HomeMy WebLinkAboutAgenda Packet 1997/08/19
"I declare Hnder penalty of perjury that I em
employed by the City of Chula Vists in the
OffIce of the City Clerk and that i 9<>s..ed
thle Agenda/Notice on the Bulletin Bœrd at
Tuesday, August 19, 1997 the PUbl~~? Building and at City Hall on Council Chambers
6:00 p.m. DATED. '/ :1 SIGNED êJVY' Public Services Building
Regular Meeting of the Citv of Chula Vista Citv 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: August 5, 1997.
4. SPECIAL ORDERS OF THE DAY:
a, Oath of Office: Barbara Worth - Housing Advisory Commission (Ex-Officio),
b. Proclamation commending tbe Chula Vista Colt League, San Diego County Section Champions,
Mayor Horton will present the proclamation to David Samudio, President of the Chula Vista Colt
League,
c. Fran Larson, Chair, International Friendship Commission, will introduce Foreign Exchange
Students from Sister City Odawara, Japan: Miwako Kimura, Junko Kurachi, Shibo Nishikawa,
and Mariko Sana. Mayor Horton will present Certificates of Recognition.
CONSENT CALENDAR
(Items 5 through 7)
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 Form" available in the lobby and submit it to the City Clerk prior to the meeting. Items pulled
from the Consent Calendar will be discussed after 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 to the best of his knowledge from observance of
actions taken in Closed Session on 8/12/97 in which the City Attorney participated, that there
were no reportable actions which are required under the Brown Act tn be reported. It is
recommended that the letter be received and filed,
b. Letter from Anita Rivera, Commercial Sponsorship Specialist, Morale, Welfare and
Recreation Division, Marine Corps Recruit Depot, requesting a cash sponsorship for the 1997
Military Children's Christmas Party. It is recommended that the request be denied.
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Agenda -2- August 19, 1997
6, RESOLUTION 18761 WAIVING CONSULTANT SELECTION PROCESS AND APPROVING
AN AGREEMENT WITH SMITH & KEMPTON FOR ADVOCACY AND
PLANNING SERVICES IN CONNECTION WITH TRANSPORTATION
FACILITIES AND THE EASTERN CHULA VISTA STRATEGIC PLAN
AND APPROPRIATING $110,000 FROM THE TRANSPORTATION
DEVELOPMENT IMPACT FEE FUND - On 8/8/95, Council approved an
agreement with Smith & Kempton to implement steps in the East Chula Vista
Strategic Plan, A significant amount of progress has been made towards
completing the tasks. Additional advocacy and consulting work remains to be
completed. Therefore, a new contract needs to be approved. Staff recommends
approval of the resolution. (Ditector of Public Works) 4/5th's vote required.
7. RESOLUTION 18762 ACCEPTING A GRANT FROM THE CALIFORNIA HEALTHY CITIES
PROJECT FISCAL YEAR 1997/98, AMENDING THE FISCAL YEAR
1997/98 BUDGET AND APPROPRIATING GRANT FUNDS FOR $33,500
TO IMPLEMENT THE CITY'S YOUTH T AKIN' ON TOBACCO GRANT
On 3/17/97, the California Healthy Cities Project announced a grant award from
the Tobacco Control Section - California Department of Health Services, The
grant will help participating Healthy Cities establish programs to discourage
tobacco use by youth, Due to the City's extensive involvement in the Healthy
Cities program, the City has been invited to apply for this tobacco grant. Staff
recommends approval of the resolution, (Director of Parks, Recreation and
Open Space) 4/5th's vote required.
* * * END OF CONSENT CALENDAR * * *
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council on any subject matter within the
Council'sjurisdiction 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
Form" 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,
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 Forni" available in the lobby and submit it to the City
Clerk prior to the meeting.
None subnutted.
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.
Agenda -3- August 19, 1997
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" form available in the lobby and submit it to the City Clerk prior to the meeting,
8. RESOLUTION 18760 APPROPRIATING FUNDS FROM THE TRAFFIC SIGNAL FUND TO
REIMBURSE DEVELOPER FOR COSTS INVOLVED WITH TRAFFIC
SIGNAL RELOCATION AT THE SOUTHEAST CORNER OF THIRD
A VENUE AND PALOMAR STREET - Kentucky Fried Chicken (KFC),
developer of the property at the sontheast corner of Third A venue and Palomar
Street, plans to build a KFC fast food restaurant. As part of the development,
KFC is required to wideo both streets to meet current standards mandated in the
City's Circulation Elemeot of the General Plan, Part of that widening inclndes
the relocation of the existing traffic signal staodard on the comer, Staff
recommends approval of the resolution. (Director of Public Works) 4/5th's
vote required. Continued from the meeting of 8/12/97.
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
9. CITY MANAGER'S REPORTlS)
a, Scheduling of meetings.
10. MAYOR'S REPORTCS)
11. COUNCIL COMMENTS
ADJOURNMENT
The meeting will adjourn to (a closed session and thence to) the regular City Council meeting on August 26, 1997
at 6:00 p.m. in the City Council Chambers.
A meeting of the Redevelopment Agency will be held immediately following the City Council meeting.
". deel.e Hnder penelty of perJury thet I em
employed by the City of Chule Vista in the
OffIce of the City Clerk and that I posted
tÞl8 Agenda/Notice on the Bulletin Board at .
Tuesday, August 19, 1997 the Pu~ Bullóing and (~on Councll Chambers
6:00 p.m. DATED. "/ SIGNED 6 .---:. ,.Public Services Building
(immediately following the City Council I
Citv of Chula Vista Citv Council
CLOSED SESSION AGENDA
Effective Aprill, 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 permitted 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 ÚlW to return to open session, issue any reports of Ji!lfll 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 terminated
at this point in order to save costs so that the Council's return from closed session, reports of Ji!lfll 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 - Existing litigation pursuant to
Government Code Section 54956.9
. Wolfe v. City of Chula Vista,
. Griffio v. City of Chula Vista.
PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Pursuant to Government Code Section
54957 - City Manager - TIME CERTAIN 7:30 P.M.
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6
. Agency negotiator: John Goss or designee for CVEA, WCE, POA, lAFF, Execntive
Management, Mid-Management, and Unrepresented.
Employee organization: Chula Vista Employees Association (CVEA) and Western Council of
Engineers (WCE), Police Ofticers Associatioo (POA) aod Iotemational Association of Fire
Fighters (IAFF).
Unrepresented employee: Executive Maoagement, Mid-Management, and Unrepresented.
2. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
/
ç- - ~ ~" ,
August 12, 1997
TO: The Honorable Mayor and city coun~tt,
FROM: John D. GosS, City Manager~~ bJ~j\
SUBJECT: . . 1 . f (
Clty Councl Meetlng 0 August 19, 1997
This will transmit the agenda and related materials for the regular
City Council meeting of Tuesday, August 19, 1997. Comments
regarding the written Communications are as follows:
Sa. This is a letter from the city Attorney stating that to the
best of his knowledge from observance of actions taken in
Closed Session on 8/12/97 in which the City Attorney
participated, there were no reportable actions required under
the Brown Act to be reported.
IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED.
5b. This is a request from the Morale, Welfare and Recreation
Division of the Marine Corps Recruit Depot for cash
sponsorship of the 1997 Military Children's Christmas Party.
This request does not meet the criteria for funding
organizations established in Council Policy 159-02, as there
is no "tangible benefit to the city". Also, although this may
be a worthy cause, traditionally the Council has not funded
requests of this nature except through community Development
Block Grant funds. IT IS THEREFORE RECOMMENDED THAT THE
REQUEST BE DENIED.
JDG:mab
~~~
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CITY OF
CHUlA VISTA
OFFICE OF THE CITY A TIORNEY
Date: August 13, 1997
To: The Honorable Mayor and City~
From: John M. Kaheny, city Attorne~ ~~-
Re: Report Regarding Actions Take n Closed SeSSlon
for the Meeting of 8/12/97
The City Council met in Closed Session to discuss California ex
reI. Stull v. Bank of America, Jones Intercable v. city of Chula
Vista, Rider v. the City of San Diego, Communication from George
Ronis of August 1, 1997 and labor negotiations.
The City Attorney hereby reports to the best of his knowledge from
observance of actions taken in the Closed Session in which the City
Attorney participated, that there were no reportable actions which
are required under the Brown Act to be reported.
JMK: 19k
c: \It\clossess. no
Sa- - /
276 FOURTH AVENUE' CHULA VISTA' CALIFORNIA 91910 . (619) 691-5037 . FAX (619) 585-5612
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MWR Morale, Welfare and Recreation Division
Marine Corps Recruit DtœtCEIVED
3800 Chosin Avenue
San Diego, CA 92140-5196 1\11:11
Morale, Welfare and Recreation '91 .. 11
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14
7 Aug 97
Honorable Mayor and City Council Members Mlr., : '
City of Chula Vista
276 4th Avenue
Chula Vista, CA 91910
Dear Honorable Mayor:
The Marine Corps Recruit Depot is looking for help to present another quality program to
Marines and their families. Enclosed, please find the sponsorship proposal for the 1997 Military
Children's Christmas Party, Please review the proposal and sponsorship options, All
opportunities are open to negotiation, We are interested in The City of Chula Vista becoming a
cash sponsor. We would be happy to advertise The City ofChula Vista's community events in
our newsletter (3000 distributed quarterly) and on our TV barracks. Thank you for your
consideration.
If you have any questions or would like to become a sponsor, please feel free to contact me at
(619) 524-6771.
Sincerely,
~RA
Commercial Sponsorship Specialist
WRmEN C.OMMUNICA TIONS
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MARINE CORPS RECRUIT DEPOT
MORALE, WELFARE, AND RECREATION
The Marine corps Recruit Depot (MCRDJ, San * The Recreation Branch operates the
Diego is one of two training bases for the U.S. Bowling center, Racquetball courts, Fitness
Marine Corps. Center and Gymnasium, and the Boathouse
Marina. The Tickets & Tours office offers
The Morale, Welfare and Recreation (MWR) discount tickets to area attractions.
Division is an integral part of MCRD. The
primary objective of MWR is to enhance the MWR offers a full service Marketing
quality of life for Marines and their families Department to promote sponsors. The
by providing quality services. services include:
* A full time Commercial Sponsorship
THE BENEFITS OF BECOMINC A Coordinator
MILITARY SPONSOR * Graphic Designers
* Advertising Department
sponsorship of MWR events allows companies * Public Relations
to capture the military market, develop * Visual Merchandisers
brand loyalty, increase sales, expand patron
base and generate good will for the sponsor. TYPES OF MILITARY SPONSORSHIP
There are three divisions of MWR, which Marine corps MWR Sponsors have the
generates cross promotion for the sponsor flexibility to choose what best fits their
via advertising, flyer distribution, Barracks TV, budget and meets their needs. MWR accepts
and exchange (retail> promotion. three types of sponsorship:
* The Marine corps Exchange is a full service * Cash is always welcome and is required for
department store offering goods at the Title sponsorship.
lowest possible price. The exchange carries a
variety of products and is aggressive in * product offsets the event costs and
securing special promotions for the military improves event quality. It also offers the
customers. opportunity for the military market to
sample new products.
* Food and Hospitality operates the dining
and beverage facilities onboard the base. * In-Kind services including promotional and
These facilities include the Bay View advertising support are also accepted.
Restaurant and the Comfort Zone.
ommercial Sponsorship' MWH Marketing' Manne Corps Recruit Depot. 3800 Chasin Avenue, Building 10' San Diego, California 92140-5196
,.,_.~~~ '---~ @._--@~ Telephone (619) 524-6771 . fAX (619) 296-8400
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MILITARY CHILDREN'S CHRISTMAS PARTY
SATURDAY,DECEMBER13
----, ---- ,- '-m_,____- --- ---
Reach over 12,000 active duty military, family members, and retired
military members on base. The Children's Christmas Party is one of the
Marine Corps Recruit Depot's, san Diego, premier events. Children and
family members from several military branches attend this festive
occasion.
Activities take place at our scenic Boathouse and Marina. Party-goers are
treated to a buffet lunch, carnival games, a puppet show, prizes and a visit
from old Saint Nick.
In addition to publicizing this event on MCRD, this event has gained
regional attention and is publicized by local military publications, military
housing areas, and through the Devil Dog Kids Club.
ommercial Sponsorship' MWR Marketing' Marine Corps Recruit Depot. 3800 Chosin Avenue, Building 10' San Diego, California 92140-5196
Telephone (619) 524-6771 . FAX (619) 296-8400
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MILITARY CHILDREN'S CHRISTMAS PARTY
CASH SPONSORSHIP OPPORTUNITIES
,----- ----"'------
TITLE SPONSORSHIp. $2,000
Benefits include:
* Title recognition, Le., "The XYZ Co. Children's Christmas party"
* Company name and logo on ALL advertising, including but not limited to the
Devil Dog Kids Club, Press Releases, Newspaper Advertisements
* Booth display space at the event
* Event sign and banner display space
* Notification of sponsorship on Barracks TV for a period of eight (8) weeks
* Marine Corps Exchange cross promotion (subject to the approval of the Retail Director)
MAJOR SPONSORSHIp. $1,250
Benefits include:
* company name or logo on the event flyer
* Booth display at the event
* Banner display space at event
* Inclusion of company provided advertisement or coupon in the MWR Welcome Aboard
Packets for a period of four (4) weeks (Marines receive these packets when they
check onto base,)
* Marine Corps Exchange cross promotion (subject to the approval of the Retail Director)
SUPPORTING SPONSORSHIP
Package A - $750
Benefits include:
* Company name or logo on the event flyer
* sign noting sponsorship at event
* Marine corps Exchange cross promotion (subject to the approval of the Retail Director)
* public address recognition at event
Package B - $300
Benefits include:
* Company name on the event flyer
* sign noting sponsorship at event
* Public address recognition at event
Sponsor benefits are open to negotiation.
ommercial Sponsorship' MWR Marketing' Marine Corps Recruit Depot. 3800 Chosin Avenue, Building 10' San Diego, California 92140-5196
Telephone (619) 524-6771 ' FAX (619) 296-8400
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COUNCIL AGENDA STATEMENT
Item~
Meeting Date..8L12L21.
