista responsible for contract administration and payment, and
Whereas, Consultant warrants and represents that they are experienced and staffed in
a manner such that they are and can prepare and deliver the services required of
Consultant to City within the time frames herein provided all in accordance with the
terms and conditions of this Agreement;
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NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby
mutually agree as follows:
1. Consultant's Duties
A. General Duties;
Consultant shall perform all of the services described on the attached Exhibit A,
Paragraph 7, entitled "General Duties."
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties", Consultant
shall also perform all of the services described in Exhibit A, Paragraph 8, entitled
" Scope of Work and Schedule", not inconsistent with the General Duties,
according to, and within the time frames set forth in Exhibit A, Paragraph 8, and
deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8,
within the time frames set forth therein, time being of the essence of this
agreement. The General Duties and the work and deliverables required in the
Scope of Work and Schedule shall be herein referred to as the "Defined
Services". Failure to complete the Defined Services by the times indicated does
not, except at the option of the City, operate to terminate this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from time to time
reduce the Defined Services to be performed by the Consultant under this
Agreement. Upon doing so, City and Consultant agree to meet in good faith and
confer for the purpose of negotiating a corresponding reduction in the
compensation associated with said reduction.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require
Consultant to perform additional consulting services related to the Defined
Services ("Additional Services"), and upon doing so in writing, if they are within
the scope of services offered by Consultant, Consultant shall perform same on a
time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A,
Paragraph 11 (A), unless a separate fixed fee is otherwise agreed upon. All
compensation for Additional Services shall be paid monthly as billed.
E. Standard of Care
Consultant, in performing any Services under this agreement, whether Defined
Services or Additional Services, shall perform in a manner consistent with that
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level of care and skill ordinarily exercised by members of the profession currently
practicing under similar conditions and in similar locations.
F. Insurance
Consultant represents that it and its agents, staff and subconsultants employed
by it in connection with the Services required to be rendered, are protected
against the risk of loss by the following insurance coverages, in the following
categories, and to the limits specified, policies of which are issued by Insurance
Companies that have a Best's Rating of "A, Class V" or better, or shall meet with
the approval of the City:
Statutory Worker's Compensation Insurance and Employer's Liability Insurance
coverage in the amount set forth in the attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business Automobile Insurance
coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit
applied separately to each project away from premises owned or rented by
Consultant, which names City as an Additional Insured, and which is primary to
any policy which the City may otherwise carry ("Primary Coverage"), and which
treats the employees of the City in the same manner as members of the general
public ("Cross-liability Coverage").
G. Proof of Insurance Coverage.
(1) Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein required, prior to
the commencement of services required under this Agreement, by delivery
of Certificates of Insurance demonstrating same, and further indicating
that the policies may not be canceled without at least thirty (30) days
written notice to the Additional Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage, Primary
Coverage and Cross-liability Coverage required under Consultant's
Commercial General Liability Insurance Policy, Consultant shall deliver a
policy endorsement to the City demonstrating same, which shall be
reviewed and approved by the Risk Manager.
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H. Securitv for Performance.
(1) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates the need for
Consultant to provide a Performance Bond (indicated by a check mark in
the parenthetical space immediately preceding the subparagraph entitled
"Performance Bond"), then Consultant shall provide to the City a
performance bond by a surety and in a form and amount satisfactory to
the Risk Manager or City Attorney which amount is indicated in the space
adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit
A.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates the need for
Consultant to provide a Letter of Credit (indicated by a check mark in the
parenthetical space immediately preceding the subparagraph entitled
"Letter of Credit"), then Consultant shall provide to the City an irrevocable
letter of credit callable by the City at their unfettered discretion by
submitting to the bank a letter, signed by the City Manager, stating that the
Consultant is in breach of the terms of this Agreement. The letter of credit
shall be issued by a bank, and be in a form and amount satisfactory to the
Risk Manager or City Attorney which amount is indicated in the space
adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A.
(3) Other Security
In the event that Exhibit A. at Paragraph 19, indicates the need for
Consultant to provide security other than a Performance Bond or a Letter
of Credit (indicated by a check mark in the parenthetical space
immediately preceding the subparagraph entitled "Other Security"), then
Consultant shall provide to the City such other security therein listed in a
form and amount satisfactory to the Risk Manager or City Attorney.
I. Business License
Consultant agrees to obtain a business license from the City and to
otherwise comply with Title 5 of the Chula Vista Municipal Code.
1. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing
the progress of the Defined Services and Schedule therein contained,
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and to provide direction and guidance to achieve the objectives of this
agreement. The City shall permit access to its office facilities, files and
records by Consultant throughout the term of the agreement. In
addition thereto, City agrees to provide the information, data, items and
materials set forth on Exhibit A, Paragraph 10, and with the further
understanding that delay in the provision of these materials beyond 30
days after authorization to proceed, shall constitute a basis for the
justifiable delay in the Consultant's performance of this agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant submitted
to the City periodically as indicated in Exhibit A, Paragraph 18, but in
no event more frequently than monthly, on the day of the period
indicated in Exhibit A, Paragraph 18, City shall compensate Consultant
for all services rendered by Consultant according to the terms and
conditions set forth in Exhibit A, Paragraph 11, adjacent to the
governing compensation relationship indicated by a "checkmark" next
to the appropriate arrangement, subject to the requirements for
retention set forth in paragraph 19 of Exhibit A, and shall compensate
Consultant for out of pocket expenses as provided in Exhibit A,
Paragraph 12.
All billings submitted by Consultant shall contain sufficient information
as to the propriety of the billing to permit the City to evaluate that the
amount due and payable thereunder is proper, and shall specifically
contain the City's account number indicated on Exhibit A, Paragraph
18 (C) to be charged upon making such payment.
2. Administration of Contract
Each party designates the individuals ("Contract Administrators") indicated
on Exhibit A, Paragraph 13, as said party's contract administrator who is
authorized by said party to represent them in the routine administration of
this agreement.
3. Term.
The term of this Agreement shall commence on the Effective Date and
terminate on March 30, 2006 unless extended at the sale discretion of the
City.
4. Liquidated Damages
The provisions of this section apply if a Liquidated Damages Rate is
provided in Exhibit A, Paragraph 14.
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It is acknowledged by both parties that time is of the essence in the
completion of this Agreement. It is difficult to estimate the amount of
damages resulting from delay in performance. The parties have used
their judgment to arrive at a reasonable amount to compensate for delay.
Failure to complete the Defined Services within the allotted time period
specified in this Agreement shall result in the following penalty: For each
consecutive calendar day in excess of the time specified for the
completion of the respective work assignment or Deliverable, the
consultant shall pay to the City, or have withheld from monies due, the
sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14
("Liquidated Damages Rate").
Time extensions for delays beyond the consultant's control, other than
delays caused by the City, shall be requested in writing to the City's
Contract Administrator, or designee, prior to the expiration of the specified
time. Extensions of time, when granted, will be based upon the effect of
delays to the work and will not be granted for delays to minor portions of
work unless it can be shown that such delays did or will delay the progress
of the work.
5. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer",
Consultant is deemed to be a "Consultant" for the purposes of the Political
Reform Act conflict of interest and disclosure provisions, and shall report
economic interests to the City Clerk on the required Statement of
Economic Interests in such reporting categories as are specified in
Paragraph 15 of Exhibit A, or if none are specified, then as determined by
the City Attorney.
B. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC Filer,
Consultant shall not make, or participate in making or in any way attempt
to use Consultant's position to influence a governmental decision in which
Consultant knows or has reason to know Consultant has a financial
interest other than the compensation promised by this Agreement.
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer,
Consultant warrants and represents that Consultant has diligently
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conducted a search and inventory of Consultant's economic interests, as
the term is used in the regulations promulgated by the Fair Political
Practices Commission, and has determined that Consultant does not, to
the best of Consultant's knowledge, have an economic interest which
would conflict with Consultant's duties under this agreement.
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer,
Consultant further warrants and represents that Consultant will not
acquire, obtain, or assume an economic interest during the term of this
Agreement which would constitute a conflict of interest as prohibited by
the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer,
Consultant further warrants and represents that Consultant will
immediately advise the City Attorney of City if Consultant learns of an
economic interest of Consultant's which may result in a conflict of interest
for the purpose of the Fair Political Practices Act, and regulations
promulgated thereunder.
F. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor
Consultant's immediate family members, nor Consultant's employees or
agents ("Consultant Associates") presently have any interest, directly or
indirectly, whatsoever in any property which may be the subject matter of
the Defined Services, or in any property within 2 radial miles from the -
exterior boundaries of any property which may be the subject matter of the
Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A,
Paragraph 15.
Consultant further warrants and represents that no promise of future
employment, remuneration, consideration, gratuity or other reward or gain
has been made to Consultant or Consultant Associates in connection with
Consultant's performance of this Agreement. Consultant promises to
advise City of any such promise that may be made during the Term of this
Agreement, odor 12 months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such
Prohibited Interest within the Term of this Agreement, or for 12 months
after the expiration of this Agreement, except with the written permission
of City.
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Consultant may not conduct or solicit any business for any party to this
Agreement, or for any third party which may be in conflict with
Consultant's responsibilities under this Agreement, except with the written
permission of City.
6. Hold Harmless
Consultant shall defend, indemnify, protect and hold harmless the City, its
elected and appointed officers and employees, from and against all claims
for damages, liability, cost and expense (including without limitation
attorneys fees) arising out of or alleged by third parties to be the result of
the negligent acts, errors or omissions or the willful misconduct of the
Consultant, and Consultant's employees, subcontractors or other persons,
agencies or firms for whom Consultant is legally responsible in connection
with the execution of the work covered by this Agreement, except only for
those claims, damages, liability, costs and expenses (including without
limitations, attorneys fees) arising from the sole negligence or sole willful
misconduct of the City, its officers, employees. Also covered is liability
arising from, connected with, caused by or claimed to be caused by the
active or passive negligent acts or omissions of the City, its agents,
officers, or employees which may be in combination with the active or
passive negligent acts or omissions of the Consultant, its employees,
agents or officers, or any third party.
Consultant's indemnification shall include any and all costs, expenses,
attorneys fees and liability incurred by the City, its officers, agents or
employees in defending against such claims, whether the same proceed
to judgment or not. Consultant's obligations under this Section shall not
be limited by any prior or subsequent declaration by the Consultant.
Consultant's obligations under this Section shall survive the termination-of
this Agreement.
7. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a timely and proper
manner Consultant's obligations under this Agreement, or if Consultant
shall violate any of the covenants, agreements or stipulations of this
Agreement, City shall have the right to terminate this Agreement by giving
written notice to Consultant of such termination and specifying the
effective date thereof at least five (5) days before the effective date of
such termination. In that event, all finished or unfinished documents, data,
studies, surveys, drawings, maps, reports and other materials prepared by
Consultant shall, at the option of the City, become the property of the City,
and Consultant shall be entitled to receive just and equitable
compensation for any work satisfactorily completed on such documents
and other materials up to the effective date of Notice of Termination, not to
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exceed the amounts payable hereunder, and less any damages caused
City by Consultant's breach.
8. Errors and Omissions
In the event that the City Administrator determines that the Consultants'
negligence, errors, or omissions in the performance of work under this
Agreement has resulted in expense to City greater than would have
resulted if there were no such negligence, errors, omissions, Consultant
shall reimburse City for any additional expenses incurred by the City.
Nothing herein is intended to limit City's rights under other provisions of
this agreement.
9. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by
giving specific written notice to Consultant of such termination and
specifying the effective date thereof, at least thirty (30) days before the
effective date of such termination. In that event, all finished and
unfinished documents and other materials described hereinabove shall, at
the option of the City, become City's sole and exclusive property. If the
Agreement is terminated by City as provided in this paragraph, Consultant
shall be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents and other materials to the
effective date of such termination. Consultant hereby expressly waives
any and all claims for damages or compensation arising under this
Agreement except as set forth herein.
10. Assignability
The services of Consultant are personal to the City, and Consultant shall
not assign any interest in this Agreement, and shall not transfer any
interest in the same (whether by assignment or novation), without prior
written consent of City. City hereby consents to the assignment of the
portions of the Defined Services identified in Exhibit A, Paragraph 17 to
the subconsultants identified thereat as "Permitted Subconsultants".
11. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans,
procedures, systems and any other materials or properties produced
under this Agreement shall be the sole and exclusive property of City. No
such materials or properties produced in whole or in part under this
Agreement shall be subject to private use, copyrights or patent rights by
Consultant in the United States or in any other country without the express
written consent of City. City shall have unrestricted authority to publish,
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disclose (except as may be limited by the provisions of the Public Records
Act), distribute, and otherwise use, copyright or patent, in whole or in part,
any such reports, studies, data, statistics, forms or other materials or
properties produced under this Agreement.
12. Independent Contractor
City is interested only in the results obtained and Consultant shall perform
as an independent contractor with sole control of the manner and means
of performing the services required under this Agreement. City maintains
the right only to reject or accept Consultant's work products. Consultant
and any of the Consultant's agents, employees or representatives are, for
all purposes under this Agreement, an independent contractor and shall
not be deemed to be an employee of City, and none of them shall be
entitled to any benefits to which City employees are entitled including but
not limited to, overtime, retirement benefits, worker's compensation
benefits, injury leave or other leave benefits. Therefore, City will not
withhold state or federal income tax, social security tax or any other
payroll tax, and Consultant shall be solely responsible for the payment of
same and shall hold the City harmless with regard thereto.
13. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement,
against the City unless a claim has first been presented in writing and filed
with the City and acted upon by the City in accordance with the
procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as
same may from time to time be amended, the provisions of which are
incorporated by this reference as if fully set forth herein, and such policies
and procedures used by the City in the implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with
City for the purpose of resolving any dispute over the terms of this
Agreement.
14. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is
agreed that the prevailing party shall be entitled to a judgment against the
other for an amount equal to reasonable attorney's fees and court costs
incurred. The "prevailing party" shall be deemed to be the party who is
awarded substantially the relief sought.
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15. Statement of Costs
In the event that Consultant prepares a report or document, or participates
in the preparation of a report or document in performing the Defined
Services, Consultant shall include, or cause the inclusion of, in said report
or document, a statement of the numbers and cost in dollar amounts of all
contracts and subcontracts relating to the preparation of the report or
document.
16. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have no
authority to act as City's agent to bind City to any contractual agreements
whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or
their principals islare licensed with the State of California or some other
state as a licensed real estate broker or salesperson. Otherwise,
Consultant represents that neither Consultant, nor their principals are
licensed real estate brokers or salespersons.
C. Notices
All notices, demands or requests provided for or permitted to be given
pursuant to this Agreement must be in writing. All notices, demands and
requests to be sent to any party shall be deemed to have been properly-
given or served if personally served or deposited in the United States mail,
addressed to such party, postage prepaid, registered or certified, with
return receipt requested, at the addresses identified herein as the places
of business for each of the designated parties.
D. Entire Agreement
This Agreement, together with any other written document referred to or
contemplated herein, embody the entire Agreement and understanding
between the parties relating to the subject matter hereof. Neither this
Agreement nor any provision hereof may be amended, modified, waived
or discharged except by an instrument in writing executed by the party
against which enforcement of such amendment, waiver or discharge is
sought.
C:IDocuments and SettingsllynnflMy DocumentsIHHWlILACSDIAGREEMENT- final-doc Page' 1
E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the
other party that it has legal authority and capacity and direction from its
principal to enter into this Agreement, and that all resolutions or other
actions have been taken so as to enable it to enter into this Agreement.
F. Governing LawNenue
This Agreement shall be governed by and construed in accordance with
the laws of the State of California. Any action arising under or relating to
this Agreement shall be brought only in the federal or state courts located
in San Diego County, State of California, and if applicable, the City of
Chula Vista, or as close thereto as possible. Venue for this Agreement,
and performance hereunder, shall be the City of Chula Vista.
[end of page. next page is signature page.]
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FEB- 5-04 THU 12: 36 PM SOLANA RECYCLERS F AX NO. 1-760-436-8263 P. 2
Signature Page
to
Agreement between City of Chula Vista
and
Solana Center for Environmental Innovation
for
HHW Public Education and Outreach Services
IN WITNESS WHEREOF, City and Consultant have executed this Agreement, as of the
Effective Date thereby indicating that they have read and understood same, and
indicate their full and complete consent to its terms:
City of Chula Vista
by:
Steve Padilla, Mayor
Attest
Susan Bigelow. City Clerk
Approved as to form:
-
Ann Moore, City Attorney
Solana Center
for Environmental Innovation.
CITEMPIAGREEMENT- r;nal.doc Page 13
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Exhibit List to Agreement
(X) Exhibit A.
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--
Exhibit A
to
Agreement between
City of Chula Vista
and
Solana Center for Environmental Innovation
1. Effective Date of Agreement: February 10, 2004
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation of the State of
California
() Redevelopment Agency of the City of Chula Vista, a political subdivision of
the State of California
() Industrial Development Authority of the City of Chula Vista, a
( ) Other: , a [insert
business form]
("City")
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant: Solana Center for Environmental Innovation.
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
137 N EI Camino Real
Encinitas, California 92024
Voice Phone (760) 436-7986 Ext 13
Fax Phone (760) 436-8263
7. General Duties:
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To promote behaviors of primary consumers that will result in the reduction of
residentially-generated hazardous waste, and the proper disposal of such waste:
);> Create and deliver a media and promotion campaign to the region. Develop and
distribute specific printed informational materials (Flyers/Surveys, a Less Toxic
Yard Workbook, a Spanish HHW booklet, Moving Guide (Eng./Spa.), U-
Waste/CED Publication, and Billing Inserts.
> Deliver education/presentations at community venues and events.
> Evaluate and administer program effectively and efficiently.
To promote the HHW, Electronic Waste, Used Oil and Curbside Recycling services
provided by the jurisdiction and the regional programs, in order to facilitate acquisition of
services by residents. (1-800CLEANUP will be promoted on outreach materials, but will
be used to refer residents back to existing local program hotlines and appointment
lines).
Contractor must also develop a methodology for measuring the effectiveness of its program
in increasing public awareness of HHW services, and reducing the overall generation of
HHW.
8. Scope of Work and Schedule:
A. Detailed Scope of Work: (See Attachment A -Household Hazardous
Waste Public Education - Scope of Work)
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement -
( ) Other:
C. Dates or Time Limits for Delivery of Deliverables: (See Attachment B -
South County Household Hazardous Waste Partnership (SCHHWP) Work
Statement)
D. Date for completion of all Consultant services:
March 30, 2006 unless at the City's sole discretion, the agreement is
extended.
9. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
(X) Employer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
C:\Documents and Settings\lynn~My Documents\HHW\ILACSDIAGREEMENT- final.doc Page 16
10. Materials Required to be Supplied by City to Consultant: Existing Household
Hazardous Waste brochures and program information,
11. Compensation:
A. (X) Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant as herein required,
City shall pay a single fixed fee in the amounts and at the times or milestones or for the
Deliverables set forth below:
Single Fixed Fee Amount: $100,000, payable as follows:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
For so long as Consultant is in compliance with its obligations under this Agreement
(including, without limitation, conformance with the milestones described in Exhibit B
attached hereto) the City shall make monthly payments of compensation to Consultant in
the amount of $3,846.20 (less the 10% retention)= $3,461.58. Payments shall be made by
no later than the 15th of each month. This first payment shall be made on March 15,2004,
and the last payment shall be made on April 15, 2006. The last payment on April 15, 2006
shall also include the distribution of any and all due and payable retention amounts. City
reserves the right to hold-back monthly payments in the event Consultant fails to achieve
the specified milestones, or is otherwise in default under the Agreement.
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the performance
of services herein required, City shall pay Consultant at the rates or amounts set forth
below:
(X) None, the compensation includes all costs.
Cost or Rate (Intentionally Omitted)
13. Contract Administrators:
City: Lynn France, Conservation Coordinator
Consultant: Jeff Lindenthal, Executive Director, Solana Center
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14. Liquidated Damages Rate:
(X) $50.00 per day.
( ) Other:
15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of
Interest Code:
(X) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer (Intentionally Omitted)
16. ( ) Consultant is Real Estate Broker and/or Salesman
17. Permitted Subconsultants:
I Love A Clean San Diego
Derek D. Turbide, Executive Director
(858) 467-0103
18. Bill Processing:
A. Consultant's billing to be submitted for the following period of time:
(X) Monthly
( ) Quarterly
( ) Other:
B. Day of the Period for submission of Consultant's Billing: -
(X) First of the Month
( ) 15th Day of each Month
( ) End of the Month
( ) Other:
C. City's Account Number: 28182-6401
19. Security for Performance
(X) Retention. If this space is checked, then notwithstanding other provisions
to the contrary requiring the payment of compensation to the Consultant
sooner, the City shall be entitled to retain, at their option, either the
following "Retention Percentage" or "Retention Amount" until the City
determines that the Retention Release Event, listed below, has occurred:
(X) Retention Percentage: 10%
( ) Retention Amount: $
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.. "
Retention Release Event:
(X) Completion of All Consultant Services
( ) Other:
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~~._-
Attachment List to Agreement
Attachment A - Solana Center Household Hazardous Waste Scope of Work
Attachment B - South County Household Hazardous Waste Partnership Work
Statement from Grant Application.
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Attachment A
HOUSEHOLD HAZARDOUS WASTE PUBLIC EDUCATION
Grant # 12
Scope of Work
1. INTRODUCTION
The City of Chula Vista in partnership with the Cities of Coronado, Imperial Beach and
National City, and the County of San Diego requires the services of an experienced non-
profit corporation to develop and implement public education and information services to
supplement and promote existing Household Hazardous Waste (HHW) services for the
period of DATE TBD through DATE TBD. The City will utilize funding from the California
Integrated Waste Management Board (CIWMB) to establish a regional public education
program to facilitate the acquisition of Household Hazardous Waste related information and
services by the public. The amount of the contract shall in no event exceed $100.000.
It is intended and required that the services and supplies to be provided under the
proposed contract be made available to the North and East County sub-regions in addition
to any other public agency (i.e., city, district, public authority, public agency, municipality
and other political sub-division or public corporation of California) located in San Diego
County at the same costs as negotiated by the award made as a result of this
solicitation. The above -named sub-regions intend to contract like services for
approximately $ 140,000 each. The City shall incur no financial responsibility in connection
with purchase order issued by another public agency. The public agency shall accept sole
responsibility for placing order or payments to the vendor.
This contract will combine pollution prevention/source reduction efforts and information on
appropriate disposal options to form a coordinated community outreach and education
program, which will be consistent throughout the county. The focus of this contract shall be
source reduction, proper disposal, and recycling options and will target the primary
consumers of HHW including Electronic Wastes and Universal Wastes. This contract shall
also include promotion ofthe development of a market for less hazardous products. There
are four separate elements in this contract, including:
1. Media and Promotion
2. Publications
3. Education and Outreach
4, Program Evaluation and Administration
II. GENERAL
A. Work to be Performed - Overview
1. Contractor shall develop and present a consolidated public education campaign
focused on source reduction and proper disposal and recycling of household
hazardous waste. This campaign will encompass a subregion-wide media and
promotion; specified publications, education and outreach, and program evaluation
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and administration.
2. Contractor shall obtain active community participation in the development and
implementation of program efforts and work with a subcommittee of regional HHW
grant administrators (Subcommittee) to generate in-kind support from local retailers,
community groups, and business and industry to ensure program success.
3. The target audience for this program shall be residents of the South County region,
with specific focus on the following jurisdictions:
. Chula Vista
. Coronado
. Imperial Beach
. National City
. County of San Diego
4. Contractor is required to be knowledgeable about existing Household Hazardous
Waste programs, jurisdictional Household Hazardous Waste Elements, and the San
Diego Municipal Storm Water Permit, and ensure the public education campaign is
consistent with these requirements. These items shall be incorporated into the
contract.
5. Contractor shall work with the Subcommittee to coordinate the development of
materials to complement Pollution Prevention, Municipal Storm Water Permit
requirements, Regional Water Quality Control, Solid Waste and Recycling, and
other related programs that jurisdictions may require to implement HHW programs
as a part of a comprehensive prevention or response program.
B. Proqram Objectives
1. To promote behaviors of primary consumers that will result in the reduction of
residentially-generated hazardous waste, and the proper disposal of such waste:
>- Create and deliver a media and promotion campaign to the region.
>- Develop and distribute specific printed informational materials (Flyers/Surveys, a
Less Toxic Yard Workbook, a Spanish HHW booklet, Moving Guide (Eng.lSpa.),
U-Waste/CED Publication, and Billing Inserts.
>- Deliver education/presentations at community venues and events.
>- Evaluate and administer program effectively and efficiently.
2. To promote the HHW, Electronic Waste, Used Oil and Curbside Recycling services
provided by the jurisdiction and the regional programs, in order to facilitate
acquisition of services by residents. (1-800CLEANUP will be promoted on outreach
materials, but will be used to refer residents back to existing local program hotlines
and appointment lines).
3. Contractor must develop a methodology for measuring the effectiveness of its
C:\Documents and Settìngs\lynn~My Documents\HHW\ILACSDIAGREEMENT- finaL doc Page 22
program in increasing public awareness of HHW services, and reducing the overall
generation of HHW.
Definitions
For purposes of this program, the following definition shall apply:
1. CIWMB- (The California Integrated Waste Management Board) - A state agency
with primary responsibility for implementing the California Integrated Waste
Management Act.
2. Electronic Waste - (E-Waste) Any electronic products that are either no longer
useable or otherwise obsolete. (May include computer equipment, monitors, small
appliances, etc.)
3. Hazardous Material - Any substance or mixture of substances which is toxic,
corrosive, flammable, an irritant, a strong sensitizer, or generates pressure through
decomposition, heat or other means, if such a substance or mixture of substances
may cause substantial injury, serious illness or harm to humans, domestic livestock,
or wildlife.
4. Household Hazardous Material - A hazardous material used to maintain a
residence. Examples are paint and paint related materials; yard and garden
products; household cleaners; used oil, auto fluids, auto batteries and oil filters; and
household batteries.
5. Household Hazardous Waste - A household hazardous material that no longer has
a use and is intended to be discarded.
6. Pollution Prevention - Practices that reduce or eliminate the amount of pollutants
generated, or released into the environment.
7. Point of Purchase (POP) - The shelves or counters of Retail outlets where
consumers select products prior to make purchases.
8. POP Centers - Retail outlets, shops and stores chosen to be official points of
contact where POP Campaign information will be disseminated to the public and
community involvement will be encouraged.
9. Primary Consumers - The person or persons that purchase a household
hazardous material, electronics, or materials that may become "Universal Waste."
10. Universal Waste - any of the following that are exempt from classification as a
hazardous waste pursuant to Section 66261.9 of the California Code of Regulations:
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A. Batteries
B. Mercury thermostats
C. Fluorescent Lamps and Tubes
D. Cathode Rav Tube materials
E. Proqram Responsibilities
1. Contractor is responsible for coordinating all contract activities, including any
subcontracted portions of this contract.
