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HomeMy WebLinkAboutAgenda Packet 1999/12/07 "I dedare under penalty of perjury that I am em:,b'/o'~ h:: ":~·¡c C~:\f of Chula Vista In the O;Lc::ü o'¡ "';"3 :r;:Hy C[::·:->~ :::'1-1 e~:::~ ! pC9tod th"",:" r "0';1 "~r~--'·" ", :~" II HI" ., d nt ,,(,;;/ ",,'"".,_ ..1.;.1.." 1,..-,; ... .. ..J,¡..J n ....O\:1r - AGENDA the ¡ 'u')i:c sl.r!l~g ,;" ,In ; ';!J at City ~~ DATGh. J~ /) 1 SIGN¡¿D, /ifr~ . December 7, 1999 4:00 p.m. CALL TO ORDER ROLL CALL: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Horton. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY 1. Employee Recognition Award of the Month - Mary DonneJJy, Secretary to the Redevelopment Agency. A proclamation will be presented by Mayor Horton. CONSENT CALENDAR (Items 2 through 10) The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by the Council by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that the item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action Items. Items pulled by the public will be the first items of business. 2. WRITTEN COMMUNICATIONS A. Letter of resignation ITom Barbara Charett, member of the Library Board of Trustees Staff recommendation: The resignation be accepted with regret and the City Clerk be directed to post immediately according to the Maddy Act in the CJerk's Office and the Public Library. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FIVE YEAR CONTRACT WITH THE CROSS CURRENT CORPORATION FOR SOFTWARE MAINTENANCE OF THE COMPUTER AIDED DISPATCH SYSTEM FOR POLICE AND FIRE In March 1997, the Council approved a contract with Unisys Corporation for hardware and software to operate a Police and Fire Computer-Aided Dispatch system. As part of the original purchase contract, Unisys was required to provide the City with software maintenance of the CAD system untiJ December 31, 1999. To keep the system running at peak efficiency, a software maintenance contract with Cross Current Corporation is necessary. The proposed contract includes features such as an annual rate cap and several performance thresholds which must be met by Cross Current Corporation. Staff recommendation: Council adopt the resolution. (Director of Management and Information Services) - ----.--.-.- ..---. ---_."~~_._"" ..~.__.,_.._---- 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $45,000 TO FUND MISCELLANEOUS EMPLOYMENT RELATED MEDICAL EXPENSES FOR THE BALANCE OF THIS FISCAL YEAR (4/5TH' S VOTE REQUIRED) In 1989, the City entered into an acquisition agreement with the Community Hospital of Chula Vista, which was later assumed by Sharp Healthcare. The agreement provided a $1,000,000 "Services" account, which has been used by the City to provide a lower cost option health plan for employees and to fund employment related medical costs. The ten-year term of the agreement officially ended in May of 1999. Sharp agreed to extend the terms of the agreement through December 31 ". In order to provide employment related expenses through the end of the current fiscal year, an appropriation of $45,000 is required. Staff recommendation: Council adopt the resolution. (Director of Human Resources) 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VIST A ADOPTING THE CITY OF CHULA VISTA CAFETERIA BENEFITS PLAN FOR 2000 The Internal Revenue Code requires that employers offering cafeteria plans under Section 125 have a written plan document and that the employer adopt the plan document annually. Staff recommendation: Council adopt the resolution. (Director of Human Resources) 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $71,088 FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND FOR THE 2000 CAFETERIA BENEFITS PLANS RELATIVE BUYING POWER PROVISIONS (4/STH'S VOTE REQUIRED) To provide employees with relative buying power from year to year, labor agreements with the City's employee groups include provisions for adjustments to beginning Cafeteria Plan balances when health insurance rates increase. The City and its employees share the increases 50/50. Staff recommendation: Council adopt the resolution. (Director of Human Resources) 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING A THREE-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA, JEFF KATZ ARCHITECTURE (CONSULTANT) AND AYRES LAND COMPANY, (APPLICANT) FOR ARCHITECTURAL SERVICES TO BE RENDERED WITH REGARD TO THE DESIGN AND CONSTRUCTION OF APPLICANT'S PROJECT FIRE STATION #3 IN THE SUNBOW DEVELOPMENT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT During this fiscal year, Council approved CIP Project Number 129, which provides for the relocation and construction of Fire Station Number 3 from its current location to a site on Brandywine Avenue in the Sunbow Development. Preliminary planning, engineering and design are to occur this fiscal year with construction the following fiscal year. In accordance with the Supplemental Subdivision Improvement Agreement with the developer, ACI Sunbow, a modified three-party agreement has been negotiated. Staff recommendation: Council adopt the resolution. (Fire Chief) Page 2 - Council Agenda 12/07/99 ~.-..-.-.... .._-~-_..------- ---- --.. -~~~--_...~._-_._-_._,._-- 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CITY OF CHULA VISTA'S UPDATE OF THE FUNCTIONAL HIGHWAY CLASSIFICATION MAPS The Federal-Aid Highway Act of 1973 required the use of functional highway classification to update and modifY the Federal-Aid highway system. This legislative requirement is still effective today and is part of the Transportation Equity Act for the 21" Century (TEA-21). The TEA-21, which builds on the major changes to federal transportation policies and programs addressed in the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), was enacted into law on June 9, 1998. TEA-21 continues the provisions related to ISTEA. The functional classification of roads in Chula Vista have not been updated for a considerable period of time. This resolution will satisfY the TEA-21 requirements. It is also in response to a request by Caltrans to approve the update. The due date for submitting the update was extended by Caltrans to December 3, 1999. (Continued from November 30, 1999) Staff recommendation: Council adopt the resolution. (Director of Public Works) 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING CITY'S INTENTION TO UNDERGROUND OVERHEAD UTILITIES ALONG FOURTH A VENUE FROM "H" STREET TO "L" STREET AND SETTING A PUBLIC HEARING FOR THE FORMATION OF UTILITY UNDERGROUND DISTRICT NUMBER 131 FOR JANUARY 25,2000 AT 6:00 P.M. Public hearings were conducted before Council on September 1 and 15, 1998, and CounciJ approved an ordinance adopting the new franchise agreement with SDG&E during the second hearing. Part of the new franchise agreement involves the allocation of California Public Utilities Commission Rule 20A funds for constructing utility underground conversion projects. Fourth Avenue from "H" Street to "L" Street is one of these projects scheduled for completion in the year 2000. Staff recommendation: Council adopt the resolution. (Director of Public Works) 10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR "SIDEW A1i.K REPLACEMENT AT VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA, CALIFORNIA (JY-065F)" PROJECT On October 27, 1999, sealed bids were received for this project. The work includes excavation and grading, sidewalks, driveways, curbs and gutters, asphalt concrete pavement, removal and disposal of existing improvements, traffic control, protection and restoration of existing improvements, other miscellaneous work, and all labor, material, equipment, and transportation necessary for the project. Staff recommendation: Council adopt the resolution. (Director of Public Works) ORAL COMMUNICA nONS Page 3 - Council Agenda 12/07/99 -_.. -..-.~.-_..--...---- ~._-- ....--,.-. .---- PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The following items have been advertised and/or posted as public hearings as required by law. If you wish to speak to any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 11. PUBLIC HEARING TO CONSIDER A TENTATIVE SUBDIVISION MAP KNOWN AS EASTLAKE TRAILS SOUTH TS-7, TRACT 00-01 FOR A 96-UNIT CONDOMINIUM PROJECT ON 8.9 ACRES LOCATED ON THE SOUTH SIDE OF CLUBHOUSE DRIVE, BETWEEN FUTURE SILVER SPRINGS DRIVE AND GRANITE SPRINGS DRIVE, WITHIN THE EASTLAKE TRAILS PLANNED COMMUNITY - APPLICANT: SHEA HOMES RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL APPROVING AND IMPOSING CONDITIONS OF THE TENTATIVE SUBDIVISION MAP FOR EASTLAKE TRAILS SOUTH TS-7, CHULA VISTA TRACT 00-01 The project consists of a 96-unit condominium project on an 8.9 acre site. The tentative subdivision map being requested is to allow the housing units to be sold separately as condominiums. The land will remain under common ownership with exclusive rights to use appJicable fenced yard areas. The circulation system consists of private streets. Staff recommendation: Council adopt the resolution. (Director of Planning and Building) 12. PUBLIC HEARING REGARDING THE FORMATION OF A REIMBURSEMENT DISTRICT FOR THE CONSTRUCTION OF THE SHIRLEY STREET SEWER RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ALLOCATION OF COSTS AND AUTHORIZING THE FORMATION OF A REIMBURSEMENT DISTRICT FOR THE SHIRLEY STREET SEWER Based on residents' requests, the City recently constructed a sewer line in Shirley Street between North Second and Del Mar Avenue. Staff proposes that the City be repaid for the cost of constructing this sewer through a reimbursement district. Staff recommendation: Council adopt the resolution. (Director of Public Works) 13. PUBLIC HEARING ON THE ACQUISITION OF CERTAIN PROPERTY RIGHTS ON A PORTION OF LAND LOCATED WITHIN VILLAGE FIVE OF CHULA VISTA TRACT NO. 96-04 (OT A Y RANCH SP A ONE) FOR THE CONSTRUCTION OF P ASEO AND PARK P-9 RESOLUTION DETERMINING AND DECLARING THE PUBLIC NECESSITY TO ACQUIRE CERTAIN RIGHT-OF-WAY AND EASEMENTS FOR A PORTION OF LAND KNOWN AS OTAY RANCH PARCEL 35A, LOCATED IN VILLAGE FIVE OF CHULA VISTA TRACT NO. 96-04 AS LISTED BELOW FOR THE GRADING AND CONSTRUCTION OF P AS EO AND PARK P-9 AND AUTHORIZING THE COMMENCEMENT OF CONDEMN A TION PROCEEDINGS BY OUTSIDE COUNSEL TO ACQUIRE SAID RIGHT-OF-WAY Page 4 - Council Agenda 12/07/99 The hearing is to consider approval of a resolution to initiate eminent domain proceedings to acquire the fee simple of a portion of land that will accommodate portions of the Paseo and Park P-9 in Village Five of the Otay Ranch SPA One. The condemnation will also include the granting of temporary and permanent easements for slope and drainage purposes, which are necessary to construct said paseo and park. Staff recommendation: Council continue the hearing to December 14, 1999. (Director of Public Works) ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 14. CITY MANAGER'S REPORTS A. Scheduling of meetings, 15. MAYOR'S REPORTS A. Appointment of Deputy Mayor. 16. COUNCIL COMMENTS Councilmember Salas A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DIRECTING CITY STAFF TO RESEARCH AND PREP ARE A RECOMMENDATION FOR COUNCIL CONSIDERATION REGARDING ENACTMENT OF THE MILLS ACT IN CHULA VISTA The Mills Act, Statutes of 1977, provides incentives to encourage the preservation, maintenance and restoration of designated historic properties. Adoption of the resolution will direct staff to research and prepare a recommendation for Council consideration regarding enactment of the Mills Act in Chula Vista. Recommendation: Council adopt the resolution. ADJOURNMENT to a Çtvsed Session and thence to the Regular Meeting of December 14, 1999, at 6:00 p.m. in the Council Chambers. *** A Joint Meeting ofthe Redevelopment Agency, City Council and Housing Authority will be held immediately following the City Council Meeting. *** Page 5 - Council Agenda 12/07/99 _______._m__.___~__~_.___.__ "I r4er;'~"e .,....,,~ '1r-....,~."." ,....~ -r>'''_;~'~~' ~o,..4>.,I- , '-'11 e' '.".' REVISED AGENDA (12/03/99) ~ .'_ ..J ":"'r"a~ t'~ .VI I . "..: .~ "_.,,,~-1,a '''' J d""· ~,~:e_" ,1?ttMi:J.- S:.;" ' )li'in'fh~;I " ' Tuesday, December 7, 1999 Council Chambers 4:00 p.m. Public Services Building (immediately following the City Council Meeting) CHULA VISTA CITY COUNCIL CLOSED SESSION AGENDA Effective April 1, 1994, there have been new amendments to the Brown Act. Unless the City Attorney, the City Manager or the City Council states otherwise at this time, the Council will discuss and deliberate on the following items of business which are permitted by law to be the subject of a closed session discussion, and which the Council is advised should be discussed in closed session to best protect the interests of the City. The Council is required by law to return to open session, issue any reports of final action taken in closed session, and the votes taken. However, due to the typical length of time taken up by closed sessions, the videotaping will be terminated at this point in order to save costs so that the Council's return ITom closed session, reports of final action taken, and adjournment will not be videotaped. Nevertheless, the report of final action taken will be recorded in the minutes which will be available in the City Clerk's Office. 1. CONFERENCE WITH LABOR NEGOTIA TOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6: City Negotiator: City Manager Employee organizations: Chula Vista Employees Association, Chula Vista Mid-Managers Association, Western Council of Engineers, Chula Vista Police Officers Association, and Local 2180 International Association of Fire Fighters AFL-CIO. 2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: 1497 Brandywine Avenue, Assessor's Parcel #644-171-04-00 Negotiating Parties: City of Chula Vista (Cliff Swanson) and Richard and Sandra Dare ( owners) Under Negotiation: Purchase terms and conditions _ _ _ _.".~ _._._.._ __ __" _,.._........_ ...._ __ _. _. _" _..._._.__.. .___.._ "..-__ " ..." __._m_.'.'w_,~",_,,____ _ _____.__._...__...._.______._____ ""___n ""'" """i ~......~ @"..~ . "V ' . . . """" 1"\ t' '~. .~ C!··. '\;; -. ,y- 'iíi.'''V·~WIo Tuesday, December 7, 1999 Council Chambers 4:00 p.m. Public Services Building (immediately following the City Council Meeting) CHULA VISTA CITY COUNCIL CLOSED SESSION AGENDA Effective April 1, 1994, there have been new amendments to the Brown Act. Unless the City Attorney, the City Manager or the City Council states otherwise at this time, the Council will discuss and deliberate on the following items of business which are permitted by law to be the subject of a closed session discussion, and which the Council is advised should be discussed in closed session to best protect the interests of the City. The Council is required by law to return to open session, issue any reports of final action taken in closed session, and the votes taken. However, due to the typical length of time taken up by closed sessions, the videotaping will be terminated at this point in order to save costs so that the Council's return from closed session, reports of final action taken, and adjournment will not be videotaped. Nevertheless, the report of final action taken will be recorded in the minutes which will be available in the City Clerk's Office. 1. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6: City Negotiator: City Manager Employee organizations: Chula Vista Employees Association, Chula Vista Mid-Managers Association, Western Council of Engineers, Chula Vista Police Officers Association, and Local 2180 International Association of Fire Fighters AFL-CIO. ------~-_._" RECEIVED '99 MIV 18 Al1 :20 CITY OF CHULA VISTi CITY CLERK'S OFFICE October 27,1999 Susan Bigelow, City Clerk City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Dear Susan, It is with regret that I must submit my resignation ITom the Library Board of Trustees as of this date. Enclosed is my exiting Statement of Economic Interest for your files. Sincerely, ~ 3--D.-~ ~co- ~ -' Barbara Charett Library Board of Trustees . (jWRITTEN COMMUNICATIONS ce· ~ /'3I~y ar ( ~ ~ -,---- ---------- .,. ...-- --.---.~--- COUNCIL AGENDA STATEMENT Item .s Meeting Date 12/07/99 ITEM TITLE: RESOLUTION Approving a five year contract with the Cross Current Corporation for software maintenance ofthe Computer Aided Dispatch System for Police and Fire. SUBMITTED BY: Director of Management and Information servic~ REVIEWED BY: City Manager (4/5ths Vote: Yes_Nol) In March, 1997, Council approved a contract with the Unisys Corporation for both hardware and software to operate a Police and Fire Computer Aided Dispatch System. The System went live on August 16, 1998 and is functioning well. In order to keep the system running at peak efficiency, a software maintenance contract with Cross Current Corporation is necessary. As part of the original contract to purchase the system, Unisys was required to provide the City of Chula Vista with software maintenance of the CAD system until December 31,1999. The proposed maintenance contract includes features such as an annual rate cap and several performance thresholds which must be met by Cross Current Corporation, RECOMMENÐA TION: That Council adopt the resolution approving the five-year maintenance agreement with Cross Current Corporation. