HomeMy WebLinkAboutAgenda Packet 1998/03/31
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RáMIÍlfM~mrm'1ñe'City of Chula Vista City Council
CALL TO ORDER
1. ROLL CALL: Councilmembers Moot -' Padilla -' Rindone -' Salas -' and
Mayor Horton -'
2. PLEDGE OF ALLEGIANCE TO THE FLAG. MOMENT OF SILENCE
3. APPROVAL OF MINUTES: March 10, 1998,
4, SPECIAL ORDERS OF THE DAY:
a. Oath of Ot1ïce: Thomas J. Erhardt, Cultural Arts Commission,
b. SR 125 Project up-date by Charles "Muggs" Stoll, Division Chief for
Privatization, Caltrans District 11.
CONSENT CALENDAR
(Items 5 through 10)
The staff recommendations regarding the following items Listed under the Consent Calendar will be enacted by
the Council by one motion without discussion unless a Councilmember, a member of the public, or City staff
requests that the item be pulled for discussion, If you wish to speak on one of these items, please fill out a
"Request to Speak Forni" 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 Board and Commission Recommendations and Action Items,
Items pulled by the public will be the first items of business.
5. WRITTEN COMMUNICATIONS:
a. Letter from the City Attorney stating that Council did not meet in Closed Session on 3/17/98.
It is recommended that the letter be received and filed,
b. Letter with thirty signatures from Cindi Rinno in favor of building the Christian Community
Center.
c, Letter from Ramon Provencio, Jr. requesting $10,000 to purchase equipment for the
Eastlake Little League.
d. Letter from Sherri Kukla, Editor/Publisher of San Diego Off Road Magazine, requesting the
designation of some open space areas on the outskirts of Chula Vista as an off highway
vehicle recreation area. It is recommended that this letter be referred to the Joint Staff and
Citizen Advisory Committee for the Otay Valley Regional Park for their consideration and
recommendation.
Agenda -2- March 31, 1998
e, Letter of resignation from the Child Care Commission - James R. Robinson. It is
recommended that the resignation be accepted with regret and the City Clerk be directed to post
immediately according to the Maddy Act in the Clerk's Office and the Public Library.
6, RESOLUTION 18934 APPROVING A DETENTION BASIN AND SILTATION AGREEMENT
WITH MCMILLIN-D.A. AMERICA OT A Y RANCH LLC TO PROVIDE
FOR THE MAINTENANCE AND OPERATION OF A DETENTION
BASIN AND REMOVAL OF SILT FROM THE TELEGRAPH CANYON
CHANNEL AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT - On 6/3/97 by Resolution No, 18686, the City approved
Tentative Map No. 97-02 for the Otay Ranch McMillin project. The Tentative
Map conditions require compliance, prior to issuance of a grading permit, with
certain requirements regarding existing and proposed drainage improvements
serving the project. The developer is currently processing mass grading plans
with the City and issuance of the grading permit is anticipated shortly. The
su~ject agreement delineates the developer responsibilities regarding the
proposed improvements and establishes the security requirements to ensure their
performance. Staff recommends that council approve the resolution. (Director
of Public Works)
7. RESOLUTION 18935 APPROVING TRANSFER OF UNANTICIPATED ASSET SEIZURE
FUNDS TO THE GENERAL FUND AND APPROPRIATING SAID FUNDS
FOR PAYMENT OF FEES AND OUTFITTING COSTS ASSOCIATED
WITH THE PURCHASE OF A REPLACEMENT ASSET SEIZURE
VEHICLE - The Police Department proposed to use the sale proceeds in the
asset seizure account ($3,015) to purchase a vehicle from the United States
Marshal's Office. Forfeiture of the vehicle was a result of ajoint investigation
conducted by the City and the Drug Enforcement Administration (DEA),
Pursuant to equitable sharing guidelines, the Police Department has the option
of purchasing the vehicle by paying the U.S. Marshal's Office for their federal
share and associated storage fees. The total payment due to the Marshal's
Office is an estimated $2,429, This amount includes $323 for storage and asset
management fees. The remaining funds ($586) will be used to outfit the vehicle
for undercover use. Because the vehicle will be used in police undercover
operations, the make and model, or other details about the vehicle, are not
disclosed. Staff recommends approval of the resolution. (Chief of Police)
4/5th's vote required.
8. RESOLUTION 18936 TRANSFERRING FUNDS, (FROM PR-162 TO PR-163) ACCEPTING
BIDS AND AWARDING CONTRACT FOR THE "PARKWAY
COMMUNITY CENTER REMODEL", PHASE II PROJECT - On 2/25/98,
sealed bids were received for the "Parkway Community Center Remodel" Phase
II Project. The work to be done consists of the installation of heating/air
conditioning and ventilation, modifications to restroom and other rooms to
conform with the Americans With Disabilities Act (ADA) requirements, and the
construction of all other miscellaneous items of work as shown on the plans.
Funds in the amount of $21,000 to be transferred from Parkway Community
Center Remodel Phase] to the proposed Phase II pr~ject, and contract to be
awarded to Lesicka and Joy Construction, San Diego, in the amount of
Agenda -3- March 31, 1998
$105,776.00. Staff recommends approval of the resolution, (Director of Public
Works)
9. RESOLUTION 18937 APPROVING AN EXTENSION OF THE GAS & ELECTRIC
FRANCHISES WITH SAN DIEGO GAS & ELECTRIC FOR A 90 DAY
INTERIM PERIOD STARTING ON MARCH 31, 1998, PENDING
FURTHER CITY REVIEW AND CONSIDERATION OF A 5 YEAR
RENEW AL THROUGH MARCH 31, 2003 - The City's current franchise
with SDG&E are set to expire on 3/31/98. Staff has been negotiating for a five
year extension to these franchises, which will grant the City sufficient time to
evaluate the effects of industry restructuring on local utilities prior to entering
into another, longer term franchise. It is anticipated that negotiations will be
completed in the near future. However, to accommodate the public hearing
requirements, first and second reading of the ordinance and 30 day period until
its effectiveness, it is recommended that the existing franchises be extended for
an interim 90 day period. Staff recommends approval of the resolution.
(Assistant City Manager)
10. RESOLUTION 18938 APPROVING THE FIRST AMENDMENT TO THE AGREEMENT
BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF CHULA
VIST A REGARDING JURISDICTION OVER AND OPERATION OF
OT A Y LANDFILL - As part of an agreement between the County of San
Diego and the City of Chula Vista regarding jurisdiction over and operation of
the Otay Landfill, a landfill buffer area was created in which the City agreed to
remove residential land use designations by May 15, 1998. City staff has
requested a 180-day extension of the deadline in order to allow completion of
certain other proposed amendments which will address within this buffer.
County staff supports the extension but requests that the Landfill agreement be
modified to reflect the new date. Staff recommends approval of the resolution.
(Director of Planning)
* * END OF CONSENT CALENDAR * * *
ADJOURNMENT TO REGULAR AND/OR JOINT MEETING OF THE REDEVELOPMENT AGENCY
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council on any subject matter within the
Council's jurisdiction that is not an item on this agenda for public discussion. (State law, however, generally
prohibits the City Council from taking action on any issues not included on the posted agenda,) If you wish to
address the Council on such a subject, please complete the "Request to Speak Under Oral Communications
Foro¡" available in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak,
please give your name and address for record purposes and follow up action,
Agenda -4- March 31, 1998
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as public hearings as required by law, If you wish to
speak to any item, please fill out the "Request to Speak Foml" available in the lobby and submit it to the City
Clerk prior to the meeting.
11. PUBLIC HEARING OT A Y RANCH RESOURCE MANAGEMENT PLAN CONVEYANCE
SCHEDULE AMENDMENT - Staff recommends continuing this item.
(Director of Planning)
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider items which have been forwarded to them for consideration by one
of the City's Boards, Commissions, and/or Committees.
None submitted.
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by
the Council, staff, or members of the general public, The items will be considered individually by the Council
and staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please
fill out a "Request to Speak" foml available in the lobby and submit it to the City Clerk prior to the meeting.
12. RESOLUTION 18939 APPROVING AN AGREEMENT WITH KIMLEY-HORN AND
ASSOCIATES INc., FOR PROFESSIONAL ENGINEERING SERVICES
FOR A FEASIBILITY AND FINANCING STUDY OF OLYMPIC
PARKW A Y AND APPROPRIATING FUNDS FROM THE TRANSDIF TO
PROJECT STM-331) - This report discusses the selection process for retaining
a consultant with expertise in developing a feasibility and financing study to
construct Olympic Parkway from Oleander Avenue to one mile east of SR-125
and identifying project constraints and opportunities in terms of funding, traftïc
needs, timing, phasing, environmental requirements and a comprehensive project
schedule. Staff recommends approval of the resolution. (Director of Public
Works) 4/5th's vote required.
l3.a. RESOLUTION 18940 APPROVING CONTRACTS WITH BI-TECH SOFTWARE INc. AND
DATA GENERAL CORPORA TION FOR INST ALL A TION AND
IMPLEMENT A nON OF AN INTEGRA TED FINANCIAL
INFORMA TION SYSTEM RELATED TO CAPITAL IMPROVEMENT
PROJECT (CIP) NO. GG 152-MAINFRAME/FISCAL SYSTEM, WAIVING
THE COMPETITIVE BIDDING PROCESS WITH RESPECT TO THE
DATA GENERAL CONTRACT AND AUTHORIZING THE MAYOR TO
EXECUTE THE CONTRACTS.
b. RESOLUTION 18941 APPROVING A LEASE-PURCHASE PLAN TO FINANCE THE COST OF
PROJECT GG 152-MAINFRAME/FISCAL SYSTEM THROUGH THE
Agenda -5- March 31, 1998
CALEASE PUBLIC FINANCING CORPORA TION (CALEASE),
AUTHORIZING THE DIRECTOR OF FINANCE TO EXECUTE THE
AGREEMENT, AND APPROVING PROJECT APPROPRIA TIONS
BASED ON THE PROCEEDS FROM THE LEASE-PURCHASE
FINANCING PLAN - Capital Project Number GG 152, titled
"Mainframe/Fiscal System," was approved in fiscal year 1995-96, This project
entails replacing the aging mainframe computer system with a mini-computer
based architecture and replacing all mainframe application systems, which are
primarily fiscal systems, in order to enhance accountability and facilitate more
timely and accurate reporting of financial data. Staff recommends approval of
the resolutions. (Director of Finance) 4/Sth's vote required.
14. RESOLUTION 18942 AUTHORIZING THE DIRECTOR OF FINANCE TO EXECUTE A
RE FUND IN G LEASE-PURCHASE PLAN TO REFINANCE THE
EXISTING LEASE-PURCHASE AGREEMENT THAT PROVIDED
FUND IN G FOR THE PURCHASE OF (1) A PUBLIC SAFETY
COMPUTER AIDED DISPATCH AND MOBILE DATA TERMINAL
SYSTEM, (2) AN 800 MHz COMMUNICATION SYSTEM, AND (3)
MISCELLANEOUS HEATING AND AIR CONDITIONING EQUIPMENT,
APPROVING AN INCREASE IN THE AMOUNT OF THE REFUNDING
LEASE-PURCHASE AGREEMENT TO FINANCE ADDITIONAL COSTS
IN TWO OF THESE PROJECTS, AND APPROVING AMENDMENTS TO
THE CAPITAL PROJECT AND DEBT SERVICE BUDGETS TO
REFLECT THESE ACTIONS - Approval is requested for a refunding lease-
purchase financing agreement with CaLease Public Funding Corporation
(CaLease) for the purpose of reducing interest costs by re-tinancing the existing
lease-purchase agreement approved in May, 1997, for the funding of a public
safety computer aided dispatch (CAD) and mobile data terminal (MDT) syskm
from Unisys Corp., an 800 MHz communication system from Motorola. lnc"
and miscellaneous heating and air conditioning equipment, to increase the
borrowing to fund additional requirements in the first two projects totaling
$305,600, and to amend the Capital Improvement Project (CIP) and Debt
Service budgets to reflect these actions. Staff recommends approval of the
resolution. (Director of Finance)
15, RESOLUTION 18943 WAIVING THE CONSULTANT SELECTION POLICY AND
APPROVING AGREEMENT FORM WITH A PROFESSIONAL
ENGINEERING CONSULTANT FOR LAND DEVELOPMENT PLANS
REVIEW, AUTHORIZING THE MAYOR TO EXECUTE THE
CONTRACT, AND APPROPRIATE FUNDS - The eastern territories of the
City are currently experiencing aggressive land development activities, The
extensive planning efforts for Otay Ranch and other projects are culminating
now with final engineering plans, engineering studies, financing districts and
many improvement security agreements. Staff is mandated by the Subdivision
Map Act strict time limits on review and processing of improvement plans.
Temporary "extension of staff" by outside consultants is recommended as an
interim solution to accommodate and react to the surge of Land Development
activities and to comply with the Subdivision Map Act. Because of the time
necessary to select a consultant through the formal consultant selection process
and the immediate need for additional staff to review maps and plans, it is
Agenda -6- March 31, 1998
impractical to follow the Consultant selection procedure. Staff recommends
approval of the resolution. (Director of Public Works) 4/Sth's vote required.
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City Council will discuss items which have been removed from the Consent Calendar.
Agenda items pulled at the request of the public will be considered prior to those pulled by Councilmembers.
OTHER BUSINESS
16, CITY MANAGER'S REPORT(S)
a. Scheduling of meetings,
17. MA YOR'S REPORT(S)
a. Ratification of appointment to the Otay Valley Road Project Area Committee: Ed Wesche (to fill
vacancy created by Commissioner Doria, whose term expires June 30, 2000),
18, COUNCIL COMMENTS
ADJOURNMENT
The meeting will adjourn to (a closed session and thence to) the regular City Council meeting on April 7, 1998 at
4:00 p,m, in the City Council Chambers,
"I dec!are ~nder penalty of' perjury that I-am..
emp o~'c:! b:! 'La ~,;ity of ChIJh3 Vista in the
O'ffi.ce ot ì.,;!';¡ ,J ::;r:(: ;'.n,:! t:'ja~ I posted
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the Public Ser ices Bu~L.2Îi1J and at City Ha I on
Tuesday, March 31, 1998 DATED~' J)..? t SIGNED u. ¿ " Council Chambers
6:00 p.m, Public Services Building
(immediately following the City Council Meeting)
City of Chula Vista City Council
CLOSED SESSION AGENDA
Effective April 1, 1994, there have been new amendments to the Brown Act. Unless the City Attorney, the City
Manager or the City Council states otherwise at this time, the Council will discuss and deliberate on the following
items of business which are pemtitted by Law to be the subject of a closed session discussion, and which the
Council is advised should be discussed in closed session to best protect the interests of the City. The Council is
required by law to return to open session, issue any reports of final action taken in closed session, and the votes
taken. However, due to the typicaL Length of time taken up by closed sessions, the videotaping will be tenninated
at this point in order to save costs so that the Council's return from closed session, reports of final action taken,
and adjournment will not be videotaped. Nevertheless, the report of final action taken will be recorded in the
minutes which will be available in the City Clerk's Office,
1. CONFERENCE WITH LEGAL COUNSEL REGARDING:
1. Existing litigation pursuant to Government Code Section 54956.9
. Wolfe v. City of Chula Vista
. Griffin v. City of Chula Vista
. USA v. City of San Diego
2. Anticipated litigation - initiation of litigation pursuant to Subdivision (c) of Government Code
Section 54956.9
. One case
PUBLIC EMPLOYEE APPOINTMENT - Pursuant to Government Code Section 54957
. City Manager
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section
54956.8
. Property: Approximately 24,95 acres of property located at
1800 Maxwell Road, Chula Vista.
Negotiating parties: City of Chula Vista (Sid Morris) and SDG&E
Under negotiations: Purchase price and terms.
Closed Session Agenda -2- March 31, 1998
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6
. Agency negotiator: John Goss or designee for CVEA, WCE, POA, IAFF, Executive
Management, Mid-Management, and Unrepresented.
Employee organization: Chula Vista Employees Association (CVEA) and Western Council of
Engineers (WCE), Police Officers Association (POA) and International Association of Fire
Fighters (IAFF).
Unrepresented employee: Executive Management, Mid-Management, and Unrepresented,
2. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
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.. SC~"E1) March 26,
~øt 1998
TO: The Honorable Mayor and city counCil~
FROM: John D. Goss, city Manager JiÄ ~
SUBJECT: city Council Meeting of March 31, 998./?
This will transmit the agenda and related materials for the regular
City Council meeting of Tuesday, March 31, 1998. Comments
regarding the written communications are as follows:
5a. This is a letter from the City Attorney stating that Council
did not meet in Closed Session on 3/17/98.
IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED.
5b. This lS a letter and petition with thirty signatures from
Cindi Rinno in favor of building a Christian Community Center
in the Lower Sweetwater Valley. Due to the need to resolve
access issues from Second Avenue to the Agency-owned property
in Lower Sweetwater, staff has been directed by Council to
reject the proposal and further analyze and resolve the access
issues before serious consideration be given to any
development proposal. Staff has notified Pastor Art Hodges of
South Bay Pentecostal accordingly, and is proceeding as
directed.
IT IS RECOMMENDED THAT THE LETTER BE RECEIVED AND FILED.
5c. This is a letter from Ramon Provencio, Jr. requesting $10,000
to purchase equipment for the EastLake Little League. IT IS
RECOMMENDED THAT THE LEAGUE'S REQUEST FOR $10,000 BE DENIED
AND THAT THE DEPARTMENT OF PARKS, RECREATION AND OPEN SPACE
ASSIST THE LEAGUE BY PROVIDING EQUIPMENT PRESENTLY NOT IN USE
FOR CITY PROGRAMS.' The Department has been in discussions
with the League President, Ramon Provencio, concerning the
needs of the League. It has been determined that the
department does not have all the equipment the League has
requested. Some of it has been committed for use by other
Little League groups who utilize the City parks. Use of City
facilities was offered to this group but the President and
Board of Directors declined to use these facilities based on
their concern that the fields offered did not meet Little
League standards (they were built for softball uses versus
baseball uses).
The city does have a limited amount of fencing and a set of
bleachers which are currently not in use by City staff or the
general public. This equipment can be used by the EastLake
Little League on a loan basis. If Council concurs to provide
this equipment, the Eastlake Little League would be required
to enter into a hold harmless agreement and an equipment use
agreement, as well as being responsible for damages incurred
to the equipment during their use. They would also be
responsible for full replacement of lost or stolen equipment.
Finally, if the city deems it necessary to require the return
of the loaned equipment, a thirty-day notice to return the
equipment will be issued.
5d. This is a letter from Sherri Kukla, Editor/Publisher of San
Diego Off Road Magazinel requesting the designation of some
open space areas on the outskirts of Chula vista as an off
highway vehicle recreation area. IT IS RECOMMENDED THAT THIS
LETTER BE REFERRED TO THE JOINT STAFF AND CITIZEN ADVISORY
COMMITTEE FOR THE OTAY VALLEY REGIONAL PARK FOR THEIR
CONSIDERATION AND RECOMMENDATION.
5e. IT IS RECOMMENDED THAT JAMES R. ROBINSON'S RESIGNATION FROM
THE CHILD CARE COMMISSION BE ACCEPTED WITH REGRET AND THAT THE
CITY CLERK BE DIRECTED TO POST IMMEDIATELY ACCORDING TO THE
MADDY ACT IN THE CLERK'S OFFICE AND THE PUBLIC LIBRARY.
JDG:mab
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ow OF
CHULA VISTA
OFFICE OF THE CITY ATTORNEY
Date: March 18, 1998
To: The Honorable Mayor and City Council (A. ¡I\ ,
From: Ann Y. Moore, Assistant City Attorney
Re: Report Regarding Actions Taken in Closed Session
for the Meeting of 3/17/98
The Assistant City Attorney hereby reports that the City Council
did not meet in Closed Session on March 17, 1998.
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276 FOURTH AVENUE. CHULA VISTA. CALIFORNIA 91910 . (619) 691-5037 . FAX (619) 585-5612
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February 25, 1998
To the City of Chula Vista
Mayor Shirley Horton
Councilmen:
Mr. John Moot
Mr. Steve Padilla
Mr. Jerry Rindone
Councilwoman:
Ms. Mary Salas
C/O City Hall
276 Fourth Avenue
Chula Vista, CA 91910
Dear Mayor and Council Representatives:
We are in favor of the Ch ristian Community Center proposal for the lower Sweetwater
Valley.
It is our understanding that this proposal was presented some time ago, and the decision has yet
to be made by the city. As residents of the South Bay area, we believe it is our decision as to
whether or not this center should be built here, because we are the community.
Many businesses, shops and restaurants are built in our community and we make the
decision whether or not to give our business to these places, whether or not we care for them.
With regards to the Christian Community Center proposal, we favor it's being built here for many
reasons. Our community is a wonderful blend of many different people from many different
states and countries, Certain restaurants cater to certain people because of the culture.
Businesses abound with diverse kinds of services to meet needs according to profession and
hobbies. However, even as Chula Vista is next to San Diego in size and growth, we do not
accomodate the many peoples in a joint effort for recreation. Our parks are small, and do not
meet the need for a multi-faceted recreational area. We have a campground, but only for
campers. We have a softball field, but unless you are able to secure this area well in advance,
you're out of luck playing, We have absolutely no walking trails left in the immediate area which
leaves us virtually no areas left to enjoy the wildlife or beautiful nature of our land.
The Christian Community Center has presented a proposal which beautifully and wonderfully
has taken the time and consideration to serve all of our community and us as individuals. To
take a few pieces of land which many of us drive past every day and consider to be Chula Vista's
wasteland, and turn it into a beautiful, well-planned center that not only meets the community's
needs, but also would be an attractive addition to our area, would bring Chula Vista and South
Bay pride of ownership.
This center would give all of us a better place in our community to frequent with all it has to
offer us. This includes a gym which we need desperately!!! Anyone who knows anything about
Chura Vista, knows we have literally hundreds and hundreds of youth who need gym facilities.
On any given day of the week, you can walk into the gym we now have (ParkWay Gym) and see
the walls lined with youth, young adults and adults waiting for the opportunity for their turn to play
on the courts. Personally speaking, many of us have waited for over three hours just to have our
name called. We wait because it is important to us to have a decent place to go, keep us in
shape, give us a place for our friends and us to spend valuable time, and keep us involved in the
healthier activities in life. We are from all different cultures, backgrounds, nationalities and
religions, if any. but we play together. Schools use the gym, churches, and all different leagues.
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It is just not big enough for all of us and many do not have the opportunity to use the present
gym enough because of the number of people there are.
The Christian Community Center proposal includes not only a gym, but also a baseball,
softball field, nature trail, and other areas of interest and need. This proposal does not cater to
just a few people of certain tastes or ethnic background or financial or professional status, but
will serve the entire community and give more to us then what we could give to it. It is an
excellant addition to our city and for this reason, we have signed this letter to you in support of it
being approved and built, and that right quickly!!!
Thank you for approving the Christian Community Center for the lower Sweetwater Valley!
We believe our community will not regret it!
Sincerely, t",,-cL' ~,_.'- J
-
, "
RECEIVED MAR I 2
EASTLAK~TJ~~EAGUE
.
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Y CLERK'S OFFICf:
Wednesday, February 25, 1998
City Council
City ot Chula Vista
276 4th Ave,
Chula Vista, CA 91910
Dear City Council,
I am the President ot: the Board of Directors of the newly formed EastLake Little League.
Our boundaries include all areas east of Otay Lakes Road and south of East H Street. Because of
a lack of resources, we were unable to obtain the use of a Chula Vista Community Park. The
EastLake Company has allowed us the use of two empty lots for our upcoming season,
commencing March 4. 1998. The Director of the Chula Vista Parks and Recreation Department
has assisted us in obtaiJ1ing some field equipment however, we st'lll requ1re a few additional
items. These items inchtde two backstops, two ~ets of'bleachers, benches for the players, fence
and field maintenance equipment. 1 estimate that thi~ equipment, which is normally provided by
the city for use by Youth Sports Organizations, will cost about $10,000. Because we are a new
}eague, we are unable to afford these items. This equipment would be used by a large part of our
community, our Little League consists of over 300 boys and girls, ages 4 to 15.
I am requesting that $10,000 be transferred to the Chula Vista Parks ar!d Recreation
Department for use in purchasing the above items for the EastLake Little League.
I ask that a decision be made on this request as soon as possible, our season begins on
April 4, 1998.
Sincerely
œ: e ;t:j ;1AC1' L YJ ~Pr;lr,9
Ci~ ,#h)
President of the Board
rCUl ï ~ -r (2j L EastLake Little League
cc:
The Honorable Mrs. Susa!'.. Horton
Mr. John Goss
Mr. Jess Valensuela
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March 17,1998 ~I
MAR I 9 1998
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Mayor Shirley Horton and ' ' cr;' 'r,r' Off iCES
I :..!' r Vi<':A .CA -_J
Members of the City Council l
City of Chula Vista
276 Fourth Avenue
Chula Vista CA 91910
Dear Mayor Horton:
In light ofthe fast-paced growth of our city and the many new opportunities that are being provided
for members of our community, I would like to make you aware of an entire subcultural that has the
potential to bring an estimated $3-4 million annually to this
community, without using any taxpayer money.
As the editor/publisher of San Diego Off Road Magazine and a 32-year
resident of Chula Vista I am writing you on behalf of the 50,000+
participants of a sport that has gone virtually unprovided for, not only in
this city, but practically throughout the county. We are off road
enthusiasts. We are dirt bike riders with no dirt to ride on, if you will.
On behalf of San Diego County's off roaders I urge you to designate
some of the remaining open space areas on the outskirts of Chula Vista Our own Chula Vista
(and/or in conjunction with the Otay River Valley Regional Park) as an Police Department has
off highway vehicle recreation area. An off road recreation area will not been a part of Off Road
cost our city any money because user-funds are available to finance the Pals activities in the
venture. Besides providing areas for off road enthusiasts, all types of Ocotillo Wells State
open-space recreation can be enjoyed including hiking, horseback riding Vehicular Recreation Area.
and mountain biking.
An off road park will generate income and jobs for our community, as
documented in the latter pages of this presentation,
Our State off-highway vehicle fund has millions of dollars to spend on a
State Vehicular Recreation Area in this county. Uyou could provide an
urban area for legal off roading you would accomplish something
that no one else in this county has been able to do for 25 years.
WRITTEN COMU~CA TaOHS
~ 6 ~I
6~ p.o. Box 4226. Chub Vista CA 91909-4226. (619) 595-3886. Fax (619) 421-7095 . Email: Sdoffroad@aol.com
Right now, to ride legally, offroad enthusiasts have to drive from one to three hours to the Cleveland
National Forest or to the deserts on the outskirts of San Diego County and into Imperial County. Many
off road motorcyclists enjoy riding after work and for a few hours on the weekend. This is not possible
with our current areas available.
I met my husband in 1973 while he was riding motorcycles in a canyon near my home in Chula Vista.
We married in 1974 and since then have adopted four "special needs" or hard-to-place children, who
had each spent five to six years in the foster care system. We have also provided a temporary home for
several other children as well as invited children into our home who are from adverse backgrounds,
With all of these children motorsports played an important part in providing family activities
both for recreation and education. One of our sons is an aspiring professional motorcycle racer and
he, like many other young San Diego County racers, needs a place to practice his riding to prepare him
for the race track.
Our family is just one of thousands throughout this county that combined have spent millions of
dollars investing in equipment to participate in this sport.
I urge you to consider the thousands of off road enthusiasts throughout this county and to act upon our
request.
Along with members of the board of the San Diego Off Road Coalition, I
would be happy to meet with you to provide additional information about
the prospects and benefits of a State Vehicular Recreation Area in our
community.
Thank you for your consideration. I eagerly await your response,
Sherri Kukla '¡lM
Home Phone (619) 482-7618
cc: Chief Rick Emerson
Chula Vista Police Department
Jim McGarvie, Chairman
San Diego Off Road Coalition
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CHULA ~- NOVEMBER 13 - NEOVMBER 2&,1997
VISTA BAG LE
aa...vllÞ~ NoveJRber'13 .. November 26,1997
Chula Vistan Sherri Kukla Honored For Off-Road Advocacy
Sherri Kukla of Chula Vista hard work and dedication to our munity image."
recently was named "Best Volun- statewide Green Sticker program," Kukla said she started her
teer of the Year" by the California said Don Amador, the state's OHV publication in 1982 in an attempt
Off-Highway Motor Vehicle Rec- commission chairman. "Through to attract more visitors to local car
reation Commission at ceremo- her quality magazine, her timely races. She said the track did not
nies in Auburn. Kukla is editor articles in local newspapers, and succeed, however, she received
and publisher of San Diego Off- her appearances at local events, enough positive comments that
Road Magazine. Sherri has been an inspiration to she decided to "make a go" in the
Competing with off-highway all of us who have such a passion publications business. In the be-
vehicle volunteers throughout for the sport." ginning, she published a simple x
California, Kukla was singled out Kukla explained that she was by II-inch newsletter distributed
for her untiring efforts to educate introduced to off-roading at age to potential race fans and today
off highway vehicle enthusiasts 16 when she made a purposeful her widely-read tabloid magazine
and the general public about the trip to a motorcycle area to meet has a circulation of 2,000 and is
importance of keeping public Steve, one of the dirt bike riders, distributed throughout the United
lands open for the public and her who would a short time later be- States.
assistance in securing more riding come her spouse. "When the San Diego board
opportunities for the some 50,000 The two were married in 1974 of Supervisors announced a meet-
enthusiasts in San Diego County. and in the past eight years they ing to discuss the off-highway
"This volunteer achievement have adopted four children: vehicle plan for the county," said
award is a reflection of Sherri' s Charlie, 18.; Byron, IS; Christi, McGarvie, "Sherri mailed flyers
10; and Margie, 9. to all of her subscribers at her own
Jim McGarvie, president of expense and helped attract more
the San Diego Off Road Coali- than 300 OHV enthusiasts to that
tion, calls Kukla the "voice of the meeting."
off-highway vehicle recreation In addition to home school-
community in Southern Califor- ing all of her children, publishing
ma. her magazine, cheerleading for
Her editorials emphasize the her husband at local motorcycle
importance of Christian family races, Kukla still finds time to be
recreation, proper safety equip- an active member of the San Di-
ment, appropriate safety rules and ego County Christian Writers'
the improvement of the OHV com- Guild.
,:¡¡.
" \\tfif&t(r
----.-
SAN DIEGO OFF-HIGHWAY
VEHICLE ENTHUSIAST RECEIVES
PRESTIGIOUS STATE AWARD
Auburn, Calif. (Oct. 31, 19971- Sherri Kukla, editor and
publisher of the San Diego Off Road Magazine, recently received
the California Off-Highway Motor Vehicle Recreation Commission's prestigious "Best
Volunteer of the Year" award during ceremonies in Auburn.
Competing with off-tlighway vehicle volunteers throughout California, Kukla, of
Chula Vista, was singled out for her untiring efforts to educate OHV enthusiasts and
the general public about the importance of keeping public lands open for the public
d her assistance in securing more riding opportunities for some 50,000 enthusiasts
in San Diego Counry. .,
" his volunteer achievement award is a reflection of Sh
s.t;¡tp .
~d r- 3
The Daily Cali/orman 'Friday - Saturday. May 9 - 10, 1997
Off. road study approval was
. by .
a WIse move superVIsors
By She,rt Kukla
, Guest columrust Since the passage of the Off Highway Motor
I ~e recent unanimous vote by the
I San Diego County Board of Vehicle Law of 1971 which called for "adequate
Supervisors to proceed with a fea-
sibility study for off-highway vehicle and ".lan~¡ed recreation facilities for offhighway
opportunities was a promising step vehzcles, not one acre of ground in any urban
forward for the off road community in
San Diego and an assurance to East area of San Diego County has been set aside for
County residents in opposition to off-
road activity that environmental con- motorcycle riding. Off roaders in this county have
cerns and property rights are being
addressed. paid millions of dollars in the last two and a half
Until adequate off road areas are
provided for the 54,000 registered off decades because of this 1971 law. And what have
road vehicles in this county, illegal we gained?
off-road riding will continue to be a '
problem for both proponents and
opponents of the sport,
While it's easy to blame the illegal providing a future for their motorized paid millions of dollars in the last t\\'o
participation in this sport on a stereo-
typed ver~ion of renegade motorcy- sport. An impressive presentation by and a half decades because of this
clists. in reality if playing baseball East County resident and Chairman 1971 law. And what have we gained?
were allowed only at designated base- of the San Diego Off Road Coalition Besides providing Jegitilllatl' "f(';,.-
ball fields and there were only two Jim McGarvie began the testimony of for current participants in the sport,
fields available in the entire county, those in favor of off road opportuni- the California Police Athletic League
we would see an awful lot of illegal ties, (Cal-Pal) is awaiting a location in
baseball playing, The love of and It was visionary off-roaders who, urban San Diego to initiate its
drive to participate in sports, no mat- more than 25 years ago, began the statewide Off-Road Pals program, "We
ter what kind, has often been division of the California State Parks have hundreds of inner-city kids who
described as being "in the blood" of Department, known as the Green will be standing in line to jump at the
the participant. Legitimate, enjoyable Sticker Program, by voluntarily tax- opportunity to learn how to properlv
recreational activities cannot be elimi- ing themselves to provide a future and safely ride an off-road motorcy:
nated as a viable sport simply that would take into consideration the cle," said Robert Mejia, Southern Cal,
because of opposition, needs of not only the people riding the ifornia representative for Cal-Pal
While some objections to off-road off off-road vehicles, but the land on Young people who ride motorcycles
activity are valid, they at times are which they rode. In fact, 30 percent of are not criminals. They learn early
based on inadequate or improper the annual budget is mandated to be about proper vehicle operation and
information about proposed trail sys- used for environmental protection and maintenance. They gain an under-
tems, such as the Back Country Dis- improvement. The Green Sticker pro- standing of the economics of purchas,
covery Trail or the Slaughterhouse gram pays its own way and as is ing and maintaining these vehicles,
Canyon area currently under consid- always the case, there will be no tax. Many of them have jobs so they can
eration by the Off Highway Motor payer dollars going toward funding pay for their own parts, accessoril:'s \
Vehicle Recreation Division of the the completion of the feasibility study and riding gear. Thousands of chil-
California State Parks Department nor toward the purchase of new off- dren and young adults, as well as
I For the first time in many years of highway vehicle recreation sites in moms, dads and grandparents, need a
seeking legitimate off road opportuni- San Diego County. place to participate in their chosen
ties in this county, off road enthusi- No other sport in existence has their sport, legally.
asts were represented in astounding own division in the California State As a parent, an off-road business
numbers at the County Administra- Parks Department. No other sport in owner and a member of an off-road
I tion Building on April 30, this county pays their own way motorcycling family, I commend thl'
A cross-section of representative including providing for the environ- San Diego County Board of Super.'I.
participants in the sport ran the ment, No other sport in the county is sors for approving the study that wiIl
gamut from laborers to developers, so misunderstood. lead to compliance with the countv'~
pilots to contractors, computer pro- Since the passage of the Off.High- general plan mandate to provide ¿IT
grammers to retired military, children way Motor Vehicle Law of 1971 which road vehicle recreation opportunitie>
to grandparents, In short, the picture called for "adequate and managed for the people.
was painted of a vast community of recreation facilities for off-highway Sherri Kukla is the founding edj.
hard-working, family-oriented, active vehicles," not one acre of ground in tor of San Diego Off Road Maga-
people who are seeking to follow any urban area of San Diego County line and along with her husband,
through with the decades old vision of has been set aside for motorcycle rid- Steve, has been publisher since
ing. Off roaders in this county have 1982. '
6d,. ~
I DIEGO UNION-TRIBUNE. SUNDAY, FEBRUARY 16, 1997 6-3
OPINION
It's time we get our off-road park
., SII8rrI Kukla uae the facility, it's not likely that Bambi or Woody Woodpecker
COnfiscated: Maclúne guns, silencer pistols and grenaqe are going to choke to death in the event an off-road park comes to
launchers. town.