2. Contractor must coordinate the public education activities with current and ongoing
(i.e. non-contracted and otherwise contracted) HHW outreach efforts via continual
communication with the Subcommittee.
3. The City may reserve the right to hold back 10% of final payment until all documents
related to the contract have been produced and approved.
4. Contractor shall be responsible for the preparation of all information and materials
used in the outreach program and "Point of Purchase" Campaign (see Scope of
Work Items Defined, Section C).
a. Media plans, including specific media, e.g. specific radio station, market reach,
demographics and market share. must be presented for approval prior to the
contractor entering into any subcontracts.
b. Each publication and media piece must be submitted to the City for approval
prior to final development.
c. At least five (5) hard copy originals and electronic copies, as well as the camera-
ready art work for any printed materials, and an electronic copy for any video or
radio productions shall be provided to the City for each media product. All work
products shall be the property of the City and its partner jurisdictions including
but not limited to the CA Integrated Waste Management Board.
5. Contractor must submit all work products, including all drafts as requested by the
City for review and approval prior to implementation into the program,
6. Contractor will be required to warrant the accuracy of any Spanish translation
required.
F. Proqram Equipment & Materials
1. Except as provided in the Scope of Work or otherwise noted herein, the contractor
shall furnish all labor and equipment to perform all the tasks relating to this contract.
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2, Contractor shall furnish all materials, such as office items and general office
equipment, to efficiently fulfill the tasks described in this scope of work.
G. Publicitv
1. No material may be published or released to the public by the contractor without
prior written approval by the City. The City shall not be responsible for payment for
any activities or publications provided without prior approval. The City shall require
a minimum of ten (10) working days prior to contractor due dates for review of any
material submitted for approval. All items must include the following:
a. Specific information on HHW recycling/disposal
b. The 1-BOOCLEANUP referral hotline number (& Website when appropriate)
c. Acknowledgement of the California Integrated Waste Management Board
(CIWMB) Funding that reads "Funded by a grant from the California
Integrated Waste Management Board" and credit to the San Diego Regional
HHW Program Partnership.
d. At least fifty percent recycled content, with at least ten percent of that being
post-consumer material.
If specific public agency or program logos are required on materials at the request of
the City, camera-ready the City will provide artwork and/or electronic files to
contractor.
2. All copyrights, trademarks, original artwork, and reproduction masters developed
under this contract are the property of the Regional HHW Program Partnership and
the CIWMB. Contractor must provide trademark or service mark searches
indicating the availability of such proposed marks, and must provide the City specific
releases for all rights to trademarks, service marks and copyrights.
H. ProQram MonitorinQ and ReportinQ
1. Contractor shall maintain accurate records of all work performed for this contract.
This shall include copies of incoming and outgoing correspondence, news releases,
telephone log sheets, monthly telephone bills, and all items related to purchases
and services provided in the performance of this contract. These documents shall
be retained in the Contractor's permanent file and shall be available for inspection
and audit by the City or its designee during the term of this contract and for a period
no less than one year after the end of the term and all extensions thereof.
2. Contractor shall submit to the designated City contract administrator at least
quarterly invoices, brief written progress reports, and requested documentation for
all contract tasks processed during the preceding quarter. The progress reports
shall at a minimum, contain the following:
a. Actual audience exposure, e.g. audience size, demographics, number of
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placements, time of day and name of program (radio, TV).
b. The progress report shall include a chart or graph demonstrating the percentage
of the project completed for each task payment is requested.
c. A narrative review of progress made during the quarter being reported written
in a format approved by the City. This should outline accomplishments, any
problems encountered as well as solutions to problems, and a list of deliverables
scheduled and delivered. If deliverables are distributed to the public or specified
education agencies in the South County, the Contractor shall provide a
distribution list of all deliverables distributed.
d. Contractor shall present a quarterly project time-line approved by the City for all
projects, earmarking project milestones and expected completion dates.
3. Subsequent to contractual award the Contractor shall submit to the City for review
and approval a detailed program plan for the contract period based on program
time-line provided by the City.
4. Contractor must be capable of adjusting the original performance requirements
when requested by the City and budget outlined in this Scope of Work to
accommodate unforeseen developments in program goals and design that may take
place during the contract term.
5. All reports produced, or distributed by the Contractor shall be on recycled paper,
with a minimum content of 10% post-consumer material with the statement "Printed
on Recycled Paper".
SCOPE OF WORK ITEMS DEFINED
1) Media & Promotion
1. Contractor shall develop and implement a media and promotion plan to promote
household hazardous waste collections and pollution prevention in the targeted
communities. (e.g. movie ads, billing inserts, flyers, and promotional items)
2) Publications
1. Moving Guide: English/Spanish guide for residents on how to minimize and/or
properly manage and dispose of HHW during or resulting from a move.
2. Spanish version of the HHW Booklet that was created with funds from the
previous grant cycle, which funded this program.
3. Less Toxic Yard and Garden Care Workbook to provide hands-on projects for
public.
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I.
._.'"-~-_...__.
4. U-Waste/Consumer Electronic Device (CEO) publication to proactively educate
the community in preparation of future laws banning landfill disposal of these
items.
5. Solid Waste Bill Inserts: Promotional flyers to advertise proper disposal options
for HHW and E-waste
6. Contractor shall develop and implement an Outreach Plan to distribute
publications to the target community.
3) Education and Outreach
1. School and senior outreach for HHW/E-Waste through presentations, CESOG
program promotion to schools/districts, and flyers specifically designed with seniors
in mind.
2. Less Toxic Yard and Garden Care Workshops will be conducted to educate the
public about pollution prevention, soil building, and less toxic products. Workshops
will be promoted through public service announcements and flyers.
3. Community Events participation will provide an opportunity for interpersonal
communication with the community, evaluation of program and publication and
promotional item distribution.
4) Proqram Evaluation and Administration
1. Contractor shall develop an evaluation plan to measure the success of contract
activities, and whether or not the objectives have been meet.
-
2. The evaluation plan shall measure direct impact on participants and is subject to
review and approval by the City. This plan shall include, but is not limited to,
behavioral evaluation of knowledge, attitudes, and skills.
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. --~~-_._----- - ---
Attachment B
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COUNCIL AGENDA STATEMENT
Item: ~
Meeting Date 2l1..OLIM
ITEM TITLE: Resolution of the City Council of the City of Chula Vista approving the
First Amended Joint Exercise of Powers Agreement (JEP A) with the
County of San Diego and the City of Imperial Beach and the Unified Port
District for the developmen1 of a Watershed Management Plan (WMP) for
the Otay River Watershed and au1horizing the Mayor to execute said
agreement.
Resolution of the City Council of the City of Chula Vista approving the
First Amended Cooperative Agreement (CA) with the County of San
Diego and the City of Imperial Beach and the United States Army Corp of
Engineers regarding the development of a Special Area Management Plan
(SAMP) for the Otay River Watershed and authorizing the Mayor to
execute said agreement.
SUBMITTED BY: Director of Planning and Building f-
REVIEWED BY: City Managehfv;-- (4/Sths Vote: Yes_No..L)
On April 15, 2003, the City Council of the City of Chula Vista approved the Joint Exercise of
Powers Agreement (JEP A) with the County of San Diego, the cities of Imperial Beach and San
Diego, and the San Diego Unified Port District for the development of Otay Watershed
Management Plan (WMP). On that same day, City Council approved the Cooperative
Agreement (CA) with the County of San Diego, the cities of San Diego and Imperial Beach, and
the United States Army Corp of Engineers to prepare a Special Area Management Plan (SAMP)
for the Otay River Watershed. Since that time, the City of San Diego has reconsidered their
participation as a signatory agency to the JEP A and CA due to budget constraints. Therefore, the
proposed amendment would delete the City of San Diego as a participating party and amend the
JEP A and CA to allow the City Manager to execute future minor amendments to the
Agreemcnts.
RECOMMENDATION:
That the City Council adopt the following:
1) Resolution of the City Council of the City of Chula Vista approving the First Amended
Joint Exercise of Powers Agrcement (JEP A) with the County of San Diego and the City
~I
.------~._-_.__.._-~.__._---~_._-_.._. -.
Page 2, Item No.: -
Meeting Date: ..2L1.DLJM
of Imperial Beach and the Unified Port District for the development of a Watershed
Management Plan (WMP) for the Otay River Watershed and authorizing the Mayor to
execute said agreement.
2) Resolution of the City Council of the City of Chula Vista approving the First Amended
Cooperative Agreement (CA) with the County of San Diego and the City of Imperial
Beach and the United States Army Corp of Engineers regarding the development of a
Spccial Area Management Plan (SAMP) for the Otay River Watershed and authorizing
the Mayor to executc said agrccmenl.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
R"àV'°llnd
On April 15, 2003, the City Council of the City of Chu1a Vista adopted Resolution 2003~160
approving the Joint Exercise of Powers Agreement (JEP A) with the County of San Diego and the
Cities of Imperial Beach and San Diego, and the San Diego Unified Port District for the
development of a Watershed Management Plan (WMP) for the Otay River Watershed. The
development of the Otay River Watershed WMP will provide local agencies with a plan
consistent with local General plans and water quality standards. The WMP will coordinate
natural resource preservation and reasonable development.
Additionally, on that same day, Council adopted Resolution 2003-161 approving the Cooperative
Agreement (CA) with the County of San Diego, the City of San Diego, the City of Imperial
Beach, and the United States Army Corp of Engineers (USACOE) regarding the development of
a Special Area Management Plan (SAMP) for the Otay River Watershed. The SAMP will be a
comprehensive assessment of the Otay River Watershed, which will provide regional protection
of wetlands and wetland species.
Within the JEP A (Section 7) and CA (Section 3), provisions have been made to allow
participating jurisdictions the opportunity to withdraw from the Agreements given 30 day written
notice. At this time, the City of San Diego has reconsidered their participation as a signatory
agency to the JEPA and CA, and has opted to exercise their right to withdraw fi-om the
Agreements. It is staffs understanding that the City of San Diego has chosen to withdraw from
the Agreements since at this time they are unable to determine if their future budget will allow
for continued participation. Although the City of San Diego has decided to withdraw fi-om the
Agreements, they have committed to contribute their fair share of $75,000 and will at this time
continue to provide staff to assist in the development of the SAMP as previously agreed. With
the withdrawal of the City of San Diego, the City of Chula Vista will not be required to provide
supplementary staff or contribute additional funding beyond the amount of $25,000 already
j~
Page 3, ItemNo.:-
Meeting Date: .2L1.flLlli1
contributed. Staff will continue to advise City Council if a public agency chooses to withdraw or
be added to the JEP A or CA in the future.
The amended Agreements delete the City of San Diego as a participating public agency and also
includes minor text revisions. Staff has reviewed the proposed text changes to the JEP A and CA
and detennined that these other modifications are minor. Therefore, staff recommends approval
of these Agreements in order to proceed with the development of the Otay WMP and preparation
of the SAMP.
In the event that minor changes are made to the Agreements in the fu1ure, slaff further
recommends that the City Manager be given the authori1y 10 execute amendmen1s to the JEPA
and/or CA as necessary as long as therc arc no significant changes to tenns of 1he revised
Agreement. Additionally, any changes to 1he Agreements must be approved to fonn by the City
Attorney.
FISCAL IMPACT: There will be no fiscal impacts associated with the amendment to the JEPA
and CA. No changes to the City's financial responsibilities will result ITom the proposed
amendments to the JEP A and CA. Currently the City has contributed its fair share of $25,000 as
previously agreed in the approved CA. Future financial obligations are currently unknown at this
timc and will require future City Council approval.
ATTACHMENTS
1. Joint Exercise of Powers Agreement Among the County of San Diego, and the Cities of Chula
Vista, Imperial Beach, and San Diego, and the San Diego Unified Port District for the
Development of a Watershed Management Plan (WMP) for the Otay River (Strike-out-
underline Format)
2. Cooperative Agreement Between the County of San Diego, City of San Diego, City of Chula
Vista, City of Imperial Beach, and the United States Army Corps of Engineers Regarding the
Development of a Special Area Management Plan (SAMP) for the Otay Watershed in San
Diego County, California (Strike-out-underline Format)
3. First Amended Joint Exercise of Powers Agreement Among the County of San Diego, and the
Cities of Chula Vista and Imperial Beach, and the San Diego Unified Port District for the
Development of a Watershed Management Plan (WMP) for the Otay River
4. First Amended Cooperative Agreement Between the County of San Diego, City of Chula Vista,
City of Imperial Beach, and the United States Army Corps of Engineers Regarding the
Development of a Special Area Managcment Plan (SAMP) for the Otay Watershed in San
Diego County, California
~
ATTACHMENT 1
Joint Exercise of Powers Agreement Among the County of San Diego, and the
Cities ofChula Vista, Imperial Beach, and San Diego, and the San Diego Unified
Port District for the Development of a Watershed Management Plan (WMP) for
the Otay River
(Strike-out-underline Format)
/ //
JOINT EXERCISE OF POWERS AGREEMENT
AMONG THE COUNTY OF SAN DIEGO,
I AND THE CITIES OF CHULA VISTA-, AND IMPERIAL BEACH AND S!'N DlEGQ
AND THE SAN DIEGO UNIFIED PORT DISTRICT
I .. FOR THE DEVELOPMENT OF A WATERSHED
MANAGEMENT PLAN FOR THE OTAY RIVER
THIS AGREEMENT, da1ed for convenience as of the day of ,
I 2003. is entered into by the Cities of Chula Vista-, and Imperial Beach and San Diogo, California municipal
corporations;aH4 the County of San Diego, a poli1ical subdivision of the Stale of California; and 1he San
Diego Unified Port District. a public corporation, (collectively, Public Agencies).
WITNESSETH
WHEREAS, 1he Public Agencies are each empowered by law to develop watershed management
plans; and
WHEREAS. the Public Agencies desire to coordinate the development of a single Watershed
Management Plan for the entire 01ay River hydrologic unit of the San Diego Bay watershed for the benefit
of their citizens and the public; and
WHEREAS, join1 cooperation and participation among the Public Agencies will be mutually
beneficial and in the public interest
NOW, THEREFORE, the Public Agencies, agree as follows:
SECTION 1. Purpose.
This Agreement is made pursuant to the provisions of Article 1, Chap1er 5, Division 7, Title 1 of
1he Government Code of the State of California commencing wilh Section 6500 relating to 1he joint
exercise of powers common 10 the Public Agencies. The Public Agencies possess the powers described
in the above recitals. The purpose of 1his Agreement is to jointly develop a Watershed Managemen1 Plan
(WMP) for 1he Clay River hydrologic unil of lhe San Diego Bay watershed which is consistent with the
respective Public Agencies' General Plans, meets water quality standards, protects aquatic and upland
resources and provides for flood protection, public recreation and essential public facilities, such as
utili1ies and other infras1ructure. In addition, the WMP will include an implementation program describing
how each signa10ry Public Agency could implement the WMP.
SECTION 2. Term.
This Agreement shall become effective when executed by all of the Public Agencies and shall
continue in full force and effect until the WMP has been completed and adop1ed by each signatory Public
Agency or until this Agreemen1 is 1erminated by action of the Policy Committee.
SECTION 3. Adoption of Watershed Management Plan.
After the WMP has been reviewed by the Project Team, the WMP shall be presented to the
Policy Committee for its consideration. The Policy Committee shall either approve the WMP or provide
direction to the Project Team for making changes to the WMP- If the Policy Committee approves the
WMP, it shall then be submitted to each signatory Public Agency for adoption. Each signatory Public
Agency may adopt the WMP or recommend changes to the Policy Committee. Nolhing in this Agreement
obligates a signatory Public Agency 10 adop1 the WMP-
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SECTION 4. Boundaries.
The boundaries of the territory within which lhe Public Agencies shall exercise their powers under
this Agreement shall be the Otay River hydrologic unit of the San Diego Bay wa1ershed as delineated on
Exhibit A attached hereto and incorpora1ed herein. Exhibit A identifies the an1icipa1ed limits of the Otay
River hydrologic unit of the San Diego Bay watershed, but the Public Agencies recognize that minor
changes in 1he boundary of the hydrologic unit may be identified as the WMP is developed. The
boundaries of the WMP shall be the same as lhe boundaries of the Otay River hydrologic unit.
SECTION 5. Policy Committee.
A Policy Committee Is eslablished consisting of a singie representative appointed by each
I signatory a¡¡eRGy-.Public AÇ]ency. The Policy Committee shall provide direction 10 lhe Project Team for
administering this Agreement. The representative from lhe County of San Diego shall be a member of
and appointed by the Coun1y Board of Supervisors. The representative from 1he City of Chula Vls1a shall
I be a member of and appointed by the City Council. -+~entati'le from the City of Imperial Be3ch
£h311 be a member of 3nd appointod I:>y-the City Council. The representative for the Port District shall be
a member of and appointed by the District's Board of Port Commissioners. Appolnlment to the Policy
Committee shall be for a term no110 exceed the appoin1ee's curren1 term in office.
A quorum for 1he purposes of conducting business will consis1 of 1hree members of the Polley
Committee. In the absence of a quorum. a single member presenl may move to adjourn. The Policy
Committee shall take action only by unanimous consensus of all Policy Committee members. Less 1han
unanimous consent shall be no action-
I If, upon recommendation of the Executi"e Stooring CommitIee-,Prolect Team the Policy
Committee decides lha1 one or more consullants should be engaged to assist wl1h developing the WMP,
I the Policy Committee shall recommend that each signatory a¡¡eRGyPubllc Aqency pay its "fair share" of
the cost for the consultant The Polley Committee shall determine the cost of lhe consultant(s) and 1he
I recommended fair share for each signatory a¡¡eRGy-.Public Aqency- Each signatory ageAGyPublic Aqency
shall then consider its recommended fair share and. if approved by the signatory Public Aqency, said
Public Aqency shall pay that amount All future funding shall be reviewed and approved during the normal
budget process of each jurisdiction.
I
The Policy Committee may adopt bylaws, rules and regulations for conducting its meetings and
business. The Policy Committee shall conduct regular mee1ings at least annually and a1 such other times
as 1he Policy Committee determines or Is provided for in its bylaws. Meetings of the Polley Committee
shall be subject to the Ralph M. Brown Act (Gov. Code, § 54950 et seq.), which shall govern the
proceedings, noticing and general activities of the Policy Committee.
SECTION 6. Stakeholder Committee.
The Policy Committee may establish, and appoint members to, a Stakeholder Committee. The
purpose of the Stakeholder Committee is to advise the Policy Committee and Project Team on the
deyelopmen1 of the WMP. Stakeholder Committee members shall serve at the pleasure of 1he Policy
Committee for a 1erm to be set by the Policy Committee. A quorum for lhe purpose of conducting
business shall be a simple majority of the members of the Stakeholder Committee. In the absence of a
quorum, a single member may move to adjourn- The Policy Committee may determine how often the
Stakeholder Committee shall meet
Meetings of 1he Stakeholder Committee shall be subject 10 the Ralph M. Brown Act (Gov. Code. §
54950 et seq.), which shall govern the proceedings, nolicing and general activi1ies of the Stakeholder
Committee.
SECTION 7. Withdrawal From Agreement.
ç I
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Upon provision of 3D-days advanced wrilten notice to all of the other signatory agencies, a
signatory Public Agency may withdraw from this Agreement. If a signatory Public Agency withdraws from
this Agreement after lhat signatory Public Agency has approved ils fair share payment of consultant
I costs, the Public Agency's withdrawal shall not relieve the Public Agency from paying its full fair sharE~-as
approvod by oach public agency during 1ho flormal budgot prococs for each jurisdiction.
SECTION 8. Limitation on Powers and Designation of Lead Agency.
The powers of the Public Agencies under this Agreement shall be subject to 1hose legal
restrictions which 1he County of San Diego has upon 1he manner of exercising said power pursuant to
Government Code Section 6509.
The County of San Diego agrees to act as lead agency for 1he purpose of scheduling meetings,
providing notice of meetings, preparing agendas, recording minutes, maintaining records, entering in10
and administering contracts approved by the Policy Commiltee, pursuant to provisions herein, and
reporting to the Regional Water Quality Control Board and other appropriate federal and state agencies
1he progress on and slatus of the WMP. The Coun1y of San Diego shall inform the Policy Commiltee
regarding all actions taken by the County as the Lead Agency-
SECTION 9. Privileges and Immunities.
All of 1he privileges and immunities from liability, exemptions from laws, ordinances and rules, all
pension, relief, disability, workers' compensation, and other benefits which apply to the activity of officers,
agents, or employees of any of the Public Agencies when performing their respective functions within
their terri10riallimits, shall apply to 1hem to the same degree and ex1ent while engaged in lhe performance
of any of their functions and duties extra-territorially under this Agreement.
SECTION 10. Records and Accounts.
The Public Agencies shall be strictly accountable for all funds and shall report all receipts and
disbursements made by the Public Agencies in developing the WMP. Expenditures made by each
signatory Public Agency related to this Agreement shall made be in accordance with the respective
signatory Public Agency's rules and regulations-
I
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I 3 5
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SECTION 11. Notices.
Any notice or notices provided or required by this Agreement to be given or served upon the
Public Agencies may be given by depositing the same in the United States mail, postage prepaid,
addressed to or to such address as the Public Agencies may subsequently specify in wri1ing.
Walter F. Ekard Chief Administra1ive County of San 1600 Pacific San 92101
Officer Diego Highway, Room Diego, CA
209
David D. City Manager City of Chula 276 Fourth Chula 91910
Rowlands Jr Vista Avenue Vista, CA
I Mich~el T. City Manager City~ 202 C Stroot San Diogo, CA ~
Y4eHla¡¡a Diego
I Lauren Interim Ci1y Ci1y of Imperial 825 Imperial Imperial Beach, 91932
WassermanMatt ManaQer Beach Beach CA
~ Boulevard
I
I Bruce President/CEO/Executive San DieQo p_O- Box San 92112-
Hollinqsworth Director Unified Port 120488 DieQo CA 0488
District
I
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I 4 5
SECTION 12. Governing Law.
This Agreement shall in every respect be binding on the parties hereto and their respec1ive
successors and assigns. This Agreement shall be governed by the laws of the State of California.
SECTION 13. Provisions Required by Law.
Each and every provision of law and clause required by law to be inserted in this Agreement shall
be deemed to be inserted herein and the Agreement shall be read and enforced as though it were
included herein, and if for any reason any such provision is no1 inserted, or is not correctly stated, then
upon application of any signatory Public Agency the Agreemen1 shall forthwith be physically amended to
make such insertion or correclion.
SECTION 14. Partial Invalidity.
If any provision of 1his Agreement or the applica1ion thereof to any person or circums1ances shall
to any extent be invalid or unenforceable, the remainder of this Agreement, or the application of such
provision to persons or circumstances other than lhose as to which it is invalid or unenforceable, shall not
be affected thereby, and each provision of this Agreement shall be valid and shall be enforced 10 the
fullest ex1ent permitted by law.
SECTION 15. Future Implementing Agreements.
The Public Agencies acknowledge thai additional agreements may be necessary in the future to
implement some parts of the WMP. This Agreement does not require any signatory Public Agency to
either adopt or implement the WMP after adoption.
SECTION 16. Cooperation in Review of Plans and Projects Affecting Study Area.
Each signatory Public Agency shall. in writing, inform the other parties to this Agreement of all
plans and projects proposed in 1he signalory Public Agency's jurisdiction that may substantially affect the
proposed WMP. In addition, each signatory Public Agency shall allow adequate opportuni1y whenever
possible for the other parties 10 this Agreement to review and provide comments on any such plans and
projec1s, and shall. in good faith, consider any comments received from the other parties to 1his
Agreement. Plans and documents not subject to disclosure under the Public Records Act shall be
exempt from this provision.
I
SECTION 17. Special Area Management Plan.
I The Public Agencies acknowledge 1hat the County of San Diego, the cities of Imperial Beach~
Qie§B and Chula Vista and the Army Corps of Engineers have executed a Cooperative Agreement for the
development of a Special Area Management Plan (SAMP) for the Otay Watershed. Generally, the SAMP
is to be a comprehensive plan for iden1ifying, conserving, restoring and managing the aquatic resources
in the Otay Watershed. The Public Agencies do not expect the WMP to conflicl with the SAMP.
However. if a poten1ial or actual conflict between the 1wo plans arises. the conflict shall be presented to
the Policy Commitlee. The Policy Commitlee shall work to resolve the conflict in a way that will be
consistent with both this Agreement and the memorandum of understanding for the SAMP.
If the Policy Committee cannot resolve the conflict in a way that is consistent with both this
Agreement and the Coopera1ive Agreemen1. the Policy Committee shall refer lhe conflict to 1he Execulive
Committee established under the Cooperative Agreemen1 and request the Executive Committee to
recommend a resolution of the conflict. The Policy Committee shall consider 1he conflict and 1he
recommendalion from the Executive Committee. if any. and shall seek to resolve the conflict in a way that
I is as consis1ent as possible with both this Agreement and the Cooperative Agreement.
) !
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SECTION 18. Entire Agreement.
This Agreement con1ains the entire understanding of the parties. No party is relying on any other
representation, wrillen or oral. No term or provision of lhis Agreement may be changed, waived,
discharged or termina1ed unless the same be in writing, signed by all of the Public Agencies.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be execuled and
allested by their proper officers thereunto duly authorized, as of the date firs1 above wrillen.
I G\P¡LCOUNTY OF SAN DIEGO CITY OF CHUlA VISTA
By: By:
I MayGFChief Adminis1rative Officer Mayor
Da1ed: Dated:
I Atto£!: Alles!:
CityClorl< City Clerk
SAN DIEGO UNIFIED PORT DISTRICT CITY OF IMPERIAL BEACH
By: By:
PresidenUCEO/Execu1ive Director Mayor
Dated: Dated:
Allest:
City Clerk
)
6 5
ATTACHMENT 2
Cooperative Agreement Between the County of San Diego, City of San Diego,
City ofChula Vista, City ofImperial Beach, and the United States Army Corps of
Engineers Regarding the Development of a Special Area Management Plan
(SAMP) for the Otay Watershed in San Diego County, California
(Strike-out-underline Format)
I DR'\FT 16
COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO, CITY
I OFSAN DIEGO, CIT¥-GF CHULA VISTA, CITY OF IMPERIAL BEACH AND THE
UNITED STATES ARMY CORPS OF ENGINEERS REGARDING THE
DEVELOPMENT OF A SPECIAL AREA MANAGEMENT PLAN FOR THE OTAY
I WATERSHED IN SAN DIEGO COUNTY, CALIFORNIA
This Cooperative Agreement ("Agreement") entered into as of this_day of
, 2003 is made between the County of San Diego ("County"), City of Chula Vista, City of
Imperial Beach ("Cities") and the United States Army Corps of Engineers ("Corps"), Los
Angeles District (collectively, the "Parties") pursuant to the Federal Grant and
Cooperative Agreement Act of 1972 (31 U.S.C. 6300 et seq.).
