HomeMy WebLinkAboutAgenda Packet 1997/08/12
"'I decllll'8 IIndèl' penalty of perjury that I am
employed by the City of Chu:a Vista in the
Office of the City Clerk and t:,at I po sled
T da A t 12 1997 this Agenda/Notice on the Bulletin Board at Council Chambers
6~ p.;';. ugus, the Publ~i~ices Building d at Cit Hall on Public Services Building
DATEDUÎ SIGNED' iI', - (.- ¿J "1:...
Regular Meéting of the Citv of Chula Vista ltv ouncll
REVISED
CALL TO ORDER
1. ROLLCALL: Councilmembers Moot -' Padilla -, Rindone -' Salas -' and
Mayor Horton -'
2. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
3. APPROVAL OF MINUTES: None submitted.
4. SPECIAL ORDERS OF THE DAY:
a. Oath of Office:
Board of Appeals & Advisors - Ed Kaya;
Cultural Arts Commission - Matt A. Flach;
Growth Management Oversight Commission - Rafael L. Munoz;
Librarv Board - Barbara Charett; and
Resource Conservation Commission - Charles Bull.
b. Charles Stoll, from Caltrans, will make a presentation on the Route 125 South Project and
discussion on the preferred alternative recommendation.
CONSENT CALENDAR
(Items 5 through II)
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 8/5/97 in which the City Attorney participated, that there
were no reportable actions which are required under the Brown Act to be reported. It is
recommended that the letter be received and filed.
b. Letter from Ricardo Q. Mendoza requesting financial su~port for the Local International
Boys Youth Baseball Tournament being hosted by the an Diego County Boys Baseball
Organization to be held in San Diego from August II to August 17, 1997. Staff recommends
that the request be denied.
6. ORDINANCE 2711 AMENDING SECTIONS 19.22.170 AND 19.64.180 OF THE MUNICIPAL
CODE RELATING TO REQUIRED SIDEYARD SETBACKS FOR
ADDITIONS TO EXISTING RESIDENCES (second reading and adoption)
The proposal is to ameod Sectioos 19.22.170 and 19.64.180 of the Municipal
Code to allow building additions to adhere to the same setback enjoyed by the
existing house, but no closer than five feet to the side property line with a
minimum teo foot separation from any adjacent residence. Staff recommends
Council place the ordinance 00 secood readiog aod adoption. (Director of
Planning)
"H"~"'~' nm .H.H~'" - "'" a.. ~'u"u wuuuuw ~u..... . won..
Agenda -2- August 12, 1997
7. RESOLUTION 18756 AUTHORIZING THE DIRECTOR OF FINANCE TO INITIATE A
COMPETITIVE PROCESS TO SELECT AN UNDERWRITER(S) TO
MARKET THE BONDS FOR ASSESSMENT DISTRICT 97-2 ON A
NEGOTIATED BASIS - At the request of Village Development, the council
has recently approved the initiation of proceedings uoder the Municipal
Improvement Act of 1913 for the formation of Assessment District 97-2.
Approximately $15 millioo in Assessment District Bonds are proposed to be
issued to provide fuodiog for necessary streets. In order to provide maximum
protection to the City, as well as the potential buyers of the Bonds, it is being
recommended that an underwriter or team of underwriters be selected through
a competitive process so that the bond issue can be structured and priced on a
negotiated basis, as opposed to selling the bonds through a competitive bid
process. Staff recommends approval of the resolution. (Director of Finance)
8. RESOLUTION 18757 APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE
CITY OF SAN DIEGO REGARDING EXPANSION AND
REDESIGNA TION OF THE SOUTH SAN DIEGO RECYCLING
MARKET DEVELOPMENT ZONE TO INCLUDE THE CITY OF CHULA
VISTA; AND DIRECTING STAFF TO PREPARE AN ADDENDUM TO
THE EXISTING SOUTH SAN DIEGO RECYCLING MARKETING
DEVELOPMENT ZONE APPLICATION FOR SUBMISSION TO THE
STATE - California legislation created the Recycling Market Development Zone
program to provide incentives to businesses that use secondary materials from
the waste stream as feedstock for manufacturing and, therefore, to divert solid
waste material from the State's landfills. The proposed MOU, which has been
executed by the City of San Diego, commits San Diego to support the City's
request to redesignate the South San Diego Recycling Marketing Development
Zone to include Chula Vista. Following approval of the MOU, staff will
prepare an application to the State Integrated Waste Management Board. Staff
recommends approval of the resolution. (Director of Conununity Development
and Conservation Coordinator)
9. RESOLUTION 18758 APPROVING AGREEMENT WITH KlNNETIC LABORATORIES,
INCORPORATED FOR NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM (NPDES) DRY WEATHER DISCHARGE FIELD
SCREENING AND ILLEGAL DISCHARGE DETECTION SERVICES - A
requirement of the City's NPDES Pennit is that all agencies annually conduct
dry weather discharge field screening at major outfalls during the dry weather
season in order to detect illegal discharges to the storm water conveyance system
and to identify the sources of said illegal discharges. Staff considered it
necessary to retain an outside consultant. Staff received six proposals and has
determined the firm of Kinnetic Laboratories, Inc. was the most qualified and
submitted the lowest bid. Staff recommends approval of the resolution.
(Director of Public Works)
10. RESOLUTION 18759 APPROVING FOURTH AMENDMENT TO AGREEMENT WITH SAN
DIEGO TRANSIT CORPORATION (SDTC) FOR UNIFIED TELEPHONE
INFORMATION SYSTEM - This agreement continues Chula Vista's
participation in the Regional Transit Information System operated by San Diego
Transit, which provides schedule and trip planning information on all public
transportation systems in the county. Staff recommends approval of the
resolution. (Director of Public Works)
Agenda -3- August 12, 1997
11. RESOLUTION 18746 APPROVING A DETENTION BASIN AND SILTATION AGREEMENT
WITH VILLAGE DEVELOPMENT L.L.C. TO PROVIDE FOR THE
CONSTRUCTION, MAINTENANCE AND OPERATION OF DETENTION
BASINS AND REMOVAL OF SILT FROM SAID BASINS AND
TELEGRAPH CANYON CHANNEL AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT - On 11/19/96, Council approved
Tentative Map Number 96-04 for a portion of Villages One and Five of Otay
Ranch. The Tentative Md'. conditions require that, prior to issuance by the City
of a grading permit, the eveloper shall enter into an agreement with the City
to provide for the construction and maintenance of certain draina~e
improvements. The develdl'uer is currently processing grading ¡;Ians with t e
City and issuance of the gra 109 permit is anticipated shortly. Sta f recommends
approval of the resolution. (Director of Public Works) Continued from the
meeting of 8/5/97,
. . . END OF CONSENT CALENDAR' ..
ORAL COMMUNICATIONS
This is an opportunity ,or the general public to address the City Council on any subject matter within the
Council's~unsdiction t at is not an item on this agenda for public discussion. (State law, however, generally
prohibits t e City Council from taking action on any issues not included on the fosted agenda.) If you wish to
tuldress the Council on such a subject, please com&lete the "Request to Spea Under Oral Communications
Fonn" available in the lobby and submit it to the ity Cler".rf:¡riOr to the meeting. Those who wish to speak,
please give your name and address for record purposes and ollow up action.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as public hearings as rezuired by law. If you wish to
'g.eak to any item, please fill out the "Request to Speak Fonn" available in the obby and submit it to the City
lerk prior to the meeting.
None submitted.
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 Committeeso
None submitted.
ACTIONJTEMS
The items listed in this section of the atenda are expected to elicit substantial discussions and deliberations
~ the Council, staff, or members of t e general public. The items will be considered individually by the
ouncii 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.
12. RESOLUTION 18745 ACCEPTING BIDS, WAIVING MINOR BID IRREGULARITIES AND
AWARDING LANDSCAPE MAINTENANCE CONTRACTS FOR OPEN
SPACE DISTRICTS 11, 14, IS AND 24 TO R C'S LANDSCAPE
MAINTENANCE - Request for bids to provide landsca~e maintenance services
for Open Space Districts 11, 14, 15 and 24 were let on /28/97. These districts
went out to bid because their existing contracts had come to term and expired
6/30/97. The item was continued from the meeting of 6/24/97 for further bid
analysis. In the interim, landscape maintenance has been performed in these
districts via a one month extension of the existing fiscal year 1996/97 contracts.
Staff recommends ê".,proval of the resolution. (Director of Parks, Recreation
and Open Space) ontinued from the meeting of 7/22/97.
Agenda -4- August 12, 1997
13. 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 southeast comer of Third A venue and Palomar
Street, plans to build a KFC fast food restaurant. As part of the development,
KFC is required to widen both streets to meet current standards mandated in the
City's Circulation Element of the General Piano Part of that widening includes
the relocation of the existing traftìc signal standard on the comer. Staff
recommeods approval of the resolution. (Director of Public Works) 4/5th's
vote required.
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City Council will discuss items which have been removed from the Consent Calentlar.
Agentla items pulled at the request of the public will be considered prior to those pulled by Councilmembers.
OTHER BUSINESS
14. CITY MANAGER'S REPORT(S)
a. Scheduling of meetings.
150 MAYOR'S REPORTlS)
a. Ratification of appointment to the Housing Advisory Commission (Ex-Otticio) - Barbara Worth
(to fill vacancy created by Commissioner Maytìeld whose term expires June 30, 1998).
16. COUNCIL COMMENTS
ADJOURNMENT
The meeting will adjourn to (a closed session and thence to) the regular City Council meeting on August 19, 1997
at 6:00 p.m. in the City Council Chambers.
... d-- IInder penalty of perjury that I am
employed by the City of Chula Vista in the
()ffIce 01 the City Clerk and that I posted
thi* Agenda/Notice on the Bulletin B~rd at .
Tuesday, August 12, 1997 the Public erv' es Building S~Clty Hall on . CouncIl Chambers
6:00 p.m. DATED. SIGNED ~t;[¡C ServICes BuIldIng
(immediately following the City Council Mee I g
Citv of Chula Vista Citv Council
CLOSED SESSION AGENDA
Effective April 1, 1994, there have been new amendments to the Brown Act. Unless the City Attorney, the City
Manager or the City Council states otherwise at this time, the Council will discuss and deliberate on the following
items of business which are pennitted by law to be the subject of a closed session discussion, and which the
Council is advised should be discussed in closed session to best protect the interests of the City. The Council is
required by law to return to open session, issue any reports of iŸ11!l action taken in closed session, and the votes
taken. However, due to the typical length of time taken up by closed sessions, the videotaping will be tenninated
at this point in order to save costs so that the Council's return from closed session, reports of iŸ11!l action taken,
and adjournment will not be videotaped. Nevertheless, the report of final action taken will be recorded in the
minutes which will be available in the City Clerk's Office.
1. CONFERENCE WITH LEGAL COUNSEL REGARDING:
1. Existing litigation pursuant to Government Code Section 54956.9
. California ex reI. siull v. Bank of America.
. Jones Intercable v. City of Chula Vista.
. USA v. the City of San Diego.
. Rider v. the City of San Diego.
2. Anticipated litigation pursuant to Government Code Section 54956.9
. Communication from George Ranis, Attorney at Law, of August 1, 1997.
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6
. Agency negotiator: John Goss or designee for CVEA, WCE, POA, IAFF, Executive
Management, Mid-Management, and Unrepresented.
Employee organization: Chula Vista Employees Association (CVEA) and Western Council of
Engineers (WCE) , Police Officers Association (POA) and International Association of Fire
Fighters (IAFF).
Unrepresented employee: Executive Management, Mid-Management, and Unrepresented.
2. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
~/;Y;;r~-r<--r , c. (
.... ,I
.
I
August 5, 1997
.
TO: The Honorable Mayor and city council
FROM: John D. Goss, city Manager6~l:,
kDJ J
SUBJECT: city Council Meeting of August 12, 1997
.
'This will transmit the agenda and related materials for the regular
City council meeting of Tuesday. August 12, 1997. Comments
regarding the written communications are as follows:
5a. 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 8/5/97 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 San Diego county Boys Baseball
organization for sponsorship funds for a baseball tournament.
The funds would be used toward housing and food costs for the
visiting coaches, as well as transportation costs for the
teams, umpire services,_equipment and uniforms. This request
does not meet the criteria, for funding organizations
established in Council Policy 159-02, which was adopted in
1994 (attached), as there is no "tangible benefit to the
city". IT IS THEREFORE RECOMMENDED THAT THE REQUEST BE
DENIED. Since adoption of this policy, requests from the
Sweet Revenge Softball Team and the AYSO All Star Team to
attend tournaments have been denied.
JDG:mab
STATE OF CALIFORNIA - BUSINESS, TRANSPORTATION AND HOUSING AGENCY PETE WILSON, Govemor
DEPARTMENT OF TRANSPORTATION
DISTRICT 11, P.O. BOX 85406, SAN DIEGO, CA 92186-5406
FACT SHEET
ROUTE 125 SOUTH
(FROM ROUTE 905 TO ROUTE 54)
August 1997
OVERALL GOALS
. Complete a missjng gap in the San Diego highway network
. Reduce out-of-djrectjon travel
. Increase north/south capacity for future travel between the United States and
Mexico via the International Port of Entry at Otay Mesa
. Alleviate congestion on Interstates 5 and 805 and the local street system
. Serve existjng and future planned and approved development in the South bay and
Otay Mesa
THE PROJECT
The project consists of constructing about 11 miles of new highway alignment from Route
905 near the Internatjonal Border to Route 54 near the Sweetwater Reservoir. The project
calls for the ultjmate construction of an eight-lane highway plus possible future construction
of carpool lanes and/or transjt facilitjes in the median.
BACKGROUND
Route 125 has been part of the state freeway/expressway system since 1959. The
Caljfornja Transportatjon Commission (CTC) adopted all of the Route 125 segment
locatjons in the early 1960's. The route adoptjon for the southern portion of Route 125 was
rescinded by the CTC in 1976 because there was no funding and maintainjng a route in an
undeveloped area was considered prematureo However, in 1984, the San Djego
Association of Governments (SANDAG) added Route 125 South to the Regional
Transportation Plan (RTP) as part of San Diego County's future freeway system. The RTP
establishes the San Diego regjon's 20-year transportation plan based on population and
employment projections.
Formal aljgnment studies were restarted in the late 1980's. A Public Advisory Committee
was established to gather input from interested citizenso The community group eventually
evolved into the Citizens Advisory Committee (CAC), which is composed of several
representatives of local community planning groups and local agencies. Several alignment
alternatives and design concepts were proposed by community representatives and are
proposed to be jncorporated into the project design.
ALTERNATIVES
In 1993. seventeen conceptual alignments were evaluated through a detailed screening
process which culminated in an Alternatjves Report. The report included preliminary
environmental technical studies on each alignment and a public review period for the
document. It recommended that nine alternative segments be carrjed forward for full
consideration in the Environmental Impact Report/Statement (EIR/S). An alignment
variation suggested by the CAC was added for full studies in the environmental document.
The Draft EIRIS was approved and distributed to the public for review in the summer of
1996. After consjdering extensive input received on the document and coordination with
several public agencies and land use authorities. a recommendation was recently made
regardjng the alignment alternatjves (see attached map). Currently, specific mitigation
proposals for the preferred alignment are being developed. Caltrans wjll continue to work
wjth impacted communities and local and regulatory agencjes throughout the process. The
results of these efforts will be included in the Final EIS, whjch should be completed later
this year.
TRAFFIC
It is estimated in the future. once all the planned land development takes place, that
approximately 200,000 vehicles per day will ultjmately travel thjs sectjon of Route 125 in the
Southbay. However, initial construction of four lanes (two lanes each direction) is expected
to accommodate predjcted traffic volumes in the early years of operation. Additional lanes
will be added over tjme as traffic warrants.
TOLLWAY/FUNDING
On January 6, 1991. a franchise agreement was sjgned wjth California Transportatjon
Ventures (CTV), a prjvate consortium, to develop Route 125 between Route 905 and San
Mjguel Road as a tollway. The portion of the project south of San Miguel Road is proposed
to be constructed as a toll road funded through prjvate financing by CTV in order to begin
operation in 2000. Construction of the section of Route 125 between San Miguel Road and
Route 54 in Bonita is funded by the San Diego Associatjon of Governments (SANDAG)
with public fundso Through coordinatjon among Caltrans, SANDAG, and CTV,
arrangements have been made to allow construction and completion of both segments by
CTV to facilitate efficient development. The consortjum will fund the franchised project,
whjch has a construction cost in excess of $250 million, dependjng on the final alignment
and interchange requirements of the highway. However, if the Freeway instead of Tollway
alternative were chosen. the portion south of San Miguel Road would remain unfunded and
the project would not likely be constructed in the foreseeable future.
INTERCHANGES
Injtially. Route 125 will be constructed wjth interchanges at Otay Mesa Road/Route 905,
Orange Avenue, Otay LakesfTelegraph Canyon Road, East H Street, Mt. Miguel Road, and
Route 54. Other interchanges are likely to be constructed after future development occurso
.,------.- --...---.--...
i
It-'
,a¡
.~
I"
I
I
I
I d
. a:
, ~
* ~
...,# ~
......"
~ -
- .. ~
\
I
I
-
SIEMPREVIVARD. ..-.." -.....-..-.."....-
1111111111 ALTERNATIVEAUGNMENTSNO U 5 A.....~....
>, LONGER UNDER CONSIDERATION.. .-." ......... '~~;';èö'.' . ABELARDO L. RODRIGUEZ
'" - - - - FUTURE ROADS íi'/Jc£!@!i1fJ[JÆ. AIRPORT
"i1 .......... FUTURE HIGHWAYS JUNE "'7
"illi
I PREFERRED ALTERNATIVE ALIGNMENT r-.....
8I;lillHIIDÆ__nLLJIIi[ Æ.] !IIUII.
lbItmïií
.
!!'!î1,
f
-
- .
§ STATE ROUTE 125 SOUTH PREFERRED ALTERNATIVE
\I.\II.IWIH 12;.\11 I
( I I
0
~ ~
~ ".
~ \
~ ~ \
'~ . °lo.
" €I ~;>.:.'
',.- .tf. err;%) :~i'¿
" ;7 -m:<m ,~: , '
. , - ~ ~;:! 5 ,s:: ~ '
.. ~ ~ Ocmn , "
~ .' " 2m Þ , . ,
'/ e ñ1 ': ": . .
'0 '. ,- 0°. ' J . .' .
.. ),. ""." ".
.' , , o. " ,
' , . " '-\.'
( .. . u' . ,
' , .. Q ,
. " . u' .. ,
, n ; ~.. ' (.)
" ~'. '6 .
" .' .~
' 060 Þ Z
' 0 , n m
'. "0 0' "
n . ... m " ..
V . ".þ ..
' 0;- o. ., ~ ". -
" ""0, . . ^
0 ". 'oo:!,. 0
' " .
"'", ,-- .'
x-.
0 "X '.1'&0.
. "0 .
' ,. . -en." ';0.0 ,
~ ~, ~5 ~O'O
0 ,~ '0
J> .
. O~. g~ . ,',
. m (/)
(/)-1
^ Of (/)z n
u '0
0 . 0
~ ;
"
,
()
\ 0
.\.. . '0 .
'. () .~
. . ,
\ ..' ~. '..
I . ~ ..
" ~ n"
, ." ,
.
" '
.
. !:;'"
, ?
, ¿;
,
~ ,
,
,
0 ,
,
, ~
,
,
(I .
- '. F'"
,~ ."
,
.
, II
,.
' ","
."
""
, "
., " , .
~ ~~
" lJ? '.
' XC)
" '" .
' C) ~
,"
."
00
"'" .
~u~
~,~-;
~~
OlY Of
CHUA VISTA
OFFICE OF THE CITY ATTORNEY
Date: August 6, 1997
To: The Honorable Mayor and city counc~/¿~
From: J~ M. K~eny, City Mt=e~
Re: Report Regarding Actions Tak in Closed Session
for the Meeting of 8/5/97
The City council met in Closed session to discuss 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:I!tlclossess.no
~-/
276 FOURTH AVENUE. CHULA VISTA. CALIFORNIA 91910 . (619) 691-5037 . FAX (619) 585-5612
'/'.&"""'"""'_....
-----------.-----------
21 July, 1997
From: Ricardo Qo Mendoza 1m, [, @[, H [~I~
640 Indigo Canyon Rd. Telephone: Horne: 421-8725
Chula Vista CA 91911 Work: 545-3777 ,~: ~R 25 . I:
L. '-' , , - , I.J I
L__- . -l I
To: Mayor an Council of Chula Vista er:" r I' f¡ ,-,"'s
276 Fourth Avenue e::d::~j.i.CÀ I
Chula Vista CA 91910
Subj: Request for Sponsorship Funds for Local International Youth Baseball Tournament
The San Diego County Boys Baseball Organization is hosting an international Boys
Youth Baseball tournament. The Organization has assembled a team of some of the best
14 and 15 year old baseball players from San Diego County to represent the local baseball
leagues in competition with teams which will be corning to San Diego to compete in the
baseball tournament which will take place from 11-17 August 1997. The teams that will
be playing in the tournament will be: Our team from San Diego, Hawaii, Fresno, Korea,
Japan, Mexico (Red Team), Mexico(Green Team), and BraziL
The way the tournament is organized is such that the teams traveling to San Diego will
cover their own costs of transportation. The local organization which is hosting the
tournament, however, is responsible for housing and feeding the playerso Although it is
expected that some of the visiting players will stay in homes of the sponsoring teams or in
local low-cost housing, housing and food costs for the visiting coaches as well as
transportation costs for the teams and costs for umpire services, baseballs, equipment and
local team unifonn costs must be taken care of by the organizationo
There are approximately 18 San Diego County boys comprising this team and it is
expected that a total of approximately $600 per player will cover the above mentioned
costs. Chula Vista is lucky enough to have 7 players in the team. Their Names are:
Kiki Sanchez
Robert Carrillo
Freddy Gallegos
Adrian Gonzalez
Nathan Rico
Daniel Miranda
Ricky Mendoza
We respectfully and humbly request a donation be provided by the city of Chula Vista to
tit fu, "8Mi,.ioo ror <h, p",pŒ~ ,r 'P'OW"O," p,rtioo ,r¡1re 'O",. Tire =00"" ],"
¿: ~("')
0 0 , WltnIN COMMUN~p~S
~~ s2-j SíJ. 9?
ij~
open for you to decide but I would like to suggest a $100 donation for each of the 7 boys
for a total of $700. This amount of money would go a long ways to help us and would be
greatly appreciated. However, any size donation would be greatly appreciated. We
profoundly wish you can be able 10 help our own boys to ensure a successful tournament
which our international visitors will appreciateo We would also appreciate very much if
the Mayor or Council members themselves might be able to afford some sponsorship
money, every little bit helpso
If you decide to assist our effort we would like a check be made payable to:
San Diego County Boys Baseball
and call me for pick up or mail it to my address listed above.
The following is some infonnation on the organization:
San Diego County Boys Baseball
Tax J.D.: 33-0303318
243 E. 20th St.
National City CA 91950
Tel: 267-5974/FAX 267-9800
Thank You Very Much
c.C ~ijY Ceurc&- ~ ~
Ricardo Mendoza
.sb -2,
~
~
ORDINANCE NO.~ ~
#
AN ORDINANCE OF THE CITY OF CHULA ~TA
AMENDING SECTIONS 19.22.170 AND 19.6~0 OF
THE MUNICIPAL CODE RELATING TO QUI RED
SIDEYARD SETBACKS FOR ADDITIONS T~EXISTING
RESIDENCES ~
WHEREAS, the City has initiated a request to amend the
Municipal Code to allow additions to existing residential units on
lots 60 feet or wider measured at front setback line to be built
along the same plane of the existing residence even if not meeting
the current sideyard setbacks, and
.
WHEREAs, allowing the proposed additions along the same
'plane as the existing house will not affect the intent of the
current sideyard setbacks to allow for access to the rear of the
housing since such access would have already been precluded by the
location of the existing residence, and
WHEREAS, these provisions shall not apply to residential
lots which are less than 60 feet wide at the front yard setback
line, and
WHEREAS, on June 11, 1997, the City Planning Commission
voted 6-0-1 to reco11Ul\end that the City Council approve the
Ordinance in accordance with Resolution PCA 97-03; and
WHEREAS, the city Clerk set the time and place for a
hearing on said Municipal Code amendment application and notice of
said hearing, together with its purpose, was given by its
publication ina newspaper of general circulation i~ the city and
its mailing to property owners wi'thin 500 feet of' the exterior
boundaries of the property at least ten days prior to the hearing;
and
WHEREAS, the hearing was held at the time and place as
advertised, namely August 5, 1997 at 7: 00 p. m. in the Council
Chambers, 276 Fourth Avenue, before the city Council and said
hearing was thereafter closed.
,'The City Council of the city of Chula Vista does ordain
as follows:
SECTION I: That section 19.22.170 of the Chula vista
Municipal Code is hereby amended to read as follows:
19.22.170 Building Additions and Remodeling.
lI.FlY re!!leàeliFl~ er addi tieFiG te e)¡ÌGtiFl~ à'..'elliFl~G, \;fiicB \;BCFI
aààeà te the eri~iFlal l3uilàiFl~ Gq\larc feetû~c equalG so.<¡¡ er ~rcatcr
thaFi the ori~iFlal Building p>ermit ûlle'.:cà, Ghall require the
Builàing te comp>ly ',:i th current Z6RiRg 6ràiFlance !3tûRdarà3.
b-/ INFORMATION PACKET
SCANNED AT FIRST READING
OF THIS ORDINANCE ON:8/ðS/Q,
~:::::~: ~::~~i:~ ~~t~~:J~ 7~~l1àanb Gflall, flD;;c"'~r, ~~~¡~ o:;~ ~~
~~~ :::i ;~:~~ ~; :l~~ c.:~i?'::~~I'\~ à;;elll.Bg. on~~~~~ ~~~~~l~i ~;u~~~
:~::a~~ :~a~ be dctcrmlReà S) SUDffilttal af àl -_.5_- ~8:; :;:
~i~: i;;:I1~ lYl :.hc:, ,:p~:~e~~t '. ',:'hieJ; are sul3j eet to ;;';i;;
g~~ec~a~ af Plùn~ll1q fer Ycrlfleatl8I'\.
ß..:.. Additions. qreater than 50%. If an addition to a leqal
existinq dwellinq unit constitutes an increases of 50% or more
of the floor area of the oriqinal buildinq's square footaqe.
the existinq buildinq. includinq the addition. shall com~ly
with current zoninq ordinance standards. except for the
current buildinq setback standards which would only apply to
the addition.
.!L. Additions. less than 50%. If an addition to a leqal existinq
dwellin u it constitutes less than 50% of the floor area of
the oriqinal buildinq's square footaqe. the existinq building
may be expanded or altered alonq the existinq horizontal
sidevard buildinq plane provided all of the followinq criteria
are met:
h The proposed addition is located on a lot that is 60 feet
wide or qreater at the front setback line; and
.£...... The proposed addition maintains a minimum five foot
setback from the side property line; and
h There is a minimum 10 foot separation between the
horizontal buildinq plane of the existinq dwellinq unit
and the addition and the horizontal buildinq plane of an
existinq residence on an adiacent lot; and
.1...:.. There is a minimum 6 foot separation between the edqe of
the proposed addition and,any accessory buildinq on-site
or on an adiacent property.
L. Verification Square Footaqe. For purposes of Section
19.22.170. the oriqinal dwellinq unit's square footaqe shall
be determined bv a dimensioned floor and site plan submitted
by the applicant to the Director of Planninq for review.and
verification.
SECTrON II: That Section 19.64.180 of the Chula Vista
Municipal Code is hereby amended to read as follows:
19.64.180 Uses not conforming to setback or height requirements-
Alteration or enlargement permitted when.
Any structure that is nonconforming because of setback or
height requirements may be altered and/or enlarged by approval of
the zoning administrator on the basis that such alteration and/or
enlargement shall conform to the regulation herein except as
provided for in Section 19.22.170.
~ b~~
SECTION III: This ordinance shall take effect and be in full .-
force and effect on the thirtieth day from and after its second
reading and adoption.
Presented by Approved as to form by
cL-. Î1W1 r- ~
Robert A. Leiter, Director of John M. Kaheny, c~ty Attorney
Planning
C:\or\1922170
,
,
,
--,.
~¿{-3
COUNCIL AGENDA STATEMENT
Item 7
Meeting Date AuQust 12. 1997
/ JY?"ß
ITEM TITLE: Resolution Authorizing the Director of Finance to Initiate a
Competitive Process to Select an Underwriter(s) to Market the
Bonds for Assessment District 97-2 on a Negotiated Basis
SUBMITTED BY: Director of Financeff
REVIEWED BY: City Manage~~b (4/5ths Vote: Yes _NoX-)
~
SUMMARY:
At the request of Village Development. the council has recently approved the initiation
of proceedings under the Municipal Improvement Act of 1913 for the formation of
Assessment District 97-2. Approximately $15 million in Assessment District Bonds
are proposed to be issued to provide funding for necessary streets. In order to provide
maximum protection to the City as well as the potential buyers of the Bonds. it is
being recommended that an underwriter or team of underwriters be selected through
a competjtive process so that the bond issue can be structured and priced on a
negotiated basis. as opposed to selling the bonds through a competitive bid process.