I Apprehended: Thousanda upon thousands of illegal immi- What about the complaints of noise? A buffer zone where no off-
grants. road vehicle activity is permitted will surround the park. Then an-
SeiIed: A million dollars worth of marijuana. other buffer zone which allows OIÙY street-legal four-wheel-drive
Welcome to the "rugged beauty and quiet rural atmosphere" of vehicles will be enforced. '
Boulevard, , Where actual motorcycle tracks are built, the sound will be
Any literate individual perusing the San Diego section of the muffJed by the topography of the area, as most motocross tracks
dai1y newspaper within the last year has had the opportunity to are contained within a bowl-type area.
read about the drug busts, iIlega}-ÌIIIDIÌI1'8Dt smugglin¡ and even Some area critics of an off-road park say it is not their responsi-
the sale of illegal anns occurring in this East County commUDity. bility to provide such a facility in their midst to satisfy the frus-
But recently, a number of angry opponents Ibowed up to fight a trated off-roaders in San Diego County.
new evil threatening to invade their beautiful valley. What could We're not asking area residenta to pi'ovide us anything. We've
be worse than illegal border crosaers, machine guns and drug got the money, '
smuggling? Millions, if you must Imow. We not only won't be using one thin
How about an off.road park? dime oJ someone else', DIOIIey, we'll likely sink a million dollars
Some people are irate over the typical nontruths spread by en- into the surrounding infrastru<;ture, not to mention a host of other
vironmental extremists who have no true knowledge of the sport. benefits to the community.
Buzz words such as "noise, air pollution, erosion, death to wildlife, As for frustrated? You bet! In 1971, we saw the implementation
fires and vandalism" are deemed proof positive that an oIf-roacl " ala "treen sti~ fee, requiring, for the first time in history, the
park could lead OIÙY to misery and !ward for any commllllity... registratiliGefcìlr-rO8d ftbiclea.
ive or pasaive enough to stand for the unwanted invasion, 1ñat re¡istration fee was supposed to provide and assure ongo-
Off-roaders are frequently accused of bringing death to ani- iD¡dss to legal off-road riding areas. Over the course of the
maIs, but as Roy Denner, an off-roacling grandfather from the next tWo decades, the only change we saw at the loca1level was
East County points out: the continued closure of popular off-road areas due to new con-
"It is extremely unusual to find an animal that is a victim of an struction.
off-roader encounter. Last year, the "green sticker" program celebrated it's 25th an-
"Rather, (the construction of) interstate highways and second- 1lÌ'{ersary. More than $12 million baa been paid by off-road enthu-
ary roads, sometimes as much 8s10 lanes wide,literally wipe out sIaIts in San Diego County, We're still waitina for an off-road
all animals and plant sites in their path." park. .
Air pollution? We're not using 19708 era, two-etroke street The "green sticker" program is formally called the Off Highway
bikes. Today's reed-valved, powered-valved, digital-ignitioned, Motor Vehicle Recreation Division, and is a part of the California
rnodified-combustion-cbamber bikes burn cleaner gasoline and Department of Parks and Recreation.
leaner oil mixtures. Factoring in the number of vehicles that will It is funded entirely by off-roaders who also support the recre-
ation through taxes paid on fuel that is consumed in off-road vehi-
cles.
KUKLA is editor and publisher of San Diego Off.Road Magazine. The OHMVR Division of California has the largest and best-
funded OHV recreation program in the nation, With a $25 million
annual budget, money is ready and waiting to acquire land and op-
erate an off-road park in San Diego.
But what about the people benefit? Albeit not quite a priority
for the plant and animal worshipers among us.
How can an off-road park benefit the people? How can it benefit
Boulevard?
A park the size of the one under consideration in Boulevard
would have four to five full-time rangers on duty. These are law-
enforcement officers who are also trained as emergency medical
technicians.
As such, they would be available to assist with emergencies in
the whole community.
The entire 4,000 acres would be fenced off, and since it runs
parallel to the international border, this means a third layer of
feqcing would now separate Boulevard from Mexico, offering a
further deterrent to illegal immigrant crossing.
What about the fire buard? You can bet the OHMVR Division
is not going to sink several million dollars into property it isn't
, equipped to protect from fire damage. That 4,000 acre parcel
would be less of a fire hazard after an off-road park is built than
before.
What about users of the facility? Today' s motorcycle riders are
not the stereotypical und~b1e8. AccordiDc. ~ ~~, ~
Western States RepresentatíVe,for the Amencan otorcydists
Association, "a vaSt majority - 75 percent or better - are fami.
lies" who participate in this sport. "They're all ages," Dana says.
"They're Silicon Valley CEOs and physicians and plumbers and
secretaries,"
Propdbents of open space and wilderness need to recognize
that we have something of value to offer: The financial means to
purchase large amounts of property, thus guaranteeing no devel-
opment on this land, ,
No housing tracts, no condos, no shoppin¡ malIa. Just wide-
open space, permanently, complete with law enforcement, medi-
cal techniciana and resource-management specialists; a place for
[),f,VE~ plants, animals and people to thrive.
çc{ /5:
Economic Impact at a Glance: Table 3
Estimated Annual Be11£fit from California's
5 Largest State Vehicle Recreation Areas
OcoWlo W eI1ø ~magry v ~ Piao, Dwaet .BoIIister Hills Carnegie T otais
Si;¡;e in Acres: 42,000 19,000 2,500 6,650 1,500 71,650
Year Opened 1976 1981 1974 1975 1980
Visitors Per Yr: 265,000 111,000 1,110,000 85,000 45,919 1,510,000
Mean per visitor $24.65 $17.76 $71.71 $22.30 $20.63
spending:
Annual Impact: $6,600,000 $1,980,000 $43,000,000 $1,900,000 $947,000 $54,407,000
Sales/Output , $997,000, $114.897,000
With Multipliers: $15,800,000 $4,300,000 $91,000,000 $2,800, 000
Local spending by Park: $449,000 $619,000 $1,400,000 $618,000 $521,000 $3,607,000
Impact with Multipliers: $854,000 $1,060,000 $2,300,000 $813,000 $869,000 $5,886,000
Jobs Supported by All 2,091.04
Initial Spending: 273.65 95.01 1,545.54 69.84 57.00
Communities
Benefitting Most: San Diego Bakersfield, San Luis San Benito San Joaquin
County Lebec, Obispo County Valley
Frazier Park County
'Visilalion totals reflect only the: 'visitors who pay admission fees 10 SVRAs
Ocotillo Wells in Sán Diego County Hungry Valley: One of
Near Borrego June 1993. Most are economies. Factor in Southern California's
Springs and the Mexi- repeatvisitors,coming multipliers, and the
can border are 42,000 an average of six times figure grows to $15.8 Most Varied Riding
acres entirely available a year. Nearly half of million, supporting
for open ri~ and them-49.8%----come as 274 fulltime jobs. Opportunities
earn . urvey esti- \. family or "family and About 38% of visitor
mates are that 268,000 friends." More than money is spent on food
visitors were here be- half -OO%--are &om and groceries; 33% on Adjoining Los Fa. Combined, they offer
tween July 1992 and San Diego County; 14% gas and other sup- dres National For- one of Southern
&om Orange County; plies; and 29% on est and sprawling California's most ex-
100/0 from Los Angeles; equipment and across 19,000 acres of tensive and varied
and 7% &om Riverside. services. Kern, Los Angeles and OHV riding
EcononÚc A health~ ~jority- What Visitors Ventura Counties, opportunites.
890/0 of VlSltors--stayed Like To Do Hungry Valley's 100 Of some 111,000
Impact of overnight in the park, miles of trails winding visitors during fiscal
. . and many of them av- ATVs are the most from 2,900 to 5,000- 1992 to 1993, 71%
Calzforma eraged-a 44ly stay. popular vehicles used foot elevations over came for day use, 29%
SVRAs: Spending Habits here (91%), followed by hills, and through val- to camp. Most visitors
motorcycles and dirt leys and canyons are
8121 !'vIi !lion; Each visitor spends bikes (48%) and 4WD popular with motor- come from Los Angeles
an average of $24.65 and Ventura Counties
2, GOO jobs a (40 %). Other popular cycle, ATV and 4WD (80%), with another
per visit. Over one activities include pho- drivers. The trails join 8% and 7% from
yea r frOln year, this amounts to tography (34%), picnics an equal number of Fresno and San Diego
72,000 acres $6.6 million pumped (28%), lúkes (20%) and challenging National counties, respectively.
directly into local nature studies (17%). 0 Forest OHV trails.
~d-b
Nearly half-45.95%- More than 82% of
are accompanied by visitor money went for
family or family and gas, vehicle repairs
friends, while another and other travel costs;
48% come with 22% was spent at res-
friends. taurants and snack
Spending Habits stands; 20% went for
groceries, equipment,
With a mean spend- gifts and souvenirs;
ing of $17. 76 per visit, 12% for recreational
motorized recreation- activities such as
alists left behind $1.98 equipment rentals, ad-
million in direct sales missions and permit
and $4.3 million with fees, tours, guides and
multipliers added, in lessons; 8% for over-
an area stretching night lodgings and pri-
from Bakersfield, vate campgrounds;
Castaic, and Frazier and 5% at state parks
Park to Gorman. In or other public camp-
addition, when opera- grounds. State Park Ranger Todd Thames from Hungry Valley SVRA answers
tional expenditures What Visitors Do questions about California's seven OHV parks
from both counties are
combined, the park Mostly here for the cycling is the activity of vehicles are other Six in ten park visitors
generates $1 million in day [84%), many are choice among roughly significant activities. use only the Hungry
annual new sales. repeat visitors, coming 800/0 of visitors. Notably, one in six Valley facilities; the
Combined they sus- about seven times in Picnicking, photogra- also enjoys hiking and remainder also tour in
tain 95 full-time jobs. the past year. Motor- phy and riding other camping in this area. Los Padres National
Forest. 0
Hollister Hills: 150
Miles of Trails, San The SVRA's opera- the vicinity during to four persons (55%).
tional expenses totaled their trip, while locals Roughly 98% stay only
Andreas Fault to See $964,000, which gen- averaged $81, for a 5-hour-day, with
erated $1,303,000 in outspending non-locals 2% staying to camp.
newsales and sup- on supplies, auto-re- More than 30% of
San Benito County is the biggest benefi- ported 29 fulltime lated expenses, food . visitors come with
ciary ofvisitors to this Northern California county jobs. Total im- and drink. But per- family or "family and
6,650-acre area in the Gavilan Mountains, pact on the county's person, locals outspent friends"; 55% come
within an hour's drive of San Jose and the Bay economy when multi- non-resid~nts by bet- with friends.
Area. pliers were factored in, ter than two to one A Cadre of regulars
Classical California chaparral country, the was $4.1 million. At ($53 vs $21); the dif- visited the park 11 or
area boasts some 150 miles of roads and trails least two-thirds of the ference was especially more times in the last
through walnut and oak woodlands. Also the visitors bought gas, marked in the area of year including 70% of
San Andreas earthquake fault runs through the food and drink at local groceries and supplies, the locals and 40% of
park. You can ride the faultline. establishments. A where the ratio was non-locals. Virtually
similar percentage roughly six to one. everyone who comes to
The Park has two Spending Habits paid for admission, What Visitors Do the park, at least 91%,
major sections. The Towns most likely to equipment rentals or Hollister Hills is does so to ride motor-
Lower Ranch is set benefit are Hollister, other services. A little cycles.
aside for motorcycle less than half bought primarily used by
and ATV use only and San Juan Bautista, groceries and supplies, residents of the This seems odd,
has about 80 miles of Tres Pinos, Paicines gifts or souvenirs. central coast counties because the park has
trails, five tracks and and Panoche. Most visitors did not (Santa Clara, Santa an excellent and scenic
several hill climbs. Of 85,000 visitors pay for overnight ac- Cruz, and Monterey - route of trails, rated,
The Upper Ranch is July 1992 through commodations; those 77%) with another like skiers trails, from
used for 4WD recre- June 1993, mean per- who did were more significant group easy to difficult-ideal
ation and motorcycle person spending was likely to stay in state coming from Alameda for utility vehicle driv-
special events. It fea- $22.30 per visit, with park or public camp- and San..Mateo ers getting used to off-
tures a 4WD obstacle an economic impact to- grounds than in pri- Counties (13%). Local highway driving. Yet
course, fenced taling $2.8 million. vate facilities. residents come to the only 11% come for
motocross track, hill That sustained an es- On an average, non- park alone or in pairs 4WD recreation. A few
climbs and over 40 timated 77 jobs within resident traveling (77%), whereas non- pictures are taken,
miles of trails. the county. residents tend to and one in five visitors
parties spent $57 in arrive in groups of two picnics while in the
area. 0
5d-i
RECEIV~ BOYS & GIRLS CLUB
OF CHULA VISTA
r:"""""-'--.-
.. . 23 P337 I r"~¡ Œ @ Œ U ~! ill ~f~~l
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March 13, 1998 ,I '
" , , ' ,
~tY OF CHULA VIST t, ,irU¡ . 171900 ;,
.. ' Y CLERKtS OfFICE
f
Mayor Shirley Horton L._~ .....J
,"'(It omCfS
City of Chula Vista '--- ,~1..1,U~:~, VISTA, CA
276 Fourth Ave.
,,~ Chula Vista, CA 91910
Dear Mayor Horton,
It is with much regret that I must tender my resignation from the City
Child Care Commission, effective immediately.
My current work schedule and job responsibilities at the Boys & Girls
Club of Chula Vista make it very difficult to attend the monthly
meetings and more importantly participate in the issues presented.
I also found it exceedingly difficult to be a non-voting member of the
panel when items of interest were presented. Being only able to
present my opinions or perhaps the view of the Club might have been
helpful to the panel but not having a final say with a vote was hard.
Fortunately, the stance or views of the Club as it relates to child care
issues will not be lost to the Commission, as Emerald Randolph, a
member at large to the panel, also is a Board Director of the Club.
She will be able to present ideas and views as needed. I also would
recommend to replace me, Diane Taylor, Director of Small Wonders
pre-school at the Club. She has many years experience with child
care issues and has been with the Club for nine years.
I sincerely appreciate your confidence in me when you asked for my
service to the Child Care Commission. I hope that I tlave provided
some small assistance to the Commission during my brief time. I
would very much like to serve the City again in the future, perhaps on
a regular commission seat somewhere.
Thank you again for this opportunity to serve the City and also for your
support to the Boys & Girls Club and the children we serve.
sìnce~ CC' ((~ tV1t;r ( 4-J
Ct'l1 4 (~)
a R. Robinson
Agency #6128
!Jhols <;12,"
IIIC. WRITTEN
A member organization of ,.~ ~A Al' n ~~,'~,.. A TIONS
~,A.' }i;"',;"'<'~ ,". ;'", "'§ :"; "'.2 i'¡ ',~,¿\'!""..,:!¡,\ ,~:: " dWay/CHAC
Girls Incorporated ~~~~ It brings out the best in all of us.~
COUNCIL AGENDA STATEMENT
Item k,
Meeting Date 3/31/98,
ITEM TITLE: Resolution lð1~~ Approving a Detention Basin and Siltation
agreement between the City and McMillin-D,A. America Otay Ranch LLC
to provide for the maintenance and operation of a detention basin and
removal of silt from the Telegraph Canyon Channel and authorizing the
Mayor to execute said agreement.
SUBMITTED BY: Director of Public W or,¿,! ~
REVIEWED BY: City Manager J ~ ! ~ (4/Sths Vote: Y _No X )
On June 3, 1997 by Resolution No. 18686, th City approved Tentative Map No. 97-02 for the
Otay Ranch McMillin project. The Tentative Map conditions require compliance, before issuance
of a grading permit, with certain requirements regarding existing and proposed drainage
improvements serving the project. In addition, Council Policy No. 522-02 requires the developer
to maintain the drainage improvements for 5 years. The developer is currently processing mass
grading plans with the City and issuance of the grading permit is anticipated shortly. The subject
agreement delineates the developer responsibilities regarding the proposed improvements and
establishes the security requirements to ensure their performance.
RECOMMENDATION: That Council approve the resolution approving a Detention Basin and
Siltation agreement between the City and McMillin-D.A. America Otay Ranch LLC to provide
for the maintenance and operation of a detention basin and removal of silt from the Telegraph
Canyon Channel, authorize the Mayor to execute said agreement and authorizing the City Engineer
to approve the replacement of the cash bond with equivalent land mitigation credits.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION: Currently, McMillin is processing mass grading plans with the City for a portion
of the project draining to Telegraph Canyon Channel (see Attachment" A"). Approval of these
grading plans and issuance of the corresponding grading permit are anticipated shortly.
Conditions of approval #43 and 44 (Attachment "B") require compliance, prior to issuance of the
grading permit, with certain requirements related with existing and proposed drainage
improvements in the Telegraph Canyon Channel. Following is a discussion on how the developer
proposes to satisfy those requirements:
Condition # 43(a) requires the developer to guarantee the construction of a permanent drainage
runoff detention basin in the Telegraph Canyon Channel to reduce the lOa-year frequency peak
flow from the development to an amount equal to or less than the present flow. In satisfaction of
this requirement, the developer proposes to construct such facility as follows:
G/ /
Page 2, Item-
Meeting Date 3/31/98
* On January 6, 1998, the City issued grading permit PG-579, which approved the
construction of the earth embankment necessary for the construction of La Media Road
across the channel. The proposed improvements include the construction of a culvert for
handling the Telegraph Canyon drainage flows. These improvements are currently under
construction. The developer has already posted the required bonds to guarantee the
construction of these improvements.
* As mentioned before, the City is currently processing mass grading plans that include
enlarging the existing channel, immediately upstream of La Media crossing, to create the
storage required by the detention basin. Staff would only issue the grading permit for this
job after approval of the grading plans by the City Engineer, posting of grading bonds, and
approval of the proposed Detention Basin and Siltation agreement by Council. The
proposed agreement requires the developer to submit, prior to issuance of the grading
permit, a bond of $211,671 to guarantee the completion of the grading required by the
detention facility. Additionally, as a prerequisite to issuing the mass grading permit, the
developer shall submit a grading bond in the amount of $5,995,004.
Staff considers that the bonds submitted for PG-579 in conjunction with the bonds to be provided
before issuing the mass grading permit will provide the required security for the construction of
the detention facility.
Condition #43(b) and #43(c) require the developer to (1) prepare a maintenance program for the
detention basin for the approval of the City Engineer, Director of Park and Recreation, and the
applicable resource agencies, and (2) enter into an agreement with the City and the applicable
resource agencies to implement such maintenance program. The developer proposes to satisfy
these requirements, as follows:
* Environmental Miti~ation: The developer has already obtained a permit from the Corps
of Engineers for the construction of the facility. This permit requires mitigation by
creating 1.4 acres of wetland habitat within the area of the proposed detention facility and
the posting of a performance bond with the Corps of $73,648 (equivalent to 120% of 5-
years of mitigation and monitoring cost). In addition, the developer has entered into an
agreement with the California Department of Fish and Game (CDFG) which requires the
developer to plant, monitor and maintain the new wetlands for a period of five years. This
initial period may be extended by CDFG if the planting survival requirements are not met.
* Maintenance Prollram: The developer has submitted a Temporary Maintenance Program
(Attachment "C") which includes guidelines for the inspection, monitoring and
maintenance of the detention basin. This plan requires that biannual inspections be
performed by a biologist an a specialist in river hydraulics. In Section 2.e of the
Agreement, the developer agrees to perform the activities delineated in the Temporary
Maintenance Program and to retain the consultants for (1) inspecting the channel, and (2)
preparing the required biannual reports to the City and developer. Prior to acceptance of
the basin for maintenance by the open space district, the consultant will also prepare a
Permanent Maintenance Program which would include (1) an operations manual describing
ordinary maintenance and operation activities of the detention basin, (2) an estimate of the
la 'd-.
Page 3, Item-
Meeting Date 3/31/98
cost for such maintenance operations, and (3) a mechanism for fInancing said maintenance
activities. The developer also agrees to obtain approval of said Permanent Program from
the applicable resource agencies. In order to secure the developer's obligations delineated
in the Temporary Maintenance Program, the proposed agreement requires the developer
to submit, prior to issuance of the grading permit, a bond in the amount of $18,750
(equivalent to five years of the estimated cost of maintaining the detention basin).
The proposed Detention Basin and Siltation agreement also provides that, prior to
acceptance of the basin for maintenance by the open space district, the developer shall
obtain authority from the applicable resource agencies for permanent access by the City
in and around a channel area immediately adjacent to La Media Road (about 0.4 acres).
This will allow the City to maintain the embankment, culvert and other critical drainage
facilities without having to go through the permit and mitigation process every time that
maintenance is required. Prior to approval of the mass grading permit, the developer will
provide the City a letter of credit or cash bond for $160,000 guaranteeing such approval
from the resource agencies. Staff considers this a reasonable estimate of the mitigation
that the resource agencies may require. The estimate assumes (1) offsite habitat mitigation
at a 4: 1 replacement ratio, and (2) a cost of $100,000 per acre of mitigation land (0.4 acres
x 4 x $100,000 = $160,000). The agreement further stipulates that the developer may
subsequently request the replacement of said cash bond, or portion thereof, with equivalent
land mitigation credits and authorizes the City Engineer to approve said replacement.
The Temporary Maintenance Program has been reviewed and approved by the City Engineer and
the Director of Parks and Recreation.
Condition #43 (d) I requires the developer to enter into an agreement, where the developer agrees to
provide for the maintenance of the proposed permanent detention basin in Telegraph Canyon until
maintenance of such facilities is assumed by the City or an open space district. In Section 2.e of
the "Agreement", the developer agrees to maintain the detention basin until the later to occur of:
(1) acceptance of 100% of the maintenance of said improvements by an established Maintenance
District, or (2) five years after City's acceptance of the open space landscaping required for the
detention basin, in accordance with Council Policy 522-02, or (3) acceptance by the Resource
Agencies of the habitat mitigation, or (4) determination by the City's Engineer that all upstream
grading and erosion control within the project has been established. The City is currently
conducting proceedings for the formation of the Otay Ranch SPA One Maintenance District,
which will include an annual budget of $22,500 for maintaining the detention basin improvements
after the developer's maintenance obligation is over.
Conditions #43(d)2. 43(d)3. and #44 require the developer to enter into an agreement, where the
developer agrees to provide for the removal of siltation (attributable to the development) in the
detention basin and the existing "naturalized" Telegraph Canyon channel extending from Paseo
Ladera to the eastern boundary of the project.
Section 3.a of the "Agreement" stipulates that the developer would provide for the removal of
siltation (attributable to the development) within the proposed detention basin and the existing
channel until the later to occur of: (1) five years after all upstream grading within the development
to / '3
Page 4, Item
Meeting Date 3/31/98
is completed and erosion protection planting is adequately established, or (2) City's acceptance of
the maintenance of said portion of the Telegraph Canyon channel. As security for complying with
these obligations, the developer is required to submit, prior to the issuance of any grading permit,
a bond in the amount of $180,000 to guarantee the removal of siltation from that portion of the
Telegraph Canyon Channel (including the proposed detention basin and associated silt fences and
drop structures). In addition, a letter of credit or cash bond for $50,000 will be required. This
deposit may be used to pay for the cost of any removal of siltation until the City can collect on the
bond in case of default by the developer.
Council Policy No. 522-02 (Attachment "D") requires the developer to maintain natural drainage
facilities (which would ultimately be maintained by an open space district) for a period of 5 years.
The policy also requires a guarantee in bonds to the City in an amount equivalent to 5 years of
maintenance.
Staff believes that by (1) entering into the Detention Basin and Siltation agreement, (2) entering
into the 5-year maintenance agreement with CDFG, (3) posting of the 5-year maintenance bond
with the Corps ($73,648), (4) posting of the 5-year maintenance with the City ($18,750), and (5)
posting of bonds guaranteeing the removal of siltation (bond of $180,000 and $50,000 in cash),
the developer complies with the requirements of Council Policy No. 522-02.
The City is currently reviewing mass grading plans for part of the Otay Ranch McMillin project.
It is anticipated that these plans should be ready for approval shortly. The grading permit will be
ready for issuance after approval of the grading plans, posting of grading bonds and Council
approval of the proposed "detention basin and siltation" agreement.
The proposed agreement stipulates that the City may withhold building permits for the project if the
City determines the developer not to be in compliance with the terms of the agreement. The
agreement has been executed by the developer and approved as to form by the City Attorney.
FISCAL IMP ACT: None. All costs associated with the construction of the proposed drainage
facilities in the Telegraph Canyon Channel will be paid for by the developer. The developer will be
also responsible for maintaining the proposed improvements until said maintenance is assumed by
a maintenance district approved by the City.
Attachments: A - Otay Ranch McMillin project B - Conditions of Approval #43 and 44 Nor SCANNED
C - Temporary MaintenNOT!SE!ANNOOCouncil Policy No. 522-02, '
, NOT SCANNED
H: \HOME\ENGINEER\AGENDA IDETBASIN,LDT
March 20, 1998 File: 0710-46-0R203G
Co,y
RESOLUTION NO. J ~16'i
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A DETENTION BASIN AND
SILTATION AGREEMENT BETWEEN THE CITY AND
McMILLIN-D.A. AMERICA OTAY RANCH LLC TO
PROVIDE FOR THE MAINTENANCE AND OPERATION OF A
DETENTION BASIN AND REMOVAL OF SILT FROM THE
TELEGRAPH CANYON CHANNEL AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
WHEREAS, on June 3, 1997 by Resolution No. 18686, the
City approved Tentative Map No. 97-02 for the Otay Ranch McMillin
project; and
WHEREAS, the Tentative Map conditions require compliance,
before issuance of a grading permit, with certain requirements
regarding existing and proposed drainage improvements serving the
project; and
WHEREAS, in addition, Council Policy No. 522-02 requires
the developer to maintain the drainage improvements for 5 years and
the developer is currently processing mass grading plans with the
city and issuance of the grading permit is anticipated shortly; and
WHEREAS, the subject agreement delineates the developer
responsibilities regarding the proposed improvements and establish
the security requirements to ensure their performance.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula Vista does hereby approve a Detention Basin and
Siltation Agreement between the City and McMillin-D.A. America otay
Ranch LLC to provide for the maintenance and operation of a
detention basin and removal of silt from the Telegraph Canyon
Channel, a copy of which is on file in the office of the City Clerk
as Document No. .
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized and directed to execute said
Agreement for and on behalf of the city of Chula Vista.
Presented by Approved as to form by
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John P. Lippitt, Director of John M.
Kaheny, cit Attorney
Public Works
C:\rs\detbasin.McM
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MAR 12 '98 15:51 TO-96915171 FROM-MCMILLIN COMPANIES T-782 P.O4/04 F-143 -
MlMillln I otay Ranch
SPA. .
villages 1 & 5 EXHIBIT' A.1
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Recording Requested by: )
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CITY CLERK )
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When Recorded, Mail to: )
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CITY OF CHULA VISTA )
276 Fourth Avenue )
Chula Vista, CA 91910 )
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DETENTION BASIN AND SILTATION AGREEMENT
This Agreement is made by and between McMILLIN-D.A. AMERICA
OTAY RANCH LLC, a Delaware limited liability company ("Developer"),
and the CITY OF CHULA VISTA, a California municipal corporation
("city"), with reference to the following facts:
RECITALS
A. Developer owns approximately 289.9 acres of that certain
real property located within a portion of what is commonly known as
Villages One and Five of the Otay Ranch planned community, as more
particularly described in Exhibit "A" (Legal Description) and as
shown on Exhibit "A-I" ("Project").
B. On October 28, 1993, the Chula vista City Council,
pursuant to Resolution No. 17298, and in accordance with the
California Environmental Quality Act (CEQA) (Pub. Resources Code §
21000 et seq.), certified the Final Program Environmental Impact
Report for the GDP, SCH #9010154, made certain Findings of Fact,
adopted a Mitigation Monitoring and Reporting Program, and adopted
a statement of Overriding Considerations.
~'
c. On June 4, 1996, City approved the Otay Ranch Sectional
Planning Area Plan, including the Otay Ranch Public Facilities
Financing Plan for Villages One and Five by Resolution No. 18304,
relying on the Otay Ranch SPA One Plan Final Second Tier
Environmental Impact Report 95-01 and the first Addendum.
D. On June 3, 1997, City, by Resolution No. 18686, approved
a Tentative Map, Tract 97-02, for the Project ("Project's Tentative
Map").
E. On June 3, 1997, City approved the Third Addendum to the
Final Second Tier Environmental Impact Report (FEIR 95-01) for the
Otay Ranch Sectional Planning Area SPA One Plan and an Amendment
(PCM 97-20) to the Otay Ranch Sectional Planning Area SPA One Plan
by Resolution No. 18685.
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F. Condition 43 of the Conditions of Approval of the
Project's Tentative Map, as more particularly set forth on Exhibit
"B", requires Developer to guarantee the construction of a drainage
facility and guarantee the operation and maintenance of any runoff
detention basin that may be approved by the City Engineer.
G. Condition 44 of the Conditions of Approval of the
Project's Tentative Map, as 'more particularly set forth on Exhibit
"B", requires Developer to provide for the removal of siltation
NOW THEREFORE BE IT RESOLVED that the Parties agree as
follows:
1. Defined Terms. As used herein, the following terms shall mean:
1.1 "Complete or Completion of Construction" means that
construction of the improvements have been completed and have been
inspected and accepted by the City.
1.2 "Final 'B' Map" means any final subdivision map for all
or any portion of the Property other than the Superblock Final Maps
commonly referred to in Chula vista as an "A" Map.
1.3 "Maintain" or "Maintenance" means to furnish, or the
furnishing of, services and materials for the ordinary and usual
maintenance required for the operation of any detention basin or
similar type of improvement or as set forth in a City approved
maintenance program.
1.4 "Maintenance District" means a special district
established by the City pursuant to State law.
1.5 "Resource Agencies" means the U. S. Army Corps of
Engineers, California Department Fish and Game, and the United Fish
and Wildlife Services, unless otherwise stated.
2. Condition No. 43 - Drainage Facility. Developer understands
and agrees that Developer shall be required to comply with the
provisions of Condition 43 with the first Final "B" Map or grading
permit for that land draining into Poggi Canyon and with respect to
that portion of Condition 43 which requires construction and
bonding for improvements related to the Poggi Canyon Channel.
However, in partial satisfaction of Condition No. 43 of the
Project's Tentative Map, with respect to land draining into
Telegraph Canyon Channel, the Developer agrees to the following:
2.a. Improvement Work.
1. Developer agrees to construct, at its sole expense,
a runoff detention basin in the Telegraph Canyon Channel, as
approved by the City Engineer (herein referred to as "Detention
Basin"). Developer shall construct the Detention Basin in strict
2
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conformity and in accordance with the plans and specifications,
approved by the City Engineer, as Chula vista Drawings No. 98-153
through 98-183.
ii. Developer shall construct the Detention Basin at the
location identified on the above described Drawings. Developer
understands and agrees that Developer is responsible for obtaining
all necessary permits, approvals, certifications, agreements or
amendments thereto, if any, from the applicable federal and/or
state agencies, including but not limited to the California
Department of Fish and Game and/or the u.s. Army Corps of Engineers
and the Federal Emergency Management Administration. Developer
shall complete construction of the Detention Basin on or before the
first anniversary date of the City Council's approval of this
Agreement. The City Engineer may extend the Completion of
Construction date up to one (1) year provided Developer has
diligently pursued completion of said construction. It is
expressly understood and agreed to by Developer that, in the
performance of construction of said Detention Basin, Developer
shall conform to and abide by all of the provlslons of the
ordinances, standards and policies of the City of Chula Vista, the
laws of the state of California and federal law as applicable to
said work.
2.b. Detention Basin Bonding.
i. Prior to the issuance of the first grading permit for
the proj ect, including for the construction of the Detention Basin,
Developer agrees to furnish and deliver to the City of Chula Vista,
and to thereafter maintain until City's acceptance of the Detention
Basin, improvement securities from a sufficient surety, whose
sufficiency has been approved by the City, for the sums set forth
on Exhibit "C", to guarantee the installation of the Detention
Basin and to secure the payment of material and labor in connection
with such installation. Developer understands and agrees that the
City shall not issue any grading permits until the bonds or the ~"
other form of security has been delivered and approved as
sufficient by the city.
ii. Developer acknowledges and agrees that if the
Detention Basin is not completed within the time agreed herein, the
sums provided by said improvement securities may be used by City
for the completion of the Detention Basin in accordance with those
plans and specifications approved by the City Engineer, or at the
option of the City, for such improvements that are less than, but
not greater to, the sums provided by said improvement securities.
Developer also agrees that the City may take any and all actions
necessary, in order to obtain the funds necessary for completion of
the Detention Basin. Upon certification of completion by the City
Engineer and acceptance of said work by the City, and after
certification by the Director of Public Works that all costs hereof
are fully paid, the whole amount, or any part thereof not required
3 .