ITEM TITLE: Resolution / <g/ ? ¿;; / Waiving the consultant selection process and
approving an agreement with Smith & Kempton for advocacy and planning
services in connection with transportation facilities and the Eastern Chula
Vista Strategic Plan and appropriating $110,000 from the Transportation
Development Impact Fee Fund.
SUBMITTED BY: Director of Public Works ~
REVIEWED BY: C;", Mom,", JCi b¡j~, (4/5ths Vote: Yes..x...No->
On August 8, 1995 Council approved an agreement with Smith & Kempton to provide Program
Management Services on the 1-805 Interchange Projects and to provide Advocacy Services for
funding requests for the TransDIF Program and SR-125. A significant amount of progress has
been made towards completing the tasks contained in that agreement. The tasks for Program
Management of 1-805 interchanges were indicated in the agreement as ongoing. The contract
indicated the term of the agreement as "... when the Parties have complied with all executory
provisions hereof." However, additional advocacy and consulting work to assist the City in
negotiating Agreements with CTV for the SR-125 Toll Road remains to be completed and
therefore a new contract needs to be approved. Completion of this work is essential for
implementation of the Transportation Development Impact Fee Program and has been supported
by the major developers.
RECOMMENDATION: That Council approve the resolution waiving the consultant selection
process and approving the agreement with Smith & Kempton, authorize the Mayor to execute said
agreement, and appropriate $110,000 from the Transportation Development Impact Fee Fund for
the contract extension.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
When Council held the public hearing on the proposed update for the Transportation
Development Impact Fee program (TransDIF) in November, 1993, several of the property
owners recommended that the City set up a "Developers Advisory Committee" to work closely
with staff on administration of the TransDIF and to provide more input. They also recommended
that the City retain a consultant with expertise in identifying and obtaining supplemental sources
for funding for transportation facilities. As a result, staff issued a Request for Proposals (RFP)
for such a consultant and the contract was awarded to Smith & Kempton in May of 1994. The
&;-j
Page 2, Item-
Meeting Date 8/19/97
scope of work under that contract, which is now completed, included four tasks. Those tasks
were:
1) Existing plan/program review to allow consultant to fully understand Chula Vista's
transportation expectations and needs.
2) Develop a strategy (Strategic Plan) for providing the required improvements for the
eastern territories of Chula Vista. The Strategic Plan defined the network of required
transportation improvements; cost estimates for all projects; an implementation schedule
reflecting construction needs, phasing requirements and available funding; and identifying
potential additional funding for the required improvements.
3) Undertaking an advocacy effort to identify and secure alternative sources of funding for
transportation improvements.
4) Ongoing involvement in transportation issues in the South Bay, including toll road
progress and issues. Otay Mesa and NAFTA issues as they relate to Chula Vista, and
other transportation developments in the South Bay as they relate to Chula Vista.
As indicated, the Strategic Plan, which identifies short and long term tasks to assure completion
of the needed transportation facilities, is complete, The Strategic Plan included a separate Action
Plan which summarized implementation efforts needed to be undertaken. City staff and the
Developers Advisory Committee worked closely with the consultant on the strategic plan and
action plan and identified three specific tasks which the Committee believed were the highest
priority and should be undertaken in fiscal year 95/96. Those tasks were:
1) Pursue a Federal Demonstration Project for Orange Avenue,
2) Provide comprehensive program management for expedited implementation of the 1-805
interchanges, and
3) Assure that SR-125 retains sales tax (Transnet) funding and pursue other state/federal
funding options.
Council approved an agreement with Smith & Kempton on August 8, 1995 and amendments on
January 23,1996 and September 17,1996 towards completion of those tasks. Knowing that the
process through CalTrans to implement the 1-805 interchanges as well as the SR-125 Toll Road
would probably take longer than one year to complete, the agreement contained a provision that
allowed for additional services past the original 12 month period by mutual agreement for another
12 month period.
¿-2
Page 3, Item-
Meeting Date 8/19/97
During the past year, Smith & Kempton prepared a demonstration grant package for $5.5 million
in funding for the Olympic Parkway Access Project, the eastern segment of Orange Avenue. This
grant request was jointly sponsored by Congressmen Pilner and Bilbray. The status of this grant
request is unknown at this time since legislation reauthorizing the Intermodal Surface
Transportation Efficiency Act (ISTEA) may not be completed by the original deadline of
September 30, 1997. The item will be pursued in the future if there appears to be any possibility
of such a demonstration project.
Significant progress was made in project development activities for interchange improvements
planned at 1-805 at Telegraph Canyon Road and Orange Avenue. Working in conjunction with
the design team of Rick Engineering, City staff and Smith & Kempton have held 20 monthly
meetings with CalTrans to date and completed the following products:
1. An overall work strategy,
2. A Travel Forecast Report for Telegraph Canyon Road and Orange Avenue Interchanges,
3. A Traffic Operations Report for Telegraph Canyon Road and Orange Avenue
interchanges.
4, Geometric Approval Drawings for Telegraph Canyon Road and Orange Avenue
interchanges.
5. 35 percent final design plan submittal for Telegraph Canyon Road interchange,
6 Administration Draft Project Study Report for Orange Avenue interchange,
7. Draft Travel Forecasting Report for the Palomar interchange, and
8. Alternative interchange concepts for Palomar interchange.
Ongoing design efforts for the Telegraph Canyon Road Interchange at 1-805 have been expanded
to include additional improvements to the northbound and southbound off-ramp that are not
currently funded in the TransDIF, in order to facilitate completion of improvements that are
currently programmed for construction in the next year. This additional design work has resulted
in an extension of the overall work schedule of six months.
Project advocacy efforts for the SR-125 toll road were extensive over the past year. Smith &
Kempton managed advocacy efforts focused on providing further assistance on funding issues, as
well as, identifying outstanding implementation issues. Key funding efforts included meeting with
state officials (Business, Transportation & Housing Agency; Trade & Commerce Agency;
CalTrans Headquarters) regarding the start-up of the State Infrastructure Bank, Smith & Kempton
also met with senior staff from CalTrans District 11 and the California Transportation Ventures
(CTV) group to discuss agreements that need to be negotiated with the City of Chula Vista prior
to implementation of the project. Smith and Kempton were involved in securing state funds for
the SR-125 San Miguel Connector. This project was considered as having statewide significance
and the state gave SD region $135 million that could be used for the connector and SR-125
Sweetwater.
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Page 4, Item-
Meeting Date 8/19/97
Will Kempton has been deeply involved in the State legislature in developing a fmancing plan for
the Toll Bridge Retrofit Program. Chula Vista was very concerned because proposals were to
eliminate the State and Local Partnership Program (SLP) in order to help fund the Toll Bridge
retrofit projects. The Budget has been agreed to by the legislature and the Governor, and $200
million per year for this year and next year will remain in the program. Because of Transnet and
DIF projects, Chula Vista has received $1.4 million over the last 6 years. We could receive well
over $1 million dollars from this action that might have been lost.
Finally, quarterly meetings were held with the Developer Advisory Committee to discuss relevant
implementation issues such as selection of the preferred alignment, right-of-way conveyance,
construction phasing, interchange design and funding responsibilities, and landscaping design and
phasing.
To complete the process begun by last year's contract, this contract extension contains two major
components toward the goal of obtaining supplemental funding for transportation projects and for
assuring construction of the critical freeway interchange projects needed to provide the necessary
circulation system capacity.
Task 1 1-805 PrQgram Management ($20.000)
Smith & Kempton will continue to take the lead role in managing the completion of the following
project development activities associated with interchange improvements planned on I-80S at
Telegraph Canyon Road, Orange Avenue and Palomar Street.
. Telegraph Canyon Road: Encroachment permit
. Orange Avenue: PSR
. Palomar Street: PSR
Rick Engineering is currently preparing 35 % design plans for the expanded Telegraph Canyon
Road project. Smith & Kempton will manage the work to be completed by Rick Engineering
through completion of the State's encroachment permit process, allowing the project to proceed
to construction.
For the I-80S/Palomar Street interchange, Smith & Kempton will oversee preparation of both an
Access Approval Report (AAR) and a Project Study Report (PSR) for this new interchange.
Should an acceptable interchange configuration not be approved by FHW A in the AAR, Smith
& Kempton will terminate activities on Milestone 2 - the preparation of a Project Study Report.
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Page 5, Item-
Meeting Date 8/19/97
Advocacy Services
Task 2 - Pursue State or Federal Fundinll for Key East Area Proiects ($30 000)
The objective of this advocacy effort is to monitor the status of federal funding for the Olympic
Parkway project, pursue new STIr soundwall funding for the I-80S/Orange and 1-80S/Palomar
interchanges, and pursue new STIr flexible congestion relief funding for the I-80S/Telegraph
Canyon and I-80S/Orange interchanges. Smith & Kempton will work with City staff to prepare
the necessary project funding request documents for the STIr soundwall and STIr flexible
congestion relief programs. Significant advocacy efforts for these STIr programs, such as
organizing and overseeing testimony either in Washington or Sacramento, will require additional
compensation.
Task 3 - Lead Coordinator for Nevotiatinll SR 125 Toll Road A¡¡reements ($90 000)
Smith & Kempton will serve as the City's lead coordinator for negotiating agreements with
CalTrans, California Transportation Venture (CTV), and the development community that are
necessary for implementation of the SR 125 toll road project. Smith & Kempton will oversee an
extensive coordination process: working in parallel with representatives of the City Council and
City Manager's office, City staff, CTV, and the development community.
The following issues are illustrative of those that will be addressed in the SR 125 toll road
agreements: construction phasing; interchange design, staging and financial responsibility; right-
of-way conveyance; landscaping design and staging; local financial contribution (if any); toll
credits for residents (if any); etc.
WAIVING THE CONSULTANT SELECTION PROCESS:
Task 1 (1-805 Program Management) and Task 2 (Legislative Advocacy Services) are extentions
of the current contract. In fact, as stated earlier, there is a provision in the current agreement
to extend the contract for up to 12 months. However, the third amendment does have significant
additional funding and a more specific task discription than the previous amendment. Since we
are in the third phase of Tasks 1 and 2 it would be impractical and disruptive to go through the
consultant selection process for this third amendment. Task 3, although included to a smaller
extent in amendment 2, provides for lead coordinator services in negotiating Toll Road
Agreements.
Will Kempton has had extensive experience in negotiating Freeway Agreements. When he was
with CALTRANS, he was heavily involved in negotiating the 1-710 Freeway in Los Angeles
County. Also while in Santa Clara County he represented the local government side in negotiating
over $1 Billion in Freeway projects. Because of the Firm's knowledge of Chula Vista and the
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Page 6, Item-
Meeting Date 8/19/97
Toll Road issues, because much of the agreement is to complete work in the current agreement,
because of Will Kempton's experience in Freeway Agreements, and due to the need to start
negotiations in the near future, staff recommends that Council waive the consultant selection
process.
THIRD AMENDMENT
The third amendment to the contract supercedes the second amendment and previous versions of
the contract in every aspect except as follows:
The second amendment appropiated 6 months of Task 1 work for FY 97-98, at $15,000 plus it
had a provision for $20,000 additional expenditure if necessary and approved by the City
Engineer.
The City Attorney has approved this Agreement as to form.
FISCAL IMPACT:
The City has authorized contracts totaling $443,431.76 over the last 3 years for services provided
by Smith & Kempton. The amount proposed for this contract extension is $140,000. However,
since there excess funds remaining in the encumbered balance of the Contract only an additional
$110,000 needs to be appropiated from the TransDIF Fund unappropriated balance to account
621-6212-5201.
This contract is proposed to extend the services provided by Smith & Kempton for 6 months (Jan
1998 - June 1998) to complete the 1-805 program management (Task 1). Total compensation for
this portion of the contract is $20,000 which includes $15,000 for labor and a budget allowance
of $5,000 for expenses. The consultant will be paid on a monthly basis at $2,500 per month for
the remaining six months or until the Palomar PSR is complete, whichever comes first plus
expenses based on actual cost. The first 6 months are authorized in the second amendment.
Advocacy Services (Task 2) in the amount of $30,000 will be paid over a 12 month period with
monthly payments of $2,500. Negotiation coordination for SR-125 Agreements (Task 3) in the
amount of $80,000 will be paid based on actual time spent per the amount in the Agreement. An
additional $10,000 is available for expenses, based on actual costs.
The funds to pay for this work were included when the TransDIF was updated in November,
1993. That update included an increase in the "administration" component from 4% to 5% to
provide sufficient funds for the consultant. The additional 1 % component is proposed to remain
in effect as long as necessary to provide for this type of consultant.
¡--b
'J
Page 7, Item-
Meeting Date 8/19/97
The total of the TransDIF is approximately $85 million and the I % fee total would be $850,000
if it remained in effect for the full tenn of the TransDIF program. This total level of funding is
sufficient to offset expenditures for the consultant. While the total sum of administrative fees
collected for the full program are sufficient, the collection of the administrative fee to date has not
kept up with these expenses. The additionall % fee would therefore need to stay in effect as long
as the expenditures remain higher than the actual collections, Thus, over the life of the DIF, the
full amount is available to offset these expenditures. However, the City has collected sufficient
TransDIF fees beyond the additional 1 % administrative portion to fund this cost now.
Attachments:
Exhibit A - Contract Amendment
File No. 0730-95-HX037
H: \HOMBIEN GlNEER \AGENDA \SMITHK86. CLS
~-?