RECOMMENDATION:
That council adopt the resolution authorjzing the Director of Finance to conduct a
competitive process for selection of an underwriter subject to approval by the Council
for the proposed sale of bonds related to Assessment District 97-2.
DISCUSSION:
On May 20. 1997, in response to a request from Village Development for expedjted
treatment, Councjl waived the competitive selection process and appointed the
Assessment Engineer, Bond Counsel, and Financial Consultant for proposed
Assessment District 97-2 (Resolution #18674 attached). On June 17, 1997, Council
adopted Resolutions 18679-82 making further required findings regarding the
proposed District and approving the reimbursement agreement with the developer.
For a typical Assessment District transaction, the Financial Advisor and Bond Counsel
would work with staff to structure the bond issue, develop necessary disclosure
information regarding the developer, the project, the City, etc.. and competitively bid
out the sale of the Bonds to the underwriting community. The winning bid is
obviously the lowest bid received whjch is driven by the market conditions at the time.
7-/
Page 2. Item ?
Meeting Date 8/12/97
In discussing the process relative to this issue with the contract financial advisor,
Kadie-Jensen, Johnson & Bodnar, staff has been advised that due to the relationship
of Village Development to Baldwin Builders and their recent bankruptcy proceedings,
the disclosure requirements on this issue will be significantly more complex than
normal, and therefore, it is highly advisable to select an underwriter very early in the
process in order to include them as a team member and allow them to get comfortable
with the risk exposures unique to this transaction. This, in turn, should result in more
favorably priced bonds benefitting future homeowners and a more tightly structured
offering protecting the City from developer failure. Although not competitively bid,
the price of the bonds (interest rate) will be the subject of arm's length negotiations
between the underwriter and City staff assisted by the financial advisor, all based
upon market conditions at that time. If staff and the financial advisor are diligent in
these negotiations, the price should not vary significantly, but should actually be lower
than that obtained through a completely competitive process. The price advantage
is gained by selling to an underwriter who is very familiar and comfortable with the
jntricacies of the specific transaction.
Although not the normally recommended procedure, the City has successfully
employed this practice for other Assessment Districts with inherent complications,
such as Las Flores, the Autopark, and Otay Valley Road. It was also utilized for the
refinancing of five Assessment Districts accomplished during fiscal year 1995-96.
FISCAL IMPACT:
The fiscal impact of approving the recommendation is not quantifiable, but this action
should have the impact of providing savings to the future homeowners within the
proposed District by enabling the debt to be priced as cheaply as possible. The fee
paid to the underwriter(s) (referred to as discount) will be part of the competitive
selection process, but will be limited to two percent of the par value of the bond issue,
which is comparable to other recent assessment district issues of the City. For
example, if the par value of the issue is determined to be $15 million, the maximum
underwriter discount would be two percent of $15 million or $300,000. This fee
would not likely vary from the fee involved in a purely competitive bid marketing
process.
7-.2
RESOLUTION NO. JJY/?~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE DIRECTOR OF
FINANCE TO INITIATE A COMPETITIVE PROCESS TO
SELECT AN UNDERWRITER(S) TO MARKET THE BONDS
FOR ASSESSMENT DISTRICT 97-2 ON A NEGOTIATED
BASIS
WHEREAS, at the request of Village Development, the City
Council has recently approved the initiation of proceedings under
the Municipal Improvement Act of 1913 for the formation of
Assessment District 97-2; and
WHEREAS, approximately $15 million in Assessment District
Bonds are proposed to be issued to provide funding for necessary
streets; and
WHEREAS, in order to provide maximum protection to the
City as well as the potential buyers of the Bonds, it is being
recommended that an underwriter or team of underwriters be selected
through a competitive process so that the bond issue can be
structured and priced on a negotiated basis, as opposed to selling
the bonds through a competitive bid process.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby authorize the Director of Finance
to initiate a competitive process to select an underwriter(s) to
market the bonds for Assessment District 97-2 on a negotiated
basis.
Presented by Approved as to form by
~~~
Robert Powell, Director of John M. Kaheny, City Attorney
Finance
C:\rs\A097.2.uw
1-3
RESOLUTION NO.1 8674
-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING A REIMBURSEMENT AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND VILLAGE DEVELOPMENT,
L.L.C. FOR ALL INITIAL CONSULTING AND ADMINISTRATIVE
COST AND EXPENSES ASSOCIATED WITH FORMING A PUBLIC
FINANCING DISTRICT FOR CERTAIN IMPROVEMENTS SERVING
THE OTAY RANCH VILLAGE ONE, WAIVING CONSULTANT
SELECTION PROCESS AND GUIDELINES, AND APPROVING
AGREEMENTS WITH BERRYMAN & HENIGAR; BROWN DIVEN
& HENTSCHKE; AND KADIE-JENSEN, JOHNSON & BODNAR
FOR SERVICES ASSOCIATED WITH SAID DISTRICT AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS
WHEREAS, pursuant to the"Municjpallmprovement Act of 1913", Village Development
has requested the City to initiate proceedings to form an assessment district for the
acquisition or construction of public facilities associated with Village One of the Otay Ranch;
and
WHEREAS, Village Development has also signed an agreement providing for the
advance of funds to pay for all initial consulting, City administration, and appraisal expenses
-- related to the formation of said district, subject to reimbursement from bond proceeds; and
WHEREAS, on April 9, 1997, Village Development'submitted'â letter to the City
requesting expedition of the proceedings in order to have the Resolution of Intention approved
by the Council as soon as possible; and
WHEREAS, the developer is requesting that the City waive the formal consultant
selection procedure and proceeding to hire t~e following "assessmentteam" to jmplement the
district formation proceedings in accordance with the Municipal Improvement Act of 1913 and
the Bond Act of 1915: .
City of Chula Vista Project Manager
Berryman & Henigar Assessment Engineer
Brown, Diven & Hentschke Bond Counsel
Kadie-Jensen, Johnson & Bodnar Financial Consultant
- ,.
WHEREAS, staff has reviewed said request and considers that the immediate retention
of these consultants is essential to successfully forming the district if the time constraints
expressed by the developer are to be met; and
WHEREAS, Municipal Code Section 2.56.070 authorizes the City Council to waive the
normal consultant retention process when such process is impractical and the developer has
requested that based on the time constraints imposed on the developer that the Council waive
the selection process; and
WHEREAS, to the extent that waiving the process could result in the remote possibility
of a legal challenge, the City Attorney has suggested that as a condition of waiving the
selection process that the developer agree to indemnify the City for its action.
?-j
---- - -
Resolution 18674
Page 2
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does
hereby approve a Reimbursement Agreement betwee.n the City of Chula Vista and Village
Development, L.LoC. for all initial consulting and administrative cost and expenses associated
wjth forming a publjc _financing djstrict for certain improvements serving the Otay Ranch
Village One, waivjng consultant selection process and guidelines, and approvjng agreements
with Berryman & Henigar; Brown Diven & Hentschke; and Kadie-Jensen, Johnson & Bodnar
for services associated with said district. Said agreements to be placed on file in the City
Clerk's Office to be known as Document Nos. as follows:
Reimbursement Agreement C097-054
Berryman & Henigar C097-055
Brown Diven & Hentschke C097-056
Kadje-Jensen, Johnson & Bodnar C097-057
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute said
agreements on béhalf of the City of Chula Vista.
Presented by Approved as to form by
~~;dw ß?Z¥'V -
') y-,)oh 'Lippitt
) Public Works Director
.
7--5"
Resolution 18674
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, thjs 20th day of May, 1997, by the following vote:
AYES: Councilmembers: Moot, Rindone, Salas, and Horton
NA YES: Councilmembers: None
ABSENT: Councilmembers: Padilla
ABSTAIN: Councilmembers: None
d~:~aYor
ATTEST:
~~ Aqh'~ --, ._-
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss,
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that
the foregojng Resolution No. 18674 was duly passed, approved, and adopted by the Cjty
Council at a regular meeting of the Chula Vista City Council held on the 20th day of May,
1997.
Executed this 20th day of May, 1997.
~!J Aæ/f:1,1J
?-¡j
COUNCIL AGENDA STATEMENT
Item ?'
Meeting Date 08/12/97
ITEM TITLE: RESOLUTION / Y'7Ç? APPROVING A MEMORANDUM OF
UNDERSTANDING WITH THE CITY OF SAN DIEGO REGARDING EXPANSION AND
REDESIGNATION OF THE SOUTH SAN DIEGO RECYCLING MARKET DEVELOPMENT
ZONE TO INCLUDE THE CITY OF CHUlA VISTA; AND DIRECTING STAFF TO
PREPARE AN ADDENDUM TO THE EXISTING SOUTH SAN DIEGO RECYCLING
MARKETING DEVElOPMENT ZONE (SSDRMDZ) APPLICATION FOR SUBMISSION
TO THE STATE
SUBMITTED BY: Community Development Director a,
Conservation Coordjnator ~
REVIEWED BY: Cjty ManagerGf;~ (4/liths Vote: Yes- No-..J
BACKGROUND: :ç..J"
California legislation created the Recycling Market Development Zone (RMDZ) program to provide incentives
to businesses that use secondary materials from the waste stream as feedstock for manufacturing, and
therefore to divert soljd waste material from the State's landfills. The benefits to the City of being included
in the RMDZ jnclude promotional advantages related to recruitjng targeted firms, the abjlity to offer
qualifying busjnesses State RMDZ loans, SDG&E utility discounts, and access to a support network of State
Integrated Waste Management Board (lWMB) staff and statewide local RMOZ staff and businesses. Forty
(40) Zones have been designated throughout the State; no more new "slots" are avajlable (see map
attachment A). However, the legislation allows exjsting Zones to be expanded upon unanimous consent by
the Zone's partners. San Diego County has two Zones, including the South San Diego RMOZ (SSDRMDZ)
adjacent to the border whjch js sponsored by the City of San Djego and the County (see maps, attachment
B). The proposed MOU, which has been executed by the City of San Djego, commits San Diego to support
our request to the State to redesignate the SSDRMDZ to include Chula Vjsta. County staff have also
indicated their support. Following Council approval of the MOU, staff will prepare an applicatjon to the
State IWMB.
RECOMMENDATION: That Council approve the Memorandum of Understandjng with the Cjty of San
Diego regarding Expansion and Redesignation of the South San Diego Recycling Market Development Zone
to include the City of Chula Vjsta, and direct staff to prepare an Addendum to the existjng South San Djego
RMDZ (SSDRMDZ) appljcatjon for submission to the State.
BOARDSICOMMISSIONS RECOMMENDATION: The proposed RMDZ expansion has been discussed
with the EDC which encouraged staff to pursue desjgnation. No offjcial vote was taken.
8"-/
Page 2, Item -
Meeting Date 08112/97
DISCUSSION:
I. WHAT ARE THE BENEFITS OF BEING DESIGNATED AS AN RMDZ?
A. Busjness Benefjts
Many lenders hesjtate to fund recycling-based manufacturjng because they are unfamjliar with
recycling technologies. Under the RMDZ program, qualifying companies can apply for below market,
fixed rate and long term loans for up to 50% of the project's cost, not.to-exceed $1 million. loan
proceeds can be used for workjng capital, real property and equipment and refinancjng of current
debt acqujsition (loans must be fully collateralized). Qualjfying companies include those which
produce a recycled-content, value.added product, or otherwise jncrease demand for materials that
are normally djsposed of in a sanitary landfill. A1! companies requiring sjgnificant new power supply
and creating new jobs wjthin an RMDZ are also eljgible to receive discounts on utility rates.
Specifically, existing businesses that expand and add an additional 500kw jn electrjcal demand, as
well as new busjnesses with a minjmum of 500kw in demand, are eligible for 15, 10 and 5%
discounts over the first three years respectively. Cjty RMDZ staff will assist recycling.based
companjes with site selection, fjnancjng, job trainjng referrals, market development, and identification
of recycled feedstock sources. Staff wjll also advise existjng busjnesses of the opportunjty to
access RMDZ benefits by transitjoning to the use of post consumer materjals.
B. City Benefits
The City can add this program to our portfolio of incentives which we can use to market the City
to targeted businesses both recycling and non-recycling. The RMDZ will also complement City/BECA
efforts to assjst envjronmental businesses in terms of offering information on sources of secondary
materials, technical processes, labs that provide specialized product qualjty testing, etc.
II. HOW IS THE SOUTH SAN DIEGO RMDZ ADMINISTERED?
The State RMDZ program js admjnistered by the Integrated Waste Management Board (lWMB). The local
SSDRMDZ is administered by the Cjty of San Diego Environmental Services Department. San Diego is
responsible for submjttjng annual reports to the State Integrated Waste Management Board and for reviewing
and submitting all loan applications generated by Chula Vista or other Zone partners. The proposed MOU
provides for San Diego and Chula Vjsta to each have an RMDZ Coordinator to oversee RMDZ services. The
Community Development Department's Economic Development staff will act as the RMDZ Coordinator wjth
assistance from the City's Conservatjon Coordinator, Envjronmental Resources Manager and BECA staff.
III. OBLIGATIONS UNDER MOU
A. Chula Vjsta
The MOU requires the City to: 1) prepare the RMDZ application and related environmental review
and to assume all costs related thereto; 2) produce an updated RMDZ brochure reflectjng Chula
Vjsta's membershjp in the Zone and recommend to Council each year that a mjnimum of $3,000 be
'ir~.:z
Page 3. Item -
Meeting Date 08/12191
appropriated for promoting the Zone ($3,000 currently budgeted in Economic Development for an
RMDZ brochure); 3) provjde assistance to RMDZ businesses vja the Community Development
Department, BECA, the Cjty's Conservation Coordjnator and Envjronmental Resources Manager; 4)
submit an annual report to the SSDRMDZ Admjnistrator; 5) meet quarterly with RMDZ members to
coordjnate services and marketjng efforts, and leverage resources; and 6) promote the RMDZ loan
program to Chula Vjsta businesses and submit loan applications to the Zone Administrator. Chula
Vista may terminate its membership jn the SSDRMDZ with 60 days notice.
B. San Diego
The MOU requires San Diego to: 1) support Chula Vjsta's application and forward to the State
within 45 days of our submission; 2) administer the Zone and submjt SSDRMDZ annual reports to
the State; 3) partner wjth BECA, includjng the participation of the SD Environmental Services
Djrector, or designee, on the BECA Board; 4) meet quarterly with Chula Vjsta and BECA to
coordjnate services and marketing efforts, and to leverage resources; and 5) complete review of
Chula Vjsta loan appljcatjons wjthin 20 working days.
V. HOW IS THE RMDZ MARKETED?
The MOU provides for San Diego, the County and Chula Vista to cooperate in the desjgn and distribution
of RMDZ promotional materjals. Chula Vista's application to the IWMB will lay out a Marketing Plan. It
is envisioned to jnclude the publication of brochures, exhibits at general business and recycling industry trade
shows, and inclusjon of the RMDZ in City Economjc Development and Envjronmental Management
promotjonal materials as they are updated and/or reprinted.
VI. WHAT ARE THE NEXT STEPS?
Upon approval by Councjl of the MOU, staff will prepare an addendum to the existjng City of San Diego
application to the State, accompanied by resolutions of support from the Cjty of San Diego, the County and
Chula Vista. The addendum will need to include: descriptjon of the "annexed terrjtory" (the entire City);
list of existing Chula Vista recycling businesses; identification of available industrial sites and buildings;
Marketing Plan; budget and staffing plan; and environmental revjew (initial study and anticipated negative
declaration). Staff jntends to contract wjth Mr. Ken Morrjs for assistance in preparing the application at
a cost of up to $5,000. (Contracts under $25,000 do not require formal Council approval; those under
$10,000 do not require a biddjng process). Mr. Morris prepared the origjnal SSDRMDZ application as an
employee of San Diego Envjronmental Servjce Department and is now a private consultant. His experience
with the SSDRMDZ and the State application process wjll be very valuable. In terms of timing, the
following is a projected schedule:
;)-3,
Page 4, Item -
Meeting Date 08112/97
MOl M02 M03 M04 M05 MOB
Hire Consultant X
Prepare application X X X
Prepare environmental review/public review X X X X
Secure resolutions (Chula Vista, San Oiego, County) X X
Submit draft to San Oiego Environmental Services Oepartment X
San Diego submits application to State IWMB X
Approval by IWMB X X
Note that the requested action of this report and resolution is merely a preliminary planning step and that
prior to returning to Council for approval of the applicatjon and submittjng it to the State, staff will
complete the necessary CEnA revjew.
FISCAL IMPACT: Approval of the resolutjon will requjre Community Development and Resource
Conservatjon staff time to prepare the SSDRMDZ appljcatjon. The proposed consultant contract for
assistance with the application wjll cost up to $5,000; funds have been approprjated from the Recycljng
Education Program budget (#270.2704.5298). In terms of zone jmplementation, lead staff support will be
provided from exjsting Economic Development staff, with assistance from the Resource Conservatjon
Coordjnator, Environmental Resources Manager and BECA. The FY 97/98 Economic Development budget
includes $3,000 for production of an RMDZ brochure (#100-0261-5201).
H:IHOMEICOMMOEVISTAFF.REPl08.12.97IRMOZ.113 [A"il"16. 1997 (2:09pm!
¿j/f
RESOLUTION NO. / %757
-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A MEMORANDUM OF
UNDERSTANDING WITH THE CITY OF SAN DIEGO
REGARDING EXPANSION AND REDESIGNATION OF THE
SOUTH SAN DIEGO RECYCLING MARKET DEVELOPMENT
ZONE TO INCLUDE THE CITY OF CHULA VISTA; AND
DIRECTING STAFF TO PREPARE AN ADDENDUM TO THE
EXISTING SOUTH SAN DIEGO RECYCLING MARKETING
DEVELOPMENT ZONE (SSDRMDZ) APPLICATION FOR
SUBMISSION TO THE STATE
WHEREAS, California legislation created the Recycling
Market Development Zone (RMDZ) program to provide incentives to
businesses that use secondary materials from the waste stream as
feedstock for manufacturing, and therefore to divert solid waste
material from the State's landfills; and
WHEREAS, the benefits to the City of being included in
the RMDZ include promotional advantages related to recruiting
targeted firms, the ability to offer qualifying businesses State
RMDZ loans, SDG&E utility discounts, and access to a support
network of State Integrated Waste Management Board (IWMB) staff and
statewide local RMDZ staff and businesses; and
WHEREAS, forty (40) Zones have been designated throughout
the State; no more new "slots" are available, however, the
legislation allows existing Zones to be expanded upon unanimous
consent by the Zone's partners; and
WHEREAS, San Diego County has two Zones, including the
South San Diego RMDZ (SSDRMDZ) adjacent to the border which is
sponsored by the City of San Diego and the County; and
WHEREAS, the proposed MOU, which has been executed by the
City of San Diego, commits San Diego to support our request to the
State to redesignate the SSDRMDZ to include Chula Vista; and
WHEREAS, County staff have also indicated their support;
and
WHEREAS, staff shall conduct appropriate environmental
review of the project under CEQA prior to City Council's formal
approval thereof.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
city of Chula vista does hereby approve in the form presented, and
authorize the Mayor to execute a Memorandum of Understanding with
the City of San Diego regarding expansion and redesignation of the
1
g>S-
.~
South San Diego Recycling Market Development Zone to include the
City of Chula vista, a copy of the MOU shall be kept on file with
the city Clerk as Document No
BE IT FURTHER RESOLVED that staff is hereby directed to
conduct the appropriate review of the proposed expansion under the
California Environmental Quality Act, and prepare an Addendum to
the existing South San Diego Recycling Marketing Development Zone
(SSDRMDZ) Application for City Council approval and submission to
the state.
Presented by Approved as to form by
Chris Salomone, Director of
Community Development
C:\rs\ssdr.dz
2
0>"
MEMORANDUM OF UNDERSTANDING
REGARDING EXPANSION AND
REDESIGNA TION OF THE SOUTH SAN DIEGO
RECYCLING MARKET DEVELOPMENT ZONE
TO INCLUDE CHULA VISTA
This MEMORANDUM OF UNDERSTANDING, herein called "MOU", is entered jnto as of -,
1997, by and between the City of San Diego, a municipal corporation herein called "San Diego", and
the City of Chula Vista, a municipal corporation herein called "Chula Vista"o
RECITALS
WHEREAS, to increase market development for recyclables and meet state waste
diversion goals, the state has created a Recycling Marketing Development Zone (RMDZ) program
, (Section 17900 of Title 14 of the California Code of Regions) which in concert with local
governments, provides assistance and incentives to businesses to promote the manufacturing of
recycled - content products. Administered by the California Integrated Waste Management Board
(CIWMB), the program's vision is to encourage and assist existing California manufacturers to
switch from virgin to post-consumer content feed stock and to attract new recycled product
manufacturing companies to California.
WHEREAS, zones offer qualifying businesses access to low interest state loans,
utility discounts, engineering and technical assistance, siting and permitting assistance as well as
"match-making" assistance, linking generators and users of recyclable materials.
WHEREAS, State legislation has authorized the designation by the lWMB of forty
Zones throughout Californiao All forty designations have been made. Two of these are in San
Diego County, including the South San Diego RMDZ adjacent to the US/Mexico border. No
additional Zones may be added. However, existing Zones may be expanded to enhance Zone
effectiveness.
WHEREAS, the South San Diego RfvÌÓZ was established in 1992 as a cooperative
effort by the City of San Diego and the County of San Diego to attract new recycled product
manufacturers and recycling businesses to the Otay Mesa industrial area.
WHEREAS, San Diego, the County and Chula Vista share the goals of creating
markets for recycled materials, providing local and regional incentives to persuade manufacturers
in Zones to use secondary materials, identifying opportunities for retrofitting manufacturing
processes to accommodate the use of secondary materials, creating jobs through attracting recycled
product manufacturing plants, and helping business to recoup costs of diverting recycled materials
through the sale of these materials.
WHEREAS, the South San Diego RMDZ lies adjacent to the City of Chula Vista and
will benefit by expanding to include Chula Vista property within its boundaries. Chula Vista is a
recognized leader in promoting and applying environmental technologies as well as supporting
environmental businesses, including recyclers and users of recycled materials. Chula Vista's Border
Environmental Commerce Alliance (BECA) program brings unique, regional resources and expertise
to the RMDZ program helping to strengthen the RMDZ business outreach and assistance activities.
Recycling Marketing Development Zone MOU g~? Page 1
[C:\WP51\DOCUMENT\RMDZ-MOU.REV (March 17, 1997)]
PROVISIONS
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
A. Chula Vista's Commitments
1. Chula Vista agrees to prepare a Recycling Market Development Plan, and to provide
the necessary findings and proof of compliance wjth CEQA in order to submit an
application for redesignationo Chula Vista further agrees to assume all costs related
to the application process for inclusion in the RMDZ, including consultant and
environmental review costso While no significant costs are anticipated to be incurred
by San Diego, it is understood that should San Diego need to incur costs in order
to submit the redesignation application, San Diego will provide Chula Vista with a
written estimate of costs for Chula Vista's review and approval prior to any
expenditures.
. 2. Chula Vista agrees to produce a new, updated brochure reflecting Chula Vista's
membership in the South San Diego Recycling Marketing Development Zone
(RMDZ) for use by South San Diego RMDZ members. The amount of $3,000 has
been budgeted in FY 1996/97 for this purposeo Staff agrees to recommend that a
minimum of $3,000 be budgeted each future year for promoting the Zone during the
term of this agreement. Chula Vista agrees that additional RMDZ promotional
materials produced by Chula Vista will reference all members of the South San
Diego RMDZ.
3. Chula Vista agrees to make available to RMDZ busjnesses servjces and resources
of BECA, the Community Development Department (Economic Development and
Redevelopment assistance), the Conservation Coordinator, and the Environmental
Resource Manager, as appropriate.
4. Chula Vista agrees to provide the South San Diego RMDZ Administrator an annual
report summarizing Chula Vista accomplishments with adequate lead time to allow
such information to be included in the Administrator's report to thl;¡ state. The report
will include a list of recycling manùfacturers in Chula Vista and the type and
estimated quantities of material that these companies divert from the landfill.
5. Chula Vista agrees to meet quarterly with San Diego and San Diego County RMDZ
representatives to ensure optimum coordination of Zone policy development,
program implementation and leveraging of resources.
6. Chula Vista agrees to actively promote the RMDZ loan program to eligible Chula
Vista businesses and to submit Chula Vista business loan applications to the San
Diego Zone Administrator for submission to the lWMBo
Recycling Marketing Development Zone MOU Q---~ Page 2
[C:\WP51\DOCUMENTìRMDZ-MOU.REV (March 17, 1997))
B. San Diego's Commitments
1. San Diego agrees to support the expansion and redesignation of the South San
Diego RMDZ to include the City of Chula Vista including but not limited to the review
and submjttal of the application for redesignatjon wjthin 45 days of transmittal to San
Diego by Chula Vista.
2. San Diego agrees to administer the Zone and to process all necessary actions to
comply with state Zone requjrements including the submission of an Annual Report.
San Diego agrees to submit the Draft Annual Report, including Chula Vista
information, to Chula Vista staff for review and input prior to its submission to the
state.
3. San Diego agrees to partner with the Border Environmental Commerce Alliance
(BECA) including the participation of the San Diego Environmental Services Director,
or hislher designee, on the BECA Advisory Board, and cooperative efforts to
. promote BECA services to businesses within the RMDZ.
4. San Diego agrees to keep Chula Vista informed of Zone program activities, including
policy and regulatory changes. San Diego agrees to meet at least quarterly with
Chula VistalBECA staff to ensure optimum coordination of Zone policy development,
program implementation and leveraging of resources.
5. San Diego agrees to complete review of all IWMB loan applications received from
Chula Vista and submit same to the IWMB within 20 working days of their receipt.
Any delay of review beyond this timeframe or denial of an application by the City of
San Diego shall be justified in writing to the Chula Vista Zone Project Manger within
20 working dayso
C. Mutual Commitments
10 San Diego and Chula Vista agree that each member of the Zone should designate
an RMDZ Coordinator and should strive to provide the followir'\g services and to
share related information. . .
a. Business recruitment
b. Zone promotion
c. Inventory of available sites; site selection assistance
do Permitting assistance
e. Technical assistance
f. Development of a feedstock database
g. Procurement education
h. Waste exchange
i. Waste audit
20 San Diego and Chula Vista agree that all RMDZ promotional materials designed for
distribution to the public shall be reviewed by and mutually agreed to by all
members. Each City's logo should appear on printed materials whenever possible.
Recycling Marketing Development Zone MOU Page 3
[C:\WP51\DOCUMEN'T\RMDZ-MOU.REV (March 17, 1997)] if"'!
3. San Djego and Chula Vjsta each agree to provide the other agency an opportunjty
to participate in the development and funding of future materials that promote the
South San Diego RMDZ whenever possible.
4. San Diego and Chula Vjsta each agree to promote the South San Djego RMDZ at
conferences and trade shows attended by respective staff and to coordinate these
efforts to optimize exposure and leverage resources.
5. San Diego and Chula Vista agree to whenever possible share data and business
"leads" that will facilitate "match-making" assistance, linking generators and users
of recyclable materialso Chula Vista and San Diego also agree to discuss
cooperative efforts andlor funding related to future projects to promote the linking of
generators and users of recyclable materjals jn the South San Diego Zoneo
6. San Diego and Chula Vista agree that any financial commitments made by San
Diego or Chula Vista via this MOU andlor future amendments thereto, to directly
. support the promotion of the Zone should be equitably shared by other future
members of the Zone.
D. Term of MOU
1. This agreement is in effect through the life of the RMDZ. Modifications of this
agreement may be made by the written mutual consent of the parties hereto.
2. Chula Vista may terminate its status as a member jurisdictjon by providing written
notification of its intent to withdraw, with termination effective 60 days after notice.
Chula Vista shall have no further additional financial obligations following the
effective termination date.
CITY OF CHULA VISTA
by: Dated: , 1997
Shirley Horton, Mayor
Attest: Approved as to form:
-
Beverly Authelet, City Clerk
CITY OF SAN DIEGO
~~~"'- L \.\~~
Helen L. Heim, Deputy Director
Envinxmental Services Department, Programs Division
Recycling Marketing Development Zone MOU Page 4
[C:\WP51\DOCUMENTìRMDZ-MOU.REV (March 17, 1997)] g-~j ()
í ~ ¡ "/- ¡ I , J" I",^,
""L .....
ATTACHMENT A
CALIFORNIA'S
RECYCLING MARKET
DEVELOPMENT ZONES
1. Siskiyou County
2, Humboidt County
3, Shasta Metro
4, Northeastem Caiifomia (Modoc, Lassen, Piumas)
5, Chico/Northem Butte County
6, CityofOrovilie
7, Gienn County
8, Placer County
9, Sanoma/Mendocino Counties
10, Sacramento
11, Mother Lode (Tuoiumne/Caiaveras)
12, NapalSolano Areas
13, Contra Costa
14, San Francisco
15, Oaldand/Berkeiey
16, Southern Nameda County
17, San Jose
1 B, San Joaquin County
19, Stanislaus County
20, Merced/Atwater
S1
Kern
fl: San Bernardino
fl.