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: In March, 1997, Council approved a contract with the Unisys Corporation for hardware and software to operate a Police and Fire Computer Aided Dispatch System and mobile data terminals in Police and Fire vehicles. The system has been completely installed and is operating successfully. Although the full system was not accepted until all of the phases had been completed, which was in September 1999, the LifeLine CAD portion of the system, which handles the dispatching of Police and Fire personnel, has been running since August 16, 1998. Since the period of free maintenance on the Lifeline CAD software expires on December 31, 1999, the City must enter into an agreement to continue maintenance after that date. Although the original Lifeline CAD system was written by the Unisys Corporation, they sold their interests in the product to a third party (Cross Current Corporation early in 1999. Since that time, City staff has interfaced with the staff from Cross Current on many occasions and has always received excellent support. Since they have taken over the product, Cross Current has been responsible for all modifications needed by the City, up to and including certification for Y2K. Staffis confident that the Cross Current Corporation will continue to provide excellent service in the future. The proposed contract with Cross Current is for six months of maintenance (January 1, 2000 - June 30, 2000) and has a provision to renew the contract each July I for the following five years at the City's option. The initial six months of the contract is for $45,000 and any increase in maintenance rates for each successive twelve month term is capped by the Consumer Price Index (CPI). By approving this contract, the City is assured of having the software kept up-to-date with the latest releases of the software as well as ensuring that any problems which arise will be fixed quickly. 8-1 ----_.;._-~.. ..- -- -".. Page 2 Item Meeting Date 12/07/99 Since the Cross Current Corporation now owns the rights to the LifeLine CAD software, they have the sole responsibility to maintain it. Staff feels that this contract best meets the interests of the City since it provides emergency support by Cross Current Corporation on a 7 day per week 24 hour per day basis, provides the City with software upgrades on a regular basis and has an annual fate cap provision. FISCAL IMPACT: The cost for the maintenance contract for FY 1999-00 will be $45,000. This amount has been included in the FY 1999-00 budget for Management and Information Services. This cost will increase at the beginning of years 2 through 5 by up to a maximum of CPI each year as part of the contract. 31 - if - --"---_.. ---._..._...-~..-,..----- RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FIVE YEAR CONTRACT WITH THE CROSS CURRENT CORPORATION FOR SOFTWARE MAINTENANCE OF THE COMPUTER AIDED DISPATCH SYSTEM FOR POLICE AND FIRE WHEREAS, in March, 1997, Council approved a contract with the unisys Corporation for both hardware and software to operate a Police and Fire Computer Aided Dispatch system; and WHEREAS, in order to keep the system running at peak efficiency, a software maintenance contract with Cross Current Corporation is necessary; and WHEREAS, as part of the original contract to purchase the system, Unisys was required to provide the city of Chula vista with software maintenance of the CAD system until December 31, 1999; and WHEREAS, the proposed maintenance contract includes features such as an annual rate cap and several performance thresholds which must be met by Cross Current Corporation. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby approve a five year contract with Cross Current Corporation for software maintenance of the Computer Aided Dispatch System for Police and Fire, a copy of which shall be kept on file in the office of the city Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized to execute said Agreement for and on behalf of the city of Chula vista. Presented by Approved as to form by Louie Vignapiano, Director of Management and Information Services H:\home\attorney\reso\cross.cad ""->1 .....- "~ ___ ___~··~___·_··__w__ -- -- - ------ Agreement between City of Chula Vista and Cross Current Corporation for Software Maintenance Services This agreement ("Agreement"), dated October 1,1999 for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph I is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals Whereas, The City of Chula Vista purchased the Lifeline Computer Aided Dispatch System and has installed it and now operates it; and, Whereas, The City of Chula Vista needs maintenance services for the system; and, Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; CV CCC Maintenance Contract Page 1 --:; - U ~ ! ----"----.---- -'-.--.--.---~---.---.----~. 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 ITames 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 Exhibit A to the Agreement between City and Consultant for Software Maintenance Services is specifically incorporated by reference. C. Reductions in Scope of . Work City may independently, or upon request ITom Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction, D, Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services (" Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph II (C), unless a separate fixed fee is otherwise agreed upon, All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or CV CCC Maintenance Contract Page 2 -""1 ~ / ---' ---_.~~._-,._._.._"--- shaJJ meet with the approval of the City: . Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage In the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City in the same manner as members of the general public ("Cross-liability Coverage"). 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 ofInsurance Coverage. (I) 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 A. (2) Letter of Credit In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. CV CCC Maintenance Contract Page 3 3-lo -~-----"~_.._._---~-"" (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. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. R 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 II, 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. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4, Term. This agreement shall be from January 1,2000 through June 30,2000 and will be renewable (at the City's option) annually ITom July I, 2000 through June 30, 2005. CV CCC Maintenance Contract Page 4 3- r7 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 performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"). Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions oftime, 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 Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by CV CCC Maintenance Contract Page 5 -, 7~ '., "":;) - ",J ~._- - _.....,-_.-._----_._-~-,_.-.-------_._~_._-".,-,._. the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. ConsuJtant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indemnifY, protect and hold harmless the City, its elected and appointed officers and employees, ITom 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, agents, or employees. Subject to the provisions in the following three paragraphs of Section 7, Consultants' indemnification of City shall not be limited by any prior or subsequent declaration by the Consultant. LifeLine CAD NT is a ported version ofUnisys' LifeLine CAD 16-bit product. Fundamental legacy architectural issues may exist in the LifeLine CAD NT product which may preclude specific issues from being resolved. Consultant will make every attempt to fix all reproducible software bugs that are reported. However, Consultant is not responsible to redesign the LifeLine CAD product architecture to address any problem that is tied to the product's legacy architecture. CV CCC Maintenance Contract Page 6 . . -1 3- 'j --~----~._-_..__....,---._.- -.- - .-----.. - -----~-_.__._"... -,..-...----..---.. ___'n"__' - -------------_._.._.._._----~~._-----_.._-_.- Because not all errors in LifeLine CAD software can or need be corrected, Consultant does not warrant that all LifeLine CAD software defects will be corrected, Similarly, Consultant does not warrant that the functions contained in the LifeLine CAD software will meet Client's requirement or that the lifeLine CAD software will operate in combinations selected for use by City. City hereby indemnifies and holds Consultant harmless from any liabilities claims, losses, damages, costs, charges and expenses including reasonable attorney fees which may arise or be caused by its use of the LifeLine CAD software product except for those liabilities, claims, losses, damages, costs, charges and expenses including reasonable attorney fees which are directly attributable to the services performed by Consultant pursuant to this Agreement. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifYing the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 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 effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 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 CV CCC Maintenance Contract Page 7 '. >:} - ! ¡) ........) ¡ -_.._.._--~.'_._--_."----- or novation), without prior written consent of City, City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants". 12, Ownership, Publication, Reproduction and Use of Material All rep0l1s, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City, No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such 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 Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms ofthis Agreement. 1 5. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing duties beyond the scope of the Software CV CCC Maintenance Contract Page 8 3- II - -~--~^.,_... _._...,-_..._--~-_.._-_._,~.,'-,.-- Maintenance Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. R Consultant is Real Estate Broker and/or Salesman Ifthe box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing Law/Venue Consultant is qualified and authorized to transact intrastate business in the State of California. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. [end of page. Next page is signature page] CV CCC Maintenance Contract Page 9 --:;¡ ! c, ~- I -t· _J '-- ----.----.... - ---,-------.---- Signature Page to Agreement between City of Chula Vista and Cross Current Corporation for Software Maintenance 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: Susan Bigelow, City Clerk Approved as to form: Dated: Cross Current Corporation By: ~~ Sam Hirsh, Vice President Exhibit List to Agreement (X) Exhibit A CV CCC Maintenance Contract Page 10 -:::¡ - 13 --' ' --+---_.._.~.- --,- -... --------- - --...--- _._~-~._.__.,,--,--_._- Exhibit A to Agreement between City of Chula Vista and Cross Current Corporation 1. Effective Date of Agreement: January 1, 2000 2. City-Related Entity: (X) City ofChula Vista, a municipal chartered corporation of the State of California () Redevelopment Agency of the City ofChula Vista, a political subdivision of the State of California () Industrial Development Authority of the City of Chula Vista, a () Other: , a [insert business form] ("City") 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: Cross Current Corporation 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership ( X) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 201 South Main Street Lambertville, NJ 08530 Voice Phone (609) 397-3980 Fax Phone (609) 397-6810 7. General Duties: Consultant will provide annual Lifeline CAD Software Maintenance support services to the City of Chula Vista, This agreement applies to the Lifeline CAD software as delivered to the City from Unisys and all modifications made by the Consultant. CV CCC Maintenance Contract Page II 3- 1'-1- __._....__n" ----"---- --.._~._-----_._--_..._..- The services provided under this agreement include LifeLine CAD application and technical telephone support, LifeLine CAD modem access, Lifeline CAD software fixes, and periodic LifeLine CAD software releases. 8. Scope of Work and Schedule: A. Detailed Scope of Work: Consultant will provide 7x2.J, twenty-four (24) hours a day by seven days a week, LifeLine CAD Software Maintenance support to the City's CAD center. As described in this paragraph, Consultant will provide telephone support for all LifeLine CAD problems between 8:00 AM and 6:00 PM Eastern Standard Time, Monday through Friday excluding holidays, Consultant will provide telephone support for A lewl bugs that occur in the LifeLine CAD software at all other times. The services provided under this LifeLine CAD Software Maintenance Agreement are limited to the LifeLine CAD software product only, Maintenance of the following are all outside the scope and are not included in this Agreement; hardware, network hardware and software, CAD interface hardware, any third party software, LifeLine utility software such as mapping/geo or other LifeLine CAD utility programs, and custom Crystal Reports. Any task not explicitly defined in this LifeLine CAD Software Maintenance Agreement is outside the scope of this maintenance Agreement. Consultant will provide the following LifeLine CAD Software Maintenance services: Telephone support for LifeLine CAD application questions. Telephone support for LifeLine CAD application problems. LifeLine CAD modem support through PC Anywhere or comparable product for remote access and troubleshooting. Windows NT support as it pertains to LifeLine CAD Systems Operations and Administration. LifeLine CAD software fixes. Periodic LifeLine CAD software releases. Note: This service does not include on- site support to install new LifeLine CAD releases. This LifeLine CAD Software Management Agreement is based on the following: Number of Servers and Workstations: Two (2) Servers Twenty-seven (27) Workstations Site Interfaces: E911 Tone Datamaxx SunPro LECS CBD TOO CV CCC Maintenance Contract Page 12 I . ~ i ....J ~,",,'" I Record Transfer MDC LifeLine CAD Software Bug Levels An A level bug is defined as: A reproducible bug which is critical in nature, i.e., makes the system unusable, and for which a workaround does not exist. (Note: Reproducible means consistently repeatable by following the same steps each time), A B level bug is defined as: A reproducible bug that is critical in nature in any LifeLine CAD software program but for which a work around exists. A C level bug is defined as: A reproducible bug that is in a non-critical feature of any LifeLine CAD software program. A D level bug is defined as: Reproducible cosmetic issues relating to data entry or other non-critical application issues that do not impact the usefulness of the LifeLine CAD software program. Non-reproducible bugs will be monitored and Consultant shall continue to troubleshoot these bugs on a best effort basis. Consultant is not responsible for any problems related to unauthorized use of third-party software with the Lifeline CAD system or for maintenance work which need to be performed due to the failure of the City to fulfill their responsibilities listed in Section 10. In these cases, Cross Current will be entitled to additional compensation as listed in Section I L R Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliver abies: Deliverable No. I: Maintenance services and support as needed and requested by the City. Deliverable NO.2: Deliverable NO.3: D, Date for completion of all Consultant services: 9. Insurance Requirements: CV CCC Maintenance Contract Page 13 --'- ---,' - j -.p' ----------- _. _ __ __ _ _ ____..__n_.____.____,.____.~ ( ) Statutory Worker's Compensation Insurance () 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). () Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage), 10. Materials Required to be Supplied by City to Consultant: City personnel are responsible for the following: Security and accuracy of input/output data, operating procedures, audit controls, and restart and recovery routines. All LifeLine data and system file backups, recommended to be performed on a daily basis. Proper use and understanding of LifeLine and NT System Administration in accordance with NT training and applicable manuals and instructions. City is responsible for loading all LifeLine updates. Release Notes are provided with each LifeLine update. At City's request, Consultant can provide assistance in loading new LifeLine releases This service is available on a time and materials basis at an hourly rate of $13 5 with annual incremental increases not to exceed CPI. Obtaining and maintaining software support for all products which are used in conjunction with LifeLine CAD but are supported by other vendors: Btrieve and Btrieve Client, PC Anywhere, Octopus, Ultrabac and Crystal Reports. Support and maintenance agreements for these products are outside the scope of this Agreement. Providing specific, detailed information regarding LifeLine CAD software bugs in order to enable Consultant to determine the required course of action. Bugs which are not readily reproducible will be resolved by Consultant on a best effort basis with the understanding that non-reproducible bugs may remain unresolved until the source of the problem can be identified. City is responsible to implement any instructions given by Consultant regarding the resolution of problems or bugs. Following applicable instructions for obtaining service for LifeLine CAD. Supporting LifeLine CAD system testing and integration efforts in coordination with Consultant personnel. Coordination of City internal training and the training of City's users. Operations, administration, and maintenance of all LifeLine CAD related software and hardware. This includes, but is not limited to, LAN, WAN, workstations, servers, Tone Encoder, TDD, E911, Atomic Clock, and Uninterruptable Power Supply (UPS). CV CCC Maintenance Contract Page 14 --, ,'r·¡ -< - . ( ~ - --~_..~~._-_._--,._._.