RESOLUTION NO. / l!;Jt I
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING CONSULTANT SELECTION
PROCESS AND APPROVING AN AGREEMENT WITH SMITH
& KEMPTON FOR ADVOCACY AND PLANNING SERVICES
IN CONNECTION WITH TRANSPORTATION FACILITIES
AND THE EASTERN CHULA VISTA STRATEGIC PLAN AND
APPROPRIATING $110, 000 FROM THE TRANSPORTATION
DEVELOPMENT IMPACT FEE FUND
WHEREAS, on August 8, 1995, the City Council approved an
agreement with smith and Kempton to implement steps in the East
Chula vista Strategic Plan; and
WHEREAS, a significant amount of progress has been made
towards completing the tasks contained in that agreement; and
WHEREAS, the tasks were indicated in the agrement as
ongoing and the contract indicated the term of the agreement as
" . . . when the Parties have complied with all executory provisions
hereof"; and
WHEREAS, additional advocacy and consulting work remains
to be completed and therefore a new contract needs to be approved
to complete the tasks begun by the August 8, 1995 agreement; and
WHEREAS, completion of this work is essential for
implementation of the Transportation Development Impact Fee Program
and has been supported by the major developers; and
WHEREAS, the firm of smith & Kempton have been the
project managers for the project and provided advocacy and planning
services for the city since August of 1995; and
WHEREAS, after due consideration the city Council
determined that it would be impractical and disruptive to the
process and inefficient to rebid the scope of work contemplated by
the subject Agreement due to the unique qualificiations of smith &
Kempton; and
WHEREAS, Consultant has performed well as project
managers and advocates, are highly capable to perform the duties
required of this contract and offer their services at reasonable
rates.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby approve an Agreement with smith &
Kempton for advocacy and planning services in connection with
transportation facilities and the Eastern Chula vista Strategic
Plan, a copy of the Agreement is on file in the office of the City
Clerk as Document No. -
¿-y
BE IT FURTHER RESOLVED that in light of the recitals
above, and in accordance with Municipal Code section 2.56.070, the
formal Consultant Selection Process is hereby waived for this
contract.
BE IT FURTHER RESOLVED that the sum of $110,000 is hereby
appropriated from the Transportation Development Impact Fee Fund
621 into Fund 621-6212-5201.
BE IT FURTHER RESOLVED that the Mayor is hereby
authorized to execute said agreement on behalf of the City of Chula
vista.
Presented by Approved as to form by
John P. Lippitt, Director of
Public Works
C:lrsIS.ith&.Ke.
¿~9
THIRD AMENDMENT
AND RESTATEMENT OF AGREEMENT BETWEEN
CITY OF CHULA VISTA
AA'D
SMITH & KEMPTON
FOR TRANSPORTATION CONSULTING SERVICES
This agreement ("Agreement"), dated for the purposes of
reference only, and effective as of the date last executed unless another date is otherwise specified
in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A,
paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and
the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form
is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are
set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following
facts:
Recitals
Whereas, on May 17, 1994, Consultant entered into a one year contract with City dated
May 17, 1994 in response to a Request for Proposals to provide Transportation Consulting
Services; and
Whereas, the initial contract was in response to a Request for Proposals for such a
consultant; and
Whereas, Consultant has worked with City and a developers committee to formulate a
transportation strategic plan; and
Whereas, The work under the initial contract is now completed and developers and City
wish to proceed with the next phase of the contemplated work; and
Whereas, That phase of work was begun under the agreements approved by Resojution
17995 on August 8,1995 and amended by Resolution 18189 on January 1,1996 and Resolution
18459 on October 15, 1996; and
Whereas, The work approved by Resolutions 17995, 18189, and 18459 has not all been
completed due to the length of time it has taken to complete the work and scope of work required
by Caltrans; and
Whereas, Additional work related to the implementation of the State Route 125 Toll Road
and funding advocacy for several projects in the East Area is desired by the developers and the
City; and
Whereas, Consultant has a unique knowledge and understanding of the work remaining
to be accomplished; and
H,IHOMEIENGADMIN'$&A3RD .CLS Page 1
¿ -Iv
Whereas, The work needs to be completed in order the implement the Transportation
Development Impact Fee Program; and
Whereas, developers and City have reviewed proposal from Consultant for continuation
of the work; and
Whereas, City staff has determined the proposal to be responsible and has negotiated an
. agreement based on the proposal; and
Whereas, it would be disruptive and inefficient to foIlow the consultant selection process
to obtain another consultant to perform the tasks caIled for in this Third Amendment; and
Whereas, Consultant warrants and represents that they are experienced and staffed in a
manner such that they are and can prepare and deliver the services required of Consultant to City
within the time frames herein provided all in accordance with the terms and conditions of this
Agreement;
OBLIGATORY PROVISIONS PAGES
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby
mutuaIly agree as foIlows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the attached Exhibit A, Paragraph
7, entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said" General Duties", Consultant shaIl also
perform all of the serVices described in Exhibit A, Paragraph 8, entitled" Scope of Work and
Schedule", not inconsistent with the General Duties, according to, and within the time frames set
forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit
A, Paragraph 8, within the time frames set forth therein, time being of the essence of this
agreement. The General Duties and the work and deliverables required in the Scope of Work and
Schedule shaIl be herein referred to as the "Defined Services". Failure to complete the Defined
Services by the times indicated does not, except at the option of the City, operate to teITIÙnate this
Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from time to time reduce the
DerIDed Services to be performed by the Consultant under this Agreement. Upon doing so, City
H ,IHOMEIENGADMINIS&A3RD ,CLS ¿-/) Page 2
and Consultant agree to meet in good faith and confer for the purpose of negotiating a
corresponding reduction in the compensation associated with said reduction.
D. Additional Services
In addition to perfonning the Defined Services herein set forth, City may require
Consultant to perfonn additional consulting services related to the Defined Services ("Additional
Services"), and upon doing so in writing, if they are within the scope of services offered by
Consultant, Consultant shall perfonn same on a time and materials basis at the rates set forth in
the "Rate Scheduje" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise
agreed upon. All compensation for Additional Services shall be paid monthly as billed.
E. Standard of Care
Consultant, in performing any Services under this agreement, whether Defmed Services
or Additional Services, shall perfonn in a manner consistent with that level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions
and in similar locations.
F. Insurance
Consultant represents that it and its agents, staff and subconsultants employed by it in
connection with the Services required to be rendered, are protected against the risk of loss by the
following insurance coverages, in the following categories, and to the limits specified, policies
ofwhicn are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better,
or shall meet with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage
in the amount set forth in the attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance mcluding Business Automobije Insurance
coverage in the amount set forth in Exhibit A, Pàragraph 9, combined single limit applied
separately to each project away from premises owned or rented by Consultant, which names City
and Applicant as an Additional Insured, and which is primary to any policy which the City may
otherwise carry ("Primary Coverage"), and which treats the employees of the City and Applicant
in the same manner as members of the general public ("Cross-liability Coverage").
Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless
Errors and Omissions coverage is included in the General Liability policy.
G. Proof of Insurance Coverage.
(1) Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein required, prior to the
commencement of services required under this Agreement, by delivery of Certificates of Insurance
H, \H 0 ME\EN GAD MIN\S&A3RD. CLS ¡j, -/~ Page 3
demonstrating same, and further indicating that the policies may not be canceled without at least
thirty (30) days written notice to the Additional Insured,
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage, Primary Coverage and
Cross-liability Coverage required under Consultant's Commercial General Liability Insurance
Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall
be reviewed and approved by the Risk Manager.
H. Security for Perfonnance.
(I) Perfonnance Bond.
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to
provide a Perfonnance Bond (indicated by a check mark in the parenthetical space immediately
preceding the subparagraph entitled "Perfonnance Bond"), then Consultant shall provide to the
City a perfonnance bond by a surety and in a fonn and amount satisfactory to the Risk Manager
or City Attorney which amount is indicated in the space adjacent to the tenn, "Perfonnance
Bond", in said Paragraph 19, Exhibit A.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to
providê a Letter of Credit (indicated by a check mark in the parenthetical space immediately
preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City
an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to
the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms
of this Agreement. The letter of credit shall be issued by a bank, and be in a fonn and amount
satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent
to the tenn, "Letter of Credit", in said Paragraph 19,' Exhibit A.
(3) Other Security
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to
provide security other than a Perfonnance Bond or a Letter of Credit (indicated by a check mark
in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then
Consultant shall provide to the City such other security therein listed in a fonn and amount
satisfactory to the Risk Manager or City Attorney.
1. Business License
Consultant agrees to obtain a business license from the City and to otherwise comply with
Title 5 of the Chula Vista Municipal Code.
2. Duties of the City
H ,\HOME\ENGADMIN\S&A3RD .CLS ~-/3 Page 4
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing the progress of the
Defmed Services and Schedule therein contained, and to provide direction and guidance to achieve
the objectives of this agreement. The City shall pennit access to its office facilities, files and
records by Consultant throughout the tenn of the agreement. In addition thereto, City agrees to
provide the infonnation, data, items and materials set forth on Exhibit A, Paragraph 10, and with
the further understanding that delay in the provision of these materials beyond 30 days after
authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's
perfonnance of this agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant submitted to the City
periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than
monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate
Consultant for all services rendered by Consultant according to the tenus and conditions set forth
in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a
"checkmark" next to the appropriate arrangement, subject to the requirements for retention set
forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses
as provided in Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain sufficient infonnation as to the propriety
of the billing to pennit the City to evaluate that the amount due and payable thereunder is proper,
and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C)
to be charged upon making such payment.
3. Administration of Contract
Each party designates the individuals ("Contract Administrators") indicated on Exhibit A,
Paragraph 13, as said party's contract administrator who is authorized by said party to represent
them in the routine administration of this agreement
4. Tenn.
This Agreement shall tenninate when the Panies have complied with all executory
provisions hereof.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit
A, Paragraph 14.
It is acknowledged by both parties that time is of the essence in the completion of this
Agreement. It is difficult to estimate the amount of damages resulting from delay in perfonnance.
The parties have used their judgment to arrive at a reasonable amount to compensate for delay.
~ --/1
H,IHDMEIENGADMINIS&A3RD .CLS Page 5
Failure to complete the Defined Services within the allotted time period specified in this
Agreement shall result in the following penalty: For each consecutive calendar day in excess of
the time specified for the completion of the respective work assignment or Deliverable, the
consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated
Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate").
Time extensions for delays beyond the consultant's control, other than delays caused by
the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to
the expiration of the specified time. Extensions of time, when granted, will be based upon the
effect of delays to the work and will not be granted for delays to minor portions of work unless
it can be shown that such delays did or will delay the progress of the work.
6. Financial Interests of Consultant
A- Consultant is Designated as an FPPC Filer.
If Consultant is designated On Exhibit A, Paragraph 15, as an "FPPC filer", Consultant
is deemed to be a "Consultant" for the purposes of the Political Refonn Act conflict of interest
and disclosure provisions, and shall report economic interests to the City Clerk On the required
Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of
Exhibit A, or if none are specified, then as determined by the City Attorney.
B. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not
make, or participate in making or in any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to know Consultant has a
financial interest other than the compensation promised by this Agreement.
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and
represents that Consultant has diligently conducted a search and inventory of Consultant's
economic interests, as the tenn is used in the regulations promulgated by the Fair Political
Practices Commission, and has detennined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with Consultant's duties under this
agreement.
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further
. warrants and represents that Consultant will not acquire, obtain, or assume an economic interest
during the tenn of this Agreement which would constitute a conflict of interest as prohibited by
the Fair Pojitical Practices Act.
E. Duty to Advise of Conflicting Interests.
H, \HOME\ENGADMIN\S&A3RD .CLS ¿ -/S- Page 6
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further
warrants and represents that Consultant will immediately advise the City Attorney of City if
Consultant learns of an economic interest of Consultant's which may result in a conflict of interest
for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder.
F. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's immediate
family members, nor Consultant's employees or agents ("Consultant Associates") presently have
any interest, directly or indirectly, whatsoever in any property which may be the subject matter
of the Defmed Services, or in any property within 2 radial miles from the exterior boundaries of
any property which may be the subject matter of the Defined Services, ("Prohibited Interest"),
other than as listed in Exhibit A, Paragraph 15.
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to Consultant or
Consultant Associates in connection with Consultant's perfonnance of this Agreement. Consultant
promises to advise City of any such promise that may be made during the Tenn of this
Agreement, or for 12 months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest
within the Tenn of this Agreement, or for 12 months after the expiration of this Agreement,
except with the written pennission of City.
Consultant may not conduct or solicit any business for any party to this Agreement, or for
any third party which may be in conflict with Consultant's responsibilities under this Agreement,
except with the written permission of City.
7. Hold Hannless
Consultant shall defend, indemnify, protect and hold hannless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability, cost and
expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant,
or any agent or employee, subcontractors, or others in connection with the execution of the work
covered by this Agreement, except only for those claims arising from the sole negligence or sole
willful misconduct of the City, its officers, or employees. Consultant's indemnification shall in-
clude any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers,
agents, or employees in defending against such claims, whether the same proceed to judgment or
not. Further, Consultant at its own expense shall, upon written request by the City, defend any
such suit or action brought against the City, its officers, agents, or employees. Consultants'
indemnification of City shall not be limited by any prior or subsequent declaration by the
Consultant.
8. Tennination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants,
H,\HOME\ENGADMIN\S&A3RD,CLS ~-/~ Page 7
agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement
by giving written notice to Consultant of such termination and specifying the effective date thereof
at least five (5) days before the effective date of such termination. In that event, all finished or
unfinished documents, data, studies, surveys, drawings, maps, reports and other materials
prepared by Consultant shall, at the option of the City, become the property of the City, and
Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily
completed on such documents and other materials up to the effective date of Notice of
Termination, not to exceed the amounts payable hereunder, and less any damages caused City by
Consultant's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the Consultants' negligence,
errors, or omissions in the performance of work under this Agreement has resulted in expense to
City greater than would have resulted if there were no such negligence, errors, omissions,
Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein
is intended to limit City's rights under other provisions of this agreement.