21. Madera County
22, Fresno County
23, Greater Sauth San Joaquin Valley
24, Centrai Coast
25, Porterville
26, Kem County
27, Mojave !iii ~verside
28, Santa Barbara Regionai
29, Ventura County
30, City of Santa Clanla
31. City otlos Angeles
32, Los Angeies County Impe¡jcj
33, Chino Valley
34, San Bemardino County IKaiser !l!I
35, Agua Mansa (San BemardinolRiverside)
36, Long Beach
37, Anaheim
38, Riverside County
39, North San Diego County g-- J /
40, San Diego
I STATE OF CALIFORNIA. ENVIRONMENTAL PROTECTION AGENCY
I INTEGRATED WASTE MANAGEMENT BOARD
: ATTACHMENT B
i SAN DIEGO
I
I RECYCLING MARKET
I
! DEVELOPMENT ZONE
I
CITY OF SA!" DIEGO
I ZONE INFORMATION I PROGRAM INFORMATION
San Diego is the second largest city in California, with a population of California Recycling Market
1.2 million people. San Diego's zone, referred to as Otay Mesa, Development Zones are a program of
encompasses the southeastemmost portion of the City of San Diego and the California Integrated Waste
an adjacent unincorporated area of the County of San Diego. The Management Board. For more
proposed Zone has over 6,300 acres zoned for industrial purposes. In information on this and other market
addition, 1,416 acres ofthe Zone have been designated a Foreign Trade development programs, contact the'
Zone, which provides duty reductions and other benefits to importers, Board's Zone Assistance Branch at
exporters, and certain product assemblers. ~ / Â (916) 255-2708.
í "---"""U_Uu_--"- " ""--
, STATE OF CALIFORNIA . ENVIRONMENTAL PROTECTION AGENCY
I INTEGRATED WASTE MANAGEMENT BOARD
NORTH SAN DIEGO COUNTY
RECYCLING MARKET
DEVELOPMENT ZONE
PACIFIC
OCEAN
III RMD ZONE
- COUNTY BOUNDARY
¡ZONE INFORMATION I PROGRAM INFORMATION
The North San Diego County Zone is loca<ed 30 miles north of downtOwn California Recycling Market Development
San Diego via I-IS or 1.5" The Zone encompasses the unincorporated Zones are a program of the California
areas of Fallbrook, Rainbow, Ramona, and Valley Center; the incorporated Integrated Waste Management Board. The
cities of Carlsbad, Del Mar, Escondido, Poway, Oceanside, and Solana CIWMB offers low interest loans up to
Beach; and the communities of Rancho Bernardo and Mira Mesa in the $1 million, technical assistance on financing
City of San Diegoo Approximately 800,000 people reside within the cities Strategies, and assistance in marketing zones
and unincorporated areas comprising the North San Diego County Zone" nationally and internationally. For mort!
A large manufacturingfindusuial base existS in North San ~o County information on this IZ1Id other market development
along the Highway 78 corridor. , / :J programs, contact the Boord'! Zoo< Assistance
BrancA at (916) 255-2708"
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 8/12/97
ITEM TITLE: Resolution / 8'?!>~proving Agreement Between the City of Chula Vista and
Kinnetic Laboratories, Incorporated for National Pollutant Discharge Elimination
System (NPDES) Dry Weather Discharge Field Screening and Illegal Discharge
Detection Services
SUBMITTED BY: Director of Public Works ~
REVIEWED BY: City Manager ~ f~ (4/5ths Vote: Yes _NoX)
A requirement of the City's NPDES Permit trom the San Diego Regional Water Quality Control Board
(Order No. 90-42) is that all agencies annually conduct dry weather discharge field screening (effluent
sampling, chemical analyses, and observation of physical conditions) at major outfalls during the dry
weather season (May through October of each year) in order to detect illegal discharges to the storm water
conveyance system and to identify, if possible, the sources of said illegal discharges.
Due to the expertise and specialized equipment necessary to perform dry weather discharge field screening
and illegal discharge detection services, staff considered it necessary to retain an outside consultant and
requested proposals trom qualified engineering and environmental consulting firms. Staff received six (6)
proposals and has determined the fmn of Kinnetic Laboratories, Incorporated was the most qualified of the
six firms responding to our request for proposal so In addition, Kinnetic Laboratories submitted the lowest
bid of the three top-ranked consultants. Therefore, staff recommends that Kinnetic Laboratories,
Incorporated be retained to perform Dry Weather Field Screening and Illegal Discharge Detection Serviceso
RECOMMENDATION: That Council approve the agreement between the City and Kinnetic
Laboratories, Incorporated for NPDES Dry Weather Discharge Field Screening and Illegal Discharge
Detection Services and grant the City Manager the authority to approve two one year extensions.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The City has been performing dry weather discharge field screening to comply with the NPDES Permit
(Order No. 90-42) since 1994. Woodward-Clyde Consultants have been performing these services for the
City since implementation in 1994. The six firms that formally responded to the Request For Proposal
(RFP) are as follows (no particular order):
DMax Engineering, Inc.
Hirsch & Company Consulting Engineers
9~/
Page 2, Item -
Meeting Date..B.L.UL21..
Kleinfelder, Inc.
Enecotech Southwest, Inc.
Dames & Moore Group
Kinnetic Laboratories, Inc.
Standard RFP evaluation procedures were followed. On June 26, 1997 the selection committee appointed
by the City Manager, interviewed the top three firms, which were also the only firms with municipal field
screening experience. At the conclusion of the interview, the committee ranked the consultant firms as
follows:
Total Points Total Field Screening
Ranking Firm (Maximum 300) Cost
I Kinnetic Laboratories, Inc. 268 $22,000.00
2 Hirsh & Company Consulting Engineers 259 $34.280.00
3 DMax Engineering, Inc. 238 $34,546.00
The selection of Kinne tic Laboratories, Inc. as the most qualified firm for the job was based upon: I) overall
better knowledge of the scope of work and NPDES regulations and requirements; 2) excellent references;
3) presentation in the interview; 4) extensive experience in performing illegal discharge detection
investigations; and, 5) lowest costs.
Kinnetic Laboratories, Inc. ranked higher because they demonstrated a higher level of knowledge and
expertise in their responses. Although the Selection Committee considered the top two consultants to be
equally qualified with respect to scientific expertise, Kinnetic Laboratories was selected because of their
overall better nonpoint source pollution experience, including pollutant source identification. In addition,
Kinnetic Laboratories was able to keep laboratory costs down because they have their own in-house
laboratory. Field crew costs were also lower resulting in a substantially lower overall cost than Hirsh &
Company.
Staff recommends contracting with Kinnetic Laboratories, Inc. based on the criteria discussed above.
By approving this resolution, the City will enter into an agreement with Kinnetic Laboratories, Inc. to
perform Dry Weather Field Screening and Illegal Discharge Detection Services on a time and materials basis
on an hourly rate/unit cost basis for a fee not to exceed $42,000 in Fiscal Year 1997-98. The initial contract
will be for one year. Provisions were included allowing the contract to be extended, at the City's sole
discretion, for two additional one-year terms. Unit rates shall increase 4% per year for the additional two
one-year termso Contract extensions would have to be approved by the City Manager. The possible
extension of the contract for up to two years was included in the Request for Proposal and in the proposed
contract to encourage better hourly rates and unit costs by providing the possibility of a longer contract term,
51-;;:
Page 3, Item -
Meeting Date...8LUL21..
to avoid the time conswning selection process each year, and to maintain continuity in the Illegal Discharge
Detection Program. Approval of this item will authorize the City Manager to extend the contract for up to
two years depending on the consultant's work and available funding in future budgets.
The primary task Kinnetic Laboratories will be performing for the City is field screening 53 storm drain
outfalls throughout the City and submitting written reports of the field screening and related activities.
These reports will then be included in the semi-annual compliance reports required by the NPDES permit.
The estimated costs for the field screening and associated reports is $22,000.
The remaining $20,000 of the contract will go towards satisfying two other requirements of the City's
NPDES Permit. These requirements are; I) Provide laboratory testing at sites showing elevated levels of
pollutants and 2) Perform additional upstream investigation where deemed necessary by the City. These
tasks are directly dependent upon the nwnber and type of sites which are polluted. It has been staffs
experience that these two tasks generally make up only a small part of the overall costs. If pollution
throughout the City increases it would be necessary to conduct more detailed investigations using city staff
or return to Council for a modification to the contract.
Failure to comply with any aspect of Order No. 90-42 and/or succeeding Order (tentatively San Diego
Regional Water Quality Control Board [RWQCB] Order No. 95-76) could result in the imposition of up to
$25,000 per day fines by the RWQCB !!llil up to $50,000 per day by the United States Environmental
Protection Agency.
FISCAL IMPACT: The fee for these services for FY 1997-98 will not exceed $42,000. Funds to cover
the cost of dry weather field screening and illegal discharge detection service costs have been programmed
as part of the City's Fiscal Year 1997-98 NPDES Program budget. This program is funded by the storm
drain fee and not the general fund. The agreement with Kinnetic Laboratories, Inc. may be canceled at any
time by the City with thirty days written noticeo
Attachments: Proposed Agreement Between City and Kinnetic Laboratories, Inc.
cc: File No. 0780-82- KY181
HIHOMEIENGINEERIAGENDA \DR YSCR97DCD
9-;1
RESOLUTION NO. J¿r?5r
-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND KINNETIC LABORATORIES,
INCORPORATED FOR NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM (NPDES) DRY WEATHER
DISCHARGE FIELD SCREENING AND ILLEGAL
DISCHARGE DETECTION SERVICES
WHEREAS, a requirement of the City's NPDES Permit from
the San Diego Regional Water Quality Control Board (Order No. 90-
42) is that all agencies annually conduct dry weather discharge
field screening (effluent sampling, chemical analyses, and
observation of physical conditions) at major outfalls during the
dry weather season (May through October of each year) in order to
detect illegal discharges to the storm water conveyance system and
to identify, if possible, the sources of said illegal discharges;
and
WHEREAS, due to the expertise and specialized equipment
necessary to perform dry weather discharge field screening and
illegal discharge detection services, staff considered it necessary
to retain an outside consultant and requested proposals from
qualified engineering and environmental firms; and
WHEREAS, staff received six proposals and has determined
the firm of Kinnetic Laboratories, Inc. was the most qualified of
the six firms responding to the request for proposals; and
WHEREAS, staff recommends that Kinnetic Laboratories,
Incorporated be retained to perform Dry Weather Field Screening and
Illegal Discharge Detection Services.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula Vista does hereby approve the Agreement between the
City of Chula Vista and Kinnetic Laboratories, Incorporated for
National Pollutant Discharge Elimination System (NPDES) Dry Weather
Discharge Field Screening and Illegal Discharge Detection Services,
in the form presented, a copy of which shall be kept on file in the
office of the City Clerk as Document No.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
Agreement on behalf of the City of Chula vista.
Presented by Approved as to form by
John P. Lippitt, Director of
Public Works
C:lrslkinnetic.npd
9-(
Agreement between
City of Chula Vista
. and
Kinnetic Laboratories, Inc.
)
for National Pollutant Discharge Elimination System (NPDES) Dry
Weather Discharge Field Screening Services and Illegal D i s c h a r g e
Detection Services
This agreement ("Agreement"), dated August 12,1997 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 fonn is set forth on Exhibit A, paragraph 3, and the entity indicated on
the attached Exhibit A, paragraph 4, as Consultant, whose business fonn is set forth on Exhibit
A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A,
paragraph 6 ("Consultant"), and is made with reference to the following facts:
Recitals'
Whereas, the City seeks to comply with all aspects of the 1987 Amendments to the
Federal Water Pollution Control Act (Clean Water Act and its implementing regulations, 33
USCA Section 1251 et seq.), the Porter-Cologne Water Quality Control Act (California Water
Code 13020 et seq.) and its implementing regulations, and the San Diego Regional Water
Quality Control Board NPDES Pennit Number CA 0108758 and any subsequent amendments
thereto; and,
Whereas, in order to comply with Federal and State law, it is necessary for the City to
annually conduct Dry Weather Discharge Field Screening ("Field Screening") at major outfalls
in order to detect illegal discharges to the stonn water conveyance system and to identify, if
possible, the sources of said illegal discharges; and,
Field Screening Agreement: Kinnetic Laboratories. Inc.
July 1, 1997 Page 1
9-- ç'
Whereas, the City has determined that it is necessary to retain the services of
Consultant in order to satisfy Field Screening requirements;
Whereas, in addition to retaining the services of Consultant in order to satisfy Field
Screening requirements, it is necessary and desirable to retain Consultant on an on-call, as-
needed retainer basis during the life of the agreement;
Whereas, Consultant warrants and represents that they are experienced and staffed in a
manner such that they are and can prepare and deliver the services required of Consultant to
City within the time frames herein provided all in accordance with the terms and conditions of
this Agreement; .
,
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby
mutually agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the attached Exhibit A,
Paragraph 7, entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties", Consultant shall
also perform all of the services described in Exhibit.A, Paragraph 8, entitled" Scope of Work
and Schedule", not inconsistent with the General Duties, according to, and within the time
frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are
identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the
essence of this agreement. The General Duties and the work and deliverables required in the
Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to
complete the Defined Services by the times indicated does not, except at the option of the City,
operate to terminate this Agreement.
C. Reductions in Scope of Work
Field Screening Agreement: Kinnetic Laboratories, Inc.
July 1, 1997 Page 2
9~?
City may independenlly, or upon request from Consultant, from lime to time reduce the
Defined Services to be perfonned by the Consultant under this Agreement. Upon doing so,
City and Consultant agree to meet in good faith and confer for the purpose of negotiating a
corresponding reduclion in the compensation associated with said reduction.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require
Consultant to 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 Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is
otherwise agreed upon. All compensation for Addilional Services shall be paid monthly as
billed.
>
E. Standard of Care
Consultant, in perfonning any Services under this agreement, whether Defined Services
or Additional Services, shall perfonn in a manner consistent with that level of care and skill
ordinarily exercised by members of the profession currently practicing under similar
conditions and in similar localions.
F. Insurance
Consultant represents that it and its agents, staff and subconsultants employed by it in
connection with the Services required to be rendered, are protected against the risk of loss by
the following insurance coverages, in the following categories, and to the limits specified,
policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V"
or better, or shall meet with the approval of the City: '
Statutory Worker's Compensation Insurance and Employer's Liability Insurance
coverage in the amount set forth in the attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business Automobile Insurance
coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied
separately to each project away from premises owned or rented by Consultant, which names
City 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")o
Field Screening Agreement, Kinnetic Laboratories, Inc.
July 1, 1997 Page 3
9-?
Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9,
unless Errors and Omissions coverage is included in the General Liability policy.
G. Proof of Insurance Coverage.
(1) Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein required, prior to the
commencement of services required under this Agreement, by delivery of Certificates of
Insurance demonstrating same, and further indicating that the policies may not be canceled
without at least thirty (30) days written notice to the Additional Insured.
(2) Policy.Endorsements Required.
> In order to demonstrate the Additional Insured Coverage, Primary Coverage
and Cross-liability Coverage required under Consultant's Commercial General Liability
Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating
same, which shall be reviewed and approved by the Risk Manager.
H. SecuritY for Performance.
(1) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant
to provide a Performance Bond (indicated by a check mark in the parenthetical space
immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall
provide to the City a performance bond by a surety and in a form and amount satisfactory to
the Risk Manager or City Attorney which amount is indicated in the space adjacent to the
term, "Performance Bond", in said Paragraph 19, Exhibit Ao
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant
to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately
preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the
City an irrevocable letter of credit callable by the City at their unfettered discretion by
submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in
breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be
in a form and amount satisfactory to the Risk Manager or City Attorney which amount is
indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit
A.
Field Screening Agreement: Kinnetic Laboratories, Inc.
July 1, 1997 Page 4
~-ð
(3) Other Security
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant
to provide security other than a Performance Bond or a Letter of Credit (indicated by a check
mark in the parenthetical space immediately preceding the subparagraph entitled "Other
Security"), then Consultant shall provide to the City such other security therein listed in a
form and amount satisfactory to the Risk Manager or City Attorney.
I. Business License
Consultant agrees to obtain a business license from the City and to otherwise comply
with Title 5 of the Chula Vista Municipal Code.
t
2. Du1ies of the City
.
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing the progress of
the Defined Services and Schedule therein contained, and to provide direction and guidance to
achieve the objectives of this agreemento The City shall permit access to its office facilities,
files and records by Consultant throughout the term of the agreement. In addition thereto,
City agrees to provide the information, data, items and materials set forth on Exhibit A,
Paragraph 10, and with the further understanding that delay in the provision of these materials
beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay
in the Consultant's performance of this agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant submitted to the City
periodically as indicated in Exhibit A, Paragraph 18,-but in no event more frequently than
monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate
Consultant for all services rendered by Consultant according to the terms and conditions set
forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship
indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements
for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out
of pocket expenses as provided in Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain sufficient information as to the
propriety of the billing to permit the City to evaluate that the amount due and payable
thereunder is proper, and shall specifically contain the City's account number indicated on
Exhibit A, Paragraph 18 C to be charged upon making such payment.
Field Screening Agreement: Kinnetic Laboratories, Inc.
July 1, 1997 Page 5
9-/
3. AdmiIÙstration of Contract
Each party designates the individuals ("Contract AdmiIÙstrators") indicated on Exhibit
A, Paragraph 13, as said party's contract administrator who is authorized by said party to
represent them in the routine admiIÙstration of this agreement.
4. Tenn.
This Agreement shall tenninate when the Parties have complied with all executory
provisions hereof.
5. Liquidated Damages
.
The provisions of this section apply if a Liquidated Damages Rate is provided in
'Exhibit A, Paragraph 14.
It is acknowledged by both parties that time is of the essence in the completion of this
Agreement. It is difficult to estimate the amount of damages resulting from delay in per-
fonnance. The parties have used their judgment to arrive at a reasonable amount to
compensate for delay.
Failure to complete the Defined Services within the allotted time period specified in
this Agreement shall result in the following penalty: For each consecutive calendar day in
excess of the time specified for the completion of the respective work assignment or
Deliverable, the consultant shall pay to the City, or have withheld from moIÙes due, the sum
of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages
Rate")o
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 AdmiIÙstrator, or designee, prior
to the expiration of the specified timeo 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
Field Screening Agreement, Kinnetic Laboratories, Inc.
July 1, 1997 Page 6
9-/¿l
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 0
Bo 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 iri 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 wht¡ther Consultant is designated as an FPPC Filer, Consultant warrants
and represents that Consultant has diligently conducted a search and inventory of Consultant's
'economic interes1s, as the term is used in the regulations promulgated by the Fair Political
Practices Commission, and has determined that Consultant does not, to the best of
Consultant's knowledge, have an economic interest which would conflict with Consultant's
duties under this agreement.
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further
warrants and represents that Consultant will not acquire, obtain, or assume an economic
interest during the term of this Agreement which would constitute a conflict of interest as
prohibited by the Fair Political Practices Act.
Eo Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated' as an FPPC Filer, Consultant further
warrants and represents that Consultant will immediately advise the City Attorney of City if
Consultant learns of an economic interest of Consultant's which may result in a conflict of
interest for the purpose of the Fair Political Practices Act, and regulations promulgated
thereunder.
F. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's immedia1e
family members, nor Consultant's employees or agents ("Consultant Associates") presently
have any interest, directly or indirectly, whatsoever in any property which may be the subject
matter of the Defined Services, or in any property within 2 radial miles from the exterior
Field Screening Agreement: Kinnetic Laboratories, Inc.
July 1, 1997 Page 7
9-//
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 represenls 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
Agreemenl, except with the written pennission of City.
.
Consultant may not conduct or solicit any business for any party to this Agreement, or
tor any third party which may be in conflict with Consultant's responsibilities under this
Agreement, excepi with the written pennission of City .
7. Hold Harmless
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 include any and all costs, expenses, attorneys' fees and
liability incurred by the City, its officers, agents, or employees in defending against such
claims, whether the same proceed to judgment or not. Further, Consultant at its own expense
shall, upon written request by the City, defend any suCh suit or action brought against the
City, its officers, agenls, 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 Consultanl shall violate any of the
covenan1s, agreements or stipulations of this Agreement, City shall have the right to tenninate
this Agreement by giving written notice to Consultant of such tennination and specifying the
effective date thereof at least five (5) days before the effective date of such tennination. 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
Field Screening Agreement, Kinnetic Laboratories, Inc.
July 1, 1997 Page 8
9- / c?-
property of the City, and Consultant shall be enlitled 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 resul1ed if there were no such negligence, errors, omissions,
Consultant shall reimburse City for any additional expenses incurred by the City. Nothing
herein is intended to limit City's rights under other provisions of this agreement.
.
10. Termination of Agreement for Convenience of City
>
City may terminate this Agreement at any time and for any reason, by giving specific
written notice to Consultant of such termination and specifying the effeclive date thereof, at
least thirty (30) days before the effeclive date of such termination. In that event, all finished
and unfInished documents and other materials described hereinabove shall, at the option of the
City, become City's sole and exclusive property. If the Agreement is terminated by City as
provided in this paragraph, Consultant shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such documents and other materials to
the effective date of such terminalion. 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".
120 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
Field Screening Agreement: Kinnetic Laboratories, Inc.
July 1, 1997 Page 9
9~/3
provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in
whole or in part, any such reports, studies, data, statistics, forms or other materials or
properties produced under this Agreement.
13. Independent Contractor
City is interested only in the results obtained and Consultanl 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 righ1 only to reject or accept Consultant's
work products. Consul1ant 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 enlitled inçluding 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 paymenl of same and shall hold the City harmless with regard
thereto 0
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreemenl, 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 Agreemenl result in litigation, it is agreed that the
prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the
claim, including costs and attorney's fees.
16. Statemenl of Costs
In the evenl that Consultant prepares a report or document, or participates in the
preparation of a report or document in performing the Defined Services, Consultant shall
include, or cause the inclusion of, in said report or document, a statement of the numbers and
Field Screening Agreement: Kinnetic Laboratories, Inc.
July 1, 1997 Page 10
9-/'/
cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report
or document.
17. Miscellaneous
Ao Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have no authority to
act as City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals
is/are licensed with the State of California or some other state as a licensed real estate broker
'or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals
are licensed real estate brokers or salespersons.
C. Notices
All notices, demands or requests provided for or pennitted 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.
Eo 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,
Field Screening Agreement, Kinnetic Laboratories, Inc.
July 1, 1997 Page 11
9-/Ç'
and that all resolutions or other actions have been 1aken 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.
.
.
Field Screening Agreement: Kinnetic Laboratories. Inc.
July 1, 1997 Page 12
7-/~
Signature Page
to
Agreement between City of Chula Vista and Kinnetic Laboratories, Inc.
for National Pollutant Discharge Elimination System (NPDES) Dry Weather Discharge Field
Screening Services and Illegal Discharge Detection 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 terms:
.
Dated: , 19- City of Chula Vista
by:
Shirley Horton, Mayor
Attest:
Beverly Authelet, City Clerk
Approved as to form:
~§ß~
J M. eny, ty Atto
Dated: Kinnetic Laboratories, Inco
By:
Field Screening Agreement, Kinnetic Laboratories, Inc.
July 1, 1997 Page 13
9-/7
Exhibit List to Agreement
( x ) Exhibit A.
.
;
Field Screening Agreement: Kinnetic Laboratories, Inc.
July 1, 1997 Page 14
9~/ð
Exhibit A
to
Agreement between
City of Chula Vista
and
Kinnetic Laboratories, Inc.
I. Effective Date of Agreement: August 12, 1997
20 City-Related Entity:
(x) City of Cl1IJla 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]
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant:
Kinnetic Laboratories, Inc.
5225 Avenida Encinas, Suite H
Carlsbad, CA 92008
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(x) Corporation
Field Screening Agreement: Kirmetic Laboratories, Inc.
July 1, 1997 Page 15
'1-ris f- /'1
6. Place of Business, Telephone and Fax Number of Consultant:
5225 Avenida Encinas, Suite H
Carlsbad, CA 92008
Voice Phone (760) 438-8968
Fax Phone (760) 438-2959
7. General Duties:
Consultant shall perform Field Screening at various storm water conveyance system
ou1falls throughout the City. Consultant shall perform additional sampling and chemical analyses,
as authorized by City, as may be necessary to identify pollutant sources.
.
,8. Scope of Work and Schedule:
Ao Detailed Scope of Work:
Consultant shall:
(1) Provide all personnel, equipment, and materials necessary to perform Field
Screening in compliance with the requirements of federal N.P.D.E.S. Municipal
Stormwater Discharge Regulations (promulgated by the United States
Enviromnental Protection Agency) and California Regional Water Quality Control
Board NPDES Permit Number CA 0108758, and any subsequent amendments
thereto or reissuances thereof.
(2) Field Screen for those parameters listed on the "Field Screening Data
Sheet" shown in Attachment 2 of this exhibit. At locations where flow is
observed, the consultan1 shall perfortri instrumental determination of physical
conditions and field chemical analyses'by colorimetric or other approved method
for the constituents identified in the "Field Screening Data Sheet".
(3) Perform Field Screening at the sampling locations shown in Attachment 1
of this exhibit. At sampling locations' where flow is observed, at least two grab
samples muS1 be collected within twenty-four hours of each other and at least four
hours apart. Obtain laboratory samples for further testing if information obtained
through Field Screening procedures indica1es elevated levels of pollutants and/or
a possible illegal discharge. Laboratory sample analysis shall include testing for
semi-volatile organics, metals (copper, lead, zinc, selenium, arsenic, cadmium,
chromium, and iron), nitrates plus nitrite, total Kjeldahl nitrogen (TKN) ,
biochemical oxygen demand (BOD), fecal and total coliform, surfactants (MBAS).
Field Screening Agreement: Kirmetic Laboratories, Inc.
July 1, 1997 Page 16
9-c2Ô
residual cWorine, total phosphate, total suspended solids (TSS), and/or other tests
that may be necessary to identify pollutantso Field Screening shall be perfonned
at least twice per dry season a1 each location, as de1ennined by Cily. Consuitanl
shall commence Field Screening witlún five working days of request by the City
(Deliverable Nos. 1 and 2).
(4) Provide a description of the field chemical analysis methods used, including
the name(s) of the manufacturer(s) of the test methods along with the range and
accuracy of each test.
(5) Perfonn upstream stonn water conveyance system effluenl sampling and
analyses, as authorized by Cily, as may be necessary to identify the upstream
source(s) oj pollutants detected or observed during Field Screening (Deliverable
No.3)0
>
(6) Perfonn addilional stonn water conveyance system effluenl sampling and
analyses, as authorized by Cily, as may be necessary to identify pollutant sources,
on an on-call, as-needed basis during the life of the agreement. Consultant shall
commence sampling and analysis within one working day of request by Cily
(Deliverable No.4).
(7) Perfonn all sampling, handling, and testing of field samples obtained for
laboratory analysis in accordance with 40 Code of Federal Regulations Part 136.
The Consultant's laboratory shall be certified to perfonn such analyses by the
California Department of Health Services or shall be approved by the Executive
Officer of the Regional Water Qualily Conlrol Board.
(8) Perfonn qualily assurance analyses on Cily-approved chemical standards
(qualily control specimens of known 'chemical concentrations) to check the
accuracy and reliability of the field test equipment used. Field Screening quality
assurance analyses shall be conducted at the beginning of each week in which Field
Screening is scheduled.
(9) Provide Cily with original Field Screening Data Sheets within five working
days of when Field Screening is perfonned. Provide Cily with summary reports
of Field Screening activities within twenly working days of the completion of each
round of Field Screening. Provide City with all other reports within ten working
days of the completion of laboratory testing.
(10) Provide Cily with all original data, reports, records, etc. of Field Screening,
illegal discharge detection services, and laboratory analyses, as well as certified
Field Screening Agreement: Kinnetic Laboratories, rnc.
July 1, 1997 Page 17
9--- c:< /
copies of all calibration, quality assurance, and maintenance records. Further, the
consultant shall maintain copies of all records related to dry weather discharge
Field Screening and illegal discharge detection services performed under the
contract for a minimum of five years from the date of sampling, measurement,
report, etc. This period may be extended due to possible unresolved litigation
regarding a discharge or when requested by City or the Executive Officer of the
Regional Water Quality Control Board.
(11) Use billing forms and procedures acceptable to City.
(12) Notify City in writing of any discharge which may endanger the public health
or safety and/or the environment within 24 hours of the time the consultant
becomes aware of said discharge.
¡ B. Date for Commencement of Consultant Services:
(x) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No.1: Provide City with original Field Screening Data Sheets
within five working days of when said Field Screening is
performed. Provide City with written reports of laboratory
testing performed in conjunction with Field Screening
activities within ten working days of the completion of said
laboratory testing.
Deliverable No.2: Provide City with written summary report of Field
Screening and related activities within twenty working days
of the completion of the fmal round of said Field Screening
for each dry season.