~._- If City fails to fulfill their responsibilities listed above and Consultant performs any of these tasks, Consultant, at its discretion, will charge on a time and materials basis, at an hourly rate of$I35 (whether remotely, through PC Anywhere, or on-site). Note, if on-site work is performed by Consultant, City shall reimburse Consultant for reasonable, preapproved travel expenses pursuant to the following: (I) Hotel accommodations will be reimbursed at a reasonable rate, (2) Airfare should be the lowest available coach fare, and (3) Meals will be reimbursed as spent up to a maximum of$35.00 per day, 11. Compensation: The initial term of this contract is for the six-month period from January I, 2000 through June 30, 2000. The compensation for this six-month period is $45,000 (which is a prorated amount based upon an annual cost of $90,000) Starting July I, 2000 and ending on June 30, 2005 this contract may be renewed (at the City's option) on an annual basis for the period of July I through June 30. The cost for each subsequent year will be based upon the established annual cost of $90,000 per year with incremental increases not to exceed CPI. Payments will be made on a monthly basis commencing on the first day of January, 2000 and will continue monthly until the contract has expired. The monthly amount will be 1/12 of the applicable annual amount for that given year. Additionally, separate charges may apply for items beyond the scope of this agreement or items specified in Section 8. For those items, Consultant may charge on a time and materials basis, at an hourly rate of$I35 with annual incremental increases not to exceed CPI. In addition, if these additional items require a Consultant representative to be on site in Chula Vista, then all reasonable travel expenses will be billed at cost. 12, Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: () None, the compensation includes all costs. Cost or Rate () Reports, not to exceed $ () Copies, not to exceed $ () Travel, not to exceed $ - () Printing, not to exceed $ () Postage, not to exceed $ () Delivery, not to exceed $ () Long Distance Telephone Charges, not to exceed $ () Other Actual Identifiable Direct Costs: , not to exceed $ , not to exceed $ 13. Contract Administrators: CV CCC Maintenance Contract Page 15 . i ,..., ../ - I Õ ...J ' City: Louie Vignapiano, Director of MIS, City ofChula Vista, 276 Fourth Ave., Chula Vista, CA 91910 Consultant: Sam Hirsh, Vice President, Cross Current Corporation, 201 South Main Street, Lambertville, NJ, 08530 14. Liquidated Damages Rate: ( ) $_ per day. (X) Other:_N/A 15, Statement of Economic Interests, Consultant Reporting Categories, per Conflict oflnterest Code: ( X) Not Applicable. Not an FPPC Filer. ( ) FPPC Filer ( ) Category No, 1. Investments and sources of income. ( ) Category No 2. Interests in real property. ( ) Category NO.3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. ( ) Category NO.4, Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. ( ) Category NO.5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City ofChula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. ( ) Category NO.6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ( ) Category NO.7. Business positions. ( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: 16. ( ) Consultant is Real Estate Broker and/or Salesman CV CCC Maintenance Contract Page 16 ___;) i 1,:' ,~.J - i ) -._-._--"----- 17. Permitted Subconsultants: 18 Bill Processing: A Consultant's Billing of equal installments of the applicable Maintenance Agreement cost, as stated in Exhibit A, Paragraph I I, to be submitted for the following period of time: ( X) Monthly ( ) Quarterly ( ) Other A. Day of the Period for submission of Consultant's Billing: (X) First of the Month ( ) 15th Day of each Month ( ) End of the Month ( ) Other: A City's Account Number: ] 9 Security for Performance ( ) Performance Bond, $ ( ) Letter of Credit, $ ( ) Other Security: Type: Amount: $ ( ) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City 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: ( ) Retention Percentage: % ( ) Retention Amount: $ - Retention Release Event: ( ) Completion of All Consultant Services ( ) Other: CV CCC Maintenance Contract Page 17 -~ ") /-~ "".. ',/ , '..-,,, .,,' . ...-_.~--_._.- Council Agenda Statement Item 4 Meeting Date: 12/7/99 ITEM TITLE: RESOLUTION Appropriating $45,000 in unanticipated revenue to fund miscellaneous employment related medical expenses for the balance of this fiscal year SUBMITTED BY: DIRECTOR OF HUMAN RESOURCEJ)LJ REVIEWED BY: CITY MANAGER (415ths Vote: Yes X No_) In 1989, the City entered into an acquisition agreement with the Community Hospital of Chula Vista, which was later assumed by Sharp Healthcare. This agreement provided a $1M "Services" account, which has been used by the City to provide a lower cost option health plan for our employees, and to fund employment related medical costs such as, pre-placement physicals, urine drug screens, and a tuberculosis (TB) testing program for the City's police and firefighters. The 10-year term of this agreement officially ended in May of this year, however, Sharp agreed to extend the terms of the agreement through December 31, 1999. In order to continue providing these employment related medical services through the end of the fiscal year, this appropriation is needed. RECOMMENDATION: That Council adopt the resolution. BOARDICOMMISSION RECOMMENDATION: N/A DISCUSSION: For the past ten years the City has been extremely fortunate to have had access to a $1 M Services account through an agreement with the Community Hospital of Chula Vista. Through an exclusive agreement with Sharp the City used this account to offset premiums and co-payments in order to provide a lower cost EPO health plan for Chula Vista employees. In addition to the EPO program, this account has funded the City's pre-placement physical exams, urine drug screens, Department of Motor Vehicle physical exams (required for Class B drivers), respirator fitness exams, fitness for duty exams, drug for cause exams, Hepatitis B vaccination program, bi-annual TB testing for public safety employees, flu shots at the City's annual employee health fair, and treatment for drug and alcohol abuse in accordance with the City's Substance Abuse Policy. The majority of these programs are either required by CalOSHA or are commitments through labor agreements. The services portion of this Agreement expired in May of this year; however, Sharp agreed to extend the terms of the agreement through December 31, 1999, in order to C:\My Documents\MC Documents\sharp approp.dot - Final 11/30/99 2: 13 PM 4-/ "' - -- ----_._-~_.- ..---- ._..._--_._._---~- ------ minimize the disruption in service to those employees participating in the EPO plan. The bargaining groups are aware that the EPO program will not be available in calendar year 2000 and beyond, and employees made their 2000 benefit elections with this knowledge. FISCAL IMPACT: This resolution will appropriate $45,000 in unanticipated revenue to the Risk Management Division Operating Budget (07710 6501) for continuation of these programs. It is estimated that the on-going annual cost of these programs will be from $90,000 to $100,000. The agreement provides that at the termination of the services account, the City will receive 50% of the remaining account balance. It is conservatively estimated that the City's share of this balance will be in the area of $75,000. This will more than offset the requested appropriation. C:\My Documents\MC Documenls\sharp opprop.dot - Final 11/30/99 2: 13 PM 1"\ Lj-c/ , --_._._--~~-~----_.._.._-_.. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $45,000 TO FUND MISCELLANEOUS EMPLOYMENT RELATED MEDICAL EXPENSES FOR THE BALANCE OF THIS FISCAL YEAR WHEREAS, in 1989, the City entered into an acquisition agreement with the Community Hospital of Chula Vista, which was later assumed by Sharp Healthcare; and WHEREAS, this agreement provided a $100 "Services" account which has been used by the City to provide a lower cost option health plan for our employees and to fund employment related medical costs such as pre-placement physicals, urine drug screens, and a TB testing program for police and firefighters; and WHEREAS, the 10 year term of this agreement officially ended in May of this year; however, Sharp agreed to extend the terms of the agreement through December 31, 1999; and WHEREAS, in order to continue providing these employment related medical services through the end of this fiscal year, an appropriation of $45,000 is needed. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby appropriate $45,000 to the Risk Management Division Operating Budget (100-07710-6501) to fund miscellaneous employment related medical expenses for the balance of this fiscal year. Presented by Approved as to form by Candy Emerson, Director of Human Resources H,\home\attorney\reso\sharp.app I! ~ ?f - J - --- .......- -.-"....-- - --~--_._._..._._--_...__.~~-~-- --...-.-- CllY OF CHUlA VISTA MEMORANDUM December 2, 1999 To: The Honorable Mayor and Ci¿ounCiI From: David D. Rowlands, Jr., City nager Subject: Council meeting of December 7,1999 This will transmit the agenda and related materials for the regular City Council meeting of Tuesday, December 7, 1999. Comments regarding the Written Communications are as follows: 5a. IT IS RECOMMENDED THAT BARBARA CHARETTS RESIGNATION FROM THE LIBRARY BOARD OF TRUSTEES BE ACCEPTED WITH REGRET AND THE CITY CLERK BE DIRECTED TO POST IMMEDIATELY ACORDING TO THE MADDY ACT IN THE CLERK'S OFFICE AND THE PUBLIC LIBRARY. DDR:mab u..___.______. .'___.'.___u. COUNCIL AGENDA STATEMENT ITEM E MEETING DATE 12/07199 ITEM TITLE: RESOLUTION Adopting the City of Chula Vista Cafeteria Benefits Plan for 2000 SUBMITTED BY: DIRECTOR OF HUMAN RESOURCES W REVIEWED BY: CITY MANAGER (415th Vote: Yes_ NolO The Internal Revenue Code requires that employers offering cafeteria plans under Section 125 have a written plan document, and that the employer adopt the plan document annually. This resolution will fulfill this requirement. RECOMMENDATION: That Council adopt the resolution. BOARDlCOMMISSION RECOMMENDATION: N/A DISCUSSION: In June 1998, Council authorized updates to the City's flexible benefit plan in compliance with Internal Revenue Service (IRS) guidelines. In the fall of 1998, each of the City's bargaining groups was invited to send representatives to participate in "designing" the City's Plan Document in compliance with IRS guidelines. The document presented here is the result of that meet and confer process. The 2000 Plan Document has been updated to reflect the 2000 beginning Flex Plan amounts, and current health plan options. FISCAL IMPACT: None with this action. Attachment: A - City of Chula Vista Cafeteria Benefits Plan 2000 C:\My Documenls\2000cafelriaplanA 113.doc - Final - 11130/99 2:16 PM 5-/ -...--.-. . ..'_..." RESOLUTION NO_ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CITY OF CHULA VISTA CAFETERIA BENEFITS PLAN FOR 2000 WHEREAS, the Internal Revenue Code requires that employers offering cafeteria plans under section 125 have a written plan document and that the plan document be formally adopted by the employer; and WHEREAS, in the fall of 1998, each of the city's bargaining groups was invited to send representatives to participate in "designing" the City's plan in compliance with IRS guidelines; and WHEREAS, the document attached for formal adoption is the result of that meet and confer process and the 2000 Plan Document has been updated to reflect the 2000 beginning Flex Plan amounts, and current health plan options. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby adopt the city of Chula Vista Cafeteria Benefits Plan for 2000 as set forth in Attachment A2. Presented by Approved as to form by Candy Emerson, Director of Attorney Human Resources H:\home\lorraine\rs\cafeplan.00 ...... ,-'ì ~ - ('7'"-, ;..J " _ __ __~_ ______._.._._._.__~_.__._..___w_.__~__ ATTACHMENT A-I City of Chula Vista CAFETERIA BENEFITS PLAN January 2000 C:\My Documents\2000 Plan Document.doc 15-3 cbp 2000 -_. ..,-,.~_._.,,-,-",._-_._...- "-""-"'" ATTACHMENT A-2 City of Chula Vista Cafeteria Benefits Plan This is a "Cafeteria Plan" of benefits for City of Chula Vista employees and is intended to qualify under Section 125 of the Internal Revenue Code. ELIGIBILITY FOR PARTICIPATION This Plan is for the exclusive benefit of employees of the City of Chula Vista. Eligible employees are defined as individuals who are: 1. Directly employed by the City of Chula Vista, and 2. Working in a half time, three quarter time or full time benefit status. Hourly employees are not eligible for this plan. Employees who are on approved leave, with or without pay, under the provisions of the Family Medical Leave Act (FMLA), are entitled to full access to their flexible benefit plan during their absence. If an employee fails to return to work after such leave for any reason other than the serious illness of the employee or the family member for whom the leave was granted or through no fault of the employee, they will be required to pay all flexible benefit plan monies paid to them, or on their behalf during the absence. Employees who are on an approved unpaid leave of absence for their own disability or illness, beyond the 12 weeks allowed under the FMLA will continue to have their health insurance and their basic life insurance premiums paid by their Flexible Benefit Plan, but will not have access to any other portion of their flexible benefit plan allotment. Upon their return, their flexible benefit plan allotment will be prorated for the balance of the year. The City of Chula Vista does not pay for an employee's benefits if the employee is in an unpaid status for any reason than those indicated above. The employee may choose to continue their health, and certain optional benefits coverage at their own cost until they return to work or for the designated length of time as determined by the City of Chula Vista. If the premiums are not paid, the coverage will be short-term canceled. The coverage will be reinstated immediately upon the employee's return to work, or the first of the month after their return if premiums were not paid during the employee's absence. PLAN YEAR The Plan Year is from January 1 to December 31 of each year. C:\My Documents\2000 Plan Document.doc 2 5-4 cbp 2000 ,---,",._--"------ ATTACHMENT A-3 ELECTIONS Elections of benefits must occur during the open enrollment period prior to the start of each Plan Year or, in the case of a newly hired employee, as soon after commencement of employment as administratively practical. Elections must be made in writing on forms/worksheets provided by the Risk Management Division. An authorization form must be signed by employees to allow for necessary deductions from their paychecks to provide the benefit coverages selected. In addition to the benefit election form (if applicable), the employee must also complete and sign all appropriate applications and enrollment forms for the specific benefits selected. If an employee fails to complete the election of benefits prior to the start of the Plan Year, that employee will automatically be enrolled at their previous year Health Insurance Plan (including dependent health offset). If not available, Risk Management will enroll the employee in a comparable plan. The remainder of the annual allotment will be placed in the cash payment. The elections are effective for the period of January 1 to December 31 of each year or, for employees hired after January 1 of a Plan Year, for the remainder of the Plan Year following the first date of enrollment. Benefits are prorated for employees hired after January 1 of each Plan Year. Benefits terminate at the time an employee terminates employment except for health and dental, which terminate on the last day of the month in which the employee terminates his/her employment. Eligible employees who terminate and are reinstated or rehired within the same Plan Year will have their previous benefit elections reactivated. No new selections will be allowed until the new Plan Year commences. Elections are irrevocable except to accommodate changes in family status as defined in the Income Tax Regulations, 26 CFR Part 1, orto accommodate any significant curtailment or reduction of coverage under any given benefit plan, or in the case of any significant premium increase or decrease imposed by a third-party insurer. Participants who experience a change in family status may be allowed to change or revoke elections. Several examples, although not all inclusive, of the types of events that constitute a change in family status are as follows: · The marriage or divorce of the employee. · The death of the employee's spouse or dependent. · Termination or commencement of employment by employee's spouse. · Unpaid leave of absence by the employee or the employee's spouse. Changes are also permitted in the event of significant changes in health coverage of the employee or the employee's spouse that are related to the spouse's employment or are C:\My Documents\2000 Plan Document.doc 3 ,- . cbp 2000 ;.".... ";"'" ~ --' --~._----"-..-.'----.-- " ATTACHMENT A-4 subject to the Special Enrollment Period as described in the Health Insurance and Portability and Accountability Act (HIPAA). Changes to benefit elections will be permitted only to the extent that they are consistent with and appropriate to the reason the change is requested. CONTRIBUTIONS Employer contributions are a fixed amount provided by the City to each eligible employee on a non-elective basis. Salary reduction agreements are provided for in this Plan for Dependent Health Insurance. Dental/MedicalNision Reimbursement and Dependent Care Reimbursement Supplement Flexible Spending Accounts. In the event payroll deductions for reimbursement accounts are selected and subsequently stopped due to an eligible family status change, the reactivation of the account will not be permitted until the next plan year if elected during open enrollment. MAXIMUM CONTRIBUTIONS Eligible employees are allotted funds based on their bargaining groups. These amounts prorated for non-full-time unclassified or unrepresented employees. The allotments are as follows: UNIT AMOUNT Confidential $6,184 CVEA $5,335 Executive $8,678 IAFF Level 1 $2,222 Level 2 $4,088 Level 3 $5,504 Middle Managers $6,768 POA Level 1 $2,181 Level 2 $3,981 Level 3 $5,463 Senior Managers $7,178 WCE $5,776 C:\My Documents\2000 Plan Document.doc 4 ,- cbp 2000 ..:.... - /, ~ "-" --_....._- -.