IO. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by giving specific
written notice to Consultant of such termination and specifying the effective date thereof, at least
thirty (30) days before the effective date of such termination. In that event, all fmished and
unfmished documents and other materials described hereinabove shall, at the option of the City,
become' City's sole and exclusive property. If the Agreement is terminated by City as provided
in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents and other materials to the effective date of such
termination. Consultant hereby expressly waives any and all claims for damages or compensation
arising under this Agreement except as set forth herein.
11. Assignability
The services of Consultant are personal to the City, and Consultant shall not assign any
interest in this Agreement, and shall not transfer any interest in the same (whether by assignment
or novation), without prior written consent of City. City hereby consents to the assignment of
the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants
identified thereat as "Permitted Subconsultants".
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans, procedures,
,systems and any other materials or properties produced under this Agreement shall be the sole and
exclusive property of City. No such materials or properties produced in whole or in part under
this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the
United States or in any other country without the express written COnsent of City. City shall have
unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public
Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such re-
H ,IHOMEIENGADMINIS&A3RD ,CLS ¿-;? Page 8
ports, studies, data, statistics, forms or other materials or properties produced under this
Agreement.
13. Independent Contractor
City is interested only in the resujts obtained and Consultant shall perform as an
independent contractor with sole control of the manner and means of performing the services
required under this Agreement. City maintains the right only to reject or accept Consultant's
work products. Consultant and any of the Consultant's agents, employees or representatives are,
for all purposes under this Agreement, an independent contractor and shall not be deemed to be
an employee of City, and none of them shall be entitled to any benefits to which City employees
are entitled including but not limited to, overtime, retirement benefits, worker's compensation
benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal
income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible
for the payment of same and shall hold the City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement, against the City unless
a claim has first been presented in writing and filed with the City and acted upon by the City in
accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as
same may from time to time be amended, the provisions of which are incorporated by this
reference as if fully set forth herein, and such policies and procedures used by the City in the
implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City for the
purpose of resolving any dispute over the terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement result 'i~ litigation, it is agreed that the prevailing
parry shall be entitled to recover all reasonable còsts incurred in the defense of the claim,
including costs and attorney's fees.
16. Statement of Costs
In the event that Consultant prepares a report or document, or participates in the
preparation of a report or document in performing the DefIDed Services, Consultant shall include,
or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar
amounts of all contracts and subcontracts relating to the preparation of the report or document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have no authority to act
as City's agent to bind City to any contractual agreements whatsoever.
H,\HOME\ENGADMIN\S&A3RD ,CLS ~-/r Page 9
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals
is/are licensed with the State of California or some other state as a licensed real estate broker or
salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are
licensed real estate brokers or salespersons.
C. Notices
All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any party shall
be deemed to have been properly given or served if personally served or deposited in the United
States mail, addressed to such party, postage prepaid, registered or certified, with return receipt
requested, at the addresses identified herein as the places of business for each of the designated
partIes.
D. Entire Agreement
This Agreement, together with any other written document referred to or contemplated
herein, embody the entire Agreement and understanding between the parties relating to the subject
matter hereof. Neither this Agreement nor any provision hereof may be amended, modified,
waived or discharged except by an instrument in writing executed by the party against which
enforcement of such amendment, waiver or discharge is sought. This agreement supercedes the
Second Amendment approved by Resolution 18459, except as expressly provided in Sections lIb
and 12 of Exhibit A, attached hereto.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the other party that it
has legal authority and capacity and direction from its principal to enter into this Agreement, and
that all resolutions or other actions have been taken so as to enable it to enter into this Agreement.
F. Governing Law/Venue
This Agreement shall be governed by and construed in accordance with the laws of the
State of California. Any action arising under or relating to this Agreement shall be brought only
in the federal or state courts located in San Diego County, State of California, and if applicable,
the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and
performance hereunder, shall be the City of Chula Vista.
[end of page. next page is signature page.]
H ,IHOMEIENGADMINIS&.A3RD ,CLS ~-/1 Page 10
SIGNATURE PAGE
TO THIRD AMENDMENT AND RESTATEMENT OF THE
AGREEMENT BETWEEN CITY OF CHULA VISTA AND
SMITH & KEMPTON
FOR TRANSPORTATION CONSULTING SERVICES
IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that
they have read and understood same, and indicate their full and complete consent to its tenns:
Dated: ,19- City of Chula Vista
By:
Shirley Horton, Mayor
Attest:
Beverly Authelet, City Clerk
Approved as to fonn:
John Kaheny, City Attorney
Dated: (1)~Jíf 4. 19U Smith & Kempton
By: {)~ l~ JA rk-
By:
Exhibit List to Agreement
(X) Exhibit A
( ) Exhibit B
H: \Ii 0 MEIEN G AD MIN\S& A3 RD. CLS ~-:2.éJ Page 11
EXHmlT A
TO THIRD AMENDMENT AND RESTATEMENT
OF AGREEMENT BETWEEN
CITY OF CHULA VISTA
AND
SMITH & KEMPTON
1. Effective Date of Agreement:
2. City-Related Entity:
(X) City of Chuja Vista, a municipal chartered corporation of the State of California
() Redevelopment Agency of the City of Chula Vista, a political subdivision of the
State of California
() Industrial Development Authority of the City of Chula Vista, a
() Other: , a [insert business
form]
("City")
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant: Smith & Kempton
5. Business Form of Consultant:
( ) Sole Proprietorship
(X) Corporation
6. Place of Business, Tejephone and Fax Number of Consultant:
980 Ninth Street, Suite 1560
Sacramento, CA 95814
Voice Phone (916) 446-5508
Fax Phone (916) 446-1499
H: IH OMEIEN GADMINIS&K3RD- A. CLS ¿, ~c2 ) Page 1
7. General Duties:
Consultant will take the lead role in pursuing funding for the Olympic Parkway project as
a demonstration project in Intermodal Surface Transportation Efficiency Act (ISTEA)
reauthorization legislation and for improvements to the I-805/Telegraph Canyon and 1-
805/0range interchanges in the 1998 State Transportation Improvement Program (STIP).
Consultant will also take a lead role in managing the fmal project development activities
associated with interchange improvements planned on 1-805 at Telegraph Canyon Road,
Palomar Street, and Orange Avenue. Consultant will further serve as the lead coordinator
for negotiating agreements with Caltrans and the California Transportation Venture (CTV)
for the SR-125 facility.
8. Scope of Work and Schedule:
a. Detailed Scope of Work:
Task 1. 1-805 Program Manalrement ($20.000)
SllÙth & Kempton will continue to take the jead role in managing the completion
of the following project development activities associated with interchange
improvements planned on 1-805 at Telegraph Canyon Road, Orange Avenue and
Palomar Street.
. Telegraph Canyon Road: Encroachment permit
. Orange Avenue: PSR
. Palomar Street: PSR
Rick Engineering is currently preparing 35 % design plans for the expanded
Telegraph Canyon Road project. SllÙth & Kempton will manage the work to be
completed by Rick Engineering through completion of the encroachment permit
process, allowing the project to proceed to construction.
Smith & Kempton will oversee the preparation of combined Project Study
ReportlProject Report (pSR/PR) documents for the I-805/0range Avenue project.
The PSR/PR document includes an environmental document (i.e., typically a
mitigated negative declaration, unless significant environmental impacts are
involved), allowing these better defmed projects to move directly into the fmal
design stage upon completion.
For the I-805/Palomar Street interchange, Smith & Kempton will oversee
preparation of both an Access Approval Report (AAR) and a Project Study Report
(PSR) for this interchange. Should an acceptable interchange configuration not be
approved by FHW A in the AAR, SllÙth & Kempton will terminate activities on
Milestone 2 - the preparation of a Project Study Report.
H: IHOMEIEN GADMINIS&K3RD-A. CLS ¿; ~-2~ Page 2
The preparation of an AAR and PSR will allow for the selection of a preferred
interchange configuration at a more conceptual level prior to initiation of the more
detailed technical studies that are required at the Project Report stage. Smith &
Kempton will take the lead in the foJlowing activities related to the preparation of
encroachment permit, PSRlPR and PSR documents.
. Development of Implementation Team and Developer Advisory Committee
meeting schedules,
. Preparation of agenda ,statements,
. Oversight of consultant work products and schedules,
. Coordination between City, Consultants, and Caltrans, and
. Troubleshooting problems and/or project constraints.
Advocacv Services ($120.000)
Task 2 Pursue State or Federal Fundin~ for Kev East Area Projects ($30 000)
The objective of tlris advocacy effort is to monitor the status of federal funding for
the Olympic Parkway project, pursue new STIP sound wall funding for the 1-
80S/Orange and I-80S/Palomar interchanges, and pursue new STIP flexible
congestion relief funding for the I-80S/Telegraph Canyon and I-80S/Orange
interchanges. Snrith & Kempton will work with City staff to prepare the necessary
project funding request documents for the STIP sound wall and STIP flexible
congestion relief programs. Significant advocacy efforts for these STIP programs,
such as organizing and overseeing testimony either in Washington or Sacramento,
will require additional compensation.
Task 3 Lead Coordinator for Neaotiatinl! SR 125 Toll Road Al!reements ($90 000)
Smith & Kempton will serve as the, City's lead coordinator for negotiating
agreements with Caltrans, the Califorpia Transportation Venture (CTV), and the
development community that are necessary for implementation of the SR 125 toll
road project. Snrith & Kempton will oversee an extensive coordination process:
working in parallel with representatives of the City Council and City Manager's
office, City staff, CTV, and the development community.
The following issues are illustrative of those that will be addressed in the SR 125
toll road agreements: construction phasing; interchange design, staging and
[mancial responsibility; right-of-way conveyance; landscaping design and staging;
local [mancial contribution (if any); toll credits for residents (if any); etc.
Coordination Process
Two standard meeting dates each month are established as part of this contract.
The suggested dates and meeting purposes are summarized below.
H: \H OME\ENGADMlN\S&K3RD- A. CLS ¿~23 Page 3
. 2nd Fridav of each Month:
1. Monthly Project Development Team meetings for all three 1-805
interchanges (10:30 AM, 1:00 PM, 2:30 PM)
2. Lunch Briefings as necessary
. 4th Friday of each Month:
1. Monthly Progress Meeting
2. Meetings on Funding Advocacy Issues
3. Follow-up focused troubleshooting meetings on 1-805 interchanges
4. Attendance at SANDAG Board meetings as necessary
The Smith & Kempton team will coordinate a monthly progress meeting on the
fourth Friday of each month as feasible and/or conference call with City staff and
the Developer Advisory Committee. The team believes that two monthly meeting
dates will be required, at a minimum, to adequately move forward the project
development process for the 1-805 interchange projects. More frequent meetings
may be required, once consultants are selected, in the early stages of the process.
This will be accomplished as needed by setting meetings on the Thursday
preceding the above meeting dates. These regular meetings will be augmented by
special meetings in between for necessary trouble shooting and project advocacy.
This coordination process is not considered a separate task, but shall be considered
part of the three tasks included herein.
The Smith & Kempton team will file a monthly statement of services performed
outlining progress on each of the above tasks. Said statement shall be reviewed by
staff and Developer Advisory Committee to detennine whether satisfactory
progress has been made on each task. A determination of unsatisfactory progress
may be grounds for termination of this contract under Section 8, Termination of
Agreement for cause, or Section 10, Tennination of Agreement for Converuence
of City, of this agreement.
b. Date for Commencement of Consultant Services:
eX) Same as Effective Date of Agreement
e) Other:
c. Dates or Time Limits for Delivery of Deliverables: N / A
d. Date for completion of all Consultant services:
H: \HOME\EN GADMIN\S&K3RD- A. CLS ~~~i Page 4
Consultant services shall be completed within 12 months of the effective date of
this agreement, except that, by mutual agreement, this agreement may be modified
to provide for additional services, extending past said 12 month period, but not to
exceed an additional period of 12 months.
9. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
(X) Commercial General Liability Insurance: $1,000,000.
() Errors and Omissions insurance: None Required (included in Commercial General
Liability coverage).
() Errors and Omissions Insurance: $250,000 (not included in Commercial General
Liability coverage).
10. Materials Required to be Supplied by City to Consultant: N/A
11. Compensation:
a. () Single Fixed Fee Arrangement.
.For perfonnance of all of the DefIDed Services by Consultant as herein required, City shall
pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set
fonh below:
Single Fixed Fee Amount: , payable as follows:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
b. (X) Phased Fixed Fee Arrangement.
For the perfonnance of each phase or portion of the DefIDed Services by Consultant as are
separately identified below, City shall pay the fixed fee associated with each phase of Services,
in the amounts and at the times or milestones or Deliverables set fonh. Consultant shall not
commence Services under any Phase, and shall not be entitled to the compensation for a Phase,
UIÙess City shall have issued a notice to proceed to Consultant as to said Phase. Budget for
activities by work task are shown as indicated below:
H: \HOME\ENGADMIN\S&K3RD- A. CLS c:: -'¿S- Page 5
/)
Task Fee for Said Phase
1. Program management for 1-805 $ 15,000 - payable in 6 equal monthly
Interchanges installments for months 7 through 12 of
$2,500 each (note: the first six months are
funded under the Second Amendment to the
agreement which shall continue under this
Third Amendment)
2. Federal and State Funding Advocacy $ 30,000 - Payable in 12 equal monthly
installments of $2,500 each
c. (X) Hourly Rate Arrangement
Task 3. Negotiate Agreements for SR125 Toll Road
For perfonnance of the Defmed Services by Consultant as herein required, City shall pay
Consultant for the productive hours of time spent by Consultant in the perfonnance of said
Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the
following terms and conditions:
Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in
excess of said Maximum Compensation amount, Consultant agrees that Consultant
will perfonn all of the DefIDed Services for Task 3 herein required of Consultant
for $90,000 including all Materials, and other "reimbursables" ("Maximum
Compensation").
Rate Schedule
Category of Employee of
Consultant Name Hourly Rate
Principal D. J. Smith $200
Principal Will Kempton $200
Senior Vice President Bob Grandy $125
Principal Transportation Andrew Schlaefli $125
Consultant
H: \H OME\EN GAD MINIS&K3RD- A, CLS ¿;,-,;¿¿, Page 6
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the performance of
services herein required, City shall pay Consultant at the rates or amounts set forth below:
( ) None, the compensation includes all costs.