Deliverable No.3: Provide City with written reports of laboratory testing
performed in conjunction with Field Screening activities
upstream of outfalls to identify the upstream source(s) of
pollutants detected or observed during Field Screening
within ten working days of the completion of said laboratory
testing.
Field Screening Agreement, Kinnetic Laboratories, Inc.
July 1, 1997 Page 16
9;.,2 ;L
Deliverable No.4: Provide City with written reports of sampling and analyses
perfonned on an on-call, as-needed retainer basis to identify
pollutant sources within ten working days of the completion
of said analyseso
D. Date for completion of all Consultant services:
Services are 10 be provided by Consultant on a time-and-materials basis
through June 30, 19980 Upon a detennination by City staff that Consultant
has satisfactorily perfonned the required services during Fiscal Year 1997-
98 and upon subsequent approval by the City Manager, this agreement may
be ex1ended if City so elects in its sole discretion up through Fiscal Year
19\)9-00, in one year increments, upon tenns and conditions contained
herein.
'
9. Insurance Requirements:
(x) Statutory Worker's Compensation Insurance
(x) Employer's Liability Insurance coverage: $1,000,000.
() Commercial General Liability Insurance: $1,000,000.
() Errors and Omissions insurance: None Required (included in Commercial General
Liability coverage).
(x) Errors and Omissions Insurance: $250,000 (not included in Commercial General
Liability coverage).
10. Materials Required to be Supplied by City to Consultant:
(1) A reproducible copy of a map of the City showing all field screening siles.
(2) Copies of or access to previous years dry weather field screening reportso
11. Compensation:
A. () Single Fixed Fee Arrangement.
For perfonnance of all of the Defmed Services by Consultant as herein required, City shall
pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set
forth below:
Single Fixed Fee Amount: , payable as follows:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
Field Screening Agreement, Kinnetic Laboratories, Inc.
July 1, 1997 Page 19
9~';¿3
() 1. Interim Monthly Advances. The City shall make interim monthJy
advances against the compensation due for each phase on a percentage of
completion basis for each given phase such that, at the end of each phase
OIÙY the compensation for that phase has been paid. Any payments made
hereunder shall be considered as interest free loans which must be returned
to the City if the Phase is not satisfactorily completed. If the Phase is
satisfactorily completed, the City shall receive credit against the
compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that,
at Ule end of the phase, the full retention has been held back from the
, compensation due for that phaseo Percentage of completion of a phase shall
be assessed in the sole and unfettered discretion by the Contracts
Administrator designated herein by the City, or such other person as the
City Manager shall designate, but OIÙY upon such proof demanded by the
City that has been provided, but in no event shall such interim advance
payment be made uIÙess the Contractor shall have represented in writing
that said percentage of completion of the phase has been performed by the
Contractor. The practice of making interim monthly advances shall not
convert this agreement to a time and materials basis of payment.
B. () Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defmed Services by Consultant as are
separately identified below, City shall pay the fixed fee associated with each phase of Services,
in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not
commence Services under any Phase, and shall not be entitled to the compensation for a Phase,
uIÙess City shall have issued a notice to proceed to Consultant as to said Phase.
Phase Fee for Said Phase
1. $
2. $
3. $
Field Screening Agreement: Kinnetic Laboratories, Inc.
July 1, 1997 Page 20
9~e2f
() 1. Interim MonthJy Advances 0 The City shall make interim monthly
advances against the compensation due for each phase on a percentage of
completion basis for each given phase such that, at the end of each phase
only the compensation for that phase has been paid. Any payments made
hereunder shall be considered as interest free loans which must be returned
to the City if the Phase is not satisfactorily completed. If the Phase is
satisfactorily completed, the City shall receive credit against the
compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that,
at the end of the phase, the full retention has been held back from the
compensation due for that phase. Percentage of completion of a phase shall
be assessed in the sole and unfettered discretion by the Contracts
Ad~inistrator designated herein by the City, or such other person as the
City Manager shall designate, but only upon such proof demanded by the
. City that has been provided, but in no event shall such interim advance
payment be made unless the Contractor shall have represented in writing
that said percentage of completion of the phase has been perfonned by the
Contractor. The practice of making interim monthly advances shall not
convert this agreement to a time and materials basis of payment.
Co (x) Hourly Rate Arrangement
For perfonnance of the DefIDed 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 sel forth in the Rate Schedule hereinbelow according to the
following tenus and conditions:
(1) (x) Not-to-Exceed Limitation on Time and Materials ~angement
Notwithstanding the expenditure by Consultant of time and materials in
excess of $22,000 for completion of Deliverables 1 and 2, Consultant agrees that
Consultant will perfonn all of the Defined Services herein required of Consultant
to comple1e those deliverables for the 53 outfalls listed in Attachment 1, including
all Materials and other "reimbursables"o Consultant agrees to perfonn the DefIDed
Services herein required for Deliverables 3 and 4, which are undefined as to
quantity or number and within the sole discretion of the City to initiate, up to the
limits of compensation shown in the following schedule. When funds authorized
for Deliverables 3 and 4 are exhausted, the Consultant and City shall renegotiate
the funding for Deliverables 3 and 4 before the Consultant proceeds with further
work.
Field Screening Agreement: Kinnetic Laboratories, Inc.
July 1, 1997 Page 21
9 - .:<S-
Task
1. Outfall Field Screening (Deliverables I & 2) $22,000
2. Upstream Investigation and Testing During Field Screening Operation
(Deliverable 3) $12,000
3. Upstream Investigation and Testing on an On-Calli As-Needed Basis
throughout the Term of the Agreement (Deliverable 4) $ 8,000
Maximum Total Compensation - Tasks I, 2, & 3 $42,000
'Funds remaining from a completed task may be utilized for another task if necessary.
.
> (2) ( ) Limitation without Further Authorization on Time and Materials
Arrangement
At such time as Consultant shall have incurred time and materials equal to
("Authorization Limit"), Consultant shall not be entitled to
any additional compensation without further authorization issued in writing and
approved by the City. Nothing herein shall preclude Consultant from providing
additional Services at Consultant's own cost and expenseo
Field Screening Agreement: Kinnetic Laboratories, rnc.
July 1, 1997 Page 22
9~..2Þ
Rate Schedule
CATEGORY OF EMPLOYEE OF CONSULTANT* HOURLY RATE*
2-Person Field Crew $90.00
3-Person Field Crew (For Confined Space Entry Only) $152.00
Additional Services:
Kinnetic Laboratories, Inc.
Scientist IV $112.00
Scientist III $79.00
Scientist II $62.00
Scientist I $45.00
Preparation by consultant for court appearances and expert witness $135.00
testimony.
Cooper Engineering Associates, Inc.
Senior Project Engineer $120.00
Staff Engineer $59.00
* Rates for Fiscal Years 1998-99, 1999-2000; increase 4% per year.
() Hourly rates may increase by 6% for services rendered after [month], 19
, if delay in providing services is caused by City.
12. Materials Reimbursement Arrangement
For 1he cost of ou1 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 $_:
Field Screening Agreement: Kinnetic Laboratories, Inc.
July 1, 1997 Page 23
7~02 ?
() Delivery, not to exceed $_:
() Long Distance Telephone Charges,
not to exceed $_.
(x) Other Actual Identifiable Direct Costs:
FIELD SCREENING
!ITEM I UNIT COST I
Vehicle, Per Day $100.00
Safety Equipment, Per Day $145.00
Chlorine, Per Test , $1.00
Copper, Per Test $1.00
Phenol, Per Test $1.00
Surfactants (MBAS), Per Test $3.00
Ammonia, Per Test $4.00
Glycol, Per Test $3.00
Zinc, Per Test $4.00
PH Meter, Per Day $10.00
Conductivity Meter, Per Day $10.00
Field Screening Agreement: Kinnetic Laboratories, Inc.
July 1, 1997 Page 24
9-~r
LABORATORY ANALYSIS
I TEST I UNIT COST I
Oil and Grease $60.00
8 Metals (Copper, Lead, Zinc, Selenium, Arsenic, Cadmium, Chromium, Iron) $100.00
Ammonia $20.00
Nitrates plus Nitrite $24.00
Total Kjeldahl Nitrogen $17.00
Total Phosphate . $17.00
,
Surfactams (MBAS) $17.00
Sulfate $10.00
Sodium $10.00
Calcium $10.00
Propylene Glycol $75.00
Ethylene Glycol for both*
Fecal and Total Coliform $22.50
pH $10.00
Residual Chlorine $15.00
Total Dissolved Solids(TDS) $12.00
Total Suspended Solids (TSS) $12000
*$75.00 includes both propylene and ethylene glycol analyses, or for each individually.
13. Contract Administrators:
City: Dennis C. Davies, Civil Engineer
Department of Public Works
276 Fourth Avenue
Chula Vista, California 91910
(619) 691-5021.
Field Screening Agreement: Kinnetic Laboratories, rnc.
July 1, 1997 Page 25
9--02 9
Consultant: Robert Shelquist
Kinnetic Laboratories, Inc.
5225 Avenida Encinas, Suite B
Carlsbad, CA 92008
(760) 438-8968
14. Liquidated Damages Rate:
( ) $_perday.
( ) Other:
15. Sta1ement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest
Code:
,
(x) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
() Category No.1. Investments and sources of income.
() Category No.2. Interests in real property.
() Category No.3. Investments, interest in real property and sources of
income subject to the regulatory, pennit or licensing authority of the
department.
() Category No.4. Inv.estments 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.
Field Screening Agreement, Kinnetic Laboratories, Inc.
July 1, 1997 Page 26
7- J¿J
( ) Category No.7. Business positions.
( ) List "Consultant Associates" interes1s in real property within 2 radial núles of Project
Property, if any:
-------------------------------------------------------------
------------------------------------------------------------
------------------------------------------------------------
------------------------------------------------------------
160 ( ) Consultant is Real Estate Broker and/or Salesman
17. Permitted Subconsulþ.nts:
> Cooper Engineering Associates
18. Bill Processing:
Ao Consultant's Billing to be submitled for the following period of time:
(x) Monthly
( ) Quarterly
( ) Other:
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
(x) 15th Day of each Month
( ) End of the Month
( ) Other:
C. City's Account Number: 227-2271-5201
19. Security for Performance
( ) Performance Bond, $
( ) Letler of Credit, $
( ) Other Security:
Type:
Amount: $
(x) Retention. If this space is checked, then notwithstanding other provisions to the
contrary requiring the payment of compensation to the Consultant sooner, the City
Field Screening Agreement: Kinnetic Laboratories, Inc.
July 1, 1997 Page 27
9-3/
shall be entitled to retain, at their option, either the following "Retention
Percentage" or "Retention Amount" until the City determines that the Retention
Release Event, listed below, has occurred:
(x) Retention Percentage: 10%
( ) Retention Amount: $
Retention Release Event:
( ) Completion of All Consultant Services
(x) Other: Delivery and Acceptance of Reports
.
¡
Field Screening Agreement, Kinnetic Laboratories, Inc.
July 1, 1997 Page 28
7'- J:L
EXHIBIT A
ATTACHMENT 1
DRY WEATHER DISCHARGE
FIELD SCREENING LOCATIONS
I OU::t~L I OUTFALL LOCATION I COMMENTS I
SUN-OI Chula Vista Municipal Golf Course
Southwest Comer of Intersection of
Bonita Road and Central Avenue
SUN-02 East "H" Street and SR-125 R.O.W. 48" RCP At Base of Slope
SUN-03 Chula Vista Municipal Golf Course Triple 10' x 6' RCB
500' Southwest of Intersection of
Bonita Road and Central Avenue
SUN-OS East "H" Street and SR-I25 60" RCP At Base of Slope
R.O.W.
BLC-OI Chula Vista Municipal Golf Course Box Culvert
North of Intersection of Bonita Road
and Acacia A venue
BLC-02 Long Canyon Channel Gabion Channel Southwest of the
South of Bonita Road and West of Southerly Terminus of Acacia
South End of Acacia A veñue . . Avenue
OLR-OI Chula Vista Municipal Golf Course'
North of Intersection of Bonita Road
and Villas Drive
OLR-02 Chula Vista Municipal Golf Course Box Culvert
North of Intersection of Bonita Road
and Otay Lakes Road
OLR-03 Chula Vista Municipal Golf Course 36" RCP Outfalling to Box Culvert
North of Intersection of Bonita Road at OLR-02
and Otay Lakes Road
Field Screening Agreement: Kinnetic Laboratories, Inc.
July 1, 1997 Page 29
9~JJ
I OUTFALL I I COMMENTS I
I.D. .. OUTFALL LOCATION
WIL-Ol Chula Vista Municipal Golf Course
Along Sweetwater Road, Approx.
750 Feet Northeast of Intersection
with Willow Street
WIL-02 Chula Vista Municipal Golf Course Four 30" CMPs
75' South of Willow Street Bridge at
Sweetwater River
MGC-02 Sweetwater River Channel Upstream of Willow Street Bike/
West End of Chula Vista Municipal Pedestrian Bridge
Golf Course
RCC-Ol 500 Feet South of Bonita Road, Double 54" RCP
East of Interstate-805 and West of
Lynwood Drive
RCC-O2 North of Intersection of East "H" 90" Outfall Upstream of Desilting
Street and Kernel Court Basin
RCC-03 Downstream of Discovery Park 90" CMP Outfall
West of Rancho del Rey Parkway Access via Hiking Trail
SVS-Ol Rear of Ramada Inn Parking Lot Fence
North of Bonita Road and West of
Interstate-805 in CalTrans R.O.W.
SWR-Ol First Avenue and "D" Street A.C. Ditch
End if Las Flores Drive at Cul-De-
Sac
SWB-O2 End of Las Flores Drive (at Cul-de-
Sac)
SWR-03 Along Fourth Avenue, South of "C" Eucalyptus Park
Street at Southern Boundary of Park
SWR-04 Fifth Avenue, North of "c" Street Double 6' x 6.5' RCB Outfall
South of WalMart Parking Lot
CEN-Ol South of "H" Street and East of Concrete Channel
Interstate 5 and Railroad Tracks
Field Screening Agreement: Kinnetic Laboratories, Inc.
July 1, 1997 Page 30
9-Yi
I OUTFALL I I COMMENTS I
. I.D. OUTFALL LOCATION
CEN-02 36" RCP Which Discharges to the
Concrete Channel at CEN-Ol
CEN-03 South of "J" Street and East of Access from "K" Street and
Interstate 5 and Railroad Tracks Colorado Avenue
CEN-04 Memorial Park - West of Third Sample from Cobble Channel
Avenue and North of Park Way Downstream of Box Culverts
TCC-Ol Telegraph Canyon Channel - West Drainage Easement on SDG&E
of Bay i3oulevard Property / Contact Don Waller 498-
5223 or Kent Miles 498-5247
TCC-02 Telegraph Canyon Channel - West Hilltop Park
of Intersection of Hilltop Drive and
Telegraph Canyon Road
TCC-03 Telegraph Canyon Channel - West 108" Outfall to Detention Basin
of EastLake Parkway and North of
Telegraph Canyon Road
TCC-04 Telegraph Canyon Channel - West Double Box Culvert under Mobil
of Third Avenue and South of "L" Gas Station
Street
SCR-Ol North of Telegraph Canyon Road Sample at Upstream End of Box
and East of Hunte Parkway Culvert
Access via Otay Ranch Private Roàd
.
SCR-02 North of Telegraph Canyon Road' Approximately 200 Feet West of
and East of Hunte Parkway SCR-Ol
Access via Otay Ranch Private Road
POG-Ol South of Otay Valley Road and Sample at Box Culvert from Park
West of Melrose A venue Side
POG-02 End of EastLake Parkway on West EastLake Greens
Side of Street at 60" Outfall
JUD-Ol South of Intersection of Fresno Box Culvert
A venue and Main Street
Field Screening Agreement: Kinnetic Laboratories, Inc.
July 1, 1997 Page 31
7-J~
I OUTFALL I I COMMENTS I
I.D. ... OUTFALL LOCATION
JUD-02 Southwest Corner of Intersection of
Reed Court and Main Street
PRD-Ol South of Main Street/Otay Valley At Culvert
Road and West of Walnut Avenue Outfall PRD-03 Also at this
Location
PRD-02 West of Aries Court and 500' South 96" RCP Outfall
of East Rienstra Street Within
SDG&E Easement
PRD-03 South of Main Street/Otay Valley 24" CMP
Road and West of Walnut Avenue
BAY-Ol Across from 1075 Bay Boulevard Double 48" RCP Outfall
BAY-02 West of Intersection of Palomar Double 18" CMP
Street and Bay Boulevard
BA Y-03 West of Intersection of Ada Street Wooden Box Culvert
and Bay Boulevard
SWB-Ol Frontage Road, South of Ada Street Double Box Culvert Within Public
R.O.W.
SWB-02 East of Beyer Boulevard and North Outfall to Otay River
of Bridge at Southerly City Limits
-
OVR-Ol South of Otay Valley Road and 700'. Westernmost Pipe at Headwall
East of Brandywine Avenue
OVR-02 South of Otay Valley Road and 700' Center Pipe at Headwall
East of Brandywine A venue
OVR-03 South of Otay Valley Road and 700' Easternmost Pipe at Headwall
East of Brandywine Avenue
OVR-04 South of Otay Valley Road and 200' 48" RCP
East of Nirvana Avenue
OVR-05 South of Otay Valley Road and 200' Double 48" RCP
East of Nirvana Avenue
Field Screening Agreement: Kinnetic Laboratories, Inc.
July 1, 1997 Page 32
9--J¿
I OUTFALL I I COMMENTS I
I.D.. OUTFALL LOCATION
OVR-06 South of Otay Valley Road and 200' 18" RCP
East of Nirvana Avenue
OVR-07 South Portion of Property at 1875 Westernmost Pipe / City Easement -
Nirvana Avenue Pipe at Base of 30' Slope
OVR-08 South Portion of Property at 1875 Easternmost Pipe / City Easement -
Nirvana Avenue Pipe at Base of 30' Slope
OVR-09 South Portion of Property at 850 City Easement - Pipe at Base of 35'
Energy.Way Slope
OVR-lO South End of Brandywine Avenue 18" RCP Outfall at Base of Slope
South of Otay Valley Road Outfalls to Otay River
OVR-ll Southwest of Brandywine Avenue 18" RCP Outfall at Base of Slope
South of Otay Valley Road West End of Fuller Ford
Outfalls to Otay River
Field Screening Agreement, Kinnetic Laboratories, Inc.
July 1, 1997 Page 33
9-J?
EXHIBIT A
ATTACHMENT 2
FIELD SCREENING DATA SHEET
Sheet No.
Outfall LDo No.,
Date,
Time,
Sample No.,
General Information
Inspection Team
Weather, Sunny Cloudy Windy Hot Cold Rain Fog Other
Time Since Last Rain, > 72 Hours < 72 Hours Quantity of Last Rainfall > 0.1 inch < 0.1 inch
Field Site Description Approximate Location,
- .
Conveyapce Type, Open Channel Manhole Outfall Other
Concrete Steel Grassed Rock Other
Observed Land Use in Vicinity, Industrial Commercial Residential Unknown Other
Flow Estimation Flow Observed, Yes No Approx. Channel Width or Pipe Diameter
Bucket Method Area/Veloci ty Method
Gallons Collected Average Depth (ft)
Time (seconds) Average Width (ft)
Flow Rate (g.p.m.) Distance (ft)
Time (seconds)
Flow Rate (cfs)
Visual Observation Photo Taken, Yes No Photo Number Roll Number
Odor, None Musty Sewage Rotten Eggs Sour Milk Gasoline Putrescence
Earthy Chemical Chlorine Soap Other
Color, Clear White Red Yellow Brown Green Gray Other
Clarity, Clear Cloudy Opaque Suspended Solids Other
Floatables, None Oily Sheen Garbage/Sewage Suds Scum Other
Deposits/Stains, None Sediments Oil - Other
Vegetation Condition, None Normal Excessive Growth Inhibi ted Growth
Structural Condition, Normal Concrete Cracking/Spalling Metal Corrosion Other
Biological, Mosquito Larvae Bacteria/Algae Dead Animals Other
Are any unusual pipes or ditches visible from the sample location? Yes No
Is there any overland flow visible from the sample location? Yes No
Field Analvses Laboratory Sample Collected, Yes No (If yes, attach copy of chain-of-custody record)
Ini tials Initials
Water Temp 0 - Total Chlorine (mg/l) -
pH - Total Copper (mg/l) -
Total Phenol (mg/l) - Ammonia (mg/l) -
Detergents (mg/l) - Glycol (mg/l) -
Zinc (mg/l) - Conducti vi ty (mS/cm) -
Other -
Comments
Data Sheet Filled Out By (Signature)
7'-J~
COUNCIL AGENDA STATEMENT
Item / tJ
Meeting Date 8/12/97
ITEM TITLE: Resolution J K?S~ approving Fourth Amendment to Agreement
between the San Diego Transit Corporation (SDTC) and the City of Chula
Vista for Unified Telephone Information System
SUBMITTED BY: Director of Public Works ~
REVIEWED BY: City Manager ~1~ (4/5ths Vote: Yes_No..xJ
On July 19, 1980 the South Coast Organization Operating Transit (SCOOT) entered into an
agreement with San Diego Transit Corporation (SDTC) for Regional Transit Telephone
Information Service 0 This service provides Chula Vista Transit (CVT) riders with schedule
information both on CVT and on all fIXed route transit systems operating in the county. On July
I, 1993, SCOOT was dissolved and the agreement for this telephone information service was
changed beginning in FY 1993-94 to be between the City of Chula Vista and SDTc. This fourth
amendment to the agreement for FY1997-98 continues CVT's participation in this Regional
Transit Information System at a cost of $35,640, a 205% decrease from the FY1996-97 cost of
$36,532.
RECOMMENDATION: That Council adopt resolution approving the Fourth Amendment to the
Agreement between the San Diego Transit Corporation and the City of Chula Vista for Unified
Telephone Information System for FYI997-98.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The following transit operators participate in the Regional Telephone Information System operated
by SDTC: San Diego Trolley, North County Transit District, San Diego Transit, County Transit
Suburban, Chula Vista Transit, National City Transit and the Coaster. Chula Vistan's receive
schedule and transfer information on all systems operating in the county. The telephone
information system is available seven days a week between the hours of approximately 5:30 A.M.
and 11:00 P.M.
The total estimated SDTC Transit Information System cost for next year is $1,057,562, a 5.3%
increase over the FY1996-97 cost of $1,003,624. The cost increase is due primarily to additional
staffmg at SDTC. The total system cost is allocated to each transit operator based on the percent
share of calls originating from each operator's service areao These percent allocations are based
on the previous three year total calls answered and are updated annually. As indicated on Exhibit
/¿J-/
Page 2, Item-
Meeting Date 8/12/97
A to the attached agreement, the City ofChula Vista's calls decreased from 3.64% of the total
regional calls in FY1997 to 3.37% in FY1998. The City's share of the FY1997-98 total system
cost is $35,640 (3.37% X $1,057,568). During the thirty-six month period upon which the
percent allocation of calls for each operator is based, which for FY1997-98 is the period from
March 1994 to February 1997, Chula Vista Transit Information calls totaled 136,750, or an
average of 37,986 calls per month (136,750 calls -;- 36 months).
FISCAL IMPACT:
The City of Chula Vista's share of the FY1997-98 Unified Telephone Information System cost
is $35,640. This cost is contained in the Transit Division budget, which is funded by
Transportation Development Act (TDA) Article 4.0 funds and fare box revenue. There are no
City of Chula Vista General Funds used for transit operations.
M, IHOMEIENGINEER IAGENDA IDSO38,BG
FHe No. 0690-85-DS-035
/f}-.2
RESOLUTION NO. ~gv~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FOURTH AMENDMENT TO
AGREEMENT BETWEEN THE SAN DIEGO TRANSIT
CORPORATION (SDTC) AND CITY OF CHULA VISTA FOR
UNIFIED TELEPHONE INFORMATION SYSTEM
WHEREAS, on July 19, 1980, the South Coast Organization
Operating Transit (SCOOT) entered into an agreement with San Diego
Transit Corporation (SDTC) for regional transit telephone
information service; and
WHEREAS, this service provides Chula vista Transit (CVT)
riders with information on CVT schedules and routes and on all
other fixed route transit systems in San Diego County; and
WHEREAS, when SCOOT was dissolved on July 1, 1993, the
agreement for this telephone information service was changed in FY
1993-94 to be between the City of Chula vista and SDTC; and
WHEREAS, this fourth amendment for FY 1997-98 continues
CVT's participation in this regional service at a cost of $35,640.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve the Fourth Amendment to
Agreement between the San Diego Transit Corporation (SDTC) and City
of Chula vista for unified telephone information system, a copy of
which is on file in the office of the city Clerk as Document No.-
- city
BE IT FURTHER RESOLVED that the Mayor of the of
Chula vista is hereby authorized and directed to execute said
Amendment for and on behalf of the city of Chula vista.
Presented by Approved as to form by
John P. Lippitt, Director of
Public Works
C:\rs\SDTC.tel
//7~ J
San Diego Transit -
~
An Operator In the Metropolitan Transit System ~
100 16th Street
P.O. 60x2511
San Oie90, CA 92112
(619) 238-0100
FAX (619) 696-8159 July 16, 1997
Mr. Bill Gustafson
City ofChula Vista
707 F Streett
Chula Vista, CA 91910
Dear Bill:
I have enclosed two copies of the corrected modified 1998 fiscal year telephone information
contract. Please return one signed copy. My apologies for the delay.
If you have any question regarding this agreement, please call me at 238-0100 ext. 451.
~
Roger . P~
Manager - Payroll & Accounting
RAP/dd
Enc1os. -FY98 Contract
JiJ,'I
--.---.-.---- - ..-------- _w_-.--.----- --------
Agreement between the San Diego Transit Corporation (SDTC)
and
City of Chula Vista
for
Unified Telephone Information System
FOURTH AMENDMENT TO THE AGREEMENT
In accordance with Sections 7A and 8 of the above mentioned agreement, the following
changes in the agreement as ofJuly 1, 1997, are hereby agreed upon:
. Recitals
WHEREAS, City operates Chula Vista Transit (CVT), a fixed-route bus
system; and
WHEREAS, SDTC has jointly in the past maintained a Transportation
Information System providing information to telephone callers about CVT
operations and relating to fare, route and other operational information; and
WHEREAS, such a relationship has benefited both SDTC and City in terms
of effectiveness and efficiency; and
WHEREAS, SDTC and City desire to continue this relationship.
NOW, THEREFORE, in consideration of the recitals and the mutual
obligation of the parties set forth herein, SDTC and City agree as follows:
Section 2. Obligations of City
Delete Paragraphs A and B and replace as follows:
A. City agrees to pay to SDTC the sum of thirty-five thousand, six hundred forty
dollars ($35,640) in return for the use of its Telephone Information System (TIS)
to disseminate rider information by telephone during the period of July 1, 1997
through June 30, 1998. The calculation of the $35,640 is shown on Exhibit A
attached to this agreement. This calculation is based upon the number of calls
received for each agency during a 36-month period--which for this year will be
from March 1994 to February 1997--and a first year estimate for the Coaster. This
36-month period will roll forward one year each successive amendment.
/¿;~ý I/¿J~
Fourth Amendment to the Agreement
between SDTC and City ofChula Vista
Page 2
Bo Payment for this sum shall be made on a monthly basis no later than ten (10) days
after receipt of invoice ITom SDTC. Payment for each month shall be the amount
of two thousand, nine hundred seventy dollars ($2,970).
Section 7. Term of Agreement and Termination
De]ete Paragraph A. and replace as follows:
A. This amendment shall become effective at ]2:01 a.m. on Ju]y 1, 1997 and shall
expire at 12:00 midnight on June 30, 1998, unless otherwise terminated as
provided herein, or unless mutually extended by written agreement prior to such
. expiration date.
All other provisions of this agreement shall remain in force.
SAN DIEGO TRANSIT CORPORATION CITY OF CHULA VISTA
by
Mayor
Date: 7/U/í? Date:
I I
Attest:
City Clerk
Approved as to Form:
~
.... ~
ity Arney ".
Attachment: Exhibit A )
J¿fJr-þ
EXHIBIT A
SAN DIEGO TRANSIT CORPORA nON
FISCAL YEAR 1998 TELEPHONE CONTRACTS .
Proposed
FY98 FY98 FY97 FY97
Percema.e Cost Percenta.e ~
CHULA VISTA 3.37% $35.640 3.64% $36,532
COUNTY 5.73% $60.598 6.14% $61,623
NATIONAL CITY 1.34% $14,171 1.64% $16,459
,
NORTH COUNTY 12.22% $129.234 13.72% $137,697
COASTER 5.91% $62,502 4.48% $44.962
SDTC 60.88% 5643.844 59.04% $592,540
TROLLEY 8.33% $880095 8.79% $88,219
MTDB 2.22% 523.478 2.55% 525.592
TOTAL 100.00% 51.057.562 100.00% 51,003,624
/¡J~?