- -_......._.. .... --........-.------,...-..-..,.'" If'EI//5¡Ç ¡) ~/J (Ç-£ () I< /8l1 CfT Eligible employees may elect the cost of their dependent health insurance to be paid on a pre-tax (salary reduction) basis. In addition, an eligible employee may elect up to $2,500 for a Dental/MedicalNision Reimbursement Supplement account. Single or married (filing a joint return), eligible employees may also set aside up to $5,000 from all sources per plan year for a Dependent Care Reimbursement Supplement Account. A married employee filing returns separately may set aside up to $2,500 per plan year. BENEFITS All eligible employees participate in the Flexible Benefits Plan. Each employee must select one health insurance coverage, unless married to another City employee and are covered under the spouse's policy. All employees exceptthose represented by IAFF, POA and WCE must elect the premium for $3,000 in life insurance coverage currently. The options in this plan are as follows: 1. Health Insurance a. Kaiser (01) (A)* b. Kaiser (02) (B)- c. PacifiCare Indemnity d. PacifiCare (HMO) Low Option e. PacifiCare (HMO) High Option f. Spouse of City employee coverage *Note: A. For classifications represented by POA, WCE and Confidential only. B. For all classification represented by other than POA, WCE and Confidential. 2. Life Insurance a. $3,000 (C)* *Note: C. Does not apply to POA, IAFF or WCE. Remaining money may be used for: 1. Dependent Health Insurance 2. Cash Payment (taxable) 3. Dental/MedicalNision reimbursement 4. Dependent/Child Care (daycare) reimbursement 5. Employee group dental C:\My Documents\RM's A 113\2000 Plan Document.doc 5 cbp 2000 .__..,...__.__."-_._-~---------- ATTACHMENT A-5 , O^fG-INA¿ ~/h;¿ Eligible employees may elect the cost of their dependent health insurance to be paid on a pre-tax (salary reduction) basis. In addition, an eligible employee may elect up to $2,500 for a Dental/MedicalNision Reimbursement Supplement account. Single or married (filing ajoint return), eligible employees may also set aside up to $5,000 from all sources per plan year for a Dependent Care Reimbursement Supplement Account. A married employee filing returns separately may set aside up to $2,500 per plan year. BENEFITS All eligible employees participate in the Flexible Benefits Plan. Each employee must select one health insurance coverage, unless covered by another health insurance effective January 1, or if married to another City employee and are covered under the spouse's policy. All employees except those represented by IAFF, POA and WCE must elect the premium for $3,000 in life insurance coverage currently. The options in this plan are as follows: 1. Health Insurance a. Kaiser (01) (A)* b. Kaiser (02) (B)* c. PacifiCare Indemnity d. PacifiCare (HMO) Low Option e. PacifiCare (HMO) High Option f. Spouse of City employee coverage *Note: A. For classifications represented by POA, WCE and Confidential only. B. For all classification represented by other than POA, WCE and Confidential. 2. Life Insurance a. $3,000 (C)* *Note: C. Does not apply to POA, IAFF or WCE. Remaining money may be used for: 1. Dependent Health Insurance 2. Cash Payment (taxable) 3. Dental/MedicalNision reimbursement 4. Dependent/Child Care (daycare) reimbursement 5. Employee group dental C:\My Documents\2000 Plan Document.doc 5 r'J cbp 2000 ~.~ ,- .~~.." -- --_.._~----_..._.._----_.._._._,._- ATTACHMENT A-6 Each of these benefits is described in more detail in the Flexible Benefits Plan Summary for the Plan Year and in the respective plan documents or insurance contracts which are incorporated here by reference. CONSTRUCTION If the plan contains contradictory provisions or if there appears to be a conflict between its provisions, the following rules apply: a. The interpretation that favors the Plan as a tax-free plan over any interpretation that might render the Plan taxable. b. Subject to paragraph (a), the rules established by the Supreme Court of California for the construction of like instruments will apply. PLAN PARTICIPATION RIGHTS As a participant in the plan, you are entitled to examine, without charge, at the Plan Administrator's office all plan documents including insurance contracts; obtain copies of all Plan Documents (at a reasonable cost) and other Plan information upon request to the Administrator. PLAN IS NOT AN EMPLOYMENT CONTRACT This plan document is not a contract of employment. Neither the creation of the Plan nor any amendment to it gives any legal or equitable right to any person against the employer. Participation in the Plan does not give any member any right to continued employment. PLAN ADMINISTRATOR The Plan Administrator is the Risk Management Division of the Human Resources Department or his/her designees. The address of the Plan Administrator is: 276 Fourth Avenue Chula Vista, CA 91910 Telephone: (619) 691-5096 C:\My Documents\2000 Plan Document.doc 6 -. cbp 2000 _._......_n_ __ _.____~._____.__~____..._.__ ATTACHMENT A-7 PLAN AMENDMENT OR TERMINATION The City of Chula Vista reserves the right to amend the Plan from time to time if deemed necessary or appropriate to meet the requirements of the Internal Revenue Code and any similar provision of subsequent revenue or other laws or pursuant to negotiations with the Employee groups; provided that no such modification or amendment shall make it possible for any benefit contributions or payment to be used for, or directed to purposes other than for the exclusive benefit of participating employees and their beneficiaries under the Plan. The City reserves the right to discontinue or terminate the Plan atthe end of any Plan Year or in accordance with negotiations with the Employee Groups. Any such amendment, discontinuance or termination shall be effective on January 1 of any given year or such date that is agreed upon by the City and Employee Groups. No amendment, discontinuance or termination shall allow the return of funds to the City nor the use of any funds for any purpose other than for the exclusive benefit or participating employees and their beneficiaries. C:\My Documents\2000 Plan Document.doc 7 L..,,- _C,? cbp 2000 '-' I .~---- ..' -.-,,-,---.---'-,,-----..--..--------------- ----.-.....-,--, - -_.._._.__._-_._---~_.__._.~---- COUNCIL AGENDA STATEMENT ITEML MEETING DATE 12/07/99 ITEM TITLE: RESOLUTION Appropriating $71.088 from the unappropriated balance of the General Fund for the 2000 Cafeteria Benefits Plans Relative Buying Power Provisions SUBMmED BY: DIRECTOR OF HUMAN RESOURCES CJLJ REVIEWED BY: CITY MANAGER (4/5ths Vote: Yes X No_J To provide employees with relative buying power from year to year, labor agreements with the City's employee groups include provisions for adjustments to beginning Cafeteria Plan balances when health insurance rates increase. The City and its employees share the increases 50/50. This resolution will appropriate the funds needed to pay the City's 50% share of the increases for the remainder of this fiscal year. RECOMMENDATION: That Council adopt the resolution. BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: Labor agreements with the City's CVEA. IAFF, PO A, and WCE employee groups include provisions for adjustments to beginning Cafeteria Plan balances when health insurance rates increase. Past practice has been to apply the CVEA's increase provisions to fhose employee groups who do not have bargaining agreements (Executive, Senior Managers. Mid-Managers and Confidential) employees' Cafeteria Plan balances as well. The purpose of these adjustment provisions is to maintain the employees' relative buying power. The City and the labor groups share the increases on a 50/50 basis. This resolution will appropriate the funds needed to pay the City's 50% share of the increases for the remainder of this fiscal year. FISCAL IMPACT: $71 .088 will be appropriated from the unappropriated General Fund balance to fund the FY99/00 portion of the year 2000 benefits. The total annual cost of this action is $142,175. Employee 1891 Flu PIen City Share of 00 _2000 Ann"'- CoM AI_n of this Group Amounts HNIIh Cost FIu....n Of City Share 1/2 Yeer 1....- Amou.... oflnc_ Appropriation COOF $6.000 $184 $6,184 $4,232 $2.116 CVEA $5,157 $178 $5,335 $72,090 $36.045 EXEC $8,500 $178 $8,678 $2,848 $1,424 IAFF EEOnIy $2,150 $72 $2.222 $936 $468 EE+1 $3,678 $210 $4,088 $2,310 $1,155 EE + Flmily $5,306 $198 $5,504 $9,goo $4,950 MM $6,590 $178 $6.768 $16,378 $6.168 POA EEOnly $2,103 $78 $2,181 $3,744 $1.872 EE+1 $3.831 $150 $3,981 $4,200 $2,100 EE + F"';1y $5.247 $216 $5,<163 $15,768 $7,884 SR MGRa $7,000 $178 $7,178 $4,450 $2.225 WCE $5,592 $184 $5.778 $4,784 $2.392 MAYOR $8,500 $178 $8,878 $178 $89 COUNCIL $5.695 $90 $5.785 $359 $180 Total $71,088 H:\HOME\PERSONEl \00 flex opprop.doc ~-/ --..-----..-.--- -- --..-- ---------------------- ....-..-------. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $71,088 FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND FOR THE 2000 CAFETERIA BENEFITS PLANS RELATIVE BUYING POWER PROVISIONS WHEREAS, to provide employees with relative buying power from year to year, labor agreements with the City's employee groups include provisions for adjustments to beginning Cafeteria Plan balances when health insurance rates increase; and WHEREAS, the City and its employees share the increases SO/50; and WHEREAS, it is necessary to appropriate the funds needed to pay the city's 50% share of the increases for remainder of this fiscal year. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula Vista does hereby appropriate $71,088 from the unappropriated balance of the General Fund to the employees' beginning Cafeteria Plan balances as set for in Attachment A for the 2000 Cafeteria Benefits Plans relative buying power provisions. Presented by Approved as to form by Candy Emerson, Director of City 1\1 orney Human Resources H:\home\attorney\reso\cafeben.app 6-c2 -.....-...,-..,,-.. _ ____~M_·._'n___.__"._,,__._~. ~~~ ro~oro NO~~N~O~ ~ ~~N w~~ro ~oroNœroro~ ~ C~~~ ~~~~ ~~~~~W~O _ ONCD..- W,...'octaJ ..-Nr---NN W.. ~~;WMW WWW WWWWW ~ O~~ ~ ~ Cø~ ~ 0> 0. :::"10 ~- .... CJ .... 0. o 0. = < < _ NOro IDOOCD 'octoroo~CX)m ~ Mrn'oct M""O~ 'octOCD~OO~~ O!ø~q~ ~~~~ ~~~~~~~ O~ø'octNN NrnCD M'oct~~~ ~~mWr---W ww,... WW.......WW Q)CI) CD W W W .~ >. t) 'iã:!:C :JU= ..: êò 0 ~ < z '" ~ u Cccn ~ gmë'oct~ro NaJ'octaJ """"MCX)CDcx)~ H N~~cx)M~ NaJOCD cx)cx)CDr---~~CX) ..: ~)(O~~~ ~q~~ ~~~~~~~ ~ ëCD~cx) N~~CD NM~~~CX)~ Q)~ WWW WWWW WWWWWWW Zu.< o 0_ ÕU)Q) 0", !Om'octOOCX) NDaJaJ CX)OCDcx)~cx)O m~Q)CX)~~ ~,...mr--- r---~,...r---CX)r---m .c-~,...,...,... WN,...,... W,...N,...,...,...W Cl)œgwww WWW WWWWW >-"'- _J: ë3 c ~ - '" ~- Or---O orowo M""~ONO~ x§ O~O ~~om OM'octOmOm ~O q~~ ~~~~ ~~~q~~~ U.ë CD~cx) NM~CD NM~~~CX)~ m WWW WWWW WWWWWWW ",< '" .... ro - '" >- ~ 0 "'0. - - I- >- .-'- '^ O~ ë ëw ~ - 0 ~ '" ~ ",a: D::ü ~~ ~< ë""~ c""~~ oz Æ zw~u.o++ <o++:;;w>~ o>xu.<wwW~OWWwa:~ ~o üüW_WWW",c.wwW(J»""ü 0-3 -..--,-,.-',..--"--.-- ---..-.---.--...-----.----------,------ .------- NOTICE OF PUBLIC HEARINGS BY THE CHULA VISTA CITY COUNCIL CHULA VISTA, CALIFORNIA NOTICE IS HEREBY GIVEN THAT THE CHULA VISTA CITY COUNCIL will hold public hearings to consider the following: · Amendment to the existing Transportation Development Impact Fee within the City's Eastern Territories. For more information call Tom Adler, Assistant Engineer, at 691-5021. · Formation of the Proctor Valley Sewer Reimbursement District for financing the construction of approximately 9,800 linear feet of sewer in Proctor Valley Road. Total project costs were $491,056, with costs reimbursable from properties within the District of $431 ,790 in current dollars. A property within the District boundary, as shown on a plat on file in the office of the Director of Public Works, will be subject to a fee to pay the cost of these facilities upon permit issuance prior to connection to the sewer. Cost to each property owner who chooses to connect to the sewerwill be $188 principal per Equivalent Dwelling Unit or single family house, plus seven percent annual interest for District costs. Other sewer costs payable with a building permit, such as sewer capacity charges, sewer lateral fees or administrative fees, will be in addition to this amount. For more information call Elizabeth Chopp, Civil Engineer, at 585-5778. · Application to construct a cellular facility located at 700 E. Naples by GTE Worldwide Telecommunications Services. For more information call Project Planner Steve Power at 409-5864. Any petitions to be submitted to the City Council must be received by the City Clerk's Office no later than noon of the hearing date. If you wish to challenge the City's action on these matters in court, you may be limited to raising only those issues you or someone else raised at the public hearings described in this notice, or in written correspondence delivered to the City Clerk's Office at or prior to the public hearings. SAID PUBLIC HEARINGS WILL BE HELD BY THE CITY COUNCIL on Tuesday, December 14, 1999 at 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue, at which time any person desiring to be heard may appear. DATE: December 1,1999 -."--..---- -- ---....------...- .._____..m_~_____..._____~___._ _ ...___. .__._m --..----------- ------ ------------- NOTICE OF ADOPTION OF ORDINANCES ORDINANCE 2802, AMENDING THE TRANSPORTATION DEVELOPMENT IMPACT FEE PROGRAM, ADDING CHAPTER 3.54, DEVELOPMENT IMPACT FEE TO PAY FOR TRANSPORTATION FACILITIES IN THE CITY'S EASTERN TERRITORIES, TO THE MUNICIPAL CODE AND REPEALING ORDINANCE 2251 RELATING TO DEVELOPMENT IMPACT FEE TO PAY FOR TRANSPORTATION FACILITIES IN THE CITY'S EASTERN TERRITORIES This Ordinance had its first reading on November 16, 1999 and its second reading and adoption on November 30, 1999 with the following vote: A YES: Davis, Moot, Padilla, Salas, Horton; NOES: None; ABSENT: None; ABSTAIN: None. ORDINANCE 2803, APPROVING AMENDMENTS TO THE EASTLAKE II PLANNED COMMUNITY DISTRICT REGULATIONS TO INCORPORATE 108 ACRES OF RESEARCH AND LIMITED MANUFACTURING AS BC-I, BUSINESS CENTER MANUFACTURING PARK DISTRICT, INTO THE LAND USE DISTRICTS MAP; AMEND SECTION IY.2A, PROPERTY DEVELOPMENT STANDARDS, TO ALLOW INCREASE IN BUILDING HEIGHT FOR CERTAIN LOTS WITH APPROVAL BY THE DESIGN REVIEW COMMITTEE, AND ESTABLISH SPECIAL BUILDING SETBACKS AND BUFFER REQUIREMENTS FOR CERTAIN LOTS ABUTTING RESIDENTIAL LAND USE DISTRICTS This Ordinance had its first reading on November 16,1999 and its second reading and adoption on November 30, 1999 with the following vote: A YES: Davis, Moot, Padilla, Salas, Horton; NOES: None; ABSENT: None; ABSTAIN: None. Pursuant to City Charter Section 312(b), a full copy of said Ordinances are available in the City Clerk's Office and available to all interested persons by calling 691-5041. DATED: December 1,1999 ,. ._--~.__._--_._._..-.----- COUNCIL AGENDA STATEMENT Item r-¡ Meeting Date: 12f7199 Item Title: Resolution Waiving the Consultant Selection Process and Approving a Three-Party Agreement Between the City of Chula Vista, Jeff Katz Architecture (Consultant), and Ayres Land Company, (Applicant) for Architectural Services to be Rendered with Regard to the Design and Construction of Applicant's Project, Fire Station #3 in the Sunbow Development and Authorizing the Mayor to Execute said Agreement Submitted By: Fire Chief {fit Reviewed By: City Manager (4/5ths Vote: Yes _ No L) During this fiscal year, Council approved CIP Project #PS 129, which provides for the relocation and construction of Fire Station #3 from its current location to a site on Brandywine Avenue in the Sunbow Development (see attached map). Preliminary planning, engineering and design are to occur this fiscal year with construction the following fiscal year. In accordance with the Supplemental Subdivision Improvement Agreement between the City of Chula Vista and the Developer, ACI Sunbow, a modified three-party agreement has been negotiated. It is the purpose of this action to obtain Council approval of a three-party agreement for the design of Fire Station #3. RECOMMENDATION: That Council adopt· the resolution approving the three- party agreement between the City of Chula Vista, Jeff Katz Architecture and Ayres Land Company for services to be rendered with regard to the design and construction of Fire Station #3. BOARDSlCOMMISSIONS RECOMMENDATION: None DISCUSSION: The relocation of Fire Station #3 from its current location at 266 East Oneida to the Sunbow Development is recommended as part of the revised Fire Station Master Plan. This study determined that the new location for Fire Station #3 on Brandywine Avenue would substantially improve the response times to most calls in Fire Station #3's district. The relocation would also greatly improve response '7~ I ------- --,~._._-_. -----..-.......---... _..........__ __ _.__.u'.___'________.__ ~ --------..,--.'