BACKGROUND
A. The purpose of this Agreement is to establish a collaborative relationship between
the County, the Cities and the Corps, to jointly develop comprehensive approaches to
conserve and restore important aquatic resources in the Otay River Watershed
('Watershed") in San Diego County and to streamline regulatory compliance under
section 404 of the Clean Water Act f'G'J'I-N). The C/\ identifiec the go::¡ c ::md objectives
ef-#Iic progr3m 3nd("CWA"). The Aqreement defines the respective roles and
responsibilities of the Parties in undertaking this offort. The Parties anticipate that this
~¡¡'rBSllit-if¡effort to establish a Special Area Management Plan ("SAMP") that
addresses identification, conservation, restoration, and management of the aquatic
I resources of this Watershed.
I~ The OtayRiverB. The Watershed was selected by the Parties because of its
ecological significance to the region, its vulnerability to increasing growth and
development pressures in the area, and its relationship to regional conservation plans
developed under the Natural Communities Conservation Planning ("NCCP") program.
The Parties recognize the value of jointly taking steps to ensure proper stewardship and
effective management of this resource in a manner that reflects the range of interests
I potentially affected by this program.
I C. The Ot3Y RiverC, The Watershed spans nearly 100,000 acres in the
southwestern portion of San Diego County. Extending east to west for 25 miles and
reaching laterally about 10 miles, the Watershed consists of short streams, broad
valleys, and a coastal plain (mesa). The major tributaries to the Otay River include
Dulzura and Jamul Creeks. The Watershed is characterized by a rich assortment of
vegetative communities, including riparian and coastal sage scrub, woodlands,
chaparral, native and annual grassland, freshwater marshes, coastal salt marshes,
saltpan, vernal pools and open waters.
c
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D. The Watershed also supports a remarkable diversity of plant and animal species,
among the highest concentration in North America, many of which require the protection
of state and federal endangered species laws. Among the rare and sensitive species in
I the Watershed are the Least Bell's vireo, Southwestern willow flycatcher, Cooper's
hawk, Yellow warbler, Green heron, Black -shouldered kite, Yellow-breasted chat,
California least terns, and a variety of breeding shore and marine birds. In addition, the
Otay Mesa vernal pools support several unique and endangered species, including the
San Diego fairy shrimp, Otay Mesa mint, little mousetail and spreading navarretia.
E. The land within the Watershed is owned by both public and private landowners.
Much of the private holdings are within the Otay Ranch development project. Local,
state, and federal agencies manage large areas of the Watershed, including land within
the Bureau of Land Management's Wilderness Area and the National Wildlife Refuge as
well as properties acquired and managed by California Department of Fish & Game, the
County and the Cities.
F. San Diego County has been engaged for the past ten years in developing and
implementing a landmark plan to protect its diverse and sensitive species and natural
communities. On October 22, 1997, the County Board of Supervisors approved its
Multiple Species Conservation Program ("MSCP") Subarea Plan, as did the San Diego
City Council on March 18, 1997 and the Chula Vista City Council on October 17, 2000
approved their draft MSCP plan, providing for the long-term conservation of a range of
rare and endangered species and their habitats throughout the southern portion of the
I County, including several aquatic species in theGffiy Watershed. The scope of this
planning effort, however, did not include a comprehensive approach to the preservation
I of wetlands and other aquatic resources.
G. Recognizing the need to move forward with comprehensive planning for these
aquatic resources, the County and the City of San Diego jointly formed a Wetlands Task
Force to identify and consider innovative approaches to enhance the protection and
management of wetlands and streamline wetlands permitting under section 404 of the
I CWA. The Wetlands Task Force selected theGtay Watershed for a pilot study and
committed funding and other resources to evaluate innovative approaches, including
I SAMPs, to meet these objectives.
H. As an initial step in this effort, the Corps worked with the Wetlands Task Force to
begin to identify potential mechanisms and strategies for the conservation of these
aquatic resources. The development of a SAMP was one such approach discussed by
the group. In response, the Corps prepared a draft "Scope of Work" for the preparation
of a SAMP with the understanding that any steps toward the development of a SAMP
would be assessed on an ongoing basis by the participants. Many of the tasks identified
in the Scope of Work are intended to help establish baseline information and analysis
I about the Gtay-Watershed and, as such, will be part a work plan carried out pursuant to
this GA-Agreement.
I. The Parties intend for this planning effort to achieve the following objectives:
I __un u_- --- 2
r -
I . Preservation, restoration, and enhancement of aquatic resources in the Gtay
Watershed in a manner that ensures no net loss of functions and values,
improves water quality, reduces flood hazards and provides for the long-term
management of the aquatic ecosystem;
. Development of a streamlined, predictable and cost efficient approach to local,
state and federal regulatory permitting as it relates to aquatic resources;
~Accommodation of reasonable recreation economic development, not
incompatible with conservation obiectivesinfrastructuro and other economic
aBtivities ;
~ Targeted acquisitions of land and conservation easements from willinq sellers to
advance the preservation of important resources within the Watershed through
I local, state, federal, and private sources of funding.
J. The Corps recognizes that the County and the Cities are pursuing a comprehensive
planning program for the Otay Watershed for a range of environmental concerns of
I which the conservation of aquatic resources described in this GA-Aqreement is but one
part. The County and the Cities anticipate the development of plans for the Watershed
that will address issues concerning water quality, storm water management, recreational
I needs, and other relevant issues as part of this effort. To the extent that information,
data and analysis generated as part of this effort will be beneficial to the development of
a multi- faceted approach to Watershed needs, the Corps will work cooperatively with
I the County and the Cities to provide and share such information.
K. The Parties anticipate and encourage the participation in this planning process of
other jurisdictions with land use authority over areas within the Watershed. As these
jurisdictions choose to participate, they will be added as signatories to this
l AqreementGA.
To Jccomplich theca goalc and objectivosNow therefore, the Parties hereby agree to the
following:
In, PROGRAM SAMP DEVELOPMENT
A. Role of the Parties. The Parties to this Agreement will collaborate on the
development and implementation of strategies and approaches designed to achieve the
I goals envisioned by this GAAqreement. The County, the Cities, and, subject to the
availability of funding and budgetary priorities, the Corps will each assign a project
I manager to jointly coordinate/supervise development of the SAMPadministof-#¡e
~regfam. Initially, the Parties will have the following specific responsibilities:
. Army Corps of Engineers. The Corps will assume the role of the lead federal
agency for developing and implementing a conservation and management
strategy for theGtay Watershed. The role of the Corps will include participation in
an Executive Committee and Coordination Team to provide policy guidance and
technical and regulatory expertise to the process. The Corps will manage the
I 3
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development of data and information, studies and analysis, including aquatic
1 resource delineations and functional assessments.
. County and other Participating Jurisdictions. The County will assume
responsibility for overseeing the management of the SAMP program on behalf of
the participating jurisdictions. The local participating jurisdictions will assist the
Corps, upon mutual agreement, in gathering data and information and
undertaking study and analysis of the resources of the Watershed necessary to
provide a scientifically sound basis for an aquatic resources conservation
program. The jurisdictions may also develop information to supplement and
support the planning effort. The jurisdictions will work with the Corps to assess
the various alternative approaches and strategies that may be implemented to
achieve comprehensive conservation of the Watershed.
B. Manaqement Structure. To maintain ongoing involvement and coordination among
the Parties and other supporting state and federal agencies with jurisdiction over aquatic
1 resources, the Parties to this GAAqreement will establish an Executive Committee and a
Coordination Team with the following roles and responsibilities. The County will assume
the lead role in convening meetings of these committees:
1-
. Executive Committee. Given the innovative and complex nature of this effort, as
I well as its relationship to the County's overall program for theGtay Watershed, the
Parties agree to form and participate in a senior-Jevel Executive Committee. The
Executive Committee will include the District Engineer for the Corps and
equivalent-level managers from other supporting agencies as well as senior
managers from the jurisdictions with decision-making authority over matters to be
addressed through this planning program. The Committee will meet on an "as
needed" basis to make determinations about policy, budget and other issues and
to bring resolution to any issues brought forward by the Coordination Team.
Membership will be solicited of agencies with an interest in Watershed issues,
including the following:
U.S. Environmental Protection Agency
U.S. Fish and Wildlife Service
Bureau of Land Management
California Department of Fish & Game
Regional Water Quality Control Board
1-
. Coordination Team. The Coordination Team will consist of representatives from
state and federal agencies and the participating jurisdictions, including
designated project managers, who have day-to-day responsibility for the
I management of this progr~m. SAMP. The Team will meet on a regular basis to
discuss overall J*0§famSAMP objectives and strategies, scientific and technical
needs and requirements, budget and funding, schedules and milestones and
other matters concerning the development and implementation of approaches to
the conservation of the Watershed. In addition, the Parties intend that informal
discussions among the Team will occur on a frequent basis to ensure ongoing
progress.
1- 4
I -c. Phased Development of the f1.IaR-.SAMP. The Parties will proceed with a phased
approach to the planning effort. In identifying the elements of each phase, the Parties
will seek to consolidate activities that collectively will produce outcomes of independent
I value and utility in achieving the stated go;)l£ of tho progmm. obiectives.
. Phase I. The planning effort will begin with the development of information and
data, and studies and analysis of the resources comprising the Watershed.
Phase I will include a comprehensive planning level identification and delineation
of waters of the United States, including wetlands, followed by functional
assessments to determine the integrity of the aquatic resources. Phase I will also
include evaluation of cultural resources, and determination of baseline conditions
in anticipation of the preparation of environmental review under NEPA and
CEQA. At the completion of Phase I, a final written report, including maps and
GIS databases, will be prepared. The report will include a description of
methodologies; discussion and characterization of each of the regional wetland
subclasses; summary of field data; and descriptions of assessment indicators,
I metrics, and indices;
. Subsequent Phases. Upon nearing completion of Phase I of the SAMP, the
Parties will evaluate the studies produced, and confer on the nature and scope of
I subsequentf*B€ f8ff1 phases, if any, to be undertaken. Any subsequent phase will
be oriented toward achieving the goals of aquatic resource conservation and
regulatory permitting. The development of a SAMP would require a number of
additional steps, including identification and analysis of alternatives; approaches
to avoidance, minimization, and mitigation for unavoidable losses of waters of the
United States; plans for restoration of resources; NEPA and CEQA compliance;
and an aquatic resources management program. It is the intention of the Parties
that an outcome of the SAMP will be the issuance of permits for those covered
activities that are in full compliance with the requirements of section 404 of the
I CWA.
D. Public Participation. The Parties recognize the value of developing any such plans
through a participatory process that ensures ample opportunity for public input and
comment. The participants will convene a 'Working Group," consisting of responsible
organizations and individuals in the region who have an interest in the outcome of this
I specific effort. The Parties will jointly establish criteria Hf\t!e¡for which membership will
be determined. The Working Group will meet on a regular basis and will be chaired by
the Corps and the County. In addition, during the course of the planning effort, public
workshops/meetings will be held to inform interested stakeholders of the status and
progression of the program and to obtain comments, feedback and individual
recommendations. It is anticipated that information provided by members of the group
I will be furnished individually and not on a collective basis.
III. PROGRAM FUNDING AND IMPLEMENTATION
I -A. Budqet and Fundinq. The Parties will jointly develop a work plan and budget for
each fiscal year for the life of the planning effort. As part of this process, the Parties will
5
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c:)
reach agreement on cost-sharing responsibilities among the participants for the various
elements of the program. In addition, the Parties will identify and work to secure public
and private sources of funding to develop and implement a plan. With respect to the
activities contemplated by Phase I, the Parties agree that funding will be provided in the
I following manner:
. Phase I. The County and the cities of San Diego and Chula Vista agree to jointly
contribute a total of $250,000 ($150,000 from the County, $75,000 (expires June
2004) from the City of San Diego, and $25,000 from Chula Vista) to help fund
Phase I studies, analyses and related tasks that will be carried out by the
participating jurisdictions. In addition, the Parties agree that a portion of the
$500,000 federal appropriation for fiscal year 2001 and the $1 million
appropriation for fiscal year 2002 to the Corps for Watershed planning purposes
in San Diego County should be directed to these Phase I tasks as well. The
Parties will work to develop a work plan that details the tasks and assigns
I responsibilities to the 'participants for the various program elements;
. Subsequent Phases. Upon agreement on the nature and scope of subsequent
phases, the Parties will utilize any remaining funds to jointly establish and
implement a work plan based on available resources. Future contributions among
the Counties and the Cities, if necessary, will be determined during the normal
budget cycles of each of the jurisdictions. In addition, the Parties will collaborate
on efforts to obtain additional funding, if necessary, to complete these
I subsequent phases.
B. Clean Water Action Plan. Pursuant to the federal Clean Water Action Plan's "Unified
Federal Policy for a Watershed Approach to Federal land and Resource Management,"
the Parties to this Agreement will work with federal agencies to ensure coordination and
collaboration between federal efforts underway consistent with this policy and the efforts
I contemplated by this GAAqreement. If appropriate, formal agreement may be entered
into to solidify and clarify these relationships. In addition, in the event that the County
I develops a local Action Plan for the Otay-Watershed pursuant to this federal program,
the Corps will provide the County with technical assistance in that effort.
C. Upon provision of 30 days advanced written notice to all of the other signatories, any
party may withdraw from this Agreement. If the County or any of the Cities withdraws
from this Agreement after the participating jurisdictions have jointly reached agreement
on cost-sharing responsibilities. the jurisdiction's withdrawal shall not relieve it from its
obligation to pay its full fair share of those costs as approved by each public agency
during the normal budget process for each jurisdiction.
IV. REGULATORY ACTIVITIES
A. The SAMP will be designed to provide the basis for regulatory permitting under
section 404 of the CWA for a variety of ongoing and future activities occurring within the
Watershed Such activities may include, but not be limited to, development and
maintenance of public and private infrastructure projects, including storm water
management facilities, and the construction of other public and private development
I -------- 6
projects. Permits that may be supported by the SAMP include Regional General
I Permits, Letters of Permission. meeifieElreqionaliv conditioned Nationwide Permits, and
standard individual permits.
The Parties recognize that nothing in this Agreement shall obligate the Corps to issue
permits for activities proposed in this Agreement; rather, permits will be issued only after
I full compliance with all applicable statutory and administrative requirements.
I - .---------- 7 /
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V. ENTIRE AGREEMENT
This Agreement contains the entire understanding of the parties. No party is relying on
any other representation, written or oral. No term or provision of this Agreement may be
changed, waived, discharged or terminated unless the same be in writing, signed by all
I of the Public Agencies.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed and attested by their proper officers thereunto duly authorized, as of the date
first above written.
I
UNITED STATES ARMY CORPS OF COUNTY OF SAN DIEGO
ENGINEERS
By: By:
Chief Administrative Officer
I Ootod: 0atEKk-
I GI+~N-OIEGQ G~M¡:>éRlAb-BfõAG14
Dated: Dated:
CITY OF CHULA VISTA CITY OF IMPERIAL BEACH
By: By:
Mayor Mayor
Dated: Dated:
Attest: Attest:
I City Clerk
I
I GJ+¥...OF CHUL.'\ 'IIST^
~-_...
-----MaYeF
I
I 0a\eE!c--.._=~--
I 8 j
m_- -----. - ):
I .^.tte£t:
I City Clerk City Clerk
I
I - -- --~ - - ----------- 9
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RESOLUTION NO. 2004 ~ -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE FIRST AMENDED JOINT EXERCISE OF
POWERS AGREEMENT (JEPA) WITH THE COUNTY OF SAN
DIEGO AND THE CITY OF IMPERIAL BEACH AND THE UNIFIED
PORT DiSTRICT FOR THE DEVELOPMENT OF A WATERSHED
MANAGEMENT PLAN (WMP) FOR THE OTAY RIVER
WATERSHED AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT
WHEREAS, on April 15, 2003, the City Council of the City of Chula Vista approved the
Joint Exercise of Powers Agreement (JEPA) with the County of San Diego, the City of San
Diego, the City of Imperial Beach, and the San Diego Unified Port District for the development
of Watershed Management Plan (WMP) for the Otay River Watershed; and
WHEREAS, at this time, the City of San Diego has reconsidered their participation as a
signatory agency to the .I EP A due to budget constraints; and
WHEREAS, the existing JEPA allows signatory public agencies to withdraw from the
Agreement provided a 30-days advanced written notice to all other signatory agencies; and
WHEREAS, there may be a need for future amendment to the JEPA to allow for future
participation by other public agencies; and
WHEREAS, based on the City of San Diego's decision to withdraw from the Agreement
and the potential for other public agencies to consider future participation in the JEP A,
provisions have been added to the Agreement authorizing the City Manager to execute
amendments to the revised JEP A that add or remove public agencies as necessary as long as
there are no substan1ive changes to the tenns of the revised JEPA;
WHEREAS, the County of San Diego Board of Supervisors has executed the JEP A and
requested the City of Chula Vista and the other participating parties to present these changes to
City Council for consideration; and
WHEREAS, the above public agencies desire to continue coordinating the development
of a WMP for the Otay River sub-basin of the San Diego Bay watershed for the benefit of their
citizens and the public.
NOW, THEREFORE, BE IT RESOLVED from the facts presented to the City Council,
the Council hereby approve the First Amended JEP A with the County of San Diego, the City of
Imperial Beach, and the San Diego Unified Port District for the preparation of a WMP for the
01ay River watershed.
/ ¡
f
BE IT FURTHER RESOLVED 1hat lhe City Council authorizes the City Manager to
execute amendments to the JEP A to add or delete public agencies as necessary and, to approve
minor changes to the Agreements as approved to follTl by the City Attorney.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized execute said Agreement for and on behalf of the City of Chula Vista.
Presented by Approved as to FollTl
~eJìr1 t;,j fiï /
Jim Sandoval Ann e
Director of Planning and Building City Attorney
.I¡Attnmcy/R"n/Ag,ccmcntiSAMP _-'cPA
---. . - ---------~- -------_._~- - ...
THE A TT ACHED AMENDMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROY AL BY
THE CITY COUNCIL
(J?; ~;f"J;J;Jï /'/- (;'-fA-f! d
,/ , . A Moore
City Attorney
Dated: ' I «
." - -¿;
First Amended Joint Exercise of Powers
Agreement (JEP A) with the County of San Diego
And the City of Imperial Beach and the Unified
Port District for the development of a Watershed Management Plan(WMP)
for the Otay River Watershed
FIRST AMENDED JOINT EXERCISE OF POWERS AGREEMENT
AMONG THE COUNTY OF SAN DIEGO,
THE CITIES OF CHULA VISTA AND IMPERIAL BEACH
AND THE SAN DIEGO UNIFIED PORT DISTRICT
FOR THE DEVELOPMENT OF A WATERSHED
MANAGEMENT PLAN FOR THE OTAY RIVER
THIS AGREEMENT, da1ed for convenience as of the day of
2003, is en1ered into by the Cities of Chula Vista and Imperial Beach, California municipal corporalions;
the County of San Diego, a poli1ical subdivision of the State of California; and Ihe San Diego Unified Port
District, a public corporation, (collectively, Public Agencies)-
WITNESSETH
WHEREAS, the Public Agencies are each empowered by law to develop watershed management
plans; and
WHEREAS. the Public Agencies desire to coordinate the development of a single Watershed
Management Plan for the entire Otay River hydrologic unit of the San Diego Bay watershed for the benefit
of their citizens and the public: and
WHEREAS, joint cooperation and participation among the Public Agencies will be mutually
beneficial and in the public interest.
NOW, THEREFORE, the Public Agencies, agree as follows:
SECTION 1. Purpose.
This Agreement is made pursuant to the provisions of Article 1. Chapter 5. Division 7, Title 1 of
1he Government Code of the State of California commencing with Section 6500 relating to 1he joint
exercise of powers common to the Public Agencies- The Public Agencies possess the powers described
in the above recitals. The purpose of this Agreement is to jointly develop a Watershed Management Plan
(WMP) for lhe Otay River hydrologic unit of the San Diego Bay watershed which is consistent with the
respective Public Agencies' General Plans, meets water quality standards. protects aquatic and upland
resources and provides for fiood protection. public recreation and essen1ial public facilities, such as
utilities and other infrastructure. In addition, lhe WMP will include an implementation program describing
how each signatory Public Agency could implement the WMP.
SECTION 2. Term.
This Agreement shall become effective when executed by all of the Public Agencies and shall
continue in full force and effect until the WMP has been completed and adopted by each signatory Public
Agency or until this Agreemen1 is terminated by action of the Policy Committee.
SECTION 3. Adoption of Watershed Management Plan.
After the WMP has been reviewed by the Project Team, the WMP shall be presented to the
Policy Committee for its consideration- The Policy Committee shall either approve the WMP or provide
direc1ion to the Project Team for making changes to the WMP- If the Policy Committee approves the
WMP, it shall then be submitted to each signatory Public Agency for adoption- Each signatory Public
Agency may adopt the WMP or recommend changes to the Policy Committee- Nothing in this Agreement
obligates a signatory Public Agency to adopt the WMP.
"
_._~-,--
SECTION 4. Boundaries.
The boundaries of the territory within which the Pubiic Agencies shall exercise 1heir powers under
1his Agreement shall be the Otay River hydrologic unit of the San Diego Bay watershed as delineated on
Exhibi1 A attached here10 and incorporated herein. Exhibit A identifies the anticipated limits of the Otay
River hydrologic unit of 1he San Diego Bay wa1ershed, but the Public Agencies recognize 1ha1 minor
changes in the boundary of the hydrologic unit may be identified as the WMP is developed. The
boundaries of the WMP shall be the same as the boundaries of 1he Otay River hydrologic unit.
SECTION 5. Policy Committee.
A Policy Committee is established consisting of a single representative appointed by each
signatory Public Agency- The Policy Committee shall provide direction to the Project Team for
administering 1his Agreement. The representative from the County of San Diego shall be a member of
and appointed by 1he County Board of Supervisors. The representative from the City of Chula Vista shall
be a member of and appoin1ed by the City Council. The representative from the City of Imperial Beach
shall be a member of and appointed by the City Council. The representative for the Port District shall be
a member of and appointed by the District's Board of Port Commissioners. Appointment to the Poi icy
Committee shall be for a lerm not 10 exceed the appointee's current term in office-
A quorum for the purposes of conducting business will consist of three members of the Poi icy
Committee. In the absence of a quorum, a single member presen1 may move to adjourn. The Policy
Committee shall take action only by unanimous consensus of ail Policy Committee members- Less than
unanimous consent shall be no action.
If, upon recommendation of the Project Team, the Poi icy Committee decides that one or more
consultants should be engaged to assist with deveioping the WMP, the Policy Committee shall
recommend that each signatory Public Agency pay its "fair share" of the cost for the consuitant. The
Policy Committee shail determine the cost of the consultant(s) and the recommended fair share for each
signatory Public Agency- Each signatory Public Agency shall then consider i1s recommended fair share
and, if approved by the signatory Public Agency, said Public Agency shall pay that amount. All future
funding shall be reviewed and approved during the normal budget process of each jurisdiction.
The Policy Committee may adopt bylaws, rules and regulations for conducting its meetings and
business- The Policy Committee shall conduct regular meetings at least annually and at such other times
as 1he Policy Committee determines or is provided for in its bylaws. Meetings of the Policy Committee
shail be subject to the Ralph M. Brown Act (Gov. Code, § 54950 et seq.), which shall govern the
proceedings. noticing and general activities of the Policy Committee-
SECTION 6. Stakeholder Committee.
The Policy Committee may establish. and appoint members to, a Stakeholder Committee. The
purpose of the Stakeholder Committee is to advise the Policy Committee and Project Team on the
development of the WMP. Stakeholder Committee members shall serve at the pleasure of the Policy
Committee for a term to be set by lhe Policy Committee. A quorum for 1he purpose of conducting
business shall be a simple majority of the members of the Stakeholder Committee- In the absence of a
quorum, a single member may move to adjourn. The Policy Committee may determine how often the
Stakeholder Committee shall meet
Meetings of 1he Stakeholder Committee shall be subject to the Ralph M. Brown Act (Gov- Code, §
54950 et seq_). which shall govern the proceedings, noticing and general activities of the Stakeholder
Committee-
SECTION 7. Withdrawal From Agreement.
Upon provision of 3D-days advanced written notice to all of the other signatory agencies, a
signatory Public Agency may withdraw from this Agreement. If a signatory Public Agency withdraws from
--
2
this Agreement after thaI signatory Public Agency has approved Its fair share payment of consultant
costs, the Public Agency's withdrawal shall not relieve the Public Agency from paying Its full fair share-
SECTION 8. Limitation on Powers and Designation of Lead Agency.
The powers of the Public Agencies under this Agreement shall be subject to lhose iegal
restrictions which the County of San Diego has upon the manner of exercising said power pursuant to
Governmen1 Code Section 6509.
The County of San Diego agrees to act as lead agency for the purpose of scheduling meetings,
providing notice of meetings, preparing agendas, recording minutes, maintaining records. entering into
and administering contracts approved by the Policy Committee, pursuant to provisions herein. and
reporting to the Regional Water Quali1y Control Board and other appropriate federal and stale agencies
the progress on and status of the WMP. The County of San Diego shall inform the Policy Committee
regarding all actions taken by the County as the Lead Agency.
SECTION 9. Privileges and Immunities.
All of the privileges and immunities from liablli1y, exemptions from laws, ordinances and rules, all
pension, relief, disability, workers' compensation, and other benefits which apply to the activity of officers,
agents, or employees of any of 1he Public Agencies when performing their respective functions within
their territorial limits, shall apply to them to the same degree and extent while engaged In the performance
of any of their func1ions and duties extra~territorially under this Agreement.
SECTION 10. Records and Accounts.
The Public Agencies shall be strictly accountable for all funds and shall report all receipts and
disbursements made by the Public Agencies in developing the WMP. Expenditures made by each
signatory Public Agency related to 1hls Agreement shall made be in accordance with the respective
signatory Public Agency's rules and reguiatlons-
SECTION 11. Notices.
Any notice or notices provided or required by this Agreement to be given or served upon the
Public Agencies may be given by depositing the same in the United Stales mail. postage prepaid,
addressed 10 or to such address as the Public Agencies may subsequently specify in writing-
Walter F. Chief Administrative County of San 1600 Pacific San 92101
Ekard Officer Diego Highway. Room Diego, CA
209
David D. City Manager City of Chula 276 Fourth Chula 91910
Rowlands Jr Vista Avenue Vista, CA
Lauren In1erim Cily Manager City of Imperial 825 Imperial Imperial 91932
Wasserman Beach Beach Boulevard Beach. CA
Bruce President/CEO/Executive San Diego PO Box 120488 San 92112-
Hollingsworth Director Unified Port Diego. CA 0488
District
3
----'------------.... -_._~~_. ~
SECTION 12. Governing Law.
This Agreement shall in every respect be binding on the parties hereto and their respective
successors and assigns. This Agreement shall be governed by the laws of the Slate of California.
SECTION 13. Provisions Required by Law.