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for payment thereof, may be released to the Developer or its
successors in interest, pursuant to the terms of the improvement
security. Developer agrees to pay to the City any difference
between the total costs incurred to perform the work, including but
not limited to reasonable design and administration of construction
in substantial conformance with the approved plans (including a
reasonable allocation of overhead), and any proceeds from the
improvement security.
2.c. Developer's Costs and Expenses. It is also expressly
agreed and understood by the parties hereto that in no case will
the City or any department, board or officer thereof, be liable for
any portion of the costs and expenses of the work aforesaid, nor
shall the City or the City's officer, sureties or bondsmen, be
liable for the payment of any sum or sums for said work or any
materials furnished therefor.
2. d. Guarantee Construction. Developer understands and agrees
that until such time as the Detention Basin is fully completed and
accepted by the City, Developer shall be responsible for the care
and any damage to said improvement. It is further understood and
agreed that Developer shall guarantee the Detention Basin for a
period of one year from the date of the City's final acceptance of
the Detention Basin and Developer shall correct during this one
year period any and all defects and/or deficiencies arising during
this period as a result of the acts or omission of Developer, its
agents or employees in the performance of this Agreement. Upon
acceptance of the work by the City, Developer shall grant to City,
by appropriate conveyance, the Detention Basin constructed pursuant
to this Agreement; provided, however, that said acceptance shall
not constitute a waiver of defects by the City as set forth
hereinabove. Prior to acceptance of the Detention Basin, Developer
shall provide the City with warranty security, from a sufficient
surety, approved by the City, in the amount set forth in Exhibit
"e", to guarantee the Detention Basin from all defects and/or
deficiencies for this one (1) year period. Developer acknowledges ~'
and agrees that if any defects or deficiencies arising during this
period are not cured within the time agreed herein, the sums
provided by said security may be used by the City for the
completion of such work. Developer agrees to pay to the city any
difference between the total costs incurred to perform the work,
and any proceeds from the warranty security.
2.e. Detention Basin Maintenance obligation - 43 (d).
Developer shall Maintain or cause to be Maintained the Detention
Basin until the later to occur of: (a) the acceptance of 100% of
the Maintenance for said improvement by an established Maintenance
District(s)¡ or (b) five (5) years after the City's acceptance of
the open space landscaping required for the Detention Basin, not
including the habitat mitigation areas, in accordance with City
Council Policy 522-02; or (c) acceptance by the Resource Agencies
of the habitat mitigation, pursuant to Notification No. 5-227-97
4
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and Permit No. 97-20195-JL, required in connection with the
construction of the Detention Basin; or (d) the city Engineer
determines in its sole discretion, that all up-stream grading and
erosion control protection within the Project has been completed.
(Nothing herein shall be construed as affecting the obligation of
Developer to remove siltation from the Telegraph Canyon Channel as
more fully described in paragraph 3 of this Agreement.)
Prior to the issuance of the first grading permit for the
Project, including for the construction of the Detention Basin
Developer shall provide the City with sufficient securities, in
accordance with paragraph 5 below and in the amounts set forth in
Exhibit "C," to guarantee Developer's Maintenance of the Detention
Basin, erosion control facility and associated improvements. In
the event of Developer's default in the performance of its
Maintenance Obligations, Developer agrees to pay to the City any
difference between the total costs incurred by the City to perform
such maintenance work, and any proceeds from said security.
2.f. Maintenance Program -43) (b). Developer has prepared, for
City's approval, a temporary maintenance program for Developer's
Maintenance Obligations of the Detention Basin, entitled "otay
Ranch SPA I La Media Road/Telegraph Canyon Channel and Detention
Basin Maintenance Plan," dated January 15, 1998 and revised
February 26, 1998 (hereinafter referred to as "Temporary
Maintenance Program"). Developer shall also prepare and obtain the
approval of the City Engineer no later than the fifth year
anniversary of the City Council's approval of this Agreement, a
permanent maintenance program which shall include, but not be
limited to the following: a) an operations manual describing the
maintenance program for the ordinary and usual maintenance and
operation of the Detention Basin, b) an estimate of the cost of
such maintenance operations, and c) a mechanism for financing said
maintenance activity (hereinafter referred to as "Permanent
Maintenance Program"). Developer is responsible for obtaining the
approval of the Permanent Maintenance Program from all applicable -
federal and state governmental agencies, including but not limited
to the Resource Agencies.
2.g. Maintenance Authority. Developer understands and
acknowledges that City may be required to remove silt and maintain
the Detention Basin, appurtenant structures and the areas in and
around the Detention Basin after acceptance of the Maintenance
Obligations for said improvement by the city and that such removal
may be required in an area subject to mitigation under the auspices
of the appropriate federal and state resource agencies. Developer
agrees to use its reasonable best efforts to obtain authority, in
a form acceptable to the City Engineer, from the appropriate
resource agencies to enable the City to perform said maintenance
acti vi ties on a permanent basis ("Maintenance Authori ty") .
Developer further understands and agrees that Developer may be
required by such agencies to obtain proper mitigation credits or
5
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land in order to obtain such Maintenance Authority. Developer
shall be responsible at its sole cost and expense to satisfy all of
the requirements of all appropriate governmental agencies in order
to obtain the Maintenance Authority.
Before the issuance of the first grading permit for the
Project, including for the construction of the Detention Basin,
Developer agrees to provide the City with a cash deposit or a
letter of credit in a form and from an entity approved by the City
Attorney, in the amount of $160,000.00, to secure the performance
by the Developer with respect to obtaining the Maintenance
Authority described above. The cash deposit or letter of credit
shall be forfeited to the City, if at the time of City's
acceptance of the Maintenance Obligations of the Detention Basin,
such Maintenance Authority has not been obtained from the
appropriate governmental agencies. The Developer may request that
the City Engineer replace the $160,000.00 deposit or letter of
credit with the appropriate mitigation credits required by the
appropriate agencies for obtaining the Maintenance Authority. The
City shall release the cash or letter of credit to the Developer
once the City has received the Maintenance Authority in a form
acceptable to the City. Any interest earned, if at all, on said
deposit shall also be released at such time.
3. Condition No. 43 & 44 - siltation Removal. Developer
understands and agrees that Developer shall be required to comply
with the provisions of Conditions 43 and 44 of the Project's
Tentative Map, prior to the first Final "B" Map or grading permit
for land draining into Poggi Canyon. However, in partial satisfac-
tion of Condition No. 43 and 44 of the Project's Tentative Map,
with respect to land draining into Telegraph Canyon Channel, the
Developer agrees to the following:
3.a. siltation Removal. The Developer agrees to remove
siltation attributable to the Project from the Detention Basin
until the later to occur of: a) a period of five after ~'
years
Maintenance of the Detention Basin is assumed by the City or by a
Maintenance District; or b) five years after all upstream grading
within the Project is completed and erosion protection planting is
adequately established as determined by the City Engineer and
Director of Parks and Recreation. Developer also agrees to remove
siltation attributable to the Project from the existing Telegraph
Canyon Channel that extends from Paseo Ladera to the eastern
boundary of the Project, as more particularly shown on Exhibit "A-
1" until the later to occur of: a) five years after all upstream
grading within the proj ect is completed and erosion protection
planting is adequately established as determined by the City
Engineer and Director of Parks and Recreation; or b) the City
assumes maintenance of that portion of the Telegraph Canyon Channel
described above, pursuant to the "Agreement Regarding Maintenance
of the Telegraph Canyon Drainage Channel," adopted by City Council
Resolution No. 18619. Developer understands and agrees that the
6
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City Engineer shall be solely responsible for determining if any
siltation is attributable to the Project.
Job. Securities. Prior to the issuance of the first grading
permit for the Project, including for the construction of the
Detention Basin Developer shall provide the City with all of the
following:
i. Bonds or other sufficient securities, in accordance
with the provisions of paragraph 5 below, and in the amounts set
forth in Exhibit "C," to guarantee Developer's obligations to
remove siltation as described in paragraph 3 (a) above. In the
event of Developer's default in the performance of said
obligations, Developer agrees to pay to the City any difference
between the total costs incurred by the City to perform such work,
and any proceeds from said security.
ii. A cash deposit or a letter of credit, in a form and
from an entity approved by the City Attorney, for Developer's
obligations to remove siltation in the sums set forth in Exhibit
"c". City shall hold said deposit for the duration of Developer's
siltation obligations and may expend the deposit for purposes of
removing said siltation in the event of Developer's default or
partial default in the performance of such obligations, as such
default may be determined by the City Engineer. Should the City
expend the deposit due to Developer's default of Developer's
performance obligations, Developer agrees to redeposit the
equivalent sum of money or provide another letter of credit in a
form and from an entity approved by the City Attorney as needed to
equal the amount of the original deposit required by this
Agreement, within 30 days of the City's request for such deposit.
All interest earnings on the Security Deposit shall be retained by
the City during this period. Any unexpended amount of the deposit,
including any interest earned, shall be released and remitted to
Developer upon the termination of its siltation maintenance
obligations as set forth in this Agreement. -.
4. Reimbursement District. Developer understands and agrees that
the City may require an alternative property owner to construct an
alternative detention basin. In the event this occurs, the
Developer agrees not to protest the formation of an assessment
district, reimbursement district, or some other financing district,
if such a district is formed, which would spread the proportionate
share of the cost of constructing said facility among the property
owners benefiting from the facility, which may include the
Developer. Developer also agrees not to protest the formation of
an assessment district or other financing mechanism for the
maintenance of such facility, if established by the City. This
Agreement not to protest the inclusion of this public improvement
within an assessment district shall not be deemed a waiver of the
right to challenge the amount of any assessment which may be
imposed due to this improvement.
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If the Developer requests the City to form a reimbursement
district for the construction of the Detention Basin, the city
staff shall use its best efforts to process and present to the City
Council for its consideration the formation of such reimbursement
district to cover the areas in which the property owners have
agreed to such district and are serviced by the Detention Basin.
City shall use its best efforts to proportionately allocate the
cost of the construction of the Detention Basin among existing and
new development included with said district and that benefit from
the Detention Basin, as such benefit is determined in the City's
sole discretion. Such efforts may include subject to all
applicable laws including, without limitation, applicable public
hearing and approval requirements. City's obligation to consider
adoption of such reimbursement district shall be discharged by City
holding public hearings as required by the City's Municipal Code
and policies. City reserves the right to approve or disapprove
such a district in its sole and unfettered discretion and city's
disapproval thereof shall not constitute a default hereunder.
5. security for Performance.
5.1 Bonds. Developer shall provide City with bonds approved
by the City Attorney for a series of one year terms starting from
the date of issuance of the first grading permit for the Project,
including the construction of the Detention Basin, to guaranty the
maintenance and siltation removal obligations described in this
Agreement and in such amounts more fully set forth in Exhibit "C".
The Bond(s) shall be issued by a surety with a Bests A-V rating or
better and shall be in a form approved by the City Attorney. The
City Engineer, will review Developer's security provided herein
every year, when the bond expires and must be renewed by Developer.
The City recognizes bonds are issued for a one year period,
however it will be the responsibility of Developer to ensure that
at no time will Developer leave a gap in providing security for its
outstanding obligations. Developer understands and agrees that the
City shall not issue any building permits for the Project if the r
bonds or cash deposit has not been delivered or approved as
sufficient by the City or said bonds have not been renewed.
At the bond renewal time, the City Engineer may reduce the
bond requirement by an appropriate amount determined by the City
Engineer if it is determined by the City Engineer that said
obligations have been reduced. In addition, Developer may request
that another form of equivalent security, such as a letter of
credit or cash, acceptable to the City in its sole discretion, be
substituted for the bonds described herein. Developer understands
and agrees that such substitution is in the sole discretion of the
City.
5.2 Reduction of Cash or Bonds. In the event that the annual
Maintenance costs are reduced, the City Engineer shall review at
Developer's request, a reduction of the amount of any deposit
8
l1 ~ ) S
and/or Maintenance Bond required by this Agreement. The City shall
not unreasonably withhold approval of such request provided however
Developer's obligations are adequately secured as determined by the
City Engineer in his sole discretion.
6. Building Permits. Developer understands and agrees that the
performance of Developer's obligations hereunder is required for
the health and safety of the residents of the City of Chula Vista.
Therefore, Developer agrees that the City shall have the absolute
and unfettered right to withhold the issuance of any building
permit for any residential units within the Project if the
Developer is determined by the City not to be in compliance with
the terms of this Agreement. If the Developer is determined by the
City not to be in compliance with any term of this Agreement, the
City shall notify the Developer of Developer's noncompliance and
provide the Developer with 30 days to cure said noncompliance.
7. Successors - Release.
7.1 Agreement Binding Upon Successors. This Agreement shall
be binding upon and inure to the benefit of the successors, assigns
and interests of the parties as to any or all of the real property,
described herein as the Project, until released by the mutual
consent of the parties.
7.2 Agreement Runs with the Land. The burden of the
covenants contained in this Agreement ("Burden") is for the benefit
of the Project and the City, its successors and assigns and any
successor in interest thereto. City is deemed the beneficiary of
such covenants for and in its own right and for the purposes of
protecting the interest of the community and other parties public
or private, in whose favor and for whose benefit of such covenants
running with the land have been provided without regard to whether
City has been, remained or are owners of any particular land or
interest therein. If such covenants are breached, the City shall
have the right to exercise all rights and remedies and to maintain -'
any actions or suits at law or in equity or other proper proceed-
ings to enforce the curing of such breach to which it or any other
beneficiaries of this agreement and the covenants may be entitled.
7.3 Release of Individual Lots. Each lot or parcel
encumbered by this Agreement may, in the City Manager's (or
Manager's designee) discretion, be automatically released from the
encumbrance hereof upon the issuance of a building permit in
conformance with the Tentative Map and/or Final "B" Map with
respect to such lot or parcel or upon the conveyance of any such
lot or parcel to a homeowner or homeowners association. The City
Manager (or Manager's designee) shall not withhold consent to such
release so long as the City Manager (or Manager's designee) in good
faith finds that the Developer is in compliance with the terms of
this Agreement and that such partial release will not jeopardize
the City's assurance that the obligations set forth in this
9
~"/LI
Agreement will be performed. Notwithstanding the foregoing, at the
close of an individual homeowner's escrow on any lot or parcel
encumbered by this Agreement, such lot or parcel shall be
automatically released from the encumbrance hereof. In the event
the City Manager (or Manager's designee) agrees to the Release, or
escrow closes on any individual homeowner's lot or parcel, at the
request of Developer or any successor in interest who owns any such
lot or parcel, the City Manager (or Manager's designee) shall
execute an instrument drafted by Developer in a recordable form
acceptable to City Manager (or Manager's designee) which confirms
the release of such lot or parcel from the encumbrance of this
Agreement.
8. Miscellaneous Provisions.
8.1 Attorneys' Fees. In the event that either Party
commences litigation for a specific performance or damages for
breach of this Agreement, the prevailing party shall be entitled to
a judgment against the other for an amount equal to reasonable
attorneys' fees and court costs incurred.
8.2 Indemnification. Developer further understands and
agrees that City, as indemnitee, or any officer or employee
thereof, shall not be liable for any injury to person or property
occasioned by reason of the acts or omissions of Developer, its
agents or employees, or indemnitee, related to the construction of
the Detention Basin and Developer's maintenance activities,
including the removal of siltation. Developer further agrees to
protect and hold the City, its officers and employees, harmless
from any and all claims, demands, causes of action, liability or
loss of any sort, because of or arising out of acts or omissions of
Developer, its agents or employees, or indemnitee, related to the
construction of the Detention Basin and Developer's maintenance
activities, including the removal of siltation. The approved
improvement securities, including the cash deposit or letter of
credit, referred to above shall not cover the provisions of this ~'
paragraph. Such indemnification and agreement to hold harmless
shall extend to damages to adjacent or downstream properties or the
taking of property from owners of such adjacent or downstream
properties as a result of Developer's construction, maintenance and
siltation removal activities as provided herein. It shall also
extend to damages resulting from diversion of waters, change in the
volume of flow, modification of the velocity of the water, erosion
or siltation, or the modification of the point of discharge as the
result of the construction of the Detention Basin and maintenance
activities, including the removal of siltation. The approval of
plans for the Detention Basin and any related improvements shall
not constitute the assumption by City of any responsibility for
such damage or taking, nor shall city, by said approval, be an
insurer or surety for the construction of the Detention Basin and
any related improvements. The provisions of this paragraph shall
become effective upon the execution of this Agreement and shall
10
I ./
\.::~l~
remain in full force and effect regardless of the City's acceptance
of the Detention Basin.
8.3 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 and any and all other prior or
contemporaneous oral or written agreements are hereby superseded.
This Agreement may be amended, but only pursuant to a written
amendment properly authorized and executed by both parties hereto.
8.4 Compliance with 'Laws. In the performance of its
obligations under this agreement Developer shall comply with any
and all applicable federal, state and local laws, regulations,
policies, permits and approvals.
8.5 Exhibits. All attached Exhibits referred to herein are
hereby incorporated herein by this reference.
8.6 Term. This agreement shall remain in effect for so long
as either party has executory obligations hereunder.
8.7 Recording. The parties hereto shall cause this
Agreement to be recorded in the Official Records of the County of
San Diego.
8.8 Assignment. The obligations of the Developer under this
Agreement shall not be assigned in whole or in part, without the
express written consent of the City.
8.9 Authority of Signatories. Each signatory and party
hereto hereby warrants and represents to the other party that it
has legal authority and capacity and direction from its principal
to enter into this Agreement, and that all resolutions and/or other
actions have been taken so as to enable it to enter into this
Agreement.
-'
H:\Ho8e\Attorney\Detent.1
&-I(¿;
11
SIGNATURE PAGE TO
DETENTION BASIN AND SILTATION AGREEMENT
IN WITNESS WHEREOF, City and Developers have executed this
Agreement this day of , 199 .
-
CITY OF CHULA VISTA McMILLIN-D.A. AMERICA
OTAY RANCH, LLC, a Delaware
limited liability company
By: McMILLIN OTAY RANCH,
Shirley Horton INC., a California
Mayor corporation
Attest:
By:
Beverly Authelet Name:
City Clerk Title:
Approved as to form by
City Attorney
Approved as to form by (TO BE NOTARIZED)
~ '
Attorney for Developer
H:\Ho.e\Attorney\Detent.1
G, /7
12
~ ,--- '---"-.---. ---'-'-----_.._- -
I CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT No, 5907
I ~~ " " "
State of CALIFORNIA
I '
I County of SAN DIEGO
On MARC'.H 2~ r 1 QQR before me, CAROL L. BOND ,
I DATE NAME, TITLE OF OFFICER. E,G" "JANE DOE, NOTARY PUBLIC"
personally appeared Craig T. Fukuyama and Robert A. Pletcher
, ,
NAME(S) OF SIGNER(S)
I [iJ personally known to me - OR - 0 proveJ lu lilt:: un th-&-b::l~i~ of satisfactory evirl~nce
to be the person(s) whose name(s) Ware
r subscribed to the within instrument and ac-
knowledged to me that ~¥e/they executed
the same in ~/~/their authorized
I capacity(ies), and that by ~/~r/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
I Jï: ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~f person(s) acted, executed the instrument.
, Á~ CAROL L. BOND
I ~ If., L{;~ ' COMM" # 1028é~6 z
"'- \" 'f "J}%- NQlary Puohc - California ~
Z, '::::"Lr.': SAN DIEGO COUNTY -
~ ~: MYCOmm,EXPireSJUNs.1991 '
~ ~.......... ~ ....-<IV"'¥"'.... .. .... ~ ...... ....
r
I OPTIONAL \
I
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent ~
fraudulent reattachment of this form.
1 ~ CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT t\i
0 INDIVIDUAL
i ~ 0 CORPORATE OFFICER
I
TITLE OR TYPE OF DOCUMENT
TITlE(S)
0 PARTNER(S) 0 LIMITED
I 0 GENERAL
I 0 ATTORNEY-iN-FACT
0 TRUSTEE(S) NUMBER OF PAGES
0 GUARDIAN/CONSERVATOR
, 0 OTHER:
I DATE OF DOCUMENT
" .
SIGNER IS REPRESENTING:
,~ NAME OF PERSON(S) OR ENTITY(IES)
[ SIGNER(S) OTHER THAN NAMEO ABOVE
.
~~~~<,,~Í~~.<?'~~
101993 NATIONAL NOTARY ASSOCIATION' 8236 Remmel Ave., P.O. Box 7184' Canoga Park. CA 91309-7184
-CA 15-
.
LIST OF EXHIBITS
EXHIBIT "A"................;........ .Legal Description
EXHIBIT "A-l"........................Project Plat
EXHIBIT "B"..........................partial Conditions Approving
Project's Tentative Map
EXHIBIT "C"..........................security Requirements
- '
&'(1
5É~. 13. : =57 9:04~i1 ~O.558 i-'..;;/cl
.~
EX1fJ.ß IT 'A'
LEGAL DESCRJPTION
PARCELl
BEING A PORTION OF QUARTER SECTION 11 AND Ä PORTION OF QUARTER SECI'ION 12 OF RANCHO DE
LA NACION. IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. ACCORDING TO MAP THEREOF NO.
166. BY MORRILL FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 1,
1869. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUI'HEASTERLY COJUrcl{ OF FRACTIONAL QUARTER SECTION 13; THENCE
. -\L ON G THE S 0 UTHERL Y J...1NE OF S AID FRA CTI 0 N AL Q U AR TER
SOUTH 71 C>57'24" WEST 2600.99 FEET TO TrlE SOUTHWESTERLY CORNER OF SAID FRACTIONAL
QUARTER.; T.dENCE ALONG THE WESTERLY LINE TBEREOF
NORTH 17°51'21" WEST 4171.11 FEET TO THE SOUTHWESTERLY CORNER. OF' SAID QUARTBR
SECTION 11; TEE.~CE CONTINUING ALONG THE WESTERLY
LINE THEREOF
NORm 17°51'21" WEST 201.45 FEIIT TO THE TRUE POINT OF BEG1NNING; THENCE CON'I'lNUING
NORTH 171051'21" W"tST 1677.69 FEET TO THE SOt¡'1EERLY RIGHT-OF-WAY LINE OF TELEGRAPH
CANYON ROAD AS DESCRlBED IN PARCEL NO, 66141-A IN
DEED RECORDED ..\PR1L 18. 1967 AS FILE NO, 53304 OF
OFFICIAL RECORDS; TrlENCE ALONG SAID RIGHT-OF-WAY
NORTH 42°03'10" EAST 426.71 ~ET ; THENCE
SOULd 47°56'50" EAST 0.04 FEET TO THE BEGINNlNG OF A NON-TANGENT !933.00-FOOT
RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE
TO SAID POTh". BEARS NORTH 47°52'57" WEST; THENCE
ALONG THE ARC OF SAID CURVE
NOR THEASTERL Y 707.61 r-r.ET THROUGH A CENTRAL ANGLE OF 20058'27"; THENCE
TANGENT TO SAID CURVE
NORTH 63°05'30" EAST 1341.68 FEET ; THENCE
SOUTH 2fj052'33" EAST 0.6.5 FEET ; THENCE
NORm 63°07'26" EAST 154.45 FEET TO TEE BEG1NNIN"G OF A TANGENT 1933.00-FOOT RADIUS
CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID
POINT BEARS NORTH 26°52'34" WEST; THENCE ALONG THE
ARC OF SAID CURVE -,
NORTHEASTER!.. Y 89.77 FEET THROUGH A CENTRAL A.~GLE OF 02°39'40" TO THE EASTERLY
LINE OF SAID QUARTER SECTION 11; THENCE LEAVING SAID
CURVE ALONG THE EAS'!ERL Y LINE THEREOF
SOUTH 17°52'24" EAST 3694.6.5 F'I='-ET TO THE BEGINNING OF A NON-TANGENT 500.0~FOOT RADIDS
CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID
CUR. VE B EARS NORm 2,5040' 03 " EAST, SAID POINT B BINGA
DISTANCE OF 1107.47 PEEr SOUI'HERLY OF THE
NOR'IHEASTERLY CORNER OF SAID QUARTER SECTION 12;
THENCE ALONG 'IRE ARC OF SAID CURVE
NOR THWES TERL Y 131.37 þ'::;::'T THROUGH A CENTRAL ANGLE OF 15003'14"; THENCE
TANGENT TO SAID CURVE
NORTH 79°23 'II" WEST 2461,02 FEET TO THE BEGINNING OF A TANGENT 6O0.oo..FOQT RADIUS
CURVE CONCAVE SOUTHERLY; THENCE ALONG THE ARC OF
SAID CURVE
NORTHWES'IERL Y 342.82 FEET THROUGH A CENTRAL ANGLE OF 32°44' 13" TO THE TRUE
POINT OF BEGINNING. y
CONTAINS 162.960 ACRES MORE OR LESS
(ø,Ò 0
1
'...-~....._., ,-
;:;=..r...."::._==r =,. ;Q4rii' ; 'v. ~-,Q r , ...' '-...
PARCEL 2
BEING A PORTION OF QUARTER SEmON 11, A PORTION OF QUAR'l.cR SECTION 12 AND A PORTION OF
FRACTIONAL QUAR'ŒR SECTION 13 OF RANCHO DE LA NACION. IN THE COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA., ACCORDING TO MAP THEREOF NO. 166. BY MORRILL FILED IN THE OFFICE OF THE
CO'IJ'Ñ"TY RECORDER OF SAN DIEGO COUNTY, MAY I, 1869, BEING MORE PARTICUL\RLY DESCRIBED A5
FOLLOWS;
CO!v!ME.)'KJNG AT THE SOtrrnEAsTERLY CORNER OF FRACTIONAL QUARTER SECTION 13; THENCE
ALONG T.dE SOUTHERLY LINE OF SAID FRACTIONAL QUARTER.
SOLT."¡ 71 °57'24" WEST 2600,99 FEET TO THE SOl.JTHWESTERL Y CORNER OF SAID FRACI'IONAL
QUARTER SEC110N 13; THENCE ALONG 7.dE WESTERLY LINE
THEREOF
R1:~ 17°51 '21" vrr.ST 1272.13 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING A
DISTANCE OF 263.21 FEET SOUI'EERLY OF THE
SOUI'HWES'IERL Y CORNER OF SAID QUARTER SECI'ION 12;
THENCE CONTINUE ALONG THE WESTER!.. Y LINE THEREOF
NORT..~ 17°51'21" WEST 3100.43 t'.!;:.l:;T TO THE BEGINNING OF A NON-TANGENT 6O0,Oo-FOOT
RADIUS CURVE CONCAVE SOUI1ŒRL Y. A RADIAL LINE TO
SAID POINT BEARS NORTH 22°07'24" WEST, SAID POINT ALSO
BEING A DISTANCE OF 201.45 FEET NORTHERLY OF THE
NORTHWESTERLY CORNER OF SAID QUARTER SBcrION 12;
THENCE LEA V1NG SAID WESTERLY LThΠALONG THE ARC OF
SAID CURVE
EASr~ Y 342,82 FE...>=T THROUGH A CENTRAL ANGLE OF 32Q44'13"; THENCE
TANGENT TO SAID CURVE
SOUTH 79°23' 11" EAST 2461.02 F.t=..!:l' TO THE BEGINNING OF A TANGE.~ 500.00-FOOT RADIUS
CURVE CONCAVE SOU'IEWES'IERLY: THENCE ALONG THE
ARC OF SAID CURVE
SOUT..-EASTERL Y 131.37 FEET THROUGH A CENTRAL ANGLE OF 15QO3'14" TO THE
EASTERLY LJNE OF SAID QUARTER SECTION 12, SAID POINT
BEING A DISTANCE OF 1107.47 FEET SOUIHERLY OF THE
NORTHEAsTERLY CORNa OF SAID QUARTER SECI10N 12;
THENCE ALONG SAID EASTERLY UNE THEREOF ~'
sour.-I 17"52'24" EAST 922.18 FEET TO A POTh'T BEING 598.00 FEET NORTHERLY OF THE
SOUTHEASTERLy CORNER OF QUARTER SECTION 12;
THENCE LEA VIN Q SAID EASTER!. Y LINE
SOUI'H 52°21'27" WEST 611.39 FEET TO TEE BEGINNING OF A TANGENT 3500,OO-FOOT RADIDS
€URVE CONCAVE SOUTHE.ASTERLY~ THENCE ALONG TIm
ARC OF SAID CURVE
SOU11IWESTERL Y 288.16FEET THROUGH A CENTRAL ANGLE OF 04Q43'Q2"; THENCE
TANGENT TO SAID CURVE
SOUTH 47°38'25" WEST 581.33 FEET TO THE BEGINNING OF A TANGENT 2S00,OO~FOOT RADIUS
CURVE CONCAVE NORTHWESTERLY; THENCE ALONG T8E
ARC OF SAID CUR VB
SOUI'HWESTERL Y 621.73 FEET THROUGH A CENTRAL ANGLE OF 14°14'56"; THENCE
TANGENT TO SAID CURVE
SOUTH 61°53'21" WEST 647.78 FEET TO THE TRUE POINT OF BEGINNING
~
CONTAINS 126.945 ACRES MORE OR LESS
CJ ' J I
2
~..LUGI.
'--"""'.....,'-',.'".,..,...,..','.~,.".,-,,':.<.'.';'..:,.-':,',C'.",:'..:. " " -,
EXHIBIT "B"
PARTIAL CONDITIONS APPROVING PROJECT.' S TENTATIVE MAP
43. Prior to approval of (1) the first fin~1 "8" Map or grading permit whichever occurs first
for land draining into the Poggi Canyon or (2) the first final "B" Map or grading permit whichever
occurs first for land draining into the Telegraph Canyon Channel, the developer shall:
.
a. Guarantee the construction of the applicable drainage facility, unless otherwise
approved by the City Engineer as follows:
1. Runoff detention/desilting basin and naturalized channel in Poggi Canyon;
or .
2. Runoff detention 8asin in Telegraph Canyon Channel.
The Developer may agree to construct these facilities at a later time if approved
by the City Engineer and if the developer provides private temporary runoff
detention basins or other facilities, approved by the City Engineer, which would
reduce the quantity of runoff from the development to an amount equal to less
than the present 1 OO-year peak flow. Said temporary facilities shall comply with
all the provisions of the National Pollutant Discharge Elimination System (NPDES)
and the Clean Water Program. Prior to issuance of any grading permit which
approves any temporary facility, the developer shall enter into an agreement with
the City to guarantee the adequate operation and maintenance (0 & M) of said
facility. The developer shall provide security satisfactory to the City to guarantee
the 0 & M activities, in the event said facilities are not maintained to City
standards as determined by the City Engineer.
The developer shall be responsible for obtaining all permits and agreements with ..
the environmental regulatory agencies required to perform this work.
b, Prepare a maintenance program including a schedule, estimate of cost, operations
manual and a financing mechanism for the maintenance of the applicable facilities.
Said program shall be subject to approval of the City Engineer, the Director of
Parks and Recreation, and the applicable environmental agencies,
c. Enter into an agreement with the City of Chula Vista and the applicable
environmental agencies (Fish and Game, Fish and Wildlife) wherein the parties
agree to implement the maintenance program.
.
d. Enter into an agreement with the City where the developer agrees to the following:
L Provide for the maintenance of the proposed detention basin in Telegraph
Canyon and the proposed naturalized channel and detention basin in Poggi
Canyon until such time as maintenance of such facilities is assumed by
the City or an open space district.
~Aà3
-1- - 12/03197
DrnNTlON.agr .X
, .
.
2. Provide for the removal of siltation in (1) the Telegraph Canyon detention
basin and (2) Poggi Canyon Channel and detention basin until all upstream
grading of the area contained within the tentative map is completed and
erosion protection planting is adequately established as determined by
the City Engineer and Director of Parks and Recreation.
3. Provide for the removal of any siltation in (1) the Telegraph Canyon
detention basin' and (2) Poggi Canyon Channel and detention basin
attributable to the development for a minimum period of five years after
City acceptance of the landscaping improvements.
44. Enter into an agreement with the City, prior to approval of the first final "8" Map or grading
permit whichever occurs first for land draining into the existing Telegraph Canyon Channel, where
the developer agrees to perform the following activities within the portion of said existing channel
extending from Pas eo Ladera to the eastern subdivision boundary:
a. Provide for the removal of siltation until all upstream grading of the area contained
within the tentative map is completed and erosion protection planting is adequately
established as determined by the City Engineer and Director of Parks and
Recreation.
b. Provide for the removal of any siltation attributable to the development for a
minimum period of five years after City acceptance of the landscaping
improvements.
~'
.
OETENTlON.agr,x -2- ~ -ð-l( , 2103/97
E X H I BIT "C"
SECURITY REQUIREMENTS
DETENTION BASIN AND SILTATION AGREEMENT
1. CONSTRUCTION OF DETENTION BASIN (Paragraph 2.b of the agreement)
* Grading Bond Bond (term = 1 year) in the amount of$211,671 to
be submitted prior to the issuance of the first
grading permit.
2, CONSTRUCTION WARRANTY OF DETENTION BASIN (Paragraph 2.d of
the agreement)
* Warranty Bond Bond (term = 1 year) in the amount of$31,751 to be
submitted prior to final acceptance of the permanent
detention basin by the City.
3. MAINTENANCE OF DETENTION BASIN (paragraph 2,e of the agreement)
* Maintenance Bond Bond (term = 5 years) in the amount of$18,750 to
be submitted prior to the issuance of the fITst
grading permit. At the request of the developer the
City may allow the bond to be reduced annually by
10% per year and released completely after
acceptance of the maintenance obligations by the
City or a maintenance district.
4. MAINTENANCE AUTHORITY FOR DETENTION BASIN (paragraph 2,g of
the agreement) - ~
* Cash Deposit Cash deposit or letter of credit in the amount of
$160,000 to be submitted prior to issuance of the
first grading permit,
5. REMOVAL OF SILTATION (Paragraph 3.b of the agreement)
* Cash Deposit Cash deposit or letter of credit in the amount of
$50,000 to be submitted prior to the issuance of the
fIrst grading permit.
* Maintenance Bond Bond (series of one year terms) in the amount of
$180,000 to be submitted prior to the issuance of
the fITSt grading permit. 9
H:\HOME\ENGINEER\LANDDEVIOTA YRNCH\OR73.LDT
l:, ~~~
COUNCIL AGENDA STATEMENT
Item~
Meeting Date: 03/31/98
ITEM TITLE: Resolution I fq ~S- Approving transfer of unanticipated Asset
Seizure Funds to the General Fund and appropriating said funds for
payment of fees and outfitting costs associated with the purchase of
a replacement asset seizure vehicle.