-'--- times to the Coors Amphitheater and Waterpark sites. The revised Fire Station Master Plan proposes a network of nine fire stations (from the current six) in order to address future development in the City. The build out of the 9-fire station network requires the relocation of two current fire stations. Fire Station #3 is one of the relocated fire stations. On January 19, 1999, Council approved a Supplemental Subdivision Improvement Agreement (SSIA) between the City and ACI Sunbow in conjunction with a final map approval for that project. In that agreement, there were specific conditions concerning the construction of Fire Station #3. It included provisions that the developer (ACl Sunbow) would provide a lot with .80 useable acreage and would construct a turnkey 4,000 square foot fire station on the site within two years of City Council approval. The Supplemental Subdivision Improvement Agreement also required that the developer enter into a standard three-party agreement with the City and the design consultant. Item 56 (c) specified that the Developer would fund work done by the consultant. Due to the intricacies and importance of this project, Fire Staff worked with the City Attorney's office to tailor a three-party agreement to meet specific criterion required during the separate phases of this project. Several of these changes were suggested by the consultant and developer in order to clarify the nature of the relationships during the design, bidding and construction of the fire station. Refinement of the agreement also included the relative amount of payment to the consultant (based on scope of work) and the method of reimbursement to the developer. Fire Station # 3 Fire Station #3 is a proposed 4,000 square foot facility that is scheduled to be built on Brandywine Avenue between Palomar and East Orange Avenue. It will accommodate a single fire crew and fire apparatus. Equipment and personnel from the existing Fire Station #3 on East Oneida will be transferred to the new fire station when completed. The layout and design of Fire Station #3 will be very similar to Fire Station #4 in the Rancho Del Rey area. The Design Review Board approved the project in September with minor modifications referred to Staff. A final design plan and estimate of project costs will be presented to Council for approval during next fiscal year. Completion of the fire station is scheduled for February 2001. Three Party Aareement The purpose of the three-party Agreement is to provide a framework in which the Developer retains the services of the Architect for the benefit of the City. Under the terms of the Sunbow Development Supplemental Subdivision Improvement Agreement, the City reserved the right to select the Architect for the project. Jeff Katz Architect Services was selected by City Staff because of their extensive '7 '~f Le, '\ ----------_.__._.._~ -........-.---- -_...._._--,----,~."....,_.__._-_._-- experience designing fire stations, including Chula Vista Fire Station #4 in Rancho Del Rey. Staff is recommending that the formal consultant selection process be waived for the following additional reasons: 1. Jeff Katz Architecture is a full service architectural, planning, and construction management firm with offices in San Diego. 2. As the result of a recent formal consultant selection process, Jeff Katz Architecture was chosen to design Fire Station #4. 3. The layout and design of Fire Station #3 will be very similar to Fire Station #4 in the Rancho Del Rey area. 4. Jeff Katz Architecture has performed satisfactorily in work they have done for the City. The City's Purchasing Agent concurs with this recommendation. The Developer will provide compensation to the Architect through a deposit account set up by the City. The negotiated fees for architectural services for Fire Station #3 have been set at $95,000, based upon a detailed scope of work listed in the agreement. Additional work may be authorized under certain conditions based upon an hourly rate schedule. Under the terms of this agreement the Developer will pay the entire amount ($95,000) and be entitled to reimbursement up to $81,000. Reimbursement to the Developer by the City will be given in credit in the Fire Development Impact Fee (PFDIF). FISCAL IMPACT: Developer will be entitled to credits in the Fire DIF totaling $81,000 for architectural services. The Developer is providing the fire station site and will be constructing a turnkey fire facility. In order to keep on schedule for the project the developer agreed to pay the architect for services rendered in advance of completion of this agreement (see B-1). The services to date have totaled $23, 153.68. The work has been reviewed and approved by the City and will be part of the $81,000 which is eligible for reimbursement. ~- ï>3 I "-- -.._-~_._-- ------ -- -- -_._-_._.._-~._-_...._.....---...__.- ~ - I!'J 0 CO uJ !< ¡- (/) 0::: g uJ ¡- Z @ ( \ ) C HULA VISTA PLANNING AND BUILDING DEPARTMENT Lë) PROJECT CITY OF CHULA VISTA PROJECT DESCRIPTION: APPUCAN"f. DESIGN REVIEW PROJECT Brandywine Avenue Request Proposed construction of Fire Station No.3 on ADDRESS: vacant 1.25 Ac lot Proposed building area: 4,000 .- SCALE: ' FILE NUMBER: square feet housing 4 fire fighters (Station not NORTH No Scale DRc-oo-12 open to public.) h:\homelplannlnglcarlosllocatorsldrcOO 12.cdr 8/25/99 r;-Lf --->-------------_.- RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING A THREE-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA, JEFF KATZ ARCHITECTURE (CONSULTANT) AND AYRES LAND COMPANY, (APPLICANT) FOR ARCHITECTURAL SERVICES TO BE RENDERED WITH REGARD TO THE DESIGN AND CONSTRUCTION OF APPLICANT'S PROJECT FIRE STATION #3 IN THE SUNBOW DEVELOPMENT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, Council approved CIP Project #PS-129 which provides for the relocation and construction of Fire Station #3 from its current location to a site on Brandywine Avenue in the Sunbow Development; and WHEREAS, preliminary planning, engineering and design are to occur this fiscal year with construction the following fiscal year; and WHEREAS, in accordance with the Supplemental Subdivision Agreement between the City of Chula vista and the Developer, ACI Sunbow, a modified three-party agreement has been negotiated; and WHEREAS, staff is recommending that the formal consultant selection process be waived for the following reasons: 1. Jeff Katz Architecture is a full service architectural, planning, and construction management firm with offices in San Diego. 2 . As the result of a recent formal consultant selection process, Jeff Katz Architecture was chosen to design Fire Station #4. 3. The layout and design of Fire Station #3 will be very similar to Fire Station #4 in the Rancho Del Rey area. 4. Jeff Katz Architecture has performed satisfactorily in work they have done for the City. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby waive the Consultant Selection Process for the reasons set forth hereinabove and approve a Three- Party Agreement between the City of Chula vista, Jeff Katz Architecture and Ayres Land Company for Architectural Services to be rendered with regard to the design and construction of Fire 1 n r- {' a , -- -------^ ._~_._-_._----- --------- Station #3 in the Sunbow Development, a copy of which shall be kept on file in the office of the City clerk. 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 7 James Hardiman, Fire Chief J CkfJiJ>Sn l ~ ú-v{~ Johdj Kaheny, City ttorney H:\home\attorney\reso\katz.Fs3 2 'J - to Three Party Agreement Between city of Chula Vista, Jeff Katz Architecture, Consultant, and ACI Sunbow, LLC, Applicant For Architectural Services to be Rendered for the Design and Construction of Fire station #3 1- Parties This Agreement for the design and construction of Fire station No. 3 is made between the City of Chula vista ("city") , a municipal corporation of the state of California, Jeff Katz Architecture ("Consultant" ) and ACI sunbow, LLC ("Applicant") (this "Agreement"). City, Consultant and Applicant whenever referenced herein collectively shall be referred to as Parties and whenever referenced hereinafter individually may be referred to as Party. This Agreement is made with reference to the following facts: 2. Recitals. 2.1. Applicant warrants that Applicant is the owner of land described on Exhibit' A, Paragraph 1 (the "Property"), or has an option or other entitlement to develop the Property. 2.2. Applicant desires to develop the Property with the Project described on Exhibit A, Paragraph 2. 2.3. Work of the general nature and type described in Exhibit A, Paragraph 4, ("Work") will need to be completed for the design and construction of Fire station #3. 2.4. city does not presently have the "in-house" staff or resources to provide the necessary architectural services within the agreed-upon time frame for completion of the project by the Applicant. 2.5. This agreement proposes an arrangement by which Applicant shall retain, and be liable for the payment for services provided by Consultant, who shall perform the services required of Consultant by this Agreement for the benefit of City, under the direction of Applicant and city and consistent with the approvals of city. 2.6. Additional facts and circumstances regarding the background for this agreement are set forth on Exhibit C; Page 1 rj- 7 ~- ---..------.--------.- ......~,._..... ..-..---- 3. Agreement. NOW, THEREFORE, IT IS MUTUALLY AGREED TO AND BETWEEN THE CITY, CONSULTANT, AND APPLICANT AS FOLLOWS: 3.1- Employment of Consultant by Applicant. Consultant is hereby engaged by the Applicant, not the City, and at Applicant's and city's cost and expense, to perform to, and for the primary benefit of City, under the direction of the Applicant and consistent with the approvals and direction of the City, all of the services described on the attached Exhibit A, Paragraph 4, entitled "General Nature of Consulting Services", ( "General Services"), and in the process of performing and delivering said General Services, Consultant shall also perform to and for the benefit of City all of the services described in Exhibit A, Paragraph 5, entitled "Detailed Scope of Work", (" Detailed Services"), and all services reasonable necessary to accomplish said General Services and Detailed Services, and shall deliver such documents required ("Deliverables") herein, all within the time frames herein set forth, and if none are set forth, within a reasonable period of time for the diligent execution of Consultant's duties hereunder. Time is of the essence of this covenant. Should there be a conflict between Applicant's and City's direction to Consultant, City retains the sole discretion to determine direction to be given to Consultant. The Consultant does hereby agree to perform said General and Detailed Services to and for the primary benefit of the City for the compensation herein fixed to be paid by Applicant. In delivering the General and Detailed Services hereunder, the Consultant shall do so in a good, professional manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations, at its own cost and expense except for the compensation and/or reimbursement, if any, herein promised, and shall furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, machinery, equipment, printing, vehicles, transportation, office space and facilities, calculations, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by the city or Applicant, necessary or proper to perform and complete the work and provide the Services required of the Consultant. 3.2. ComDensation of Consultant. Applicant shall compensate Consultant for all services rendered by Consultant without regard to the conclusions reached by the Consultant, so long as such conclusions are consistent with City approvals and according to the terms and conditions set forth in Exhibit B, Page 1, adjacent to the governing compensation Page 2 7'~ -.' ._---,.~--- - -- - ---~---------_..._._._~ relationship indicated by a "checkmark" next to the appropriate arrangement, by paying said amounts to the City, within 15 days of Consultant's billing, or in accordance with the "Deposit" provisions of Exhibit B, Page 4, if checked, and upon receipt of such payment by the City, city shall promptly, not later than 15 days, or in accordance with the Bill Processing procedure in Exhibit B, Page 4, if checked, pay said amount to the Consultant. city is merely acting in the capacity as a conduit for payment, and shall not be liable for the compensation unless it receives same from Applicant. Applicant shall not make any payments of compensation or otherwise directly to the Consultant. 3.2.1. Additional Work. If the Applicant, with the concurrence of City, determines that additional services ("Additional Services" ) are needed from Consultant of the type Consultant is qualified to render or reasonably related to the services Consultant is otherwise required to provide by this Agreement, the Consultant agrees to provide such additional services on a time and materials basis paid for by Applicant at the rates set forth in Exhibit B, unless a separate fixed fee or other financial arrangement is otherwise agreed upon in writing for said Additional Work between the parties. 3.2.2. In the event that the City shall determine that additional work is required to be performed above and beyond the scope of work herein provided, city will consult with Applicant regarding the additional work, and if thereupon the Applicant fails or refuses to arrange and pay for said Additional services, the City may, at its option, suspend any further processing of Applicant's Application until the Applicant shall deposit the City's estimate of the costs of the Additional Services which the city determines is or may be required. Applicant shall pay any and all additional costs for the Additional services, however, all additional costs previously authorized by the city and paid by Applicant for such Additional Services shall be reimbursed to Applicant by City. 3.2.3. Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time reduce the Services to be performed by the Consultant under this Agreement. upon doing so, city and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. Upon failure to agree, the Fixed Fee may be unilaterally reduced by the City by the amount of time and materials budgeted by Consultant for the Services deleted. 3.3. Securitv for Payment of Compensation by APplicant. 3.3.1. Deposit. As security for the payment of Consultant by Applicant, Applicant shall, upon execution of this Page 3 r¡-Cf ,..---.-----..------..-,. Agreement, deposit the amount indicated on Exhibit B, Page 4, as "Deposit Amount" with the city, as trustee for Consultant, the conditions of such trust being as indicated on Exhibit B and as hereinbelow set forth: 3.3.1.1 Other Terms of Deposit Trust. 3.3.1.1.1. city shall also be entitled to retain from said Deposit all costs incurred by City for which it is enti tIed to compensation by law or under the terms of this agreement. 3.3.1.1.2. All interest earned on the Deposit Amount, if any, shall accrue to the benefit of, and be used for, Trust purposes. City may, in lieu of deposit into a separate bank account, separately account for said deposit in one or more of its various bank accounts, and upon doing so, shall proportionately distribute to the Deposit Trust, the average interest earned during the period on its general fund. 3.3.1.1.3. Any unused balance of Deposit Amount, including any unused interest earned, shall be returned to Applicant not later than 30 days after the termination of this Agreement and any claims resulting therefrom. 3.3.1.1.4. Applicant shall be notified within 30 days after of the use of the Deposit in any manner. Nothing herein shall invalidate use of the Deposit in the manner herein authorized. 3.3.1.1.5. At such time as city shall reasonably determine that inadequate funds remain on Deposit to secure future compensation likely due Consultant or City, City may make demand of Applicant to supplement said Deposit Amount in such amount as city shall reasonably specify, and upon doing so, Applicant shall, within 30 days pays said amount ("Supplemental Deposit Amount") to city. Said supplement Deposit Amount or Amounts shall be governed by the same terms of trust governing the original Deposit. 3.3.2. withholding of processing. In addition to use of the Deposit as security, in order to secure the duty of Applicant to pay Consultant for Services rendered under this agreement, city shall be entitled to withhold processing of Applicant's Application upon a breach of Applicant's duty to compensate Consultant. Page 4 r¡.. 10 , _____u.__._.__.___ _____...._,., 4. Non-Service Related Duties of Consultant. 4.1. Insurance. Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the city: 4.1.1. statutory Worker's Compensation Insurance. 4.1.2. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 6, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City and Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary coverage"), and which treats the employees of the City and Applicant in the same manner as members of the general public ("Cross-liability Coverage"). 4.1.3. Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 6, unless Errors and Omissions coverage is included in the General Liability policy. 4.2. Proof of Insurance Coverage. 4.2.1. certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. 4.2.2. Pol icy 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 and Applicant demonstrating same. 4.3. Public statements. All public statements and releases to the news media shall be the responsibility of the City and the Applicant. The Consultant shall not publish or release news items, articles or present lectures on the Project, either during the course of the study or after its completion, except on written concurrence of the City and Applicant. Page 5 r¡-/I .,-_. - .'. .....-.-..-,..,..-.. ------- --- --------- 4.4. Communication to ADplicant. Consultant shall not communicate directly to the Applicant except in the presence of the City, or by writing an exact copy of which is simultaneously provided to city, except with the express consent of city. The Consultant may request such meetings with the Applicant to ensure the adequacy of services performed by Consultant. 5. Non-Compensation Duties of the Applicant. 5.1. Documents Access. The Applicant shall provide to the Consultant, through the City, for the use by the Consultant and city, such documents, or copies of such documents requested by Consultant, within the possession of Applicant reasonably useful to the Consultant in performing the services herein required of Consultant, including but not limited to those described in Exhibit A, paragraph 6. 