Each and every provision of law and clause required by law 10 be inserted in 1his Agreement shall
be deemed to be inserted herein and the Agreement shall be read and enforced as though it were
included herein, and if for any reason any such provision is not inserted, or is no1 correctly stated, then
upon application of any signatory Public Agency the Agreement shall forthwith be physically amended to
make such insertion or correction.
SECTION 14. Partial Invalidity.
If any provision of lhis Agreement or the application thereof to any person or circumstances shall
to any extent be invalid or unenforceable, the remainder of this Agreement, or the applica1ion of such
provision to persons or circumstances other than those as to which it is invalid or unenforceable, shall not
be affected thereby. and each provision of this Agreement shall be valid and shall be enforced to the
fullest extent permitted by law.
SECTION 15. Future Implementing Agreements.
The Public Agencies acknowledge that addi1ional agreements may be necessary in the future to
implement some parts of the WMP. This Agreement does not require any signatory Public Agency to
either adopt or implement the WMP after adoption.
SECTION 16. Cooperation in Review of Plans and Projects Affecting Study Area.
Each signatory Public Agency shall, in writing. inform the other parties to this Agreement of all
plans and projects proposed in 1he signatory Public Agency's jurisdiction that may substantially affect the
proposed WMP. In addition, each signatory Public Agency shall allow adequate opportunity whenever
possible for the other parties to this Agreement to review and provide comments on any such plans and
projects, and shall. in good faith, consider any comments received from the other parties to this
Agreement. Plans and documents not subjec1 to disclosure under the Public Records Ac1 shall be
exempt from 1his provision.
Section 17. Special Area Management Plan.
The Public Agencies acknowledge that the County of San Diego, the cities of Imperial Beach and
Chula Vista and the Army Corps of Engineers have executed a Coopera1ive Agreement for the
development of a Special Area Management Plan (SAMP) for the Otay Watershed- Generally. the SAMP
is to be a comprehensive plan for identifying, conserving. restoring and managing the aquatic resources
in the Otay Wa1ershed. The Public Agencies do not expect the WMP 10 conftict with the SAMP.
However, if a potential or actual conftic1 between the two plans arises, the conftict shall be presented to
the Policy Committee. The Policy Committee shall work to resolve the conftict in a way that will be
consistent with both this Agreement and the memorandum of unders1anding for the SAMP.
If the Policy Committee cannot resolve the conftict in a way that is consistent with both this
Agreement and the Coopera1ive Agreement. the Policy Committee shalt refer the conflict to the Executive
Committee established under the Cooperative Agreement and request the Executive Committee to
recommend a resolution of the conftict. The Policy Committee shall consider the conflict and the
recommendation from the Executive Committee, if any. and shall seek to resolve the conftict in a way that
is as consistent as possible with both this Agreement and the Cooperative Agreement
4
SECTION 18. Entire Agreement.
This Agreement con1ains the entire understanding of the parties. No party is relying on any other
representation, written or oral. No term or provision of this Agreement may be changed, waived,
discharged or terminated unless the same be in writing, signed by all of the Public Agencies.
IN WITNESS WHEREOF, the parties hereto have caused 1his Agreement to be executed and
allested by their proper officers thereun10 duly authorized, as of the date first above written.
COUNTY OF SAN DIEGO CITY OF CHULA VISTA
By: By:
Chief Administra1ive Officer Mayor
Dated: Dated:
Allest:
City Clerk
SAN DIEGO UNIFIED PORT DISTRICT CITY OF IMPERIAL BEACH
By: By:
PresidenUCEO/Executive Director Mayor
Dated: Dated:
Allest:
City Clerk
J (~
5 c),:/
RESOLUTION NO. 2004- -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE FIRST AMENDED COOPERATIVE
AGREEMENT (CA) WITH THE COUNTY OF SAN DIEGO AND THE
CITY OF IMPERIAL BEACH AND THE UNITED STATES ARMY
CORP OF ENGINEERS REGARDING THE DEVELOPMENT OF A
SPECIAL AREA MANAGEMENT PLAN (SAMP) FOR THE OTA Y
RIVER WATERSHED AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
WHEREAS, on April IS, 2003, the City Council of the City of Chula Vista approved the
Cooperative Agreement (CA) be1ween the County of San Diego, the City of San Diego, the City
of Imperial Beach, and the United States Army Corps of Engineers regarding the development of
a Special Area Management Plan (SAMP) for the Otay River; and
WHEREAS, at this time, the Ci1y of San Diego has reconsidered their participation as a
signatory agency to the CA due to budget constraints; and
WHEREAS, at this timc, the City of San Diego has reconsidered their participation as a
signatory agency to the CA due to budget cons1raints; and
WHEREAS, the existing CA allows signatory public agencies to withdraw from the
Agreement provided a 30~days advanced written notice to all other signatory agencies; and
WHEREAS, there may be a need for future amendments to the CA to allow for future
participation by other public agencies; and
WHEREAS, based on the City of San Diego's decision to withdraw from the Agreement
and the po1ential for other public agencies to consider future participation in the CA, provisions
have been added to the Agreemen1 authorizing the City Manager to execute amendments to the
revised CA that add or remove public agencies as necessary as long as there are no substantive
changes to thc terms of the revised CA;
WHEREAS, the County of San Diego Board of Supervisors has executed the CA and
requested the City of Chula Vista and the other participating parties to present these changes to
City Council for consideration; and
WHEREAS, it is believed that joint cooperation and participation among the remaining
public agencies will be mutually beneficial and in the public interest; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the First Amended CA with the County of San Diego, the City of
Imperial Beach, and the United States Army Corps of Engineers regarding the development of
SAMP for the Otay River watershed.
f ~
,I
BE IT FURTHER RESOLVED that the Ci1y Council authorizes the City Manager to
execute amendments to the CA to add or dclete public agencies as necessary and to approve
minor editorial changes to the Agreements as approved to fornl by the City Attorney.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized to execute said Agreement for and on behalf of the City ofChula Vista.
Presented by Approved as to Form
!fr21t;¿¿;Þ U,J '~ð
Jim Sandoval Ann Jt1 e
Director of Planning and Building City Attorney
.I.Atlomcy!Re>o!Agcccmcnt/SAMP _CA
- >-¡
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
rØq:~ 9- kc ' (~.l,,- 7-'
~ 'j" A¡(Ú Moore .
City Attorney
Dated: (/~ ~ ! - {, Lf
First Amended Cooperative Agreement (CA) with the County of San Diego
And the City of Imperial Beach and the United States Anny Corp of
Engineers regarding the development of a Special Area Management Plan
(SAMP) for the Otay River Watershed
ç /¡
¿ "'-"-;
FIRST AMENDED COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO, CITY OF
CHULA VISTA, CITY OF IMPERIAL BEACH AND THE UNITED STATES ARMY CORPS OF
ENGINEERS REGARDING THE DEVELOPMENT OF A SPECIAL AREA MANAGEMENT PLAN FOR
THE OTAY WATERSHED IN SAN DIEGO COUNTY, CALIFORNIA
This Cooperative Agreement ("Agreement") entered into as of this_day of ,2003 is made
be1ween the Coun1y of San Diego ("County"). City of Chula Vista, City of Imperial Beach ("Cities") and the
United States Army Corps of Engineers ("Corps"), Los Angeles District (collectively, the "Parties")
pursuant to 1he Federal Grant and Cooperalive Agreement Act of 1972 (31 U.S.C. 6300 et seq.).
BACKGROUND
A. The purpose of this Agreement is to es1ablish a collaborative relationship between the County, the
Ci1ies and the Corps, to jointly develop comprehensive approaches to conserve and restore important
aquatic resources in the Otay River Watershed ("Watershed") in San Diego County and to streamline
regulatory compliance under seclion 404 of the Clean Water Act ("CW A"). The Agreement defines the
respective roles and responsibili1ies of the Parties in undertaking this effort to establish a Special Area
Management Plan ("SAMP") that addresses identification, conservation, restoration, and management of
the aquatic resources of this Watershed.
B. The Watershed was selected by the Parties because of its ecological significance to the region, its
vulnerability to increasing growth and development pressures in the area, and its relationship to regional
conservation plans developed under the Natural Communities Conservation Planning ("NCCP") program.
The Parties recognize the value of joinlly taking steps to ensure proper stewardship and effective
management of this resource in a manner that refiects the range of interests potentially affected by this
program.
C. The Watershed spans nearly 100,000 acres in the southwestern portion of San Diego County.
Extending east to west for 25 miles and reaching laterally about 10 miles. the Watershed consists of short
streams, broad valleys, and a coastal plain (mesa). The major tributaries to the Otay River include Dulzura
and Jamul Creeks- The Watershed is characterized by a rich assortment of vegeta1ive communities.
including riparian and coastal sage scrub, woodlands, chaparral. native and annual grassland. freshwater
marshes. coastal salt marshes. saltpan. vernal pools and open waters-
D. The Wa1ershed also suppor1s a remarkable diversity of plan1 and animal species, among the highest
concentration in North America. many of which require the protection of state and federal endangered
species laws. Among the rare and sensitive species in the Watershed are the Least Bell's vireo,
Southwestern willow fiycatcher, Cooper's hawk, Yellow warbler. Green heron, Black -shouldered kite,
Yellow-breasted chat. California least terns, and a variety of breeding shore and marine birds. In addition,
the Otay Mesa vernal pools support several unique and endangered species, including the San Diego
fairy shrimp. Otay Mesa mint, litlle mousetail and spreading navarretia-
E- The land within the Watershed is owned by both public and private landowners. Much of the private
holdings are within the Otay Ranch development project Local, state, and federal agencies manage large
areas of the Watershed, including land wi1hin 1he Bureau of Land Management's Wilderness Area and the
National Wildlife Refuge as well as properties acquired and managed by California Department of Fish &
Game, 1he County and the Cities.
F. San Diego County has been engaged for the past ten years in developing and implemenling a
landmark plan to protect its diverse and sensitive species and natural communities- On October 22,1997,
the County Board of Supervisors approved its Multiple Species Conservation Program ("MSCP") Subarea
Plan, as did the San Diego City Council on March 18. 1997 and the Chula Vista City Council on October
17,2000 approved their draft MSCP plan, providing for the long-term conservation of a range of rare and
endangered species and their habitats throughout the southern portion of the County. including several
aquatic species in the Watershed- The scope of this planning effort, however, did not include a
comprehensive approach to the preservation of wetlands and other aquatic resources-
.~
,,",
-~~---_.._.._, -~---
G. Recognizing the need to move forward with comprehensive planning for these aquatic resources, the
County and the City of San Diego jointly formed a Wetlands Task Force to identify and consider innovative
approaches to enhance the protection and management of wetlands and streamline wetlands permitting
under section 404 of the CWA. The Wetlands Task Force selected the Watershed for a pilot sludy and
committed funding and other resources to evaluate innovative approaches, including SAMPs, to meet
these objec1ives.
H. As an initial step in this effort. the Corps worked with the Wetlands Task Force to begin to identify
potential mechanisms and strategies for the conservation of these aquatic resources. The development of
a SAMP was one such approach discussed by the group. In response, the Corps prepared a draft "Scope
of Work" for the prepara1ion of a SAMP with the understanding that any steps toward the development of
a SAMP would be assessed on an ongoing basis by the participants. Many of the tasks identified in the
Scope of Work are intended 10 help establish baseline information and analysis about the Watershed and,
as such. will be part a work plan carried out pursuant to this Agreement.
I. The Parties intend for this planning effort to achieve 1he following objectives:
. Preservation, restora1ion, and enhancement of aquatic resources in the Watershed in a manner
that ensures no net loss of functions and values, improves water quality, reduces tlood hazards
and provides for the long-1erm management of the aquatic ecosystem;
. Development of a streamlined, predictable and cost efficient approach to local. state and federal
regulatory permitting as i1 relates to aquatic resources;
. Accommoda1ion of reasonable economic development not incompa1ible wi1h conservation
objectives;
. Targeted acquisitions of land and conservation easements from willing sellers to advance the
preservation of important resources within the Watershed through local, slate, federal, and priva1e
sources of funding.
J. The Corps recognizes that the County and the Cities are pursuing a comprehensive planning program
for the Otay Watershed for a range of environmental concerns of which the conservation of aquatic
resources described in this Agreement is but one part. The County and the Ci1ies anticipate the
development of plans for the Watershed that will address issues concerning water quality, storm water
management, recreational needs, and other relevant issues as part of this effort. To the extent thai
information. data and analysis generated as part of this effort will be beneficial to the development of a
multi- faceted approach to Watershed needs. the Corps will work cooperatively with the Counly and the
Cities 10 provide and share such information.
K. The Parties anticipate and encourage the participation in this planning process of other jurisdictions
with land use authority over areas within the Watershed. As these jurisdic1ions choose to participate. they
will be added as signatories to this Agreement.
Now, Therefore. the Parties hereby agree to the following:
II. SAMP DEVELOPMENT
A. Role of the Parties. The Parties to this Agreement will collaborate on the development and
implementation of strategies and approaches designed to achieve the goals envisioned by lhis
Agreement. The County, the Cities. and, subject to the availability of funding and budgetary priorities, the
Corps will each assign a project manager to jointly coordinate/supervise development of the SAMP.
Initially. the Parties will have the following specific responsibilities:
. Army Corps of Engineers- The Corps will assume the role of the lead federal agency for
developing and implementing a conservation and management strategy for the Watershed- The
2 (
J
role of the Corps will include participation in an Executive Committee and Coordination Team to
provide policy guidance and technical and regulatory expertise to the process. The Corps will
manage the development of data and information, sludies and analysis, including aquatic
resource delineations and func1ional assessmen1s.
. County and other Participating Jurisdlc1ions. The County will assume responsibility for overseeing
the management of the SAMP program on behalf of the participating jurisdictions. The local
participating jurisdictions will assist the Corps, upon mutual agreement, in gathering data and
information and undertaking study and analysis of lhe resources of the Watershed necessary to
provide a scientifically sound basis for an aquatic resources conservation program. The
jurisdic1ions may also develop information to supplement and support the planning effort. The
jurisdictions will work with the Corps to assess the various alternative approaches and strategies
that may be implernented to achieve comprehensive conservation of the Watershed.
B, ManaQement Structure- To maintain ongoing involvement and coordination among 1he Parties and
other supporting state and federal agencies with jurisdic1ion over aquatic resources, the Parties to this
Agreement will establish an Executive Committee and a Coordination Team with the following roles and
responsibilities- The County will assume the lead role in convening meetings of these committees:
. Executive Committee. Given 1he innovative and complex nature of this effort, as well as its
relationship to the County's overall program for the Watershed, the Parties agree to form and
participate in a senior- level Executive Committee. The Executive Committee will include the
Distric1 Engineer for the Corps and equivalent-level managers from other supporting agencies as
well as senior managers from the jurisdic1ions with decision-making authority over matters to be
addressed through this planning program. The Committee will meet on an "as needed" basis to
make de1erminations about policy, budget and other issues and to bring resolution to any issues
brought forward by the Coordina1ion Team. Membership will be solicited of agencies with an
interest in Watershed issues, including the following:
U_S. Environmental Protection Agency
U.S. Fish and Wildiife Service
Bureau of land Management
California Department of Fish & Garne
Regional Water Quality Control Board
. Coordination Team- The Coordina1ion Team will consist of representatives from state and federal
agencies and 1he participating jurisdictions, including designated projec1 managers, who have
day-to-day responsibility for the management of this SAMP. The Team will meet on a regular
basis to discuss overall SAMP objec1ives and strategies, scientific and 1echnical needs and
requiremen1s, budget and funding, schedules and milestones and other matters concerning the
development and implementa1ion of approaches to the conservation of the Watershed. In
addition, the Parties intend that inforrnal discussions arnong the Team will occur on a frequent
basis to ensure ongoing progress.
C. Phased Development of the SAMP. The Parties will proceed with a phased approach 10 the planning
effort. In identifying the elements of each phase, the Parties will seek to consolidate activities that
collec1ively will produce outcomes of independent value and utility in achieving the stated objectives.
. Phase I. The planning effort will begin with the development of information and data, and sludies
and analysis of the resources comprising the Watershed- Phase I will include a comprehensive
planning level identifica1ion and delineation of waters of the United Slates, including wetlands,
followed by functional assessments to determine the in1egrity of the aquatic resources. Phase I
will also include evaluation of cultural resources, and determina1ion of baseline conditions in
anticipation of the preparation of environmental review under NEPA and CEQA. At the completion
of Phase I, a final written report, including maps and GIS databases, will be prepared- The report
will include a description of rnethodologies; discussion and characterization of each of the regional
3 f .),
-' '
-~'"~--_.'"-. --------..,..
wetland subclasses; summary of field data; and descriptions of assessment indicators, metrics,
and indices;
. Subsequent Phases. Upon nearing comple1ion of Phase I of the SAMP, the Parties will evaluate
the studies produced, and confer on the nature and scope of subsequent phases, if any, to be
undertaken. Any subsequent phase will be oriented toward achieving lhe goals of aquatic
resource conservation and regulatory permitting. The development of a SAMP would require a
number of additional steps, including identification and analysis of alternatives; approaches to
avoidance, minimization, and mitigation for unavoidable losses of waters of the United States;
plans for restoration of resources; NEPA and CEOA compliance; and an aquatic resources
management program. It is the intention of 1he Parties 1hat an outcome of the SAMP will be the
issuance of permi1s for those covered aclivi1ies that are in full compliance with the requirements of
section 404 of the CWA.
D. Public Participation. The Parties recognize the value of developing any such plans through a
participatory process thai ensures ample opportunity for public input and comment. The participants will
convene a 'Working Group," consisting of responsible organizations and individuals in the region who
have an interest in the ou1come of this specific effort. The Parties will jointly establish criteria for which
membership will be delermined- The Working Group will meet on a regular basis and will be chaired by
the Corps and the County. In addition, during the course of the planning effort, public workshops/meetings
will be held to inform interested stakeholders of the status and progression of the program and to obtain
comments, feedback and individual recommendations- It is anticipated that information provided by
members of the group will be furnished individually and not on a collective basis.
III. PROGRAM FUNDING AND IMPLEMENTATION
A. Budqet and Fundinq. The Parties will jointly develop a work plan and budget for each fiscal year for the
life of 1he planning effort. As part of this process, the Parties will reach agreement on cost-sharing
responsibilities among the participants for the various elements of the program. In addition, the Parties will
identify and work to secure public and private sources of funding to develop and implement a plan. With
respect to the activities contemplated by Phase I, the Parties agree that funding will be provided in the
following manner:
. Phase I. The County and the cities of San Diego and Chula Vis1a agree to jointly contribute a Iota I
of $250,000 ($150,000 from 1he County, $75,000 (expires June 2004) from the City of San Diego,
and $25,000 from Chula Vista) to help fund Phase I studies, analyses and related tasks that will
be carried out by the participating jurisdictions. In addition, the Parties agree that a portion of the
$500,000 federal appropria1ion for fiscal year 2001 and 1he $1 million appropriation for fiscal year
2002 to the Corps for Watershed planning purposes in San Diego County should be directed to
these Phase I tasks as well. The Parties will work to develop a work plan that details the lasks
and assigns responsibilities to 1he 'participants for the various program elemenls;
. Subsequent Phases- Upon agreement on the nature and scope of subsequent phases, the
Parties will utilize any remaining funds to jointly establish and implement a work plan based on
available resources. Future contributions among the Counties and the Cities, if necessary, will be
determined during the normal budget cycles of each of lhe jurisdic1ions. In addition, 1he Parties
will collaborate on efforts to obtain additional funding, if necessary, to complete these subsequent
phases.
B- Clean Water Action Plan- Pursuant to the federal Clean Water Action Plan's "Unified Federal Policy for
a Watershed Approach to Federal Land and Resource Management," lhe Parties to this Agreement will
work with federal agencies to ensure coordination and collaboration between federal efforts underway
consis1ent with this policy and the efforts contemplated by this Agreement. If appropriate, formal
agreement may be entered into to solidify and clarify these relationships. In addition, in the event that the
County develops a local Action Plan for the Watershed pursuant to this federal program, the Corps will
provide the County with technical assistance in that effort-
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4
C. Upon provision of 30 days advanced written notice to all of the olher signatories, any party may
withdraw from this Agreement. If the County or any of the Ci1ies withdraws from 1his Agreement after the
participa1ing jurisdictions have jointly reached agreement on cost-sharing responsibilities, the jurisdic1ion's
withdrawal shall not relieve it from its obligation to pay its full fair share of those costs as approved by
each public agency during the normal budget process for each jurisdiction.
IV. REGULATORY ACTIVITIES
A. The SAMP will be designed 10 provide the basis for regulatory permilting under section 404 of 1he
CWA for a variety of ongoing and future activities occurring within the Watershed Such activities may
include, bul not be limited to, development and maintenance of public and private infrastructure projects,
including storm water management facilities, and the construc1ion of olher public and private development
projects. Permits thai may be supported by the SAMP include Regional General Permits, Lelters of
Permission, regionally conditioned Nationwide Permits, and standard individual permits.
The Parties recognize that no1hing in this Agreement shall obligate the Corps to issue permits for activities
proposed in this Agreement; rather, permits will be issued only after full compliance with all applicable
statutory and administrative requirements.
V. ENTIRE AGREEMENT
This Agreement contains the entire understanding of the parties. No party is relying on any other
representation, written or oral. No term or provision of this Agreement may be changed, waived,
discharged or termina1ed unless the same be in writing, signed by all of 1he Public Agencies.
IN WITNESS WHEREOF, the parties hereto have caused 1his Agreement to be execu1ed and attested by
their proper officers thereunto duly authorized, as of the date firs1 above written.
UNITED STATES ARMY CORPS OF ENGINEERS COUNTY OF SAN DIEGO
By: By:
Chief Adminis1rative Officer
Da1ed: Dated:
CITY OF CHULA VISTA CITY OF IMPERIAL BEACH
By: By:
Mayor Mayor
Dated: Dated:
Attest: Attest:
City Clerk City Clerk
5 /'
! -'
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COUNCIL AGENDA STATEMENT
Item: q
Meeting Date 2L1JJLJM
ITEM TITLE: Resolution of the City Council of the City of Chula Vista approving the
third amendment to an agreement between the City of Chula Vista and
Remy, Thomas, Moose and Manley, LLP for legal services related to the
City of Chula Vista Multiple Species Conservation Program (MSCP)
Subarea Plan, and authorizing the Mayor to execute said agreement
SUBMITTED BY: Director of Planning and Buildin~
REVIEWED BY: City ManagetV ¡-l (4/5ths Vote: Yes_No..JL)
t/)
On November 11, 1999, Remy, Thomas, Moose and Manley, LLP was retained by the City of
Chula Vista to provide legal services for the MSCP Subarea Plan. On May 13, 2003, the City
Council adopted the MSCP Subarea Plan for the City of Chula Vista. Remy, Thomas, Moose and
Manley has continued to expend necessary additional time on the final Subarea Plan and supporting
documents. Addition, prior to the issuance of the Take Permit and signing of the Implementing
Agreement (IA), the United States Fish and Wildlife Service (USFWS) has now determined there
should be changes to the IA. Negoitations regarding the appropriateness of these changes will
require additional legal services. Approval of this Third Con1ract Amendment would amend the
original contract Scope of Work and provide payment for legal services rendered by Remy,
Thomas, Moose and Manley.
RECOMMENDATION:
That the City Council adopt the Resolution approving the third amendment to an agreement
between the City of Chula Vista and Remy, Thomas, Moose and Manley, LLP for legal services
related to the City of Chula Vista MSCP Subarea Plan, and authorizing the Mayor to execute said
agreement.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
R"rkgronnò
The MSCP Subarea Plan was prepared by the City of Chula Vista in coordination with the
Federal and State Regulatory agencies in order to implement the MSCP Subregional Plan within
the City of Chula Vis1a. On May 13, 2003, the City Council adopted the MSCP Subarea Plan.
The City initiated an agreement with Remy, Thomas, Moose and Manley, LLP on November II,
1999 to provide legal services during the preparation, review, and approval of the MSCP. The
Scope of Work detailed in the Two Party Agreemcn1 between the City of Chula Vista and Remy,
CL!
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Page 2, Item No.: ---'--
Meeting Date: .2Ll.lli!l4
Thomas, Moose and Manley consisted of reviewing environmental documents, attending
meetings and public hearings, and conducting legal review of the Findings of Facts and any
statement of overriding considerations in accordance with CEQA. During the final stages prior
to the adoption of the MSCP Subarea Plan, Remy, Thomas, Moose and Manley were needed to
assist the City during extensive negotiations with the Resource Agencies in preparation and
execution of1he IA. Remy, Thomas, Moose and Manley also provided additional review of final
Subarea Plan documents, Findings, and Ordinances. They conducted research and advised the
City on matters pertaining to the IA, MSCP Ordinances and policies, and attended meetings and
public hearings as requested by staff.
On November 21, 2003 the Mayor executed the IA after City staff was advised that all was in
order and that the Agencies were also about to sign the IA and issue the Take Permits. Prior to
their execution of the IA and issuance of the Take Permit, staff was notified that the USFWS was
requiring additional language be added to the IA. Remy, Thomas, Moose and Manley will be
needcd to negotiate these proposed changes with 1he USFWS and conduct final review of any
revisions made to the IA.
Since the original contract was executed on November 11, 1999, Remy, Thomas, Moose and
Manley has made a slight increase to their service rates. The primary consultant from Remy,
Thomas, Moose and Manley has increased their service rate to $195 an hour; therefore, this
amendment will reflect the change to their rates for future services 10 be provided under this
contract amendment. Approval of this Third Contract Amendment would increase the contract
agreement by $20,330, which would provide payment for legal services rendered by Remy,
Thomas, Moose and Manley during the final stages of approval of the MSCP and during the
forthcoming negotiations on the final IA.
FISCAL IMPACT: The $20,330 cost for the contract amendment for work performed by Remy,
Thomas, Moose and Manley will be funded by the adopted Planning and Building Department
fiscal year 2004 budget.
ATTACHMENTS
1. Two-Party Agreement between the City of Chula Vista and Remy, Thomas and Moose, LLP
2. First Amendment to the Agreement between the City of Chula Vista and Remy, Thomas and
Moose, LLP
3. Second Amendment to the Agreement between the City of Chula Vista and Remy, Thomas and
Moose LLP
4. Third Amendment to the Agreemen1 between 1he City of Chula Vista and Remy, Thomas,
Moose and Manley, LLP
>1 - d---
I
ATTACHMENT 1
Two-Party Agreement between the City of Chula Vista
and Remy, Thomas and Moose, LLP
1<:}
-------
Two Party Agreement
between
City of Chula Vista
and
Remy, Thomas, and Moose, LLP
For Legal Consulting Services
Re: MSCP Subarea plan
This Agreement ("Agreement"), dated August 1, 1999, for the purposes of reference
only, and effective as of the dale last executed unless another date is otherwise specified in
Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, Paragraph
2, as such ("City"), whose business form is set forth on Exhibit A, Paragraph 3, and the entity
indicated on the attached Exhibit A, Paragraph 4, as Consultant, whose business form is set forth
on Exhibit A, Paragraph 5, and whose place of business and telephone numbers are set forth on
Exhibit A, Paragraph 6 ("Consultant"), and is made with reference to the following facts:
Recitals
WHEREAS, the City of Chula Vista has determined that it is in need of specialized legal
services for review of the legal adequacy of certain euviromnental documentation required for
the MSCP Subarea Plan; and
WHEREAS, the project site consis1s of 1he City of Chula Vista, including planning
boundary not currently a part of the City.