/)
SUBMITTED BY: Chief of POli~L~ ~
REVIEWED BY: City Manager ~ ~ ß
(4/5ths Vote: YeslL No_)
The Comprehensive Crime Control Act of 1984 provides for the distribution of seized and
forfeited assets to the agencies participating in the investigation which resulted in the
seizure. These funds are disbursed to supplement the effectiveness of law enforcement
agencies,
RECOMMENDATION: Approve transfer of unanticipated Asset Seizure Funds and
appropriate said funds for payment of fees associated with the purchase of an asset
seizure vehicle and associated outfitting costs.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable
BACKGROUND:
On October 12, 1984, the Comprehensive Crime Control Act of 1984 was signed into law.
As a result of this law, any state or local law enforcement agency that directly participates
in an investigation or prosecution that results in a federal forfeiture may request an
equitable share of the net proceeds of the forfeiture. The primary purpose of the forfeiture
program is to deter crime by depriving criminals of the profits and proceeds of their illegal
activities; therefore, weakening criminal enterprises. Most equitable sharing is the result
of federal, state and local law enforcement joint investigations. The use of the funds
collected are subject to federal regulations. As a result, the City has an Asset Forfeiture
(Seizure) Account to track and collect the funds received from the distribution of federally
seized and forfeited assets, These funds may be used for purchase of equipment and
certain law enforcement activities. Funds collected from asset seizure activity vary
annually.
1../ /
Page 2, Item -
Meeting Date: 03/31/98
DISCUSSION:
Fund 218, the Asset Seizure Program, partially funds activities related to the Narcotics
Enforcement Team (NET) of the Police Department's Investigative Division (100/1050).
Additionally, Fund 218 includes $3,015 from the sale of three asset seizure vehicles earlier
this year. These vehicles were beyond economic repair and sold at auction. Staff expects
Fund 218 to exceed the revenue projection of $130,000 for FY 97-98. This projection is
based on a total of $214,765 (includes interest income and sale proceeds), which has
been collected as of March 5, 1998,
The Police Department proposes to use the sale proceeds in the account ($3,015) to
purchase an asset seizure vehicle. The vehicle will be purchased from United States
Marshal's Office and transferred to the City, Forfeiture of the vehicle was a result of a joint
investigation (Log 664) conducted by the City and the Drug Enforcement Administration
(DEA.) Pursuant to equitable sharing guidelines, the Police Department has the option of
purchasing the vehicle by paying the U.S, Marshal's Office for their federal share and
associated storage fees. The total payment due to the Marshal's Office is an estimated
$2,429. This amount includes $323 for storage and asset management fees, The
remaining funds ($586) will be used to outfit the vehicle for undercover use. Because the
vehicle will be used in police undercover operations, the make and model, or other details
about the vehicle, are not disclosed in this agenda statement. The Police Department and
the Fleet Manager have inspected the vehicle and recommend purchase of the vehicle.
The vehicle is in excellent condition and has an estimated net worth value of $12,500. In
the event the vehicle is not purchased by the Police Department, the vehicle will be sold
at auction, and the net sale proceeds will be distributed equitably among the Marshal's
Office and the City.
FISCAL IMPACT:
Asset seizure funds are used to partially offset Police Operations. Revenues from asset
seizure funds will exceed the revenue projection of $130,000 for FY 97-98. As of March
5, 1998, a total of $214,765 has already been collected. These revenues may be used to
offset NET costs for purchase of police equipment. As a result, staff is recommending
$3,015 (from the sale proceeds) be transferred from Fund 218 Asset Seizure Program to
the General Fund and appropriations for the same amount be approved into account
100-1050-5568 to pay for the costs associated with the asset seizure vehicle to be
purchased. This vehicle replaces one of three asset seizure vehicles sold at auction
earlier this fiscal year, As a result, maintenance costs are included in the current police
budget.
[F:\usr\admin\scs\a113s\geo113.wpd]
1;1)-
RESOLUTION NO. /frCJ 3š.-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING TRANSFER OF UNANTICI-
PATED ASSET SEIZURE FUNDS TO THE GENERAL FUND
AND APPROPRIATING SAID FUNDS FOR PAYMENT OF
FEES AND OUTFITTING COSTS ASSOCIATED WITH THE
PURCHASE OF A REPLACEMENT ASSET SEIZURE
VEHICLE
WHEREAS, the Comprehensive Crime Control Act of 1984
provides for the distribution of seized and forfeited assets to the
agencies participating in the investigation which resulted in the
seizure; and
WHEREAS, these funds are disbursed to supplement the
effectiveness of law enforcement agencies; and
WHEREAS, Fund 218, the Asset Seizure Program, partially
funds activities related to the Narcotics Enforcement Team (NET) of
the Police Department's Investigative Division (100/0150); and
WHEREAS, Fund 218 includes $3,015 from the sale of three
asset seizure vehicles earlier this year, which vehicles were
beyond economic repair and sold at auction; and
WHEREAS, the Police Department proposes to use the sale
proceeds in the account ($3,015) to purchase an asset seizure
vehicle from the United States Marshal's Office and transfer it to
the City; and
WHEREAS, pursuant to equitable sharing guidelines, the
Police Department has the option of purchasing the vehicle by
paying the U. S. Marshal's Office for their federal share ($2,429)
and associated storage fees ($323) with the remaining funds ($586)
being used to outfit the vehicle for undercover use; and
WHEREAS, the Police Department and the Fleet Manager have
inspected the vehicle and recommend purchase of the vehicle as it
is in excellent condition and has an estimated net worth value of
$12,500.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve the transfer of $3,015 from
Fund 218 Asset Seizure Program to the General Fund and
appropriations for the same amount be approved into Account 100-
1050-5568 to pay for costs associated with the asset seizure
vehicle to be purchased.
Presented by Approved as to form by
kL<
Richard Emerson, Chief of
Police
C:\rs\asset.car
fr3::,
COUNCIL AGENDA STATEMENT
Itemk
Meeting Date 3/31/98
ITEM TITLE: Resolution 18'13~ Transferring funds (from PR-162 to PR-163),
accepting bids and awarding contract for the "Parkway Community Center
Remodel, in the City of Chula Vista, CA." Phase II Project (PR-163) from
Project PR-162
SUBMITTED BY: Director of Public Works ~
Director of Parks and Re~
REVIEWED BY: City Manager ~ ~ --? (4/5ths Vote: Yes_No..xJ
At 2:00 p.m. on February 25, 1998 in Conference Rooms 1, the Director of Public Works
received sealed bids for the "Parkway Community Center Remodel, in the City of Chula Vista,
CA." Phase II Project (PR-163). The work to be done consists of the installation of heating/air
conditioning and ventilation, modifications to restroom and other rooms to conform with Americans
With Disabilities Act (ADA) requirements, and the construction of all other miscellaneous items of
work as shown on the plans.
RECOMMENDATION: That Council approve the resolution transferring $21,000 from
Parkway Community Center Remodel Phase I (PR-162) to the proposed Phase II project (PR-163)
and accepting bids and awarding a contract to Lesicka and Joy Construction, San Diego, CA, in
the amount of $105,776.00 for the "Parkway Community Center Remodel."
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Funding for this project was budgeted during the FY 1997-98 Capital Improvement Program (CIP)
budget process. This project was budgeted as Phase II of the Parkway Complex renovation to add
ventilation, heating and cooling to the office areas and to provide ADA modifications to restrooms
and other rooms.
Pending the award of the contract by the City Council, construction is currently scheduled to
begin May 4, 1998. Staff will coordinate the work with the contractor to hold the disruption of
the Parkway Complex to a minimum. The contractor is required to complete the construction
before the expiration of sixty working days.
The project was advertised for a period of four weeks and plans were purchased by 21
contractors, and on the bid opening date we received six bids, shown below:
8-/
Page 2, Item
Meeting Date 3/31/98
Contractor Bid Amount
Lesicka and Joy Construction, San Diego $105,776.00
Mertz Construction Co., Chula Vista $108,293.76
Healey Construction Company, Coronado $109,039.00
Fordyce Construction, Santee $113,000.00
Precise Cons. Management, San Diego $113,950.00
Knight Construction, San Diego $115,483.23
The low bid by Lesicka and Joy Construction, is above the Architect's estimate of $100,000 by
$5,776.00 or by 6%, The estimate in the CIP for the construction was $87,200 and it was
calculate dprior to preparation of plans and specifications. The Architect's estimate is prepared
after plans and specificaitons and just prior to advertising for bids and is, therefore, usually more
accurate. The Architect's estimate was based on current bid prices for similar projects. It is our
opinion that staff received acceptable bids for the project. We have verified the contractor's license
and other qualifications and determined that they are in good order. The low bidder has satisfactorily
met all the requirements. We, therefore, recommend awarding the contract to Lesicka and Joy
Construction, San Diego.
Disclosure Statement
A copy of the contractor's Disclosure Statement is attached.
Prevailin~ W a~e Statement
This project is a federally assisted construction project under the Community Block Grant H. U. D.
Program. Based on the current project funding guidelines, the Federal Department of Labor
prevailing wage scales apply.
Environmental Status
The City's Environmental Coordinator has reviewed the work involved in this project and
determined that the project is exempt under Section 15301(c), Class I of the California
Environmental Quality Act (CEQA).
6';-
Page 3, Item
Meeting Date 3/31/98
FISCAL IMP ACT:
Financial Statement
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount $105,776,00
B. Contingencies $ 6,145.36
C. Staff Cost - Inspection and Design(Unencumbered) $ 6,000.00
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $117,921.36
FUNDS AVAILABLE FOR CONSTRUCTION
A. 653-6530-PR-163 - Project Accounts $ 5,440,26
B. 654-6540-PR-163 - Project Accounts $ 91,481.10
C. 649-6490-PR-162 - Parkway - Phase I (Fund Transfer) $ 7,500.00
D. 600-6004-PR-162 - Parkway - Phase I (Fund Transfer) $ 13,500.00
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $117,921.36
Funding for this project was budgeted in the FY 97-98 CIP budget. The project as currently
budgeted will utilize Community Development Block Grant Funds (CDBG). Budgeted funds do not
adequately fund the proposed construction bid, contingency, and staff services costs.
Additional funds are available in the Parkway Complex Renovation - Phase I (PR-162) CIP Project
which is now completed. Savings were accomplished in Phase I due to:
1. Savings in the design phase; and
2. Savings in the contingency funds.
Parkway - Phase I (PR-162) contains available funding in both CDBG and Park Acquisition and
Development (PAD) Funds. The action requested tonight is to transfer these funds from PR-162
(parkway - Phase I) to PR-163 (Parkway - Phase II) and would allow staff to expend these funds
for the construction work. The project will require only routine City building maintenance upon
completion.
Exhibit A - Contractor's Disclosure Statement NOT SCANNED
Exhibit B - Memo from Community development approving contractor NOT SC~"NED
File #O654-6540-PR-163
H:\HOME\ENGINEER\AGENDA \PRI63.JRH
?,3
THE CITY OF CHULA VISTA DISCLOSURE STATEMENT Exhibit A
You are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign contributions,
on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official
bodies. The following information must be disclosed:
1. List the names of all persons having a financial interest in the property which is the subject of the application or the Contract
, e.g., owner, applicant, Contractor, subcontractor, material supplier.
~I,) ,,<--
2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more
than 10% of the shares in the corporation or owning any partnership interest in the partnership.
,..) 0 ",--
.
3. If any person* identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as
director of the non-profit organization or as trustee or beneficiary or trustor of the trust.
~c>r-.I.. ,
,
4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions,
Committees, and Council within the past twelve month? Yes - No /' If yes, please indicate person(s):
5. Please identify each and every person, including any agents, employees, consultants, or independent Contractors who you
have assigned to represent you before the City in this matter.
t-.J C!:> "1....1-
6. Have you and/or your officers or agents, in ~ggregate, contributed more than $1,000 to a Council member in the current
or preceding election period? Yes - No - If yes, state which Council members(s):
.
,
Date: 1.. /'" Ç" / ~ ~
/ I
Kto(.. H.L...~S'\C-~ Lc:.':~c lc:.......1- \",.../C()...d-.
Print or type name of'Contractor/Applicant /
* Person is defined as: "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization,
corporation, estate, trust, receiver, syndicate, this and any other county, city or country, city municipality, district, or other political
subdivision, or any other group or combination acting as a unit.
<ö ~LI 45
Exhibit B
MEMORANDUM
March 13, 1998
TO: Jim Holmes, Civil Engineer - Engineering Department
FROM: Judith Foland, Community Development Specialist ,)ç:-
SUBJECT: Minority and Women Enterprise Construction Program -
Parkway Complex (PR163)
I have reviewed the Lesicka & Joy bid proposal for compliance with the City's
Minority and Women Business Enterprise Construction Program and have
determined that the contractor has provided the necessary documentation to indicate
that the company plans to achieve the City's goals for minority and women business
enterprise participation.
Please call me at extension 5036 if you have any questions,
cc: Dick Thompson, Building Projects Supervisor
?,(
RESOLUTION NO. 1~31,
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA TRANSFERRING FUNDS (FROM PR-162 TO
PR-163), ACCEPTING BIDS AND AWARDING CONTRACT
FOR THE "PARKWAY COMMUNITY CENTER REMODEL, IN
THE CITY OF CHULA VISTA, CA." PHASE II PROJECT
(PR-163) FROM PROJECT PR-162
WHEREAS, at 2:00 p.m. on February 25, 1998 in Conference
Rooms 1, the Director of Public Works received the following six
sealed bids for the "Parkway Community Center Remodel, in the City
of Chula Vista, CA." Phase II Project (PR-163):
Contractor Bid Amount
Lesicka and Joy Construction, San Diego $105,776.00
Mertz Construction Co., Chula Vista $108,293.76
Healey Construction Company, Coronado $109,039.00
Fordyce Construction, Santee $113,000.00
Precise Cons. Management, San Diego $113,950.00
Knight Construction, San Diego $115,483.23
WHEREAS, the low bid by Lesicka and Joy Construction, is
above the Architect's estimate of $100,000 by $5,776.00 or by 6%,
and it is staff's opinion that the City received acceptable bids
for the project; and
WHEREAS, the low bidder has satisfactorily met all the
requirements and it recommended the contract be awarded to Lesicka
and Joy Construction, San Diego; and
WHEREAS, this project is a federally assisted
construction project under the Community Block Grant H.U.D. Program
and based on the current project funding guidelines, the Federal
Department of Labor prevailing wage scales apply; and
WHEREAS, the City's Environmental Coordinator has
reviewed the work involved in this project and determined that the
project is exempt under Section 15301(c), Class 1 of the California
Environmental Quality Act (CEQA).
1
Y-7/t ~ ~
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby accept the six bids and award the
contract to the low bidder, Lesicka and Joy Construction in the
amount of $105,776.00 for the "Parkway Community Center Remodel".
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
contract on behalf of the City of Chula vista.
BE IT FURTHER RESOLVED that the sum of $21,000 is hereby
transferred from Parkway Community Center Remodel Phase I (PR-162)
to the proposed Phase II Project (PR-163).
Presented by Approved as to form by
John P. Lippitt, Director of
Public Works
C:\rs\PR163
2
r¡'1
COUNCIL AGENDA STATEMENT
Item C)
Meeting Date 3/31/98
ITEM TITLE: Resolution /P137 Approving an extension of
the Gas and Electric franchises with San Diego Gas
and Electric for a 90 day interim period starting
on March 31, 1998, pending further city review and
~~~~~deration of a 5 Ye~ewal through March 31,
SUBMITTED BY: Assistant City Manager ~
REVIEWED BY: City Manager (4/Sths Vote: Yes- No-L)
The City's current franchises with San Diego Gas and Electric are
set to expire on March 31, 1998. Staff has been negotiating for a
five year extension to these franchises, which will grant the City
sufficient time to evaluate the effects of industry restructuring
on local utilities prior to entering into another, longer term
franchise. It is anticipated that negotiations will be completed
in the near future. However, to accommodate the public hearing
requirements, first and second reading of the ordinance and 30 day
period until its effectiveness, it is recommended that the existing
franchises be extended for an interim 90 day period.
RECOMMENDATION: That Council approve the resolution extending
the franchises for 90 days.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
The City's existing franchise agreements with SDG&E for electric
and natural gas utility service were adopted by Ordinances 1426 and
1427 in 1972. These franchises were initially set to expire on
December 1,1997, but were extended for 120 days pending completion
of negotiations. That extension expires on March 31, 1998.
With the pending expirations and the April I, 1998, start of a
competitive electricity market (per statewide electric utility
restructuring), staff and SDG&E have been negotiating the renewal
of those franchises. It is anticipated that negotiations will be
completed in the near future, with final discussions focusing on
the utility undergrounding program, the proposed SDG&E/Enova merger
with Pacific Enterprises and the related auction/divestiture of
power plants. To accommodate the public hearing requirements,
first and second reading of the ordinance and 30 day period until
its effectiveness, it is recommended that the existing franchises
be extended for an interim 90 day period.
Other than the term, the interim extensions being proposed would
not change any of the other provisions of the current franchises.
~ -1
Item , Page 2
Meeting Date 3/31/98
Pending approval of the new longer term agreement, SDG&E has agreed
that the existing franchise terms shall govern.
FISCAL IMPACT
The proposed action would allow the City to continue collecting
franchise fees during the interim period prior to renewal of a
franchise. SDG&E currently pays approximately $640,000 (electric)
and $300,000 (gas) per year in franchise fees.
Utility restructuring will have more significant fiscal impacts
independent of the status of these franchise. The primary impact
will be the possibility of reduced energy costs. If such reduced
costs are in fact realized, the City could see a proportionate
reduction in electric utility franchise fees. Per state law, non-
utilities selling power would be subject to an in-lieu franchise
fee. Since utility users taxes are tied to the kilowatt hours used
and not their retail price, this revenue source should not be
significantly impacted under restructuring.
A further discussion of the impacts of restructuring will follow
the completion of SANDAG's ongoing analysis of power pool options
and City analysis of various power pricing plans to achieve savings
in its own energy purchases.
jy\c:\\sdgel13.2
g,}-
RESOLUTION NO. ' ~q3ì
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN EXTENSION OF THE GAS
AND ELECTRIC FRANCHISES WITH SAN DIEGO GAS AND
ELECTRIC FOR A 90 DAY INTERIM PERIOD STARTING
ON MARCH 31, 1998, PENDING FURTHER CITY REVIEW
AND CONSIDERATION OF A 5 YEAR RENEWAL THROUGH
MARCH 31, 2003
WHEREAS, the City's current franchises with San Diego Gas
and Electric are set to expire on March 31, 1998; and
WHEREAS, staff has been negotiating for a five year
extension to these franchises, which will grant the City sufficient
time to evaluate the effects of industry restructuring on local
utilities prior to entering into another, longer term franchise;
and
WHEREAS, it is anticipated that negotiations will be
completed in the near future; and
WHEREAS, however, to accommodate the public hearing
requirements, first and second reading of the ordinance and thirty
day period until its effectiveness, it is recommended that the
existing franchises be extended for an interim 90 day period.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve an extension of the Gas and
Electric franchises with San Diego Gas and Electric for a 90 day
interim period starting on March 31, 1998, pending further city
review and consideration of a five year renewal through March 31,
2003.
Presented by Approved as to form by
.
Sid Morris, Assistant City
Manager
C:\rs\sdge.ext
g'6
COUNCIL AGENDA STATEMENT
Item I 0
Meeting Date 3/31/98
ITEM TITLE: Resolution) rq 3 g Approving the First Amendment to the Agreement
Between the County of San Diego and the City of Chula Vista Regarding
Jurisdiction Over and Operation of Otay Landfill
SUBMITTED BY:
REVIEWED BY: City Manager ~ ~ (4/5ths Vote: Yes_NoXJ
......
On May 15, 1996, the City Council entered into an agreement between the City ofChula Vista and
the County of San Diego known as the Agreement Between the County of San Diego and the City
of Chula Vista Regarding Jurisdiction Over and Operation of Otay Landfill (hereinafter referred to
as "Landfill Agreement"). As part ofthis Landfill Agreement, a landfill "buffer area" was created,
within which the City agreed to remove existing residential land use designations by May 15, 1998.
City staff has requested a 180-day extension ofthe May 15 date in order to allow completion ofthe
processing of applications by the Otay Ranch Company to amend land use designations in the same
geographic area. County staff supports the extension but requests that the agreement be modified,
Such an extension would constitute an amendment to the Landfill Agreement and must therefore be
approved by the City Council as well as the Board of Supervisors,
RECOMMENDATION: That Council adopt the resolution approving the First Amendment to
the Agreement Between the County of San Diego and the City ofChula Vista Regarding Jurisdiction
Over and Operation of Otay Landfill, and authorize the Mayor to execute same,
BOARDS/COMMISSIONS RECOMMENDATION: None,
DISCUSSION
Background
The Otay Landfill encompasses approximately 515 acres, and until 1997 was located within the
jurisdictional boundaries of the City of Chula Vista. In March of 1997, the County of San
I (J- J
Page 2, Item
Meeting Date 3/31/98
Diego, with the cooperation of the City ofChula Vista, de-annexed the Otay Landfill property from
the City of Chula Vista in accordance with the Landfill Agreement.
Among the provisions of the above-referenced Landfill Agreement is a condition (Section 6) which
requires the City ofChula Vista to, within 760 days of the date of the agreement, revise its general
plan, zoning, and other applicable land use regulations so that no residential uses are pennitted
within an area identified as the Otay Landfill Buffer Area (see Landfill Agreement, attached). This
buffer area is an area generally 1,000 feet from the working area of the landfill in Village 2 and
Village 2 West (see attached locator). According to the provisions of the Landfill Agreement, all
land use revisions must be completed by May 15, 1998.
Proposal
Staffhas commenced with the processing necessary to remove the subject residential designations
from the City's General Plan and the Otay Ranch General Development Plan (GDP) by the May 15,
1998 deadline. However, the City is also currently processing the Otay Ranch Company's proposed
amendments to the Otay Ranch SPA One West plan, which includes property contained within the
buffer area. Since the Otay Ranch Company's applications are anticipated to be presented to the
Council in July 1998, after the Landfill Agreement deadline, staff has requested that the County
approve an extension of the May 1998 deadline,
Staffhas prepared an interim solution to remove residential land uses within the buffer area, but in
staffs opinion, implementation would be a duplication of time and effort. A 180-day extension of
the deadline was thus requested of the County to ensure sufficient time to complete the City
Council's consideration of the Otay Ranch applications, at which time pennanent land use
designations will be detennined,
County staff have indicated their support of the proposed extension of time, and the matter is
scheduled for consideration by the Board of Supervisors on April 1, 1998. Since such an extension
would constitute an amendment to the Landfill Agreement, the extension must be approved by both
the County Board of Supervisors and the Chula Vista City Council.
Conclusion
In order to legally allow the extension of time for the removal of residential land uses within the
landfill buffer area as prescribed in the Landfill Agreement, staff recommends that the Council
approve the attached First Amendment to Agreement and authorize the Mayor to execute the
Amendment.
FISCAL IMPACT:
Staff anticipates that approval of this amendment will save the City approximately $6,000,00 in staff
time associated with processing interim land use designations.
10 "ð-
Attachments
1. Locator
2. Agreement Between the County of San Diego and the City of Chula Vista Regarding Jurisdiction Over and
Operation of Otay Landfill
h:\home\planning\patty\landfill.a 13
)O~ 3
RESOLUTION NO, ~?-Sg
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE
COUNTY OF SAN DIEGO AND THE CITY OF CHULA VISTA REGARDING
JURISDICTION OVER AND OPERATION OF OT A Y LANDFILL
WHEREAS, on May 15, 1996, the City Council entered into an agreement between the City
of Chula Vista and the County of San Diego known as the Agreement Between the County of San
Diego and the City of Chula Vista Regarding Jurisdiction Over and Operation of Otay Landfill
(hereinafter referred to as "Landfill Agreement"); and,
WHEREAS, said Landfill Agreement required, among other things, that the City remove
residential land use designations from within a designated landfill buffer area by May 15, 1998; and,
WHEREAS, staff has commenced with the processing necessary to remove the subject
residential designations from the City's General Plan and the Otay Ranch General Development Plan
by the May 15, 1998 deadline; and,
WHEREAS, the Otay Ranch Company is currently processing Sectional Planning Area plan
and General Development Plan amendments which include areas within the landfill buffer; and,
WHEREAS, concurrent processing of land use amendments for the same property is a
duplication of time and effort; and,
WHEREAS, in an effort to avoid such duplication, staff is requesting a 180-day extension
of the May 15, 1998 deadline in order to ensure sufficient time to complete the City Council's
hearing of the Otay Ranch Company application which will include application of land uses within
the landfill buffer area; and,
WHEREAS, said extension oftime will constitute an amendment to the Agreement between
the County of San Diego and the City of Chula Vista Regarding Jurisdiction Over and Operation of
Otay Landfill and thus requires approval by both the County Board of Supervisors and the Chula
Vista City Council.
NOW, THEREFORE, BE IT RESOLVED THAT THE City Council of the City ofChula
Vista does hereby approve the First Amendment to the agreement between the County of San Diego
and the City of Chula Vista Regarding Jurisdiction Over and Operation of Otay Landfill as
referenced in Exhibit "A", attached.
BE IT FURTHER RESOLVED that the Mayor is authorized and directed to execute said
First Amendment on behalf of the City of Chula Vista,
10-'-(
Presented by Approved as to [onn by
CLÎ~~b
Robert A. Leiter John Kaheny
Planning Director City Attorney
/""
I Ô -- ~
r:RST AMENDMENT TO AGRE~~~T Exh', blot- A
BETWEEN THE COU1\'TY OF' SAN DIEGO AND
'THE Cl!ï OF CWJ~ VISTA REGARDING
.JUR:SDICTION OVER AND O?ERATI0N OF DTAY LANDFILL
This first amendm~~t to agre~~ent is entered into as of the
day of , 1988, between the County of San Dieqo, a
political subdivision of the Sta~e oÍ California (herein&fter
"County") and the c~ty of Chula V~sta, 8 muniCipal corporation or
the state of California (hereinaf~er "Cityff), with reference to
the following:
RECITALS
A, The Coun~y and the City on May 15, 1~96 entered into on
agreement entitled, "AGRED~NT BETWEEN THB COUNTY OF SAN DIEGO
AND THE CITY OFCHULA VISTA RE~~DING JURISDICTION OVER ~~D
OPERATION OF OTAY LANDFILL" (hereinafter, the "Agreement")
whereby the City &greed to complete within ;30 days, proceedinqs
to revise its ~eneral plan, ~onin9 and other applicable land use
re9ulations in a manner specified in the A9reement.
B. The City has commenced proceedings to so amend its
general plan, and is capable of completinq them within said 730
day time 1 in-.1 to However, the City has determined that higher
qu~lity planning and environmental review of the proposed
~~endments would result from oo,mbining and processing them with
other general plan amend~ents for nearby Otay Ranch development.
This may requ1.re an extension of the time permitted by the
~!Jr"F!mF!nt. The Coun~y 15 desirous of such higher quality review.
AHENDMEN':' TO AGREE:!\fENT
WHEREFORE 1 the County and the City hereby agree that the
Agreement is amended ~o substitute "910 days" in lieu of ~730
days" where the latter term is used in Section 6(a) of the
Agreement. In all ether respectsl the ~greement shall continue
in full force and effect in its ori9inal terms.
COUNTY OF S~~ DIEGO CITY OF CHULA VISTA
By By
10 ~~
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PROJECT ..
LOCATION
~~
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SAN DIEGO OTAY ....------///...--
COUNTY RANCH
LANDFILL
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C HULA VISTA PLANNING DEPARTMENT
LOCATOR PROJECT C't f Ch I V' t PROJECT DESCRIPTION:
C) APPLICANT: I you a IS a AMENDMENTS
.
PROJECT Otay Ranch Request: Proposal to remove the residential General Plan designation
ADDRESS: within the 1000' landfill buffer zone and replace it with Limited Industrial.
SCALE: FILE NUMBER: Related Cases: GPA-98-02 & IS-98-24 1.. CJ ..... ./
NORTH No Scale PCM-98-26
h :\home \planning\carlos\locators\pcm9826 .cdr 2/25/98
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AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO
AND THE CITY OF CHULA VISTA REGARDING
JURISDICTION OVER AND OPERATION OF OTAY LANDFILL
This agreement is entered into as of the/~~day of ~,
1996, by and between the County of San Diego, a political
subdivision of the State of California (hereinafter "County"),
and the City of Chula Vista, a municipal corporation of the State
of California (hereinafter "Chula Vista"), with reference to the
following:
RECITALS
A. The County and Chula Vista have jointly planned and
approved the development of that project known as "otay Ranch" on
properties which lie generally easterly of Chula vista's current
easterly territorial boundary. In connection therewith, Chula
Vista desires to amend its Sphere of Influence ("SOP'). This
will require approval by the Local Agency Formation Commission of
the County of San Diego ( "LAFCO"). Chula vista also desires to
annex territory within the SOl.
B. Pursuant to Revenue and Taxation Code Section 99, the
County and Chula Vista have negotiated and, contemporaneously
with this Agreement, are entering into an agreement entitled,
"Agreement Between County of San Diego and city of Chula vista
Regarding Terms Of Otay Ranch Annexations To Chula Vista
Including Property Tax Transfer Agreement" (hereinafter, the
"Property Tax Transfer Agreement"). The Property Tax Transfer
Agreement is on file with the coun~ Clerk of the Board of
Supervisors as Document No. 7(¡;5"~ .
C. The County owns and operates a solid waste landfill
facility, composed of both (1) a portion which consists of
approximately 265 acres lying within the territorial limits of
Chula Vista (the "otay Sanitary Landfill"), and (2) the otay
Annex Sanitary Landfill, which is adjacent and consists of
approximately 251 acres lying in the unincorporated territory of
the County. The landfill facility is described and shown in the
"Otay Landfill Project Description" which is attached as "Exhibit
A" hereto, and is hereinafter referred to as the "Landfill." The
property owned by the County, on which the Landfill is operated,
is shown on "Exhibit B" hereto and more particularly described on
"Ey..hibi t D" hereto, and is hereinafter referred to as the
"Landfill Property".
D. The County and Chula vista each recognize the benefits
to the citizens of Chula vista and of the County which will
result from the continued operation of the Landfill by the
County, and they both desire to ensure and facilitate such
continued operation notwithstanding any expansion of the SOl or
approvals of annexations of nearby lands to Chula vista. To that
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2
end, the parties desire to detach from Chula vista that portion
of the Landfill Property which is currently within Chula vista's
territorial limits.
E. Under California Law, the County is generally not
subject to regulation by Chula vista in operation of County
facilities on land which the County owns within the territorial
boundaries of Chula vista; however, in the event that any portion
of the Landfill remains or becomes included within Chula vista's
territorial limits, Public Resources Code section 49400 requires
the County to obtain the consent of Chula vista's City Council
for the acquisition and operation of the Landfill, and Public
Resources Code section 50000.5 prohibits the establishment or
operation of a solid waste facility unless the city or county in
which the site is located makes a finding that the establishment
or expansion is consistent with the general plan of the city or
county.
WHEREFORE, the County and Chula Vista represent and agree as
follows:
AGREEMENT
1.. County position Reqardinq Sphere of Influence and
Annexation. The County supports the amendment of Chula Vista's
SOI to include that territory shown as "Sphere of Influence Area"
on "Exhibit C" hereto, so long as the Landfill Property remains
designated as a "Special Study Area." The County will formally
communicate its position of support to LAFCO. The County further
will not oppose annexation of any land within the SOI territory
shown as "Annexation Area" on "Exhibit C" to Chula vista,
provided that the first such annexation is part of-a
reorganization which includes the detachment referred to in
section 2 below. These duties of the County shall in no way
affect the discretion or voting of any members of LAFCO which are
also members of County's Board of Supervisors.
2. Detachment of Otav Sanitary Landfill From Chula vista.
Chula vista has filed an application with LAFCO for the
detachment of the Otay Sanitary Landfill property from Chula
Vista, so that all of the Landfill Property will be located in
the unincorporated area of the County. Chula vista shall
diligently and in good faith pursue said detachment proposal with
the first application it files with LAFCO to annex any part of
the Otay Ranch property to Chula vista. The County agrees to
fully cooperate in good faith with Chula vista to enable
completion of said detachment, and to defend and indemnify Chula
vista for any litigation which may be commenced to challenge said
detachment solely on the grounds of allegedly inadequate
~ environmental review.
3. Consent For Operation of Landfill. The following
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provisions of this section 3 are applicable only during such time
that any part of the Landfill Property remains included within
Chula Vista's corporate boundaries, and shall again become
applicable at any time that all or any part of the Landfill
Property, shall in the future be annexed to Chula Vista without
the prior written approval of the County's Board of Supervisors:
(a) Chula Vista hereby grants its consent to the operation
of the Landfill, pursuant to Public Resources Code section
49400. Said consent includes the existing as well as the
ultimate use, development and expansion of the Landfill as
shown and described in "Exhibit A" hereto.
(b) Chula Vista further finds that the establishment and
operation of the Landfill, including the ultimate use,
development and expansion of the Landfill as shown in
"Exhibit A" hereto, are consistent with the Chula vista
general plan.
(c) Chula vista agrees that, except with the prior written
approval of the County's Board of Supervisors, said consent
and said finding of consistency shall remain in effect
throughout the term of this Agreement. If either is
withdrawn, rescinded, revised or amended with regard to the
otay Sanitary Landfill prior to the date the detachment
referred to in section 2 becomes effective, Chula vista
shall be liable to County for any loss or damages resulting
therefrom. If either is withdrawn, rescinded, revised, or
amended with regard to any of the Landfill Property after
any of the Landfill Property has been annexed to Chula vista
following the date of this Agreement, the Special Remedies
provided ,at Section'14 shall apply.
(d) Chula vista further agrees and represents that, having
given said consent and finding of consistency, no
Conditional Use Permit or other permit or approval is or
will be required from Chula vista for the continued
operation of the Landfill as shown on "Exhibit A."
4. Imposition of Fees Upon. or Annexation or Requlation of
Landfill Propertv.
(a) In the event that Chula vista adopts any toll, "host
fee" or other fee or charge upon the establishment or
operation of the Landfill, it shall immediately and no less
than monthly, transmit to County all amounts collected
thereby.