5.2. Property Access. The Applicant hereby grants permission to the City and Consultant to enter and access the Property, to take any borings, make any tests, conduct any surveys or reconnaissance necessary to deliver the Services of Consultant, subject to the approval of the Applicant. Consultant shall promptly repair any damage to the subject property occasioned by such entry and shall indemnify, defend, and hold Applicant harmless from all loss, cost, damage, expenses, claims, and liabilities in connection with or arising from any such entry and access. 5.3. Communication to Consultant. Applicant shall not communicate directly to the Consultant except in the presence of the City, or by writing an exact copy of which is simultaneously provided to City, except with the express consent of city. The Applicant may request such meetings as they desire with the Consultant to ensure the adequacy of services performed by Consultant. 6. Administrative ReDresentatives. Each party designates the individuals ("Administrators" ) indicated in Exhibit A, Paragraph 6, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. Page 6 ,..~ / I'ì j-¡r:7 . --.".....-. -.-.. -.-. _.~ -.. - ----....----...--- ---- . .- ----"--.-- - ---'. --'" -,-. ._....._-."..--"_..._-_._--_...,--_._,-~"-,--~..- 7. Conflicts of Interest 7.1. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 6, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report his economic interests to the city Clerk on the required statement of Economic Interests in such reporting categories as are specified in Paragraph 6 of Exhibit A, or if none are specified, then as determined by the city Attorney. 7.2. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. 7.3. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. 7.4. Promise Not to Acqµire 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. 7.5. 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. Page 7 1- 1"3 - -- ----_..~,._._,_.. .~_._-,-- 7.6. SDecific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in the property which is the subject matter of the Project, or in any property within 10 radial miles from the exterior boundaries of the property which is the subject matter of the Project, or ("Prohibited Interest"). Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates by Applicant or by any other party as a result of Consultant's performance of this Agreement. Consultant promises to advise city of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement. 8. Default of the Consultant for Breach. This agreement may be terminated by the CITY for default if the Consultant breaches this agreement or if the Consultant refuses or fails to pursue the work under this agreement or any phase of the work with such diligence which would assure its completion within a reasonable period of time. Termination of this agreement because of a default of the Consultant shall not relieve the Consultant from liability of such default. 9. City's Ri9ht to Terminate Payment for Convenience. Documents. 9.1. Notwithstanding any other section or provision of this agreement, the CITY shall have the absolute right at any time to terminate this agreement or any work to be performed pursuant to this agreement. 9.2. In the event of termination of this agreement by the City in the absence of default of the Consultant, the city shall pay the Consultant for the reasonable value of the services actually performed by the Consultant up to the date of such termination, less the aggregate of all sums previously paid to the Consultant for services performed after execution of this agreement and prior to its termination. Page 8 ì7" lY --_._~_.._....~---_._._--_....- 9.3. The Consultant hereby expressly waives any and all claims for damage or compensation arising under this agreement, except as set forth herein, in the event of such termination. 9.4. In the event of termination of this agreement, and upon demand of the city, the Consultant shall deliver to the City, all field notes, surveys, studies, reports, plans, drawings and all other materials and documents prepared by the Consultant in performance of this agreement, and all such documents and materials shall be the property of the City; provided however, that the Consultant may retain copies for their own use and the City shall provide a copy, at Applicant's cost, of all such documents to the Applicant. 9.5. Applicant shall have no right to terminate Consultant. Applicant shall not exercise any control or direction over Consultant's work except with the express written permission of the City or as otherwise expressly provided in this Agreement. 10. Administrative Claims Requirement and Procedures No suit shall be brought arising out of this agreement, against the City, unless a claim has first been presented in writing and filed with the City of Chula vista and acted upon by the City of Chula vista in accordance with the procedures set forth in Chapter 1.34 of the Chula vista Municipal Code, the provisions of which are incorporated by this reference as if set fully set forth herein. 11. Hold Harmless and Indemnification 11.1. Consultant to Indemnifv City and ~pplicant re In;uries. Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees and Applicant from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employees, subcontractors, or others of City or Applicant in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful misconduct of the City, its officers, or employees, or Applicant, Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees or Applicant in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City or Applicant, defend any such suit or action brought against the city, its officers, agents, or employees or Applicant. Consultants' indemnification of city and Applicant shall not be limited by any prior or subsequent declaration by the Consultant. Page 9 r) . ' .- i i....., J--' , --..."----.-.- _...,,'"._,__. . ~_m_·__..._ ... M'___~___'" ._..~~.-.,---,--- 11.2. A.pplicant to Indemnifv city re compensation of Consultant. Applicant agrees to defend, indemnify and hold the City harmless against and from any and all claims, losses, damages, expenses or expenditures of City, including its elected officials, officers, employees, agents, or representatives of the City ("City Indemnitees"), in any way resulting from or arising out of the refusal to pay compensation as demanded by Consultant for the performance of services required by this Agreement. 12. Business License Consultant shall obtain such business license and comply with Chula vista Municipal Code, Title v. 13. Delav in Performance City agrees that should City determine that ACI or Katz Architecture have been delayed in performing their respective obligations under this agreement, primarily as a result of a permitted excuse (as hereunder defined), ACI and Katz Architecture shall be allowed a reasonable extension of time to perform said obligation, as such reasonable time shall be determined by the City, but in no circumstances shall be less than the length of the delay resulting from the Permitted Excuse. As used herein, the term 'permitted Excuse" shall mean the following: (1) the City's actions, omissions or inaction under this contract which result in a delay of performance by ACI or Katz Architecture, (2) the nonperformance of obligations under this contract of one party to this Agreement that makes performance impossible for the other party. 14. Miscellaneous. 14.1. Consultant not authorized to Represent City. Unless specifically authorized in writing by City, neither Consultant nor Applicant shall have authority to act as City's agent to bind City to any contractual agreements whatsoever. 14.2. Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the united states mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified for the parties in Exhibit A. Page 10 1-IG _,.__._"____~~___..___ __m_.'_·._·_____._~_ 14.3. Entitlement to Subseauent Notices. No notice to or demand on the parties for notice of an event not herein legally required to be given shall in itself create the right in the parties to any other or further notice or demand in the same, similar or other circumstances. 14.4. Entire Agreement. This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. 14.5. Cauacity of Parties. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement; that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. 14.6. 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. 14.7. Modification. No modification or waiver of any provision of this Agreement shall be effective unless the same shall be in writing and signed by the parties hereto, and then shall be valid only in the specific instance and for the purpose for which given. 14.8. Counterparts. This Agreement may be executed in more than one counterpart, each of which shall be deemed to be an original but all of which, when taken together shall constitute but one instrument. 14.9. Severab i1 i ty. In the event that any provision of this Agreement shall for any reason, be determined to be invalid, illegal, or unenforceable Page 11 '7- I ~ --~---"-------'-'---'--'-' .-..... .---- ""' ._-_._---_.~--- in any respect, the parties hereto shall negotiate in good faith and agree to such amendments, modifications, or supplements to this Agreement or such other appropriate action as shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the parties as reflected herein. 14.10. Headings. The captions and headings in this Agreement are for convenience only and shall not define or limit the provisions hereof. 14.11. Waiver. No course of dealing or failure or delay, nor the single failure or delay, or the partial exercise of any right, power or privilege, on the part of the parties shall operate as a waiver of any rights herein contained. The making or the acceptance of a payment by either party with knowledge of the existence of a breach shall not operate or be construed to operate as a waiver of any such breach. 14.12. Remedies. The rights of the parties under this Agreement are cumulative and not exclusive of any rights or remedies which the parties might otherwise have unless this Agreement provides to the contrary. 14.13. No Additional Beneficiaries. Despite the fact that the required performance under this agreement may have an affect upon persons not parties hereto, the parties specifically intend no benefit therefrom, and agree that no performance hereunder may be enforced by any person not a party to this agreement. Notwithstanding the foregoing, this is a three party agreement and the city is an express third party beneficiary of the promises of Consultant to provide services paid for by Applicant. Page 12 ~, /8 -_.._._-~ ..........-... ".._~~ ---- -.-- ."...._~..,.._-------_.- _.__._--~-~-----.- Dec-Ol-99 09:4BA P.02 signature page Three Party Agreement 8etwecm City of Chula Vista, Jeff Katz Architecture, consultant, and ACI sunJ)ow, LLC, Applicant For Architectural services to ~e Rendered with regard to the Design and Construction of Applicðnt's project, Fire Station '3 Now therefore, the parties hereto, having read and understood the terms and conditions of this agreement, do hereby express their con.ent to the terms hereof by setting their hand hereto on the date set forth adjacent thereto. Dated: city of Chula vista by: Attest: Susan Biqel.OW City Clerk Approved as to Form: .John M. Kaneny City Attorney Dated: Consultant: . Dated: Applicant: ACI: sunbow, LLC By: Ayres Land Company, Inc. Its: Ma J. Horne, President Pag'" 1.3 r¡ - Ie{ , I ¡;OO~ X3NHOLIV Å~I' A' t¡RS 8n~ RIA ,~~ Rn:nT n7u 1ItI.........,..... -~..- - - _._...._.._----_.._---,--_..__.~._-_._- ------ Exhibit A Reference Date of Agreement: Effective Date of Agreement: city of Chula vista, 276 Fourth Avenue, Chula vista, CA 91910 Consultant: Jeff Katz Architecture Business Form of Consultant: (X) Sole proprietorship ( ) Partnership ( ) corporation Address: 7290 Navajo Road, Ste. 106 San Diego, CA 92119 Applicant: ACI Sunbow, LLC Business Form of Applicant: ( ) Sole proprietorship ( ) Partnership ( ) Corporation (X) California Limited Liability company Address: 750 . B' Street Suite 2370 San Diego, CA 92101 1- Property Lot 'X' of Chula vista Tract 90-07 (Sunbow II, units 1 and 2) per Map No. 13423 recorded May 28, 1997. 2. Project Description: A. The Consultant shall design a new fire station to be located on Brandywine Avenue on Lot 'X' in the Sunbow development in the city of Chula Vista("Project"). with a construction budget of approximately $700,000, the Project is envisioned by the city as a 1500 square-foot structure, accommodating living quarters and office space for up to four firefighting personnel (male and female) with an attached 2500 square-foot (approximately 60' x 40') dual-entry ("drive-through") apparatus room equipped with an exhaust gas elimination system. A-1 rJ- dO ----- - - --- --.-...-------"..-.... B. The Consultant shall ensure that the Project is designed and constructed to optimize energy efficiency, durability and ease of maintenance, and in accordance with all applicable current state and local statutes, codes and ordinances including, but not limited to, the following: (1) The Uniform Building Code (2) The Uniform Fire Code (3) Current standards of the Americans with Disabilities Act ("ADA") 3. Entitlements to be applied for: Architect shall complete a Design Review Committee ("DRC·) application, prepare drawings and exhibits as prescribed in the Design Review Application Procedural Guide, attend all required staff meetings and public hearings to obtain DRC approval for the Project. The Project Architect shall also make all modifications to comply with the DRC recommendations and conditions of approval. 4. General Nature of Consulting Services ("General Services"): Architectural services for the design and administration of construction of Fire station No. 3. 5. Detailed scope of Work ("Detailed Services"): The Scope of Work is based on the stated intent of the City to utilize Chula vista Fire Station #4 (850 Paseo Ranchero) as the basic design model for the Project, the "Chula vista Fire Department Fire station Design Specifications·, as applicable, and the requirements of the City's Design Review Committee as a basis for the design of the new station. A. Phases (1) Schematic Design Phase All elements of Schematic Design Phase are to be completed by October 1, 1999. Those elements include: a. Provide a Schedule of performance from Preliminary Design through completion of Construction. Update the schedule at regular intervals. Should events occur which may cause delays exceeding one week, immediately notify the City and Applicant, and provide an updated schedule to be approved by City. b. Tour existing Fire Station No. 3 and hold "Brainstorming" session with Chula vista Fire A-2 î/~ 91 -.-....-.. "'.--------- --------..--------- personnel to discuss features of the new station design in order to determine any functional differences from the current station No. 4 design program. c. Perform preliminary code and zoning review. It should be noted that Fire Station No. 3 will be designed and constructed under the 1997 Uniform Building Code (Station No. 4 is under the 1994 code), which has several significant changes from the previous code, some of which may impact this project. It is the Consultant's duty to comply with all current applicable code requirements. d. Meet with City Building and Planning Departments to review all requirements including design requirements and building accessibility issues. e. Prepare site survey consisting of site topography, obtaining invert elevations for existing utilities, horizontal and vertical location of existing surface features and improvements. Furnish City and Applicant one Mylar copy each of existing topography. f. Develop Preliminary Building Floor Plans and Building Elevations. g. Prepare conceptual site drawings indicating placement of structures and amenities on site. This will be based upon site investigation and will address site utility requirements. h. Develop preliminary Cost Estimates based upon building systems. The estimates prepared at this phase will be generally square-foot cost estimates for the various building components, and will include a design development contingency (to allow for potential increases as the design is refined further in the later stages of the project) . i. Provide a written preliminary evaluation of the project, schedule and construction budget. j . Make required presentations to Chula vista Fire Department and Applicant to review scope, recommendations and findings of this phase of the work. Make required modifications resulting from City and Applicant review. A-3 ¡ /. d ét -,_._"..._----,._-------_.__._--,,_._._--~--,-_.__._.._---~_..,-_._--_._._._._., .-- --...--- ----_.__._-~-------_.--~ k. Make required Design Review Submittal to city of Chula vista and Applicant. One set of documents will be prepared and submitted concurrently to the two entities. Drawings required for this submittal will include: · site Plan · Schematic Floor Plan · Schematic Building Elevations · Roof Plan · Conceptual Landscape Plans · Preliminary Grading and Drainage Plans · Color and Material Sample Boards · Colored Exterior Elevations · site Photo Boards These drawings will include color and material callouts, as well as a colored building elevation drawing. No models or rendered drawings are required with this Design Review Submittal. l. Make required presentations to DRC to review proposed design. Only one presentation to the DRC is anticipated to be required. Additional presentations to the DRC will be an additional service. m. Make required modifications to Schematic Design in order to obtain Schematic Design approval. Required modifications shall fit within the parameters of the station No. 4 design concept and the approved project budget. n. After obtaining approval of Schematic Design, the Design Development phase will commence. O. All of the above items shall be to the satisfaction of the city. (2) Design Development Phase All elements of the Design Development Phase are to be completed by November 15, 1999. Those elements include: a. Coordinate building and site requirements with Applicant's Soils Engineer. b. Develop structural system consistent with design concept. Engineered site retaining A-4 I' ") I' Ç' ",) -----------_..._~.._,...._-_._._.. . .