WHEREAS, the Environmental Review Coordinator has determined that the legal
services of a law firm that specializes in the California Enviromnental Quality Act (CEQA), as
well as the processing of various federal and state enviromnental clearances (i.e., 404 permit,
1603 streambed alteration agreement, etc), are necessary to ensure that 1he enviromnental
documents are prepared in accordance wi1h CEQA, and
WlIEREAS, the law firm ofRcmy, Thomas, and Moose is known throughout 1he State of
California for their expertise and experience regarding CEQA, and
WHEREAS, pursuant to Chula Vis1a Municipal Code Section 2.56.070 that competitive
bidding is impractical, and waive the normal consultant selection process because of Remy,
Thomas, and Moosc's historic significant time and effort advising on the preparation of the
Environmental Impact Report of the General Plan, as well as numerous other enviromnental
documents for various projects in the City, retention as counsel on related litigation, and
reasonable fees, and
\VHEREAS, Consultant warran1s and rcpresents that they are experienced and staffed in
a maJIDcr such that thcy are and can prepare and deliver the services required of Consultant to
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City within the time fTames herein provided all in accordance with lhe terms and conditions 0
this Agreement.
WHEREAS, the Envirorunental Review Coordinator has otherwise negotiated 1he details
of this agreement in accordance with procedures set forth in Sections 2.56.220-224 of the Chula
Vista Municipal Code and Sections 6.5.2 and 6.6 of the Environmental Review Procedures.
NOW, THEREFORE, BE IT RESOLVED 1hat the City and Consultant do hereby
mutually agree as follows:
1. Consultant's Dulies.
A. General Duties.
Consultant shall perform all of 1he services described on the attached Exhibit A,
Paragraph 7, entitled "General Duties"; and,
B. Scope~of-Work and Schedule.
In the process of perfonning and delivering said "General Duties", Consultant
shaIJ also perfom1 an of the services described in Exhibit A, Paragraph 8, entitled
"Scope~of~Work and Schedule", not inconsistent with the General Duties,
according to, and within the time fTames set forth in Exhibit A, Paragraph 8, and
deliver to Ci1y such Deliverables as are identified in Exhibit A, Paragraph 8,
within 1he lime frames set forth therein, lime bcing of the essence of this
Agreement. The General Dulics and the work and deliverables required in 1he
Scope-or-Work and Schedule shall be herein referred to as the "Defined
Services." Failurc to complete the Defined Services by the limes indicated does
not, except at the option of the City, opera1e to terminate this Agreement.
C. Reductions in Scope-of~Work.
City may independenlly, or upon request from Consultant, from time to time
reduce lhe Defined Services to be performed by the Consultant under this
Agreement. Upon doing so, City and Consultant agree to meet in good faith and
confer for the purpose of negotiating a corresponding reduction in the
compensation associa1ed with said reduclion.
D. Additional Services.
In addilion to performing the Defined Services herein set forth, City may require
Consultan1 to perform additional consulting services related 10 the Defined
Services ("Additional Services"), and upon doing so in writing, if they are within
the scope of services offcrcd by Consultant, Consultant shall perfom1 same on a
time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A,
Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. AIJ
compensation for Additional Services shall be paid monthly as biIJed.
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E. Standard of Care.
Consultant, in perfonning any Services under this Agreement, whether Defined
Services or Additional Services, shall perfonn in a manner consistent with that
level of care and skill ordinarily exercised by members of the profession currently
practicing under similar conditions and in similar locations.
F. Insurance.
Consultant represents that it and its agents, slaff and subconsultants employed by
i1 in connection with the Services required to be rendered, are protected against
1he risk of loss by the following insurance coverages, in lhe 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 beller, or shall meet with the approval
of the City:
Statu10ry Worker's Compensa1ion Insurance and Employer's Liability Insurance
coverage in the amounl sel forth in the attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business Automobile
Insurance covcrage in the amounl set forth in Exhibit A, Paragraph 9, combined
single limit applied separa1ely to each project away from premises owned or
ren1ed by Consul1ant, which names City and Applicant as an Additional Insured,
and which is primary 10 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 mcmbers of the general public ("Cross-liability Coverage").
Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph
9, unless Errors and Omissions coverage is included in the General Liability
policy.
G. Proof of Insurance Coverage.
(1) Certificates ofInsurance.
Consultanl shall demonstrate proof of coverage herein required, prior to
the commencement of services required under this Agreement, by delivery
of Certifica1es of Insurance demonstrating same, and further indicating
that the policies may not bc canceled without at least lhirty (30) days
written notice to the Additional Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage, Primary
Coverage and Cross~liability Coverage required under Consul1ant's
Commercial Gcneral Liability Insurance Policy, Consul1ant shall deliver a
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policy endorsement to the City demonstrating same, which shall be
reviewed and approved by the Risk Manager.
H. Security for Performance.
(I) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates the need for
Consultant to provide a Performance Bond (indicated by a check mark in
the parenthetical space inunediately preceding the subparagraph entitled
"Performance Bond"), then Consultant shall provide to the City a
performance bond by a surety and in a form and amount satisfactory to. the
Risk Manager or City Altorney which amount is indicated in the space
adjacent to the term, "Performance Bond," in said Paragraph 19, Exhibit
A.
(2) Letter of Credit
In 1he event that Exhibi1 A, at Paragraph 19, indicates the need for
Consultant to provide a Letter of Credit (indicated by a check mark in the
parcn1hetical space immediately preceding the subparagraph entitled
"Leiter of Credit"), then Consultant shaH provide to the City an
irrevocable letter of credi1 callable by the City at their unfettered
discretion by submitting to the bank a letter, signed by 1he City Manager,
stating thaI the Consultant is in breach of the terms of this Agreement
The letter of credit shaH be issued by a bank, and be in a form and amount
satisfactory to the Risk Manager or City Attorney which amount is
indicated in the space adjacent to the term, "Letter of Credit," in said
Paragraph 19, Exhibi1 A.
(3) Other Securi1y.
In 1he event that Exhibit A, at Paragraph 19, indicates the need for
Consultant to provide security other than a Performance Bond or a Letter
of Credit (indicated by a check mark in the parenthetical space
immediately preceding the subparagraph entitled "Other Security"), then
Consultant shaH provide to the City such other security therein listed in a
fornl and amount satisfactory to the Risk Manager or City Attorney.
1. Business Licensc.
Consultant agrees to obtain a business license from the City and to otherwise
comply with Title 5 of the Chula Vista Municipal Code.
2. Duties of the City.
A. Consultation and Cooperation.
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City shall regularly consult the Consultan1 for the purpose of reviewing the
progress of the Defined Services and Schedule therein contained, and to provide
direction and guidance to achieve the objectives of 1his Agreement. The City
shall pennit access 10 its office facilities, files, and records by Consultant
throughout the tenn of the agreement. In addition thereto, City agrees to provide
1he infonnation, data, items and materials set forth on Exhibit A, Paragraph 10,
and with the further understanding that delay in the provision of these materials
beyond 30 days after authorization to proceed, shall constitute a basis for the
jus1ifiable delay in the Consultant's perfonnance of this Agreement.
B. Compensation.
Upon receipt of a properly prepared billing from Consultant submitted to the City
periodically as indicated in Exhibit A, Paragraph 18, but in no event more
frequently 1han monthly, on the day of 1he period indicated in Exhibit A,
Paragraph 18, City shall compensate Consultant for all services rendered by
Consultant according to the tenns and conditions set forth in Exhibit A, Paragraph
11, adjacent to the governing compensation relationship indicated by a
"checkmark" nexl to the appropriate arrangement, subject to the requirements for
reten1ion set forth in paragraph 19 of Exhibit A, and shall compensate Consultant
for out of pocket expenses as provided in Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain sufficient infonnation as to the
propriety of 1he billing to pennit thc City to evaluate that the amounl due and
payable thereunder is propcr, and shall spccifically contain the City's account
number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such
payment.
3. Administration of Contract.
Each party designales the individuals ("Con1ract Administrators") indicated on Exhibit A,
Paragraph 13, as said party's contrac1 administra10r who is authorized by said party to
represent them in the routine administration of tllis Agreement.
4. Tenn.
This Agreement shall terminate when the Parties have complied with all executory
provisions hereof.
5. Liquidated D,unages.
The provisions of 1his section apply if a Liquidated Damages Rate is provided in Exhibit
A, Paragraph 14.
II is acknowledged by both parties that time is of the cssence in 1he completion of this
Agreement. It is difficult to cstimate 1he amount of damages resul1ing from delay in
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perfonnance. The parties have used their judgment to arrive at a reasonable amount to
compensate for delay.
Failure to complete the Defined Services within the allotted time period specified in this
Agreement shall result in the following penalty: For each consecutive calendar day in
excess of 1he time specified for the completion of the respective work assignment or
Deliverable, the consultant shall pay to the City, or have withheld from monies due, the
sum of Liquidated Damages Rale provided in Exhibit A, Paragraph 14 ("Liquidated
Damages Rate").
Time extensions for delays beyond the consultant's control, other than delays caused by
the City, shall be requested in writing to the City's Contract Administrator, or designee,
prior to the expiration of the specified time. Extensions of time, when granted, will be
based upon lhe effect of delays to the work and will not be gran1ed for delays to minor
portions of work unless it can be shown that such delays did or will delay the progress of
the work.
6. Financial In1eres1s of Consultant.
A. Consultant is designa1ed as an FPPC filer.
If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer",
Consultant is deemed to be a "Consultant" for the purposes of the Political
Refonn Act conflict of interest and disclosure provisions, and shall report
economic interests to the City Clerk on the required Statement of Econonùc
I nterests in such reporting categories as are specified in Paragraph 15 of Exhibit
A, or if none arc specified, then as detennincd by the City Attorney.
B. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC filer, Consultant shaH
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 lhis Agrcement.
C. Search to Detennine Economic Interests.
Rcgardless of whether Consultant is designated as an FPL filer, Consultant
warran1s and represents 1ha1 Consultant has diligently conducted a search and
inventory of ConsuHant's economic interests, as the tenD is used in the regulations
promulgated by the Fair Political Practices Commission, and has determined 1hat
Consul1an1 does not, to the bes1 of Consultant's knowledge, have an econonùc
interest which would conflic1 with Consul1anl's du1ies under this Agreement.
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D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC filer, Consultant
further warrants and represents that Consultant will not acquire, obtain, or assume
an economic interest during the term of this Agreement which would constitute a
conflict of interest as prohibited by the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designaled as an FPPC filer, Consultant
further warrants and represents that Consultant will immediately advise the City
Attorney of City if Consultant learns of an economic interest of Consultant's
which may result in a conflict of interest for 1he purpose of the Fair Political
Prac1ices Ac1, and regulations promulgated thereunder.
F. Specific Warranties Against Economic Interests.
Consultant warran1s and represents that neither Consultant, nor Consultant's
immediate family members, nor Consultan1's employees or agents ("Consultant
Associates") presently have any in1erest, directly or indirectly, whatsoever in any
property which may be lhe subject matter of the Defined Services, or in any
property within 2 radial miles from the exterior boundaries of any property which
may be the subject matter of the Defined Services, ("Prohibited Interest"), other
1han as listed in Exhibi1 A, Paragraph 15.
Consultant further warrants and represents 1hat no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to
Consultant or Consultant Associates in connection with Consultant's performance
of 1his Agreement. Consultan1 promises to advise City of any such promise that
may be made during thc Tcrm of this Agreement, or for 12 months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such
Prohibited Interest within the Term of this Agreement, or for 12 months after the
expiration of this Agreement, except with the written permission of City.
Consultant may not conduct or solicit 3J1Y business for any party to this
Agreement, or for any third party which may be in conflict wi1h Consultant's
responsibilities under Illis Agreement, except wilh the wrilten permission of City.
7. Hold Hannless.
Consultan1 shall defend, indemnify, protcct and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability, cost
and expense (including without limitation attorneys' fees) arising out of the conduct of
1he Consultan1, or any agent or employee, subcontractors, or others in connection wi1h the
execution of the work covered by this Agreement, except only for 1hose claims arising
ITom the sole negligence or sole willful misconduct of the City, its officers, or employees.
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Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and
liability incurred by the City, its officers, agents, or employees in defending against such
claims, whether the same proceed to judgment or not. Further, Consultant at its own
expense shall, upon written request by the City, defend any such suit or action brought
against the City, its officers, agents, or employees. Consultants' indemnification of City
shall not be limited by any prior or subsequent declaration by the Consultant.
8. Termination of Agreement for Cause-
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
Consultant's obligations under this Agreement, or if Consultant shall violate any of the
covenants, agreements or stipulations of 1his Agreement, City shall have lhe right to
terminate this Agreement by giving written notice to Consultant of such termination and
specifying the effective date thereof at least five (5) days before the effective date of such
termination. In that event, all finished or unfinished documents, data, sludies, surveys,
drawings, maps, reports and other materials prcpared by Consultant shall, a11he option of
the City, become the property of the City, and Consultant shall be entitled to receive just
and equitable compensation for any work satisfactorily completed on such documents
and other materials up to the effective date of Notice of Termination, not to exceed the
amounts payable hereunder, and less any damages caused City by Consultant's breach.
9. Errors and Omissions.
In the even1 1hat the City Administrator determines 1hat the Consultan1s' negligence,
errors, or omissions in the performance of work under this Agreement has resulted in
expense to City greater than would have resulted if there were no such negligence, errors,
omissions, Consultant shall reimburse City for any additional expenses incurred by the
City. Nothing herein is intended 10 limit City's rights under other provisions of this
Agreement.
10. Termination of Agreemen1 for Convcnience of City.
City may terminate this Agreemenl at any lime and for any reason, by giving specific
written notice to Consultant of such termination and specifying the effective date thereof,
a1 least thirty (30) days before 1he effective date of such termination. In that event, all
finished and unfinished documenls and other materi:¡ls described hereinabove shall, at the
option of the City, become City's sole and exclusive property. If the agreement is
terminated by City as provided in 1his paragraph, Consul1ant shall be entitled to receive
just and equitable compensation for any satisfactory work eomple1ed on sueh documents
and olher materials to the effective date of such termination. Consultant hereby expressly
waives any and all claims for damages or compensation arising under this Agreement
except as se1 forth herein.
II Assignability.
The services of Consultant are personal 10 the City, and Consultant shall not assign any
interest in this Agreemcnt, and shall not transfer any interest in the same (whether by
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assigrunent or novation), without prior written consenl of City. City hereby consents to
the assigrunent of the portions of lhe Defined Services identified in Exhibit A, Paragraph
17 to the subconsultants identified thereat as "Pennitted Subconsultants."
12. Ownership, Publication, Reproduction and Use of Ma1erial.
All reports, studies, infonnation, da1a, statistics, fonns, designs, plans, procedures,
systems and any other materials or properties produced under this Agreement shall be the
sole and exclusive property of City. No such materials or properties produced in whole
or in part under this Agreement shall be subject 10 private use, copyrights or patent rights
by Consultant in the United States or in any other coun1ry without the express written
consent of City. City shall have umestric1ed authority 10 publish, disclose (except as may
be limited by the provisions of the Public Records Act), distribute, and otherwise use,
copyright or patent, in whole or in part, any such reports, studies, data, statistics, fonns or
other materials or proper1ies produced under 1his Agreement.
13. Independent Contractor.
City is interested only in the rcsults ob1ained and Consultant shall perfonn as an
independent contractor wi1h sole control of the manner and means of perfonning the
services required under this Agreement. City maintains the right only to reject or accept
Consultant's work products. Consultant and any of 1he Consultant's agents, employees or
representatives are, for all purposes undcr this Agreement, an independent contractor and
shall not be deemed to be an employee of City, and none of them shall be entitled to any
benefits to which City employees are entitled including but not limited to, overtime,
retirement benefits, worker's compensation benefits, injury leave or other leave benefits.
Therefore, City will not withhold state or federal income lax, social security tax or any
other payroll tax, and Consultant shall be solely responsible for 1he payment of same and
shall hold the City harmless wi1h regard there10.
14. Administrative Claims Requirements and Procedures.
No suit or arbitration shall be brought arising out of this Agreement, against the City
unless a claim has first been presented in writing and filed with the City and acted upon
by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista
Municipal Code, as same may from time to lime be '!l11ended, the provisions of which are
incorporated by this reference as if fully set forth herein, and such policies and
procedures used by the City in the implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City for the
purpose of resolving any dispute over the tem1S of this Agreement.
15. Attorney's Fees.
Should a dispute arising out of 1his Agreement resul1 in litigation, i1 is agreed 1hat 1he
prcvailing party shall be entitled 10 a judgmen1 against the other for an ammm1 equal to
-~-
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11/24/99 ! -- {""
reasonable attorney's fees and court costs incurred. The "prevailing party" shall be
deemed to be the party who is awarded substantially the relief sought.
16. Statement of Costs.
In the event that Consultant prepares a report or document, or participates in the
preparation of a report or document in performing the Defined Services, Consultant shall
include, or cause the inclusion of, in said report or document, a statement of the numbers
and cost in dollar amounts of all contracts and subcon1racts relating to the preparation of
the report or document.
17. Miscellaneous.
A. Consultant not authorized to Represent City.
Unless specifically authorized in writing by City, Consultant shall have no
authority to ac1 as City's agent to bind Ci1y to any contractual agreemen1s
wha1soever.
B. Consultant is Real Es1ate Broker and/or Salesman.
If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their
principals is/are licensed with lhe State of California or some other stale as a
licensed real estate broker or salesperson. Othcrwise, Consultant represents that
neither Consultant, nor their principals are licensed real estate brokers or
salespersons.
C. No1ices.
All notices, demands, or requests provided for or permitted to be given pursuan1
to this Agreement must be in writing. All notices, demands and requests to be
sent to any party shall be deemed 10 have been properly given or served if
personally served or deposited in the Uniled States mail, addressed to such party,
postage prepaid, registered or certified, with return receipt requested, at the
addresses identified herein as the places of business for each of the designated
parties.
D. Entire Agreement.
This Agreement, together with any other written document referred to or
contemplated herein, embody the entire agreement and understanding between the
parties relating to the subject matter hereof. Neither this Agreement nor any
provision hereof may be amended, modified, waived or discharged except by an
instrumen1 in wri1ing execu1ed by the party against which enforcement of such
amendmen1, waiver or discharge is sought.
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E. Capacity of Parties.
Each signatory and party hereto hereby warrants and represents to the other party
that it has legal authority and capacity and direction from its principal to enter into
this Agreement, and thai all resolutions or other actions have been taken so as to
enable it to enter into this Agreement.
F. Governing LawNenue.
This Agreement shall be governed by and construed in accordance with the laws
of the Slate 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 cJose thereto
as possible. Venue for this Agreement, and performance hereunder, shall be the
City ofChula Vista.
[End of page. Next page is signature page.]
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Signature Page
Agreement Between
City of Chula Vista
and
Remy, Thomas, and Moose, LLP
For Consultant Work
Re: MSCP Subarea Plan
IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby
indicating that they have read and understood same, and indicate their full and complete consent
to its 1erms.
Dated: /~h(19 City of Chula Vista
BY:~~
Sll1fley Hort ,Mayor
Allest:
. ~ I 1. ill ~ ~ ----'
Susan Bige]ow, City Clerk
Approved as to form:
Dated: ///3d In Remy, Thomas, and Moose, LLP
I '
By: ÎÚ?c- ~4Y
Tina A. Thomas, Partner
By: £4
Man yn Ponseggi,
Environmental Project Manager
Exhibit List to Agreement
(X) Exhibi1 A
H.\Hom<'J'I,oomg\Cha<lio,IMSCPcemythomas 'f;' ,1- ! c:; Page ]2
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--'-"-'--.-'-
Exhibit A
to
Agreement between
City of Chula Vista
and
Remy, Thomas, and Moose, LLP
For Legal Consulting Services
Re: MSCP Subarea Plan
1. Effective Date of Agreement: August 4,1999
2. City-Related Entity:
(X) City ofChula Vista, a municipal chartered corporation of the State ofCalifomia
() Redevelopment Agency of the City of Chula Vista, a political subdivision of the
State of California
() Industrial Development Au1hority of the City ofChula Vista, a
() Other: a [insert business
form]
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant: Remy, Thomas, and Moose, LLP
5. Business Form of Consultant:
() Sole Proprietorship
(X) Limited Liability Partnership
() Corporation
6. Place of Business, and Telephone Number of Consultant:
455 Capi10l Mall, Suite 210
Sacramento, CA 95814
Voice Phone (9lG) 443-2745; Fax: (916)443~90l7
H . \H orne \PI illn in glCh,d i no 1M SC P rcmytho mas, g< !¡;; Page 13
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7. General Duties
To lhe satisfaction of the City Attorney's Office and the City's Environmental Review
Coordinator, review, for legal adequacy, environmenlal documentation required for the
MSCP Subarea Plan and ensure preparation of Draft Findings of Fact in accordance with
the California Environmental Quality Act (CEQA), on behalfofthe City ofChula Vista.
8. Scope of Work and Schedule
A. Detailed Scope of Work
1. Review environmental documents required for the MSCP Subarea Plan for
compliance with CEQA, including providing comments in the form of margin
notes.
2. Review and modify as necessary Draft Findings of Fact and any statement of
overriding consideration in accordance with CEQA.
3. Atlcnd meetings and Public Hearings as requested by staff.
4. Other duties as requested by City staff necessary 10 facilitate environmental
review and approval of the documents by the City Council. However, if after
completion and review of the City's preliminary environmental analysis of the
proposed project, including preparation and review of an Initial Study,
requires preparation of an environmental impact report under CEQA for the
City's MSCP Subarea Plan, preparation of and/or review by Consultant of any
such document will be considered ou1side the scope of 1his Agreement and
may requirc amendment of this Agreement.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliver,ables:
Deliverable No. I: Comments in the form of margin notes on environmental
documents including review of Responses to Comments.
Deliverable No.2: Comments in the form of margin no1es on draft Findings of
Fac1 and Statement of Overriding Considerations.
Deliverable No.3: Attendance at Plarming Commission and City Council
hearings on the draft environmental documents as scheduled and requested by
City.
------- ----------
H.\HomeIPJanning\Ch" inc\MSCP,emythom,, 'w 1 /7 Page 14
t 1/24/99 I I
-._-~._._~--_.__._-_.~~
D. Date for completion of aJi Consultant services:
June 30, 2000 or upon final approval of environmental documents by the City
Council.
9. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
(X) Employer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
( ) Errors and Omissions insurance: None Required (included in Commercial
General Liability coverage).
(X) Errors and Omissions Insurance: $1,000,000 (not included in Commercial
General Liability coverage).
10. Compensation:
A. (X) Time and Materials
For perfonnance of the General and Detailed Services of Consultant as herein
required, City shall pay Consultant for the productive hours of time and material
spent by Consultant in lhe performance of said Services, at the rates or amounts
set forth herein below according to the following tenns and conditions:
(X) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwilhs1anding the expenditure by Consultant of lime and materials in excess of
said Maximum Compensation amount, Consultant agrees that Consultant will
perform aJi of the General and Detailed Services herein required of Consultant for
no more than $32,500 including all Materials, and other "reimbursab1es"
("Maximum Compensa1ion").
Rate Schedule
Category of Employee Hourly
of Lel!al Consultant Name Rate
Attorney - Partner Tina A. Thomas $210.00
Senior Associate John Mattox $165.00
( ) Hourly rates may increase by 6% for services rendered after December,
1999, if dclay in providing services is in 1he opinion of the City's Direc10r
of Planning and BuiJding, caused by the City.
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11. Reimbursables
a. Copies $.25 per page
b. Facsimile $1.00 per page
c. Delivery/Pick up charges $7.50 per delivery in 1he Sacramento area
($.35 for each additional mile outside of
Sacramento County)
12. Contract Administrators.
City: Marilyn Ponseggi, Environmental Projects Manager
276 Fourth Avenue, Chula Vista, CA 91910
(619) 691-5707
Consultant: Tina A. Thomas
Remy, Thomas, and Moose, LLP, Attorneys at Law
455 Capito] Mall, Suite 210
Sacramen10, CA 95814
(916) 443-2745
13. (X) Not applicable. Not an FPPC Filer.
( ) FPPC Filer
() Category No. I. Inveshnents and sources of income.
( ) Category No.2. Interests in real property.
( ) Category No.3. Investments, interest in real property, and sources of
income subject to lhe regulatory, permit or licensing authority of the
department.
() Category No.4. Investments in business entities and sources of income
which engage in land development, construction or the acquisition or sale
ofreal property.
() Category No.5. Inveshnents in business entities and sources of income of
the type which, within the past two years, have contracted with the City of
Chllia Vista (Redevelopment Agency) to provide services, supplies,
materials, machinery or equipment.
( ) Category No.6. Investments in business entities and sources of income of
the type which, within the pasl two years, have contracted with 1he
designa1ed employee's department 10 provide services, supplies, materia]s,
machinery or equipment.
IIIHomeIPJonning\Ch"lioeIMSCP,emythom" 'P" / ,? Page 16
11/24/99
() Category No.7. Business positions.
() List "Consultant Associates" interests in real property within 2 radial
miles of Project Property, if any:
14. ( ) Consultant is Real Estate Broker and/or Salesman.
15. Pennitted Subconsultants:
None.
16. Bill Processing:
A. Consultant's billing 10 be submitted for the following period oftime:
(X) Mon1Wy
() Quarterly
() Other:
B. Day ofthe Period for submission of Consultant's Billing:
(X) First of the Month
() 15th Day of each Month
( ) End of the Month
() Other:
C. City's Account Number:
17. Security for Performance
(X) Not applicable.
( ) Perfonnance Bond, $
( ) Letter of Credi1, $
( ) Other Security:
Type:
Amount: $
( ) Retention. If this space is checked, then notwithstanding olher provisions to the
contrary requiring Ú1e paymcnt of compensation to the Consultant sooner, the City
IJ. \lJomeIPJanning\Cha;-lineIMSClTemythoma,.ag< q -(~ 0 Page 17
11/24/99
shaH be entitled to retain, at their option, eilher the following "Re1ention
Percentage" or "Retention Amount" until the City determines 1hat the Retention
Release Event, listed below, has occurred:
( ) Re1ention Percentage: 10%
() Retention Amount: $
Retention Release Event:
( ) Completion of All Consultant Services
--~.