(b) . The Special Remedies provided at section 14 of this
Agreement shall apply if any portion of the Landfill
Property is annexed to Chula Vista after the date of this
Agreement without the prior written approval of the County's
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Board of Supervisors. The Special Remedies provided at
section 14 shall not, however, apply in the instance of an
annexation of any portion of the Landfill Property resulting
from state legislation if the Chula vista city council has
expressed formal written opposition to the legislation. The
Special Remedies provided at Section 14 of this Agreement
shall also apply if, at any time when any portion of the
Landfill Property is within Chula vista's jurisdiction,
Chula vista amends or repeals its general plan in such a way
that the establishment, or expansion of the Landfill becomes
inconsistent with the general plan, or adopts or imposes any
zoning, land use or other regulation or requirement (other
than one covered by paragraph (a) of this Section) upon, and
which adversely affects, the operation of the Landfill.
5. Landfill Access Streets.
(a) Chula Vista agrees to maintain in good condition
throughout the term of this"Agreement the following streets
which serve as access to the Landfill:
otay Valley Road, from I-80S to otay Rio Road; and
Maxwell Road, from otay Valley Road to the Landfill
For purposes of this paragraph (a), "good condition" shall
mean reasonable driving condition substantially equal to
other roads within Chula vista of a similar age and
construction, but not less than an operable condition so as
to facilitate such access by trash hauling vehicles. Said
streets may be closed temporarily for required maintenance
or repair work, provided that, unless otherwise approved by
County's Director of Public Works in advance and in writing,
such closure shall not occur.more than once in any six month
period and shall not be for more than seven days at a time.
(b) Chula vista further agrees that, if it should ever
impose upon said streets weight or other restrictions more
severe than are stated in C~apter 5 of Division 15 of the
Vehicle Code, or if it should change the classifications of
said streets as shown in its general plan circulation
element on the date of this Agreement, then the Special
Remedies provided for in section 14 of this Agreement shall
apply, unless such restrictions or change in classification
is approved in advance by county's Board of Supervisors.
(c) Chula vista further agrees that if it should ever adopt
or impose any tolls or other fees or charges for the use of
said streets upon trash. trucks or other vehicles using said
streets for access to the Landfill,. it will immediately pay
to County, no less frequently than monthly, all amounts
collected thereby. y
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6. Landfill Buffer Area.
(a) Chula vista shall commence, diligently and in good
faith pursue, and complete within 730 days after the date
this Agreement is entered,into, proceedings to revise its
general plan, zoning and other 'applicable land use
regulations so that no residential land uses are permitted
within that area identified as "Village 2" in the otay Ranch
General Development Plan, (adopted by Chula vista on October
15, 1993) and also within the otay Landfill Buffer Area as
described in "Exhibi t B" and shown on, "Exhibit D" hereto,
and all uses permitted are compatible with the use and
operation of the Landfill. Chula vista's failure to do so
shall constitute a breach of this Agreement for which the
Special Remedies specified'at Section 14 shall apply,
except that the remedy of payment of closure costs (Section
14(c» shall only apply if a court of competent jurisdiction
orders the closure'of the Landfill based upon such
incompatibility. Prior to'holding any hearings on such
general plan amendment, Chula Vista shall consult with
County by written communication to CoUnty's Chief
Administrative Officer and County agrees that it's Board of
Supervisors will respond within 60 days, advising Chula
vista whether the proposed general plan amendment is
compatible with the Landfill. The County agrees to fully
cooperate in good faith with Chula vista to enable
completion of said general plan amendment. This 730 days
shall be extended to compensate, day-for-day, for the amount
of time during which a court of competent jurisdiction, in a
suit brought by a party other than Chula Vista, has issued
an order or judgment prohibiting ChUla Vista from proceeding
with said proceedings. In the event Chula vista adopts such
a general plan amendment, which is subsequently invalidated
by court order, Chula Vista shall immediately recommence
general plan amendment proceedings within said area,
completing them and applying compatible land use
designations within two years of the date of the court
order.
(b) During the term of this Agreement, if a general plan
amendment is filed applicable to any of the area shown as
"otay Landfill Buffer Area" on Exhibit "D" hereto, Chula
vista shall consult with the County by written communication
to County's Chief Administrative Officer prior to holding
any hearings on such general plan amendment. The County
agrees that its Board of Supervisors will respond within 60
days, advising Chula vista whether the proposed general plan
amendment is compatible with the Landfill.
(c) In the event that Chula Vista adopts into its general
plan applicable to any of the area shown as lIotay Landfill
Buffer Area" on "Exhibit D" hereto, provisions which the
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County's Board of supervisors has advised are incompatible
with 'the Landfill, shall constitute a breach of this
Agreement for which the remedies specified at section 14
shall apply, except that the remedy of payment of closure
costs (Section l4(C» ,shall only apply if a court of
competent jurisdiction orders the closure of the Landfill
based upon such incompatibility. However, a general plan
amendment which allows only the continuation of developed
land uses which are in existence within the incorporated
portion of said buffer area on the date of this Agreement
shall not constitute a breach of this Agreement.
(d) If Chula Vista adopts a,general plan amendment
applicable to any of the area shown as the "otay Landfill
Buffer Area',' on Exhibit D attached hereto that permits uses
which the County's Board'of Supervisors has advised are
compatible with the Landfill"the County and Chula Vista
shall share equally in the defense of any litig~tion which
is brought challenging county's'operation of the Landfill as
being inconsistent with such general plan amendment. This
obligation to share, in the defénse shall not obligate Chula
vista to pay any damages awarded as a result of such
litigation; however, the County and Chula vista shall share
equally in payment of any award of attorneys' fees.
(e) Within 30 days after the date this Agreement is
approved by both parties, the County's Board of Supervisors
will advise Chula vista in writing as to which of Chula
Vista's"existing non-residential general plan land use
designations permit uses which are, in County's opinion,
compatible with the Landfill.
(f). As a condition precedent to annexation only and not as
a commitment to perform, landowners in Villages 2 and 3 and
Planning Area l8B of the otay Ranch General Development Plan
are expected to grant to County "Landfill Nuisance
Easements" substantially in the form attached as "Exhibit E"
hereto, covering all land which is both within said Villages
and Planning Area and also with:Ï;n the area shown as "otay
Landfill Buffer Area" on "Exhibit D" hereto. All of said
easements shall be signed, notarized and delivered to County
prior to the time of LAFCO approval of any annexation of
property within otay Ranch to Chula vista. In the event
that said easements have not been so granted to the County
by said time, Chula vista agrees to withdraw any application
for annexation which 'is pending and agrees not to complete
or take any further action in furtherance of such
annexation. Failure by Chula vista to comply with the
provisions of this paragraph shall constitute a breach of
this Agreement for which the Special Remedies specified at
section 14 shall apply. ~////~
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7. Transportation of Burn Ash Material. Chula vista agrees
not to interfere in any way with the use of its street system for
transportation of any burn ash material being delivered to the
Landfill from any site, without limitation as to amount or point
of origin, provided that applicable state and federal laws are
complied with.
8. Conversion of Landfill To Other Use(s). In the event
that the County determines to cease use of the Landfill and
convert the use of the Landfill Property to other uses, the '
County shall first consult with Chula vista regarding the new
uses. Consultation shall be accomplished as follows: the County
shall deliver. written notice of its intention to convert the use
of the Landfill Property to other uses to Chula Vista's city
Manager at least 120 days prior to taking any action which
commits the County to any particular new use. Chula vista's City
Council shall provide its written'recommendations to the County,
if any, within said 120 days. . The County shall in good faith
take Chula vista's recommendations into consideration in its
deliberations, and the use(s) to which the Landfill Property is
converted shall be compatible with a closed landfill.
9. Retained Riqhts To Review and Comment. Each party
retains its rights as provided by any applicable law to review
and comment upon a project proposed by the other. Such review
and comment by Chula vista of any of County's proposed uses,
alterations or expansions of the Landfill shall not be considered
a breach of this Agreement provid~d that it does not in effect
rescind, modify or contradict the consent and finding given by
section 3'above.
10. Otav Valley Road Wideninq. Chula vista shall cause the
completion of the Otay Valley Road Widening project, as described
in more detail in "Exhibit FI! hereto. Upon completion of this
project, the County shall pay Chula vista a share of the project
costs, as follows: The County's share shall be $327,000.00.
This amount shall be paid in equal annual installments of
$65,400.00 per year, for five years, the first installment being
due on or before either June 30, 1997 or 90 days after completion
of the project, whichever is later, and subsequent installments
being due on June 30 each year. Said payment shall be the sole
contribution from the County for this project, and Chula vista
shall not impose any other assessment, charge or fee upon the
County or its agencies in relation to this project.
11. Hazardous Waste Facility Taxes and User Fees. In the
event that, following detachment from Chula vista of the otay
Sanitary Landfill, a hazardous waste processing or transfer
facility operates on a portion of that property, being operated
bya for-profit business, and the County imposes a tax or user
fee 'pursuant to Health and Safety Code section 25173.5 upon such
operation, the County shall pay Chula vista 50 per cent of all
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taxes or user fees in fact collected from that business.
12. County's Present Landfill Plans. The County represents
to Chula vista that it currently plans to use the Landfill
Property only for the development, use and operation of the
Landfill as shown on plans and permits which have been approved,
or for which expansion applications have been filed prior to the
date of this Agreement.
13.. Property:Tax Transfer Aqreement. This Agreement is
contingent upon and shall only become" effective if the County and
Chula Vista also contemporaneously approve" the Property Tax
Transfer Agreement.
14. Special Remedies For certain Breaches. The continued
operation of the Landfill without:limitation, restriction or
interference is of the essence in'the making and performance of
this agreement. The County and Chula Vista agree that, in the
event of a breach of a provision of this Agreement which
expressly provides that Special Remedies pursuant to this Section
shall apply, the County will incur damage, the amount of which is
extremely impractical and difficult to determine, and lieu of
such actual damages, the following Special Remedies shall apply:
(a) The allocation of property tax pursuant to Section 2.B
of the Property Tax Transfer Agreement shall be changed so
that the base revenue and the annual tax increment,
including revenue for both the County and any special
districts from which property is detached, shall be
allocated 59 per cent to the County and 41 per cent to Chula
Vista. This change shall be effected by the county's
Auditor upon receipt of a resolution adopted pursuant to
paragraph (b) of section 15. Chula vista shall pay to the
County, within 180 days of written demand therefor
accompanied by a certified copy of said resolution, an
amount which equals the difference between the property tax
received by Chula vista pursuant to the Property Tax
Transfer Agreement for all years subsequent to the date of
this Agreement and the amount which Chula Vista would have
received if the allocation of property tax had been changed
to 59 per cent to the County and .41 per cent to Chula vista
upon the commencement of operation of the Property Tax
Transfer Agreement, together with interest at the thirty-day
London Interbanking Offered Rate (LIBOR) in effect on the
date of adoption of the resolution referred to in paragraph
(b) of Section 15. Said interest rate shall be applied as
follows: For each fiscal year (July 1 through June 30)
during any portion of which this Agreement has been in
effect, the total amount of difference in property tax (as
described above) shall be computed as of June 30 of that
fiscal year, and interest at said rate on said total amount
shall be deemed earned and begin to accrue as of the January
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1 of each such fiscal year~ and shall continue to accrue
until the date payment is made to County pursuant to this
paragraph.
(b) The total amount of funds which have been transferred
to Chula vista pursuant to section 2:. C of the Property Tax
Transfer Agreement, together with .interest computed at the
thirty-day London Interbanking' Offered Rat~ (LIBOR) in
effect on the date of adoption of the resolution referred to
in paragraph (b) of Section 15. Said interest shall be
deemed earned and begin to accrue .as of the date of payment
by County of each transfer payment, and shall continue to
accrue until the date of repàyment by.Chula vista to the
County. Such repayment shall be made within 180 days of
receipt by Chula Vist~ ot.a resolution adopted pursuant to
paragraph (b) of section, 15.of this Agreement. Transfer
payments required by section 2. C of the Property Tax.
Transfer Agreement for all years following the date of the
breach shall not be., made. and. shall be retained by the
County.
(c) In the event that the County determines that the action
by Chula vista which'constitùtes a breach of this Agreement
for'which this Agreement specifies that this Special Remedy
is applicable, has the effect of making continued operation
of the Landfill infeasible or'impracticable, it,may
determine that it is necessary to close the Landfill. In
that,event, Chula vista shall pay all of the County's costs
associated with such closure, including, but not limited to,
the following:
- design and construction of a final cover system,
- design and construction of drainage structures,
- design and implementation of a landscaping plan,.
- monitoring and management of groundwater, landfill
gas,'and 'leachate,
- inspection and maintenance activities, and
- consulting, environmental, legal, and
administrative costs associated with closure.
The amount of closure costs payable shall be reduced by any
amounts which are contained in the closure fund which the
County maintains for the Landfill as of the date of the
breach which causes the.closure.
15. Procedures For Enforcinq Breach. Except in cases where
closure of the Landfill has been ordered by a court~ prior to
effectuating any of the Special Remedies for breach of this
Agreement specified at Section 14, the county shall complete the
following procedures:
(a) The County shall first provide Chula vista with written
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notice that a breach has occurred, specifying the facts
constituting the breach, and shall provide a reasonable
amount of time (to be specified in the notice) for Chula
vista to cure the breach. Said notice shall clearly
reference this Agreement, state that the alleged violation
could cause the Special Remedies for breach herein provided
and repeat'said Special Remedies in the notice. Said notice
shall be provided to both the City Manager and the City
Attorney of Chula vista.
(b) County's Board of Supervisors shall consider the matter
at a proceeding at which Chula vista is provided notice and
a reasonable opportunity-to be heard. If the Board
reasonably determin~s that a breach of this Agreement has
occurred to which these Special Remedies apply, it shall
adopt a resolution in which the Board: determines that a
breach of this Agreement has occurred for which this
Agreement specifies that these Special Remedies are
applicable; states the factuål circumstances supporting that
determination; directs the Auditor to make the change
referred to in paragraph (a) of section 14 for all
subsequent fiscal years; and, pursuant to paragraph (b) of
Section 14, demands repayment of prior transfer payments and
directs that future transfer payments not be made.
16. Judicial Review. Chula vista shall have the right to
seek judicial review of the County's determination that a breach
of this Agreement has occurred, except where closure of the
Landfill has been ordered by a court. In any such action, the
parties agree that the standard of judicial review shall be the
IIsubstantial evidencell standard, whereby the County's
determination shall be upheld if it is supported by substantial
evidence in the record before the County. In any action in which
the County's determination that a breach of this Agreement
requires closure of the Landfill is reviewed by a court, except
where closure of the Landfill has been ordered by a court, the
parties agree that the, County's determination shall be reviewed
by the court exercising its independent judgment.
17. Force Maieure. No violation or breach of this
Agreement shall be deemed to have occurred if caused by an event
or act that is beyond the control of Chula-vista, such as an Act
of God, natural disaster (including, but not limited to, a flood,
fire, dam inundation, earthquake, landslide or subsidence), riot,
rebellion, or civi~ strife.
18. Entire Agreement. This Agreement and the Property Tax
Transfer Agreement set forth the entire agreement between the
County and Chula Vista contemplated by them regarding this
matter, and supersede any and all prior or contemporaneous
agreements, understandings or representations. In particular,
any existing Conditional Use Permit(s) issued by Chula Vista,
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including No. PCC-72-1, are deemed terminated and unnecessary for
the continued operation of the Landfill, based upon the consent
and findings granted by Chula Vista in this Agreement. and the
detachment of all Landfill Property from Chula Vista's territory
required by this Agreement. .'
19. Partial Inval idi tv.. If any, material covenant, term,
~ondition or provision of this Agreement is held invalid, void or
unenforceable by final order or judgment of a court of competent
jurisdiction, the remainder of. this agreement shall nevertheless
remain valid,and enforceable. .
20. Addresses. Unless otherwise herein indicated, any
written communication required to be 'given by this Agreement
shall be delivered personally or by first ç:lass mail, addressed
as follows:
To the County: To the City:
Chief Administrative Officer City Manager
County of San Diego City of Chula vista
1600 Pacific Highway 276 Fourth Avenue
San Diego, CA 92101-3472 Chula Vista, CA 91910
21. Assiqnment of Riqhts. Chula vista acknowledges that
County may determine to transfer ownership, operation, or
maintenance of the Landfill toa Solid Waste Authority or other
successor agency, and County may in connection therewith assign
to such successor agency any or all of its rights, but not its
obligations, under this Agreement.
22. Recision. Modification and Termination. Either the
County or Chula Vista may rescind its approval of this Agreement
at any time prior to the date for which LAFCO has scheduled the
commencement of a hearing on the first annexation to which the
Property Tax Transfer Agreement relates, provided that the
Property Tax Transfer Agreement is rescinded at the same time.
Thereafter, no amendment, modification, recision or termination
of this Agreement or any provision thereof shall be valid or
binding unless it be in writing and approved by both the County's
Board of Supervisors and Chula vista's City Council. This
Agreement shall terminate upon closure of the Landfill (except
that the parties shall therèafter comply with section 8) or after
fifty years, or upon the date that the Property Tax Transfer
Agreement terminates pursuant.to its terms, whichever is earlier.
COUNTY OF SAN DIEGO CITY OF CHULA VISTA
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By . II.., '\--{V¡ By
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COUNTY Ccu~':~a ..
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t-o:nwec; andf::;r au':horizpr by the Board
-,; SuPE:n'¡S!'..'fS fi the CC;U;¡,'/ oi ~ar. Diego y
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Dep~!y CI~rÍ(
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13
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EXHIBITS TO AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO
AND THE CITY OF CHULA VISTA REGARDING
JURISDICTION OVER AND OPERATION OF OTAY LANDFILL
Exhibit Title Paqe
A Otay Landfill Project Description
Page 1 (Narrative) 14
Page 2 (Plan) 15
B Otay Landfill and Buffer (Drawing) 16
C Sphere of Influence/Annexation Areas 17
D otay Landfill Buffer Description 18
E General Form of Landfill Nuisance
Easement 19 - 21
F Otay Valley Road Widening Project
Description 22
...
~ /F-;?'3
14
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EXHIBIT A (Page 1)
OTAY LANDFÌLL DESCRIPTION
The landfill commonly known as Otay Landfill consists of two
separately. permitted landfills, the original Otay Sanitary Landfill
and the otay Annex Landfill. The Otay Landfill is located about 6
miles downstream from the Lower otay Reservoir and 3 miles east
from the San Diego Bay, about one third of a mile north of the
intersection of Otay Valley and Maxwell Roads.
On-site existing facilities that are located within the otay
Landfill property include an access road, fee booth/entrance
facility, methane recovery/power generation plant,
recycling/buyback center, temporary hazardous waste storage area,
and the Applied Technologies II, Inc. ( " Apptech If) facility. The
methane plant and. the Apptech facility have their own permits
issued by the applicable local, state, and federal agencies.
Future facilities and improvements contemplated for the landfill
property include a landfill gas flare station, an upgraded landfill
entrance facility, an upgraded temporary hazardous waste storage
area, and a recycling center.
The Otay Landfill is a permitted Class III facility as defined
by Title 23 of the California Code of Regulations. It includes a
Class I area which stopped accepting hazardous waste in 1980.
Landfill disposal operations at the otay Landfill began in 1963 and
continued up until 1980. Currently, waste disposal is limited to
the adjacent Otay Annex Landfill. Otay Landfill is regulated by
the California Integrated Waste Management Board, Regional Water
Quality Control Board, County Department of Health Services, Air
Pollution Control District, the City of Chula vista's CUP (PCC-72-
1) issued in January 1972, and other state and federal regulations.
The landfill, although not accepting waste at this time, must be
maintained and monitored regularly to ensure compliance with the
rules and regulations required by the above agencies.
The Otay Landfill is currently permitted for 650 Tons Per Day
and a maximum elevation of 460 feet, or a total capacity of 6.4
million cubic yards. It accepts approximately 1200 tons per day.
To date, about 4.6 million cubic yards of this capacity have been
expended leaving up to 1.8 million cubic yards for future disposal.
On areas of the Landfill outside the area occupied by the Apptech
facility, all of the special waste is currently required to be non-
infectious, non-hazardous, solid or semi-solid waste acceptable at
a Class III landfill. When the remaining capacity is fully
utilized, the Otay Landfill will be closed in accordance with state
and federal regulations. Following closure, the landfill wïll have
to be maintained for a minimum of 30 years, as required by state
and federal regulations. The postclosure use that is currently
planned for the site is non-irrigated open space.
~Îi; ~ t;) L/
- EXHIBIT A (Page 2)
WILL BE PROVIDED BY THE COUNTY OF SAN DIEGO
~ (¡) rd :;-
.
,.
18
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EXHIBIT D
OT A Y LANDFILL BUFFER DESCRIPTION
(Affects Portions of Assessor"s Parcel Nos.
644-011-02; 664-020-01; 644-a30-a6..07;. 644-060-07.08;
644-181-01.02.10.11,15,16,18.19.20-23, 27- 30
644-182-01,02,03,06-12, 14-17: 644-230-11 thru 19,23-26)
Parcel No. 96-0078-A (5/10/96) (WAR:PET:dlg)
All those portions of Sections 17 and 18, Township 18 South, Range 1 West, San Berrusrdino Base end
Meridian in the eïtv of Chula VESta, County of San Diego, State of California, together with tho$e
portions of Lots 38, 39, 40, 41, 42 end 43 of O.TAY RANCH according to Map thereof No. 862 filed
in the Office of the County Recorder of said County, together with those portion of OTAY INDUSTRIAl
PARK, according to Map thereof No. 8147, filed in said County Recorder's Office, together with those
portions of CHULA VISTA TRACT NO. 81-6, according to Map thereof No. 10974 on file in said County
Recorder's Office, all described as follows:
- BEGINNING at the South Quarter comer of said Section 1 a, Township 18 South, Range' West, San
Bernardino Base and Meñdian as shown on Miscellaneous Survey No. 768 on file in the Office of the
County Engineer of said County; thence along the North-South Centerline of said Section 18, North
00°26'53" East, 2,707.75 feet to the beginning of 8 tangent 1,000.00 foot radius curve, concave
SoUtheasterly; thence Northerly 810ng the Bre of said curve, through B central angle of 90°40'33", a
diS1ë1nCe of 1,582.59 feet: thence tangent to said curve South 88°52'34- East. 1..573.53 feet "[0 the
beginning of a non-tangent. 1.000.00 foot radius curve, concave SoutheaSterly, a radial1ine to said
.curve, at said point, bears North 70°53'23" West; thence Northeasterly along the ere of said curve.
through a central 8n9l~ Of 55°40'36". e distance of 971.74 feet; thence tangent to said curve North
74°47'13" fest, 1,752.92 feet to the beginning of a tangent, 2,655.72 foot radius curve, concave
Southwesterly; thence EaStcrly end Southerly along the arc of said curve, through a central angle of
'02°5,'45-. a distance of 4,767.79 feet; thence tangent to said curve South 02°2' '02- East, 846.12
ieet to the beginning of a tangent 1,000.00 foot radius curve, concave Northwesterly; thence
Southerly along the arc of Aid curve, through a central angle of 62°23'69", a cfistance of 1.089.08
feet; thence umgent to said curve South 60°02'67- West, 3.064.04 feet to the beginning of 8 tangent
1,000.00 foot radius curve. concave Northerly: thence Westerly atong the arc of said curve. through
a central angle of 31016"27", a distance of 545.55 feet; thence tangent to said curve North
8Bc41'36- West, 3,719.85 feet to the beginning of a tangent 1,000.00 foot rzsdius curve, concave
Northeasterly; 'thence Northweste~y along the arc of said curve. through 8 central angle of
89°08'29-. 15 distðnce of 1.555.81 feet; thence tengent to seid curve North 00°26'53" East, 11.05
f!".f'.t to the POINT OF BEGINNING.
EXCEPTING THEREFROM the Southeast Quarter 01 said Section 1 8 and lots 3 Bnd 4 and the
Southwest Quarter of the Southwest Quarter of said Section 17 all in Township' 8 South, Rzmge 1
West AND those portions of said LOtS 39, 40, 41,42, and 43 described in deed to the Co~nty of San
Diego recorded November 29. 1976 at Fi\elPage No. 76-397242 in said County Recorder's Office.
BEARINGS and distances in the above description ere in terms of the California Coordinate System,
. Zone VI. All distances must be multiplied by 0.99997634 to obtain ground distances.
~ / ~.~ ,;2 r; ,:
,
CC~"'~."C~ PI.", ""'.~V 10.1995
,. 19
I EXHIBIT E
. General Form of
Landfill Nuisance Easement
and
Covenants Running with the Land
Assessor's Parcel Project:
No.: W.O.No.:
Parcel No.:
Log No.:
Fund:
I. Grantor
[Developer's Name as Vested Title] ("Grantor"),
II. Considëration
FOR A VALUABLE CONSIDERATION
III. Granting Clause
does hereby GRANT to the
IV. Grantee
COUNTY OF SAN DIEGO, a political subdivision of the State of
California, ("Granteell) as owners of the property adjacent
thereto described as follows:
V. Dominent Tenement
[Describe entire Landfill Property]
VI. Successors
and their successors in interest to the Dominent Tenement
hereinafter described
.
VII. Easement
an easement ("Nuisance Easement") over all that real property
in the County of San Diego, State of California, described as
follows:
[Legal Description of the 1,000 most proximal feet of
Village Two and village Three]
VIII. Purpose ,"
for the use and benefit of the Grantee, and their successor's
in interest, and invited guests thereon, in the conduct of
solid waste landfilling operations on Dominant Tenement, for
the free and unobstructed passage on, onto, in, through.l and
across the surface and airspace above the surface of the
~ Jç~;) 7 '
.
L
20
"hereinafter described property ("Serviant Tenement") of the
following things ("Nuisance Items"):
dust; noise; vibrations; any and all chemicals or
particles suspended (permanently or temporarily) in the
air and wind including but not limited to methane gas;
odors; fumes; fuel particles; seagulls and other
scavenger birds and the excrement droppings therefrom;
and the free and unobstructed passage below the surface
of lechate and other pollutants; and for each, every and
all effects as may be caused by or result from, the
operation of a landfill which is now in existence or
which may be developed in the future,
Together with the continuing right to cause or allow in all of
such Servient Tenement such Nuisance Items,
IX. Acknowledgment of Rights
it being understood and agreed that Grantee, or its successors
in interest, intends to develop, maintain and expand the land-
fill on the adjacent Dominant Tenement in such a manner that
said landfill and the easement granted herein will be used at
all times
X. waiver or Rights and Causes of Action
and Grantor, for Grantor and the successors in interest and
assigns of Grantor, does hereby fully waive and release any
right or cause or action which they or any of them now have or
may have in the future against Grantee, its successors and
assigns, on account of or arising out of such Nuisance Items
heretofore and hereafter caused by the operation of a
landfill;
XI. Covenant Not to Sue, Running with the Land
Grantor, for Grantor and the successors in interest and
ass~gns of Grantor, covenants and agrees, wi th the
understanding and intent that such shall run with the land,
and which shall run with the land, that neither they nor any
of them will commence or maintain a suit, action, writ,
arbitration, or other legal or equitable proceeding against
the Grantee or its successor or assigns wherein the relief
sought is the cessation or limitation on the use of Grantor's
Dominant Tenement as a landfill.
XII. Covenant To Pay Attorney Fees and Costs; Running with the
Land . ~
Grantor, for Grantor and the successors in interest and
assigns of Grantor, covenants and agrees, with the
understanding and intent that such shall run with the land,
and which shall run with the land, that in the event that they
Þ-V /?' >cl ff ;
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21
.
violate the Covenant Not to Sue, they shall be pay to Grantee
such attorneys fees and costs as may be determined to be
reasonable the a Court of competent jurisdiction.
easemntl.wp
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- 22
, ,
EXHIBIT F
. Otay Valley Road Widening Project Description
Otay Valley Road Phases T, II & III
Phase I
Widen Otay Valley Road to a 6-1ane Prime Arterial street within a 128 ft. Right-of-way between
the ir.tersections with I -805 and Nirvana Avc. (Approximatcly 5700 ft.) The project to include:
16-ft wide landscaped median or traversable median, 4-12 ft. Travel lanes and two 6-ft.
Emergency parkinglbike lanes. Improvements to include grading, pavement, curb, gutter,
sidewalk, drainage facilities, water mains, street lights, and dry utilities.
Phase II
\Vidcn Otay Valley Rd to a 5 lane facility beginning at Nirvanfr A vc. and continuing east
app:oximately 5,000 ft. Project to include 3 12-ft. lanes in the west direction 2-12ft. lanes in
the east direction, a raised median and emergency parkinglbike lane on both sides.
Pbar".: III
Widcn the north/south portion of Otay Valley Rd. to allow for three lanes. One lane in each
direction plus the ability to have an additional lane for traffic in one direction thai can be
switched, This project also includes the widening of an 80 ft. long bridge 52-ft. wide.
Cost
Phase I and II - $11.9 million
Phase III $0.9 million
J I> L[ In: 'hom~ \engineer\ad min\l:mdfiLjpl] .
~¡)/~¿)
COUNCIL AGENDA STATEMENT
Item II
-
Meeting Date: 4/21/98
ITEM TITLE: PCM 98-15: An amendment to the Otay Ranch Phase 2
Resource Management Plan to add additional lands in the
Proctor Valley Parcel to the are c rrently designated as the
first conveyance. .' ,,-¡1'IY
. . It ' if' & 1 (p
SUBMITfED BY: Director ofPlanrung . ~ ;;"
\ .
REVIEWED BY: City Manager.J <4 ~ ....-? \
This item was originally reviewed by the Planning Comm' sion at their March 11, 1998 meeting. At
that meeting, the Planning Commission continued the item for two weeks to the March 25, 1998
meeting, which precluded the item from being reviewed by the City Council at the originally
advertised meeting of March 24, 1998. The Planning Commission heard testimony at the March 25
meeting, but took no action and continued the item until the April 22, 1998 meeting.
RECOMMENDATION: That this item be continued and readvertised.
11//
2/11j<13
PROOF"OF PUBLICATION ~~.55
This space is for the County Clerk's filing stamp
(2015.5 C.C.P.) ( n ý..:lt 4- 7.3/
STATE OF CALIFORNIA,
County of San Diego:
I am a citizen of the United States and Proof of Publicaton of:
a resident of the County aforesaid; I am - - -- - OJIO.4..% -- - -- - - - - - - - - - - - - - - - -- - - -- - -- - - - - ---
over the age of eighteen years, and not
a party to or interested in the above- NOTICE OF PUBLIC HEARING
entitled matter. I am the principal clerk - - - - - -- - - - - - - - - - ÑõTicEb~¡:-PUBLIC - - -- u- -- -- - - - -- - - - --
I HEARING BYTHE CITY .
of the printer of the STAR-NEWS, a i PLANNING COMMISSION
, AND CITY COUNCIL 01 te
newspaper of general circulation, pub- I City 01 Chula Vista, CA, in
: the City Council Chambers
lished ONCE WEEKLY in the city of : 01 the Public Services. '
Building, Chula Vista Civic 10tlce
Chula Vista and the South Bay Judicial Center, 276 Fourth,
Avenue, lor the purpose 01
District, County of San Diego, which - . considering an .
amendment 01 the Phase 2
newspaper has been adjudged a news- Resource Management
Plan lor the Otay Ranch
paper of general circulation by the summarized as lollows:
, PLANNING
Superior Court of the County of San : COMMISSION HEARING
, DATE/TIME: March 11'-
Diego, State of California, under the 1998 at 7:00 PM
CITY COUNCIL
date of April 23, 1951, Case Number ' HEARING DATE/TIME:
March 24,1998 at 6:00 PM
182529; t~at the notice, of which the CASE NUMBER:
PCM-98.15 .
annexed is a printed copy (set in type APPLICANT: OIay
Ranch co~anl '
not smaller than nonpareil), has been SITE ADDR 55: OIay
Ranch Resource Preserve
PROJECT
published in each regular and entire DESCRIPTION: An "
, amendment to the Phase 2
issue of said newspaper and not in any Resource Management
. Plan to add additional
supplement thereof on the following lanils in the Procter Valley
Parcel to the area
dates, to-wit: currently designated as
the lirst conv~ance.
I ENVIRO MENTAL
2/21 STATUS:Ex~mpt. '
, Any written comments or
all in the year 1998 petitions to be sublmtted to
the Planning Commission
must be received in the
Planning Department no
later than noon on the date
I certify (or declare) under penalty of of the Planning Commission
hearing, Please direct any
perjury that the foregoing is true and questions or comments 10
! Project Planner Beverly
correct. I Blessent in the Planning
Department, Public Services
Building, Chula.¥lSta CMC '
Center, 276 Four h Avanue.
Dated at Chula Vista, California 91910 Chula ¥lSta.~alifc¡(I1ia.,
91910,œbyœlJing
I 691-51.05, anY.COIT1rnenls 01:
petitions to be SUbmitted 10 .'
the City .Council must be-
this 21 ,19~ receivt¡d in th~ City Clerk's
office no later than' noon on' ,
the date of lhe Ci\yCouncil'
., 7 hearing. Please: i~lude, -; -
.I case note8 abOve In all, , ,
U I !correspondenéé,/;;- , '.,
Signature '. II YOU' wish to c;hallenge
the City's actiorìon this!;, .
PRINCIPLE matter in cõurt;yOù may be .
limited to raising only. those
issues .yoV ó(someo~ else'
/)--~ . ','ralSiI<! althe public' "
hearings.,or in written" <
, .' ndenCé-de1iveredla-
: ~nning Commissioo'
arid City 'Council al Or prior' ;
:'..,\Ò1hepublichearings.,. .
',desCribed in this nolice: A'
COUNCIL AGENDA STATEMENT
Item l~
-
Meeting Date 3/31/98
ITEM TITLE: Resolution ) f13(~r Approving an agreement with Kimley-Horn &
Associates Inc., for Professional Engineering Services for a Feasibility and
Financing Study of Olympic Parkway and appropriating funds from the
TransDIF to Project STM331.
SUBMITTED BY: Director of Public Works ~
REVIEWED BY: City Manager Jl1 ~ -----? (4/5ths Vote: YesX-No_)
This report discusses the selection process for retaining a consultant with expertise in developing a
feasibility and financing study to construct Olympic Parkway from Oleander Avenue to one mile
east of SR-125 and identifying project constraints and opportunities in terms of funding, traffic
needs, timing, phasing, environmental requirements and a comprehensive project schedule.
RECOMMENDATION: That Council approve the resolution approving an agreement with
Kimley-Horn and Associates Inc., for Professional Engineering Services for a Feasibility and
Financing Study for Olympic Parkway, appropriate $100,000 from the Transportation Development
Impact Fee (TDIF) fund and authorize the Mayor to execute said agreement.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
BACKGROUND
The area ofChula Vista known as the "Eastern Territories", more specifically described as that area
within the City's General Plan area, east ofI-805, is partially developed. It comprises several large
vacant land holdings (EastLake, Otay Ranch Development, Rancho Del Rey, San Miguel Ranch, and
Sunbow II) which are all proposed for upcoming development.