COUNCIL AGENDA STATEMENT
Item//
Meeting Date~
ITEM TITLE: R I' !Ý7Z-f 0 D . B' dS'1 0
eso utlOn pprovmg a etentlOn asm an 1 tatlOn agreement
between the City and Village Development L.L.C. to provide for the
construction, maintenance and operation of detention basins and removal
of silt from said basins and Telegraph Canyon Channel and authorizing the
Mayor to execute said agre~
SUBMITTED BY: Director of Public Works.
61£
REVIEWED BY: City Manager ;; ~ 1 (" (4/Sths Vote: Yes_No...xJ
On November 19, 1996 by Resolution No. 18398, the City approved Tentative Map No. 96-04
for a portion of Villages One and Five of Otay Ranch. The Tentative Map conditions require that,
prior to issuance by the City of a grading permi1, the developer shall enter into agreement with
the City to provide for the construction and maintenance of certain drainage improvements. The
developer is currently processing grading plans with the City and issuance of the grading permit
is anticipated shortly.
RECOMMENDATION: That Council approve the agreement and authorize the Mayor to sign
said agreement.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicableo
DISCUSSION: Currently, Village Development is processing mass grading plans with the City
for a portion of Village One which drains to Telegraph Canyon Channel. Approval of these
grading plans and issuance of the corresponding grading permit are anticipated shortly.
Tentative M¡¡p condition # 54 requires the developer to guarantee the construction, operation and
maintenance of certain new drainage facilities in Telegraph Canyon Channel prior to the issuance
of the grading permit. This condition requires that the developer enter into an agreement with the
City to accomplish the following:
1. Guarantee the construction of a permanent drainage runoff detention facility in Telegraph
Canyon Channel. The purpose of this facility is to reduce the 1O0-year frequency peak
flow from the development to an amount equal to or less than the present flow.
/ /-- /
Page 2, Item-
Meeting Date 8/12/97
2. Provide for the maintenance of the proposed permanent detention basin in Telegraph
Canyon by the developer until such time as maintenance of such facilities is assumed by
the City or an open space district.
3. Provide for the removal of siltation in the proposed permanent detention basin by the
developer until all upstream grading within the development is completed and erosion
protection planting is adequately established as determined by the City Engineer and the
Director of Parks and Recreation.
4. Provide for the removal of any siltation by the developer in the proposed permanent
detention basin, attributable to the development, for a minimum period of five years after
maintenance of the facility is assumed by the City or an open space district.
In satisfaction of Condition # 54, the developer agrees to construct the permanent detention basin
in Telegraph Canyon Channel within a period of three years following Council approval of the
proposed agreement. The developer is required to submit, prior to the approval of the [lIst final "B"
map, bonds in the amount of $500,000 to guarantee the construction of said permanent detention
basin. This bond amount is 200% of the estimated cost of construction of the detention basin since
improvement plans have not been submitted to the City. The agreement also authorizes the City
Engineer to approve a lesser amount if sufficient construction plans or other information is available
to warrant such reduction.
The developer is also proposing the construction of a temporary detention facility which would
provide the necessary drainage mitigation until the permanent detention facility is constructed
(within three years from the approval of this agreement). This temporary facility will be constructed
on private property (outside of Telegraph Canyon Channel) and will be privately maintained. In
compliance with condition #54, the developer has already provided a cash deposit in the amount of
$35,000 to guarantee the operation and maintenance of said temporary facility for a period of three
years to the satisfaction of the City Engineer, in the event the developer fails to perform. The deposit
amount is based on sedimentation rates and costs experienced with similar projects.
Tentative Map Condition # 55 requires that, prior to the issuance of a grading permit, the developer
shall provide for the removal of any siltation, attributable to the development, in the existin¡¡
"naturalized" Telegraph Canyon Channel extending from Paseo Ladera to the eastern boundary of
Otay Ranch SPA One. Condition # 55 requires the developer to enter into an agreement with the City
whereby the developer agrees to the following:
I. Provide for the removal of siltation from the channel until all upstream grading within the
development is completed and erosion protection planting is adequately established as
determined by the City Engineer and Director of Parks and Recreation.
20 Provide for the removal of any siltation from the channel attributable to the development for
a minimum time period of five years after maintenance of the channel is assumed by the City
or an open space district.
/)-.2-
Page 3, Item-
Meeting Date 8/12/97
In compliance with the requirements of Conditions # 54 and 55 regarding the "removal of siltation"
from Telegraph Canyon Channel, the developer is required to submit, prior to the issuance of any
grading permit, a bond in the amount of $180,000 to guarantee the removal of siltation from that
portion of the Telegraph Canyon Channel extending from Paseo Ladera to the eastern Otay Ranch
SPA One boundary (including the proposed permanent detention basin). The City Engineer may
approve that this bond be folded into the "grading bond" required for the mass grading of Phase 2b.
In addition, a cash deposit of $50,000 will be required. This deposit may be used to pay for the cost
of any removal of siltation until the City can collect on the bond in case of default by the developer.
The City is currently processing mass grading plans for a portion of Village One which should be
ready for approval shortly. The grading permit will be ready for issuance after approval of the
grading plans, posting of grading bonds and Council approval of the proposed "detention basin and
siltation" agreement.
The proposed agreement stipulates that the City may withhold building permits for the project if the
developer is determined by the City not to be in compliance with the terms of the agreement. The
agreement has been executed by the developer and approved as to form by the City Attorney.
A plat is available for Council viewing.
FISCAL IMPACT: None. All costs associated with the construction of the proposed drainage
facilities in the Telegraph Canyon Channel will be paid for by the developer. The developer will be
also responsible for maintaining the proposed improvements until said maintenance is assumed by
a maintenance district approved by the City.
Exhibit A - Plat showing area covered by mass grading plans and temporary detention basin. NOT SCANNJ!;D
Attachment I - Detention Basin and Siltation Agreement
h,\home\eng;ne,,\,genda\,g<eepg5.gv
FHe, 07l0-46-P0557
//~3
RESOLUTION NO.~~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A DETENTION BASIN AND
SILTATION AGREEMENT BETWEEN THE CITY AND
VILLAGE DEVELOPMENT L.L.C. TO PROVIDE FOR THE
CONSTRUCTION, MAINTENANCE AND OPERATION OF
DETENTION BASINS AND REMOVAL OF SILT FROM SAID
BASINS AND TELEGRAPH CANYON CHANNEL AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
WHEREAS, on November 19, 1996 by Resolution NO. 18398,
the city approved Tentative Map No. 96-04 for a portion of Villages
One and Five ofOtay Ranch; and
. WHEREAS, the Tentative Map conditions require that, prior
to issuance by the City of a grading permit, the developer shall
enter into agreement with the City to provide for the construction
and maintenance of certain drainage improvements; and
WHEREAS, the developer is currently processing grading
plans with the City and issuance of the grading permit is
anticipated shortly.
-"
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby approve a Detention Basin and
Siltation Agreement between the City and Village Development L.L.C.
to provide for the construction, maintenance and operation of
detention basins and removal of silt from said basins and Telegraph
Canyon Channel, a copy "of which is on file in the office of the
City Clerk as Document No.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized and directed to execute said
Agreement for and on behalf of the City of Chula Vista.
Presented by Approved as to form by
[~Î~~
John P. Lippitt, Director' of John M. Kaheny, City Attorney
Public Works
C:\rs\silt"agr
//-(
~aS-;.997 09:09
/ ~ - HUNSAKER
- -/ -J..r;," r , I - 8. RSSOCIRTES
.. ~-.
T . -.' -- ,~" III ,",ss"", ,
" ~I l;n ~, ",~"
i ~~.
\ EXHIBIT A
\- <.
"~ !:.
,¡ \-.
~1. <
~ t'
~'l.I~'
~~
"-
I
! ,- /' - ¡II
. - - ) / / /' 1 'ic~¡
II - '-c-'-- I I C11\~'
r . ~7' ".... /----. .! !!Ju--
!~;~ ¡ \~:~I\~\ Ilþ-ri A.' . Ì! ~ 1
!' I. I . 'J I ~ ~ ". .. 'l \ t~ ð~
. 'tQf . ~- \~-~ 1\ \~ìJ\~ 1 ¡¡ ¡'
1- t. - I 1\,. ~ ~~. ~ " .
r t'" ~ 4 ~'" ~ ~ r¡
r' ~:M,¿)..."v- ¡ , ¡
1J1, - ~,~:::, ,."",.,r h " . . !
~ I ¿ "-?:-' ~...../1 (..-/ I æ
~~;;;." '-'-:J I
....~ ll- ~ :. \~~~~ ~~:
. ' ,J~1/"'! . <
. ----~I ¡'
.' . - ø D,.J..--.-JI~' I
. ~.
- ~ :-r 5~1
Õ\ \.. ~ ~i~ .
.., -'lD ¥~.
.~ ~ ;) 3 )) ~ ¡- !~~J~
-..} \I. J ~j\I~' . .
\!) ~fš~l!! I ..~
,.I ~ . ~ ~. .
-~~ :h t ~ 1
TOTRL 'P.02 lOr'
Recording Requested by: )
)
CITY CLERK )
)
When Recorded, Mail to: )
)
CITY OF CHULA VISTA )
276 Fourth Avenue )
Chula Vista, CA 91910 )
)
------------------------------------------------------------------
DETENTION BASIN AND SILTATION AGREEMENT
,
This Agreement is made by and between Otay Ranch, L.P., a
California limi ted partnership, referred to herein as
("Developer"), and the City of Chula Vista, a California municipal
corporation ("city"), with reference to the following facts:
RECITALS
A. Developer owns approximately 819.6 acres ("Project") of
that certain real property, as more particularly described in
Exhibit "A" (Legal Description) and as shown on Exhibit "A-I",
located within a portion of what is commonly known as Villages One
and Five of the Otay Ranch planned community.
B. On October 28, 1993, the Chula Vista City Council,
pursuant to Resolution No. 17298, and in accordance with the
California Environmental Quality Act ("CEQA") (Pub. Resources Code
section 21000 et seq.), certified the Final Program Environmental
Impact Report for the GDP, SCH #9010154 ("Program EIR 90-01" or
"Program EIR"), made certain Findings of Fact, adopted a Mitigation
Monitoring and Reporting Program, and adopted a Statement of
Overriding Considerations.
C. On June 4, 1996, the city approved the Otay Ranch
Sectional Planning Area Plan, including the Otay Ranch Public
Facilities Financing Plan for Villages One and Five by Resolution
Number 18304, relying on the Otay Ranch SPA One Plan Final Second
Tier Environmental Impact Report 95-01 and the first Addendum.
D. On November 19, 1996, the City approved a Tentative Map,
Tract 96-04, for a portion of Villages One and Five by Resolution
Number 18398-2 and recertifying EIR 95-01. On March 25, 1997, the
city Council, pursuant to Resolution 18613, approved the second
portion of the Otay Ranch SPA One Tract 96-04. (Herein referred to
as the "Project's Tentative Map")
//c ~ / II-?
E. Condition number 54 of the Project's Tentative Map, as
more particularly set forth on Exhibit "B", requires the Developer
to guarantee the construction of a drainage facility and guarantee
the operation and maintenance of any temporary runoff detention
basin that may be approved by the City Engineer.
F. Condition Number 55 of the Project's Tentative Map, as
more particularly set forth on Exhibit "B", requires the Developer
to provide for the removal of siltation from the existing
naturalized Telegraph Canyon Channel and the Detention Basin; and
G. Whereas, the City Engineer had determined that a temporary
runoff detention basin, as described in Condition number 54 of the
Project's Tentative Map, and as shown on Chula vista Drawings No.
97-422 thru 97-431 is sufficient as of the date of this Agreement
to temporarily service Phase 2b of the Otay Ranch SPA One Project.
. NOW THEREFORE BE IT RESOLVED that the Parties agree as
follows:
1. Defined Terms. As used herein, the following terms shall mean:
1.1 "Complete Construction" shall mean that construction of
the improvements have been completed and have been inspected and
accepted by the City.
1.2 "Final 'B' Map" shall mean any final subdivision map for
all or any portion of the Property other than the Superblock Final
Maps commonly referred to in Chula vista as an "A" Map.
1.3 "Maintain" or "Maintenance" shall mean to furnish, or the
furnishing of, services and materials for the ordinary and usual
maintenance required for the operation of any detention basin or
similar type of improvement or as set forth in a City approved
maintenance program. '
1.4 "Maintenance District" shall mean a special district
established by the City pursuant to State law.
2. Condition No. 54 - Drainage Facility. Developer understands
and agrees that Developer shall be required to comply with the
provisions of Condition 54 with the first final "B" map or grading
permit for that land draining into Poggi Canyon and with respect to
that portion of Condition 54 which requires bonding for
improvements related to the Telegraph Canyon Channel. However, in
partial satisfaction of Condition No. 54 of the Project's Tentative
Map, with respect to land draining into Telegraph Canyon Channel,
the Developer agrees to the following:
2
jj- ?
2.a. Improvement Work.
i. Developer agrees to construct, at its sole expense,
a runoff detention basin in the Telegraph Canyon Channel, as
approved by the City Engineer (herein referred to as "Detention
Basin") to service the Project. Developer shall construct the
Detention Basin in strict conformity and in accordance with the
plans and specifications, approved by the City Engineer. The plans
and specifications for the construction of the Detention Basin, the
grading plans for the Detention Basin, and plans for any crossings
of the Telegraph Canyon Channel shall be reviewed by an engineer,
designated by the City Engineer, who has hydraulic engineering
expertise ("Appointed Engineer"). The appointed Engineer shall
review such plans to ensure that potential flows from the
corresponding development will be compatible with the flow
characteristic assumptions for those portions of Telegraph Canyon
Channel included in the Agreement Regarding Maintenance of the
. Telegraph Canyon Drainage Channel adopted by City Council
Resolution No. 18619. Developer agrees to alter its plans and make
all such corrections recommended by the Appointed Engineer. The
costs associated with the review of said plans by the Appointed
Engineer shall be paid by the Developer.
ii. Developer shall construct the Detention Basin at the
location identified as Alternative 1 or Alternative 2 on Exhibit A-
I as directed by the City Engineer or at another site determined in
the sole discretion of the City Engineer. Developer understands
and agrees that Developer is responsible for obtaining all
necessary permits, approvals and certifications, if any, from the
applicable federal and/or state agencies, including but not limited
to the California Department of Fish and Game and/or the U.S. Army
Corps of Engineers and the Federal Emergency Management
Administration. Developer shall complete construction of the
Detention Basin on or before the third anniversary date of the City
Council's approval of this Agreement~ It is expressly understood
and agreed to by Developer that, in the performance of construction
of said Detention Basin, Developer shall conform to and abide by
all of the provisions of the ordinances, standards and policies of
the City of Chula Vista, the laws of the State of California and
federal law as applicable to said work.
2.b. Bondinq.
i. Prior to the first final "B" map for the Project, as
required by Condition No. 54, Developer agrees to furnish and
deliver to the City of Chula Vista, and to thereafter maintain
until City's acceptance of the Detention Basin, improvement
securities from a sufficient surety, whose sufficiency has been
approved by the city, for the sums set forth on Exhibit "C", to
guarantee the faithful performance in connection with the installa-
tion of the Detention Basin, and to secure the payment of material
and labor in connection with such installation. Developer
3
//--6
understands and agrees that the city shall not approve the first
Final "B" Map until the bonds or the other form of security has
been delivered and approved as sufficient by the city.
ii. Developer acknowledges and agrees that if the
Detention Basin is not completed within the time agreed herein, the
sums provided by said improvement securities may be used by City
for the completion of the Detention Basin in accordance with those
plans and specifications approved by the City Engineer, or at the
option of the City, for such improvements that are less than, but
not greater to, the sums provided by said improvement securities.
Developer also agrees that the City may take any and all actions
necessary, in order to obtain the funds necessary for completion of
the Detention Basin. Upon certification of completion by the city
Engineer and acceptance of said work by the City, and after
certification by the Director of Public Works that all costs hereof
are fully paid, the whole amount, or any part thereof not required
'for payment thereof, may be released to the Developer or its
successors in interest, pursuant to the terms of the improvement
security. Developer agrees to pay to the City any difference
between the total costs incurred to perform the work, including but
not limited to reasonable design and administration of construction
in substantial conformance with the approved plans (including a
reasonable allocation of overhead), and any proceeds from the
improvement security.
iii. The City Engineer may, in his sole discretion,
reduce the bond requirement described herein, by an appropriate
amount determined by the City Engineer if it is determined by the
City Engineer that the construction costs for the Detention Basin
has been reduced. In addition, Developer may request that another
form of equivalent security, such as a letter of credit or cash,
acceptable to the City in its sole discretion, be substituted for
the bonds described herein. Developer understands and agrees that
such substitution is in the sole discretion of the City.
2.c. Developer's Costs and Expenses. It is also expressly
agreed and understood by the parties hereto that in no case will
the City of Chula Vista, or any department, board or officer
thereof, be liable for any portion of the costs and expenses of the
work aforesaid, nor shall the City or the City's officer, sureties
or bondsmen, be liable for the payment of any sum or sums for said
work or any materials furnished therefor.
2.d. Guarantee Construction. Developer understands and agrees
that until such time as the Detention Basin is fully completed and
accepted by the city, Developer shall be responsible for the care
and any damage to said improvement. It is further understood and
agreed that Developer shall guarantee the Detention Basin for a
period of one year from the date of its final acceptance by the
City and correct within said period any and all defects and/or
deficiencies arising during this period as a result of the acts or
4
//~ <7
omission of Developer, its agents or employees in the performance
of this Agreement. Upon acceptance of the work by the City,
Developer shall grant to City, by appropriate conveyance, the
Detention Basin constructed pursuant to this agreement; provided,
however, that said acceptance shall not constitute a waiver of
defects by the city as set forth hereinabove. Prior to acceptance
of the Detention Basin, Developer shall provide the City with an
improvement security, from a sufficient surety, approved by the
City, in the amount set forth in Exhibit "C", to guarantee the
Detention Basin from all defects and/or deficiencies for this one
year period. Developer acknowledges and agrees that if any
defects or deficiencies arising during this period is not cured
within the time agreed herein, the sums provided by said improve-
ment security may be used by the City for the completion of such
work. Developer agrees to pay to the city any difference between
the total costs incurred to perform the work, and any proceeds from
the improvement security.
.
2.e. Maintenance obliqation- 54(d). Developer shall
Maintain, or cause to be Maintained the Detention Basin until the
earlier to occur of (a) the acceptance of 100% of the Maintenance
for said improvement by an established Maintenance District(s); or
(b) the City's acceptance of Maintenance for such improvement.
Nothing herein shall be construed as affecting the obligation of
Developer to remove siltation from the Telegraph Canyon Channel as
more fully described in paragraph 4 of this Agreement. Developer
shall provide the City with improvement securities concurrent with
the Developer's submittal to the City of the Maintenance Program,
in the amounts to be determined by the city, in its sole
discretion, to guarantee the maintenance of the Detention Basin,
erosion control facility and associated improvements. In the event
of Developer's default in the performance of its maintenance
obligations, Developer agrees to pay to the City any difference
between the total costs incurred by the City to perform such
maintenance work, and any proceeds from the improvement security.
2.f. Maintenance Proqram - (54) (b). Developer shall prepare,
for city's approval, prior to the issuance of the grading permit
for the Detention Basin or other approval for the construction of
the Detention Basin, a maintenance program for the maintenance of
the Detention Basin (hereinafter referred to as "Permanent
Maintenance Program") that shall include, but is not limited to:
a) an operations manual describing the maintenance program and
responsibilities to be performed by the Developer for the ordinary
and usual maintenance and operation of the Detention Basin, b) an
estimate of the cost of such maintenance operations, and c) a
mechanism for financing said maintenance activity. Developer is
responsible for obtaining the approval of the Permanent Maintenance
Program from the applicable federal or state agencies, including
but not limited to the California Department of Fish and Game
and/or the U.S. Army Corps of Engineers.
5
//-/C
3. Condition No. 54 - Temporary Detention Basin. In partial
satisfaction of Condition No. 54 of the Project's Tentative Map,
the Developer also agrees to the following:
3.a. Construction - (54) (a) (2). Developer agrees to
construct a private temporary runoff detention basin, or such other
facility approved by the city Engineer, to reduce the quantity of
runoff from Phase 2b of Otay Ranch SPA One, to an amount equal to
less than the present 100 year peak flow ("Temporary Facility").
Developer shall construct the Temporary Facility in strict
conformity and in accordance with the plans and specifications,
approved by the City Engineer. The Temporary Facility shall comply
with all the provisions of the National Pollutant Discharge
Elimination System and the Clean Water Program. Developer
understands and agrees that Developer is responsible for obtaining
all necessary permits, approvals and certifications, if any, from
the applicable federal or state agencies, including but not limited
'to the California Department of Fish and Game and/or the U.S. Army
Corps of Engineers. Developer shall complete construction of the
Temporary Facility within one year after the City's issuance of the
first grading permit for the Project. Developer understands and
agrees that the Temporary Facility is being constructed to service
only Phase 2b of the Otay Ranch SPA One Project and only until the
Detention Basin is completed as provided in this Agreement.
Developer agrees to remove the Temporary Facility once the
Detention Basin is operational as determined by the City Engineer.
3.b. Maintenance Proqram - (54) (b). Developer shall include
a maintenance program for the Temporary Facility, for the City's
approval, on the grading plans for the Temporary Facility.
Developer shall be responsible if necessary, for obtaining the
approval for such maintenance program from the applicable federal
or state agencies, including but not limited to the California
Department of Fish and Game and/or the U.S. Army Corps of
Engineers.
3.c. Maintenance - (54) (a) (2). Developer shall operate and
maintain the Temporary Facility to the satisfaction of the City
Engineer until such time as the construction of the Detention Basin
has been Completed and accepted by the city. Developer understands
and agrees that Developer shall be solely responsible for the
maintenance and operation of the Temporary Facility and any
liability resulting therefrom. Developer shall provide the city
with improvement securities, in accordance with paragraph 6 below,
to guarantee Developer's maintenance obligations hereunder. In
the event of Developer's default in the performance of its
maintenance obligations, Developer agrees to pay to the City any
difference between the total costs incurred by the City to perform
such maintenance work, and any proceeds from the improvement
security.
6
//~//
4. Condition No. 54 & 55 - Siltation Removal. Developer
understands and agrees that Developer shall be required to comply
with the provisions of Condition 54 of the Project's Tentative Map,
prior to the first final "E" map or grading permit for land
draining into Poggi Canyon. However, in partial satisfaction of
Condition No. 54 and 55 of the Project's Tentative Map, with
respect to land draining into Telegraph Canyon Channel, the
Developer agrees to the following:
4.a. Siltation Removal. Until all upstream grading within
the Project is completed and erosion protection planting is
adequately established as determined by the City Engineer and
Director of Parks and Recreation, the Developer agrees to remove
siltation from the following areas: a) the existing Telegraph
Canyon Channel that extends from Paseo Ladera to the eastern SPA
One boundary as more particularly shown on Exhibit "A-l"; and b)
the Detention Basin. In addition Developer shall remove siltation
'attributable to the Project from the following: a)the Detention
Basin for a period of five years after Maintenance of the Detention
Basin is assumed by the City or by a Maintenance District, and b)
the existing Telegraph Canyon Channel for five years after the date
the City assumes maintenance of said Channel pursuant to the
"Agreement Regarding Maintenance of the Telegraph Canyon Drainage
Channel," adopted by City Council Resolution No. 18619. The City
Engineer shall be solely responsible for determining if any
siltation is attributable to the Project.
4.b. Improvement Securities. Developer shall provide the
City with improvement securities, in accordance with paragraph 6
below, to guarantee Developer's siltation removal obligations
hereunder. In the event of Developer's default in the performance
of its siltation removal obligations, Developer agrees to pay to
the City any difference between the total costs incurred by the
City to perform such desiltation work, and any proceeds from the
improvement security.
5. Reimbursement District. Developer understands and agrees that
the City may require an alternative property owner to construct a
detention basin which may benefit and provide service to
Developer's property. In the event this occurs, the Developer
agrees not to protest the formation of an assessment district,
reimbursement district, or some other financing district, if such
a district is formed, which would spread the proportionate share of
the cost of constructing said facility among the property owners
benefiting from the facility, which may include the Developer.
Developer also agrees not to protest the formation of an assessment
district or other financing mechanism for the maintenance of such
facility, if established by the City. This Agreement not to
protest the inclusion of this public improvement within an
assessment district shall not be deemed a waiver of the right to
challenge the amount of any assessment which may be imposed due to
this improvement.
7
//-/2
If the Developer constructs or begins construction of the
Detention Basin, and requests the City to form a reimbursement
district, the City staff shall use its best efforts to process and
present to the City Council for its consideration the formation of
such reimbursement district to cover the areas serviced by the
Detention Basin. City shall use its best efforts to
proportionately allocate the cost of the construction of the
Detention Basin among existing and new development that may benefit
from the Detention Basin, as such benefit is determined in the
City's sole discretion. Such efforts may include subject to all
applicable laws including, without limitation, applicable public
hearing and approval requirements. City's obligation to consider
adoption of such reimbursement district shall be discharged by City
holding public hearings as required by the City's Municipal Code
and policies. City reserves the right to approve or disapprove
such a district in its sole and unfettered discretion and City's
disapproval thereof shall not constitute a default hereunder.
'
6. security for Performance.
6.1 Cash Deposit. Prior to the City's issuance of the first
grading permit for the Project, Developer shall provide City with
a cash deposit for Developer's Maintenance obligations under this
Agreement, including the desiltation obligations ("Security
Deposit") in the sums set forth in Exhibit "C". City shall hold
the Security Deposit for the duration of Developer's maintenance
obligations hereunder, and expend such deposit solely for purposes
of said maintenance obligations in the event of Developer's default
in the performance of such obligations. Should the City expend the
cash deposit due to Developer's default of its performance
obligations, Developer agrees to redeposit the equivalent sum of
money needed to equal the amount of the deposit required by this
Agreement, as set forth in Exhibit "C", within 30 days of the
City's request for such deposit. All interest earnings on the
Security Deposit shall be retained by'the City during this period.
Except as provided in the Section below, any unexpended amount of
the Security Deposit, including any interest earned, shall be
released and remitted to Developer upon the termination of its
Maintenance obligations as set forth in this Agreement.
6.2 Bonds. Prior to the City's issuance of the first
grading permit for the Project, Developer shall provide City with
bonds for a series of two year terms starting from the date of
issuance of said grading permit, in order to guaranty its annual
maintenance obligations in accordance with the provisions of this
Agreement and in the amounts more fully set forth in Exhibit "C".
The Maintenance Bond(s) shall be issued by a surety with a Bests A-
V rating or better and shall be in a form approved by the City
Attorney. The city Engineer, will review Developer's security
provided herein every two years, when the bond expires and must be
renewed by Developer. The City recognizes bonds are issued for a
two year period, however it will be the responsibility of Developer
8
////3
to ensure that at no time will Developer leave a gap in providing
security for its outstanding obligations. Developer understands
and agrees that the City shall not issue any grading permits until
the bonds and cash deposit have been delivered and approved as
sufficient by the city.
At the bond renewal time, the City Engineer may reduce the
bond requirement by an appropriate amount determined by the City
Engineer if it is determined by the city Engineer that the
maintenance obligations have been reduced. In addition, Developer
may request that another form of equivalent security, such as a
letter of credit or cash, acceptable to the City in its sole
discretion, be substituted for the bonds described herein.
Developer understands and agrees that such substitution is in the
sole discretion of the city.
6.3 Refund. In the event that the annual Maintenance costs
.1 are reduced, the City Engineer may review at Developer's request to
reduce, proportionately, the amount of the Security Deposit and/or
Maintenance Bond required by this Section. City shall not
unreasonable withhold approval of such request.
7. Building Permits. Developer understands and agrees that the
performance of Developer's obligations hereunder is required for
the health and safety of the residents of the City of Chula Vista.
Therefore, Developer agrees that the City shall have the absolute
and unfettered right to withhold the issuance of any building
permit for any residential units within the Project if the
Developer is determined by the City not to be in compliance with
the terms of this Agreement.
8. Successors - Release.
a. Agreement Binding upon Successors. This Agreement shall
be binding upon and inure to the benefit of the successors, assigns
and interests of the parties as to any or all of the real property,
described herein as the Project, until released by the mutual
consent of the parties.
b. Agreement Runs with the Land. The burden of the
covenants contained in this Agreement ("Burden") is for the benefit
of the Project and the City, its successors and assigns and any
successor in interest thereto. City is deemed the beneficiary of
such covenants for and in its own right and for the purposes of
protecting the interest of the community and other parties public
or private, in whose favor and for whose benefit of such covenants
running with the land have been provided without regard to whether
city has been, remained or are owners of any particular land or
interest therein. If such covenants are breached, the City shall
have the right to exercise all rights and remedies and to maintain
any actions or suits at law or in equity or other proper proceed-
9
)J//ý
ings to enforce the curing of such breach to which it or any other
beneficiaries of this agreement and the covenants may be entitled.
c. Release of Individual Lots. Upon the conveyance of a
residential lot to a buyer of an individual housing unit or the
conveyance of a common area lot to a Homeowner Association,
Developer may have the right to obtain a release for such lot from
the Developer's obligations under this Agreement, provided
Developer obtains the prior written consent of the City to such
release. The city shall not withhold its consent to such release
so long as the city finds that the Developer is in compliance with
the terms of this Agreement and that such partial release will not
jeopardized the City's assurance that the obligations set forth in
this Agreement will be performed.