Cost or Rate
() Reports, not to exceed $_:
() Copies, not to exceed $_:
() Travel, not to exceed $
() Printing, not to exceed $_:
() Postage, not to exceed $_:
() Delivery, not to exceed $_:
() Long Distance Telephone Charges,
not to exceed $_.
ex) Other Actual Identifiable Direct Costs:
Transportation/Lodging to and from Sacramento will be compensated on an actual
cost basis for Meals, Lodging and transportation costs. Transportation/lodging
costs not to exceed $15,000 for tasks 1 and 3.
Total contract amount for Third Amendment not to exceed $140,000. In addition
to this amendment amount, the Second Amendment approved an additional $20,000
which may be paid to Consultant for unexpected work if authorized by the City
Engineer. That amount shall continue under this Third Amendment.
13. Contract Administrators:
City: Clifford Swanson, City Engineer
Public Services Building
276 Fourth Avenue
Chula Vista, CA 91910
(619) 691-5021
Consultant: Will Kempton
Smith & Kempton
980 Ninth Street, Suite 1560
Sacramento, CA 95814
14. Liquidated Damages Rate:
( ) $ per day.
( ) Other:
H: \H OME\EN GAD MlN\S&K3RD-A. CLS c:: ---~ 7 Page 7
15. Statement of Economjc Interests, Consultant Reporting Categories, per Confljct of Interest
Code:
(X) Not Applicable. Not an FPPC Filer.
() FPPC Filer
() Category No. 1. Investments and sources of income.
() Category No.2. Interests in real property.
() Category No.3. Investments, interest in real property and sources of
income subject to the regulatory, permit or licensing authority of the
department.
() Category No.4. Investments in business entities and sources of income
which engage in land development, construction or the acquisition or sale
of real property.
() Category No.5. Investments in business entities and sources of income of
the type which, within the past two years, have contracted with the City of
Chula Vista (Redevelopment Agency) to provide services, supplies,
materials, machinery or equipment.
() Category No.6. Investments in business entities and sources of income of
the type which, within the past two years, have contracted with the
designated employee's department to provide services, supplies, materials,
machinery or equipment.
( ) Category No.7. Business positions.
() List "Consultant Associates" interests in real property within 2 radial miles of
Project Property, if any:
None.
16. () Consultant is Real Estate Broker andlor Salesman
17. Permitted Subconsultants:
Urban Systems Associates
18. Bill Processing:
a. Consultant's Billing to be submitted for the following period of time:
H: IH OMEIEN GADMINIS&K3RD-A. CLS &~~y Page 8
( X) Monthly
() Quarterly
() Other: Weekly
b. Day of the Period for submission of Consultant's BiIling:
(X) First of the Month
() 15th Day of each Month
() End of the Month
() Other: End of week
c. City's Account Number:
19. Security for Performance
() Performance Bond, $
() Letter of Credit, $
() Other Security:
Type:
Amount: $
() Retention. If this space is checked, then notwithstanding other provisions to the
contrary requiring the payment of compensation to the Consultant sooner, the City
shaIl be entitled to retain, at their option, either the foIlowing "Retention
Percentage" or "Retention Amount" until the City determines that the Retention
Release Event, listed below, has occurred:
() Retention Percentage: - %
() Retention Amount: $
Retention Release Event:
() Completion of AIl Consultant Services
() Other:
END OF EXHIBIT "A"
H: IHOMEIEN GADMINIS&K3RD-A. CLS ¿-';¿9 Page 9
COUNCIL AGENDA STATEMENT
Item: 2
Meeting Date: 08/19/97
ITEM TITLE: Resolution / ({ :7 t:,:¿ Accepting a Grant from the California Healthy
Cities Project FY 97/98, Amending the FY 97/98 Budget and Appropriating
Grant Funds for $33,500 to Implement the City's Youth Takin' On Tobacco
Grant ~
SUBMITTED BY: D;""'m of p"", R","",~"d 0",," s~y
REVIEWED BY: C;W M'""Vi ~ ~}) (4I5tho Vol' Yo, II No..J
On March 17, 1997, the California Healthy Cities Project announced a grant award, from the
Tobacco Control Section - California Department of Health Services. The grant will help
participating Healthy Cities establish programs to discourage tobacco use by youth. Due to the
City's extensive involvement in the Healthy Cities program, the City has been invited to apply for
this tobacco grant.
On July 30, 1997, California Healthy Cities Project staff informed the Department of that years grant
award, The California Healthy Cities Project approved a 14-month grant for $33,500 to help
establish the project, Youth Takin' On Tobacco. The grant will begin August 1, 1997 and finish
October 31, 1998. The City, in collaboration with University of California Cooperative Extension -
San Diego County 4-H Programs, will establish a community and after school Tobacco Education
Program.
RECOMMENDATION: That the City Council adopt the resolution accepting the grant from the
California Healthy Cities Project and appropriate funds for $33,500 to establish the project.
BOARDS/COMMISSIONS RECOMMENDATIONS: Not applicable.
DISCUSSION: The Chula Vista Parks, Recreation and Open Space Department, in partnership with
the University of California Cooperative Extension - San Diego County 4-H Programs, will establish
a project, Youth Takin' On Tobacco. The project will increase youth involvement in positive, healthy
activities and counter pro-tobacco influences in the community.
The Youth Takin' On Tobacco project will build on the foundation established by the Department's
previous tobacco education grant. The project will use the "Teens As Teachers" model to train teen-
age youth to be mentors to younger youth, Research has shown that peer-led prevention programs
have created reductions on both experimental and regular cigarette smoking, In addition, tobacco
education curricula will be brought into the non-classroom setting, such as the Departments's after
school programs.
The City's Human Services Coordinator will serve as the project manager, and will be responsible
for completing and submitting the required reports to the California Healthy Cities Project. The
Department will disburse funds to the appropriate partner agency upon receipt of appropriate
H,IHOME\PARKSRECIA 113\08-19-97.MTGlTOBACCû.113 IA..g.." 8, 1997 1O,"'m]
7-/
Item:
Meeting Date: 08/19/97
expense documentation. Payments are made based on clear expectations and performance
according to the proposal submitted to the California Healthy Cities Project,
FISCAL IMPACT: The California Healthy Cities Project has awarded the City a grant for $33,500
for the Youth Takin' On Tobacco project. These funds will be deposited into a grant account,
Healthy Cities Project GranVTobacco (290-2903). This grant will cover most of the expenses for
the project. The City will contribute, in-kind, the salary and benefits of the Human Services
Coordinator, at an estimated cost of $5,500 for the grant period. The Human Services Coordinator
would work approximately 5% or two (2) hours per week on the project. Excepting the in-kind
contribution, City General Funds will not be required for this program.
Attachments: A. Award Letter
B, Budget
C. Application
H,IHOMElPARKSREClAII3\O'.19.97,MTOITOBACCO,!13 [A",",! 7, 19972'O3pm]
7-2
RESOLUTION NO. /F?¿;,;¿
-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING A GRANT FROM THE
CALIFORNIA HEALTHY CITIES PROJECT FY 1997/98;
AMENDING THE FY 97/98 BUDGET AND APPROPRIATING
GRANT FUNDS FOR $33,500 TO IMPLEMENT THE
CITY'S YOUTH TAKIN' ON TOBACCO GRANT
WHEREAS, on March 17,1997, the California Healthy cities
Project announced a grant award from the Tobacco Control Section -
California Department of Health Services; and
WHEREAS, the grant will help participating Healthy cities
establish programs to discourage tobacco use by youth; and
WHEREAS, due to the City's extensive involvement in the
Healthy cities program, the City has been invited to apply for this
tobacco grant; and
WHEREAS, on July 30, 1997, California Healthy cities
Project staff informed Parks and Recreation that it approved a 14-
month grant for $33,500 to help establish the project, Youth Takin'
on Tobacco; and
WHEREAS, the City, in collaboration with University of
California Cooperative Extension - San Diego County 4-H Programs,
will establish a community and after school Tobacco Education
Program.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby accept a grant from the California
Healthy cities Project FY 1997/98.
BE IT FURTHER RESOLVED that the City Council does hereby
amend the FY 97/98 budget and appropriate the grant funds in the
amount of $33,500 into a grant account Healthy cities Project
Grant/Tobacco (290-2903) and approving the expenditure of said City
funding for implementation of the City's Youth Takin' On Tobacco
Grant.
Presented by Approved as to form by
Jess Valenzuela, Director of
Parks and Recreation
C:lrslhealthy.grt
7~3
ATTACHMENT A
~ !ECClE~\f!ED
~ AUG 0 4 1997 r'ß"mm",'"
"""'""","""111"
¡/ilL ""Imlnll,""
--------------- """'"mil"
July 30, 1997 /. ",,"" "'~' w",".
f""'""""'"'M""""'1
The Honorable Shirley Horton
Mayor
City ofChula Vista
276 Fourth Ave.
Chula Vista, CA 91910
Dear Mayor Horton:
It is with great pleasure that I inform you that the City ofChula Vista ha~ heeu awarded a grant of
$33,500 by the California Healthy Cities Project to implement a community-hased, youth-focused
tobacco control program. Under the grant program, entitled Youth Takin' On Tobacco, your project to
provide teenage mentors who will teach the dangers of tobacco use in a non-classroom setting to
elementary school age children has the potential to discourage tobacco use by youth while creating
opportunities for positive youth development.
Previously a rmyority of our work in tobacco control focused on assisting cities to develop ordinances
and implement the statewide smokefree workplace law. We are currently directing our attention to an
innovative approach of enhancing the capacity of cities to strengthen "protective" factors which may
build resiliency and facilitate tobacco-free choices among youth. We are delighted that the City of Chula
Vista will be a part of our effort to operationalize a youth development approach to tobacco control.
Other cities funded under the same grant program include Chico, Escondido, Oceanside and Vacaville.
The California Healthy Cities Project staff will continue to provide technical assistance for implementing
aud evaluating your city'~ Youth Tnkin' On Tohncco program. In addition. each city participating in
Youth Takin' On Tohacco will also receive evaluation assistance from consultants hired by the Project.
We hope the resultant information will be useful to you in your future planning for youth and for
building a healthier city.
A Grant Agreement, delineating the terms of payment and responsibilities associated with the award will
be forthcoming. Should you have any questions, please contact Anne Klink, Youth Takin' On Tobacco
Coordinator at (916) 322-1528, or Gregory Shaffer, Locnl Program Deve.lopment Specialist nt (916) 323-
0702.
Again, on behalf of the entire Healthy Cities staff, I offer our most sincere congratulations and wish you
every success in making Chula Vista a more healthful community.
Sincerely,
~.~
cc: City Manager
CHCP City Representative ? i
YTOT Program Contact - C ,IOrnCE\ WrWINl wroocsI VTOT\ VTOTNOT, CIIU
,~. w""," """"""" ""ri","", ,/" r,"""Ih"".' , """'" ,,'I' ,h. r,"'"'"'" .'1.'" n'r""'" no 1",1 ,.."".
ATTACHMENT B
YOUTH TAKIN' ON TOBACCO
CALIFORNIA HEALTHY CITIES PROJECT
FISCAL YEAR 1997-98
290-2903 -- CHCPIYOUTH TAKIN' ON TOBACCO GRANT
LINE ITEM AMOUNT DESCRIPTION
5202 - Contractual Services $32,000,00 All expenses related to carrying out the
program by the partner agency. May
include: general office supplies, personnel,
postage, promotional items, educational
material, curriculum, printing, incentives and
other miscellaneous items,
5398 - Other Commodities $1,500,00 Additional expenses related to program,
TOTAL $33,500.00
H,IHOMElPARKSREClAII3\O8.19.97,MTGITOBACCO,ll3 [A"g"" 7, 1997 ',O'pm]
?~~/
City ofChula Vista
B. Abstract ATfACHMENTC
The city ofChula Vista Parks, Recreation and Open Space Department's Youth Takin' On
Tobacco Project will address Priority Program Area #1: Countering Pro-Tobacco Influences
in the Community and Priority Program Area #3: Reduce Exposure to Environmental
Tobacco (ETS) and increase the Number of Smoke free public Spaces, Work sites, Schools
and Communities. The primary target population will be youth between the ages of 13 and 18,
The secondary target population will be elementary school age children and families of children
and youth involved,
This project's goal is to increase youth involvement and participation in positive, healthy activities
by countering pro-tobacco influences in the community. The Youth Takin' On Tobacco project
will build on the foundation established by the previous year's project. The project will revive the
use of the "Teens As Teachers" model to after-school sites. We will bring tobacco education
curricula into the non-classroom setting, such as community-based after school programs and
activities,
Capitalizing on the youths expressed desire to be mentors and positive role models, we will recruit
and train older youth (13-18 years of age) as leaders/mentors for younger children on the dangers
of tobacco use. Research has shown that peer-led prevention programs have created reductions
in both experimental and regular cigarette smoking. These youth will be actively involved in the
development and carrying out of project activities,
Project activities will focus on training youth to be mentors and positive role models for their
peers and younger children in tobacco education, As pro-tobacco influences in the community
continue to target youth, the need for creative, innovative education and prevention programs
continues to increase. One important feature of this project is the involvement of youth in the
development and accomplishment of programs and activities.
C. Project Narrative
1. Goals and Objectives
Goal Statement: To increase youth involvement in healthy and positive activities by training
youth to be teachers/mentors to younger children; Informing all youth
through leadership training, presentations, activities and articles about pro-
tobacco influences in the community that continue to target youth; To
increase the number offamilies that voluntarily establish smoke £Tee homes
and/or vehicles,
'""-~,-",-""
/~~
City of Chula Vista
Process Objective 1: By 10/31/98, a total of 50-75 youth between the ages of 13
and 18 will be trained as tobacco education leaders/mentors
through a minimum of two six-hour training sessions (with
35-50 youth attending each session) using the one-day
"Teens as Teachers" curriculum, developed by the American
Nonsmokers' Rights Foundation, or another appropriate
curriculum.