Currently, transportation infrastructure requirements for development within the Eastern Territories
are based on the City's Eastern Chula Vista Transportation Phasing Plan (ECVTPP) and the Growth
Management Plan. The Growth Management Plan and the ECVTPP establish development
thresholds, in terms of development units, acres of commercial and industrial land, which trigger the
requirement of street improvements. Staff anticipates that ongoing development in the "Eastern
Territories" will soon trigger the need for Olympic Parkway roadway improvements.
\} - ,
Page 2, Item-
Meeting Date 3/31/98
Although the City has a Transportation Development Impact Fee Program (TDIF) for the roadway
improvement, funds may not accrue quickly enough to be able to construct the road on a timely
basis. The TDIF fees are collected at a later stage of project development when building permits are
issued, whereas, the requirement to construct Olympic Parkway will be triggered early in the
development process ahead of final maps entitlements.
The Olympic Parkway project, with an estimated costs in excess of $21 ,000,000, is too big for any
one developer to undertake themselves, The limits of this project traverses numerous land
ownership's parcels and several development projects such as Sunbow II, Otay Ranch and EastLake.
Therefore, a study is needed now to determine and recommend a collective financing and
construction methodology which can be utilized to provide for the timely financing and construction
of this facility. Further, detailed analysis may be needed to determine if phasing construction of
Olympic Parkway would be a more feasible alternative to constructing the ultimate facility
immediately.
CONSULTANT SELECTION PROCESS
Staff prepared and issued a Request for Proposals (RFP) in October 1997. A total of nine (9)
proposals were received (see attached Exhibit B-1) and reviewed by the City's consultant selection
committee in November. The City's consultant selection committee consisted of five City staff
members with expertise in certain areas: Land Development Civil Engineer Lombardo DeTrinidad,
Otay Ranch Principal Planner Rick Rosaler, Environmental Associate Planner Barbara Reid, Land
Development Senior Civil Engineer Sohaib AI-Agha and, Assessment District Financing and
Transportation Civil Engineer Frank Rivera. In December, final interviews with the top three
consultants were held. The committee made their final recommendation based on a project related
and comprehensive evaluation criteria.
According to Section 2.56.220 of the Municipal Code, all engineering professional services are
exempt from the competitive bidding requirements. However, a professional cost proposal is an
important measure of the consultants' budget and cost control capabilities. Therefore, the
consultants' ranking criteria used by the selection committee awarded the highest weight factor for
the cost proposal. To avoid making the selection merely on competitive bidding, the cost proposal
did receive the highest weight factor, but it was not the only ranking factor.
Attached is Exhibit "A" listing these criteria and showing the consultants rating format. Key factors
for the final ranking were the consultants previous work history with other public agencies; project
cost control; ability to meet a tight project schedule and subconsultant expertise in working on
previous projects of this scope and size. Attached also is Exhibit "B" showing a detailed cost
comparison table for the nine proposals.
Based on the above criteria, references verification and interview performance, the selection
committee ranked the top three firms as to qualifications for this feasibility study. The three firms,
and the original dollar cost of their proposal, are as follows:
'"d-)-
Page 3, Item-
Meeting Date 3/31/98
Kimley-Horn & Associates Inc. $252,800
Rick Engineering Company $252,600
P & D Consultants/CTE Engineers $194,000
Revised Kimley-Horn & Associates Inc. Proposal $244,930
Staff had originally put $150,000 in the CIP budget for the consultant services. This was a rough
cost estimate for the purposes of initiating the consultant services selection process. Due to the
complexity of the project, consultants would have to form a multi-discipline consultant team with
more subconsultants than would typically be anticipated. There are many issues which are inter-
related and must be addressed with a consultant team working simultaneously on this feasibility and
financing report. Staff had no way of actually knowing what the study would cost until proposals
were received.
The Olympic Parkway project is unique due to the need to assemble a strong project team consisting
of a wide spectrum of expertise in areas such as environmental mitigation, financial, legal,
geotechnical, landscape planning and traffic engineering. In addition to the costs, which were
weighted at almost 25% of the total evaluation points possible, the committee had to take into
consideration the strength and weakness of all subconsultants listed in each of the nine proposal
teams, including the work history for similar sized projects and completeness of the proposaL Once
the selection committee determined which consultant teams had the best understanding of the
requirements of the project, the committee was best able to rank the top three consultant teams.
The fundamental criteria that the committee used to rank the top three consultants was the strength
of the project team and their own qualifications. The evaluation involved reference verification, the
subconsultant's strength and expertise in their respective fields, the prime consultant's understanding
of this project's unique and time sensitive requirements, previous experience in completing projects
of similar scope on time and within budget, demonstrated understanding of the City's transportation
needs and ability to focus on other financing alternatives. Using this criteria, the committee made
the final ranking of Kimley-Hom and Associates Inc. The other six firms were determined to be not
as highly qualified based on proposals submitted as too expensive, key issues were glossed over
which may create difficulties or delays later in the project and cause final costs to be actually higher,
no experience in similar sized projects, or not showing a complete understanding of the key facets
of this project. The committee's decision was that Kimley-Horn and Associates was the highest
qualified consultant firm for this financing study of Olympic Parkway, based on favorable work
history, the strength of the project manager and subconsultant's past work experience with the City
and other public agencies.
The subconsultants selected by Kimley-Horn and Associates Inc., to work on this project represent
well respected firms such as: AGRA Earth & Environmental for geotechnical analysis, Berryman
& Henigar for financial, BR W for traffic analysis, Cotton/Beland Associates for environmental
review and, Estrada Land Planning for landscaping conceptual plans. Kimley-Horn and Associates
Inc., is directly responsible for the project management, roadway design evaluation, drainage/flood
control issues utilities and time and budget controL
, 'ð >~~
Page 4, Item-
Meeting Date 3/31/98
During contract negotiations, staff expanded the scope of work, at the request and consensus of the
developers, to include financial studies for the entire length of Olympic Parkway from Oleander
Avenue to Hunte Parkway and included more emphasis on work required for the design portion of
the project. Staff also made further clarifications to the project's scope of work. As a result, after
negotiations, the final cost proposal is $244,930 or 3.11 % below the original proposal cost of
$252,800.
Scope of Work
The scope of work for the consultant includes all of the necessary requirements for the first phase
of extending Olympic Parkway east from Oleander Avenue to Hunte Parkway. The study will
include a detailed cost estimate with financial analysis and recommendations, including phasing
possibilities, of the following: roadway improvements, drainage system, sewer facilities,
environmental mitigation, financing alternatives, and landscaping. Olympic Parkway, from
Oleander Avenue to Hunte Parkway is identified on the City's TDIF list as three projects; Oleander
to eastern Sunbow boundary ( #16), eastern Sunbow boundary to EastLake Parkway (#22) and
EastLake Parkway to Hunte Parkway (#24).
Following is a listing oftasks identified in the project's scope of work:
Task 1. Traffic Forecasts. Analysis and Results
This task involves review of traffic data, traffic modeling and validation, growth projections, future
forecasts, capacity analysis and project phasing.
Task 2. Design Criteria and Engineering Studies
The second task requires data collection for engineering studies to prepare design criteria, identify
any physical constraints, project scope and environmental review, landscaping planning and interim
funding sources.
Task 3. Alternative Analysis. Schematic Plans. Cost Estimates and Schedules
The third task looks at the concept design proposal and network improvements, the cost initial
project estimates and project scheduling requirements.
Task 4. Financing Alternatives and Recommendations
The fourth task identifies the cost analysis with local and external funding sources, alternative
financing options and the assessment engineer's recommendations.
Task 5. Legal Review and Recommendations
The fifth task reviews all of the legal issues based on the project's phasing and financing impacts and
identifies recommendations to construct and finance this project.
Task 6. First Draft Report
The sixth task involves the consultant's submittal of the first draft version of the final report with
recommendations for City staff and the developers to review and comment.
\d -'I
RESOLUTION NO.~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT WITH
KIMLEY-HORN & ASSOCIATES INC. I FOR
PROFESSIONAL ENGINEERING SERVICES FOR A
FEASIBILITY AND FINANCING STUDY OF OLYMPIC
PARKWAY AND APPROPRIATING FUNDS FROM THE
TRANSDIF TO PROJECT STM331
WHEREAS, Staff prepared and issued a Request for
Proposals (RFP) in October 1997 with nine (9) proposals received
and reviewed by the City's consultant selection committee in
November; and
WHEREAS, the City's consultant selection committee
consisted of five city staff members with expertise in certain
areas: Land Development civil Engineer Lombardo DeTrinidad, Otay
Ranch Principal Planner Rick Rosaler, Environmental Associate
Planner Barbara Reid, Land Development Senior civil Engineer Sohaib
AI-Agha and, Assessment District Financing and Transportation civil
Engineer Frank Rivera; and
WHEREAS, in December, final interviews with the top three
consultants were held and the committee made their final
recommendation based on a project related and comprehensive
evaluation criteria; and
WHEREAS, based on the criteria, references verification
and interview performance, the selection committee ranked the top
three firms as to qualifications for this feasibility study as
follows:
Kimley-Horn & Associates Inc. $252,800
Rick Engineering Company $252,600
P & D ConsultantsjCTE Engineers $194,000
Revised Kimley-Horn & Associates Inc. proposal $244,930
WHEREAS, the subject project is unique due to the need to
assemble a strong project team consisting of a wide spectrum of
expertise in areas such as environmental mitigation, financial,
legal, geotechnical, landscape planning and traffic engineering;
and
WHEREAS, therefore, the committee had to take into
consideration the strength and weakness of all subconsultants
listed in each proposal; and
1
I)/k,
WHEREAS, the fundamental criteria that the committee used
to rank the top three consultants was the strength of the project
team and their own qualification and involved reference
verification, the subconsultant's strength and expertise in their
respective fields, the prime consultant's understanding of this
project's unique and time sensitive requirements, previous
experience in completing projects of similar scope on time and
within budget, demonstrated understanding of the city's
transportation needs and ability to focus on other financing
alternatives; and
WHEREAS, using this criteria, the committee's decision
was that Kimley-Horn and Associates was the highest qualified
consultant firm for this financing study of Olympic Parkway, based
on favorable work history, the strength of the project manager and
subconsultant's past work experience with the City and other public
agencles.
NOW, THEREFORE, BE IT RESOLVED the city council of the
City of Chula vista does hereby approve an Agreement with Kimley-
Horn & Associates Inc. for Professional Engineering Services for A
Feasibility and Financing study of olympic Parkway, a copy of which
is on file in the Office of the City Clerk as Document No. .
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
Agreement for and on behalf of the City of Chula vista.
BE IT FURTHER RESOLVED that the City Council does hereby
appropriate $100,000 from the Transportation Development Impact Fee
(TDIF).
Presented by Approved as to form by
John P. Lippitt, Director of
Public Works
C:\rs\kimley.agr
2
/~-~~7
COUNCIL AGENDA STATEMENT
Item 13r
Meeting Date March 31, 1998
ITEM TITLE: Resolution) rq ~ D Approving Contracts with Bi- Tech Software
Inc. and Data General Corporation for Installation and
Implementation of an Integrated Financial Information System
Related to Capital Improvement Project (CIP) No. GG 152-
Mainframe/Fiscal System, Waiving the Competitive Bidding
Process for the Data General Contract, and Authorizing the Mayor
to Execute the Contracts,
Resolution I ~q L-/I Approving a lease-Purchase Plan to Finance
the Cost of Project GG 152-Mainframe/Fiscal System Through the
CaLease Public Financing Corporation (CaLease), Authorizing the
Director of Finance to Execute the Agreement, and Approving
Project Appropriations Based on the Proceeds from the Lease-
Purchase Financing Plan
SUBMITTED BY: Director of Finance ,r-j'J N
Director of Management ~mation Services.
REVIEWED BY: City Manager-.J~ ~ ~ ( (4/5ths Vote; Yes -1LNo_)
Capital Project number GG 152, titled "Mainframe/Fiscal System," was approved in
fiscal year 1995-96. This project entails replacing the aging mainframe computer
system with a mini-computer based architecture and replacing all mainframe
application systems, which are primarily fiscal systems, in order to enhance
acc'ountability and facilitate more timely and accurate reporting of financial data.
Council is being asked to approve contracts with the vendors selected, authorize the
Finance Director to execute a financing plan, including tentative funding sources for
annual payments, and approve project appropriations based on the proceeds from the
lease-purchase agreement.
RECOMMENDATION: That Council adopt the Resolutions approving the contract
with Bi-Tech Software, Inc., waiving the competitive
bidding process and approving the contract with Data
General Corporation, authorizing the Mayor to execute the
contracts, approving and authorizing the Director of Finance
to execute a lease-purchase agreement to finance the
project, and approving appropriations for the project based
on the proceeds from the lease-purchase agreement.
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Page 2, Item
Meeting Date 3/31/98
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
The Project
Capital Project number GG 152, titled "Mainframe/Fiscal System," was approved in
fiscal year 1 995-96 to 1) Replace an aging and expensive mainframe computer
system, 2) Provide enhanced automation primarily for the Finance Department, but
indirectly for all City functions, and 3) Ensure that all City fiscal systems remain fully
functional after the turn of the century, considering the consequences of the year
2000 on data processing routines with date calculations. The Project entails replacing
the existing mainframe computer hardware, operating, and application systems, as
well as older personal computer workstations and non-ergonomic furniture, with more
technologically current mini and micro computer based systems. The increased utility
and flexibility of these systems will facilitate improvements in the City's business
processes, provide more efficient access to financial data thereby increasing the
quantity and quality of management reports, and enable more timely and accurate
responses to inquiries from management, the Council, and the Public.
The City's fiscal systems, i.e. General Ledger/Budgetary Control, Accounts Payable,
Accounts Receivable, Payroll, Purchasing, Project Accounting, Fixed Asset Inventory,
Stores Inventory, Business Licenses, Parking Citations, etc., are all older, in house
developed application systems currently processed on the City's 8 year old Unisys V
Series mainframe computer. Most, if not all of these systems due to their
technological obsolescence are very difficult to maintain, and data access by the user
community is terribly complex and inefficient by today's standards. In addition, none
of these systems would be able to correctly process the year 2000 as part of their
numerous calculations within the programs that utilize dates. Also included in the
project is the Sewer Billing System, which was purchased two years ago, but requires
replacement not only because of the year 2000 issue, but because the vendor has
ceased maintenance services on the version of the system we have and conversion
to a supported version would not be cost effective, given the level of (dis)satisfaction
we have experienced with this specific vendor. It bears noting that the current system
was purchased under a very severe time constraint due to pressure from the
Sweetwater Authority to assume responsibility for the City's sewer billing process.
The system has been fraught with problems from the onset.
Thè preliminary, estimated cost of the project when initially approved in fiscal year
1995-96 was $1,540,460. These early estimates were based on a very limited needs
analysis. Over the last two years, staff have worked diligently to further define the
City's automation needs and to select vendors and negotiate contracts for the
software and hardware best suited to meet those needs. Although not all software
I ~ .. }...
Page 3, Item
Meeting Date 3/31/98
packages and vendors have been selected, we have progressed to the point of being
able to fairly accurately project the total cost of this large endeavor. The remaining
current estimated cost of the project based on contracts negotiated to date and
updated staffing projections, but excluding financing costs (interest), is $2,159,522,
broken down into the following components:
File Server Hardware/Software. . . . . . . . . . . . . . . . . . . . . . .. $331,163
Micro Computer Workstations ........................ $180,783
Application Software/Installation Services. . . . . . . . . . . . . . . $1,120,463
Contingency (10%) ............................... $155,186
Expended to Date """"""""""""""" ($ 37,710)
REMAINING PROJECT COST (financing excluded) """" $1,749,885
City Staff Services (in-kind) ........................ $ 409,637
TOTAL REMAINING PROJECT COST (financing excl.) ......$2,159,522
Project appropriations approved to date total $309,912, with $272,205 remaining
available. It is recommended that this remaining balance be transferred to a newly
established Debt Service Fund to partially fund the first year of debt service on the
lease-purchase agreement. The second resolution also includes approval of
appropriations totaling $1,749,885 for the project in the Capital Improvement Fund
based on anticipated proceeds from the proposed lease purchase financing.
City Staff Services consists of the estimated staff costs to fully implement this project
an~ is made up of the following:
100% Assistant Director of Finance for 1.3 years
100% Senior Personnel Analyst for 1.0 years
100% Computer Operations Mgr. for 1.5 years
50% Senior Accountant for 1.5 years
50% Computer Programmer for 1.0 year
25% Director of Finance for 1.0 year
25% Director of Mgmt. & Info. Services for 1.3 years
25% Revenue & Recovery Mgr. for 1.0 year
25% Assistant Director of Human Resources for 1.0 year
The cost of this staff time will be contributed in-kind by the General Fund. The cost
of backfilling certain portions of critical positions with temporary help is estimated at
$175,000 and is included under Application Software/Implementation Services in the
portion of the project to be financed.
) 3'3
Page 4, Item
Meeting Date 3/31/98
The Vendors
After obtaining input from all major City fiscal system users, as well as users from the
Cities of EI Cajon, Coronado, and Imperial Beach who contract with us for their fiscal
system, a twenty-one page Request for Proposals (RFP) for an Integrated Financial
Information System was issued in December, 1996 to nineteen prospective vendors
(Attachment A). A Pre-proposal Conference was held in January, 1997 in order to
allow prospective vendors to ask questions regarding the RFP specifications, City
operations, etc. A total of seven proposals were received in February, 1997, with five
of those judged to be responsive to the RFP requirements. The five proposals were
thoroughly evaluated by several staff from the Departments of Finance, Management
& Information Services, and Human Resources, and their counterparts from the three
contract Cities. Evaluation criteria included system design and functionality, system
reliability and performance, adequacy of proposal in addressing preponderance of
general and specific RFP requirements, vendor qualifications and references, adequacy
of proposed implementation plan, etc.
As the result of this proposal evaluation process, which included reference checks of
users of the systems proposed, the top three rated vendors were invited to present
on-site demonstrations of their systems. Those vendors were Bi- Tech Software, Inc.
from Chico, California, SCT Government Systems, Inc. from Lexington, Kentucky, and
HTE, Inc. from Orlando, Florida. Locally, Bi-Tech's software is installed at the City of
Carls bad and at Grossmont and San Diego City Colleges. SCT's product is installed
at the City of Poway, and HTE's software is operating at the City of Encinitas. Again,
these on-site demonstrations were attended and evaluated by several City staff as well
as staff from the three contract Cities.
Following the on-site demonstrations, it was the consensus of the staff involved that
the system offered by HTE, Inc. was not nearly as functional nor as flexible as the
other two systems observed. It was then determined to visit actual live installations
of the two remaining systems, Bi-Tech at the City of Carlsbad, and SCT at the City
of Poway. The resultant demonstration at the City of Carlsbad, although informative,
was less than conclusive due to the fact that the system was still in the process of
implementation, having only been live for six months. In order to gain additional
information regarding the Bi-Tech product, the evaluation group visited Grossmont
Community College for a demonstration of their relatively new system. Following that
demonstration, staff unanimously concluded thatthe Bi-Tech system would best meet
the overall needs of the City well into the next century. Although there were several
diffßrences between the Bi-Tech product and the SCT product, the main advantage
seen with the Bi-Tech system was its capability to account for multi-year capital
projects funded by multiple funding sources.
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Page 5, Item
Meeting Date 3/31/98
Bi-Tech Software Inc., headquartered in Chico, CA., is a subsidiary of SunGard Data
Systems Inc., a publicly held corporation. Bi-Tech began operations in 1972 and has
been developing and installing Fund accounting systems for over twenty-two years,
with currently more than 270 licensed installations. In order to insure the continued
viability of their product, the firm has historically invested approximately ten percent
of their gross revenues on research and development. The company claims to have
never been involved in a legal action of any kind. There are very active regional and
national user groups for the Bi- Tech system and all references gave very high marks
to Bi-Tech, including the three local users mentioned previously.
Bi-Tech's Integrated Financial Accounting System (IFAS) is based on the Informix
Relational Database System and will provide a complete interactive financial system
with timely, accurate, user-formatted information, along with full capabilities for on-
line inquiry, report data extraction, and ad hoc reporting. IFAS is an approved Fund
accounting system by the American Institute of Certified Public Accountants as
conforming to Generally Accepted Accounting Principles.
Bi-Tech's package does not include systems to handle utility billing, business licenses,
dog licenses, parking citations, or cost accounting, and although they offered to
subcontract for most of these functions with other companies, staff felt that of the
systems offered, only the utility billing system from Springbrook Software Company
would thoroughly meet our needs. An on-site demonstration of this system was very
impressive and it is already installed elsewhere with a Bi- Tech software interface.
Staff will continue to search for other vendors with systems more suited to our needs
in those other areas.
For the hardware/operating system platform, such as file servers, the operating
system, main data storage, etc., Bi-Tech proposed equipment and software from the
Data General Corporation, a major provider in the computer industry. This vendor and
their products were judged to thoroughly meet the specifications in the RFP in all
respects. Bi-Tech proposed Data General equipment and software as their preferred
platform, noting the highest level of compatibility with their application software.
Whereas staff initially felt that it would be beneficial to pay Bi-Tech to perform as the
prime contractor with Data General as a subcontractor, it became clear during
negotiations and subsequent review of the limited risks involved with the turnkey
nature of the Data General participation, that it would be to the City's best economic
interest to contract directly with Data General through a price discount program of the
State of California. In light of these facts, and the need for expeditious project
implementation, staff requests as part of this action that the Council waive the
competitive bidding process as "impractical" in accordance with the authority set forth
in Chula Vista Municipal Code section 2.56.070.
)~.,(
Page 6, Item
Meeting Date 3/31/98
The Contracts
The proposed contract with Bi-Tech, on file with the City Clerk in substantially final
form, is the result of negotiations covering more than ninety calendar days, totals
approximately $658,288, and covers licensing, installation, implementation and initial
maintenance of their integrated financial system, including individual modules such as
General Ledger, Project Ledger, Payroll, Human Resources, Accounts Payable,
Accounts Receivable, Purchasing, Grant Management, etc. The system is to include
all general features listed in the City's original Request for Proposal, included as an
Attachment A, as well as general and specific features discussed in Bi-Tech's
response to the Request for Proposal. Examples of these features would be specific
application software modules such as General Ledger, Project Ledger, Payroll, Human
Resources, and Accounts Payable, as well as desired functionality features such as
a sophisticated security system for controlling access to the various system modules,
a d¡3tabase file structure, ad hoc reporting capability, etc. The professional services
included in the contract include installation, training, consulting, and data conversion
assistance. The City will only incur charges for these services on an "as used" basis.
The contract requires performance by Bi- Tech and the City in accordance with an
implementation schedule calling for all modules to be operational by October 1, 1999.
The intermediate target dates include estimated completion of hardware installation,
software installation, training, system acceptance, etc. These general task items will
be further defined and dissected into a more detailed implementation schedule when
project planning takes place shortly after contract execution. Payment to Bi-Tech is
phased over the life of the project and conditioned on achieving certain milestones,
including a fifteen percent retention on the software portion of the contract until the
entire system is operational error free for a thirty day period.
Optional annual maintenance fees for the Bi-Tech and Spring brook software will be
fourteen percent of the undiscounted price of the software, or approximately $47,350
for the first year following the warranty period, with annual increases capped by the
lesser of CPI or seven percent. These maintenance fees will insure that the City's
system remains current and that we benefit from improvements made to the system
by the vendor.
The proposed contract with Data General Corporation, also on file with the City Clerk
in substantially final form, totals $331,163 and covers the acquisition, installation, and
implementation of all mini computer file server and system management hardware, and
operating system software. The pricing on the Data General contract reflects
discounts under the State's California Multiple Award Schedule (CMAS). The first
year maintenance fee for the hardware and software provided by Data General,
Informix, et. al. will be approximately $21,290.
13- ~
Page 7, Item
Meeting Date 3/31/98
The Financina
The City currently has a number of critical capital needs with very large price tags that
will require some form of financing due to the limited amount of resources available
to spend on these projects. In addition to this project, examples include the
Corporation Yard, the Animal Shelter, and a new Police Facility. As you know, the
Public Safety Computer Aided Dispatch System and the 800 MHz Communication
System have recently been financed under a lease-purchase agreement through
CaLease. CaLease is a non-profit public benefit corporation established for the sole
purpose of acting as Lessor in lease-purchase transactions as part of the California
Statewide Communities Development Authority's Financing Program, which is
sponsored by the League of California Cities and the California State Association of
Counties. Lease-purchase agreements, like other debt financing structures, increase
the total cost of the project by adding interest costs, but spread the costs over the
useful life of the project, deferring and reducing the financial impacts in anyone year.
Since CaLease actually bids out the financing to various funding sources, staff is
confident that the interest rate obtained is competitive with the current market for
similar financings.
It would be possible to issue Certificates of Participation (Bonds) in order to finance
this project, but the costs of issuance, such as financial advisory services, bond
counsel services, underwriting fees, etc., as well as the cost of continuing disclosure
requirements under new federal regulations, on a financing of this size would in all
like.lihood more than offset any potential interest savings. It would also be possible
to borrow the necessary funding internally from one of the Sewer Funds. However,
since interest rates obtainable through a lease-purchase agreement are currently lower
than the City's investment earnings rate, it makes better sense to keep the internal
funds invested at the higher rate and pay for an external financing at the lower rate.
The recommended financing plan is a lease-purchase agreement between the City as
lessee and CaLease as lessor, and also includes an Escrow Agreement which covers
the flow of funds between CaLease and the City. Both documents are on file with the
Finance Department in substantially final form and have been reviewed and approved
as to form by the City Attorney. The Lease will be a City obligation secured by a lien
on the equipment and a pledge of General Fund moneys. Lease payments will be
required on a semi-annual basis. Once approved, the funding will be deposited in an
escrow account to be withdrawn in accordance with the terms and conditions
included in the individual contracts and purchase orders.
The total cost of the project, excluding the cost of financing (interest) and staff costs,
is estimated at $1,787,595. Subtracting expenditures already made from existing
project appropriations of $37,710, leaves $1,749,885 to be financed. It is
recommended that $841,463 of the cost of the project, which includes the application
software, related professional services, etc., be financed over a ten year time frame
'3,1
Page 8. Item
Meeting Date 3/31/98
due to the expected useful life of the software. It is recommended that $741,349 of
the cost of the project, which includes the Data General Hardware, software and
services, training & travel, temporary help, and contingency be financed over a seven
year time frame, and that the remaining cost of $167,073, which includes personal
computer workstations, printers, etc., be financed over a five year period. These lease
terms are reasonable and consistent with financing market expectations and do not
unduly expose the City to making lease payments on equipment beyond its useful life.
At .an interest rate of 5.46 percent, the interest cost will total approximately
$463,335, as shown in the following lease payment schedule.
Fiscal Total Debt
Year Principal Interest Service
1999 $ 174,119 $105,570 $ 279,689
2000 196,294 83,395 279,689
2001 207,160 72,529 279,689
2002 218,625 61,064 279,689
2003 230,723 48,966 279,689
2004 204,067 36,726 240,793
2005 215,361 25,432 240,793
2006 95,780 15,283 111,063
2007 101,081 9,982 111,063
2008 106,675 4,388 111.063
TOTALS $1,749,885 $463,335 $2,213,220
The Fundina (Debt Service)
Starting with the remaining project costs (excluding City Staff Costs) of $1,749,885,
and adding the financing interest cost of $435,335, the total repayment requirement
to be spread over the next ten years is approximately $2,213,220. Council has
previously approved $309,912 in appropriations for the project. It is recommended
that the available balance in previously approved appropriations of $272,205 be
transferred from the project to a newly established Debt Service Fund to partially fund
the first year lease-purchase payment. The remaining portion of the first year payment
requirement, and all subsequent year requirements will be included in the normal
budget process as transfers out from various Funds to the Debt Service Fund.
When the project was initially approved in fiscal year 1995-96, there were seventeen
different Funds preliminarily designated to fund a proportionate share of the costs.
The number of Funds involved reflects the citywide nature of the project. The current
funding recommendation for the project continues to include the same seventeen
Funds as listed below along with their proportionate share of the funding requirement.
I~/V
Page 9. Item
Meeting Date 3/31/98
General Fund $409,637 (in-kind staff cost only)
Sewer $540,222 RDA BF/TCI $45,019
Transit 360,148 RDA TCII 45,019
Parking Meter 270,111 RDA SW 45,019
Gas Tax 225,093 RDA Otay Valley 45,019
ResConTax 202,583 Low & Mod Hsg. 45,019
Traffic Signal 112,546 Storm Drain 33,764
TransDIF 112,546 TeleCynDIF 28,137
PFDIF 112,546 TransPart 28.137
TOTAL $2.660.564
The percentage shares are based on various factors including transaction volumes,
acc"ount balances, the need for specific systems such as Sewer Billing and Parking
Citation systems, etc., and have not changed significantly since the project was
initially approved. Management may recommend and Council may approve changes
to these funding allocations during the annual budget process over the ten year term
of the lease-purchase agreement.
FISCAL IMPACT:
The fiscal impacts of the recommended actions are first, the authorization to borrow
$1,749,885 through a lease-purchase agreement to be repaid over a ten year term at
an interest rate of 5.46 percent resulting in borrowing costs of $463,335. This
interest rate is lower than the investment interest rate of 5.76% currently earned on
the City's pooled investment portfolio. The proceeds of the borrowing are to be
appropriated in the Capital Improvement Fund to be spent on the various facets of the
project generally including the licensing, installation, and implementation of new
hardware and software systems. Future year debt service requirements are tentatively
approved to be funded from the various Funds indicated and transfers from those
Funds to the Debt Service Fund will be included in the annual budget process. Future
year's annual maintenance fees for all software and hardware are initially estimated
at $68,640, but will increase over time based on changes in the consumer price index.
Annual maintenance fees will be included in the annual budget process.
M:\DATA\MEMOS\DIRECTOR\GG152CON.113
J)..C)
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~~f?- ATTACHMENT A
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- - """'"- ............
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em OF
CHUIA VISfA
PURCHASING DIVISION
INTEGRATED FINANCIAL INFORMATION SYSTEM
REQUEST FOR PROPOSAL
January 31, 1997
ADDENDUM "A"
(Questions and/or Clarifications)
NOTICE IS HEREBY GIVEN that the following changes are effective immediately and are thereby
incorporated in the original Request for Proposal:
1. What Financial and HRJPayroll applications does the City currently use?
Most applications have been developed in-house. However, the City is using a variety of standalone
programs such as, Peachtree, Sigma Tracking System, and a proprietary budget application
developed by Fletcher & Fletcher.
2. Have any vendors provided demonstrations of their products?
No.
3. Has the City contacted or visited other cities?
Yes. Several members of the evaluation team have independently sat-in on automated financial
system demonstrations at other public agencies.
4. Does the City want responses in a particular form? (not specified in RFP)
No. Two specific requirements are called out in the proposal: 1) Sales literature, brochures, or other
superfluous materials should be omitted; 2) Five (5) copies of the proposal are required. Otherwise,
it is the consultant's responsibility to structure the proposal in a comprehensive, yet concise format.
The City further desires that ail bullet points in the RFP and this addendum be addressed.
5. What is the budget for this project?
The budget for this entire project is $1,540,460. This is a cumulative am<?unt which includes
computer hardware and furniture upgrades, software, training, implementation, shipping costs,
applicable taxes, license fees, staff-time chargebacks, and contingencies.
6. Does the City have a desired implementation date?
The projected time frame is covered in the RFP and is subject to change. Ideally, the system would
be up and running by July 1, 1998, A phased implementation plan could result in a variable
completion schedule.
7. What is the driving force behind the project? (e.g. Year 2000, broken systems, reduce
costs, etc.)?
-
The driving force behind the project is the_need to upgrade existing hardware and application
software. Integration of independent or standalone departments is a related concern.
}3,.'O
ATTACHMENT A
"
8. Who will be the Project Sponsor and Project Manager for the City (e.g. IS, Financial)?
The project sponsors are representatives from Finance, Management & Information Services, and
Human Resources. Louie Vignapiano, Director of Management & Infonnation Services, is the
project manager. The City may hire a third party outside consultant to assist with evaluation and
system implementation.
9. Does the Citx have functional and technical staff to work on the project? What is their
planned avaIlability to the project?
Yes. Staff availability is dependent on workload requirements.
10. Where will the project team come from? Have they made plans for space so that the
team can work together?
The City will assign a project team consisting of representatives from Finance, MIS, & Human
Resources. Members of the team may change or be reassigned as the project progresses. Office
space will be provided on-site, at City expense, on an as-needed basis.
11. How many users?
There are approximately 150 - 200 workstations included in this project.
12. What is the approximate number of transaction sly ear?
AIR Invoices - 2,450 Purchase Requisitions - 4,018
Business Licenses - 2,095 Stores Requisitions - 744
Dog Licenses - 3,000 Purchase Orders - 3,500
Alarm Permits - 2,600 Paychecks (biweekly) - 1,200
NP Checks - 14,840 Parking Citations - 30,000
13. Will other agencies (e.g. Cities, Water Districts, County, State) require access and/or
integration WIth the system?
There are currently three (3) other agencies accessing the general ledger system (Coronado, El
Cajon, Imperial Beach). The Purchasing Division interacts with the County of San Diego to
electronically post bids. Eventually, the City may wish to tie-in with other public agencies for
additional cooperative ventures.
14. What references will be required?
A minimum of three (3) references from other cities of comparable size to Chula Vista will be
required. A demons1rationof a successfully operating system in place at a public agency, preferably
in Southern California, is desired.
15. Will other City departments eventually require integration? If so, which departments?
Yes. The City intends to purchase a system to accommodate not only existing, but also, future
demands. The ability for remote, on-line entry of purchasing and stores requisitions citywide is a
minimum requirement.
16. How many concurrent users will have access to the system?
Between 70-80.
17. What network software does the City now use?
Novell 4.1.
18. Will proprietary platforms be excluded?
No. However, in the evaluation process proprietary platforms will be given less weight than open
systems. I S~ I'
~
19. To what extent will system development tools/programs be required?
Up to four (4) licenses for system development software will be required for in-house use.
20. How many characters is the City's chart of accounts?
Between eighteen (18) to twenty-two (22) alpha/numeric characters.
21. Is a bidder's security (bid bond) required?
No. However, a 100% perfonnance bond will be required from the consultant selected.