9. Miscellaneous Provisions.
. 9.1 Attornevs' Fees. In the event that either Party
commences litigation for a specific performance or damages for
breach of this Agreement, the prevailing party shall be entitled to
a judgment against the other for an amount equal to reasonable
attorneys' fees and court costs incurred.
9.2 Indemnification. Developer further understands and
agrees that City, as indemnitee, or any officer or employee
thereof, shall not be liable for any injury to person or property
occasioned by reason of the acts or omissions of Developer, its
agents or employees, or indemnitee, related to the construction of
the Detention Basin and the Temporary Facility and Developer's
maintenance activities. Developer further agrees to protect and
hold the City, its officers and employees, harmless from any and
all claims, demands, causes of action, liability or loss of any
sort, because of or arising out of acts or omissions of Developer,
its agents or employees, or indemnitee, related to the construction
of the Detention Basin and the Tempdrary Facility and Developer's
maintenance activities. The approved improvement securities
referred to above shall not cover the provisions of this paragraph.
Such indemnification and agreement to hold harmless shall extend to
damages to adjacent or downstream properties or the taking of
property from owners of such adjacent or downstream properties as
a result of Developer's construction and maintenance activities as
provided herein. It shall also extend to damages resulting from
diversion of waters, change in the volume of flow, modification of
the velocity of the water, erosion or siltation, or the modifica-
tion of the point of discharge as the result of the construction of
the Detention Basin and Temporary Facility and maintenance
activities. The approval of plans for the Detention Basin and
Temporary Facility and any related improvements shall not
constitute the assumption by City of any responsibility for such
damage or taking, nor shall city, by said approval, be an insurer
or surety for the construction of the Detention Basin and Temporary
Facility and any related improvements. The provisions of this
10
///¡Ç
paragraph shall become effective upon the execution of this
Agreement and shall remain in full force and effect regardless of
the City's acceptance of the Detention Basin.
9.3 Entire Aqreement. This Agreement, together with any
other written document referred to or contemplated herein, embody
the entire Agreement and understanding between the parties relating
to the subject matter hereof and any and all other prior or
contemporaneous oral or written agreements are hereby superseded.
This Agreement may be amended, but only pursuant to a written
amendment properly authorized and executed by both parties hereto.
9.4 Compliance with Laws. In the performance of its
obligations under this agreement Developer shall comply with any
and all applicable federal, state and local laws, regulations,
policies, permits and approvals.
9.5 Exhibits. All attached Exhibits referred to herein are
hereby incorporated herein by this reference.
9.6 Term. This agreement shall remain in effect for so long
'as either party has executory obligations hereunder.
9.7 Recordinq. The parties hereto shall cause this
Agreement to be recorded in the Official Records of the County of
San Diego.
9.8 Assiqnment. The obligations of the Developer under this
Agreement shall not be assigned in whole or in part, without the
express written consent of the City.
9.9 Authoritv of Siqnatories. Each signatory and party
hereto hereby warrants and represents to the other party that it
has legal authority and capacity and direction from its principal
to enter into this Agreement, and that all resolutions and/or other
actions have been taken so as to enable it to enter into this
Agreement.
9.10 Termination. Upon the termination of this Agreement
pursuant to Section 9.6 hereof, at the request of Developer or any
successor in interest who owns any portion of the Project
encumbered by this Agreement, the City shall execute an instrument
in recordable form which evidences the termination of this
Agreement and confirms the release of the Project from the
encumbrance of this Agreement.
[NEXT PAGE IS SIGNATURE PAGE]
11 //~/ t
IN WITNESS WHEREOF, the parties have entered into this
Agreement as of the day and year first above written.
Dated: CITY OF CHULA VISTA
a municipal corporation
By:
Mayor Shirley Horton
Attest:
Beverly Authelet, City Clerk
, Approved as to form:
John M. Kaheny, City Attorney
Dated:
By:
[name of person, title]
By:
[name of person, title]
H,IHomolAttomoyIBu;,,3
Augu,¡7,1997(IU9.m)
12 JJ-J;;
JUL 31 '97 09:08AM VILLAGE DEVELOPMENT P.2/2
OTA Y RANCH L.P. SIGNATURE FOR THE
DETENTION BASIN AND SILTATION AGREEMENT
(Chula Vista Tentative Map Tract 96-04)
THE OTA Y RANCH, L.P.,
a California limited partnership,
by Sky Communities, Inco,
a California corporation,
its general partner
i
BY; ;-~þS¡ij~
es P. Baldwin, President
//~/¡/
List of Exhibits to be Prepared by Engineering
Exhibit A....Legal Description
Exhibit A-1..Location P]at
Exhibit B....Conditions of Tentative Map Approval, condition 54 and 55
Exhibit C....List of Improvement Securities; purpose and amounts
.
13 //,/1
EXHIBIT "A"
LEGAL DESCRIPTION
THOSE PORTIONS OF QUARTER SECTIONS 14, 15, 16,37,38,39 AND 41 OF RANCHO
DE LA NACION, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA ACCORDING TO MAP THEREOF NO. 11, MADE BY MORRILL ON FILE IN THE
OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, BEING DESCRIBED
AS FOLOWS:
BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF PASEO RANCHERO
. AND THE SOUTHERLY LINE OF TELEGRAPH CANYON ROAD AS SHOWN ON THE
REVISED TENTATIVE MAP FOR PORTIONS OF THE OTAY RANCH SPA 1, CHULA VISTA
TRACT 96-04, APPROVED BY CITY COUNCIL ON NOVEMBER 19, 1996, BY RESOLUTION
NO. 18398; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID PASEO
RANCHERO TO ITS INTERSECTION WITH THE SOUTHERLY LINE OF EAST ORANGE
AVENUE, AS SHOWN ON SAID REVISED TENTATIVE MAP; THENCE EASTERLY AND
NORTI'iEASTERL Y ALONG THE SOUTHERLY LINE OF EAST ORANGE AVENUE TO ITS
INTERSECTION WITH THE EASTERLY LINE OF SAID QUARTER SECTION 14; THENCE
NORTHERLY ALONG THE EASTERLY LINE OF QUARTER SECTION 14 AND THE
EASTERLY LINES OF QUARTER SECTIONS 15 AND 16 TO THE SOUTHERLY LINE OF
TELEGRAPH CANYON ROAD AS SHOWN ON SAID REVISED TENTATIVE MAP; THENCE
SOUTHWESTERLY AND WESTERLY ALONG SAID SOUTHERLY LINE TO THE POINT OF
BEGINNING. .'
TOGETHER WITH THAT PORTION OF THE FRACTIONAL SOUTHWEST QUARTER,
SECTION 3. AND THAT PORTION OF THE NORTHWEST QUARTER, SECTION 3, AND
THAT PORTION OF LOTS 1,2 AND 3 IN SECTION 4. TOWNSHIP 18 SOUTH. RANGE 1
WEST. SAN BERNARDINO MERIDIAN AND THAT PORTION OF THE SOUTHWEST
QUARTER, SECTION 34, TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO
. MERIDIAN. ALL IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTON OF THE SOUTHERLY LINE OF OTAY LAKES ROAD
AND THE WESTERLY LINE OF FRACTIONAL SECTION 4; THENCE SOUTHERLY ALONG
PAGE 1 OF 2 / 20
:DMS I\PCSERVER\mappingllegalsI0025\236\236A05.doc / -
we 0025-236 8/5/97
THE WESTERLY LINE OF SAID SECTION 4 TO ITS INTERSECTION WITH THE
SOUTHERLY LINE OF EAST ORANGE AVENUE, AS SHOWN ON SAID REVISED
TENTATIVE MAP; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID ORANGE
AVENUE TO ITS INTERSECTION WITH THE WESTERLY LINE OF THE PROPOSED STATE
HIGHWAY SR-125; THENCE NORTHEASTERLY ALONG THE WESTERLY LINE OF SAID
PROPOSED HIGHWAY TO ITS INTERSECTION WITH THE SOUTHERLY LINE OF SAID
OTAY LAKES ROAD; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID OTAY
LAKES ROAD TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THOSE PORTIONS LYING WITHIN THE PROPERTIES
DESCRIBED TO THE OTAY MUNICIPAL WATER DISTRICT BY DEEDS RECORDED
'
SEPTEMBER 15, 1965 AS FILE NO. 167296. SERIES 6, BOOK 1965 AND RECORDED
SEPTEMBER 30,1965 AS FILE NO. 177739, SERIES 6. BOOK 1965 AND RECORDED
NOVEMBER 20,1991 AS FILE NO. 91-0599686 AND RECORDED SEPTEMBER 3,1993 AS
FILE NO. 1993-0585947 AND RECORDED FEBRUARY 17, 1994 AS FILE NO. 1994-0111823,
ALL OF OFFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION OF SAID NORTHWEST QUARTER,
SECTION 3, AND THAT PORTION OF SAID SOUTHWEST QUARTER, SECTION 34
LYING NORTHEASTERLY OF THE SOUTHEASTERLY LINE OF THE SECOND SAN DIEGO
AQUADUCT AS DESCRIBED IN DOCUMENT RECORDED OCTOBER 3, 1983 AS FILE NO.
83-353519, OF OFFICIAL RECORDS.
PAGE 2 OF 2 / /--- ).. /
: DMS \\PCSERVERlmapping\Leg als 10025\236\236A05.d DC
we 0025-236 8/5197
- ~ .~ . \~'"-::-~' ¡ ^ i; ¡;7 I ;
u - ~ '. '-, @ ,uD[~L ~ - o~
;ê-.~ .", o' : ","'- ~ ~ it
'" .S! '" ,-j" ::r: « :;¡ ¡¡~;;:
UJ ~ ,3;3; ~ u ;.. 6t;~
0:: 00 >- "' "' w,.."';":" Z :;: ~"'"
i3 CJ ê ;§ ;§ ô@ >¿ ..... r- 8 '~~ ~
- """"<,"c,' ...... - '" """,-~
u. ZWi;Jo.o.,', a::f'oI'\ ~~'<"
¡¡¡""",o" LL.I 5"'~
~ t;; is iSf >- - ~~~;
¡;¡ E'i go go~ <2::r: f:! ¡¡¡~~
- --)-/- ;¿~.~--~ 5 [¡j I ,Hi
~' , ~ Ii
/ ~ ,
,'--
.
- -~, :-:;l~~'
- -
-'-
¡:,^nIDI I D
Detention Basin and Siltation Agreement
54. Prior to approval of (1) the first final 'B"Map or grading pennit for land draining into the
Poggi Canyon or (2) the first final 'E" Map or grading pennit which requires construction of Santa
Madera between Telegraph Canyon Road and Morgan Hill Drive ("Temporary Roadway"), the
developer shall:
a. Guarantee the construction of the applicable drainage facility, unless otherwise
approved by the City Engineer as follows:
1. Runoff detention/desilting basin and naturalized channel in Poggi Canyon; or
2. Runoff detention Basin in Telegraph Canyon Channel
The City Engineer may approve that these facilities are constructed at a later time if the
developer provides private temporary runoff detention basins or other facilities,
approved by the City Engineer, which would reduce the quantity of runoff ITom the
.\ development to an amount equal to less than the present 100 year flow. Said
temporary facilities shall comply with all the provisions of the National Pollutant
Discharge Elimination System (NPDES) and the Clean Water Program. Prior to
issuance of any grading pennit which approves any temporary facility, the developer
shall enter into an agreement with the City to guarantee the adequate operation and
maintenance (0 & M) of said facilityo The developer shall provide security satisfactory
to the City to guarantee the 0 & M activities, in the event said facilities are not
maintained to City standards as detennined by the City Engineer.
The developer shall be responsible for obtaining all pennits and agreements with the
environmental regulatory agencies required to perform this work.
b. Prepare a maintenance program including a schedule, estimate of cost, operations
manual and a financing mechanism for the maintenance of the applicable facilities. Said
program shall be subject to approval of the City Engineer, the Director of Parks and
Recreation, and the applicable environmèntal agencies.
c. Enter into an agreement with the City of Chula Vista and the applicable environmental
agencies (Fish and Game, Fish and Wùdlife) wherein the parties agree to implement the
maintenance program.
d. Enter into an agreement with the City where the developer agrees to the following:
1. Provide for the maintenance of the proposed detention basin in Telegraph
Canyon and the proposed naturalized channel and detention basin in Poggi
Canyon until such time as maintenance of such facilities is assumed by the City
or an open space district.
2. Provide for the removal of siltation in the Telegraph and Poggi Canyon
Channels (including detention basins) until all upstream grading within the
development is completed and erosion protection planting is adequately
j /-.2;)/// -.23 Page 1 of 2
~^nIUII U
Detention Basin and Siltation Agreement
established as detennined by the City Engineer and Director of Parks and
Recreation.
3. Provide for the removal of any siltation in the Telegraph and Poggi Canyon
Channels (including detention basins) attributable to the development for a
minimum period offive years after maintenance of the facility is assumed by the
City or an open space district.
55. Enter into an agreement with the City, prior to approval of the first final 'B"Map or grading
permit for land draining into the existing Telegraph Canyon Channel, where the developer agrees to
penonn the following activities within the portion of said existing channel extending ITom Paseo
Ladera to the eastern subdivision boundary:
a. Provide for the removal of siltation until all upstream grading within the development is
. completed and erosion protection planting is adequately established as determined by
the City Engineer and Director of Parks and Recreation.
b. Provide for the removal of any siltation attributable to the development for a minimum
period offive years after maintenance of the channel is assumed by the City or an open
space district.
///;2-1 Page 2 of 2
EXHIBIT "C"
SECURITY REQUIREMENTS
DETENTION BASIN AND SILTATION AGREEMENT
PERMANENT DETENTION BASIN
1. CONSTRUCTION (Paragraph 2.b of the agreement)
* Faithful Perfonnance Bond Bond (tenn = 3 years) in the amount of
$250,000 to be submitted prior to the
approval of the first final "B" map. The
City Engineer may approve a lesser amount
if sufficient data or other infonnation is
. available to warrant such reduction.
* Materials & Labor Bond Bond (tenn = 3 years) in the amount of
$250,000 to be submitted prior to the
approval of the rust final "B" map. The
City Engineer may approve a lesser amount
if sufficient data or other infonnation is
available to warrant such reduction.
These bond amounts have been estimated at 200% of the construction cost
estimate of the detention basin since improvement plans have not been submitted
to the City.
2. CONSTRUCTION GUARANTY (Paragraph 20d of the agreement)
* Guaranty Bond Bond (tenn = I year) in the amount of 15%
of the construction cost of the detention
basin to be submitted prior to the final
acceptance of the pennanent detention basin
by the City.
3. MAINTENANCE (Paragraph 2.e of the agreement)
* Maintenance BondlDeposit Adequate security in the amount approved
by the City would be submitted concurrent,
with the submittal to the City of the
Maintenance Program for the pennanent
detention basin.
I
JJ--~~
Exhibit "C"
Security Requirements
Detention Basin and Siltation Agreement
TEMPORARY DETENTION BASIN
1. MAINTENANCE (paragraph 3.c of the agreement)
. Cash Deposit Cash deposit in the amount of $35,000 to be
submitted prior to the issuance of the pennit
for the mass grading of Phase 2bo
TELEGRAPH CANYON CHANNEL
.
1. REMOVAL OF SILTATION (paragraph 4.b of the agreement)
. Cash Deposit Cash deposit in the amount of$50,000 to be
submitted prior to the issuance of the pennit
for the mass grading of Phase 2b.
. Maintenance Bond Bond (series of two year tenus) in the
amount of$180,000 to be submitted prior to
the issuance of the pennit for the mass
grading of Phase 2b. The City Engineer
may approve that this bond be folded into
the "grading bond" required for the mass
grading of Phase 2b.
m: \home \engineer\1 anddev\or3 8..1 dt
2
/ / - ~þ
COUNCIL AGENDA STATEMENT
Item /:2..
~ Meeting Date 08/12/97
ITEM TITLE: Resolution) f{'? ';i Accepting Bids, Waiving Minor Bid Irregularities, and
Awarding Landscape Maintenance Contracts for Open Space Districts 11,
14, 15 and 24 to R C's Landscape Maintenance
SUBMITTED BY: Director of Parks, Recreation and Open spa,¥, ~
Director of Finance ~
REVIEWED BY: City Manager (; l" / \. (4I5ths Vote: Yes - No 10
k \ J
"
Request for bids to provide landscape maintenance services for Open Space Districts 11, 14, 15
and 24 were let on May 28, 1997. These districts went out to bid because their existing contracts
had come to term and expired June 30, 1997. Forty-eight potential bidders were contacted,
including five Chula Vista vendors. Three bidders responded as follows:
11 $28,860.64 $57,385.54 $46,686.99
14 $112,350 $118,229.95 $51,207.75
15 $5,000 $5,366.51 $9,136.28
24 $7,000 $6,936.54 $16,274.02
orrecte I amounts.
.. Bid for all four districts withdrawn at contractor's request.
RECOMMENDATION: That the City Council adopt the resolution accepting bids, waiving minor bid
irregularities, and awarding contracts for Open Space Districts 11, 14, 15 and 24 to RC's Landscape
Maintenance in the total amount of $153,210.64. Contracts awarded will be finalized and approved
as to form by the City Attorney using the specifications, terms, conditions, and general provisions
contained in the bid package.
BOARDSlCOMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION: This item was carried over from the Council meeting of July 22, 1997 to address
protests submitted to Council.
A protest was submitted to Council in regard to the low bid of landscape maintenance contracts for
Open Space Districts 11, cluster 14, 15 and 24. The letter of protest, which was hand delivered
to the Mayor and Council by Mr. Pete Navarro Jr. of Blue Skies Landscape Maintenance, was
dated July 22, 1997. The protest contends the winning bids submitted by R C's Landscape
Maintenance contain mathematical mistakes, irregularities and incongruities. The bid total submitted
by R C's for District 11 (Terra Nova) was $50,000.00, 10.68% less than the current contract with
Blue Skies Landscape, and 12.87% less than the bid submitted by Blue Skies in the current bid
[H,'HOMEIPARKSREC\A113\08-12-97.0S IREV, Augu", 7. 1997 9,308m)
I;¿-j
Page 2, Item -
Meeting Date 08/12/97
rocess. However, in Mr. Navarro's protest of R C's bid. utilizing the mathematical extensions of the
submitted unit prjces (cost per square foot per year), the sum total of the unit price extensions totals
$28,860.64 and not $50,000.00 as originally submitted by R C's.
In further discussions with R C's Landscape, it was clearly not R C's intention to offer a bid as low
as $28,860.64 (42.28% less than thejr bid total)o However, R C's has agreed to honor the bid in
the amount of $28,860.64 for District 11 for this Fiscal Year 97-98 (ending June 30, 1998) only in
order to maintain their reputation and good relationship with the City. If R C's was to withdraw their
bid due to this error, Blue Skies' bid of $57,385054 (the last eligible and highest bid submitted) would
be the next bid in line for consideration of award. At this point the City could either award the
contract to Blue Skies or rebid the project thereby further extending their month-to-month temporary
maintenance.
Mr. Navarro's letter of protest also mentions errors in R C's bid for bid cluster 14, 15 & 24. In this
case the mathematical extensions of the unit prices were far in excess of the submitted bido
Therefore, it is in the city's best interest to accept the bid amount submitted, $124,350, rather than
holding the bidder to the mathematical total of the unit prices. Again, in discussion with R C's, the
contractor has no problem with this figure which is the staff recommended amount in this reporto
The authority by which staff can make these recommendations of award are clearly delineated in
the "General Provisions" of the City's contract specifications as follows:
"Item 28. Award of Contract:
(b) The City reserves the right to reject any item or items, to waive informalities,
technical defects and minor irregularities in bids received; and to select the bides)
deemed most advantageous to the City."
Alvizia Landscape Inc. was the material apparent low bidder for District 14, but subsequently asked
to withdraw their bid for all four districts due to mathematical errors.
The term of the contract for Districts 11 and clusters 14, 15, and 24 is for the remainder of the
present Fiscal Year 97-98 ending June 30, 1998. It is the intention of staff to resolicit bids on these
districts in combination with the remainder of the open space districts whose contracts will come
to term at the end of this present fiscal year. In doing so, it would accomplish two goals: (1) it would
synchronize all the maintenance district contracts to be on the same cycle, and (2), this will afford
staff the opportunity to reconfigure and recluster the districts to provide the most attractive bid
clusters or to bid individual districts to achieve the lowest maintenance costs to districts.
To minimize the discrepancies which led to the protest by Blue Skies Landscape to the awarding
of this year's contracts, two changes will be instituted in future bid documents. First, the bid
proposal form will be simplified. Rather than requesting a specific bid price for each dedicated
parcel or lot, the bid proposal will require only a single bid price for the sum total of all like or similar
type of landscaping in a particular district or assessment zone. For example, all square footage of
a scenic corridor median maintenance in a district or zone will be consolidated requiring the
submittal of only one price. This will reduce the chances for error as the actual number of
¡H'IHOME\PARKSREC\A113\OB-12.97.0S (REV, Aug",' 7. 1997 g'3O8m]
/J-cÂ
Page 3, Item -
Meeting Date 08/12/97
mathematical calculations will be minimized. Secondly, the actual square footage will be provided
in the proposal form. This will eliminate the need to convert from acreage to square footage.
R C's has and is performing satisfactory landscape maintenance in various districts in the City.
Staff is optimistic that R C's will staff these landscaping projects adequately to provide acceptable
maintenance for these Districts. It is the recommendation of staff that R C's be awarded District 11
and Cluster 14, 15 and 24. If the contractor is unable to satisfactorily perform the maintenance
specifications, the City can provide a thirty (30) day notice and terminate the agreement.
FISCAL IMPACT: All City staff costs to administer and supervise contracts are borne by the
respective assessment districts.
Attachments: 1. Letter of Protest
2. Open Space District 11,14,15, and 24 Maps NOT SCANNED
3. Agenda Report 7/22/97
4. City Council meeting minutes 7/22/97 NOT SCANNED
(",IHOME\PARKSREC\A1131O8-12-97.0S (REV, Aug"" 7, 1997 9,4(><oml
/;;-J
RESOLUTION NO. /gv;7~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS, WAIVING MINOR BID
IRREGULARITIES AND AWARDING LANDSCAPE
MAINTENANCE CONTRACTS FOR OPEN SPACE DISTRICTS
11, 14, 15 AND 24 TO R C's LANDSCAPE
MAINTENANCE
WHEREAS, the following three bids were received on June
10, 1997 to provide landscape maintenance for Open Space
Maintenance Districts 11, 14, 15 and 24:
DISTRICT R C's* BLUE SKIES ALVIZIA**
11 $28,860.64 $57,385.54 $46,686.99
14 $112,350.00 $118,229.95 $51,207.75
15 $5,000.00 $5,366.51 $9,136.28
24 $7,000.00 $6,936.54 $16,274.02
*Corrected bid amounts
**Bid for all four districts withdrawn at contractor's request
WHEREAS, Alvizia Landscape, Inc. was the material
apparent low bidder for District 14, but subsequently asked to
withdraw their bid for all four districts due to mathematical
errors; and
WHEREAS, a protest was submitted by Blue Skies Landscape
Maintenance to Council contending the winning bids submitted by
R C's contained mathematical mistakes, irregularities and
incongruities; and
WHEREAS, in accordance with "General provisions" of the
City's contract specifications, staff can make recommendations
regarding the award of the contract and the waiver of minor bid
defects or irregularities; and
WHEREAS, the city Council reviewed the protest submitted
and other evidence presented and found and determined that the bid
defects and/or irregularities in the R C's Landscape Maintenance
bid were minor, not material and did not give R C an unfair
competititve advantage in the bidding process; and
WHEREAS, the City Council determined that R C's Landscape
Maintenance was the lowest responsible bidder; and
WHEREAS, the term of the contract is for the remainder of
fiscal year 97-98 ending June 30, 1998 and it is staff's intention
to resolicit bids on these districts in combination with the
/c2. -1
remainder of the open space districts whose contracts will come to
term at the end of this present fiscal year.
NOW, THEREFORE, BE IT RESOLVED, based on the facts,
findings and determinations above, the City Council of the City of
Chula Vista does hereby accept bids, waive the minor bid
irregularities in the R C's Landscaping Maintenance bid, and award
landscape maintenance contracts for Open Space District 11, 14, 15
and 24 to R C's Landscape Maintenance in the total amount of
$153,210.64.
BE IT FURTHER RESOLVED that the Mayor is authorized and
directed to execute the agreement for the contract award in
substantially the form presented in the bid package, in a final
form approved by the City Attorney, a copy of which shall be kept
on file with the City Clerk as Document No.
Presented by Approved as to form by
Jess Valenzuela, Director of
Parks and Recreation
C:\r5\05.re5
/;¿S-
August 11, 1997
TO: The Honorable Mayor and city council
C~
John D. ., //
FROM: GosS, City Manager ". I ','
y~"
SUBJECT: Agenda Item No. 12, August 12 Council Meeting
Attached is a copy of a letter received from Blue Skies Landscape
Maintenance regarding the maintenance bid for Open Space Districts
11, 14, 15 and 24. We had hoped to have a response to this letter
prepared and distributed to you this evening but, due to the
complicated nature of this issue, staff is still gathering
information. This will be completed before tomorrow's council
meeting and provided to you and/or discussed at the meeting.
Attachment
ATTACHMENT 1
BLUE SKIES
Landscape Maintenance
Honorable Members of the City Council' July 22, 1997
City of Chula Vista
Honorable Mayor and Members of the City Council:
Thank you for your time and opportunity to speak concerning the award of landscape maintenance. I am
addressing this council in protest of the award of contract going to RC Landscape Maintenance for cluster
District 11 and Districts 14, 15 & 24 for Landscape Maintenance.
RC Landscape Maintenance made mistakes in their bid which have been previously brought to the
attention of John Coggins, Purchasing Agent for the City. Mr. Coggins response was that the City
"reserveS the right to waive informalities, technical defects, or minor irregularities in bids received".
It is my contention that these mistakes are more than "minor irregularities" and are a major inequity to
the homeowners in the assessed districts.
The following incongruities in this bid are difficult to distinguish because math procedures need to be
\ done. The total price columns all need to be corrected to reflect correct pricing. These corrected total
prices are higher and lower, but never the price written on bid sheet.
Examples are: l)Some of the bid prices are above the actual corrected amount. (D14 Code 2)
Approximately 01. acres turf, East H Street Median, at $.002 a square foot per year,
'.'~ bid price submitted $1,800.00 a year, actual bid should be $.87 for entire year.
, 2) Some of the bid prices are below the actual corrected amount. (D14 Code 5)
J
Approximately 2.668 acres, lot M, at $.33 a square foot per year, total price bid
$500.00, actual bid should be $38,351.97.
3) Individual line item bid prices are never equal to contractor bid price.
Our concern is the randomness of the irregularities even to the extent that the bids as awarded may not.
be in the best interests of the City and the assessed homeowners. For example: The total bid price that
has been recommended for award for District 11 is $50,000, after evaluating the math using unit costs
the bid would be only $28,860.64, which is not "reasonable when compared to other bids received and
past district pricing" as Mr. Coggins responded to us in his letter of July 11, 1997.
I respectfully request that this be sent to a mediator for clarification.
Sincerely, p ~ ~ r
Pete Navarro Jr.
Biue Skies Landscape Maintenance BLUE SKIES
Landscape Maintenance
@ P,i""""" ",.""dpn",, postOfficeBnx /7026. Sal1 Diego, California 92/77 /;2 -'" Licel1se C-27 #402873
"";"""""""""""",,',,,i"'"","" T,.lr-r"(Ol1f (6/G) "".Rrj4 . r"nilllilr- (Io/G) ,6,.RF¡,~
THESE ARE EXAMPLES OF SQUARE FOOT PRICES THAT WERE BID FOR SAME CODE
Code 1 areas, different bid prices io same type areas
.046 per sq. ft.
.078 " "
.11 " "
.12 " "
.13 " "
.23 " "
.27 " "
Code 2 areas, different bid prices in same type areas
.002 per sq. ft.
.317 " "
1.148 " "
1.18 " "
2.42 " "
Code 3 areas, different bid prices in same type areas
.001 per sq. ft.
.018 " "
.02 " "
.021 " "
.023 " "
.029 " "
.03 " "
.065 " "
.074 " "
.08 " "
.09 " "
.117 " "
.14 " "
.16 " "
.29 " "
.70 " "
Cc?e 5 areas, different bid prices in same type areas
.001 per sq. ft.
.0011 " "
.0013 " "
.0016 " "
.002 " "
.003 " "
.0039 " "
.004 " "
.008 " "
.01 " "
.012 " "
.019 " "
.14 " " /c2-l
.33 " "
Example of multiplication:
Description of Area X Square Foot Per Acre (43560) X Unit Price = Total Price
For example District 11 Area Code Type 1 Approximately 4.5701 acres
4.5701 X 43560 X $.003 = $597.22
Bidder submitted total price $13,500 for this area.