Process Objective 2: By 10/31/98,200-500 children under the age of 13 will
receive tobacco education through presentations and
activities offered/coordinated by older youth trained as
tobacco education leaders/mentors,
Process Objective 3: By 10/31/98, 6 issues of the youth newspaper will include
features on tobacco education, reaching a minimum of
5,000 readers.
Outcome Objective: By the end of the project, October 31, 1998, the following
will occur:
. 50% or more ofthe youth mentors surveyed will self-report that
they have engaged in activities, in the community, to reduce
exposure to tobacco.
. 50% or more of the youth mentors surveyed will self-report that
they have taken action to change their exposure to environmental
tobacco, such as establishing smoke free homes and/or vehicles,
2. Intended Target
The project targets youth within the City ofChula Vista ages 5-18, The primary target
population will be youth, trained as leaders/mentors, between the ages of 13 and 18. The
secondary target population will be elementary school age children and families of children and
youth involved, Participating sectors include: The neighborhood -based programs within the City
ofChula Vista's elementary and high school districts, Programs include those operated by the
Chula Vista Parks, Recreation and Open Space Department, San Diego County 4-H, the Chula
Vista Youth Coalition, and other local agencies serving the city's youth.
I"'~""~.-'._""
7~7
City ofChula Vista
3. Needs and Assets Statement
The City of Chula Vista is one of San Diego County's most ethnically and culturally diverse
communities, and is the second largest incorporated city in the region. According to 1990
Census, 50,2% of the city's 135,163 residents were people of color. Latinos comprise the largest
ethnic population in Chula Vista, 37.3% of the city's population, Chula Vista's median household
income in 1990 was estimated to be 32,720, compared to 33,720 for San Diego County.
Approximately 22,1 % of the city's population is 15 years of age or younger. The Sweetwater
Union High School District, serving Chula Vista and south San Diego, has an enrollment of
28,000 students. According to the 1992 California Basic Educational Data System(CBEDS),
more than 78% of these students are ethnic (primarily Latino). More than 45% of the families
served by the District receive some form of public assistance. In San Diego County, it is
estimated that 14% of White youth are unemployed, while 30% of African-American youth, and
20% of Latino youth are considered unemployed.
Tobacco use among area youth continues to be a problem. According to a recent study conduced
by the University of California, San Diego (UCSD), approximately 8% of county youth 12-17
years of age are current smokers, compared with 10% of California teens. The study also found
that 49% of county youth, ages 12-17, report they are not planning to start smoking.
The three-year dropout rate for Latino students in the District is approximately 37%. Gangs,
drugs, graffiti and youth unemployment continue to be significant local problems, According to
local law enforcement sources tracking gang-related juvenile arrests in the areas served by the
district, more the 35% of the arrests involve drug activities and/or violent crime. During the past
three to four years, these kinds of problems have manifested themselves on the District's
campuses in record numbers,
The community recognizes the importance of improving services for Chula Vista's youth, for they
are the future of this city. Beginning in 1993, the city has held, biannual Youth Summit to hear
directly from participants their thoughts and ideas regarding the needs ofChula Vista's youth.
A recurring theme throughout the Youth Summits is availability of safe-healthy activities for
youth, The 1997 Youth Summit focused on youth and community development. Youth across
the city participated in focus groups to find out their needs and develop a Community Action Plan
(CAP). Adult mentors/community members volunteered to help the youth plan, design and carry
out the CAP plans.
,~-"-,-,,-,,,
7-~'
City ofChula Vista
4. Project Description
Through their participation in the 1997 Youth Summit, young people of Chula Vista saw a need
to give back to the community while fulfilling volunteer requirements for school. They also had
the desire to teach young children the value of service and recognize the value of cross-age
education, Because of these, the youth and staff, designed a mentorship program, The teens
named the program STYLE, (Students TeachingIYouth LearninglEducation),
Capitalizing on the youths expressed desire to be mentors and positive role models, we will recruit
and train older youth (13-18 years of age) as leaders/mentors for younger children on the dangers
of tobacco use, The teens will teach elementary school-age children on a variety of topics, from
health education and sports to science and the arts. Research has shown that peer-led prevention
programs have created reductions in both experimental and regular cigarette smoking. The
mentors will be actively involved in the development and carrying out of all project activities.
The opportunity to participate in the development of this community project, will help the youth
gain a better sense of self, find their own talents, enrich their skills and positively enrich the life of
a young child, Through the leadership training and mentoring experience, it allows the teens to
make good choices regarding the use of tobacco and other activities that are detrimental for their
health. Developing a shared responsibility for the lives of the younger children will give the teen
mentors positive expectations and the expectations of young people overall.
With city staff and through a subcontract, San Diego County 4-H Youth Education Foundation
(SDC4-HYEF) will coordinate, train, supervise and market all program components including:
hiring a Program Coordinator to be responsible for, hiring the Youth Project Leader, conduct
training of 50-75 youth as mentors/teachers, Teens as Teachers (T AT) as the education
component of the project; Coordinate presentations and activities by the T AT to children under
the age of 13 to receive tobacco education; Coordinate the submission of articles to the youth
magazine, Coordinate the survey and evaluation components. Another component will include
youth mentors learning enhanced computer skills by taking part in the statewide Youth Media
Network. This will allow the mentors in the leadership role to communicate with other liked
minded youth throughout the state. Additionally, the mentors will have the opportunity to build
their own web site within the City's web page or a standalone web site.
Process Objective 1: By 10/31/98, a total of 50-75 youth between the ages of 13 and 18 will be
trained as tobacco education leaders/mentors through a minimum of two six-hour training
sessions (with 35-50 youth attending each session) using the one-day "Teens as Teachers"
curriculum, developed by the American Nonsmokers' Rights Foundation, or another appropriate
curriculum,
Teens as Teachers: Using the American Nonsmokers' Rights Foundation's "Teens as Teachers"
award-winning, peer-led youth smoking prevention program and curriculum, or another
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City of Chula Vista
appropriate curriculum, this project will recruit and train a minimum of 40 middle/junior high and
high school age youth during the grant's 15 month funding period, We will recruit youth through
their respective schools, and other youth activities. At least two (2), 6-8 hour training sessions
will be held during the grant's 15 -month funding period. Graduates of the training program will
form small groups and prepare presentations for younger children at the following locations:
a. After-School Play~round Pro~rams: The Parks, Recreation and Open Space
Department offers after-school programs at each of the 26 elementary schools
within the city of Chula Vista. Activities include games, crafts, special events, and
field trips, Daily attendance at the different locations varies; several playgrounds
have drawn as many as 50 children on a daily basis.
b. Other Programs Offered by Youth-Serving Organizations: Youth Coalition
members offer a variety of programs and activities for children and youth
throughout Chula Vista, including supervised after school activities, child care
programs, etc. We will attempt to include these programs in the project's
activities.
Process Objective 2: By 10/31/98, 200-500 children under the age of 13 will receive tobacco
education through presentations and activities offered/coordinated by older youth trained as
tobacco education leaders/mentors,
This objective is based upon the success of mentorship programs, Research continues to show
that peer-led prevention programs have created reductions in both experimental and regular
cigarette smoking, The carrying out of the Youth Takin' On Tobacco project will build on the
successful foundation established by the current mentor projects and the City's own success with
tobacco education presentations. The youth mentors will make the presentations age specific and
culturally sensitive to varying ethnic groups.
Process Objective 3: By 10/31/98, 6 issues of the youth newspaper will include features on
tobacco education, reaching a minimum of 5,000 readers.
lnfiniti Magazine: Chula Vista's collaborative effort between the Parks, Recreation and Open
Space Department and South Bay Community Services, is a magazine developed and produced by
youth, for youth, The project has given Chula Vista youth, hands-on business experience, and
increased knowledge of health and social issues -- including tobacco education -- that impact the
quality oflife for all Chula Vista residents. Youth throughout the city will be encouraged to
contribute articles, ideas, and feature stories on activities.
lnfiniti Magazine, is produced bimonthly and will carry feature articles during the IS-month grant
term. Each issue will include information on tobacco education, health and social issues, and
youth events throughout the City.
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City of Chula Vista
Outcome Objective: By the end of the project, October 31, 1998, the following will occur:
. 50% or more of the youth mentors surveyed will self-report that
they have engaged in activities, in the community, to reduce
exposure to tobacco.
. 50% or more of the youth mentors surveyed will self-report that
they have taken action to change their exposure to environmental
tobacco, such as establishing smoke fTee homes and/or vehicles.
5. Evaluation
Outcome Evaluation:
Because of the leadership training, 50% or more of the youth mentors surveyed will self-report
that they have engaged in activities, in the community, to reduce exposure to tobacco; As a result
of their experience with the training, 50% or more of the youth mentors surveyed will self-report
that they have taken action to change their exposure to environmental tobacco, such as
establishing smoke fTee homes and/or vehicles.
The Project Coordinator will work with evaluation specialists who will help each city in planning
an evaluation approach appropriate for the goals of the program. Before we can reflect statistics
accurately, a baseline survey will be done to detect the number of the smokers versus nonsmoker
homes. The Project Coordinator will carry and give out pre and post test surveys to the mentors.
The survey represents an investigation into the effect's mentor and leadership roles will have in
the health-related attitudes and behaviors of youth. The surveys may include areas for personal
reflection or personal impact responses.
Besides the formal statistical evaluation, we will compile reports highlighting project activities
and accomplishments for the Project, City of Chula Vista, Youth Coalition, and other interested
groups. We will also develop and distribute summaries, as press releases, to local media
(including the youth newspaper) to publicize project activities and accomplishments,
6. Organizational Capability
As a direct result of the 1993 Youth Summit, the Chula Vista City Council approved funding
during the summer of 1993 for the Youth ACTION Program. Action stands for "Activities
Coordinated through Interagency Organizational Networks." The program is intended to
improve access of the following six functions: Junior High Outreach (after school program), High
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City of Chula Vista
School Happenings (after school programs), Late Night Teen Programs, Transportation, Special
Events and Cultural Arts. This project, while not directly tied to any of the six core functions,
compliments the Youth ACTION Program's goal of improving and expanding services for Chula
Vista's Youth by enhancing the mechanism for expressing information on available services and
health and social issues.
The Junior High Outreach program -- with the South Bay YMCA's PRYDE Program as its
foundation -- has been established at the city's four middle/junior high schools and has been
serving a total of60-75 participants since March 1993. A recent grant award to the Parks,
Recreation and Open Space Department by Easton Aluminum will add an archery component,
complete with certification, to this program.
The High School Happenings program, led by the Parks, Recreation and Open Space Department
has begun at two of the five city's high schools. The Late Night Teen Program, coordinated
through the Boys and Girls Club of Chula Vista, has been averaging more than 200 youth each
week.
We enhance all programs through agency involvement in the Chula Vista Youth Coalition, The
San Diego County 4-H has worked with each of those agencies to enhance programs by providing
teen mentorship programs, staff training and curriculum,
San Diego County 4-H's efforts include the Youth Experiences in Science (Y.E.S.) Program.
Funded by the National Science Foundation and sponsored by the University of California
Cooperative Extension, Y.E.S. is a teen mentorship program designed to train teens as mentors,
in various science curricula, and for teens to teach/mentor children, ages 5-8, science ideas. The
program began in 1993, has been working well with the various agencies and the teens involved
have formed strong bonds with the children they teach/mentor.
The City's Human Services Coordinator will be the primary staff member working on the project.
The Human Services Coordinator possesses a Degree in Psychology/Sociology and more than ten
years of experience in program planning and development. The Human Services Coordinator will
complete all required reports and communications with the Healthy Cities Program Office.
The San Diego County 4-H Youth Education Foundation, as a subcontractor, will give the city
the necessary reports and data to for program information, In addition the Project Coordinator to
be hired will possess a Human Services/Social Services Degree and experience working with
cities, communities and youth. The California Healthy Cities Project, City Human Services
Coordinator and Project Coordinator will collaborate to accomplish the goals of the program.
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City of Chula Vista
7. Collaborating Organizations
The major collaborators in this project will be members of the San Diego County 4-H Youth
Education Foundation, Chula Vista Youth Coalition, the local business community, and youth
(through the Youth Advisory Groups and/or their agencies/programs), The Parks, Recreation and
Open Space Department, their partner, the San Diego County 4-H Youth Education Foundation,
and the Youth Coalition are committed to involving youth in the planning, accomplishment and
evaluation of programs and activities.
We consulted youth, school administrators and community agencies for the application, Common
issues/needs continue to be: activities for youth, jobs, and training for youth. Youth participants
also expressed the need for more positive after school activities, life skills training, and
opportunities for older youth to be mentors and positive role models for younger students.
8. Level of Funding Requested
Funding requested for this project is $33,500,
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City of Chula Vista
D. WORK PLAN
Project Period: August 1997 to October 1998
Goal Statement: To increase youth involvement in healthy and positive activities by
training youth to be teachers/mentors to younger children;
Informing all youth through leadership training, presentations,
activities and articles about pro-tobacco influences in the
community that continue to target youth; To increase the number of
families that voluntarily establish smoke ftee homes and/or vehicles.
Year 2000 Objective: Reduce the initiation of cigarette smoking by children and youth so
(3.5) that no more than 15% have become regular cigarette smokers by
age 20.
Process Objective 1: By 10/31/98, a total of 50-75 youth between the ages of 13 and 18
will be trained as tobacco education leaders/mentors through a
minimum of two six-hour training sessions (with 35-50 youth
attending each session) using the one-day "Teens as Teachers"
curriculum, developed by the American Nonsmokers' Rights
Foundation, or another appropriate curriculum.