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ATTACHMENT 2
First Amendment to the Agreement between the City of Chula Vista
and Remy, Thomas and Moose, LLP
.1~ ;}?-
I
---._------~-_._---- -~.
FIRST AMENDMENT TO
the Agreement between the City of Chula Vista and
Remy, Thomas, and Moose, LLP
For Legal Consulting Services
Re: MSCP Subarea plan
Recitals
This First Amendment ("First Amendment") is entered into effective as of
June, 2000 by and between the City of Chula Vista ("City") and Remy,
Thomas, and Moose, LLP ("Remy Thomas"), with reference to the following facts:
WHEREAS, Remy Thomas has assisted the City with the review of legal
adequacy of certain environmental documentation required for the MSCP Subarea Plan;
and
WHEREAS, City determined additional work beyond the original Scope of Work
would be necessary to complete the documents; and
WHEREAS, the parties negotiated a new Scope of Work; and
WHEREAS, the parties now desire to amend the Agreement to expand the Scope
of Work required of Remy Thomas to complete the legal review of the MSCP Subarea
Plan and associated documents.
NOW, THEREFORE, in consideration of the recitals and the mutual obligation of
the parties set forth herein, City and Remy Thomas agree as follows:
1. Exhibit A, Section SA of the original Agreement, entitled Scope of Work and
Schedule, Detailed Scope of Work, is hereby amended to add the foI-lowing
paragraphs:
5. Consultant shall complete the below listed tasks in the time allotted:
a. Review the Subarea Plan and Addendum and provide advice to the
City Attorney and Planning and Building Department based upon
that review.
Up to 40 hours
b. Attend and provide City representation at administrative hearings
as necessary at the request of Contract Administrator
::7- :1 :3 1 of3
I "
Up to 20 hours
(includes preparation time, travel lime and attendance at 2
hearings)
c. Prepare for re1reat wi1h Wildlife Agencies
Up to 20 hours
(includes reviewing proposed language for the Subarea Plan and
Addendum and meetings with City staff)
d. Attend and participate in 1he Agency retreat
Up to 20 hours
2. Exhibit A, Section lOA of the original Agreement, entitled Compensation, Time
and Materials, Not-to-Exceed Limitation on Time and Materials Arrangement, is
hereby amended to read as follows:
(X) Not-to~Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Remy Thomas of time and materials in
excess of said Maximum Compensation amount, Remy Thomas agrees that Remy
Thomas will perform all of the General and Detailed Services contain within this
First Amendment required of Consultant for no more than $25,000 including all
Materials, and other "reimbursables" ("Maximum Compensation").
Rate Schedule
Category of Employee
of Consultant Name Hourly Rate
Attorney Partner Tina A. Thomas $ 210.00
Senior Associate Renee F. Hawkins $ 165.00
Any travel or lodging costs shall be reimbursed at the actual cost incurred.
-1 4- 200
.~.~._.__._.__._--_._-
SIGNATURE PAGE TO FIRST AMENDMENT TO
THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND REMY, THOMAS, AND MOOSE, LLP
City ofChula Vista Remy, Thomas, and Moose, LLP
By By
Shirley Horton, Mayor Tina A. Thomas, Partner
Date Date
ATTEST:
Susan Bigelow, City Clerk
Approved in form by:
John M. Kaheny, City Attorney
3 of3
,'"
"C~
ATTACHMENT 3
Second Amendment to the Agreement between the City of Chula Vista
and Remy, Thomas and Moose LLP
'"' .'
" '\¡7
SECOND AMENDMENT TO
the Agreement between the City of Chula Vista and
Remy, Thomas and Moose, LLP
For Legal Consulting Services
Re: MSCP Subarea Plan
Recitals
This Second Amendmen1 ("Second Amendment") is entered into effective as of November
~, 2000 by and between the City of Chula Vista ("City") and Remy, Thomas and Moose,
LLP ("Remy Thomas"), with reference to the following facts:
WHEREAS, Remy Thomas has assisted the City with the review of legal adequacy of
certain environmcntal documenta1ion required for the MSCP Subarea Plan; and
WHEREAS, City detennincd additional work beyond the original Scope of Work would
be necessary to complete the documents; and
\VHEREAS, the parties negotiated a ncw Scope of Work; and
\VHEREAS, the parties now desire to amend 1he Agreement to cxpand 1he Scope of
Work required of Remy Thomas to complete the legal review of thc MSCP Subarea Plan and
associated documents.
NOW, THEREFORE, in consideration of the reci1als and the mutual ob1igation of the
parties set forth hcrcin, City and Remy Thomas agree as follows:
I. Exhibit A, Scction SA of the original Agreement, entitled Scope of Work and Schedule,
Detailed Scope of Work, is hereby amended 10 add the following paragraph:
6. Consultant shall completc the below 1is1ed tasks:
MSCP - Phase I
a. Prepare CEQA Findings for the Ci1y of Chula Vista acting as a responsible
agency for 1he approval of the MSCP Subregional Plan and adoption of the Chula
Vista MSCP Subarea Plan.
b. Review revisions of the ChuJa Vis1a MSCP Subarea Plan for compliance with
federal and s1a1e endangered species laws.
/~ I of 4
'1 ' /
I ' I R :fvOO - '1 d-r
c. Prcpare a Mitigation and Implemen1ing Agreement Moni10ring Program for
Biological Resources and ensure it is consistent with the Chula Vista MSCP
Subarea Plan and Implementing Agreement.
d. Rcsearch and advisc the City on strategies to modify the critical habitat
designations for those spccies which affect the Chula Vista MSCP Subarea.
e. Review public commen1s and responses to public comments on the Chula Vista
MSCP Subarea Plan as necessary to obtain federal and state incidental take
permits.
MSCP - Phase II
a. Assist in con1ract negotiations on behalf of the Ci1y with the Wildlife Agencies on
the MSCP Implementing Agrecment, including research and review all drafts of
the Implementing Agreement to ensure compliance with applicable federal and
state endangered species laws, attend meetings with the Wildlife Agencies, and
prepare for and attend the Ci1y Council public hearing on adoption of the
Implementing Agreement.
b. Revise the Mitigation and Implementing Agreement Monitoring Program for
Biological Resources and cnsure it is consistent with the Chula Vista MSCP
Subarea Plan and Implementing Agreemcnt.
c. Research and adv,se the City on stratcgics to modify the critical habitat
designations for those species which atTect the Chub Vista MSCP Subarea.
d. Review the City's proposed implementing ordinances, including the HUT,
Grazing Abatement, and amendments to 1he Grading Ordinance for consis1ency
with applicable fcderal and state endangered species laws and for compliance
with CEQA.
e. Review public comments and responses to public commen1s on the Implemen1ing
Agreement as necessary to obtain and implemen1 federal and state incidental take
permits.
Low-effect Habitat Conservation Plan (HCP) for the Quino Checkerspot Butterfly
a. Review the ]ow~effect Habitat Conservation Plan for the Quino Checkerspot
butterfly for consistency with applicable federal and state endangered species
laws and for compliance with CEQA.
2. Exhibit A, Section 8C of the original Agreement, entitJed Dates or Times for Delivery of
Deliverables, Deliverable No 2 is hereby amended to read as follows:
Draft Findings of Fac1 and Statement of Overriding Considera1ions
2 of 4
ì '{
, ;
3. Exhibit A, Section 8C of the original Agrecment, entitled Dates or Times for Delivery of
Deliverables, is hereby amended to add the fol1owing paragraph:
Deliverable No.4: Draft Mitigation and Implementing Agreement Monitoring Program
for Biological Resources.
Deliverable No.5: Revised Draft Mitigation and Implementing Agreement Monitoring
Program for Biological Resources.
4. Exhibit A, Section 80 of the original Agreemcnt, entitled Date for Completion of all
Consultant Services, is hereby amended to read as fol1ows:
August 15,2001 or upon issuance of incidental take permits by the Wildlife Agencies.
5. Exhibit A, Section lOA of the original Agreement, entitled Compensation, Time and
Materials, Not-to~Exceed Limitation on Time and Materials Arrangement, is hereby
amended to read as fol1ows:
(X) Not-to~Excced Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Remy Thomas of time and materials in excess of
said Maximum Compensation amount, Remy Thomas agrees 1hat Remy Thomas will
perfom1 al1 of the General and Detailed Services contain within this Second Amendment
required of Consultant for no more than $]45,000 including al1 Materials, and other
"reimbursables" ("Maximum Compensation"). as follows:
MSCP - Phase I $ 20,000
MSCP - Phase 11 $ 95,000
Low-effect HC!' for Qllino Chcckerspot Butterfly $ 30,000
TOTAL $145,000
Rate Schedule
Renee F. Hawkins
Any travel or lodging costs shall be reimbursed a1 the actual cost incurred.
6. Excep1 as herein provided, all provisions of the original agrcement and firs1 amendmen1
to the agreement shall remain in full force and effect
q~jq 3 of 4
SIGNATURE PAGE TO SECOND AMENDMENT TO
THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND REMY, THOMAS AND MOOSE, LLP
City of Chula Vista Remy, Thomas and Moose, LLP
. £- ~ 4~Hh
By Vi~~- 4 - /Í-l<>-r"c~) /
Tina A. Thomas, Partner
Date Date ii/I '-f / 7.-0'00
/ I
ATTEST:
J~ c /0 ~ fJÍb---
Susan Bigelow, Ci1y Cler
Approved in fonn by:
(H:IShared\PJanningIChristinaIRTM Amendrncnt2.doc)
") -, 4 of 4
/ 'Á)
. / j'
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE THIRD AMENDMENT TO
AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND REMY, THOMAS, MOOSE, AND MANLEY LLP FOR
LEGAL SERVICES RELATED TO THE CITY OF CHULA
VISTA MULTIPLE SPECIES CONSERVATION PROGRAM
(MSCP) SUBAREA PLAN, AND AUTHORIZING THE
MA YOR TO EXECUTE SAID AGREEMENT
WHEREAS, Remy, Thomas, Moose and Manley L.P. (formerly known as Remy,
Thomas and Moose) has assisted the City with the review of legal adequacy of certain
environmental documentation required for thc MSCP Subarea Plan; and
WHEREAS, the original contract executed on November 11, 1999 consisted ofreviewing
environmental documents, attending mectings and public hearings, and conducting legal review
of the Findings of Facts and any statement of ovcrriding considerations in accordance with
CEQA; and
WHEREAS, City determined additional work beyond the Scope of Work would be
neccssary to complete the documen1s and finalize the Implementing Agreement between the City
of Chula Vista and the Resource Agencies; and
WHEREAS, the parties now desire to amend the Agreement to expand the contract
agreement for legal services rendered by Remy, Thomas, Moose and Manley; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the Third Amendmen1 to the Original Agreement between the City of
Chula Vista and Remy, Thomas and Moose, Consultant, for legal services related to the final
approval of the MSCP Subarea Plan.
BE IT FURTHER RESOLVED that the City ofChula Vista that the Mayor of the City of
Chula Vista is hereby authorized and directed to execute said amendment to the agreement on
behalf of the City, a copy of which shall be kcpt on file in the office of the City Clerk.
Presented by Approved as to Form
,/~Itr a. fr¡ {Ú~~
Jim Sandoval Ann f{/
Director of Planning and Building City Attorney
.I.Attomey!Rc>o!Ao"ouo"ot/RTM Re",lotioo Am,odm,ot
~-, ¡
/.,
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
!? .n, ~
U .-.-J /"1. .
, ~nn Moore
City Attorney
Dated: d-. / J ~ 0 t.f
Third Amendment to an Agreement between
The City ofChula Vista and Remy, Thomas, Moose
And Manley LLP for legal services related
To the City ofChula Vista Multiple Species Conservation Program
(MSCP) subarea plan
a / ;2/'
/ -,C
THIRD AMENDMENT TO
The Agreement between the City of Chula Vista and
Remy, Thomas, Moose and Manley, LLP
For Legal Consulting Services
Re: MSCP Subarea Plan
Recitals
This Third Amendment ("Third Amendment") is entered into effective as February 10, 2004 by
and between the City of Chula Vista ("City") and Remy, Thomas, Moose and Manley, LLP
("Remy Thomas"), with reference to the following facts:
WHEREAS, Remy, Thomas, Moose and Manley has assisted the City wi1h the review of
legal adequacy of certain environmen1al documcntation required for 1hc MSCP Subarea Plan;
and
WHEREAS, the original contract exccuted on November 11, 1999 consisted of reviewing
environmental documents, attending mcctings and public hearings, and conducting legal review
of 1he Findings of Facts and any sta1ement of overriding considerations in accordance with
CEQA; and
WHEREAS, City determined additional work beyond 1he Scope of Work would be
necessary to complete the documents and finalize the Implementing Agreement between the City
of Chula Vista and the Resource Agcncies; and
WHEREAS, Remy, Thomas, Moose and Manley has slightly increased their service
rates since the original con1ract was signed by Council on November 11, 1999 and these rates
will apply 10 future services to be provided under this contract amendment; and
WHEREAS, the parties now desire to amend the Agreement to expand the contract
agrecmcnt by $20,330 for legal services rendered by Remy, Thomas, Moose and Manley; and
NOW, THEREFORE, in consideration of thc rccitals and the mutual obligation of the
parties set forth herein, the City and Remy, Thomas, Moose and Manley agree as follows:
1. Exhibit A, Section 80 of the original Agreemcn1, entitled Date for Completion of all
Consultant Services is hereby amended to adding the following:
April 15, 2003
2. Exhibit A, Section lOA of the original Agreement, entitled Compensa1ion, Time and
Materials Arrangement, is hereby amended to read as follows:
(X)Not-to~Exceed Limitation on Time and Materials Arrangement
J / 33 10f3
Notwithstanding the expendi1ure by Remy, Thomas, Moose and Manley of time and
materials in excess of said Maximum Compensation amount, Remy, Thomas, Moose
and Manley agrees that Remy, Thomas, Moose and Manley will perform all of the
General and Detailed Services contained within this Third Amendment required by
the Consultant for no more than $20,330 including all Materials, and other
"reimbursables" ("maximum Compensation"):
Review of the final Subarea Plan and supporting
documents and meeting attcndance $4,730
Review final revisions made to the
Implementing Agreement (IA) prior to issuance ofthe
Take Permit and signing by the Resource Agencies and
adoption by City Council $15,600
Rate Schedule
Category of Employee of
Consultant Namc Hourly Rate
Attorney Partner Tina A. Thomas $195.00
Attorney Partner Andrea A. Matarazzo $195.00
Any travel or lodging costs shall be reimbursed at the actual cost incurred.
3. Except as herein provided, all provisions of the original agreement, first amendment, and
second amendment shall remain in full force and effect.
1)/31 2 of 3
SIGNATURE PAGE TO THIRD AMENDMENT TO
THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND REMY, THOMAS, AND MOOSE, LLP
City ofChula Vista Remy, Thomas, Moose and Manley, LLP
By: By:
Stephen C. Padilla, Mayor
Date: Date: 1z~/~
ATTEST:
Susan Bigelow, City Clerk
Approved as to Fonn:
Ann Moore, City Attorney
1}-36 3 of3
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Page 1, Item: II
Meeting Date: 02/10/04
COUNCIL AGENDA STATEMENT
ITEM TITLE: Resolution approving the proposed Final Draft Park Master Plan for
the 19~acre public community park site in the San Miguel Ranch subdivision.
SUBMITTED BY: Director of General Services Q~~
Director of Public wo~pe tions
Director of Recreation ~
REVIEWED BY: City Manager~~?-' (4/5ths Vote: Yes_No.1U
1-",
This report seeks approval of the Final Draft Park Master Plan for improvements of a public
community park in the San Miguel Ranch subdivision, a master planned development, and a
recommendation for the name of the park to be "Mount San Miguel Park."
STAFF RECOMMENDATION:
That Council approve the Final Draft Park Master Plan for the 19-acre public community park site in
the San Miguel Ranch subdivision and accept the recommendation of the Parks and Recreation
Commission for the name of the park to be "Mount San Miguel Park."
BOARDS/COMMISSIONS RECOMMENDATION:
The Parks and Recreation Commission, at their regular meeting held on October 16, 2003, voted
unanimously (with one Commissioner absent) to approve the Draft Park Master Plan for the 19-acre
public community park in the San Miguel Ranch subdivision and recommended that the name for the
park be "Mount San Miguel Park".
DISCUSSION:
Back2round
In satisfaction of the City Parkland Dedication Ordinance, in partial satisfaction for entitlements
received for the San Miguel Ranch project, and in satisfaction of Conditions of Approval for the San
Mighuel Ranch project, Trimark Development is proposing a public community park on
approximately 19-acres located north of Mount Miguel Road and west of Pas eo Veracruz street. The
park site is bounded by dedicated open space to the north and a portion of an existing SDG&E
easement to the west. A]so adjacent to the park site is one of two Community Purpose Facility
(CPF) sites for the subdivision. The park design includes the CPF site acreage.
Park Development
The Genera] Development Plan (GDP) adopted by City Council in 1996 for San Miguel Ranch
initially identified a 19~acre community park and a three-acre neighborhood park. The Specific
Planning Area (SPA) adopted by the City Council in October] 999 further developed the project with
the neighborhood park to be a private Homeowners Association (HOA) facility and the community
park to be public. In February of 2000, the City approved the tentative subdivision map for San
JIGeneral ServiceslGS Administ,'ationIConocd AgcndalMonnt San M'gnel l'arklConncilAgaStmt Mt San Mignel Park 02-IO-O4_doe
/1-1
Page 2, Item: I'
Meeting Date: 02/10/04
Miguel Ranch that involved 820 single~family lots and 574 multi-family dwelling units. The
community park site was adjacent to a 2.7 acre CPF site and contained the provision for a
Community Center. The map generated the park acreage obligation for 14.7 acres of developed
parkland that was provided with the proposed community park site. At the time the map was being
processed, the City was also developing the City of Chula Vista Park and Recreation Master Plan
(CVP&RMP) that was approved by City Council in November 2002. The CVP&RMP defined a
community park site as 30 or more acres. The plan also distributed the square footage for the San
Miguel Ranch Community Center into the adjacent Rolling Hills Ranch Community Park. The
tentative map provided a 16.2 net usable acreage community park site with the City
acknowledgement that the developer would be credited for the additional acreage provided for the
park site over the park obligation acreage. In the Supplemental Subdivision Improvement
Agreement (SSIA) adopted with the final map for the project, it was agreed that 1.7 acres ofthe CPF
site would be improved as parkland with the joint use of automobile parking shared between the park
site and the cpr site. The SSIA also contained provisions for the City to have the option to purchase
the 1.0-acre CPF site.
The park site was identified to be improved with trails linking to the Chula Vista Greenbelt trail,
picnic tables and other facilities that would contribute to the conservation and enjoyment of the
natural amenities of the area.
As the park's design developed, it became apparent that the City would best be serviced by including
the one~acre CPF site in the 17.9 net acre park site and Staff completed arrangements for the
purchase per the arrangements contained within the SSIA bringing the park site to 18.9 (19) acres.
Community Input
Two community workshops, facilitated by the Landscape Architectural consultants Schmidt Design
Group, were held on June 4th and July 1 ,t 2002 to gather community input into the design of the
future community park and community center.
The first workshop informed, educated, and oriented workshop participants about the draft park
programming, as well as, provided an opportunity for the residents to voice their ideas, needs, wants,
and opinions on the park landscape and the community center.
The second workshop focused more on the park program. The consultant presented three (3)
scenarios that incorporated the public input from the first workshop. Those in attendance reviewed
the alternatives and expressed preferences.
Desi2n Obiectives for the Park
The Master Plan process identified three objectives to be achieved:
. To maximize the recreational use opportunities for community residents,
. To create a unique park identity that would envelop the natural and cultural history of the area,
and
. To create a park that provides a special use experience for the park visitors and brings the
surrounding nature "into" the park.
J:IGeneral ServimlGS Admini,trationlCnuncil AgendalMount San Miguel ParklCouncilAgaStmt Mt San Miguel Park 02-IO-O4.doc
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Page 3, Item: Ii
Meeting Date: 02/10/04
Park Activities Prol!:ram
The Parks and Recreation Department conducted a recreational needs analysis as a basis for the
CVP&RMP. The resulting recreational needs were allocated among future park sites anticipated to
be built-out at year 2020, and an initial program for the I 9-acre park was created. The program was
then further refined with input from the local community, technical input ITom City staff, and the
consultant Landscape Architect.
The proposed Preliminary Park Master Plan for the 19-acre site includes the following program
elements:
. Adult Softball Fields (3) - (Lighted) With 300' radius outfields.
. Basketball Courts (2) - (Lighted) Standard size courts.
. Children's Play Areas and Tot Lot-In the shape ofa California Quail the play area will have
equipment suitable for children of varying age groups, designed for the youngest age group of
children ages 2-5 and other elements for children ages 5 to 12.
. Circulation - The park site will include a paved pathway looping the entire park site to
accommodate pedestrian and emergency vehicle circulation. The loop will also accommodate
joggers and connects with the Citywide Greenbelt Trail.
. Concession and Restroom Building - Centrally located to softball fields and includes a small
office for Recreation staff use. Materials will be chosen to provide durability, safety and low
maintenance. Steel roofing; stucco for walls and pilasters carry forward the park's early
California theme, while gentle arches and wood trellises tie the building into the surrounding
residential neighborhood.
. Informal Skate Area - 8000 sq. ft. unmonitored area for entry-level skateboarding and roller-
skate play
. Low-maintenance Landscape Design -The plan proposes predominantly native plant materials
that will be low water use and drought tolerant materials.
. Off-Leash Dog Area - Approximately three~quarters of an acre is fenced for both large and
small dogs to be off~leash.
. Overlooks - Arbors with benches and interpretive signage to take advantage of the panoramic
views of open space and the Sweetwater reservoir.
. Parking - 152 on~site spaces supplemented by 80 on-street parking spaces. On-site parking is to
be gated to restrict vehicle access after 10:00 p.m.
. Picnic Areas Group-use (5 total) - One large, three medium and one small Shelters/shade
structures with varying quantities of tables will be located throughout the park. All picnic
shelters are within easy access from parking areas to facilitate loading and unloading.
. Picnic Facilities Individual-use (16 total) -Individual areas with picnic tables.
. Storage Building - Recreation storage (540 sq. ft.) and Park Operations storage (120 sq. ft.)
with a family style restroom located adjacent to the children's play area.
. Tennis Court (1) - (Lighted) Standard size court with screen fencing.
The proposed park plan is compliant with the Americans with Disability Act (ADA).
nGeneral ScrvieeslGS AdministratlOnlCounel1 AgendalMount San Miguel ParklCouncilAgaStmt Mt San Miguel Park 02-10-D4.doe
//~3
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Page 4, Item: .t
Meeting Date: 02/10/04
Off leash Do!!: Area
Recreation staff has received numerous requests for off-leash dog areas. The park plan proposes two
fenced areas for both large and small dogs to play without leashes. "Pooper scooper" stations are
also proposed in locations throughout other areas of the park.
Skate Area
Recreation staff has received numerous requests to address the skateboard and rollerblade activities
of City residents. With the recent State reclassification of skateboarding as a hazardous sport, the
liability perspective has shifted to include the participant in the responsibility for this activity. The
City is responding to the request for skateboard parks and is currently working to provide facilities in
several locations throughout the City. This park plan provides an area for the use of skateboards at a
beginner's skill level, to practice in an approved area rather than through the inappropriate use of
park furniture.
The skateboard play area will be signed to identify basic safety standards including the requirement
for users to wear helmets, and other appropriate protective gear.
Parkin!!:
Parking has been provided to accommodate 232 cars with 152 stalls on-site and 80 stalls on street,
directly adjacent to the park site along Paseo Veracruz Street. Parking is restricted along Mount
Miguel Road. The parking lot entrance is to be gated to restrict vehicle access after 10:00 p.m., or as
Park Operations staff deems appropriate.
Staff researched other local City parking requirements for park and recreation facilities, and finds the
quantity provided in this plan is consistent with other jurisdictional standards, including the City of
San Diego.
Specific Plannin!!: Area (SPA) Conceptual Guidelines Compliance
The park plan is consistent with the general conceptual design guidelines established within the SPA,
including the early California and Spanish style of the project's architecture. The SPA plan has
internal residential streets bordering the park site to allow for on street parking for the park users.
Much of the detailed concept development for the park site was appropriately deferred in the SPA to
this Park Master Plan development phase.
Li!!:htin!!:
Recreation staff has identified the need to have the softball fields lighted. Basketball and tennis
courts and the informal skate area will also have lighting to extend the hours of use. Adequate foot-
candles will be maintained along all walkways for public safety. All park lighting will be turned off
after 10 pm with the exception ofthe restroom building. Restroom lighting remains on all night for
safety reasons.
Concern for park lighting intrusion into surrounding homes is always a staff concern. Because ofthe
spatial relationship of this park site to the surrounding residential areas, Staff believes that night
lighting for the softball fields would not have a negative impact on the adjacent residents. Ambient
light levels at the park boundary are to be at or below 0.5~foot candles.
-':IGeneral ServiccslGS AdministrationlCouncil AgendalMount San Miguell'arklCouneilA~aStmt Mt San Miguel Park 02-IO-O4-doc
1/- +
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Page 5, Item: Ii
Meeting Date: 02/10/04
Environmental Review
The Environmental Review Coordinator has reviewed the proposed project for compliance with the
California Environmental Quality Act (CEQA) and has determined that the proposed San Miguel
Ranch Community Park was anticipated in the Final Subsequent Environmental Impact Report for
the San Miguel Ranch SPA Plan and TM (EIR 97 ~02). However, lighting for the proposed project
was not covered in the adopted San Miguel Ranch SPA Plan or EIR 97~02. Thus, further
environmental review is necessary and will be completed during the Design Development phase of
the Project. Should this review create a substantive change to the Park Master Plan, the Plan would
again be presented to City Council for review and approval.
Fire and Police
Fire staff and Police staff have reviewed the plan, and provided input to insure that issues regarding
public health and safety have been addressed.
Park Name
The name for the park that was recommended by the Parks and Recreation Commission is Mount
San Miguel Park. It is intended as an acknowledgement of the relationship of the park site to the
local geography, in this case the adjacent San Miguel mountain.
FISCAL IMPACT:
The Park cost of$6,235,000 is to be funded from several sources. In conformance with the City's
Parkland Acquisition and Development Ordinance Trimark Development has paid or will be
contributing approximately $4,435,000 in park development fees. Additionally, Trimark
Development has agreed to contribute another $633,000 towards additional park improvement costs.
The balance ofthe monies, $1,167,000 and the credits owed the Developer for additional acreages
would be funded with projected "in~lieu" park fees from the Bella Lago project.
Staff has performed a review of the preliminary estimates of probable cost for park construction, and
the initial establishment/maintenance period, prepared by the design consultant team. Changes to the
cost estimates are anticipated as the Park Master Plan evolves into construction drawings, and as
actual park construction commences. However, staff is of the opinion that the estimates are an
adequate representation of anticipated costs for the improvements proposed.