--.---.-- --------------- _'_' n._.._'.."._'....__._··..... walls will be required to provide the usable pad area necessary for the project. c. Prepare preliminary line item Construction Cost Estimate based on actual building components. This estimate will be more detailed than the systems estimate prepared during schematic design. d. Prepare Interior Elevations, Building Sections, Reflected ceiling Plans and Roof Plans. e. Prepare Grading, Drainage and util i ty Plans consistent with design concept (prepared from City-provided Topographic Survey). f. Develop building mechanical, plumbing and electrical systems consistent with design concept. g. Participate in a design review meeting with City and Applicant to review proposed design. (3) Construction Documents Phase All elements of the Construction Document Phase are to be completed by March 15, 2000. Those elements include: a. Prepare drawings and specifications, for approval by city and Applicant, suitable for bidding to clearly delineate the Contractor's scope of work, including required civil, architectural, structural, mechanical, plumbing, electrical and landscape design. city will provide all General and Supplementary Conditions for the project. Consultant will provide bid forms. Official submittals to the City and Applicant during this phase of the work will occur at approximately 90% complete (concurrent with submittal to the Building Department) and at 100% complete. b. Submit plans to local utility company for review and approval. (Note: Any required utility company fees are not included). c. Submit plans to city of Chula vista Planning and Building Department for plan check, and perform all required revisions to construction A-5 ! "11 " J' I ___.., _ ".____,_.n.'_'_ ___ _n_. - - ------~---- -- ._._-----_._.,~--._--_..._.. - documents based on Planning and Building Department's plan check comments. Plans will be processed through the Planning and Building Department and any other Departments required to obtain permits required for this project. (Note: plan check and permit fees are not included. The actual Building Permit will be obtained by the contractor). d. Update construction Cost Estimate. e. Meet with City and Applicant to review final design. (4) Biddina Phase All elements of the Bidding Phase are to be completed by May 1, 2000. Those elements include: a. Review and comment on the proposed construction contract. b. Provide original drawings (on Mylar) and specifications to be used for bidding the project. Assemble and distribute bid packages to prospective bidders. c. Interpret and clarify contract documents for contractors, and issue addenda as required. d. Conduct a Pre-Bid walkthru at the site with all interested contractors. e. Participate in bid opening, review contractor's detailed cost breakdown, and assist city and Applicant in evaluation of bids. (5) Construction Administration Phase The construction phase/administration of the construction contract shall commence upon the beginning of construction and shall be limited to a period equal to one hundred and ten percent (110%) of the total allowable time for the contractor's completion of the Work (inclusive of all required interior finish, fixture and equipment procurement). The preliminary estimate is that the construction period will be approximately seven months beginning May 1, 2000 and ending by January 19, 200l. A-6 I' ' I~ /' (j"';; - n_ ______,.. __._......_ - - -.. .---------------~--'^--.__.,. a. Attend Pre-Construction Conference. b. Review and approve or take other appropriate action upon Contractor's submittals and shop drawings as required by contract documents. c. Interpret contract documents for proper execution and progress of construction, including responding to contractor's requests for information and clarification. d. Assist the city in negotiating and processing Change Orders, including any revisions to Construction Documents if needed, for changes to the Work which, at the sole discretion of the city, should reasonably have been included by the Consul tant in the Construction Documents as bid. e. Make one scheduled site visit every week during the course of construction (total of 30) to observe the project, and prepare site visit report. site visit shall include weekly meeting with contractor, city representative and Applicant's representative to review progress of construction, review pending Request For Information ("RFI") and Change Order information, and observe the construction to verify work is proceeding in accordance with construction documents. f. Make one additional site visit to perform Punchlist Inspection, and one additional visit to perform Final Inspection. punchlist Inspection will include a detailed listing of all items remaining to be completed by the Contractor. Final Inspection will certify that all work has been completed in accordance with construction documents. g. Assist in reviewing and processing contractor's progress payment requests, and certifying the amounts due to the Contractor. h. The Consultant's certification of contractor's request for payment shall constitute a representation to the City, based on the Consultant's observations at the site as provided above and on the data comprising the Contractor's Application for Payment that to the best of the Consultant's knowledge, information and belief, the Work has A-7 I. _, f (.,'! ( __ __.n~_ _____~~____.._......___ progressed to the point indicated and the quality of Work is in accordance with the Contract Documents. i. Process contractor's As-Builts, warranty information and related information by forwarding them to the city. j. At the conclusion of the Construction Phase, and upon the City's acceptance of the project, provide the City with one reproducible Mylar set of Construction Documents reflecting the "as-built" conditions of the project. B. project Management and Administration (1) Attend periodic meetings wi th the city and Applicant at three-week intervals throughout the entire course of design to review progress on design and construction, conformity or variance to the Schedule of Performance, design/cost issues and conformity with project budget. Prepare summary minutes of such meetings and distribute to City, Applicant and others who have a need to know. C. Subconsultants The following subconsultants have been approved by the city and are proposed for use on this project: civil Engineering: Rick Engineering Company, Roger Ball, Vice President Structural Engineering: Simon Wong Engineering, Simon Wong, Principal Mechanical Engineering: Syska & Hennessy, Phil Trinh, Principal Electrical Engineering: lLA+Zammit, Larry Zammit, Principal Landscape Architecture: Environs, Martin Schmidt, Principal D. Additional Services to be Provided on an Hourly Basis The following items are not included in the Basic services, and will be provided as additional services only after written authorization is received by Applicant from the City. Unless a subsequent fixed fee proposal is provided and approved by city, the work will be done on an hourly basis per the attached Hourly Rate Schedule (Attachment 'B') . A-a , " ;;. '7 .-...---- --~-""--- -, _._-_.__.-..._~_.__.._-.---------- (1) Revisions to Schematic Design or Contract Documents resulting from City or Applicant requested changes to documents previously approved by City and Applicant, or due to subsequent code or zoning changes. (2) Preparing documents for alternate bid items. (3) Preparing separate construction document packages for site development work. (4) Revisions to the Scope of Work or design from that identified in the basic Fire station No. 4 design (fire station portion only) resulting from a change in project budget or station building program (i.e., three bays instead of two) (5) Services required because of significant changes in the proj ect including, but not limited to, size, quality, complexity, schedule, or the method for bidding and contracting for construction. A required change shall be determined to be significant at the discretion of the City. (6) Preparation of separate Public Improvement Drawings for work done in the public Right-Of-Way. Connections to existing utilities, and construction of new driveway approaches do not require separate Public Improvement drawings, and are included as a Basic Service. (7) Providing Geotechnical Engineering Services, or services required to evaluate hazardous materials. (8) Processing change requests for City and Applicant requested changes, and for unforeseen site conditions, after bid including revisions to Contract Documents, processing approval of revisions through the Building Department, and Change Order negotiation. (9) Construction site visits provided in excess of the visits defined under the Construction Administration Phase. (10) Providing services caused by the default of the Contractor, by major deficiencies in the work of the Contractor, or by failure of performance of either the city or Applicant, or the Contractor under the Contract for Construction. A-9 ry-'d-~ -------....-- - ---'--" .... -. ..-..---..---.,--------...- (11) Providing services in conjunction with arbitration proceedings or legal proceedings, except where the Architect is a party to such proceedings. (12) Providing "Special Inspection" services required by law or the Contract Documents. The Special Inspections referenced here include materials testing during the course of construction as required by the Building Code. (13) The Basic Services charges will breakdown approximately as follows: Pre-Design $4,200.00 Concept Design (Schematic Design Phase) $ 9,800.00 Final Design (Design Development Phase) $10,000.00 Construction Documents - 90% $43,000.00 Construction Documents - 100% $3,600.00 Bidding $3,500.00 Construction Administration $20,400.00 As-Builts S1.000.00 TOTAL $95,500.00 E. Drawing and Specification List The following drawings will be provided by consultant: civil Grading, Drainage and utility Plan Details Landscape Planting Plan Irrigation Plan Details Architectural Title Sheet site Plan Hardscape Plan Floor Plan Dimensioned Floor Plan Reflected Ceiling Plan Roof Plan Exterior Elevations Building sections A-10 17- ;/ì - _~_._._ ...___~__.___..____._ .._n_._....__ . -..--.- - - --- -- --------------------------..------------ Wall sections Large Scale Plans Interior Elevations Finish SChedule/Door Schedule/Window Schedule Details Structural Foundation Plan Framing Plan Details Mechanical HVAC Schedules HVAC Floor Plan Details Plumbing Plumbing site Plan Plumbing Floor Plan Details Electrical Electrical site Plan Power Plan Lighting Plan Signal Plan Panel Schedules/Details It is anticipated that the following specification sections will be provided (Note: All Bidding and Contract Procedure Documents to be provided by the City except that consultant shall provide an itemized format which the bidders will use for submittal of their bids for construction): Division 01 - General Reauirements 01010 Summary of Work 01200 Project Meetings 01300 Submittals 01310 Schedules and Reports 01410 Testing and Inspection 01500 Construction Facilities 01600 Material and Equipment 01630 Substitutions and Product options 01700 Contract Closeout 01710 Cleaning 01720 Project Record Documents A-II ~. 3Q --_.__.-,-_._~_._--_..,---_..- 01740 Warranties Sample Warranty Format Division 02 - sitework 02100 site Clearing 02220 Earthwork for Structures & Pavements 02233 Graded Crushed Aggregate Base Course for Pavements 02514 Portland Cement Concrete Paving 02225 Excavating, Backfilling & Compacting for utilities 02540 Pavement Markings & Related Signs 02620 Concrete Curbs, Gutters and Walks 02660 Exterior Water Distribution System 02720 Storm Drainage System 02730 Exterior Sanitary Sewer System 02810 Irrigation system 02900 Landscaping Division 03 - Concrete 03310 Concrete Work Division 04 - Masonrv 04320 Concrete unit Masonry Division 05 - Metals 05120 Structural Steel 05500 Metal Fabrications Division 06 - Wood 06100 Rough Carpentry 06181 Glue Laminated Members 06200 Finish Carpentry Division 07 - Thermal and Moisture Protection 07175 Water Repellent coating 07200 Building Insulation 07320 Concrete Roofing Tile 07500 Membrane Roofing 07620 Flashing and Sheet Metal 07720 Roof Accessories 07810 Uni t Skylights 07920 Sealants A-12 t-¡. ') I . ".-.' , '__on ..-..... ---.-~-~----.".. Division 08 - Doors and Windows 08110 Metal Doors and Frames 08210 Wood Doors 08331 coiling Overhead Doors 08520 Aluminum Windows 08710 Finish Hardware 08800 Glazing Division 09 - Finishes 09100 Metal support Systems 09200 Lath and Plaster 09250 Gypsum Wallboard 09330 Ceramic Tile 09510 Acoustical Ceilings 09650 Resilient Flooring 09680 Carpeting 09900 Painting Division 10 - Specialties 10202 Metal Wall Louvers 10350 Flagpoles 10440 Identifying Devices 10520 Fire Extinguishers and Cabinets 10800 Toilet Accessories Division 11 - EqµiDment 11450 Kitchen & Laundry Equipment Division 12 - Furnishings 12511 Vertical Louver Blinds (Divisions 13-14 Not Used) Division 15 - Mechanical 15010 Mechanical General Requirements 15140 supports and Anchors 15290 Duct work Insulation 15300 Fire Protection supplemental General Requirements 15310 Fire Protection Piping 15320 Fire Protection Valves 15400 Plumbing Supplemental General Requirements 15410 Plumbing Piping 15420 Plumbing Valves 15430 Plumbing Specialties 15440 Plumbing Fixtures A-13 " I ! ¡" _...._.____.____.._._______._.._ _~__.___... - 0"._ . _.__..." "^ '---,- . .-.._.._--_._.._._._....._-----_.__.._~----,._~,---_.-...------ 15450 Plumbing Equipment 15671 Air Cooled condensing units 15885 Vehicle Exhaust Removal System 15887 Carbon Monoxide Exhaust Fan 15910 Duct work Accessories 15940 Air Outlets and Inlets 15990 Testing, Adjusting and Balancing Division 16 - Electrical 16010 Electrical General provisions 16150 Emergency Standby Generating System 16200 Power Distribution Equipment 16300 Basic Materials and Methods 16400 Wiring Methods, Raceways and Conductors 16600 Lighting 16710 Cable TV Cable 16730 Fire Alarm System 16740 Public Address system 16750 Telephone System Rough-In 16800 utilization Equipment F. Responsibilitv for Construction Cost (1) Definition: The Construction Cost shall be the total cost or estimated cost of all elements of the Project designed or specified by the Consultant. The Construction Cost shall include the cost at current market rates of labor and materials furnished by the City and equipment designed, specified, selected or specially provided for by the Consultant, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for contingencies shall be suggested for market conditions at the time of bidding and for changes in the Work during construction. Construction Cost does not include the compensation of the Consultant and Consultant's consultants, the costs of the land, rights-of-way, financing or other cost which are the responsibility of the City or Applicant. (2) Evaluations of the City's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the Consultant, represent the Consultant's best judgment as a design professional famil iar with the construction industry. It is recognized, however, that neither the Consultant nor the City has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over A-14 í ~.._~ -'--' -- ..._.._._-~--~..__._..~-_.._- competitive bidding, market or negotiating conditions. Accordingly, the Consultant cannot and does not warrant or represent that bids or negotiated prices will not vary from the City's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Consultant. (3) If the Bidding or Negotiation Phase has not commenced within 90 days after the Consultant submits the Construction Documents to the City, any Project budget or Fixed Limit of Construction Cost ("fixed limit") will be adjusted if necessary to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the City and the date on which proposals are sought. In the event that this adjustment is to be made, the City, Applicant and Consultant agree to meet in good faith to determine the extent to which the Consultant's scope of work is unreasonably impacted for the purposes of determining additional compensation, if any, for the work performed. (4) The fixed limit for the Fire station construction is set at $700,000. The Project budget may be periodically analyzed and adjusted upward by the ci ty. Should City make such a proj ect budget adjustment the fixed limit shall be deemed accordingly increased without amendment to this Agreement. If the fixed limit is exceeded by the lowest bona fide bid or negotiated proposal, the City agrees to pursue one of the following courses of action: a. Give written approval of an increase in the fixed limit; b. Authorize rebidding or renegotiating of the Project; c. Terminate the Project proceedings; d. Cooperate in revising the Project scope and/or quality as may be necessary to reduce the Construction Cost; or e. Any other remedies the ci ty may deem appropriate. f. If the City chooses to proceed under 4.,d., above, the Consultant, without additional A-15 í' " ¡j f· -::'J f _.._,._._._..._-----_._--~. ,-,..,-- ---- -.- --..--...-- .'..... -"_~_'_--_'''_'_..----_..