/c2 - r
¡, ,,<,
BLUE SKIES
Landscape Maintenance
August 7, 1997
Honorable Mayor, Shirley Horton
276 4th Avenue
Chula Vista, CA 91910
Re:LANDSCAPE MAINTENANCE BID FOR OPEN SPACE DISTRICTS 11. 14. 15. & 24
Mayor Horton:
Thank you for asking for this item to,be reviewed. I appreciate your concern in stating at the last council
meeting "with this much correspondence, something needs to be reviewed". There have been many
instances of decision making or policy changes in this last group of bids. I am quite surprised this was
allowed to happen for the following reasons.
We had been asked to hurriedly sign a one year extension of the work for the same price in March of
this year. After we signed the extension, it was taken away. The first bids in May received by the city
had higher numbers than normal and were thrown out. Those higher numbers were due to the inclusion
of a 10% monthly retention from Purchasing. Please follow me on this, the monthly retention was for
doing a satisfactory job every month. Our reward for performing satisfactorily was to take away 10%
percent every month until the end of the contract year. Of course, that went away on the next bid after
bidders included a 10% increase so we could afford to work for you.
During these last bids it appears Purchasing has again made new rules as needed. First, our written
instructions were that the bids must be "discemable. œrcentible and reasonable. and that there must bè
a correlation between labor intensity and bid price. Nl?w, it appears that Purchasing wants to award
similar contracts based on two different criteria.
It appears a new precedent has been set for open space contracts and the award thereof. First, District
11 is to be award_ed using the unit cost prices, after I pointed out the unit costs were approximately
$ 22,000.00 less. Secondly, Districts 14, 15, & 24 are to be awarded NOT using unit costs, but a lump
sum figure which apparently has nothing to do with the bidders unit costs. This is the same bidder whose
unit costs on one bid (District 11) are lower and on the next (District 14,15,24) are so grossly overstated.
(From $ 254,000 down to the awarded lump sum of $ 125,000). "
Also,for the general information of the council, our bid for Districts 14, 15, & 24 is $ 352.22 a month
more than the low bidder. The learning curve for a new contractor will cost the city'more than that in
staff time, in our opinion, based on our experience and knowledge of job.
I !mderstand that Purchasing can read the bids and the general provisions any way they choose to benefit
the city. Generally, all municipalities also include and pay heed to the words "lowest responsible bid" .
BLUE SKIES / 2- c¡
Landscape Maintenance
@ P,'",," OO""'w ¡<'d papa Post Office Box 17026 . San Diego, California 92177 License C.27 #402873
Do""""'p""!""'"""m"oo,,,, Telepholle 1619) 565.8344 . Facsimile (6/9) 565-8398
I will accept the Council's [mal decision to do business with whomever they chose and follow staffs
recommendations. I also would expect that staff in the field hold the new contractor to the previous job
requirements, even though the price is almost half the cost at $ 28,860.64 per year. ~
In closing, I would like to remind you of Mr; Fonsarrada'sexplanation, at the last council meeting, in
regards to the number of bids received. He told you that 48 bid packages went out, maybe 10 contractors
came to the pre-bid conference and that only 3 contractors subsequently bid. The City ofChula Vista's
methods of doing business may not be conducive for contractors wishing to do well for the city, partly
because of the reasons stated above.
I have appreciated working for you and the citizens in -the past and again thank you for your time.
-. \ .
sup:J:. (l
Pedro Navarro
Blue Skies Landscape Maintenance
kUc" diù:cityCVCOUDCil
BLUE SKIES ~.- /0
Landscape Maintenance
@ P,'""d nn ",-,,/,d pap" Post Office Box 17026 . San Diego, California 92/77 License C-27 #402873
Do""n"'pa,'!n,""""""",,,,'" Telephone (619) 565-8344 . Facsimile (619) 565-8398
COUNCIL INFORMATION
Date: August 11, 1997
To: Honorable Mayor and City Council
Via: John Goss, City Manager b'¡tf,,1~
From: Robert W. Powell, Director of Finance N
Subject: Open Space Landscape Maintenance
This is in response to a letter from Blue Skies Landscape Maintenance, dated August 7,
1997. Open Space Landscape Maintenance bids are intentionally structured to allow for
maximum flexibility and greatest economic advantage in award of contracts. As such,
multiple criteria (past perfonnance, total unit cost, economic cost analysis, life cycle
costs, etc.) may be considered when evaluating bids.
According to the bid specifications, two criteria for award are unit price and lump sum
priceo Based on either a unit price or lump sum evaluation, RC's Landscape
Maintenance is the low bidder for District 11. Based on a lump sum evaluation, RC's is
the low bidder for Districts 14, 15, and 24.
The General Provisions state "...award will be made to the lowest, responsive and
responsible bidder whose bid confonns to the solicitation and whose bid is considered
to be most advantageous to the City, price and other factors considered..." RC's
Landscape Maintenance has been satisfactorily doing business with the City and is the
lowest responsive and responsible bidder meeting specifications.
A 10% payment retention was included in the original bid to ensure the, City would be
doing business only with financially solvent contractors. Upon rebid, the payment
retention was eliminated in favor of a higher'payment and perfonnance bond.
Award of Districts 14, 15, and 24 to the existing contractor to minimize "learning
curve" expense would increase annual costs by over $4,200. RC's is not only obligated
by a perfonnance bond, but also has the expertise and experience to fully comply with
City standards.
Finally, the manner in which bids for these contracts was processed has been consistent
with previous practice. The number of bid packages which went out, as well as the
number of respondents and bidders, were in keeping with historic averages. Similar
numbers were involved when contracts were last awarded to Blue Skies Landscape
Maintenance.
I J.. -II
August 12, 1997
TO: The Honorable Mayor and city council
FROM: John D. Goss, City Manager tjLO)L,
.«
SUBJECT: Open Space Landscape Maintenance - Agenda Item 12
As indicated in my August 11, 1997 memo which was delivered to you
last night, attached is staff's response to the August 7 letter
from Blue Skies. Additional information will be provided orally at
tonight's meeting.
Attachment
.
.
ALL proposals MUST have the AREA PRICE clearly listed in cost per acre (or square feet) per year as well
as the TOTAL PRICE in the right hand column. Submitted proposal prices must be discemible. perceptible
and reasonable. There must be a correlation between labor intensity and bid price.
The following is an example of an unacceptable proposal sub.millal:
AREA -7 .. ... ... .....'.. AREÁ PRICE --:-
DISTRICT i< ./i-.. PERIOD TOTAL
NUMBER . CODE $lACRElYRor PRICE
. . TYPE. ... 5/SQUAREFOOTIYR
A Approx. 50 Eucalyptus 1 time I $1.00/50 trees year $1.00
I' trees to be cleaned, yr.
shaped at direction of
Open Space Coordinator.
(Unsupervised trimming
will not be paid for).
Work to be peñormed
during month of
November.
A 1 5.0 acres of high visibility 1 yr. 51.00/ACIYR $5.00
l maintenance parkways,
medians and
monuments.
A 2 4 acres of lawn area 1 yr. $1.00/ACIYR $4.00
A 3 3 Acres of irrigated 1 yr. $1.00/ACIYR $3.00
erosion control slope
plantings
A 4 2 non-irrigated acres of 1 yr. $1.00/ACIYR $2.00
re-established natives
A 5 1 acre of non-irrigated 1 yr. $19984.99/ACIYR 519,984.99
undisturbed native
slopes.
TOTAL OSD "A" $19,999.99
D,'st~~ú-\ I L{) I ç( ~L\
3
/~-1
..
",
BID SIGNATURE FORM
. .
Ucensed in accordance wi1h an Act providing for the registration of Contractors, Ucense Noo ',.. " , -- .
License Expiration Date q - q ? Contractors SIal. Ucense Classification r ~ d '/
REPRESENTATIONS EXPRESSED HEREIN ARE MADE UNDER PENALTY OF PERJURY
(If an individual, so stateo If a firm or co-partnership, state the firm name and give the names of all individuals,
co-partners composing the firmo If a corporation, also names of Presidsnt, Secretary. Treasurer and Manager thereof,
.... "'" .. "'.- ,.. _.J k . .
r :s " "'-
COMPANY NAME -,Ç G. ~/ <-& ~~.~1i,< --.'" r.-~~- -':
n '/ "
ADDRESS 9//:S ~~, -,' ':~2ß-.~t'.,-,~ R.4
~ ~~ /" -=,=)
, t:"'IAA -.:,..; , '"....A ' i / I 0("7'--
./
CITY STATE ZIP
k '! - "Î :Z,) /'. - ý ,
TELEPHONE' I ç¡' ~ '";, i ':::' . <f 7 I MAX cÞZ Y .:; -:0
n_-.;'~ /7')."'//~ ' -"
PRINT NAME fù VO í11r'.:... ,¡ï~-1ñTLE C t...<.i /./'" ¡¥
Ij! " . ": ,/ 0' ;.- ?
SIGNATURE ::":';'.- / DATE' - /
'~.' ,-'
-,-.
.", .-/ ..' , ,.-- /'
TAX IDENTIFICATION NUMBER ;' ,,'j.- ..:. ! --.::., oJ .- ..::;: l..
6
/c:2 'if}
OJ -
,
¡J, tv¡A\ bf/
(, ~\J.
BID SUMMARY ß,). J
:
.0 II 3 ð7f-O :>.SL. 7~",.a).
Open Space Distrid 14 $ I.{ q C:.~ . ~ 8
Open Space District 15 $ ~tflO
Open Space Distrid 24 $ 7ðtJ C;, tJC¡~O.~4
-
r
GRAND TOTAL OF THE ABOVE $ I d- s: nf) ). G.G. , ~ 6 ' B Ll
)
PAYMENT TERMS
% DAYS
.'
Prompt payment discounts offered of less than fifteen (15) calandar days will not be considered in evaluating bids for
aWard. However. offered discounts of less than jifteen (15) days may be taken if payment Is made within the discount
period. In the absence of discount terms. invoices shall be net thirty (30) days from the data of matariaVservice
acceptance or invoice raceip~ whichever is later.
7
/;( -¡ /
" .,. ;t ~ "3)£60 ¿;1 f+ I~ ftN -A-c~£.
. .
BID
To the Honorable Mayor and City Council of the City of Chula Vista.
;
The undsrsigned declares that hs carefully examined the plans and specifications for.
~ lANDSCAPE 'MAINTENANCE oj, OPEN SPACE DISTRICT(S) ~ .
. NUMBER 14, FOR THE PERIOD A
JULY 1, 1997 THROUGH JUNE 30, 1998 C TIJI1L..
and that he has examined the location of ths proposed work and has read the accompanying Instruction to b ~de.., 8 l ð p~ I el-
l' and hereby proposes to fumish all materials, and do all the work required to complete the said work in accordance with
said plans, specifications, and Spacial Provisions for the unit price or lump sum set forth in the following schedule.
PROPOSAlS WILL NOT BE ACCEPTED FROM BIDDERS WHO DO NOT ATTEND THE PRE-BID CONFERENCE.
The contractor has THR~ HUNDRED SIXTY-FIVE (365) Calendar days to complete the initial projsct period.
Y!J!!.1
14 1 Approx. .563 acres along East 1 year $//d- ]ðP'CJ ~q l(2.q
H St and Corral Canyon Rd.
parkways, and median islands
along East H St
14 2 Approx, ,01 acres turf East H 1 year $ ~ tc;; ¡to[) ;97
Sl median
14 4 Approx. 4,61 acres controlled 1 year $ ,tJ!~ : $..5õD ~LlO'f.7
natural opsn space
.' ;) ;;¿ - ¿nJ i 9 (;.1.01
14 5 Approxo 22.51 acres natural 1 yéar $ .()Od-
open space
~ ;¿.J Ò) þ-P
" ).oo3.ì~
14 1 Approx. 0.2 acres, LÒt A 1 year $
adjacent to 580 Corral Canyon
14 1 Approx. 0.7 acres, Lot B 1 year $ ~/..3 l' ð)ïO 3'1 '3.Q,
adjacsnt to 690 COITal Canyon
14 1 Approx. 0.8 acres, Lot D 1 year $ , II ð7n/;!) ;¡ e 7l4.Q(
adjacent to 510 Corral Canyon
14 1 Approx. 0.3 acres, Lot E 1 year $ ,;J? .3 ,.)-0',:) 'J~)8. 3(
adjacent to park
14 3 Approx, 5.8 acres, Lot C 1 year $ ¡D,;) S- úrp~ 4878.'72
adjacent to 1715 Sunny Crest,
South Point, Corral Canyon,
Arbor Creek
8
/02 ~/.2
~ ¿\" 1Jt\ ~¡,-
s.~"",~
DISTRICTAAËÅ~1 ~ .........i'.','.'.'...'..."'.
NUMBER., ",C..".O",'.",..D".,E",'"...........I.¡;Vtt;i..."..,..~~ 'Vi...'... ." .;~I~OTAl.i~ "
TYPE!~~i."i.,.' :-~ is......'.'''....'.. I./.'...'.~,
, " t......... "
14 3 Ap.J"'Ox. 3.8 acres, Lot F ,1 year $ ; V c:l. 3 :;-J'ì/ o~ 310 ,t;b
adjacent to 475 Corral Canyon
14 3 Approx. 2.6 acres, Lot G 1 year $ 0 '2. -:> s-ziÐ :3 3 Cì7. b8
adjacent to 518-1/2 Trailridge I -" Q
14 3 Approx. 0.6 acres, Lot I 1 year $ tJ P ... - hJ
I' adjacent to 1698-1/2 Country ;' () to.J.-'-' ~ ~ .) 0 q o. s8
Vistas
14 3 Approx. 005 acres Lot J 1 year $ ~ 'I ......'1-5) I a ,-
adjacent to 1699 Country , (,.I ( cL 0 '" V' , ~.;) 0
VIStaS
14 5 Approx. 4404 acres, Lot C ~ear 1 year $ I Ô 0 d. .r-S--tf7) 3 [3 "8.13>
Sunny crest and South POInt
14 5 Approx. 7.3 acres, Lot F near 1 year $, D ( Òì ¿:;--t-V 3 I 7° €J 8
Country Vistas Lana ì. 0
14 5 Ap~x. 12.0 acres, Lot G near 1 year $ I ¿ì-t-12 ..... J"'),"'-2) \ 5 Co () . I (¿,
Trallndge J DL U ,. 0
14 5 Ap~x. 2.9 acres, Lot H near 1 year $ /; ¿.~ I .5- ¿-7) I :l ~ ' 3 )...
Trallndge .; "'"
14 2 Approx. 0.1 acres tun, Lot D, 1 year $.,.) ,~
south of Park, along Coltridge, ...., ..) y" ¿: ¿ I As U I ~ ~
Lot ~ adjacent to park; center e><! , 'i (/". Iou' ,
medIan on Thorton, and
adjacent to 398 Canyon Ridge '
14 3 Approx. 0.6 acres. Lot K near 1 year $ O. >\~ ") A"")¿) 1 090 B ~
Lots 227.230 ' U ex' U ¿o .
Unit 4 . ¿ --;;! - ----n
.; U -'" ..tð c;.}, t. ). 't c¡ {, , q
14 3 Approx. 2292 acres, Lot I 1 year $
14 5 Approx. 12.216 acres, Lot I 1 year $' j ~~ (f ;;;¡.. ~ ':l -).8 . ~":2-
14 3 Approx. 2292 acres, Lot J 1 year $ , (; ..-::; I J "r-IJ-D :) 'I '15. c¡
14 5 Approx. 3.111 acres, Lot J 1 year $, D " l' :!¡'.t¡::f) -- 5'ii. Ð"
14 3 Approx. 0.284 acres, Lot K 1 year $' / () ~ - ./ 'i 7'1.37
14 5 Approx. 14.155 acres, Lot K 1 year $ . {);) '-( é? $(};i) ~ "i "',37
14 3 Approx. 0.321 acres, Lot L 1 year $ , ( 't' é5~ I 'J 57. S"'}
14 5 Approx. 7.906 acres, Lot L 1 year $ , I '-( ,:). tJÌ) {) "/ B 213,9"
14 3 Approx. 0.141 acres, Lot M 1 year $ I () I) I .) J'J " I/.. .
14 5 Approx.2.668acres,LotM 1 year $ I J 7, ~- ~835'(.97
9
/".2-/3
" ...
~ ":T,:,"'i'
iNU~ '::,,"': 'i i' i."':""" ':'",'.'
i ',',:i ii: "
::',"":,:' :or' '" '"
i' :',i:,' """ "',, ,',,' ,:, "',',,,:
Unn 5
14 3 Approxo 1.91 acres, Lot N 1 year $ ~ 03 é) õ¡)() JI.. <¡s.qq
14 5 Approx. 23.334 acres, Lot N 1 year $ ó) -2 .3-, ;;< S- cJ2) 5l L. .~8
14 3 Approx. 2.684 acres, Lot 0 1 year $ ,;; 9' 3 S-ð-Ð 33 QO;.:1(ø
I'
14 5 Approx. 8.139 acres, Lot 0 1 year $ ,'~ C) I os"" a-o 3S't.;3
14 3 Approx. 2.68 acres, Lot P 1 year $ ,,0.,;'1 3S-ð7) 13 B ~""d~
14 5 Approx. 7.775 acres, Lot P 1 year $ ,00 ( S-éTZJ 338.&8
14 5 Approx. 1.39 acres, Lot Q 1 year $ ,OOtf S~ ltel{,3'1
14 5 Approx. 2.812 acres. Lot Q 1 year $ ; é) / CJ-' /S-õÐ i4"t.e'1
Y!!!!.§
14 3 Approx. 0.882 acres, Lot R 1 year $ ,abS- è)S-OÐ ).4 ~1.:lq
14 5 Approx. 8.763 acres, Lot R 1 year $ , too I 3 '-~ ou 4 Cf b. ).3
14 3 Approx. 0.28 acres, Lot S 1 year $ ,1/ "7 / .j- ë;t:J tl{~ì.o3
14 5 Approx. 0.601 acres, Lot S 1 year $ , 0 I 9 .J.--¿¡-£) i.t cn. t.¡,
14 3 Approx. 0.905 acres, Lot T 1 year $ . j .^ è) ¿)--t) V 2159(.;).b
, . .'-
14 5 Approx. 3.783 acres, Lot T 1 year $ .', ¡ ,:"..> , ,} -,.:) If" 47.B7
, (, >
Y!J!!.l
14 2 Approx. 004 acres of turf on 1 year $ / ./~¿ ¿.: ~r :,t--.:.-;. 1(43.~g
the southwast comer of
Crestview Dr. and Country
Vistas Lane at the Rialto
monument
14 3 Approx. .62 acres Lot R slope 1 year $;O7y ¡;¡ c;-----¿-Ð (9 '18.53'
maintenance
14 3 Approx. .27 acres Lot 0 slope 1 year . ...,'") I ~- ¿;-;D 14 q 3.G, 7
maintenance $ , / c:. .
14 3 Approx. 5026 acres Lot V slope 1 year $ ; ð Qi. I .'1 S- õD 4 9 t \ . "i
maintenance
14 3 Approx. 6.2 acres Lot W slope 1 year .$ , {J / ß :;-;-;-v D /..{Bb130
maintenance
14 5 Approx. 10.3 acres Lot V 1 year $ IOO!/ ( .(( fJ ~q3.5'3
natural open space ~ .'
14 5 Approx. 40.89 acres Lot W 1 year $ ( o~ .:- i¿. ) ;;-;-V 2&if"1.B7
natural open space
10
/c2 -/(
14 one Approx. 1 a trees to bs $
time trimmed. cleaned and shaped / ¿¡--rÐ 'OCiO.oo
at the direction of the Open I 0
Space Coordinator.
(Unsupervised trimming will
not bs paid for.) Wor1l to bs
perfonned during the month of
Novembsr.
TOTAL OSD 14 $ / 3. ÔJ?J
') 54?').fo. 8J-
11
~
/02.- b
..
'-' "
Sunvnary of fertilization requirements for Open Space District 14 (exduding the 6th turf fertilization)
ANALYSIS # BAGS
31'()'() 303
15-5-7 (shrubs, groundcovar & trees) 750
15-5-7 (turf) .,' 4
34-3-7 2
22-3-9 1
I' This colurm for calculation purposes only. Total District Bid (above) is to include fertilizer costs.
. See attachment to Specifications for description of various Open Space Maintenance Areas.
12
/.2 -/~
BID
To the Honorable Mayor and City Council of the City of Chula Vista.
The undersigned declares that he carefully examined tha plans a,nd specifications for. ;\-v .¡. \
lANDSCAPE MAINTENANCE ~F OPEN SPACE DISTRICT(S) P (.., \ ~ Of.;
NUMBER 15, FOR THE PERIOD køJ\
JULY 1, 1997 THROUGH JUNE 30,1998 S
and that hs has examined the location of the proposed work and has read the accompanying' instruction to bldders,and
I' h8l8by proposes to fumish all materials, and do all the work required to complete the said work in accordance with said
plans, specifications, and Special Provisions for the unit price or lump sum set forth in the following schedule.
PROPOSALS WILL NOT BE ACCEPTED FROM BIDDERS WHO DO NOT ATTEND THE PRE-BID CONFERENCE.
The contractor has THREE HUNDRED SIXTY-FIVE (365) Calandar days to completa the initial project period.
'Ii "", ~ ,',,'
~:~~ ',"",' '.,..,r .r
IIi~!'r.i~ I,~~~ ,'..'.','.'""""",
15 1 Approx. 0.44 acres 1 year $, 07 J I )" :':Xl,,' I 1.1 q~. 98
Canyon Drive entry "/ '
15 2 Approx. 0.13 acres lawn 1 year $ 7 . :,p,ulJ7' , ~ I
are with automatic I :3 J (0 f....J I 7 q:,. I
irrigation (turf Canyon
Drive)
15 3 Approx., 0.987 acres slope 1 year $ 0 ¡;; ::: ,/ /; )' 11 9S8,f3t.
maintenance ;' / ,
15 5 Approx. 4.03 acres of 1 year $, -.7' {! L q '7 (".-/ bC,i. ,('3
natural open space - ,..J, , U
TOTAl OSD 15 " $ ...::' 'I-D
~9"~.s'8
13
/...2 -/7
Summary of fertilization requirements for Open Space District 15 (excluding the 6th turf fertilization)
ANALYSIS # BAGS
31-0.0 10
15-5-7 (shrubs. groundcover & trees) 2~
15-5-7 (turf) 3
34-3-7 1
22-3-9 1
~ This column for calculation purposes only. Total District Bid (above) is to Include fertilizer costs.
. See attachment to Spscifications for description of various Open Space Maintenance Areas.
.
14
/.J.. -j r
BID
To the Honorable Mayor and City Council of the City of Chula Vista. +vf.\
The undersigned declares that ha carefully examined the plans and specifications for. A L L-~
LANDSCAPE MAiNTENANCE OF OPEN SPACE DISTRICT(S) ~~6Ù
NUMBER 24 FOR THE PERIOD (?&-
JULY 1, 1997 THROUGH JUNE 30,1998
and that he has examined the location of tha proposed worx and has read the accompanying instruCtion to bidders, and
I" hereby proposes to furnish all materials, and do all the worx required to complete the said worx in accordance with said
plans, specifications, and Special Provisions for the unit price or lump sum set forth in the following schedule.
PROPOSALS WILL NOT BE ACCEPTED FROM BIDDERS WHO DO NOT ATTEND THE PRE-BID CONFERENCE.
ìha contractor has THREE HUNDRED SIXTY-FIVE (365) Calendar days to complete the initial project period.
I 5LfÇO."J-3
24 1 Approx. 2.72 acres of slope 1 year S "òffo s ..s - (fD
and ently area maintenance
along East H Sl and Rutgers
24 2 Approx. 0.03 acres of turf at 1 year S ' "..:.., / - ,-,-, (~oOJI
Rutgers and Carolyn near /,(16 I .':> .J :..)
entries ~
TOTAl OSD 24 S "/ ð7ß7J
bCf 5ð.LiQ
15
/0277
Summary. of fertilization requirements for Open Space Distrid 24 (excluding the 6th turf fertilization)
ANALYSIS # BAGS
3140 19
15-5-7 (shrubs, groundcover & trees) 48
15-5-7 (turf) . . 3
34-3-7 1
22-3-9 1
I' ThIs colUIM for calculation purposes only. Total Distrlcl Bid (abova) is to include fertilizer costs.
. See attachment to Specifications for description of various Open Space Maintanance Areas.
.
16
/c:;. ~O
TENTATIVE SCHEDULE FOR MAINTENANCE
EXHIBIT "A" (SCOPE OF SERVICES AND SCHEDULE) APPLIES TO THIS BID CLUSTER
PLEASE SHOW THE NUMBER OF WORKERS, AND HOURS PER DAY PER DISTRICT (First page.
first paragraph, line 10 of EXHIBIT "A"
HOURS MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY
6:00A
7:00A ,- / ./ -2-
r - I "---.J -,
8:00A I \ I
, I
, "
9:00A" , I '
! i :
10:00A I ¡ ¡
I ! ' i
11o00A 0 I i ~
0 0: I . !
. :.
œ~ ¡' ~'
/' ~,-
)< ,,/
1:00P, ' /t'
0 '-.....' .
2:00P :;-<
/ '"
3:00P
4:00P
,
5:00P
, .
DISTRICT NO. ,,' 'CONTRACTOR
J - P t(2. (J..J((,K
7f( -1 I/f5 5c Hé D"I-L I S J.. ~ 3 (V1 ~tJ
17
/c2-c2/
.
ALL proposals MUST have the AREA PRICE clearly listed in cost per acre (or square feet) per year as well
as the TOTAL PRICE in the right hand column. Submitted proposal prices must be discernible. perceptible
and reasonable. There must be a correlation between labor intensity and bid price.
The following is an example of an unacceptable proposal submittal:
AREA ..: PERIOD ....
DISTRICT AREA PRICE TOTAL
NUMBER .CODE ~~ .... ..... (}~ . $IACRENRor PRICE
TYPE. }<.< ... ..... ... ~ $/SQUARE.FOOTIYR
A Approx. 50 Eucalyptus 1 time I $1.00/50 trees year $1.00
" trees to be cleaned. yr.
shaped at direction of
Open Space Coordinator.
(Unsupervised trimming
will not be paid for).
Work to be perfomed
during month of
November.
A 1 5.0 acres of high visibility 1 yr. $1.00/ACIYR $5.00
I maintenance parkways.
medians and
monuments.
A 2 4 acres of lawn area 1 yr. $1.00/ACIYR $4.00
A 3 3 Acres of irrigated 1 yr. $1.00/ACIYR $3.00
erosion control slope
plantings
A 4 2 non-irrigated acres of 1 yr. $1.00/ACIYR $2.00
rlH!stablished natives
A 5 1 acre of non-irrigated 1 yr. $19984.99/ACIYR $19.984.99
undisturbed native
slopes.
TOTAL OSD "A" $19,999.99
0, S+~\ e--\ ( \
3
/02 -- c2:2-
BID SIGNATURE FORM
Licensed in accordance with an Act providing for the registration of Contractors, License No. ý.3 / ¡;¿ &. R
License Expiration Date '1 - "7 ~ Contractor's State Ucense Classification ~ - ¡;¿ ')1 .
REPRESENTATIONS EXPRESSED HEREIN ARE MADE UNDER PENALTY OF PERJURY
(If an individual, so state. If a firm or co1'artnership, state the firm name and give the names of all individuals,
co1'artners composing the firm. If a corporation, also names of Presiden~ Secretary, Treasurer and Manager thereof,
t' and affix the Corporate Seal thereto&~ ~-~
COMPANY NAME Æ c .cI. ~
ADDRESS y/ /3 ~~ U
CI~' STATE ~. ZIP
Q/9ðd.-
I /~ . c¡37 e>--
TELEPHONE t¡ 7 tf 0/ 7 FAX;) 9 ~
PRINT NAME~ {3 ;J /lCt'/l&4n.E tJ w /l/é? /('
// /.. :' -;
~1 (;1- to - Y-' - ~./,
SIGNATURE DATE ,, '"
Ú
'>~) I S6 /" ?
TAX IDENTIFICATION NUMBER .~)....:i ~ C) " ¿) \.:::J '
6
/;2--;23
BID SUMMARY
Open Space District 11 $ 'S<ð- ~
~ I
:/
I' GRAND TOTAL OF THE ABOVE $ 5" ðß'O
,/
PAYMENT TERMS
% DAYS
Prompt payment discounts offared of less than fifteen (15) calendar days will not be considered in evaluating bids for
award. Howaver, offered discounts of less than fifteen (15) days may be taken if payment is made within the discont
period. In the absence of discount terms, invoices shall be net thirty (30) days from tha date of materiaVservice
acceptance or invoice receipt, whichever is later.
7
/;2.-ol Y
BID
To the Honorable Mayor and City Council of the City of Chula Vista.
The undersigned declares that he carefully examined the plans and specifications for.
LANDSCAPE MAINTENANCE ÒF OPEN SPACE DISTRICT(S) R t U.~ \
NUMBER 11 FOR THE PERIOD C .!