After the initial turf establishment period, future park maintenance costs for the public park will be
paid through the City's General Fund.
Attachments:
A- Final Draft Park Master Plan, (including construction cost estimate.)
B. Parks and Recreation Commission Meeting October 16,2003 Minutes
J:IGeneral ServiecslGS Administl'3tionlCuuneil AgendalMuunt San Miguel ParklCounCiIAgaStmt Mt San Miguel Pack 02-10-04-doç
//-5
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City of Chula Vista
Parks and Recreation Commission
Minutes
Thursday - 6:30 p.m. October 16, 2003
Public Works Center 1800 Maxwell Rd
Meeting called to order by Vice-Chair Don Salcido at 6:30p.m.
Stott Present: Buck Martin, Director of Recreation
Dave Byers, Director ot Public Works Operations
Jack Grittin, Director of General Services
Shauna Stokes, Assistant Director of Recreation
Mary Hofmockel, Principal Landscape Architect
Duane Bazzel, Principal Planner
Brian Cox, Principal Recreation Manager
Ed Hall, Principal Recreation Manager
John Krizan, Landscape Architect
Larry Eliason, Parks and Open Space Manager
Tom Class, Sr. Park Supervisor
Ted Nelson, Recreation Supervisor 111
Guests: Patricia Aguilar, Crossroads II
Chikako Terada, RNP Architects
Glen Schmidt, Schmidt Design Group
Peter Watry, Crossroads II
Susan Watry, Crossroads 11
Jeff Alexander, Chula Vista Fastpitch
Rick Torimaru, Bonita Valley Softball
Jim Dunn, AYSO Bonita 116
1. Roll Call/Motion to Excuse
Members Present: Commissioner Rude, Commissioner Salcido, Commissioner Weidner
(arrived at 6:40 p.m.), Commissioner Ramos, Commissioner Strahl,
Commissioner Rios
Members Absent: Commissioner Perondi
MSC (Rios/Ramos) (Vote 4-0-1-0 with Weidner being late) to excuse Chair Perondi from
tonight's meeting
2. a. Approval of Minutes of September 18, 2003 - MSC (Rios/Rude) (Vote 4-0-0-]
Perondi Absent) to approve the minutes with following corrections.
Commissioner Strahl stated that on Page 2, 2nd paragraph, interpretation should read:
Commissioner Strahl expressed his dismay, concern, and amazement. Dismayed that a
County of San Diego Branch Library, a Bonita Historical Museum and a Bonita
Community meeting room are to be built on what many people perceive to be park
land - see historical acquisition and recent usage - park land owned by the City of
Chula Vista, within the County of San Diego, and lies no more than V, mile in each
direction along Bonita Rd, and the duplication of library services for fhe easfern residents
of Chula Vista when the City builds its own library on Easf H Street.
Commissioner Strahl's concern with this issue is that it appears not to have gone through
any City commission or planning group, nor were opportunities for citizen input regarding
the siting of these County facilities on Chula Vista City parkland provided - to my
knowledge-
'C' //-3?' 10/17/03
-'..'------, ,-------
Parks and Recreation Commission
October 16, 2003 Page 2
Commissioner Strahl expressed amazement that this arrangement between the City ot
Chula Vista and the County ot San Diego could be viewed as a partnership when the
City appears to be gaining so little, except tor its residents, exceeding those who live in
certain portions ot eastern Chula Vista, who well enjoy superior library services in the very
near future.
Page 2, 2b - paragraph to read:
Over the last II years, the revenues from the lease of that park facility, the Chula Vista
City Golf Course, has put close to $4 million dollars into this City's general fund.
Commissioner Strahl was shocked by the quoted cost for the updating of the now
outdated master plan for Rohr Park, and requested from staff a general breakdown of
the estimated cost for such an update.
b. San Miguel Ranch Park - Mr. Krizan (Landscape Archifect) briefly discussed the
background of where this park site is situated. Points covered by Mr. Krizan include:
. The General Development Plan adopted by the City Council for San Miguel
Ranch identified a t 9~acre community park, and a three~acre neighborhood
park.
. The Specific Planning Area developed tor the project identified the
community park as a public park, and the neighborhood park as a private
Homeowners Association facility.
. The community park site was adjacent to a 2.7 acre Community Purpose
Facility CPF site, and contained the provision for a Community Center.
. The actual development generated the park acreage obligation for 14.7
acres of developed parkland.
. Provisions for the City to have the option to purchase 1.0 acre CPF site
Mr. Krizan then introduced Mr. Glen Schmidt. of Schmidt Design Group to discuss the
overall Master Plan. Items discussed:
. Community workshops were held to gather community input for the design of the
future community park and center.
. Objectives to be achieved through the Master Plan are to maximize the
recreation use opportunities for the community residents, create a unique park
identity, and create a park that provides a special use experience for park
visitors.
. Park is located on Mount Miguel Road and Poseo Veracruz Streets.
. The park is surrounded by open space to the north and a portion of an SDG&E
easement to the west.
. The park has two levels, I" level is 15 feet higher than the 2cd level.
. Park view looks to the west.
. Park elements include:
(3) Lighted Adult Sottball fields (300' radius outlields)
(2) Lighted Basketball courts
(I) Lighted Tennis Court
Children's Play Areas and Tot lot (ages 2~5) and (ages 5~ 12)
Informal Skate Area (8000 sq ft) - pre~manufactured
Oft~Lease Dog Area 13/4 acres) fenced tor both large and small dogs
Parking - 152 on~site spaces and 80 on~street parking
Picnic Area Gazebos (5) -
Individual picnic tables (16 total)
Circulation of the park includes a paved pathway looping around the
park to accommodate pedestrians, joggers. and emergency vehicle
circulation. This also connects with the Greenbelt Trail. / /- 3'-/
- - -~.- - --~-- ------------
Parks and Recreation Commission
October 16,2003 Page 3
Concessions and Restroom Building - Centrally located to softball
tields.
Overlooks - Arbors with benches and interpretive signage to take
advantage of the panoramic views ot open space and the
Sweetwater reservoir
Ms. Chikako Terada, of RNP Architects discussed the architectural element of the park,
Items discussed:
. The plan is consistent with the early California and Spanish style architecture
. Open trellis area for soft shade
. Different heights in roof of buildings with plaster walls
. Roof material is made of metal. which is durable
. Storage and restrooms have open trellis attached
. Score booth at each end of the field (with storage)
Mr. Schmidt discussed the lighting concept of the park, and stated that the skate park, softball.
basketball and tennis courts would be lit. In addition lighting would also be implemented along
the walkway for public safety.
Vice Chair Salcido asked for comments from the commissioners.
Commissioner Weidner stated that this was an excellent plan, and asked for clarification on
maintenance, durability, repair, and expense for replacement of the pre-manufactured skate
element. In addition, asked about cost benefit analysis, in terms of if these temporary elements
and the expense is close to that of a permanent element, and would that need to be replaced
twice as often.
Mr. Krizan (Landscape Architect) responded that the pre-manufactured elements are less
expensive than the concrete skate elements. Pre-manufactured elements allow for change to
more popular skate elements- Maintenance and durability are a big concern, and staff is
working with the manufacturer to ensure that these elements are problem free. In addition, Mr.
Krizan responded that these skate elements are temporary in the sense that they can be
removed, but they have the life capacity of a concrete skate element.
Commissioner Rios stated that he likes the Master Plan, and asked for clarification on the wall
adjacent to the skate park area, and storage area for each field, and asked if it was for league
use?
Mr. Glen Schmidt (Schmidt Design) responded that the wall is for seating purposes, and is
surrounded by grass.
Mr. Martin (Director of Recreation) responded that the storage areas are for use by in-season
leagues.
Commissioner Ramos stated that she is impressed with the Master Plan, and liked the idea of the
restrooms next to the tot-lot.
Commissioner Rude stated that it seemed like the dog park had more open lawn area than the
open area for people.
Mr. Schmidt responded that the dog park was ,/, of an acre, whereas the lawn areas for people
were much larger-
Vice-Chair Salcido stated that this was a nice a Master Plan and is impressed by the layout of
the park. In addition, asked about why lighted soccer fields were rejected.
//-35
.-------- -.--.
Parks and Recreation Commission
October 16,2003 Page 4
Mr. Krizan responded that the program was derived from the Parks and Recreation Master Plan,
and the allocation called for 3 softball fields or 3 soccer fields. Discussion of either softball or
soccer in Otay Ranch, and either softball or soccer at Rolling Hills Ranch took place between
staff. In the development of the park plans, it evolved that this site fits better with softball fields,
and the Rolling Hills Ranch park site fit better with soccer fields. Mr. Krizan presented the Rolling
Hills Master Plan to the Commission and discussed the park elements, and stated that all fields
are lighted.
Vice-Chair Salcido asked how many-lighted softball fields the City had under its purview.
Mr. Cox (Principal Recreation Manager) responded that without counting the two parks
currently under discussion, the City has 9-lighted softball, and 6 lighted soccer fields. Discovery
and Chula Vista Community are also being included as lighted soccer fields (in over-lay
capacity).
Discussion held on dedicated lighted soccer fields and softball fields.
Vice-Chair Salcido asked about the need for a lighted multi-use softball field in the community,
and stated that a multi-use softball field could be rented out by the City for revenue.
Mr. Nelson (Recreation Supervisor III) responded that a multi-use softball field could be used as a
tournament facility for both youth and adult. Staff is finding that some fields in Chula Vista are
not adequate in size and outdated (too short) for adults to play on. Distances between fields
are too short. In addition, Mr. Nelson stated that the plan is to set aside community use tields
(rental/program), and keep options open, and yes, have youth/adult softball tournaments to
offset programming costs.
Commissioner Weidner asked about swings available to the children, and asked if additional
swings could be added.
Mr. Schmidt responded that there are four swings for school age, and 2 swings for toddler aged,
and yes, additional swings could be added to the toddler aged swings.
Vice-Chair Salcido asked about available parking.
Mr. Schmidt responded that there are 182 parking sites available on site, and approximately 80
parking spots on Paseo Veracruz Street.
Mr. Jim Dunn (A YSO) stated that there is a great need for lighted soccer tields, and currently,
they are sharing 2 facilities with 3 other athletic organizations. In addition, size ot fields at Chula
Vista are not practical for use, and asked about the field size at Rolling Hills Ranch park.
Mr. Krizan (Landscape Architect) responded that the fields measure 150' x 300' and are per
F.I.F.A. Guidelines and Standards. Larger tields measure t 95' x 325', and park space is not
available to accommodate the larger fields.
Discussion held on current lighted soccer fields in the City, and future parks coming on-line within
the next 12 months.
Vice-Chair Salcido recommended that stoff make presentations on future Master Plans to the
Youth Sports Council prior to presenting to the Parks and Recreation Commission. Commissioner
Salcido stated that the Youth Sports Council would provide essential information and input
regarding field layout, etc
Commissioner Weidner stated that she concurs with Vice-Chair Salcido's recommendation.
-3:V
Parks and Recreation Commission
October 16, 2003 Page 5
Mr. Martin stated that the Youth Sports Council is notitied of master plan communify meefings,
and therefore, would be able fo attend.
MSC (Ramos/Weidner) (7 -0-0-1 Perondl absent) to approve the Master Plan for the 19-acre
community park in San Miguel Ranch neighborhood
Discussion held on naming fhe 19-acre community park in San Miguel Ranch neighborhood,
Vice-Chair Salcido asked for communify inpuf on naming the park.
Commissioner Rude suggested San Miguel Park
Commissioner Ramos suggested San Miguel Park
Commissioner Weidner suggested Gnatcatcher Park
Commissioner Salcido suggested ValleyView Park and San Miguel Park
Ms. Patricia Aguilar of Crossroads suggested Mt. San Miguel Park
Mr. Duane Bazzellikes the name Sweetwater View Park
MSC (Weidner/Strahl) (7-2-0-1 Rude and Ramos abstained and Perondl absent) to name the
community park In San Miguel Ranch, Mt. San Miguel Park.
MSC to move item 3C out of order (Salcido/Weidner) (Vote 7-0-0-1 Perondl absent)
3c. landmark Park - Mr. Duane Bazze!, Principal Planner provided a power point presentation
about landmark Park concept. Items discussed by Mr. Bazzel include:
0 The General Plan Steering Committee requested that City provide a landmark park or
gathering place that residents of the City would take pride in and enjoy going to, and give
their cities a positive identity.
0 Concept of landmark was presented at Town Hall II meeting
0 Staff did research via the Internet and found that the there are various gathering places
throughout the United States
0 Examples of gathering places include: Central Park in New York, Golden Gate Park in San
Francisco, or Balboa Park in San Diego. Other areas include, Georgia, Oregon, Indiana, and
North Carolina.
0 Some members ot the General Plan Steering Committee telt that a single large park (30-
acres) located in the heart of the City would be a great location
0 Elements of the park include: Access and Linkages; Uses and activities; Comfort and Image,
and Sociability
0 Considerations that go into creating a landmark park/gathering place include eleven
principles for creating great public space. They are key elements for transferring public
space into community places.
0 Discussion held on possible locations of the landmark park, and this element could be an
addendum to the current Parks and Recreation Master Plan, or a stand-alone Master Plan.
0 Preparing Park Strategies for land Use Alternatives, and return in November and present
Draft Park Strategies
Commissioner Rude stated that she is an advocate for the landmark Park idea, and is
concerned with location of where the park would be placed.
Commissioner Ramos stated that the concept of landmark Park is a great idea, and Chula Vista
needs this type ot park as a gathering place-
Commissioner Rios stated that the existing Memorial Park location would be a great location for
a landmark Park concept because it is centrally located, and area could be redeveloped, and
this would be a valuable asset to the City.
Vice-Chair Salcido concurs with Commissioner Rios. Another potential site would be the
Bayfront, and incorporate this element with the greenbelt. / /- 3 7
- - - -----.------ --------
Parks and Recreation Commission
October 16, 2003 Page 6
Commissioner Strahl commented that he liked the idea ot having a "necklace" of parks with
different themes reflecting the differences in the City.
Ms. Patricia Aguilar, President of Crossroads II requested that the Commission endorse the goal
of establishing a landmark Park concept that was established by the General Plan Update
Steering Committee. Establish landmark Park as public space, and central gathering place. It is
important tor the community of Chula Vista. In addition, requested that the Commission
encourage the General Plan Update Steering Committee to identity potential sites for this park.
She asked that item be placed on the Agenda for November as an action item as: a). endorse
concept of landmark Park for the City and, and b) encourage the General Plan Update
Steering Committee to identify potential locations for the park, and endorse concept of
landmark Park necessity of park.
2c. Library Sife - Bonita - Mr. Martin (Director of Recreation) stated that at last month's
meeting, during the discussion on the Library Site, Commissioner Strahl asked that an Action Item
be placed on the October Commission meeting Agenda regarding this topic. This was to
provide an opportunity tor the commission to make a recommendation and give input to the
City Council about giving Chula Vista residents an opportunity to provide input regarding the
location of this County Library.
Discussion held on placement ot County 01 San Diego Library on City land without public input.
Ms. Stokes (Assistant Director of Recreation) stated that action was taken last month, but under
a different item, and that action was taken after Commissioner Strahl asked that the item be
placed on the Agenda as an Action Item. This item was brought back to give the Commission
an opportunity for additional input. and any additional items that needed to be identified.
Commissioner Rude asked if Commissioner Strahl would be presenting this item to the City
CounciL
Mr. Martin responded that this item would be presented to the City Council via an Information
Item.
Commissioner Strahl supports the motion made at last month's meeting, which covers this issue.
Mr. Martin clarified for the Commission that a recommendation was made, at last month's
meeting to inform Council that the Commission was concerned with the process, and telt that
public input was not received concerning placement of a County of San Diego Library on City
property.
MSC (Strahl/Salcido) (Vote 7-0-1-1 Ramos abstained, and Perondi absent) express concern to
the City Council with placement of a San Diego County Library on city property/land without
public input
2d. Rohr Park Master Plan Recommendation to City Council - Mr. Martin (Director of
Recreation) stated that at last month's meeting, under Rohr Park Master Plan item, the
Commission voted to make the City Council aware of their dissatisfaction and dismay
concerning the placement of the Library and Bonita Historical Museum in Rohr Park Recreation
Area without receiving public input. The Commission also recommended that a public hearing
take place within the next three months pertaining to the existing condition of the Rohr Park
Recreation Area and future of Rohr Park Recreation Area. The Commission needs to make a
recommendation regarding whether or not to accept staff's report concerning the Rohr Park
Master Plan.
//- ?)g
Parks and Recreation Commission
October 16,2003 Page 7
Commissioner Strahl stated that he could not support the staff recommendation as it stands,
unless there were there was guarantee that there would be no development in the Rohr Park
Recreation Area.
Commissioner Rios stated that he agrees with Commissioner Strahl, however, there is a Rohr Park
Master Plan in place. Improvements were planned many years ago. The lighting of Ballfield # 18
look place because of the current Rohr Park Master Plan. Wording should include: if updates
are not in the current Master Plan.
Mr. Martin clarified for the Commission that they are recommending that no further
development or re-design of the Rohr Park area, including golf course and 2-pieces of land,
developed until a Master Plan is developed, separate from what has taken place with the
current Master Plan, the library and museum.
Commissioner Strahl stated that he agreed to this statement made by Mr. Martin.
Mr. Dave Byers (Director of Public Works Operations) stated that current improvements fo the
park include: building a restroom, lighting, parking area, and tot lot equipment.
Commissioner Weidner stated that there is nothing that the Commission says or recommends
that is going to stop staff as directed by Council from doing whatever planning that they were
directed to do pertaining to the County of San Diego Library. The only thing that the
Commission can affect is the timing of the Master Plan for Rohr Park, which means that staff
needs to look at their priorities of where they're putting resources, and how can they make the
Master Plan happen faster.
Mr. Griffin (Director of General Services) responded that staff receives direction and priorities
from the City Council, and further stated that a report should not be presented by staff, because
staff will not contradict Council's direction. The report should come from the Commission.
Vice-Chair Salcido stated that none of this in the Commission's control, and requests that the
City Council not approve any new development agreements in Rohr Park area. The Master Plan
development needs to include Commission and community input. In addition, he could not
agree to staff's report.
Mr. Griffin stated that the Commission could ask Council to direct staff to scope/fund this
project. The issue with this project is that there is no clear direction, and Council needs to direct
staff. Priorities are given to staff from the Council, Rohr Park is not one of the priorities at this
time.
Ms. Stokes (Assistant Director of Recreation) concurs with Mr. Griffins statement, and stated that
priorities that staff are working on are Council's priorities as approved in the City's 2-year capital
improvement budget, so by Council adopting the CIP budget. in essence they directed staff
with park projects and priorities, and Rohr Park is not one of them- This item did not have funding
in FY 03 / 04 and 04 / 05. Mr. Griffin is suggesting that the Commission needs to ask the Council
for direction and funding in FY 05 I 06.
Commissioner Strahl stated that he has no problem with this being addressed in FY 05 / 06, as
long as the Council does not make any side deals for the Rohr Park area.
MSC (Rios/Strahl) recommend that Council not enter into any new agreements for the yet to be
developed land within the boundaries ot the Rohr Park Recreational Area to include Rohr Park,
golf course, walking trails, two triangular pieces ot land (boundaries by Central), and the 1.38
acres between South Bay Banquet Facility and County Library, until an updated Master Plan tor
that Recreation Area can be funded. ! í, '.:2, -1
;,! - i
-'_0___.0 ____0'_-
Parks and Recreation Commission
October 16, 2003 Page 8
Mr. Byers (Director ot Public Works Operations) stated that Commission would need to clarify and
explain what the Rohr Park Recreation Area consists of. This area includes: Rohr Park, jogging
trail. golf course, all city owned property in this area which includes land where library is being
placed, and remainder ot land not used for library (land by Central. Sweetwater Rd., Bonita
Road, and Willow Road).
MSC (Weidner/Salcido) to reject staff's recommendation ot Rohr Park Recreation Area Master
Plan as presented, because Rohr Recreation Area needs an updated Master Plan,
Information Items
30. Veteran's Park Update ~ Mr. Jack Griffin (Director of General Services) provided the
Commission with an update on Veteran's Park. The project is currently in the design phase, and
50% of design development plans have been submitted. Staff provided their input, and
comments were transmitted to for incorporation to the Design Plan.
3b. Golf Course Update - Mr. Dave Byers (Director of Public Works Operations) discussed the
Chula Vista Golf Course improvements. Mr. Byers stated that staff continues to conduct monthly
inspections of the golf course to ensure that American Golf is adhering to the Lease and
Maintenance standards. Mr. Byers reviewed highlights of improvements made to the golf
course.
4. Unfinished Business -
a. Set date for field trip to new park development areas - Vice-Chair Salcido and
Mr. Martin asked that at the end of the meeting, the Commission provide
Margarita with Saturday dates that they would be available.
5. New Business - None
6. Written Communications - None
], Commission Comments -
Commissioner Strahl asked that the City golf league come back to the municipal golf
course.
Vice-Chair Salcido stated that San Miguel Ranch Park should have had soccer fields.
8. Staft Comments -
a. Recreation Monthly Report - Mr. Martin (Director of Recreation) reviewed the
monthly report. In addition, he informed the Commission of the Murray-Hayden
Grant submittal.
b- Public Works Operations - Mr- Byers (Director of Public Works Operations)
informed the Commission that the Department took over maintenance ot Santa
Cora Park on 10/1. and the park was open to the public on 10/4.
c. General Services Department - Mr. Griffin (Director of General Services) informed
the Commission the Design Build for Salt Creek is on the Council Agenda for
10/28.
9. Public Comments -
10. Other - None
Meeting adjourned at 9:35 p.m. to the November 20, 2003 meeting.
Submitted by: Margarita Cellano, Recording Secretary / / - ifD
--.-----,. -..,---. ",-
RESOLUTION NO- 2004- -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE PROPOSED FINAL
DRAfT PARK MASTER PLAN FOR THE 19-ACRE PUBLIC
COMMUNITY PARK SITE IN SAN MIGUEL RANCH
SUBDiVISION
WHEREAS, the General Development Plan adopted by City Council in 1996 for
San Miguel Ranch initially identified a 19-acre community park and a three acre neighborhood
park; and
WHEREAS, the City developed the City of Chula Vista Park and Recreation
Master Plan that was approved by City Council in November 2002; and
WHEREAS, the Master Plan will maximize recreational use opportunities, create
a unique park identity and bring surrounding nature into the park; and
WHEREAS, the Environmental Review Coordinator has determined that the
proposed San Miguel Ranch Community Park was anticipated in the Final Subsequent
Environmental Impact Report for the San Miguel Ranch SPA Plan and TM (EIR-97-02).
However, lighting for the proposed project was not covered in the adopted San Miguel Ranch
SPA Plan or ErR 97-02. Thus, further environmental review for lighting only is necessary and
will be completed during the Design Development phase of the Project; and
WHEREAS, approval of the Park plan does not include Jighting; stalT will return to
Council should the Jighting as reviewed through the environmental process result in a substantive change
to the approved plan.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the Final Dratì Master Plan for the 19-acre public community park site in
San Miguel Ranch subdivision and the recommendation of the Parks and Recreation
Commission for the name of the park "Mount San Miguel Park"; and
Presented by Approved as to form by
I~~:; ~ 'Ct~
Buck Martin Ann
Director of Recreation City Attorney
JAttomeyIRc""pmkIPack ma,tcr pia" Sa" Miguel R,,;ell
J:IAttorneyIRESOIPARKIPark Master Plan SAN MIGUEL RANCH_doc //-t./I
---~. . - --..-..--
Page 1, Item: I^-'
Meeting Date: 02/10/04
COUNCIL AGENDA STATEMENT
ITEM TITLE: Resolution approving the Final Draft Park Master Plan for the 12-
acre public neighborhood park site in the EastLake Vistas subdivision
SUBMITTED BY: Director of General Services à-A ~
Director of Public W~peration '
Director of Recreatio
REVIEWED BY: City Manager Gf,;v (4/5ths Vote: Yes - No --XJ
Ie" This report seeks approval of the Final Draft Park Master Plan for improvements of a public
neighborhood park, in the EastLake Vistas subdivision, a master planned development, and a
recommendation for the name for the park to be "Mountain Hawk Park."
STAFF RECOMMENDATION:
That Council approve the proposed Final Draft Park Master Plan for the 12-acre public neighborhood
park site in the EastLake Vistas subdivision and accept the recommendation of the Parks and
Recreation Commission for the name for the park to be "Mountain Hawk Park."
BOARDS/COMMISSIONS RECOMMENDATION:
The Parks and Recreation Commission, at their regular meeting held on January 22, 2004, voted
unanimously to approve the Draft Park Master Plan for the 12-acre public neighborhood park in the
EastLake Vistas subdivision and recommended that the name for the park be "Mountain Hawk
Park".
DISCUSSION:
Backl!round
In satisfaction of the City Parkland Dedication Ordinance, in partial satisfaction for entitlements
received for the EastLake III project, and in satisfaction of Conditions of Approval for the EastLake
Vistas project, the EastLake Company is proposing a public neighborhood park on approximately
l2-acres located north of Olympic Parkway, east of the Salt Creek Corridor, and west ofthe Otay
Lakes reservoir.
Consultant Selection Process/Desil!n Competition
The unique and special nature of the proposed park site within the EastLake Vistas subdivision
coupled with the natural desire for the park to be developed to its fullest potential generated a
modification to the typical park development process. To achieve an above average quality design
concept for this unique park site, the Landscape Architecture Section staff coordinated a design
competition for the design of the park. The design competition allowed the selected candidates to
design the park with the primary consideration being the unique and special nature ofthe park site;
including; the geographic location of the park, the view potential of the park and the potential for a
superior aesthetic quality in the park's ambiance.
lIGencra] ServICcs\GS Administration\Co"ocil Ageoda\Moontain Hawk Park\Co"ociJAgaStmt Mo"ntain Hawk Park 02-JO-O4_doc
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Page 2, Item: i
Meeting Date: 02/10/04
A Selection Committee was created with City staff members from the Landscape Architecture
Section, Recreation Department, Public Works Operations Department, Planning Department and a
representative from the EastLake Company. The Selection Committee, following the City's
Purchasing Ordinance process described within the Municipal Code Section 2.56.220-2.56.240,
having publicly advertised and receiving submittals, interviewed eight firms and selected four firms
to submit design concepts. The four concepts were submitted and judged by the Selection
Committee without the Committee knowing which firms were responsible for which submittal.
From the four concepts submitted, the Committee selected one as most appropriate for further
consideration. The selected park concept was then developed into the proposed Draft Park Master
Plan by the firm that submitted it.