ADDITIONAL SYSTEM MODULES
Accounts Receivable
8 Ability to create invoices, both new and reoccurring.
. Ability to generate late notices.
. Ability to calculate various late penalty rates, both one time flat rates and ongoing periodic rates.
. Ability to generate aging/delinquency reports and provide miscellaneous statistical.data as
needed.
. Ability to tie-in to general ledger account balances,
8 Ability to generate a series of collection letters.
8 Ability to handle partial payments.
. Ability to print duplicate invoices.
8 Ability to interface and post cash register payments of invoices, parking citations, sewer bills,
etc., against individual accounts.
8 Easy to process corrections and adjustments to customer accounts.
Human Resources
. Comprehensive applicant tracking system which includes recruitment infonnation,
qualifications, and interview history.
. Benefits module capable of generating tickler letters to employees for status changes (marriage,
divorce, age, death). COBRA management capability.
. Training module caI'-able of tracking training provided and generating tickler notices when new
or renewal t:rainIDg is due.
8 Skills assessment, development, and inventory,
8 Ability to track health and safety issues, including drug testing.
. Worker's compensation tracking is desired for implementation at a later date.
PROPOSALS ARE DUE FEBRUARY 18, 1997, BY 5:00 PM AT:
Mailing Address: Physical Location:
City of Chula Vista City of Chula Vista
Purchasing Division Purchasing Office
276 Fourth Avenue 430 Davidson Street, Suite C
-
Chula Vista, CA 91910 _Chula Vista, CA 91910
Voice: (619) 691-5141 Fax: (619) 691-5174
J3-1)-
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.~{~
=~=
~:E~=E
01Y OF
(HULA VISTA
City of Chula Vista
Integrated Financial Information System
Request for Proposal
December 16, 1996
\ 3 /,~
,
CTIY OF CHULA VISTA REQUEST FOR PROPOSAL
PAGE 1
General Information
Background . .
The City of Chula Vista is located seven miles south of downtown San Diego. The City, founded
in 1888 and incorporated in 1911, has a current population of 155,000. There are approximately 750
full-time equivalent employees (1,000 positions) and anywhere from 100-300 seasonal workers. The
City also utilizes a number of volunteer workers to assist various departments.
Chula Vista is a full service City operating under its own charter with a Council-Manager form of
government. The City has a current annual operating budget of $56 million allocated to the
following departments:
. Building & Housing
. City Attorney
. City Clerk
. City Manager
. Community Development
. Finance
. Fire
. Library
. Management Services
. Parks & Recreation
. Personnel
. Plannina
0
. Police
. Public Works Engineering/Operations
In addition, the City has an active Redevelopment Agency and operates a transit system through a
Joint Powers Agency with San Diego County. The City does not operate its water and electric
utilities, and waste hauling is contracted with a local provider.
Intent
The City intends to purchase an Integrated Financial Management System to accommodate
existing and future demands. The following are the City's application requirements:
Finance
cD Accounts Payable cD General Ledger
~ Accounts Receivable ~ Licensing
~ Budget <=*> Payroll
<=*> Fixed Assets <=*> PrograrnlProject Administration
Purchasing -
~ Bid Module .~ Remote Requisition Entry
}3-'1~1
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CITY OF CHULA VISTA REQUEST FOR PROPOSAL
PAGE 2
~ Inventory/Stores Control ~ Purchase Order Module
cD Item Master cD Vendor File'
Human Resources
cD Applicant Tracking ~ Risk Management
cD Benefits cD Worker's Compensation/Disability
Timeframe
The projected timeframe for events in the RFP process are:
Request for Proposal Issued December 16, 1996
Pre-Proposal Conference January 24, 199K 7
Proposals Due February 18,1997
Proposal Evaluations February 19 - March 14, 1997
Vendor Demonstrations March 17 - Apri14, 1997
Negotiations April 7 - April 25, 1997
Award Recommendation Apri129, 1997
Contract Executed May 13, 1997
An optionaJ.. pre-proposal conference has been scheduled for Friday, January 24, 1996, 9 :00-12:00
am. The meeting will take place at:
City of Chula Vista
Public Services Building
Conference Rooms 2 & 3
276 Fourth Avenue
Chula Vista, CA 91910
Prospective bidders are strongly urged. to attend.. The Request for Proposal will be discussed in
depth and questions will be answered. Participants will attend at their sole expense.
Evaluation Criteria
Evaluation of proposals will be based. on the following criteria:
~ Costs; Software, Maintenance, Licensing, Options, Custom Development
and Programming, Training, Hardware AdditionsIModifications.
~ System Design and Functionality.
~ System Reliability an~ Performance Record.
~ System Flexibility, Expandability, and Upgrade Capability.
~ Vendor Qualifications and References.
~ Financial Solvency of V endor.
~ Clarity of Proposal.
~ System Demonstration.
~ Implementation Plan.
-
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CITY OF CffiJLA VISTA REQUEST FOR PROPOSAL
. PAGE 3
The City reserves the right to accept or reject any and all proposals, waive any irregularities in the
proposal process, and award as a whole or incrementally as may be in the City's best overall
interests. The City shall be the sole judge of the suitability of products, services, and system designs
offered.
General Conditions
Overview
The City ofChula Vista is loo1ång for a fully developed financial system that has a track record of
success in other municipalities of similar size to Chula Vista. While the City has very capable :MIS,
Finance, and Human Resource staffs, they are not large. The City does not anticipate being a beta
test site for a new product Thus, the City is interested only in products that are available now and
that will continue to be maintained and enhanced by the selected vendor.
An on-line, real-time, fully integrated system is desired. In addition, a user-friendly, interactive
system must be demonstrated. EDI and Internet functionality shall be integral. The ability to
download, receive, and transmit information from remote end-user systems (i.e. terminals,
workstations, servers) while providing uncompromising security is an expectation. Comprehensive,
yet cost-effective, maintenance and system support shall be provided directly or through a qualified
third party contractor.
F.nviron ment
The City's current environment includes a Unisys V series mainframe as well as networked and
stand alone PC's. It is anticipated that the proposed solution will be a move away from the
mainframe to an "Open Systems" platform utilizing "Client/Server" Ïnftastructure. The successful
vendor will integrate their solution into the City's environment which includes a Novell 4.1 file
server operating over a fiber optic backbone. The fiber segments are connected to Ethernet hubs
which in turn connect approximately 150 PC workstations to the central LAN via 10base T (Category
3 and Category 5) wiring. The majority of these PC's are Intel 486 based processors, but there are
386 and Pentium processors as well.
System Profile
The following list of features for modules is in no way all-inclusive. Rather than give vendors a
detailed list of specification questions to answer, the City is describing in general what would be
optimal. The City then wants vendors to respond with their suggested solutions.
The fully integrated financial system would include the following required or desired modules. For
those labeled desired, the City may purchase the systems from another vendor, keep the module it
has, or choose to develop the module in-house using the development tools within the system bid.
General Ledger - required
Accounts Payable - required
Accounts Receivable - required
Payrol1/PersonneIIBenefits - required
Fixed Assets - required
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CITY OF CHULA VISTA REQUEST FOR PROPOSAL
PAGE 4
Pmæ~mgwrocmem~~-r~ooed
Inventory Control- required
Bank Reconciliation - required
Budgeting - desired
Utility Billing - desired (sewer and stonn drain only)
Treasury Management - desired
Cash Receipts -desired
Busmess License - desired
Dog License - desired
Parking Citation - ~esired
Project Accounting - desired
Complaint and Council Referral Tracking - desired
Equipment Maintenance/Replacement System - desired
Land Use Inventory - desired
General System Features
. Sophisticated security system that allows for control at the module, department, group, item,
individualleve4 etc. of both inquiry and update capabilities. This should be a system that is easy
to administer.
. Distributed system that allows for both on-line and batch entry of data.
. System designed to rninirni7.e the amount of entry required and rninirni7.e redundancy of data
(such as addresses). This applies to data entry, inquiry, report generation and maneuvering
within and between modules. It would also include features such as bypassing menu systems
and "drill down". A major feature of this would be integration of the various modules.
. FlexIòilityin defining field definitions, sizes, data edits, calculations (also easy to administer).
Flexibility in defining screens, naming data fields. Ability to define "short cut" names. Edit
capabilities across modules.
. Full set of pre-defined reports for each module that are easily modified by user.
. Ad hoc inquiry and reportÚlg that provides complexity and sophistication r~uired by MIS
professionals, but also is easily used by the casual and occasional user.
. Additional system development tools for in-house development of additional modules using the
same database. Software development toolset shall be provided.
. Source code shall be provided and easy to use for internal development purposes.
. Flexible database design with user-~efinable fields and field characteristics in most modules.
-
. Industry standard database management environment that can run on multiple platforms,
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CITY OF CHULA VISTA REQUEST FOR PROPOSAL
PAGE 5
. Flexibility in output such as distributed or central printers, screen, data file, microfiche, CD-
ROM.
. Migration to a paperless system for user entry with electronic approval levels.
. System fully supportive of accounting and reporting requirements as mandated by Government
Accounting Standards Board (GASB), Generally Accepted Accounting Practices (GAAP), State
and Federal governments.
. Provide for electronic funds transfer into and out of the system fo~ such applications as sewer
payments, automatic payroll deposit.
. Clear and concise documentation that is understandable by both users and technical personneL
On-line 'help' that is easy to use and to keep up.
. Sophisticated transaction history, audit trails and archiving capabilities in all modules,
. Download, upload, or interface with spreadsheet, word processing, and other database systems.
8 Generate and print/plot graphics based on historical and cun-ent data.
. Ability to scan information such as personnel applications, payroll cards, applicant tests, vendor
mVOlces.
. Ability to support many simultaneous on-line users and batch processing on the same or different
modules without degrading response time.
8 Provide for sophisticated backup and recovery to minimize user downtime.
8 Provide for sophisticated year-end closing of old periods and opening of new.
. Provide grant and CIP project accounting that spans multiple years or fiscal years different from
the City's.
. Well-defined and easy migration to new releases of software and upgrades of hardware and
system software.
. Ability to generate letters and labels for such applications as applicant tracking, accounts
receivable/collections, land use inventory public notices. Ability to provide data to mail houses
for automated postal processing.
. Ability to do projections of actual vs budgeted, using information such as payroll cycle,
requisitions in process, encumbrances, expenditures. Ability to do "what if" projectio~.
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CITY OF CHULA VISTA REQUEST FOR PROPOSAL
PAGE 6
- Workstation configuration supporting this system will also allow access to other systems (one
desk - one terminal).
- Capability to easily interface with. outside users/agencies. AlSO,. remote access for
telecommuting employees.
- System provides usage. statistics such as number of checks, purchase orders, cash transactions,
and other transaction counts.
General T ,ed~er
- User definable General Ledger account number with flexibility in hierarchy, summary levels,
sub-accounts, budget units, grants, CIP projects, grouping across funds. Flexible reporting on
account numbers. Flexible reporting refers to ability re-group for State Controller Report; annual
audit reports as well as monthly and quarterly reports for management.
- Ability to have multiple fiscal years open at the same time.
- Flexibility in defining accounting periods.
- Reports can be run on any fiscal year, any accounting period or any other defined time period.
- System generates user -defined General Ledger entries as appropriate for transactions entered into
other modules that affect GL. This is for both batch and on-line entry into the other modules.
(purchasing, accounts payable, etc). Should be flexible to define detail or summary GL
transactions.
- Provide complex year-end closing processes such as trial closing and balance sheet, GL balances
forward to new FY.
- System will accommodate all classifications of governmental funds and provide for full accrual,
modified accrual and cash bases.
Accounts Payable
- Ability to configure system to check budget over-run status at the summary level (all supplies
and services accounts for all divisions within a department) as well as check on selective line
items (travel within a division). Provide for budget override for selective security levels only.
- Ability to encumber funds for administrative purposes (without use of vendor).
- Ability to define recurring charges and to generate reversing entries.
- Ability to generate one or multiple checks to a vendor.
- Ability to enter manual checks and account for void checks. -
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CITY OF CHULA VISTA REQUEST FOR PROPOSAL
PAGE 7
. Ability to accommodate multiple bank accounts.
. Ability to project status of cash accounts by fund for use in determining check runs. Ability to
flag a payable for cun-ent or future paYItlent (i.e. schedule invoices for payment).
. Full on-line inquiry capability by vendor name or number, check number, account number, date,
vendor invoice number, purchase order number, requisition number.
. Provide full 1099 reporting including required reporting to the IRS.
. Ability to compare Accounts Receivable and Accounts Payable data to identify payees who owe
the City money.
. Perform automated partial or complete encumbrance liquidation.
. Process credit and debit memos to adjust amount due when items are returned or an invoice is
inCOITect.
. Process direct payments (no purchase order or document number), emergency purchase orders
(document number, but no pre-entry or distribution), and full or partial payment of purchase
orders.
. Ability of the system to distribute cost among account numbers based on percentage or dollar
amounts.
. . Automatic restart capability for check runs to minimi7.e reprocessing or check destruction.
. Ability to generate checks daily, weekly, or on request. Ability to print checks centrally or
distributed (with proper controls).
Payroll
. Provide for both positive and exception payroll processing. (Currently permanent employees are
on exception payroll processing and temporary employees on positive.)
. Allow for multiple employee groups with different pay and benefits definitions for each group.
Allow for benefitted permanent (full and part-time) and non-benefitted tempornry (full and part-
time) employees.
. Full processing of Police and Fire payrolls with all of the features unique to this type of payroll.
. FLSA compliance.
. Full compliance with PERS requirements.
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CITY OF CHULA VISTA REQUEST FOR PROPOSAL
PAGE 8
8 Salary table that accommodates steps as well as bands.
8 Ability to handle PARS (alternative to PERS and FICA).
8 . Sophisticated ability for user to define earnings, deductions and leave accruals including defining
order of priority when processing pay,
8 Ability to override group features on a case by. case basis (with proper security level
capabilities).
8 Ability to track workers comp time and reimburse leave accounts once workers comp
determination is made.
8 Ability to handle retroactive pay and benefits,
8 Position control capability,
8 Process salary reductions such as volunteer time off (VTO), furlough.
8 Easy update of system with changed infonnation such as tax tables, deduction changes (medical,
dues, etc.), MOD changes (salary, benefits).
8 Full W-2 reporting including ability to reprint a single W-2and the reporting of non -cash fringes
required on the W-2 that isn't necessarily part of the regular pay.
- 8 Multiple totals on most fields (calendar year-to-date, fiscal year-to-date).
8 Ability to generate expenditure and payable records to multiple accounts for all payroll costs.
8 Strong interface from Payroll to Accounts Payable, G/L and the Budget system.
8 Ability to void checks and reissue on-line. Ability to generate single checks such as termination
checks (with proper controls).
8 Provide for distributed entry of time sheet infonnation with update controlled at a central
location. Also provide for batch entry.
8 Ability to enter future changes that won't be implemented until the effective date.
8 Calculate and print third party checks for garnishments.
8 Provide automatic payroll direct deposit. Desirable to have ability to deposit in more than one
account.
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CITY OF CHULA VISTA REQUEST FOR PROPOSAL
PAGE 9
. User definable pay stub for reporting current and year-to-date information on pay, deductions
and accruals.
. Automatic restart capability for check runs to minimi7.e reprocessing or check destruction.
. More sophisticated controls than on other systems. More capability to limit update and inquiry.
Ability to generate mailing labels with or without employee number (social security number).
Edits and audit trail that reports large variances in changes (i.e. salary that increases 50%).
Fixed Assets
. Ability to identify assets with budget unit, location, multiple funding sources.
. Bar-code or other similar asset control method to simplify inventory.
. Depreciation calculation.
. Handle donated equipment
. Ability to add components to asset items.
. Ability to track equipment transfers, disposal, partial disposal, construction in progress.
. Ability to tie to GIS for land inventory.
ðxrchasing
. Allows for remote entry of on-line requisitions.
. Ability to create request for quote, purchase order(s), or blanket order release(s) from a
requisition.
. Ability to split a requisition among multiple purchase orders.
. Ability to group requisitions to a single purchase order.
. Ability to cancel requisitions and purchase orders, disencumber funds, and maintain a record
of each transaction step.
. Ability to create a purchase order without having to first generate a requisition.
. Ability to create multiple expense account lines and ship-to addresses on a single purchase order.
. Budget authorization approval capability which can be turned off or overridden.
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CITY OF CHULA VISTA ' REQUEST FOR PROPOSAL
PAGE 10
8 Integrated receiving module with the capability of remote on-line posting of multiple receipts
against a single purchase order.
8 Easy to use word processing features; such as, cut and paste, text copy, merge, delete.
8 Item master which can be custom tailored to meet City's specific needs, use an industry standard
(i.e. NIGP classifications); or in combination. Ability to default item description from item
master to requisition or purchase order item description field.
8 Integrated ability to fully support City storeroo~ including an inventory module for monitoring
stock levels and reorder points.
8 Ability to accommodate change order requests with minimal effort and optimum control.
8 Ability to sort field records and data to compile mange reports.
8 Provide capability to create current and future year requisitions and purchase orders.
Bank Reconciliation
8 Ability to accept information ITom the bank (check, deposit, wire transfer activity, NSF checks
and bank fees and adjustments) and to transmit information to the bank (positive pay).
8 Monitor check sequence to account for all checks.
8 Handle multiple bank accounts.
Budeet
8 Fully integrated with the Payro1l/Personnel, G/L, and Accounts Payable.
8 Multiple levels for review and approval.
8 Multi-year history of expenditures and revenues.
8 Ability to do complex calculations, trend ~ysis and "what if' scenarios.
8 Capability to handle performance and/or program budgeting.
8 Ability to handle multi-year budgets for both operating and capital improvement budgets.
8 Provide severa1levels of budget document detail for department use, administration, Council and
general public.
8 Have strong word processing component or link to word processing.
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CTIY OF CHULA VISTA REQUEST FOR PROPOSAL
PAGE 11
. Provisions for preparation and submittal of budget supplements (not integrated into the overall
budget until past review processes).
Utility Bi1Iin~
. Ability to define multiple billing cycles, billing categories, service levels for sewer and storm
drain.
. User definable order of payment processing.
. Ability to break payment down into component parts for posting to various sewer funds,
. Generate aging reports, late notices, collection letters, etc.
. Ability to customize bill format and add narrative message to all bills, selected groups of bills
or individual bills.
. Generate partial bills and counter bills.
. Interface with Sweetwater Authority water billing system to get information on water usage and
account adds, changes, and deletes.
. Easy on-line inquiry for answering customer questions on billing, account history, etc.
Treasury Management
. Provide an interest apportionment component that apportions interest earned on the City's pooled
investments among the selected funds based on average cash balances.
. Provide tracking of City investments and reporting that conforms with California State
requirements.
. Cash flow analysis.
Complaint & City Council Referral Trackin~
. Use by multiple applications with user customization for each application (such as, public works
complaints and City Council staffrefeI.Ta1s).
. Ability to define priorities and response levels.
. Flexibility and ease in 'maintaining naITative data.
-
. Easy forms design.
Equipment MaintenancefReplacement System -
. Ability to handle both time and material, and rental rate charges. -
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CITY OF CHULA VISTA REQUEST FOR PROPOSAL
PAGE 12
8 Multiple year history of equipment maintenance including fuel, labor, parts, outside
maintenance, mileage, usage.
8 Evaluation of equipment for replacemen~ based on user defined criteria such as age, maintenance
history, expected life span.
8 Generate budget amounts for equipment maintenance and annual equipment replacement
charges.
8 Interface with automated fuel system for posting fuel usage.
8 Preventive maintenance tracking.
8 Generate monthly charges for entry into G/L for monthly equipment maintenance and equipment
replacement charges.
I ,and Use Inventory
8 Ability to accept County of San Diego Assessor data to update property information.
8 User ability to designate a full rangeofland uses.
8 Ability to define and make mass changes with minimum effort.
8 Ability to interface with GIS and Sierra (building permits) systems.
Supplemental Conditions
Warranty and Maintenance
Consultant's software and hardware provided shall be covered under warranty for not less than a
period of one year from acceptance by the City. Subsequent maintenance shall be provided by
mutual agreement Pricing for annual maintenance agreement renewals shall not exceed the All
Urban Consumers Index (Cpr-U) for the preceding year of coverage.
System Support
An unrestricted, perpetual software license shall be granted the City for use of the system provided.
The City shall also receive one complete copy of the progrnm source code and software development
tools. Associated documentation shall be accurate, up-to-date, and easy to read. Proprietary
information shall be clearly defined. and will be kept confidential only to the extent allowed by
applicable law.
Trainin~
Training programs should be described in detaiL Training shall be conducted on:'site, in City -
facilities, and shall completely familiarize staffwith system operation.
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CITY OF CHULA VISTA REQUEST FOR PROPOSAL
PAGE 13
Hardware Acquisitions
Consultant shall provide minimum hardware configurations and specifications necessary for
optimum system perfonnance. The City reserves the right to purchase hardware directly from
consultant or through other means as may be in the City's best interests.
A~reement
Selected provider agrees to enter into a standard two-party City agreement. The City reserves the
right to modifY, and/or include additional terms, conditions, or supplemental provisions,
'proposal Submittal
Overly elaborate proposals are discouraged. No sales literature, brochures, or other superlluous
materials should be included. Five (5) copies of the proposal are required. Proposals submitted
shall become the property of the City and will not be returned. There will be no public bid opening.
Proposals will be evaluated by committee and ranked accordingly.
C\JOIINIFIN.sYS
JPOb 12196
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CITY OF CHULA VISTA REQUEST FOR PROPOSAL
PAGE 14
GENERAL PROVISIONS
PLEASF;READ CAREFULLY
THESE PROVISIONS ARE A PART OF YOUR BID AND ANY CONTRACT AWARDED
The bidder agrees that:
A, Bidder bas carefiùly examined the specifications, and all provisions relating to the item.(s) to be furnished or
the work to be done; understands the meaning, intent, and requirements; and
B, Bidder will enter into a written contract and furnish the item(s) or complete the work in the time specified, and
in strict conformity with the City of Chula Vista specifications for the prices quoted.
Note: Bidder is defined as any individual, foartnershi.s: or corporation submitting a bid, proposal, or quotation in
response to a request for bid, re~est or propos or request for quotation. A bidder may also be referred to
as consultant, contractor, supplier, or vendor,
1. Prices:
All prices and notations must be in ink or typewritten. Mistakes may be crossed out and corrections typed or
written with ink adjacent to the error; corrections must be initialed in ink by the person signing the bid.
Bids shall indicate the unit price extended to indicate the total price for each item bid. Any difference between the
unit price correct1.y extended and the total price shown for all items bid shall be resolved in favor of the unit prices,
except when the bidder clearly indicates that the total price for all items bid is based on consideration of being
awarded the entire lot and that an adjustment of the total price is being made in consideration of receiving the entire
bid.
2. Bidder's Security:
A bid deposit in an amount equal to at least 10% of the bid may be required as a bid security by the City. The bid
security may only be in cash, a cashier's check, a certified check made payable to the City of Chula Vista, or a
bidder's bond. If the bid security is a bond, it shall be executed by a surety insurer authorized to issue surety bonds
in the State of California, The bid security must be executed by the bidder and enclosed with the bid proposal in
the sealed bid envelope.
3. Items Offered:
If the item offered bas a trade name, brand and/or catalog number, such shall be stated in the bid. If the bidder
proposes to furnish an item of a manufacturer or vendor other than that mentioned on the face hereof, bidder must
specify maker, brand, quality, catalog number, or other trade designation. Unless such is noted on the bid form,
it will be deemed that the item offered is that designated even though the bid may state "or equal",
4. Brand Names:
Whenever reference to a specific brand name is made, it is intended to descn'be a. component that has been
determined to best meet operational, performance, or reliability standards of the City, thereby incorporating these
standards by reference within the specifications. An equivalent ("or equal") may be offered by the bidder, subject
to evaluation and acceptance by the City. It is the bidder's responsibility to provide, at bidder's expense, samples,
test data, or other documentation the City may require to fully evaluate and determine acceptability of an offered
substitute. The City reserves the sole right to reject a substituted component that will not meet or exceed City
standards.
50 Samples:
Samples may be required for bid evaluation and testing purposes. Bidders shall agree to provide samples within
forty-eight (48) hours upon request and at no additional cost to the City.
6. Verify Quotations:
Prices shall be verified prior to bid submittal, as withdrawal or Correction may not be permitted. after the bid has
been opened. -
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CITY OF CHULA VISTA REQUEST FOR PROPOSAL
PAGE 15
7. Firm Prices:
Prices on bid shall be firm prices not subject to escalation. In the event the specifications provide for escalation,
the maximum limit shall be shown, or the bid shall not be considered. In the event of a decline in market price
below a price bid, the City of Chula Vista shall receive the benefit of such decline,
8. Modification or Withdrawal of Bids:
Bids may be modified or withdrawn by written or facsimile notice received prior to the exact hour and date
specified for receipt of bid. A bid may also be withdrawn in person by a bidder, or bidder's authorized
representative, prior to the exact hour and date set for receipt of bids. Telephone withdrawals are not permitted.
9. Late Bids and Modifications or Withdrawals:
(a) Bids and modifications of bids (or withdrawals thereot: if this solicitation is advertised)-received at the office
designated in the solicitation after the exact hour and date specified for receipt will not be considered wiless:
(1) they are received before award is made; and either (2) they are sent by registered, express, or certified mail
for which an official dated post office stamp (postmark) on the origiDal mail receipt has been obtained and it
is determined by the City that the late receipt was due solely to delay in the mails for which the bidder was not
responsible; or (3) if submitted by mail, it is determined by the City that the late receipt was due solely to
mishandling by the City after receipt, provided that timely receipt is established upon examination of an
appropriate date or time stamp (if any) or of other documentary evidence of receipt (if readily available) within
the control of the City or of the Post Office serving it. However, a modification of a successful bid which
makes the terms of the bid more favorable to the City will be considered at any time it is received and may
thereafter be accepted.
(b) The time of mailing of late bids submitted by registered, express, or c...'"rtified mail shall be deemed to be the
last minute of the date shown in the postmark on the mail receipt or registered mail wrapper, unless the bidder
furnishes evidence from the post office station of mailing which establishes an earlier time.
10. Mistake in Bid:
(a) If the bidder discovers a mistake in bid prior to the hour and date specified for receipt of bid, bidder may
correct the mistake by modifying or withdrawing the bid in accordance with Items 8 and 9 above-
(b) If within seventy-two hours of the bid closing and prior to the issuance of a purchase order or a contract, the
apparent low and best bidder discovers a mistake in bid of a serious and significant nature which is unfavorable
to bidder, bidder may request consideration be given to modifying the bid if it remaÏns the lowest bid or to
withdrawal of the bid if the result of the correction of the mistake makes another bidder lowest and best bidder,
The mistake mnst be evident and provable. The right is reserved by the City to reject any and all requests for
correction of IIristakes in bids received after the hour and date of the bid closing. The decision of the
Purchasing Agent is final as regards acceptance or rejection of requests for correction of bids,
(c) A mistake in bid cannot be considered once a purchase order or contract is issued.
11. Signature:
All bids shall be signed and the title and firm name indicated. A bid by a corporation shall be signed by an
authorized officer, employee or agent with his or her title.
12. No Bids:
If no bid is to be submitted, the bid should be marked "No Bid" and returned to maintain the bidder's name in the
vendor file for future solicitations. A letter or postcard may be submitted. If a bidder fails to respond to a
reasonable number of bids without returning a '"No Bid", the Purchasing Agent reserves the right to delete the
bidder from the vendor file for future solicitations.
13. Alternative Proposals:
To be responsive to the bid, bidder must submit a proposal that meets all specific bid requirements. Once biåder
has proposed a product which is responsive to the specification, bidder may include V!Îth the bid any additional
proposals or alternative products that bidder believes can meet or exceed the City's requirements and that may offer
additional advantages, benefits, or cost savings. The City reserves the right to evaluate, and accept or reject, such
, S - :>-8'
CTIY OF CHULA VISTA REQUEST FOR PROPOSAL
PAGE 16
alternatives as though they were part of the original specifications without advertising for further bids, when in the
best interests of the City, Any awards so made will be based on operational and cost analysis considerations that
would result in the optimum econouùc advantage to the City.
14. Confidential Information:
Any information deemed confidential or proprietary should be clearly identifïed by the bidder as such, It may then
be protected and treated with confidentiality only to the extent permitted by state law. Otherwise the information
shall be considered a public record. Information or data submitted with a bid will not be returned.
15. Quality:
Unless otherwise required in the specifications, all goods furnished shall be new and unused.
16. Litigation Warranty:
The bidder, by bidding, warrants that bidder is not currently involved in litigation or arbitration concerning the
materials or bidder's performance concerning the same or similar material or service to be supplied pursuant to this
contract of specification, and that no judgments or awards have been made against bidder on the basis of bidder' s
performance in supplying or installing the same or similar material or service, unless such fact is disclosed to the
City in the bid. Disclosure will not disqualify the bidder. The City reserves the right to evaluate bids on the basis
of the facts surrounding such litigation or arbitration and to require bidder to furnish the City with a surety bond
executed by a surety company authorized to do business in the State of California and approved by The City of
Chula Vista in a sum equal to one hundred percent (100%) ofthe contract price conditional on the faithful
performance by bidder of the contract in the event the bid is awarded to bidder, notwithstanding the litigation or
arbitration.
17. Royalties, Licenses and Patents:
Unless otherwise specified, the bidder shall pay all royalties, -license and patent fees. The bidder warrants that the
materials to be supplied do not infiinge any patent, trademark or copyright and further agrees to defend any and
all suits, actions and claims for infiingement that are brought against the City, and to defend, indemnify and hold
harmless the City from all loss or damages, whether general, exemplary or punitive, as a result of any actual or
claimed infiingement asserted against the City, the bidder or those furnishing material to bidder pursuant to this
contract.
18. Performance Standards:
Performance of work and acceptability of equipment or materials supplied pursuant to any contract or award shall
be to the satisfaction of the City,
19. Warranties:
( a) All material, labor or equipment provided under the contract shall be warnmted by bidder and! or manufacttIrer
for at least twelve (12) months after acceptance by City. Greater wammty protection will be accepted. Lesser
warranty protection must be indicated by bidder on the bid proposal as an exception.
(b) Bidder shall be considered primarily responsible to the City for all wammty service, parts and labor applicable
to the goods or equipment provided by bidder under this bid or aWard, irrespective of whether bidder is an
agent, broker, fabricator or manufacturer's dealer. Bidder shall be responstòle for ensuring that warranty work
is perfonned at alloca1 agency or facility convenient to City and that services, parts and labor are available and
provided to meet City's schedules and deadlines. City may require bidder to post a performance bond after
contract award to guarantee performance of these obligations. Bidder may establish a service contract with
a local agency satisfactory to City to meet this obligation ifbidder does not ordinarily proviœ warranty service,
20. Addenda:
The effect of all addenda to the bid documents shall be considered in the bid, and said addenda shall be made part
of the bid documen1s and shall be returned with them. Before submitring a bid, each bidder shall ascertain whether
or not any addenda have been issued, and failure to cover in this bid any such addenda issued ~Y render the bid
invalid and result in its rejection. - ~ -
)?;-' d1
.
CrIY OF CIruLA VISTA REQUEST FOR PROPOSAL
PAGE 17
1.1. Specifications to Prevail:
The detailed requirements of the specifications shall supersede any conflicting reference in these General Provisions
which are in conflict therewith,
22. Taxes:
The City will furnish Exemption Certificates for Federal Excise Tax, The City is liable for State, City and County
Sales Taxes. Do not include this tax in the amount bid. However, tax is to be added by the successful bidder to
the net amount invoiced. All or any portion of the City Sales Tax returned to the City will be considered in the
evaluation of bids.
23. Conflict of Interest:
No City employee or elected or appointed member of City government, or member of the employee's immediate
family, may participate directly or indirectly in the procurement process pertaining to this bid if they:
(a) Have a financial interest or other personal interest which is incompatible with the proper discharge of their
official duties in the public interest or would tend to impair their independence, judgment or action in the
performance of their official duties.
(b) Axe negotiating for or have an arrangement concerning prospective employment with bidder. The bidder
warrants to the best of his knowledge that the submission of the bid will not create such conflict of interest.
In the event such a conflict occurs, the bidder is to report it immediately to the Purchasing Agent. For breach
or violation of this warranty, the City shall have the right to annul this contract without liability at its discretion,
and bidder may be subject to damages and/or debannent or suspension.
24. Gratuities:
The City may rescind the right of the bidder to proceed under this agreement if it is found that gratuities :in the form
of entertainment, gifts, or otherwise are offered or given by the bidder, or any agent or representative of the bidder,
to any officer or employee of the City with the intent of influencing award of this agreement or securing favorable
treatment with respect to performance of this agreement.
25. Faithful Performance Bond:
The successful bidder may be required to furnish the City with a surety bond conditioned upon the faithful
performance of the contract. This may take the form of a bond executed by a surety company authorized to do
business in the State of California and approved by the City of Chula Vista, an endorsed Certificate of Deposit, or
a money order or a certified check drawn on a solvent bank. The bond shall be in a sum equal to one hundred
percent (100%) of the amount of the contract price. Such bond or deposit shall be forfeited to the City in the event
that bidder receiving the contract shall fail or refuse to fulfill the requirements and all terms and conditions of the
contract.
26. Insurance:
Should work be required on City premises, bidder shall provide proof of liability and property damage insurance
prior to performance of duties, Coverage shall be from a company authorized to transact business in the State of
California and shall be in an amount not less than $1,000,000 combined single limit (CSL), unless otherwise
specified. The City of Chula Vista shall be named as an additional insured and thirty (30) days notice of
cancellation shall be indicated. Worker's Compensation coverage for each employee engaged in work on City
premises is required. Bidder is solely responsible for all insurance premimn payments.
27. Indemnification:
Bidder shall defend, indemnify, protect and hold hamùess the City, its elected and appointed officers, employees,
and agents, fi:omand against all claims for damages, liability, and expenses (including attorney's fees) arising out
of this agreement and/or bidder's performance hereunder, except as to such damages, liability, and expenses due
to the sale negligence or willful acts of the City, its officers, employees or agents,
28. Award of Contract:
(a) Bids will be analyzed and award will be made to the lowest, responsive and responsible bidder whQse bid-
conforms to the solicitation and whose bid is considered to be most advantageous to the City, price and other
3~3tì
CTIY OF CHULA VISTA REQUEST FOR PROPOSAL
PAGE 18
factors considered. Factors to be considered may include, but are not limited to: bidder's past performance,
total unit cost, economic cost analysis, life cycle costs, warranty and quality, maintenance cost, durability, the
operational requirements of the City and any other factors which will result in the optimum economic benefit
to the City,
(b) The City reserves the right to reject any itém or items, to waive informalities, technical defects and minor
irregularities in bids received; and to select the bid(s) deemed most advantageous to the City. The City will,
however, consider bids submitted on an "all or notlring" basis if the bid is clearly designated as such.