JULY 1,1997THROUGH JUNE 30,1998 I o.)\d
. ~ Y"°
and that he has examined the location of the proposed work and has read the accompanying instruction to . ~
I' bidders. and hereby proposes to furnish all materials, and do all the work required to complete the said work b
in accordance with said plans, specifications, and Special Provisions for the unit price or lump sum set forth
in the following schedule. --------
PROPOSALS WILL NOT BE ACCEPTED FROM BIDDERS WHO DO NOT ATTEND THE PRE.BID
CONFERENCE.
The contractor has THREE HUNDRED SIXTY.FlVE (365) Calendar days to complete the initial project period.
...... ~(I((~..~....~(. .....~.I~~i' ..........(..... ........ ....................... .........
( ...... ...............~~I~~d ... ........
11 1 Approx. 4.5701 acres of 1 year $ , ~ 0 l / ;' ~-.J'Ù ;-~7. 2. 2-
slope maintenance --" . ':/ ,,' .
11 2 Approx. 016 acres of 1 year $ 0'" ,,;,¡ )
lawn area with automatic .I - ._~' , J. D '1, 0 c::¡
irrigation (Turf specific E.
H Street & Hidden Vista
Dr)
11 3 Approx. 8.1236 acres of 1 year $.. C ¡; Cf f:-)- ):J ¡g L{ t:t ).J1
slope maintanance '
11 4 Approx. 9.1563 acres of 1 year $ r i ~1 ~.......r;) 4 7tJI I ()
controlled natural open I U (/' J U" , ðlO. ()
space
11 5 Approx. 139.7 acres of 1 year $ . Ô 0 I '1 õrfJ 6085. J3
natural open space
11 1 Approx. 0.35 acres of 1 year $ J . i1
parkway maintenance , 0<- 3 þ?) 3 0,9 .20
along Terra Nova, and
Hidden Vista near the
entries of Brehm
11 3 Approx. 2,09 acres of 1 year $.11 -¿ <. S Ji) 1 Î 31 . 2 \
slope maintenance ' v "--' '-'
adjacent to Brehm
11 1 Approx. 0.2~4 acres of 1 year $ / / - :J r::-JiJ I '} Dc.¡ '7
parkway maintenance I tJ (7. .....) I . '"
Terra Nova Dr., Hidden
Vista, and Westview Dr.
8 ----
/~-;.2~
11 Approx. 10 trees to be 1 tirpe $ / r;r:rv
trimmed. cleaned and I Doo.C!X)
shaped at the direction
of the Open Space
Coordinator.
(Unsupervised trimming
will not be paid for.)
I' Work 10 be performed
during the month of
November.
TOTAL OSO 11 $ So, OdO
dB SGo.fd1
)
9
/ ;Z --;,2,?
:
Summary of fertilization requirements for Open Space District 11 (excluding the 6th turf fertilization)
ANALYSIS # BAGS
314C 108
15-5-7 (shrubs, groundcover & trees) 270
15-5-7 (turf) , 4
34-3-7 1
22.3-9 1
, This column for calculation purposes only. Total District Bid (above) Is to include fertilizer costs.
. See attachment tò Specifications for description of various Open Space Maintanance Areas.
10
/..2 -;2.?
°,
TENTATIVE SCHEDULE FOR MAINTENANCE
EXHIBIT "A" (SCOPE OF SERVICES AND SCHEDULE) APPLIES TO THIS BID CLUSTER
PLEASE SHOW THE NUMBER OF WORKERS. AND HOURS PER DAY PER DISTRICT (First page,
first paragraph, line 10 of EXHIBIT "A"
HOURS' .,. ....'..
"'V"~^', ','..,' THURSDAY ~~^'
6:00A
,, 7;00A Lf l{
8:00A
9:00A
10:00A
11:00A
12:00P
1:00P
2;OOP
3:00P '- ~
4:00P
5:00P
DISTRICT NOo --D......:::lL- CONTRAC~OR (¿ J
¿
G~ ttoU¡e.S f1 l}J~. é M ¡tN 0'"
11 rt tÅJk
/~:2Y
ATTACHMEN:r;¡ ". - - ~~~ :\
- - - '1;::1 " ~
- -,- ,,0: .:
-
.; ::::::; - t\
.. - -
' ~ = ;:;:;; ~!~;¡ :: - -
'¡i~~~ .',','.
""0"' -- 11 ~ ,
',','.
',00 - ~
- .
" ~ .... )- ;; - .1..
Z""~"" ~~
. ~~....~ .'
r- -. ----:-- --~-- . -
h
'. ;\ i,
'" ...,
"" -. - ~
~I.
! t: ., ~\
~... !
~ "
I,
--- II
t)¡
]:1
\
!
:'
I,
- ;\
:\
I,
I
- ,
CJ
c.::
'"
¡:,.
-
-
I-
::
~
'"
-
C
&oJ
U
<
...
'"
:z::
..,
...
0
.,
'~~ ,
, ~
'"
- E ;
0", '
oJ ~ -
-
."""
.
.
/ -
'"
/"
., t7'\
~
,
0, -
'
/'
.'
.'
.
;. ;:
"
~ ,',
. \
\ , ,,'/
"'::;:: , '"
, - -'~, .:1
'--- -~'
01 r- W
'¡-'- 2 if) T
I---------__~--
I
I
;..
~ >
. ...
. c ~::::
. OW " C
- &; W
0 ~ a
... ~
0
' U
I> :;
::
'. z
...,
OJ
0::
...
Co
'"
~
"
....
~
OJ
U
...
v-.
"¡;;
I-
I.
I !
I ~
¡ I
!
: ~
\ . .'
~ ~I
: ;
w
u
z~
~-
t5 ~g '"
~o i
ë1z
~ ~ð
w~ >-
Uu f-
~ëE -
Bs~ u
Uì w
Z1:5 I
w ~
a...
0
I
' I
h
: %"
Ii,
i:
~:I
12
!I
;il;l
, Iii
~
~ \1 i ! :
" ,i i i :
~ prl-s!d
un õ i ~ i
u ~. !
.:! :l i g
,.,
t
oJ
~
(
C-
D
oJ;
C
a;
"
-; ~
~ ~ à .
i 1 ~ t
: j i i
¡ J š "
ÓO"'" ~_! ~l'
'- - 2 - .
Li' .
. I~; ~I" !nàr :1,1"' I,. I .II
IIIJ!lI¡,II,III'j: '~jIJ.1 111¡IIi I If,I!!'
111111 II . 5Ijdl I ,II, II!
I !I~¡¡¡I~I¡ ~i! l¡i!¡ill!¡~~I!1 ~I!il.
ill II I I
.~~. ~'. ~. ~ /2-J3
. . - -
I, í"
CD
0
Z
~
r
0
Z
G1
i' (')
-, ~ J>
i~ ':::;.:'<::!:.~: ~ } - ~
Ii J,¡I~,i,i!i,;H- ~. .~
~~I.!~~~i~I~!~I~ ë~
==: ,==,~:=:=I=:
, ;~~ ¡¡P¡¡i¡¡¡~~
¡ 'f~~¡ o¡~~~!~i~i~¡:' ~ ~ ~ N - [
¡ ;; ,=¡\!¡¡¡1¡¡¡ I
! :; i !;:::ï -! ,-: - , . ,:I,. ::::~
; ,.,j, :íi::lii,I,~¡1 1 :11'1' a"" ,-~'\; ,',',' I
i 'LI 1"'=sl~:!I~::S . ~:I 7-'" t:, 00,',',
, ,oo: ¡:¡;. .:.,.: i ~ "". ,',','.
¡:I~~I:!~,:~!~I~i~I;~~ .~' ~..~ ...
¡ aJ¡ :S33:G,[:J'G¡ ~;iì 1.'!' 'IJr-!lf 'HIII'II! '-'If m lfq!m
, '0 I":." 1_-'-'I-"¡!'il "I III'
!', :0::,1 ::;.=::=1:'",1--' ~t-H'i::I¡ '! '1I'¡IH;~'--I~I!¡¡:i'1
i ~¡.! :¡: ;:j::ä;: ,,!;!,., H,!li¡I-'~i!:'!! l
¡ H¡ :!::i:i: !¡~ 1¡-IJ,II!¡!ll!IW:li:¡I.:¡!Vi:H¡II! ~
1 ,,'i,::;P¡i:1i¡- ~! 1(Ylllii;¡II"I;!!I illj'¡
,"::..":¡:¡¡: ,",-, --., "
: "~I":""":"i"": J,"-r¡l!,!'¡!ldl'lil,ll'¡d¡l!
,¡~,: I:: "!""II!'!!"""""]]:'!'!
1,,-::,,::::,'::::::::. ""II".!! "¡' G"I¡O~II",,¡!l,
,...,,;r,.,.-..,.., '1'1 'I' 1'1'1
¡ !'~~¡ :~~~!~!~ !~~ ¡¡HII,ln, ,;:d.!:¡ ì: :11,11;1
::-.::~;.::¡:..;:" ".?,':i.' ',. !,.. I
: :;:;:: :.==:=i= ;z: .:J'ý
, , .. ' ..,. . oo' /."7
¡ i &¡: i: : ..¿-
¡¡._¡i.~J~¡,~¡::~ .
I -
¡i',I,I: t :1"1 -
8~1:!)11!¡111 E:' ~ ,1 'I
I I,I:I! ¡. u. ! - .
" I
¡
,
, j ¡ i ...
'0 :, , , ' ! ~_o,
"i n .:~~
~ ,I "
'0 ~ 69r,,')1 i ! :::~
Ii " I . ~ ;'-".'
~ (E . = '. '
c . I ' :'
! : Ii . /~~
! I :.'.
. .';,.,'--' _'0 "J!ig'
~".,'.."... ,i I, ;""',
'~1\'" " , .. --- 0 o. . . !.t'"'"
,¿f. :;;;.f'.r,1J. . " , .. ......... .. - ,- ¡¡ I' ::, :'-'
./" ,. . C I"
~I"'" ,,'/",','/",ilf.,). ... , "..,'. 'Ë ! .;:/
--.... ",u._co-\,. , I I' -:
, ~ifj:~~~<: " .' I . '.. . ,'" ,i f\ . ~ . L j --:~¡,~
~ < <,.;.::;:~;.-:-"-",, . I )J; í,' ~ 'I" ..'-,
'-' I- "~-<o,-,"""'-'.,"',' 0 I ¡,' ',I' ,"
Z :.o:..::"~:~,,o:,,_.. ~ , , I ¡,i,
<:I.:-Cf') '¡.~."","",:"""\', "0; 1 I 'n
~ ~ ~ . ~l;"K':~\ :,.,- . o::! ;,\1:
<: 0 I ,. '-:1]'" = ~ "111
:::EZU ~. : '" :. ~ ~I:
wf-U- I ",
(,) 2 0 ¡ ~ I ,. ~o... I ;. ;1' /""
<: t:: >- t ~ ~ \'\'" I ",
ful-t:: '2:, . ...." '1"1' ,'"
z3~ !É' "l:' ,¡¡,~ ,:.
Ë: I I¡' " , ' ~I"
- 0 I- " . ' ' ' ' : :r'J, '
i' ~ " '. -.:, 0 ," ,: if, ~-,
~ ,0' .' '
~ ..,' ','->:¡ ,
,- -, j~~,~" ~' 0'
~ -r--, ,Æ:i:::::i:ii::::::J,./ ... ° ¿.
c ' --.:-r" )":':':'~" oF
.. - i ,¡:"'¥' "
j', " :V~.r" "
1 t,. "\11'111'1111\1 ,t/,. 0' ,', 'i,
Jl¡ ll¡'l:1illi!I,n¡':I:~III:ill!11 ,0 "l.t, .I"o,~,:
11 I :I{,. ' '1,1 II III II! I'll! ' ,"
11!1¡!'~i III! I¡III!I" 'II!!;' ,I ¡,I, ' ,: ~
.\1111111'1\1\ 1 IIII¡'.III "111\"11 1\'11\, ¡; (0 "
\ 111"" .. II ,,' I' , ! "
11Ij,!;:I:j,,¡I'II¡\I'\!¡111I';¡:!!'¡¡: . '\. \ I -,
- :!1 IIJ! j 1 ' HI ,¡ . 1,'1 II! I \ ! :
lIilllllllillll! lh.thl, l!tlll, l!all! - /(x, '"
tv.:, nl:1 ~ ~ !(
I [~ ~ ti 1\ ~ ~~ ' ---- ..:,; "
,,' .. ~J. /c2:J>-> ,~
'Ii iJ .::;
~
open spac. district 24 Canyon Views
0
.."
'"
:z
--- '"
.."
>
n
'"
TRACT NO ~
'"
~
CRNTON V!EH KOMES n
-t
.. ....
---- ~-.. ._/ f '"
..,.
. ;s¡,~ -:;::: -;:"::r :';; ;.. I
"""--".--. '--
-,- M ....., .'.-... -..-
:; :::-:'M;.~;'~:=:'..;..
. ..... "" .. .. _""0. ... .... .. """
-, .- ..."" 'M -- ,...,.. _.
-... -, .. M - ..~'"
M"_"-'._M' .U.-.-..
.-"'-"""- !
¡;
t
!
i
I
.
.
(
¡
'- '. -
~
-...
ATTACHMENT 3
COUNCIL AGENDA STATEMENT
I
Meeting ate 07/22/97
ITEM TITLE: R l' / ð"?/ ~ b'd d d'
eso utlOn Acceptmg I san awar mg landscape maintenance contracts for
Open Space Districts 3, 4, 8, 11, 14, 15 and 24 to New Way Professional
Services and RC Landscape
SUBMITrED BY: Director of Parks, Recreation and Open Space cfI-
REVIEWED BY: City Manager ~:{~. (4/Sths Vote: Yes - No ..x>
Request for bids to provide landscape maintenance services for Open Space Districts 3, 4, and 8, II, 14,
IS and 24 were let on May 28, 1997. These districts went out to bid because their existing contracts had
come to tenn and expired June 3D, 1997.
RECOMMENDATION: That the City Council adopt the Resolution and accept bids and award the
contracts to the following low bidders:
3, 4 and 8 New Way Professional Services $70.232.36
11 R C Landscape $49,000.00
14, 15 and 24 R C Landscape $124,350.00
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION: This item was carried over from the Council meeting of June 24, 1997 for further bid
analysis. In the interim, landscape maintenance has been perfonned in these districts via a one month
extension of the existing FY 96-97 contracts, Sealed bid~ ,were received by the City's Purchasing Agent
on June 10, 1997 to provide landscape maintenance for Open Space Districts 3,4, 8, 11, 14, 15 and 24.
Following the formal publication of the Notice to Bidders, forty eight (48) potential bidders were
contacted including five (5) Chula Vista vendors. A total of 10 contractors attended the pre-bid
conferences and tours conducted on May 28, 1997. A minimum of three companies submitted bids for
the cluster. All of these companies submitting bids are now perfonning landscape maintenance for the
City. The proposals submitted reflect a competitive bidding process.
Chart A is a summary of the bids submitted for Open Space Districts 3, 4 and 8.
'... "'.,'..,.""., .'\..'..'. . ..<
Contractor
New Way Professional Services $70,232.36* *Low bid based on cash discount
terms
R C Landscape $70,000.00
Alvezia $87,767.31
C
[NITWORK-AlIJ-OS348,AI3-July 16.1997] ~cJ- - .S?
Page 2, Item -
Meeting Date 07/22/97
The low bid for this bid cluster was submitted by New Way Professional Services, who is the current
contractor perfonning landscape maintenance in these Open Space Districts as well as Open Space District
20 SPA's II and III.
The bid submitted is 6.17% LESS THAN the cluster contract price for the past Fiscal Year. It is the
opinion of staff that the contract low bid is fair and reasonable and should be accepted. Staff
recommends that Open Space Districts 3, 4 and 8 be awarded to New Way Professional Services for the
yearly amount of $70,232.36. The net bid after the lh % discount for monthly payments within 15 days
after submitting the montWy invoice is $69,981.20. The terms of this agreement is for a one-year
contract and three one-year options. Options are contingent on the City's satisfaction with the level of
service and the new contract price is based on the annual CPI.
Chart B is a summary of the bids submitted for Open Space District 11
Alvezia $46,868,99" "Bid withdrawn by contractor
R C Landscape $49,000.00
Blue Skies $57,385.54
The lowest responsible bid for Open Space District 11 was submitted by R C's Landscape Maintenance.
The bid submitted by Alvezia was subsequently withdrawn by the contractor because of major
computation errors on their part. The bid submitted by R C's is 12.46% LESS THAN the previous
contract price. It is the opinion of staff that the contract low bid is fair and reasonable and should be
accepted. Staff recommends that Open Space District 11 be awarded to R C's Landscape Maintenance.
Chart C is a summary of the bids submitted for Open Spa¡;e Districts 14, 15 and 24.
Alvezia $76,618.05" "Bid withdrawn by contractor
R C Landscape $124.350.00
Blue Skies Landscape $130,533.00
The lowest responsible bid for bid cluster 14, 15 and 24 was submitted by R C's Landscape Maintenance.
R C's is currently perfonning satisfactory work on Open Space Districts 2,6,7, 17, .23 and 26; EastLake
Landscape District Zone D (Salt Creek); 18; and the Bayfront Trolley Station. The bid submitted by
Alvezia was subsequently withdrawn. The bid submitted is 5.58% LESS THAN the past fiscal year
contract price. Staff recommends that Open Space Districts 14, 15 and 24 be awarded to R C's for the
yearly amount of $124,350.00.
The terms of the contracts are for a one-year contract and three one-year options, The one year options
are contingent on the City's satisfaction with the level of service. It is the intention of staff to resolicit
bids on these districts in combination with the remainder of the open space districts whose contracts will
come to term at the end of this present fiscal year. In doing so, it would accomplish two goals: (1) it
[NEIWORK.AII3.0S348.AI3. wy 16. t997] ~ /e2 -3g--
Page 3, Item -
Meeting Date 07/22/97
would synchronize all the maintenance district contracts to be on the same cycle, and (2), this will afford
staff the opportunity to reconfigure and recluster the districts to provide the most attractive bid clusters
or to bid individual districts to provide the greatest economy of scale to lower the maintenance costs to
districts. If this process is successful in lowering the maintenance costs of these districts staff will
recommend NOT renewing this contract for the following fiscal year 98-99.
SUMMARY: Both New Way and R C's have and are perfonning satisfactory landscape maintenance
in various districts in the City. Both companies maintain major projects in the City. New Way maintains
EastLake Home Owners Association and the Chula Vista Recreational Vehicle Park at the Marina.
Economies of scale often factor into bid prices. Companies which perfonn work in the area consistently
submit lower bids than companies which perfonn no work in the South Bay Area. Staff is optimistic that
New Way Professional Services, as well as R C's, will staff these landscaping projects adequately to
provide acceptable maintenance for these Districts. It is the recommendation of staff that New Way
Landscape be awarded Bid cluster 3, 4 and 8; and R C's be awarded District 11 and Cluster 14, 15 and
24.
If either company is unable to satisfactorily perfonn the maintenance specifications, the City can provide
a thirty (30) day notice and tenninate the agreement. A new RFP would be solicited from one of the
existing contractors doing other Open Space work.
FISCAL IMPACT: All City staff costs to administer and supervise contracts are borne by the
respective assessment districts.
Attachments: Open Space District 3,4, 8, ll, 14, 15, and 24 Maps
[NETWORK-AI1J-0S348_A1J-Joly 16.1997) ~~~ /c2-:'l;
EXCERPT FROM MINUTES OF JULY 22,1997 ATTACHMENT 4
ML'\ùTES OF A REGULAR MEETL>\G OF THE CITY COID'CIL
OF THE CITY OF CHULA VISTA
Tuesday, July 22. 1997 Council Chambers
6:05 p.m. Public Services Building
7. RESOLUTION 18711 ACCEPTING BIDS AND AWARDING LAI\'DSCAPE MAINTENA,NCE
Cm,'TRACT FOR OPEN SPACE DISTRICTS I, 5, 9 AND ]0 TO NEW WAY PROFESSIONAL
. Bob Arciaoa. 4113 Sweetwater Road. Bonita. representing RC Landscape. stated that they did make several
erTOrs in the additi';n, but they 'l"ere not large amounts in comparison to what the total bid was. The error that they
did make is in favor of the Cit~'. and they were willing to work for that amount. It will not be a burden for them.
He did not protest the last op~n space contracts that were suhmitted. They also had addition mistakes.
Councilmember Mobt asked if we could bifurcate Resolution 18712 and approve Districts 3, 4, and 8 only and then
direct staff to analyze the July 22nd letter from Blue Skies and give Council a report back at wruch time a decision
regarding Open Space Districts II, 14, 15, and 24 could be made.
John Kaheny. City Attorney, stated that staff could amend the resolution as so stated.
Council member Salas stated that was acceptable to her.
RESOLUTION 18712 AS AMEI\'DED TO INCLUDE DISTRICTS 3, 4, AI\'D 8 ONLY OFFERED BY
MA YOR HORTON, he:¡ding re:¡d, text wai\'ed, passed and appro\'ed 4-0-1 (Padilla absent) with staff to
return to Council regarding DistricL' 11, 14, 15, and 25.
/0< -j/¿J
COUNCIL AGENDA STATEMENT
Item 1.3
Meeting Date 8/12/97
ITEM TITLE: Resolution) 8"7 ¿:V:ppropriating funds from the Traffic Signal Fund to
reimburse developer for costs involved with traffic signal relocation at the
southeast comer of Third A venue and Palomar Street
SUBMITTED BY: Director of Public Works ~
REVIEWED BY: City Manager ~~l, (4/5ths Vote: Yes~ No_)
Kentucky Fried Chicken (KFC), developer ofthe property 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 Avenue 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 Pennit 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 A venue 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.
/:J~ J
Page 2, Item -
Meeting Date 8/12/97
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$17,846.40 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 of Chula 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 ofthe
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 ofthe 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 IMP ACT: 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 final amount of the reimbursement will be
determined by that review.
/3--;2-
Page 3, Item-
Meeting Date 8/12/97
Attachment: Council Policy No. 478-01
FileNo. 7l0-45-PC-1l67
HolHOMEIENGINEERIAGENDA IKFCMA
August 6.1997 (4o17pm)
/J-3
RESOLUTION NO. /?J?¿~
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 g~ve 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:\rs\signal.kfc
/7-3//.3-'1'
II COUNCil.. POLICY I
CITY OF CHULA VISTA
SUBJECT: PARTICIPATION BY PRlVATE DEVELOPERS IN POLICY EFFECTIVE
THE FlNANING 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 C;OUNQL ACTION 02-17-81
PURPOSE
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.
BACKGROUND
New developments, 'Yhether 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 panicipate 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 proponionate 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-tenD
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 current usage.
STATEMENr 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 addirional
residential dwelling units are created.
3. StrUctUral, occupancy, or use modifications to existing commercial or industrial developments which
are projected to increase the average daily traffic generated relative to the total deve1opment site by
2% or more shall be subject tò payment of the traffic signal charge to the eXtent of the projected
increase in traffic. Traffic volume detenninations/projections for current and furore traffic at the
site shall be made by the City Engineer who shall be required as a condition of approval to any
JJ~-5
COUNCIL POUCY
CITY OF CHULA VISTA
SUBJECf: PARTIOPATION BY PRlVATE DEVELOPERS IN POUCY EFFECTIVE
THE FINANCING 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 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 installatiol). 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 prior level of traffic generation. Credit applied
shall not exceed the amount due under the new use. Where a specific traffic generation projecr'.on
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.
Ttaff!c 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 faciilty
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 watTant system specified in C.V. Code Section 10.24,070) 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. No interest shall accumulate on the amount to be
reimbursed. Reimbursement for any given installation shall commence only when and if funds are
..
)3-~
COUNCIL POUCY
CITY 0 F CHUlA VISTA
SUBJECf: PARTIOPATION BY PRJVATE DEVELOPERS IN POLICY EFFECTIVE
THE FINANCING AND/OR INSTALLATION OF NUMBER DATE PAGE
TRAFFIC SIGNALS
478-01 08-08- 78 2 OF 5
ADOPTED BY: Resolution No. 13857 I DA1ED: 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 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 land
use category as shown on Table I less credit for any prior level of traffic generation. Credit applied
shall not exceed the amount due under the new use. Where a specific traffic generation project'.on
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~ 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 facilIty
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 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 modificaDon 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 is1and construction.
10. The City may require that a developer whose project creates an immediate need for signalization
(per wan-ant system specified in C.V. Code Section 10.24.070) 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. No interest shall accumulate on the amount' to be
reimbursed. Reimbursement for any given installation shall commence only when and if funds are
-
/3~?
COUNCIL POUCY
CITY OF CHULA VISTA
SUBJEcf: PARTICIPATION BY PRlVATE DEVELOPERS IN POLICY EFFECJ1VE
THE FINANCING AND/OR INSTAU..ATION OF NUMBER DAm PAGE
TRAFFIC SIGNALS
478-01 08-08- 78 3 OF 5
ADOPTED BY: Resolution No. 13857 I DA1ED: 08-08-78
available in the Traffic Signa1 Fund and when all prior-date reimbursement commitments have
been satisfied in full.
11. The City may advance funds to the Traffic Signa1 Fund or provide funds for traffic signa1
insta1lation which funds sha11 be subject to reimbursement in the same manner as provided herein
for a developer.
TABLE I
VEHICULAR TRIP GENERATION TABLE (ONE-WAY TRIPS)
LAND USE CATEGORY TRIP GENERATION FAcrOR (pER DAY)
Residential
Single family detached 12
MuIti-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
Genera1 office building 12 trips per 1,000
sq. ft. of leasable area
Medica1/dental building 75 trips per 1,000
sq. ft. of leasable area
Shopping center -
to 49,999 sq. ft. 115 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
100,000 to 199,999 sq. ft. 60 trips per 1,000
sq. ft. of leasable area
,
/J~Ý'
I COUNCIL POLICY I
CITY OF CHUlA VISTA
SUBJECf: PARTICIPATION BY PRlVATE DEVELOPERS IN POLICY EFFECTIVE
THE FINA."JCING AND/OR INSTALLATION OF NUMBER DA1E PAGE
TRAFFIC SIGNALS
478-01 08-08- 78 4 OF 5
ADOPTED BY: Resolution No. 13857 I DA1ED: 08-08-78
TABLE I (continued)
LAND USE CATEGORY TRIP GENERATION FACTOR (pER DAY)
200,000 ro 499,999 sq. ft. 50 rrips per 1,000
sq. fro of leasable area
500,000 to 999,999 sq. fro 35 rrips per 1,000
sq. fro of leasable area
over 1,000,000 sq. fro 30 rrips per 1,000
sq. fro of leasable area
Bank 175 rrips per 1,000
sq. fro of floor area
Savings $ Loan 75 rrips per 1,000
sq. fr
Discount store 65 trips per 1,000
sq. fro of leaseable area -
Low rum. over or "full meal" 55 trips per 1,000
type restaurant sq. fro of gross floor area
High turn-over or 'coffee shop" 165 rrips per 1,000
type restaurant sq. fro of gross floor area
Drive.In restaurant 550 rrips per 1,000
sq. fro of gross floor area
Service Station 750 rrips per day
Supermarket 125 rrips per 1,000
sq. ft. of gross floor area
Convenience Market (16 hr.) 320 rrips per 1,000
sq. fro of gross floor area
Convenience Marker (24 hr.) 575 rrips per 1,000
sq. ft. of gross floor area
Indusrrial
*Industrial 5 rrips per 1,000
sq. fro of gross floor area
-OR-
60 rrips per acre of
gross me area
*General Light Industrial 5 trips per 1,000
sq. fro of gross floor area
J.J"j
I COUNCIL POLICY I
CITY OF CHUl.A VISTA
SUBJECT: PARTICIPATION BY PRlVATE DEVELOPERS IN POLICY EFFECTIVE
THE FINJ.SCING AND/OR INSTALLATION OF NUMBER DATE PAGE
TRAFFIC SIGNALS
478-01 08-08-78 4 OF 5
ADOPTED BY: Resolution No. 13857 I DATED: 08-08-78
TABLE I (continued)
LAND USE CATEGORY TRlP 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 rum'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
/:I-It?
I COUNCIL POLICY I
CITY OF CHUlA VISTA
SUBJECT: PARTICIPATION BY PRlVATE DEVELOPERS IN POLICY EFFECTIVE
THE FINANCING AND/OR INSTALLATION OF NUMBER DATE PAGE
TRAFFIC SIGNALS
478-01 08-08-78 5 OF 5
ADOPTED BY: Resolution No. 13857 I DATED: 08-08-78
TABLE I (continued)
LAND USE CATEGORY TRlP GENERATION FACTOR (pER DAY)
-OR-
50 trips per acre of
gross sIte area
"Industrial Park 8 trips per 1,000
sq. fro of gross floor area
-OR-
70 trips per acre of
gross sue area
- "Manufacturing 4 trips per 1,000
sq. fro of gross floor area
-OR-
55 trips per acre of
gross sue area
"Warehousing 5 trips per 1,000
sq. fro 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.
/3-//