Process Objective 2: By 10/31/98, 200-500 children under the age of 13 will receive
tobacco education through presentations and activities
offered/coordinated by older youth trained as tobacco education
leaders/mentors,
Process Objective 3: By 10/31/98, 6 issues of the youth newspaper will include features
on tobacco education, reaching a minimum of5,000 readers,
Outcome Objective: By the end ofthe project, October 31, 1998, the following will
occur:
. 50% or more of the youth mentors surveyed will self-report that
they have engaged in activities, in the community, to reduce
exposure to tobacco.
. 50% or more of the youth mentors surveyed will self-report that
they have taken action to change their exposure to environmental
tobacco, such as establishing smoke free homes and/or vehicles.
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City of Chula Vista
KEY ACTIVITIES
TEENS AS TEACHERS DATES
1. The Project Coordinator will recruit, train and supervise the Youth August 1997 -
Project Leader. September 1997
2. The Project Coordinator and/or Youth Project Leader will contact October 1997-
local middle and high schools to recruit teens to be trained as September 1998
tobacco education leaders/mentors,
3. The Project Coordinator and/or Youth Project Leader will train October 1997 -
teens to teach tobacco education curricula, September 1998
4. The Project Coordinator and/or Youth Project Leader will work August 1997 -
with teens to develop their prospective work plans and teaching September 1998
lessons,
PRESENTATIONS DATES
1. The Project Coordinator and Youth Project Leader will work with August 1997 to
the Parks, Recreation and Open Space Department, schools and local September 1998
youth serving agencies to coordinate and carry out tobacco
education programs for children, less than 13 years of age, at their
resoective locations.
PUBLICATIONS DATES
1. The Project Coordinator, Human Services Coordinator and Youth August 1997 to
Project Leader and teens will submit tobacco education articles to September 1998
the youth newspaper.
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City ofChula Vista
PUBLICATIONS DATES
2. The Project Coordinator, Youth Project Leader and the Human September 1997
Services Coordinator will report progress to City Council and other and September
community organizations. 1998
EVALUATION DATES
1. The Project Coordinator, with CHCP Evaluators, will develop and August 1997 to
distribute pre/post test surveys to participants, for outcome September 1997
evaluations.
2. The Project Coordinator will evaluate and measure all results tì-om October 1997
pre/post test surveys. to October
1998
Process Evaluation: Documentation of sign-in lists from teen training; total number of
classes held; number of volunteer and staff hours who worked on
the project; posters, fliers, leaflets and newsletters produced.
Outcome Evaluation: Results establishing 50% or more of the youth participants and
families surveyed will self-report that they have voluntarily
established smoke free homes and vehicles.
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City ofChula Vista
E. Budget and Justification
Requested Budget and Funding Source
BUDGET ITEM Healthy Cities City In-Kind Community TOTAL
Grant In-Kind
I, Human Services Coor. $0 $5,520,00 $0 $5,520,00
2. Project Coor, $0 $0 $0 $0
3. Youth Project Leader $0 $0 $0 $0
4. General Expenses $200,00 $500.00 $1,200,00 $1,900,00
5, Telecommunications $750,00 $250.00 $550.00 $1,550.00
6, Postage $50.00 $50.00 $0 $100,00
7. DuplicationIPrinting $250.00 $175.00 $500.00 $925,00
8. Travel $250.00 $0 $0 $250,00
9. Training $0 $0 $1,500.00 $1,500,00
10. Eauioment Rental $0 $0 $500,00 $500,00
II. Educational Materials $0 $0 $75,00 $75,00
12. Promotional Items $0 $0 $1,000.00 $1,000.00
13. Contractual Services $32,000.00 $0 $0 $32,000,00
14, Volunteer Hours $0 $0 $5,000.00 $5,000,00
Total Costs $33 500,00 $6495,00 $10325.00 $50320.00
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City of Chula Vista
Budget Justification
1. The City's Human Services Coordinator will be responsible for completing and submitting
the required reports to the City Council and the California Healthy Cities Project. The
Human Services Coordinator may attend necessary training, seminars and/or conferences.
The City contribution is calculated at $21.23 per hour, based upon five (5) hours per
week, for 52 weeks of the year. The amount includes all applicable taxes, Medicare, and
benefits,
2. Expenses incurred in this category are under contractual services. (See number 13)
3. Expenses incurred in this category are under contractual services. (See number 13)
4, General expenses may include: paper, pens, pencils, staples, clips, and any miscellaneous
items. The $200.00 total is the estimated cost over the life of the grant.
5. Telecommunications may include the cost of a modem, extra computer line, the
construction of a web page and Internet access, The $750.00 will allow necessary
communications, and the ability to send and receive information from other California
Healthy Cities and International Healthy Cities, The web page will publicize our project
and related accomplishments/results,
6. Includes mailing expenses regarding report submission and correspondence between
agencies and participants, $50,00 total is the estimated cost over the life of the grant.
7. Duplication and printing will include newsletters, flyers and other necessary expenses
related to publicity of the project. $250,00 is the estimated amount.
8. We request a total of$250.00 as part of this application to cover expenses related to
attendance and participation in Healthy Cities Project meetings and/or training
opportunities by the Human Services Coordinator,
9. No expenses are incurred for this item under the budget. All services will be in-kind,
10. No expenses are incurred for this item under the budget. All services will be in-kind
11. Expenses incurred in this category are under contractual services. (See number 13)
12. Expenses incurred in this category are under contractual services. (See number 13)
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City of Chula Vista
13, A total of $32,000,00 includes the expenses related a subcontract to the San Diego
County 4-H Youth Education Foundation to provide the program coordination including
but not limited to the following:
Personnel Expenses:
1. Project Coordinator: Will be responsible for overall project implementation, including;
correspondence and coordination with the city, participating schools and agencies,
program planning, recruitment, and evaluation. The total salary for this position is based
upon a monthly salary at one quarter time(.25 FTE) including benefits and leave at
$788.00 per month. The $11,820.00 total is the estimated cost over the life of the grant.
2, Youth Project Leader: Will be responsible for direct services with youth participants,
program planning, and data collection. The total salary for this position is based on an
hourly wage of$12.00. The rate of pay including benefits and leave at $720,00 per month.
The $12,620.00 total is the estimated cost over the life of the grant.
Operating Expenses:
I.General Expenses: Includes office supplies such as pens, paper, staples, clips and
miscellaneous, The $1000.00 total is the estimated cost over the life
of the grant.
2. Postage: Includes mailing expenses for project correspondence, The
$360.00 total is the estimated cost over the life of the grant.
3, DuplicationlPrinting: Includes duplication/printing expenses related to project,
materials and surveys. The $1,000.00 total is the estimated cost
over the life of the grant.
4, Educational Materials: Includes curriculum, presentation, and hands-on supplies for project
implementation. The $3,250,00 total is the estimated cost over the
life of the grant.
5. Promotional Items: Includes advertizing and incentives for youth participants involved
in the project. The $1,950.00 total is the estimated cost over the
life of the grant.
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COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 8119/97
¿7
ITEM TITLE: Resolution / 'if 7 &, appropriating funds from the Traffic Signal Fund to
reimburse developer for costs involved with traffic signal relocation at the
'O"""~, w~ ofThlld l P",- Sill'"
SUBMITTED BY: Director of Public Works
REV1EWEDBY, C;,YMomg,<j1:! ~ /" ' (4I5"'Vo",Y~-X- No_)
Kentucky Fried Chicken (KFC), developer of e prop~ at the southeast comer of Third Avenue and
Palomar Street, plans to build a KFC fast food restaurant. As part of this development, KFC is required
to widen both streets to meet current standards mandated in the City's Circulation Element of the
General Plan. Part of that widening includes the relocation of the existing traffic signal standard on the
comer. Staff is requesting that Council authorize staff to reimburse KFC for the cost of this relocation
out of the Traffic Signal Fund.
RECOMMENDATION: Council adopt resolution to appropriate up to $24,200.00 from the Traffic
Signal Fund to cover the cost of relocating City's signal standard and appurtenances and authorize
staff to credit the developer's traffic signal fee of $17,486.40 and reimburse the developer for the
remainder of costs (up to $24,200) involved with the traffic signal relocation at the southeast comer of
Third A venue and Palomar Street.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Recently, the developer of the property known as 1305 Third Avenue (the southeast comer of Third
Avenue and Palomar Street), submitted an application for a Building Permit to demolish an existing
bank building and construct a KFC fast food restaurant on the site. As the plans were processed through
the Engineering Division, the requirement to widen the adjacent streets to current design standards was
imposed in accordance with the Municipal Code provisions.
Third Avenue and Palomar Street are both considered Class I Collectors in the General Plan. Each
street currently has a half-width of 32 feet from center line to curb. Current Chula Vista Design
Standards for the intersection of these streets call for half-widths of 37 feet on both streets. The street
widening of 5 feet allows for the installation of raised median islands on both streets. The median
islands serve to prevent left turn movements across traffic in the vicinity of a major intersection, which
would constitute traffic hazards.
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Page 2, Item-
Meeting Date 8/19/97
KFC has agreed to complete the street widening work at KFC's expense, the cost of which is estimated
to be $34,000 (excluding the traffic signal modification work). However, KFC has asked the City to
assist in the cost of relocating the traffic signal and appurtenant facilities. The cost of the relocation,
including relocating any pullboxes and detector loops, has been estimated by City staff to be $41,500.
KFC is required to pay the assessed Traffic Signal Fee of $1 7,846.40 which is less than the cost of the
relocation of the required traffic signal work. The City may pay the additional relocation costs out of
Traffic Signal Funds. We believe that this expenditure is justified on the basis that this intersection is
very busy, should be widened now, and the signal relocation is essential for the provision of adequate
circulation. Its cost is considerably beyond KFC's proportional contribution to the traffic volume.
Council Policy No. 478-01 establishes a policy on participation by private developers for the financing
and/or installation of traffic signals on public streets in the City ofChula Vista. A copy of the policy
is attached for reference. The policy provides for proportionate contribution by all private
developments generating significant traffic toward the projected traffic signal needs of the City.
Paragraph 10 of the policy states: "The City may require that a developer whose project creates an
immediate need for signalization. . . undertake to install such signalization subject to future
reimbursement from the Traffic Signal Fund. Reimbursement of a developer to the extent that his
construction cost (including design) exceeds his traffic signal charge shall have first call on the Traffic
Signal Fund." There are funds available in the Traffic Signal Fund to reimburse KFC at this time and
doing so is in keeping with this policy.
Council authorized a similar expenditure at its meeting of May 6,1997, for the traffic signal work at
Fourth Avenue and "E" Street. That project is still underway and the street widening work has not been
completed.
KFC has obtained three bids and awarded the construction contract to Oranco Development, Inc., who
bid an estimated $38,200 for the signal work. Adding in a contingency of 10%, brings the total to
approximately $42,000. If Council adopts the subject resolution, the City will reimburse KFC a portion
of the total cost of the signal work after the job is complete and the invoices are reviewed and approved
by staff. Staff will deduct the Traffic Signal Fee of $17,846.40, which was deferred in order to lessen
the financial impact to the developer.
FISCAL IMPACT: Estimated expenditure out of the Traffic Signal Fund is approximately $38,200
minus the $17,846.40 Traffic Signal Fee. This expenditure is approximately $20,353.60. However,
after the widening work is accomplished, the invoices from the developer's contractor will be submitted
to and reviewed by this department. The [mal amount of the reimbursement will be determined by that
reVIew.
Attachment: Council Policy No. 478-01 NOT SCANNED
File No. 7l0-45-PC-1l67
H,\HOME\ENGINEER\AGENDA\KFC.MAAug~t 14, 1997 (',",m)
?---~
RESOLUTION NO. J¿r~~¿?
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING FUNDS FROM THE
TRAFFIC SIGNAL FUND TO REIMBURSE DEVELOPER FOR
COSTS INVOLVED WITH TRAFFIC SIGNAL RELOCATION
AT THE SOUTHEAST CORNER OF THIRD AVENUE AND
PALOMAR STREET
WHEREAS, Kentucky Fried Chicken (KFC), developer of the
property at the southeast corner of Third Avenue and Palomar
Street, plans to build a KFC fast food restaurant; and
WHEREAS, as part of this development, KFC is required to
widen both streets to meet current standards mandated in the City's
'Circulation Element of the General Plan; and
WHEREAS, part of that widening includes the relocation of
the existing traffic signal standard on the corner (the "Traffic
Signal Relocation Project"); and
WHEREAS, staff is requesting that Council authorize staff
to reimburse KFC for the cost of this relocation out of the Traffic
Signal Fund.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby:
(1) Appropriate up to $24,200.00 from the Traffic
Signal Fund to cover the cost of relocating City's
signal standard and appurtenances;
(2) Upon developer's completion of the Traffic Signal
Relocation Project,to the satisfaction of the City
Engineer and city. Engineer's approval of the
amounts expended by' developer in connection
therewith (the "Approved Cost Amount"), authorize
staff to give the developer credit for up to
$17,486.40 of. the Approved Cost Amount against
developer's deferred traffic signal fee of
$17,486.40, and to reimburse the developer for the
remainder of the Approved Cost Amount, not to
exceed a maximum reimbursement of $24,200.
Presented by Approved as to form by
John P. Lippitt, Director of
Public Works
c: Irslsign.1.kfc
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(,
I COUNCIL POLICY
I CITY OF CHUlA VISTA
SUBJECT: PARTICIPATION BY PRJVATE DEVELOPERS IN POLICY EFFECTIVE
THE FINANING AND/OR INSTALLATION OF NUMBER DATE PAGE
TRAFFIC SIGNALS
478-01 08-08-78 1 OF 5
ADOPTED BY: Resolution No. 13857 I DATED: 08-08-78
MODIFIED BY COUNOL ACI10N 02-17-81
~
To establish a policy for participation by private developers for the fmancing and/or installation of traffic
signals on public streets within the City of Chula Vista.
BAO<GROUND
New developments, 'rhether residential, commercial, or industrial, generate additional traffic which results in
increased congestion or safety hazards at various street intersections throughout the City. The installation of
traffic signals is sometimes necessary in order to accommodate the safe and efficient flow of vehicular traffic.