(c) The City reserves the right to award one or more contracts on the bids submitted, either by award of all items
to one bidder or by award of separate items or groups of items to various bidders as the interests of the City
may require, unless the bidder clearly specifies otherwise in his bid.
(d) For the purpose of evaluating bids for multiple awards, the sum of $100,00 is considered to be the
. admini!:trative cost to the City for issuing and administering each contract awarded under this solicitation, and
individual awards will be made for the items and combinations of items which result in the lowest aggregate
price to the City, including such administrative cost
(e) Upon acceptance by the City of Chula Vista, the solicitation, bid, proposal, or price quotation and a purchase
order issued to the successful bidder shall be deemed to result in a binding contract incorporating those terms
and these General Provisions without further action required by either party. Items are to be furnished as
descn"'bed in the bid and in strict conformity with all instructions, conditions, specifications, and provisions in
the complete contract, as defined by this clause 28 or any related integrated agreement.
29. Bid Results:
To obtain bid results, either (1) attend bid opening or (2) provide a self-addressed, stamped envelope referencing
bid number, and bid tabulation will be mailed to you upon verification of extensions or (3) visit the Purchasing
Department no sooner than three working days after bid opening to review bid tabulation. Due to time constraints,
bid results cannot be given out over the phone.
30. Protests:
Protests by unsuccessful bidders to the selection for award shall be submitted in writing to the Purchasing Agent
no later than ten (10) calendar days after award recommendation. The unsuccessful bidder shall have the right to
appear at the City Council to protest any award to be confirmed by Council. Failure to submit a timely written
protest to the Purchasing Agent shall bar consideration of such protest
31. Documentation:
Due to the time constraints that affect contract performance, all required documents, certificates of insurance and
bonds shall be provided to the City within ten (10) calendar days following award or date of request by City,
whichever is later. Any failure to comply may result in bid being declared non-responsive and rejected, and at
City's option the bid bond may be attached for damages suffered.
32. Discounts:
(a) Prompt payment discounts offered for payment within less than fifteen (15) calendar days will not be
considered in evaluating bids for award. However, offered discounts of less than 15 days will be taken if
payment is made witlrin the discount period, even though not considered in the evaluation of bids.
(b) In connection with any discount offered, time will be computed. from date of delivery and acceptance, or
invoice receipt, whichever is later. Payment is deemed to be made for the purpose of earning the discount on
the date of mailing of the City check.
(c) Any discount offered other than for prompt payment should be included in the net price quoted and not
included in separate terms, In the event this is not done, the City reserves the right to accept the discount
offered and adjust prices accordingly on the Purchase Order.
33. Seller's Invoice:
Invoices shall be prepared and submitted in duplicate to address shown on the Purchase Order. Separate invoices
are required for each Purchase Order. Invoices shall contain the following infonnation: Purchase Order number~
item number, description of supplies or services, sizes, unit of measure, quantity, unit price and extended totals.
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CITY OF CHULA VISTA REQUEST FOR PROPOSAL
PAGE 19
34. Inspection and Acceptance:
Inspection and acceptance will be at destination unless specified otherwise., and will be made by the City department
shown in the shipping address or other duly authorized representative of the City, Until delivery and acceptance,
and after any rejection, risk ofloss will be on the bidder unless loss results from negligence of the City.
35. Lost and Damaged Shipments:
Risk of loss or damage to items prior to the time of their receipt and acceptance by the City is upon the bidder. The
City has no obligation to accept damaged shipments and reserves the right to return at the bidder's expense
damaged merchandise even though the damage was not apparent or discovered until after receipt of the items.
36. Late Shipments:
Bidder is responsible to notify the City dePartn:lent receiving the items and the Purchasing Agent of any late or
delayed shipments. The City reserves the right to cancel all or any part of an order if the shipment is not made as
promised.
37. Document Ownership:
( a) All technical documents and records originated or prepared pursuant to this contract, including papers, reports,
charts, and computer programs, shall be delivered to and become the exclusive property of the City and may
be copyrighted by the City. Bidder assigns all copyrights to City by undenaking this agreement.
(b) All inventions, discoveries, enhancements, changes, or improvements of computer programs developed
pursuant to this contract sbaIl be the property of the City, and all patents or copyrights sbaIl be assigned to City,
unless otherwise agreed. Bidder agrees that City may make modifications to computer software furnished by
bidder without infringing bidder's copyright or any license granted to City.
38. Advertisements, Product Endorsements:
City employees and agencies or organizations funded by the City of Chula Vista are prohibited from miling
endorsements, either implied or direct, of commercial products or services without written approval of the City
Manager. No bidder may represent that the City of Chula Vista has endorsed their product or service without the
Purchasing Agent's prior written approval.
39. Çíty Provisions to Prevail:
Except as specified in the specifications, the City's standard General Provisions shall govern any contract award.
Any standard terms and conditions of bidder submitted by bidder shall not be acceptable to City unless expressly
agreed to by the City, The City reserves the right to reject bidder's bid as non-responsive, to consider the bid
without bidder's standard terms and conditions, ot to require bidder to delete reference to such as a condition of
evaluation or award of the bid. It: after award of contract, bidder (contract vendor) shall provide materials to
services accompanied by new or additional standard terms or conditions, they too shall be considered void and City
may require deletion as a further condition of performance by vendor. To the extent not otherwise provided for
by the contract documents, the California Commercial Code shall apply,
40. Invalid Provisions:
In the event that anyone or more of the provisions of this agreement shall be found to be invalid., illegal or
unenforceable, the remaining provisions shall remain in effect and be enforceable.
41. Amendments and Modifications:
The Purchasing Agent may at aný time, by written order, and without notice to the sureties, make a modification
to the contract or an amendment to the Purchase Order, within the general scope of this contract, in (1) quantity of
materials or service, whether more or less; (2) drawings, designs, or specifications, where the supplies to be
furnished are to be specially manufactured for the City; (3) method of shipment or packing; and (4) place of
delivery. If any such change causes an increase or decrease in the cost or the time required for the performance
of this contract, an equitable adjustment shall be made by written modification of the contract or amendment to the
Purchase Order. Any claim by the bidder for adjustment under this clause must be asserted within 30 calendar days
from the notification date, -
t ?,/~ r
CITY OF CHULA VISTA REQUEST FOR PROPOSAL
PAGE 20
42. Assignment:
Vendor shall not assign or delegate duties or responsibilities under this agreement, in whole or in part, without prior
written approval of the City.
43. Disputes:
Except as otherwise provided in these provisions, any dispute concerning a question of fact arising under this
contract which is not disposed of by agreement shall be decided by the Purchasing Agent, who shall reduce this
decision to writing and mail a copy to the bidder, The decision of the Purchasing Agent shall be final and
conclusive, unless bidder requests mediation within ten (10) calendar days. Pending final decision of a dispute, the
bidder shall proceed diligently with the performance of the contract and in accordance with the Purchasing Agent's
decision.
44. Mediation:
Should an unresolved dispute arise out of this agreement, any party may request that it be submitted to mediation.
The parties shall meet in mediation within thirty (30) days of a request, The mediator shall be agreed to by the
mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by
either the American Arbitration Association, the California State Board of Mediation and Conciliation, or other
agreed-upon service, The mediator shall be selected by a "blindfold" process.
The cost of mediation shall be borne equally by both parties. Neither party shall be deemed the prevailing party.
No party shall be pemritted to file a legal action without first meeting in mediation and malciiJ.g a good faith attempt
to reach a mediated. settlement The mediation process, once commenced by a meeting with the mediator, shall last
until agreement is reached by the parties but not more than sixty (60) days, unless the maximum rime is extended
by both parties.
45. Lawful Performance:
Vendor shall abide by all Federal, State and Local Laws, Ordinances, Regulations, and Statutes as may be related
to the perfonnance of duties under this agreement. In addition, all applicable permits and licenses required shall
be obtained by the vendor, at vendor's sole expense,
46. Annual Appropriation of Funds:
Multi-year term supply and service contracts and leases are subject to annual appropriation of funds by the City
Council Payments made under term contracts and leases are considered items of current expense, Purchase Orders
are funded when issued; therefore, they are current expense items and are not subject to any subsequent
appropriation of funds.
In the event sufficient funds are not appropriated for the payment of lease payments or anticipated term contract
payments required to be paid in the next occurring lease or contract term, and if no funds are legally available from
other sources, the lease or contract may be terminated at the end of the origÏnal term or renewal term and the City
shall not be obligated to make further payments beyond the then current original or renewal term. The City will
provide notice of its inability to continue the lease or contract at such time as the Purchasing Agent is aware of the
non-appropriation of funds, However, failure to notify does not renew the term of the lease or contract The City
has no monetary obligation in event of termination or reduction of a term contract since such contracts represent
estimated quantities and are not funded as a contract except to the extent of the Purchase Orders issued,
47. Debarment:
The Purchasing Agent may recommend to the City Council that the person or business be debarred from
consideration for award of contrac1s. The period of debarment will be contingent upon the severity of cause,
Causes for debarment include:
(a) Conviction under state or federal statutes of embezzlement, theft, forgery, bnòery, falsification or destruction
of records, receiving stolen property, or other offense indicating a lack of business integrity or business honesty
which directly affects responsibility as a City bidder.
(b) Violation of contract provisions which is regarded by the Purchasing Agent to be so serious as to justify
debarment action, including: -
(1) Dehòerate failure without good cause to perform in accordance with the specifications or within the tÏmt:
linút provided in the contract; or
13/~3
..
CITY OF CHULA VISTA REQUEST FOR PROPOSAL
PAGE 21
(2) A recent record of failure to perform or of unsatisfactory performance in accordance with the terms of
one or more contracts;
(3) Two or more claims of computational eITor in bid submission within a two year period.
(c) Debannent by another governmental entity,
(d) Any other cause the Purchasing Agent deems to be so serious and compelling as to affect responsibility as
a City bidder.
A bidder may be permanently debarred for the following causes:
(1) Collusion in bidding,
(2) Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a
contract or subcontract with the City of Chula Vista or in the performance of such contract or
subcontract.
(3) Conviction under State or Federal antitrust statutes arising out of the submission of bids or proposals.
48. Termination:
The City may terminate this agreement and be relieved of any consideration to the vendor should vendor fail to
perform in the manner required. Furthermore, the City may terminate this agreement for any reason without penalty
upon giving thirty (30) days written notice to the vendor, In the event of termination, the full extent of City liability
shall be limited to an equitable adjustment and payment for materials and/or services authorized by and received
to the satisfaction of the City prior to termination.
49. Venue:
This agreement shall be governed by and interpreted according to the laws of the State of California, and venue for
any proceeding shall be in the County of San Diego,
c: \ Wp WJN\M!Sa.. \J O!iN C.
5/96 JPCJIb
)3/ ??~
RESOLUTION NO. I ð1t./ Cì
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING CONTRACTS WITH BI-TECH
SOFTWARE INC. AND DATA GENERAL CORPORATION FOR
INSTALLATION AND IMPLEMENTATION OF AN
INTEGRATED FINANCIAL INFORMATION SYSTEM
RELATED TO CIP PROJECT NO. GG152- MAINFRAME/
FISCAL SYSTEM, WAIVING THE COMPETITIVE BIDDING
PROCESS WITH RESPECT TO THE DATA GENERAL
CONTRACT AND AUTHORIZING MAYOR TO EXECUTE THE
CONTRACTS
WHEREAS, Capital project No. GG152 titled
"Mainframe/Fiscal System" was approved in fiscal year 1995-96; and
WHEREAS, this project entails replacing the aging
mainframe computer system with a mini-computer based architecture
and replacing all mainframe applications systems, which are
primarily fiscal systems, in order to enhance accountability and
facilitate more timely and accurate reporting of financial data;
and
WHEREAS, after obtaining input from all major City fiscal
system users, as well as users from the cities of EI Cajon,
Coronado, and Imperial Beach who contract with us for their fiscal
system, a twenty-one page Request for Proposals (RFP) for an
Integrated Financial Information System was issued in December,
1996 to nineteen prospective vendors; and
WHEREAS, a total of seven proposals were received in
February, 1997, with five of those judged to be responsive to the
RFP requirements and the five proposals were thoroughly evaluated
by several staff from the Departments of Finance, Management &
Information Services, and Human Resources, and their counterparts
from the three contract Cities; and
WHEREAS, three vendors (Bi-Tech Software, Inc. from
Chico, California, SCT Government Systems, Inc. from Lexington,
Kentucky, and HTE, Inc. from Orlando Florida), whose proposals most
closely matched the RFP requirements and had excellent client
references were invited to present on-site demonstrations of their
systems;
WHEREAS, following the demonstration, staff unanimously
concluded that the Bi-Tech system would best meet the overall needs
of the City well into the next century; and
WHEREAS, Bi-Tech' s Integrated Financial Accounting System
(IFAS) is based on the Informix Relational Database System and will
provide a complete interactive financial system with timely,
accurate, user-formatted information, along with full capabilities
for on-line inquiry, report data extraction, and ad hoc reporting
1'3~.. ,
and IFAS is an approved Fund accounting system by the American
Institute of certified Public Accountants as conforming to
Generally Accepted Accounting Principles; and
WHEREAS, the Bi-Tech proposal included equipment and
operation system software provided by Data General Corporation; and
WHEREAS, the city has found and determined that using the
City's customary competitive bidding process with respect to the
Data General Corporation equipment and operating system would be
impractical because: (1) Bi-Tech has indicated a preference for
the Data General products as a superior operating platform well
suited to their software; (2) separately bidding such items at this
time may inhibit the City's ability to implement the IFAS system in
a timely manner; and (3) the Data General equipment and operating
system are being obtained at good and reasonable rates pursuant to
a State of California "CMASS" contract.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby: (1) waive the competitive bidding
process for the Data General contract as impractical pursuant to
Chula vista Municipal Code section 2.56.070 based on the findings
set forth above; and (2) approve contracts with Bi-Tech Software
Inc. and Data General Corporation on the terms and conditions
presented for Installation and Implementation of an Integrated
Financial Information System related to capital Improvement Project
CIP No. GG-152-Mainframe/Fiscal System, copies of which shall be
kept on file in the office of the City Clerk as Document No. .
BE IT FURTHER RESOLVED that the Mayor is hereby
authorized and directed to execute said contracts for and on behalf
of the City of Chula vista.
Presented by Approved as to form by
,
Robert Powell, Director of
Finance
/3~"~
RESOLUTION NO. ¡fql-fl
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A LEASE-PURCHASE PLAN TO
FINANCE THE COST OF PROJECT GG152 MAINFRAME/
FISCAL SYSTEM THROUGH THE CALEASE PUBLIC
FINANCING CORPORATION (CALEASE), AUTHORIZING
THE DIRECTOR OF FINANCE TO EXECUTE THE
AGREEMENT AND APPROVING PROJECT APPROPRIATIONS
BASED ON THE PROCEEDS FROM THE LEASE-PURCHASE
FINANCING PLAN
WHEREAS, concurrently herewith the City Council is
approving agreements with Bi-Tech Software, Inc. and Data General
Corporation for the acquisition and implementation of an Integrated
Financial Information System related to CIP Project GG152
Mainframe/Fiscal System (the "IFAS Project"); and
WHEREAS, since current revenues are inadequate to
concurrently fund the IFAS Project and other critical projects on
a cash basis, staff has investigated a lease-purchase financing
option available from financing companies affiliated with both
major vendors and from CaLease Public Funding corporation
(CaLease), a non-profit public benefit corporation established for
the sole purpose of acting as Lessor in lease-purchase transactions
as part of the California statewide Community Development
Authority's Financing Program, which is sponsored by the League of
California cities and the California State Association of counties;
and
WHEREAS, approval is requested for a lease-purchase
financing agreement with CaLease for the purchase and
implementation of the IFAS Project on the terms presented.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby approve a Lease-Purchase Plan to
finance the cost of Project GG152-Mainframe/Fiscal System through
the CaLease Public Financing Corporation (CaLease) on the terms
presented, pursuant
Presented by Approved as to form by
-~ ~---
Robert Powell, Director of
Finance
c: \rs\bitech
1 ~b ' ;,t
COUNCIL AGENDA STATEMENT
Item IL/
Meeting Date March 31,1998
ITEM TITLE: Resolution I ~ 1 ~ d--, Authorizing the Director of Finance to
Execute a Refunding lease-Purchase Plan to Refinance the
Existing lease-Purchase Agreement that Provided Funding for the
Purchase of (1) a Public Safety Computer Aided Dispatch and
Mobile Data Terminal System, (2) an 800 MHz Communication
System, and (3) Miscellaneous Heating and Air Conditioning
Equipment, Approving an Increase in the Amount of the Refunding
lease-Purchase Agreement to Finance Additional Costs in Two of
these Projects, and Approving Amendments to the Capital Project
and Debt Service Budgets to Reflect These Actions.
SUBMITTED BY: Director of Finance "f ~
REVIEWED BY: City ManagerJl:t ~ ----- (4/5ths Vote: Yes ~No_)
SUMMARY:
Approval is requested for a refunding lease-purchase financing agreement with
CaLease Public Funding Corporation (CaLease) for the purpose of reducing interest
costs by refinancing the existing lease-purchase agreement approved in May, 1997,
for the funding of a public safety computer aided dispatch (CAD) and mobile data
terminal (MDT) system from Unisys Corp., an 800 MHz communication system from
Motorola, Inc., and miscellaneous heating and air conditioning equipment, to increase
the borrowing to fund additional requirements in the first two projects totaling
$305,600, and to amend the Capital Improvement Project (CIP) and Debt Service
budgets to reflect these actions.
RECOMMENDA TION: Adopt Resolution authorizing the director of
finance to execute a refunding Lease-Purchase Financing
Plan with CaLease, including additional funding
requirements of $305,600, and amending the CIP and Debt
Service Budgets to Reflect these Actions
'L(_
Page 2. Item
Meeting Date 3/31/98
DISCUSSION:
REFINANCING
During the regular Council meeting on March 25, 1997, Council approved the
purchase of a Public Safety Computer Aided Dispatch and Mobile Data Terminal
System from Unisys Corporation and an 800 MHz Communication System from
Motorola, Inc., with both contracts subject to obtaining financing. On May 6, 1997,
Council approved an additional project to retrofit various heating and air conditioning
equipment and a lease-purchase agreement with CaLease at an interest rate of 6.39
percent to provide the necessary funding for all three projects totaling $3,459,860.
While in the process of obtaining financing for the Mainframe/Fiscal System Project,
which is also on your agenda this evening, it was determined that interest rates had
fallen substantially since the initial agreement almost one year ago, offering the real
potential for economic savings from a refinancing. An additional benefit to refinancing
at this time is that by combining the refunding with the current financing for the
Mainframe/Fiscal System, an even lower borrowing rate can be obtained because of
the larger amount to be borrowed.
The interest rate offered by CaLease for both the refunding and the Mainframe/Fiscal
System is 5.46 percent, which is not only substantially less than the interest rate in
the original agreement, but also a full 0.30 less than the current weighted average
yield on the City's investment portfolio. In other words, we have the unusual
opportunity to borrow at rates less than what we are earning on our own investments.
The total amount remaining on the original lease-purchase agreement is $3,140,945,
which is the amount proposed to be refinanced before addressing the additional
project requirements. At an interest rate of 5.46 percent a total estimated present
value savings of $51,160 over the original payment amounts will result broken down
by project as follows:
Refinancing
Project SavinQs
CAD/MDT System $45,000
800 MHz System 6,000
HV AC Retrofit 160
Total $ 51. 1 60
\y ,)-
Page 3. Item
Meeting Date 3/31/98
ADDITIONAL PROJECT REQUIREMENTS
Public Safetv CAD/MDT System
This adopted budget for this nearly $3 million project does not include a percentage
of the contract set aside for contingencies, as is routinely done for such major
undertakings. As implementation has progressed, the following items have been
discovered as necessary for the complete and fully functional operation of the new
system:
Geofile system modifications necessary to
support CAD system $ 55,000
Logging Recorder for PD Dispatch $ 37,700
Animal Control Dispatch Station $ 35,000
SUNPRO software for Fire inspections, incident reporting,
CADlink interface, etc. $ 23,000
Orbacom system upgrades to PD Dispatch Consoles $ 12,600
MDT mounting hardware $ 3,000
Miscellaneous wiring and software $ 700
TOTAL $167,000
The total of these items is less than six percent of the original contract, which is not
considered well within normal tolerances for a contract of this magnitude.
800 MHz Communication Svstem
The original amount financed for this project $823,955. The initial design plan
included linking the City of Chula Vista with the City of San Diego Central Electronics
Bank through dedicated telephone lines, which were represented at the time by Pacific
Bell to carry only a minimal monthly charge after installation. We have since
discovered that the monthly charge equates to $15,000 per year. The City of San
Diego has recommended and staff concurs that a city-owned microwave system in
place of the phone lines costing approximately $116,800 would afford the City better
control and enhance flexibility for future expansion. The cost of the system would be
amortized by the savings of the phone line charges in less than eight years.
In addition, other miscellaneous unforeseen equipment needs, including four additional
radios, battery chargers, an interface link, and cabling have been identified during
implementation costing $21,800. The complete list of the requested additional items
related to the 800 MHz project follows:
Microwave System $106,200
Contingency $ 10,600
Additional Miscellaneous Equipment $ 21.800
TOTAL $138,600
\L\ ,3
Page 4, Item
Meeting Date 3/31/98
SUMMARY
If the additional items are approved for financing, the total for the Refunding lease-
Purchase Agreement would be $3,446,545, which is the remaining principal from the
initial borrowing of $3,140,945 and the total for the additional items of $305,600.
The increase in financing costs due to the additional items amounts to $74,977,
broken down by project as follows:
Increase in
Project Financinq Costs
CAD/MDT System $ 48,054
800 MHz System $ 26,923
Total $ 74,977
Subtracting the savings of $51,160 from refinancing the original obligation at lower
rates from the increase in financing costs from the additional equipment needs results
in a net increase in financing costs of $23,817, which will be spread over five to
seven years of debt service payments.
FISCAL IMPACT:
The proposed refinancing of an existing obligation will generate approximately
$51,160 in savings over the life of the financing. The proposed additional items to
the two projects totaling $305,600 will add this amount to the borrowing and
generate additional financing costs of approximately $48,054to the CAD/MDT Project
and $26,923 to the 800 MHz project. It is assumed that the additional funding for
this annual incremental increase to the debt service for these projects, $23,895 for
the CAD/MDT System and $27,587 for the 800 MHz System, will come from the
sart:'le sources as the original financing, primarily Residential Construction Tax
Revenues, the Equipment Replacement Fund, various Development Impact Fees, etc.
This decision may be revisited each year during the consideration of the CIP Budget.
Additional appropriations of $305,600 for the incremental increase in the two projects
will be required based on the additional proceeds to be obtained through the Refunding
lease-Purchase Agreement. Also, in order to properly record the refinancing, the
proceeds from the new Refunding lease-Purchase Agreement attributable to paying
off the existing obligation ($3,140,945) are required to be appropriated in the Debt
Service Fund.
\y,y
RESOLUTION NO. /¡c}t.Jà-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE DIRECTOR OF
FINANCE TO EXECUTE A REFUNDING LEASE-PURCHASE
PLAN TO REFINANCE THE EXISTING LEASE-PURCHASE
AGREEMENT THAT PROVIDED FUNDING FOR THE
PURCHASE OF (1) A PUBLIC SAFETY COMPUTER AIDED
DISPATCH MOBILE DATA TERMINAL SYSTEM, (2) AN
800 MHz COMMUNICATION SYSTEM, AND (3)
MISCELLANEOUS HEATING AND AIR CONDITIONING
EQUIPMENT, APPROVING AN INCREASE IN THE AMOUNT
OF THE REFUNDING LEASE-PURCHASE AGREEMENT TO
FINANCE ADDITIONAL COSTS IN TWO OF THESE
PROJECTS, AND APPROVING AMENDMENTS TO THE
CAPITAL PROJECT AND DEBT SERVICE BUDGETS TO
REFLECT THESE ACTIONS
WHEREAS, on March 25, 1997, Council approved the purchase
of a Public Safety Computer Aided Dispatch and Mobile Data Terminal
System from Unisys Corporation and an 800 MHz Communication System
from Motorola, Inc., wi th both contracts subj ect to obtaining
financing; and
WHEREAS, on May 6, 1997, Council approved an additional
project to retrofit various heating and air conditioning equipment
and a lease-purchase agreement with CaLease Public Funding
Corporation ("CaLease") at an interest rate of 6.39 percent to
provide the necessary funding for all three projects totaling
$3,459,860; and
WHEREAS, approval is requested for a refinancing of the
May 6th lease-purchase financing agreement with CaLease for the
purpose of reducing interest costs and to increase the borrowing to
fund additional requirements in the first two projects totaling
$305,600 ("Refunding Lease-Purchase Plan); and
WHEREAS, the interest rate offered by CaLease f or the
Refunding Lease-Purchase Plan is 5.46 percent, which is
substantially less than the interest rate in the original lease-
purchase agreement, and a full 0.30 less than the current weighted
average yield on the City's investment portfolio.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby:
1. Approve a Refunding Lease-Purchase Plan on the
terms presented which (a) refinances the existing
Lease-Purchase Agreement that provided funding for
the purchase of a Public Safety Computer Aided
Dispatch and Mobile Data Terminal System, an 800
MHz Communication System, and miscellaneous heating
I<{-S'
and air conditioning equipment; and (b) increases
the borrowed amount by $305,600.
2. Appropriate anticipated proceeds of $305,600 from
the approved Refunding Lease Purchase Plan to the
Capital Improvement Fund to acquire the additional
equipment.
3. Appropriate anticipated proceeds of $3,140,945 from
the approved Refunding Lease Purchase Plan to
retire the remalnlng balance of the existing
obligation.
4. Authorize the Director of Finance to execute all
Refunding Lease Purchase Plan Agreements in forms
to be kept on file with the City Clerk as Document
No. , and to take all other necessary and
appropriate actions to implement this Resolution.
Presented by Approved as to form by
Robert Powell, Director of
Finance
c: \ rs\ refund .lpp
\ 'i ' .~
COUNCIL AGENDA STATEMENT
Item \ S-
Meeting Date 3/31/98
ITEM TITLE: Resolution ) ~t.f3 Waiving the Consultant Selection Policy and
approving agreement form with a professional engineering consultant for
land development plans review, authorize the Mayor to execute the contract,
and appropriate funds
SUBMITTED BY: Director of Public W ory ~
REVIEWED BY: City Manager JG¡ ~ -A' (4/5ths Vote: Yes..x No_)
The eastern territories of the City of Chula Vista are currently experiencing aggressive land
development activities. The extensive planning efforts for Otay Ranch and other projects are
culminating now with final engineering plans, engineering studies, financing districts and many
improvement security agreements. Staff is mandated by the Subdivision Map Act strict time limits
on review and processing of improvement plans. Temporary "extension of staff' by outside
consultants is recommended as an interim solution to accommodate and react to the surge of Land
Development activities and to comply with the Subdivision Map Act. Because of the time necessary
to select a consultant through the formal consultant selection process and the immediate need for
additional staff to review maps and plans it is impractical to follow the Consultant selection
procedure.
RECOMMENDATION: That the City Council waive the Consultant Selection Policy and
approve the agreement form with professional engineering consultants for plan review and temporary
extension of staff services and authorize the Mayor to execute a contract for plan review services in
substantially the form attached heterto and approved by the City Attorney, and appropriate $50,000
to account 1401-5201 based on receipts received from developer deposits.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The Land Development section is responsible for ensuring that all infrastructure facilities are
constructed according to City's standards and that the final maps' entitlement process is complete,
timely and comprehensive. Staff review grading plans, improvement plans, final maps, assessment
districts' formation and various engineering studies. In addition, Land Development staff members
work as project managers and project engineers to streamline the entitlement process.
The ongoing land development activities in the City have created a substantial demand on stafftime
resources. The demand on staffing resources is further complicated when coupled with a reduction
of existing staff due to a combination of retirement, resignation and internal promotions. The Land
Development section, in the Engineering Division of the Department of Public Works, has currently
a budgeted staff of ten engineers including one permit engineer, three civil engineers and six
assistant engineers. Currently, only seven positions are filled out of ten budgeted positions. Those
) S-, )
Page 2, Item
Meeting Date 3/31/98
include one permit engineer, two civil engineers and four assistant engineers. The Engineering
Division has utilized several changes to react to the ongoing surge of land development activities
including: A stricter plan submittal requirement to reduce number of plan checks cycles, overtime
work by the land development staff, temporary transfer of an assistant engineer from the Advance
Planning Section to the Land Development Section, establishment of an additional engineering staff
team, within available engineering resources from other sections, to work on overtime basis in
support of plan checking activities in addition to internal reassignment of work activities from the
subdivision group to the permits group of the Land Development section. This is impacting the
ability of other sections to complete critical assigned tasks. In January 1998, a total of 434.5 staff
hours in overtime and "borrowed" staff was required to handle existing workload. In February 1998,
the additional overtime amounted to 384 hours. The figures for the last 5 months of 1997 are as
follow: August, 180; September, 127; October, 151; November, 384; December, 356 hours.
The Human Resources department is actively recruiting additional engineers to fill vacant positions
in the Land Development section. However, to ensure excellent candidates, the recruitment process
is lengthy. Also, newly hired employees will typically require some training time to become familiar
with our standards and all of the complicated engineering issues related to ongoing projects.
Because of the impact on existing staff of that magnitude of overtime, staff recommends that the
City retain outside private consultants, on a temporary basis, to assist staff in the engineering plan
review process. The staff recommendation includes the following specific measures to guarantee
adequate, timely and predictable review:
1. The agreement is to be entered for an initial 60 working days, then extended biweekly
thereafter depending on the Land Development workload with the consultant's staff to be
assigned on an as-needed basis. The agreement is limited for a maximum of one year
depending on the pace of land development activities.
2. Selection is based on the qualifications of plan checkers and their knowledge of our
standards.
3. Plan review will be conducted on City premises to allow for accessability to research
materials and for a single point of contact to developers and their engineers.
4. The selected consultant does not currently process any land development plans with the City
to eliminate any potential conflict of interest.
The Subdivision Map Act, Section 66456.2 of the Government Code, has mandated specific time
limits on local agencies processing of improvement plans. The time limit mandated by the
Subdivision Map Act is 60 working days. Several major developers have requested the City to
contract or employ a private entity or persons on a temporary basis to perform services necessary
to permit the City to meet the time limits. Because of the time necessary to select a consultant
through the standard selection process, it is impractical to follow the consultant selection procedure.
Therefore, it is recommended that the City's Consultant Selection Policy (Policy No. 102-05) be
I S-- )-
Page 3, Item
Meeting Date 3/31/98
waived and the Mayor be authorized to execute the contract with a private engineering consultant
for plan review services in substantially the fonn attached hereto and approved by the City Attorney.
The Selection Process
Staff contacted six private engineering companies meeting the following essential criteria: Finns
are not processing engineering plans for land development in the City of Chula Vista; the contacted
finns are reputable large companies with sufficient staffing resources to allow for this emergency
work and; Finns are familiar with Chula Vista and regional engineering design requirements. Staff
will receive Letters OfInterest (LOI) from these engineering companies detailing their qualifications
and showing initial cost proposals. In consultation with developers, a selection committee consisting
of engineering staff members will interview every interested company and make a recommendation
based on qualifications. Then staff will negotiate a cost proposal based on an hourly rate with the
top ranked consultant and reach a contract as approved by this resolution.
FISCAL IMPACT: The entire cost of this contract including Full Cost Recovery Factor is paid
by developers deposits. For the initia160 working days, the City would obtain the assistance of three
engineering professionals on a full-time basis. Should the negotiated hourly rate be $75 per hour,
the contract total for the initial 60 working days period would be $36,000. It is estimated that the
amount will not exceed $50,000 through June 30, 1998, If the amount does exceed $50,000, staff
will return to Council for an additional appropriation. Only a prorated portion of the City's Full Cost
Recovery Factor (FCR) will be applied to this contract to pay for the use of City' s premises and City
support staff overhead charges.
Attachments: ~
Exhibit showing current Land Development section Workload
Exhi~ Agreement Fonn
.J.~ t C - Letter from Otay Ranch Co. dated 3/23/98
SA:EY-O28
H:\HOME\ENGINEERIAGENDA ILD-CNSL TSA
Ir-~
RESOLUTION NO. '~+3
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE CONSULTANT SELECTION
POLl CY AND APPROVING AGREEMENT FORM WITH A
PROFESSIONAL ENGINEERING CONSULTANT FOR LAND
DEVELOPMENT PLANS. REVIEW, AUTHORIZING THE
MAYOR TO EXECUTE THE CONTRACT, AND APPROPRIATE
FUNDS
WHEREAS, the eastern territories of the city of Chula
Vista are currently experiencing aggressive land development
activities; and
WHEREAS, the extensive planning efforts for otay Ranch
and other projects are culminating now with final engineering
plans, engineering studies, financing districts and many
improvement security agreements; and
WHEREAS, staff is mandated by the Subdivision Map Act
strict time limits on review and processing of improvement plans;
and
WHEREAS, temporary "extension
consultants is recommended as an interim
and react to the surge of Land Development
with the Subdivision Map Act; and
of staff" by outside
solution to accommodate
activities and to comply
WHEREAS, because of the time necessary to select a
consultant through the formal consultant selection process and the
immediate need for additional staff to review maps and plans it is
impractical to follow the Consultant selection procedure.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby waive the City'S Consultant
Selection Policy No. 102-05.
BE IT FURTHER RESOLVED that the City Council approve the
Agreement with a private engineering consultant for plan review
services in substantially the form attached hereto and approved by
the City Attorney.
BE IT FURTHER RESOLVED that the Mayor is authorized to
execute the final agreement with a private engineering consultant
for plan review services, in a form approved by the city Attorney.
BE IT FURTHER RESOLVED that the city Council does hereby
appropriate $50,000 to Account 1401-5201 based on receipts received
from developer deposits.
Presented by
Approved as to form by
~--~ n~ /-e~,
John M. Kaheny, City Attorney
John P. Lippitt, Director of
Public Works
C:\rs\consult.oty
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