Desil!n Concept
The selected Park Concept involved the creation of a children's story titled "Mountain Hawk" (See
Attachment) that told the tale of a rabbit that befriends a native hawk who in-turn saves the life of the
rabbit. The story is developed in a rich and descriptive manner that also provides information on the
natural features of the area, the geology and the people, animals and plants of the area. The story is
told in an informative manner that is then translated into the design theme ofthe park, encouraging
discovering, exploring, learning and playing. The park will have the Mountain Hawk story painted
onto ceramic tiles and set into interpretive columns throughout the park. The park features are
developed to replicate the events and places of the story.
Park Activities Prol!ram
The Parks and Recreation Department conducted a recreational needs analysis as a basis for the City
of Chula Vista Parks & Recreation Master Plan (PRMP). The resulting recreational needs were
allocated among future park sites anticipated to be built-out at year 2020, and an initial program for
this 12-acre park was created. The park's program was then further refined with technical input from
City staff, including Recreation staff, and the consultant Landscape Architect.
The proposed Draft Park Master Plan for the 12-acre site includes the following elements:
. Basketball Court (1) - (Lighted) Standard size court.
. Children's Play Areas (2) - The play areas will have equipment suitable for children ofvarying
age groups. One area will be designed for the youngest age group of children, ages 2-5 and the
second play area will target children ages 5 to 12.
. Circulation - The park site will include a series of pathways looping the entire park site that will
accommodate pedestrian and emergency vehicle circulation as well as bicyclists and joggers.
. Comfort Station - Called the Ranch House, the comfort station is centrally located and adjacent
to play equipment areas and picnic structures. Park operations storage will be provided in the
comfort station along with accommodations for vending machines.
. Story Place (Amphitheater area) - Set into the slope will be an amphitheater-style seating for
group activities and overlook to the lake.
. Low-maintenance Landscape Design - Where possible low water use planting will be
specified.
. Mountain Spring - A pop-up type interactive water feature for children's play.
nUencral SmiccslGS AdmmlSlrationlCouncil AgendalMoun",in Hawk ParklCouncilAgaSlmt Moun",in Hawk Park 02-IO-D4_doc
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Page 3, Item: I~L
Meeting Date: 02/10/04
. Multi-purpose Fields (2) - Two multipurpose fields are 150 feet by 300 feet, a standard that the
Federation Intemationale de Football Association (FIF A) approves for soccer playas well as for
lacrosse, football, etc. and is intended to also be used for more informal types of recreational play
and for younger aged users.
. Park Furniture - Barbecues, hot ash receptacles, trash containers, benches, drinking fountains
pooper-scoopers and bike racks are located throughout the park.
. Parking (123 Spaces) - 27 on-site spaces including parking for the handicapped. On-site
parking is to be gated to restrict vehicle access after 10:00 p.m. Additional parking is provided
along Lake Crest Drive with 48 spaces of parallel parking on each side of the street.
. Picnic Areas Group-use (3) - Three large shelters/shade structures with varying quantities of
tables will be located in the park. One shelter will be named Vista Point, another Hawk's Perch
and the third Meadow place.
. Picnic Facilities Individual-use (28) - Twenty-eight individual picnic tables located throughout
the park.
The proposed park plan is compliant with the Americans with Disability Act (ADA).
Interpretative Columns
The park plan includes the creation of several Interpretative Columns detailing themes consistent
with the natural ecology of the site and the Mountain Hawk Story. These concrete columns will be
covered with ceramic tiles that contain this educational information. It is anticipated these ceramic
tiles will be made by local elementary school children, using information developed and provided by
the park designers, during recreational programs with facilitation ITom the EastLake Company.
Greenbelt Trail
The site accommodates the City-wide Greenbelt Trail loop and joins the park site at the north and
south boundaries. The trail will be incorporated into the park and connect to the various trails within
the park.
Trail Connection to the Otav Reservoir
The proposed park plan envisions a pedestrian connection to existing trails surrounding the Otay
reservoir and connects to the park site with a pedestrian bridge across Wueste Road. The bridge
would connect with land owned by the City of San Diego and approval ofthis concept is currently
being processed in anticipation of being included in a future second-phase of the park's
development. The bridge is also dependant upon Staff identifying additional funding for the
construction, estimated at $250,000.00. It is anticipated funds may be realized from general cost
reductions in other parks currently in development.
Gradine: and Water Oualitv Concepts
The park site is proposed to be re-graded to create more interest and a better association with the
slope that surrounds the site and the adjacent water reservoir. The EastLake III EIR examined the
project's impact to the water reservoir in great detail and the majority of the surface run-off was
directed away from the Otay Water Reservoir and into the Salt Creek basin to minimize negative
impacts by the development to the water quality of the reservoir. A small amount of acreage,
primarily the slopes surrounding the reservoir, would continue to drain into the water reservoir.
),\General Sccvices\GS Administrat;nn\Councli Agend,\Mount,in H'wk Pa,kICouncIiAg,Stmt Mnun",in H,wk Pa,k 02-10-04_doc
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Page 4, Item: I )
Meeting Date: 02/10/04
However conditions were imposed on this area that included the use of potable water for irrigation in
lieu of reclaimed water, and restrictions on the use of pesticides and fertilizers. A portion ofthe park
site is proposed to continue to drain into the Otay Lakes Reservoir and this area will also conform to
the conditions to minimize the impacts to water quality of the reservoir.
The park grading concept does not increase the total acreage intended to drain into Otay reservoir
that is consistent with the proposal contemplated by the EastLake III EIR.
LÌ!!htinl!
The basketball court will have lighting to extend the hours of use. The Park Plan also includes street
tree plantings along Lake Crest Drive that will grow from 20' to 40' in height. It is anticipated that
these trees will buffer the court lighting seen from the surrounding homes.
Adequate foot-candles within the park will be maintained in all areas for public safety. All park
lighting will be turned off after 10 pm with the exception of the restroom building. Restroom
lighting remains on all night for safety reasons. Ambient light levels at the park boundary are to be
at or below 0.5-foot candles.
Environmental Review
The Environmental Review Coordinator has reviewed the proposed project for compliance with the
California Environmental Quality Act (CEQA) and has determined that the proposed project was
adequately covered in the adopted EastLake SPA plan. Thus, no further environmental review or
documentation is necessary.
Fire and Police
Fire staff and Police staff have reviewed the plan, and provided input to insure that issues regarding
public health and safety have been addressed.
Park Name
The park name recommended for this park is "Mountain Hawk Park" in keeping with the design
concept developed for the park.
FISCAL IMPACT
The Park cost of$3,800,000.00 is to be funded in conformance with the City's Parkland Acquisition
and Development Ordinance. The EastLake Company is providing the land and park development
dollars as part of their park ob1igation in relationship to the number of dwelling units for the
subdivision project.
Staff has performed a review of the preliminary estimates of probable cost for park construction, and
the initial establishment/maintenance period, prepared by the design consultant team. Minor changes
to the cost estimates are anticipated as the Park Master Plan evolves in the construction drawing
phase and as actual park construction commences. However, staffis ofthe opinion that the estimates
are an adequate representation of anticipated costs for the improvements proposed.
JIGen,,"1 ServiceslGS AdministmtlOnlCo"ncil AgendalMountain Hawk Park\CounClIAgaStmt MounUlin Hawk Park 02-10-04-doc
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Page 5, Item:
Meeting Date: 02/10/04
After the initial turf establishment period, future park maintenance costs for the public park will be
paid through the City's General Fund.
Attaclunents: A. Final Draft Park Master Plan, (including construction cost estimate.)
B- Mountain Hawk Story
C. Minutes of the January 22,2004 Parks and Recreation Meeting
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/;;2-/'6'
'<------- '-----' ------.-.
MOUNT AJN HAWK
"1 1'1
/<7"-!
... . -- -----------
-------
MOUNTAIN HAWK
The winter sun reached the small
crevice high on the can~on's north wall at
mid-morning. The bright ra~s warmed the
secure nest in the volcanic rock, and
Mountain Hawk began to stir. He listened caretull~ tor an~
sound out ot place, stepped to the ledge, and rose gracetull~ into
the cloudless sk~.
With the sun low on his left, Mountain Hawk Flew west
toward his Favorite huntíngground. He tollowed the can~on ot
the wolves to the oak groves on the edge ot the tresh water marsh.
He dove trom the east into the shade below the majestic trees,
where his shadow would not warn his pre~. On his tourth dive a
marsh mouse looked up, alerted b~ the rush ot air over Mountain
Hawk's wings, onl~ to become the hunter's meal.
As Mountain Hawk rose sk~ward, he again turned west,
tI~ing over the lake ot the newcomers, to the grass tield ot his
triend, Rabbit. Rabbit lived in the reeds at the edge ot the lake
below a grass~ knoll.
Mountain Hawk remembered ...
j d -;;)0
..
;
If
,
. The Mountain tiawk 5tor~)
,
.
. ... another winter da.1:J. A cloud.1:J, wind.1:J da.1:J. Mountain
.
. Hawk hadjust learned to ÇI.1:J. On that da.1:J' he had ventured Çar
, çrom his mother's nest, and Çlown to this ver.1:J Çield. T r.1:Jing to
.
. remember all he'd been taught, he was slowl.1:J circling, looking Çor
. an.1:J movement in the grass below. A shah oç sunlight had pierced
. the clouds, and Mountain Hawk was startled b.1:J a çast moving
.
. shadow across his çace. nstinctivel.1:J he shied awa.1:J çrom the
- shadow - and Lagle's talons narrowl.1:J missed the back oç his
,
. neck. 5ut the leading edge oç Lagle's rigid wing struck him hard
. in the head, and he tumbled, out oç control, to the ground.
. Something was nudging him, pushing him awkwardl.1:J but
.
. determinedl.1:J' Großß.1:J' Mountain Hawk Çelt himselÇ rolling,
. tumbling over and over until he sensed the darkness and 9uiet
I
I beneath a low bush.
I A 9uíet voice said, "Just rest until he
, goes awa.1:J' You're saÇe here."
I
I When he awoke, Mountain Hawk was
I startled - where was he? Then he remembered
I
I Lagle, and being pushed under the bush. 5ut
i who?
"Are !:)ou Çeeling better?)) said a strangel!:)
Çamiliar voice.
/-:J-di
f c.
--- ~-_. --- - - -----_._..-.-
,
.
þ
þ
þ . fhe Mountaín tiawk 5tory
Þ
Þ
Þ Mountain Hawk whirled around. A
~
. .tj°ung rabbit satJust out o~ reach, under the
; bush, watching him careFull.tj. "Did .r:¡ou push
þ
þ me under this bush?" Mountain Hawk asked.
, "Yes, I did," said Rabbit. "Lagle will
I Find no more to eat in m.tj Field toda.tj."
I
I There was a long pause while the two looked at each other
intentl~.
Fínall.tj, Mountain Hawk said, "Thank ~ou," and Flew awa.tj.
5ut that had not been the beginning o~ their Friendship.
After Rabbit had saved his liFe, Mountain Hawk had returned
oFten to the grass.tj knoll on the other side of the lake. He had
seen Rabbít several times, careFull.tj making her wa.tj across the Field,
stopping to eat the soFt grass, or scampering down the hill to her
home at the edge of the lake. 5ut he had never spoken to her
again, because he wasn't sure a hawk and a rabbit could be ~ríends.
Normall.r:¡, a hawk could not have Found Rabbit in the Field, For
she was ver~ care~ul. 5ut Mountain Hawk knew exactl~ where to
look. After checking Rabbit's Favorite places, he Found her grazing
the soft grass in the shadows of a tall eucal~ptus at the edge of the
Field. He approached From the north, landing noiselessl~ a Few Feet
awa.tj. He hopped 9uíetl.tj toward Rabbit until he could almost
touch her.
/ ;f, d cO;)..
, c
.
.
I
t The Mountaín tiawk 5tm,lj
Þ
I
I "Hello Mountain Hawk," said Rabbít.
I "I can't ever surprise 'you," replied Mountaín Hawk.
I
"You did once. And I'm grate~ul ever'y da'y that 'you did,"
Rabbít said.
And this time, Rabbít remembered ...
... a bright sunn'y spring da'y' She had been enjo'ying a míd-
morning meal o~ soft grass and spring flowers. Mountaín Hawk
was slowl'y circling overhead. Co'yote was crouched behind
Rabbít, hidden b'y a large rock, motionless. Co'yote began slowl'y
crawling around the rock. Soon, he would be close enough to
pounce. That's when Mountaín Hawk dove.
just as Co'yote was rising on hís
powerful hind legs to leap, Mountaín Hawk
cried out and dragged hís sharp claws across
Co'yote's ear. Co'yote jumped sídewa'ys and
'yelped Ioudl'y' Rabbít was ~rozen ~or a
moment. Then she ran quíckl'y to the edge of
the field, down the steep slope to the
lakefront, and quíckl'y disappeared into her
protected traíls. Co'yote had slunk off,
watching the sk'y carefull'y'
/ d~ ;)3
- .------. ,,-,,--,-'--"--'-
,
,
þ
þ
. The Mountain tÎawk Stor,LJ
Þ
Þ
Þ The next time Mountain Hawk had visited the grass.':) knoll,
Þ he found Rabbit easíl.':). She came into plain view in a bare patch
Þ
Þ in the middle oç the Çíeld. She was looking up at him expectantl.':),
Þ Mountain Hawk landed light!.':) a Çew Feet
.
t awa.':). "Thank .':)ou," said Rabbit, "For saving m.':)
t liÇe." "Now we're even," said Mountain Hawk.
þ "And now we can be Çriends," said Rabbit.
,
. And the.':) had been ever since.
~
------------------- ----------------
I
I Mountain Hawk and Rabbit were both ver.':) curious animals.
! The.':) wanted to know all about the places the.':) lived, and the
I animals the.':) shared them with. Mountain Hawk ranged Çar and
I
wide. Rabbit explored herÇield and the lake edge careÇull.':), and
I remembered ever.':)thing. And the.':) both loved stories.
Mountain Hawk would tell Rabbit his Çamil.':)'s stories. He
would talk about how the Çirst people in this valle.':) had sta.':)ed
onl.':) in the winter, and Çollowed the river to the west in the summer,
to live at the place of the dunes. The First people had Fished and
hunted, gathered wild berries, nuts and plants to eat, and lived in
simple shelters made of trees, leaves, and mud.
Mountain Hawk told his ancestor's stories about how these
people would people would build piles oç stones in lonel.':) places,
and then cover them with curious collections oç Feathers, beads,
shells From the dunes, clothing, and Food.
/:;2 .. ,;;Lf
._...m.._"_.- '-""'-----
,
þ
þ
þ
Þ -¡he Mountain tiawk 5tor~)
.
Þ
Þ Mountain Hawk's ancestors also told stories about how the
~ newcomers had brought changes. These people had been
þ
. wrapped in strange brown robes, and walked along the river valle~
þ to the dunes.
j These newcomers had built large homes of sun-dried mud.
~
~ The~ rode on tall four-Ieggeds. Fat, slow moving cattle roamed
I the hills. The~ grew strange plants and trees in long straight
~
~ rows. The first people worked for them. Mountain Hawk's famil~
I stories told how the first people and the newcomers had taken
I
I good care of the land, changing little for the plants and animals of
this place.
5ut Mountain Hawk's grandfather told stories about when
he was ~oung, and ver~ large numbers of newcomers had come.
The~ preferred to live at the dunes to the south, on the edge of
the lake without a shore. The animals of the
dunes were forced to move ínland. It seemed that
the newcomers followed. Their paths were wide
and flat, and it was dangerous to cross them, or
be near them. Even the ferocíous grizzl.r:¡ was not
safe. The newcomers put fences around fields,
and filled them with herds of fat, slow moving
cattle. Once a ~ear the cattle were taken awa~, leaving their smell
behind.
I:;:; ;;5
------- --_.---
,
þ
Þ
I
~ The: Mountain t-iawk Storrj
I
I
I More and more fields became full of
plants in straight rows, some of them beautiful
flowers. These too disappeared once a .t::Jear,
Just as the wildflowers came in the spring and
sta.t::Jed until summer. The newcomers also made special homes for
field birds, released them, and then hunted them.
And then the newcomers had built their dam. Not like the
dams of the beavers, which when full let the stream continue on,
this dam stopped all the water until it created a large lake,
flooding fields and drowning trees. The animals of the river valle.t::J
fled to higher ground. The newcomers had also dug long-straight
streams that carried the water to the huge villages to the west.
Rabbit told her famil.t::J's stories, about how the fields had
been full of chaparral shrubs, brittle grasses, willows and c.t::Jpress,
oak and eucal.t::Jptus. Rabbit's grandfather also remembered when
the newcomers' dam had been bulit, how it had changed
everything in the valley. Her grandfather told strange
stories about how the newcomers had dug into the earth in the
streambed and carried awa.t::J the sand and stones. ßut Rabbit's
grandfather also told stories of Families of newcomers who had
lived peacefull.t::J near this place for as long as any living rabbit
could remember, and that these people were kind to the land, and
to the animals of the place.
/c?-<;J.tp
The Mountain tiawk 5tor~
"And now the tall, s9uare homes of the newcomers have
reached the edge of m~ Field," said Rabbit with a curious look over
her shoulder toward the setting sun. "Their children laugh and
pla~ in m~ Field."
Mountain Hawk and Rabbit would spend hours telling and
re-telling their Famil,y stories, until the stories became intertwined,
and belonged to them both. The~ loved to climb the hill From the
edge of the lake late in the da~, and watch 9uíetl~ as the sun's last
ra~s lit the tops of the rugged mountains to the east.
"This place has seen man~ animals, and peoples, and much
change," said Rabbit soFtI~.
"And it will see more ... much more," added
Mountain Hawk.
"I wonder what stories our chíldren, and
their children will tell in the Future?" said Rabbit.
"I don't know," said Mountain Hawk, "but 1
hope this place is here to tell them"
." n. t? '7
;" C" .
--......-.-.-. ,,-"'.'.'.--'.
City of Chula Vista
Parks and Recreation Commission
Minutes
Thursday - 6:30 p.m. January 22, 2004
PSB Conference Rooms 2 & 3 276 Fourth Ave
Meeting called to order by Chair Larry Perondi at 6:30p.m.
Staff Present:
Guests:
1.
Commissioner
Commissioner
2. Action Items
a. Approval of Minutes of November 20,2003 - MSC (Rios/Salcido Vote 7-0-0-0) to
approve the meeting minutes with the following correction:
Page, 3 Item 7a - reflect that Mr. Byers answered no ongoing negotiations.
b. Approval of the Conceptual Plan for the Mounting and Location of the First Chula
Vista Schoolhouse Bell -
Ms. Paula Brown (Assistant Library Director) briefly talked about the conceptual
plan of mounting and placement of the 1,1 schoolhouse bell in Chula Vista.
Ms- Bensoussan, of the Heritage Museum talked about the "F" Street Schoolhouse
Bell" Timeline. Points covered include:
/ ;; . <") 'i:
-- ---.------ --------------
Parks and Recreation Commission
January 22, 2004 Page 2
ot original
tha es, it was the goal ot the Society to raise tunds
ad corporate sponsorship. The total cost is
the cost to the City for this project.
Mr. Jack Grittin ire or ot General Services) responded that the cost would
include, statt time; Inspection; issuance of permits, review of plans, etc. In
addition stated that it is ditticult to quantity the cost.
Mr. John Rilling stated that he is in tull support of the Bell concept in Chula Vista,
and ottered his support to the City with regards to funding, construction, etc.
MSC (Ramos/Salcido Vote: 7-0-0-0) to approve the concept Plan of the Bell
Tower and proposed location in Memorial Park subject to flexibility for movement
of Bell in the park as required by the City.
c. Approval of Skate Element in Heritage Park
Ms. Krista Reinhart (Landscape Planer I) presented the skate park concept
element proposed for Heritage Park.
Ms. Reinhart stated that the Recreation Department received numerous requests
to implement a skateboard park element/facility into Heritage Park. Ms. Reinhart
also stated that statt is also working to provide lacilities in several locations
throughout the City. This proposed concept provides an area for skateboarders
and skaters to practice. Furthermore, Ms. Reinhart intormed the Commission that
it is hoped that by having this area for skating, that statt will see a significant
decline in skateboard-related damage to park furniture. Ms. Reinhart informed
the commission that the proposed location tor the skate facility is in the western
portion of Heritage Park next to the two basketball courts.
Chair Perondi asked if this would be a lig"ted element? /d-;;J1
Parks and Recreation Commission
January 22, 2004 Page 3
Mr. Krizan (Landscape Architect) responded that because of budget constraints,
specific lighting for this element would not be possible, and spillage lighting from
the basketball courts would be used.
Commissioner Weidner stated that she is
coming from the park and basketball courts.
Commissioner Salcido asked if toliage would a
Mr. Krizan (Landscape Architect) respon ed
noise level, and would only serve as a vi al
Mr. Jack Griffin (Director of General Services) responded that a skate element
program exists for the Oxford Street Park, and in addition, the Eucalyptus Park
Master Plan will have a skate element. Also, Otay Park could be looked at for a
skate element. Funding for these elements are funded through the Financing
Program for Western Chula Vista improvements.
MSC (Strahl/Salcido Vote 7-0-0-0) approve the skate element concept tor
Heritage Park, but does not approve a specific location at this time, and request
that staff return next month with different placement locations/options (with costs)
tor this element.
d. Approval ot a concept ot a landmark Park in the City of Chula Vista -
Mr- Bazzel (Principal Planner) briefly talked about the Landmark Park concept
and touched on the presentation provided to the Commission in October 2003.
Mr- Bazzel stated that the General Plan Update Steering Commission IGPUSCj is
focused on land use alternatives in western and eastern Chula Vista.
Ms- Patricia Aguilar requested that the Commission:
Support of the concept of 0 Landmark Park in Chula Vista,
Communicate via writing to GPUSC and identify potential sites of a Landmark
Park
;:J - 30
,
._------ -----". -
Parks and Recreation Commission
January 22, 2004 Page 4
Commissioner Salcido stated that the size of a park needs to be addressed
before a location could be identified.
Mr. Bauel responded that staff is currently addressing at issue, and that the
GPUSC is identifying acreage range, and not specific re e.
Discussion on potential sites and acreage.
Commissioner Strahl recommended that the
conjunction with drafting General Plan polic' s.
MSC (Weidner/Ramos Vote: 7-0-0-0) to ppr
In Chula Vista.
e. Approval 01 Mountainhawk Park
the Mountainhawk
Park concept in ved e cre tion of a children's story titled "Mountain
Hawk" t is a e arab.t that befriends a native hawk who in-turn save
the life f the rabbit.
The ory's tra late int the design them of the park that encourages
disc vering, xplo ing. earning and playing.
The pa has t ou tain Hawk story painted onto ceramic tiles and set into
interpretiv columns roughout the park.
The propose a er Plan is a 12-acre site
Basketball Cour lighted)
Series of pathways looping the entire park that accommodates pedestrian
and emergency vehicles
Story Place (Amphitheater area) set into the slope and overlook to the lake
Mountain spring - a pop-up interactive water feature
Multi-purpose fields - 150 x 300 feet (FIFA) for soccer. etc.
Trail connection to the Otay Reservoir - pedestrian connection to trails
surrounding the otay Reservoir.
Commissioner Salcido inquired about grading and size of fields.
Mr. Krizan responded that the grading is I y,% (doesn't cause ponding) and size of fields
measure 300' x 150'.
Chair Perondi stated that he likes the shade structures near the tot lot.
MSC (Salcldo/Weinder Vote 7-0-0-0) approve the Draft Park Master Plan for the 12-acre
public neighborhood park site in the EastLake Vista subdivision.
MSC (Perondl/Ramos Vote 7-0-0-0) approve Mountainhawk Park as the name for the 12-
acre public neighborhood park site
/;)-3/
--.--.-. ----
Parks and Recreation Commission
January 22, 2004 Page 5
3- Information Items
a. Lower Sweetwater Valley - tournament soccer/KOA proposal-
4. Unfinished Business -
a.
5. New Business - None
6.
7.
a.
b.
c
Staft responded that it was not.
8. Staff Comments -
a. Mr. Martin (Director of Recreation) discussed the monthly Recreation report with
the Commission. In addition, recognized Mr. Ted Nelson, Recreation Supervisor III
as the Employee of Year for Recreation Department, and Employee of the Month
tor the City.
b. Public Works Operations - No report.
c. General Services - Mr. Griftin (Director of General Services) informed the
Commission that the Engineering Department was merged with Public Works and
General Services Departments-
9. Public Comments -
10. Other - None
Meeting adjourned at 8:45 p.m. to February 19, 2004 at the Public Works Center Lunch Room.
Submitted by: Margarita Cellano, Recording Secretary / ;¡;) - :3 ,;;J-
._-----
RESOLUTION NO. 2004- -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FINAL DRAFT PARK
MASTER PLAN FOR THE 12-ACRE PUBLIC
NEIGHBORHOOD PARK SITE IN EASTLAKE VISTAS
SUBDIVISION
WHEREAS, the Eastlake Company is proposing a public neighborhood park on
approximately 12-acres located north of Olympic Parkway, east of the Salt Creek Corridor, and
west of the Otay Lakes reservoir; and
WHEREAS, the Parks and Recreation Departmen1 conducted a recreational needs
analysis as a basis for the City of Chula Vista Parks & Recreation Master Plan (PRMP). The resulting
recreational needs were al1ocated amount future park sites anticipated to be built-out at year 2020, and an
initial program for this 12-acre park was created; and
WHEREAS, the selected Park Concept involved the creation of a children's story
titled "Mountain Hawk" that told the tale of a rabbit that befriends a native hawk who in-turn
saves the life of the rabbit; and
WHEREAS, the site accommodates the City-wide Greenbelt Trailloop and joins
the park site at the north and south boundaries. The trail will be incorporated into the park and
connect to the various trails within the park; and
WHEREAS, the Master Plan wil1 maximize recreational use opportunities, create
a unique park identity and bring surrounding nature into the park; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed
project for compliance with the California Environmental Quality Act (CEQA) and has
determined that the proposed project was adequately covered in the adopted Eastlake SPA plan.
Thus, no further environmental review or documentation is necessary; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the Final Dratì Master Plan for the 12-acre public neighborhood park site
in Eastlake Vistas subdivision and the recommendation of the Parks and Recreation Commission
for the name of the park "Mountain Hawk Park"; and
Presented by Approved as to fonn by
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Buck Martin Ann Moo ,JI'
Director of Recreation City Attorney
JAUomcyIResolpa,kIP"k maste, pi", Mmm,"io Hawk Pad,
I,;; ~ 33
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CITY OF CHULA VISTA
MAYOR/COUNCIL
Me1110
To: Lorraine Bennett, Deputy City Clerk
From; Anne L. Harrison, Constituent Services Manager
Date: 1/30/2004
Re: Appointment to the Design Review Commission
Mayor Stephen Padilla would like to appoint Cynthia Drake to the Design Review Commission.
This is to fill the vacancy of Peter Morlan, whose term expires June 30, 2005. Please place this on
the City, COImcil agenda of February 10, 2004 for ratification. If you have any questions, please
contact me at xS812. Thank you for your assistance.
Ctw'U- (, H~~
Anne L. Harrison
Constituent Setvices Manager
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