The Ciry has in the past required developers to participate in the cost of signalization which directly impacted
a major individual development. Lesser developments, however, were not required to participate. The system
was inherently inequitable.
This policy provides for proportionate contribution by all private developments generating significant traffic
toward the projected traffic signal needs of the City. It is the intent of the City Council in establishing this
policy that all development, redevelopment, remodeling or other activity which will result in a long-tenn
INCREASE in the number of vehicle trips upon the City's system of streets shall be subject to the traffic signal
charge. That charge shall be based upon the net INCREASE in number of trips generated by any specific site,
and shall NOT include trips generated at such site under previous or cun-ent usage.
STA"ŒMENT OF POUCY
1. All new private residential, commercial or industrial development as described below shall, as a
condition of building pennit issuance (or approval of a rezoning action relative to creation of new
mobile home spaces) pay a traffic signal charge for ADDITIONAL trips generated as authorized by
ordinance of the City Council, and in such amount per additional trip as stipulated by City Council
resolution from time to time. The base charge is initially set at $7.00 per one-way trip per day.
Trips generated by verifiable prior usage shall be excluded in detennining the total charge which
shall be based on ADDITIONAL trips generated at the site under the new use.
2. Remodeling (enlarging, altering, repairing or improving and/or replacement) of existing residential
development is exempt from the traffic signal charge except where and to the extent additional
residential dwelling units are created.
3. Sir~ctural, occupancy, or use modifications to existing commercial or industrial developments which
are projected to increase the average daily traffic generated relative to the total development site by
2% or more shall be subject to payment of the traffic signal charge to the extent of the projected
increase in traffic. Traffic volume detenninations/ptojections for current and future traffic at the
sire shall be made by the City Engineer who shall be required as a condition of approval to any
(j-Lj
COUNCIL POUCY
CITY OF CHUlA VISTA
SUBJECf: PARTIOPATION BY PRlVATE DEVELOPERS IN POUCY EFFECTIVE
THE FINA."ICING AND/OR INSTALLATION OF NUMBER DATE PAGE
TRAFFIC SJGNALS
478-01 08-08-78 2 OF 5
ADOPTED BY: Resolution No. 13857 I DATED: 08-08-78
action formally permitting a structural, or occupancy, or use modification to an existing commercial
or industriaVdevelopment.
4. Notwithstanding any other provisions of this policy, no private development shall pay the traffic
signal charge more than once for a given level of traffic generation." Where ADDITIONAL trips are
generated relative to a previously developed property, the traffic signal charge will be applied only
to the ADDITIONAL units and/or trips generated.
5. Any private development which has been required to install a traffic signal shall get credit for the
cost of that installatioJ¡! in computing traffic signal charges for subsequent development within the
boundaries of that private development.
6. The traffic signal charge shall be based on the vehicular trip generation rate for the applicable land
use category as shown on Table I less credit for any prinr level of traffic generation. Credit applied
shall not exceed the amount due under the new use. Where a specific traffic generation projection
has been prepared by a traffic engineer and approved by the City Engineer for a non-residential
development, that study shall be used in lieu of the standard generation rates shown in Table I. -
Trafijc generation rates for land uses not ,pecifically covered by the Table shall be determined by
the City Engineer.
7. No additional charge will be required of residential developments for on-site recreational or service
facilities (cabanas, clubhouses, swimming pools, meeting rooms, etc.) unless such facilities are open
to the public. Any such public facilities shall pay a charge based on the total acreage of the faciitty
including parking areaS and a vehicular trip rate of 200 per acre.
,
8. For all applicable private development the traffic signal charge shall be computed by multiplying the
new additional vehicle trip generation times the established base charge (in dollars per one-way trip
per day). "
9. The entire City, including subsequent annexations, shall be in the same Benefit Area for Traffic
Signals. All traffic signal charges shall be placed in the Traffic Signal Fund. Use of monies from
such account shall be limited to design, construction inspection and modification of traffic signals
within the Benefit Area for Traffic Signals. Traffic signal construction may include: traffic signal
controller, standards, signal heads, wiring, conduit, power supply, detectors, pedestrian puch
buttons and indicators, painting of street striping, interconnection with signals under master
controller, signal.related street widening and signal-related raised median island construction.
10. The City may require that a developer whose project creates an immediate need for signalization
(per warrant system specified in C.V. Code Section 10.24.070) undenake to install such
signalization subject to future reimbursement from the Traffic Signal Fund. Reimbursement of a
developer to the eXtent that his construction' cost (including design) exceeds his traffic signal charge
shall have flI'St call on the Traffic Signal Fund. No interest shall accumulate on the amount to be
reimbursed. Reimbursement for any given installation shall commence only when and if funds are
-
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I COUNCIL POUCY
CITY 0 F CHULA VISTA
SUBJECf: PAH.TlOPATION BY PRlVATE DEVF.LOPERS IN POUCY EFFECTIVE
THE FIN"""iCING AND/OR INSTALLATION OF NUMBER DATE PAGE
TRAFFIC SIGNALS
478-01 08-08-78 2 OF 5
ADOPTED BY: Resolution No. 13857 I DATED: 08-08-78
action formalJy p~rmining a structural, or occupancy, or use modification to an existing commercial
or industria1/deveJopment.
4. NotWithstanding any other provisions of this policy, no private development shall pay the traffic
signal charge more than once for a given level of traffic generation.. Where ADDITIONAL trips are
generated relative to a previously developed propeny, the traffic signal charge will be applied only
to the ADDITIONAL units and/or trips generated.
5. Any private development which has been required to install a traffic signal shall get credit for the
cost of that installation in computing traffic signal charges for subsequent development within the
boundaries of that private development.
6. The traffic signal charge shall be based on the vehicular trip generation rate for the applicable Jand
use category 2S shown on Table I less credit for any prior level of traffic generation. Credit applied
shaIl not exceed the amount due under the new use. Where a specific traffic generation projecton
has been prepared by a traffic engineer and approved by the City Engineer for a non-residential
development, that study shall be used in lieu of the standard generation rates shown in Table I.
Traffi~ generatinn rates for land uses not ~pecifically covered by the Table shall be determined by
the City Engineer.
7. No additional charge will be required of residential developments for on. site recreational or service
facilities (caban2S, .clubhouses, swimming pools, meeting rooms, etc.) unless such facilities are open
to the public. Any such public facilities shaIl pay a charge based on the total acreage of the faciilty
including parking areas and a ~ehicular trip rate of 200 per acre.
8. For all applicable private development the traffic signal charge shall be computed by multiplying the
new additional vehicle trip generation rimes the established base charge (in doIlars per one-way trip
per day).
9. The entire City, in.cluding subsequent annexations, shall be in the same Benefit A:rea for Traffic
Signals. All traffic signal charges shaIl be placed in the Traffic Signal Fund. Use of monies from
such account shall be limited to design, construction inspection and modification of traffic signals
within the Benefit A:rea for Traffic Signals. Traffic signal construction may include: traffic signal
controIler, standards, signal heads, wiring, conduit, power supply, detectors, pedestrian puch
bunons and indicators, painting of street striping, interconnection with signals under master
controIler, signal-related street widening and signal.related raised median island construction.
10. The City may require that a developer whose project creates an immediate need for signalization
(per warrant system specified in c.V. Code Section 10.24.070) undenake to install such
signalization subject to future reimbursement from the Traffic Signal Fund. Reimbursement of a
developer to the eXtent that his construction cost (including design) exceeds his traffic signal charge
shall have flI'St call on the Traffic Signal Fund. No interest shall accumulate on the amount' to be
reimbursed. Reimbursement for any given installarion shaIl commence only when and if funds are
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F-¿'
COUNCIL POLICY
CITY OF CHULA. VISTA
SUBJEcr: PARTICIPATION BY PRNATE DEVELOPERS IN POLICY EFFECTIVE
THE FINA.NCING AND/OR INSTALLATION OF NUMBER DATE PAGE
TRAFFIC SIGNALS
478-01 08-08- 78 3 OF 5
ADOPTED BY: Resolution No. 13857 I DATED: 08-08-78
available in the Traffic Signal Fund and when all prior-dale reimbursement commitments have
been satisfied in fuJl.
11. The City may advance funds 10 the Traffic Signal Fund or provide funds for traffic signal
installation which funds shall be subject 10 reimbursement in the same manner as provided herein
for a developer.
TABLE I
, VEJ-ilCULAR TRlP GENERATION TABLE (ONE-WAY TRlPS)
LAND USE CATEGORY TRlP GENERATION FACTOR (pER DAY)
Residential
Single famHy detached 12
Multi-family 8
, Mobile home 6
Commercial
Hotel 10 trips per room
Motel 10 trips per room
"Hospital 12 trips per bed or
17 trips per 1,000
sq. ft. of structure
Nursing home 3 trips per bed
General office building 12 trips per 1,000 '-:,
sq. ft. of leasable area
Medical/dental building 7S trips per 1,000
sq. ft. of leasable area
Shopping center -
to 49,999 sq. ft. 11S trips per 1,000
sq. ft. of leasable area
50,000 to 99,999 sq. ft. 80 trips per 1,000
sq. ft. of leasable area
100,00010199,999 sq. ft. 60 trips per 1,000
sq. ft. of leasable area
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COUNCIL POLICY
CITY OF CHULA VISTA
SUBJEcr: PARTICIPATION BY PRlVATE DEVELOPERS IN POLICY EFFECITVE
THE F1NA"iCING A"-iD/OR INSTALLATION OF NUMBER DATE PAGE
TRAFFIC SIGNALS
478-01 08-08- 78 4 OF 5
ADOPTED BY: Resolution No. 13857 I DA1ED: 08-08-78
TABLE I (cnntinued)
LAND USE CATEGORY TRIP GENERATION FACTOR (pER DAY)
200,000 to 499,999 sq. ft. SO trips per 1,000
sq. ft. of leasable area
500,000 to 999,999 sq. ft. 35 trips per 1,000
sq. ft. of leasable area
over 1,000,000 sq. ft. 30 trips per 1,000
sq. ft. of leasable area
:
Bank 175 trips per 1,000
sq. ft. of floor area
Savings $ Loan 75 trips per 1,000
sq. ft
Discount store 65 trips per 1,000
sq. ft. of leaseable area -
Low tUt11."over or "full meal" 55 trips per 1,000
type restaurant sq. ft. of gross floor area
High turn-over or "coffee shop" 165 trips per 1,000
type restaurant sq. ft. of gross floor area
Drive-In restaurant 550 trips per 1,000
sq. ft. of gross floor area
Service Station 750 trips per day
Supermarket 125 trips per 1,000
sq. ft. of gross floor area
Convenience Market (16 hr.) 320 trips per 1,000
sq. ft. of gross floor area ..,
Convenience Market (24 hr.) 575 trips per 1,000
sq. ft. of gross floor area
Industrial
*Industrial 5 trips per 1,000
sq. ft. of gross floor area
-OR-
60 trips per acre of
gross sIte area
*General Light Industrial 5 trips per 1,000
sq. ft. of gross floor area
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f COUNCIL POLICY 11
- -I CITY OF CHULA V1STA
SUBJECT: ?ARTICl?ATJON BY PPJVAE DEVELOPERS IN POLICY EFFECTIVE
TtlE FIN.~SCING A"'D/O?. INSTALLA.TION OF NUMBER DATE PAGE
TRAFFIC SIGNALS
478-01 08-08- 78 4 OF 5
ADOPTED BY: Reso]ution No. 13857 I DATED: 08-08-78
TABLE I (continued)
LÞ.ND USE CATEGORY TRIP GENERATION FACTOR (PER DAY)
200,000 ro 499,999 sq. ft. 50 rrips per 1,000
sq. ft. of leasable area
500,000 ro 999,999 sq. ft. 3S rrips per 1,000
sq. ft. of leasable area
over 1,000,000 sq. fr. 30 rrips per 1,000
sq. ft. of leasable area
Bank 175 rrips per 1,000
sq. ft. of floor area
Savings $ Loan 75 rrips per 1,000
sq. ft
Discounr store 65 rrips per 1,000
sq. ft. of leaseable area -
Low rurri.'over or "full meal" 55 rrips per 1,000
type restaurant sq. ft. of gross floor area
High turn-over or "coffee shop" 165 rrips per 1,000
type restaurant sq. ft. of gross floor area
Drive.ln restaurant 550 rrips per 1,000
sq. ft. of gross floor area
Service StaTIon 750 rrips per day
Supermarket 125 rrips per 1,000
sq. ft. of gross floor area
Convenience Marker (16 hr.) 320 rrips per 1,000
sq. ft. of gross floor area
Convenience Marker (24 hr.) 575 rrips per 1,000
sq. ft. of gross floor area
Indusrrial
*Indusrrial 5 rrips per 1,000
sq. ft. of gross floor area
-OR.
60 rrips per acre of
gross me area
"General Lighr Indusrrial 5 rrips per 1,000
sq. ft. of gross floor area
Yr;
I COUNCil... POLICY I
CITY OF CHUlA VISTA
SUBJEcr: PARTICIPATION BY PRJVATE DEVELOPERS IN POLICY EFFECITVE
THE FINANCING AND/OR INSTALlATION OF NUMBER DATE PAGE
TRAFFIC SIGNALS
478-01 08-08- 78 5 OF 5
ADOP1ED BY: ResoJution No. 13857 I DATED: 08-08-78
TABLE I (connnued)
LAND USE CATEGORY TRJP GENERATION FACTOR (pER DAY)
.OR-
50 trips per acre of
gross SIte area
*Indusnial Pa~k 8 trips per 1,000
sq. ft. of gross floor area
-OR.
70 trips per acre of
gross SIte area
.. *Manufacturing 4 nips per 1,000
sq. ft. of gross floor area
- -OR.
55 nips per acre of
gross S1!e area
*Warehousing 5 nips per 1,000
sq. ft. of gross floor area
-OR. ..,
60 trips per acre of ,
gross sIte area
*NOTE: Where alternative generation factors are provided, that which results in the higher total vehicle trip
generation shall be used in computing the traffic signal fee.
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