-.._,_.._...,--~~_._...._,_.,._-- charge, shall modify the Construction Documents as necessary to comply with the fixed limit. The modification of Construction Documents in scope and/or quality to reduce the Construction Cost, using Consultant's best professional advise and knowledge, shall be the limit of the Consultant's responsibility with regard to meeting the fixed limit. 6. Miscellaneous provisions If the City and Consultant are unable to reach agreement on any disputed work or compensation, the City may direct the Consultant to proceed with the work. Payment shall be as later determined pursuant to the remedies provided elsewhere in the Agreement. A. Schedule, Milestone, Time-Limitations within which to Perform Services. (1) Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement (2) Dates or Time Limits for Delivery of Deliverables: a. Consultant to have the Construction Documents complete and ready for bid by contractors no later than March 15, 2000 unless otherwise agreed to in writing by the City. (3) Dates for completion of all Consultant services: a. Upon Consultant's completion and City's acceptance of all services covered in the Agreement. B. Documents to be provided by Applicant to Consultant: ( ) site plans ( ) grading and utility location plans ( ) architectural elevations ( ) project description. ( ) Title Report (X) Geotechnical Report (X) Bidding Procedural Documents (General and Supplemental Provisions). C. Contract Administrators. City: James B. Hardiman, Fire Chief Applicant: Keith Horne and William Hamlin ACI Sunbow, LLC ("ACI") Consultant: Jeff Katz, AIA, Principal A-16 . . ",1· ,...,.,....,...-.; - ._- -- -- ----~---_..-....._._..- - ----. . ._---._,.._---"----_._~-~-----~-- D. statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. ( ) Category No. 1. Investments and sources of income. ( ) category No. 2. Interests in real property. ( ) Category No. 3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. ( ) Category No. 4. Investments in business entities and sources of income which engage in land development, con- struction 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 I s department to provide services, supplies, materials, machinery or equipment. ( ) category No. 7. Business positions. A-17 I , ~' 'v._" -. --~^. --- --_...~--~---_.._._._.._..._,._._~,_. E. Insurance Requirements: (x) statutory Worker's compensation Insurance ( ) Employer's Liability Insurance coverage: $1,000,000. (x) Commercial General Liability Insurance: $1,000,000. ( ) Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). (x) Errors and omissions insurance: $250,000 (not included in commercial General Liability coverage). F. Not withstanding the provisions of Sections 4.4 and 5.3 above in the Agreement, Applicant and Consultant may communicate directly so long as City is kept informed of the content of such communications either through meetings or written correspondence. G. Unless otherwise provided in the Agreement, the Consultant shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. H. The Consultant shall have the right to include representation of the design of the Project, including photographs of the exterior and interior, among the Consultant's promotional and professional materials. The Consul tant' s materials shall not include the city or Applicant's confidential or proprietary information if the City or Applicant has previously advised the Consultant in writing of the specific information considered by the City or Applicant to be confidential or proprietary after Consultant has provided such promotional and professional materials to city and Applicant for review prior to publication or distribution thereof. The City or Applicant shall provide professional credit for the Consultant on the construction sign and in the promotional materials for the Project. I. The Consultant shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are not Consultant's responsibility. The Consultant shall not be responsible for the Contractor's schedules or failure to carry out the Work in accordance with the Contract Documents. The Consultant shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their A-18 ¡ I ^...; r¡ -) - --------.-.--."---.-....... ----.. ._~_..- ..__..._---_._---~---~ agents or employees, or of any other persons performing portions of the Work. A-19 t .i r -~.. ',- :.. ..", ( -..".I ...... -, '._- ..-- ---~_._._-~-----_.,._---,- Exhibit B Compensation Schedule and Deposit: Terms and Conditions. ( ) Single Fixed Fee Arrangement. For performance of all of the General and Detailed Services of Consultant as herein required, Applicant shall pay a single fixed fee in the amounts and at the times or milestones set forth below: ( ) Single Fixed Fee Amount: $ Milestone or Event Amount or Percent of Fixed Fee 1. Signing of this agreement by all parties and upon the request of the contractor. (X) Phased Fixed Fee Arrangement. For the performance of each phase or portion of the General and Detailed Services of Consultant which are separately identified below, Applicant shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones set forth hereinbelow ("Phase Fixed Fee Arrangement ") . Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Fee for Phase Said Phase 1- Pre-Concept Design $ 4,200 2. Concept Design $ 9,800 3. Final Design(Design Development)* $10,000 4. Construction Documents-90% $43,000 5. Construction Documents-100% $ 3,600 6. Bidding $ 3,500 7. Construction Administration $20,400 8. As-Builts S 1. 000 Total $95,500 *parties acknowledge that Applicant, prior to the execution of this Agreement, compensated Consultant to proceed with the Concept Design and Design Development phases of this Agreement in the amount of $22,800.00 for Basic Services, plus $353.68 for Reimbursable Expenses for a total of $23,153.68 and that the Consultant accepted such payment at payment towards the completion of the Concept and Design Development phases. B-1 I ! ------.---...------,--- . ~----_..__..~_.~ . Applicant shall pay full amount ($95,500) and be given credit in the Fire DIF not to exceed $81,000. ( ) Time and Materials For performance of the General and Detailed Services of Consultant as herein required, Applicant shall pay Consultant for the productive hours of time and material spent by Consultant in the performance of said Services, at the rates or amounts set forth hereinbelow according to the following terms and conditions: ( ) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the General and Detailed Services herein required of Consultant for $ including all Materials, and other "reimbursables" ( "Maximum Compensation"). ( x ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to $95,500 ( "Authorization Limit") , Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City Council. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. B-2 , Yo ------,--- -- - - ,- --...'..-.-----....-----------------------------.-.-.-- Hourly Rate Schedule The following rates apply to work performed on an hourly basis. Category of Employee Hourly or Consultant Rate Principal Architect · · · · · · · · · · $ 95.00 per hour Designer . · · · · · · · · · · · · · · · $ 75.00 per hour Specification writer · · · · · · · · · · $ 75.00 per hour Construction Administrator · · · · · · · $ 85.00 per hour Drafter . . · · · · · · · · · · · · · · · $ 55.00 per hour Secretarial · · · · · · · · · · · · · · · $ 40.00 per hour Structural Engineer . · · · · · · · · · · $100.00 per hour Civil Engineer · · · · · · · · · · · · · $ 95.00 per hour Mechanical Engineer · · · · · · · · · · $100.00 per hour Electrical Engineer · · · · · · · · · · $100.00 per hour Landscape Architect · · · · · · · · · · $100.00 per hour Reimbursable Expenses will be charged at actual cost. Cost or Rate ( ) Materials Actual Reports Copies ( ) Travel Actual (x) Printing Actual (x) Postage Actual ( ) Delivery Actual ( ) Long Distance Telephone Charges Actual ( ) Other Actual Identifiable Direct Costs Actual B-3 r¡. Lf ¡ ....--... -~.. . ._..__._,-.,._..-,--..--'-~-----.-.-..---.---~ ~-------- Deposit (X) Deposit Amount: $14,500 ( ) Use of Deposit to Pay Consultant. Notwithstanding the sole duty and liability of Applicant to pay Consultant, if this paragraph is "checked", upon City's receipt of billing by Consultant, and determination by city in good faith that Consultant's billing is proper, a judgment for which Applicant agrees to hold city harmless and waive any claim against City, City shall pay Consultant's billing from the amount of the Deposit. If Applicant shall protest the propriety of a billing to City in advance of payment, City shall consider Applicant's protest and any evidence submitted prior to the due date for the payment of said bill by Applicant in making its good faith determination of propriety. (X) Use of Deposit as Security Only; Applicant to Make Billing Payments. Upon determination by City made in good faith that Consultant is entitled to compensation which shall remain unpaid by Applicant 30 days after billing, City may, at its option, use the Deposit to pay said billing. Bill Processing A. Consultant's Billing to be submitted for the following period of time: (X) Monthly ( ) Quarterly ( ) Other: B. Day of the Period for submission of Consultant's Billing: ( ) First of the Month ( ) 15th Day of each Month (x) End of the Month ( ) Other: B-4 r¡-Lfd< -" ------ -----_._._----"---,"-"--- --- -- --'-'--' - -_._~...,---_._._._.,-_._.._. u__ C. city's Account Number: 86200-2721/61500001-800000 security for Performance () Performance Bond, $ () Letter 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 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% from each invoice () Retention Amount: $ Retention Release Event: () completion of All Consultant Services (X) other: At the sole discretion of the City, at the successful completion of the "Construction Documents-100%" Phase, one-half of the Retention monies held to that point will be released to Consultant. Bidding, Construction Administration and As-Builts Phases will continue to be subject to retention and the remaining retention monies will be released upon successful completion of As-Builts phase. B-5 7-4-3 ^ -.---------- -- -- -------_.__..._-~--,..._,._-- Exhibit C council approved CIP Project PS #129 provides for the relocation and construction of Fire station #3 from its current location at 266 E Oneida to the Sunbow Development on Brandywine Avenue. The Applicant is to build a "turn key· 4000 square foot fire station as per the Supplemental Subdivision Improvement Agreement. Design elements of the Fire Station "/13 will be consistent with Fire station "/I 4 (CIP Project PS "/1120). Construction of the fire station is to commence by May 2000 and completion of project is expected by February 2001. Jeff Katz Architecture maintains its office in San Diego and is a full service architectural, planning and construction management firm. The Principal Architect is Jeff Katz, AIA, and has additional previous experience working on public and private sector projects including San Miguel Consolidated Fire Protection District, City of La Mesa Fire Department, City of San Diego Fire Department, City of Banning Fire Department, Sea World, United States Postal Service, Logan Heights Family Health Center, and Hewlett Packard. Jeff Katz Architecture was selected as the Consultant because of his experience as the principal architect for Fire Station "/14. C-1 r-¡-4~ __·____n _"___'__'__",_"_..____ "_______ __,.~"".,__.__._~_____ COUNCIL AGENDA STATEMENT Item--1L Meeting Date 11/30/99 ITEM TITLE: Resolution Approving the City ofChula Vista's update of th, ",",ti,,,,¡ Highw'Y C;¡;;ïi@ M.. SUBMITTED BY: Director of Public Works REVIEWED BY: ¿;v (4/5ths Vote: Yes~oX) City Manager ,,'\V .f,J' The Federal-Aid Highway Act of 1973 required the use of functional highway classification to update and modify the Federal-Aid highway system. This legislative requirement is still effective today and is part of the Transportation Equity Act for the 21st Century (TEA-21). The Transportation Equity Act for the 21st Century (TEA-21), which builds on the major changes to federal transportation policies and programs addressed in the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), was enacted into law on June 9, 1998. TEA-21 continues the provisions related to ISTEA. The functional classification of roads in Chula Vista have not been updated for a considerable period of time. This resolution will satisfy the TEA-21 requirements. It is also in response to a request by CaITrans to approve the update. The due date for submitting the update was extended by Caltrans to December 3, 1999. RECOMMENDATION: That Council approve a resolution approving the City ofChula Vista's update of the Functional Highway Classification Maps. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Functional classification is the process by which streets and highways are grouped into classes or systems according to the character of service they are intended to provide. Chula Vista's road system is grouped into the following three classes: principal arterial system, minor arterial system and collector system. The enclosed Attachment "A" shows a listing of all the City streets grouped under said three different classes. This grouping is based on the circulation element chapter of the General Plan. Attachment "B" shows a listing of City streets to be added, deleted and/or revised, which will be submitted to update the current Functional Highway Classification Maps. According to the Functional Classification Manual, the urban principal arterial system is identified as unusually significant to the area in which it lies in terms of the nature and composition of travel it serves. The principal arterial system serves the major centers of activity of a metropolitan area. It carries the highest traffic voJume and a high proportion of the total urban area travel on a minimum of mileage. The principal arterial system should carry the major portions of trips entering and leaving the urban area as well as the majority of through movements desiring to bypass the central city. The minor arterial street system should interconnect with and augment the urban principal arterial system and provide service to trips of moderate length at a somewhat lower level of travel mobility than principal arterials. .5:5-/ . .....-".-..-.....- . -. - . -- .-.. -. - ------'--' .-. -,- .~-_..----- ......-.. _._~_.,--- . --.. ._-_..._---,------_.__.__._--~-----_._--- ---.--.. Page 2, Item_ Meeting Date 11/30/99 The collector street system provides both access service and traffic circulation within the residential neighborhoods, commercial, and industrial areas. It differs ITom the arterial system in that facilities on the collector system may penetrate residential neighborhoods distributing trips from the arterials through the area to the ultimate destination. Further description on each of the three different classes is shown in Attachment "c." The functional classifications of the street systems in any region are used for federal or state funding of street projects. Federal and State agencies will consider funding of projects if they are identified in the Functional Highway Classification Maps. A street system which is not identified, regardless of its regional or local function, will not be considered for funding and will be considered as local street. LocaJ street projects are excluded ITom any state or federal funds and are considered the responsibility of the local agency. FISCAL IMPACT: Not applicable. Attachments: RDJ:rdj File No.: 0740-30-KY016 K\HOME\ENGINEERIAGENDA \99A-FHC ,RDJ 3-d ..-.....--- - - - - ____ ___ - _____n____..__ __._______~__._____________ RESOLUTION NO_ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CITY OF CHULA VISTA'S UPDATE OF THE FUNCTIONAL HIGHWAY CLASSIFICATION MAPS WHEREAS, the Federal-Aid Highway Act of 1973 required the use of functional highway classification to update and modify the Federal-Aid highway system; and WHEREAS, this legislative requirement is still effective and is part of the Transportation Equity Act for the 21st Century (TEA-21); and WHEREAS, TEA-21 builds on the major changes to federal transportation policies and programs addressed in the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) which was enacted into law on June 9, 1998; and WHEREAS, the functional classification of roads in Chula vista has not been updated for a consideration period of time; and WHEREAS, this resolution will satisfy the TEA-21 requirements and also is in response to a request by CalTrans to approve the update; and WHEREAS, the due date for submitting the update was extended by Caltrans to December 3, 1999. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the City of Chula Vista's Update of the Functional Highway Classification Maps as set forth in Attachment "A", incorporated herein by reference as if set forth in full. Presented by Approved as to form by John P. Lippitt, Director of n M. Kaheny / i ty Public Works torney h,\HOME\attorney\reso\classmap J!-3 _ _,_.'_ ~.. .. .__._.n".__ ._ .'"__........"..___..__.... .. _._..._ _... ,..______.__m'._._._.·~_____..,._____ ...._. ATTACHMENT "A" ROADWAY CLASSIFICATION BASED ON THE CIRCULATION ELEMENT PRINCIPAL ARTERIALS S1œ1 Section Broadway State Route 54 to "E" Street East "If' Street State Route 125 to Mount Miguel Road East "H" Street Interstate 805 to Otay Lakes Road La Media Road Otay Lakes Road to Southerly City Limits Olympic Parkway Interstate 805 to Hunte Parkway Otay Lakes Road Bonita Road to Telegraph Canyon Road Otay Lakes Road Telegraph Canyon Road to Easterly City Limits Proctor VaJJey Road Mount Miguel Road to Hunte Parkway Telegraph Canyon Road Interstate 805 to Otay Lakes Road MINOR ARTERIALS S1œ1 Section Beyer Way Main Street to Southerly City Limits Bonita Road E Street/Flower Street to Otay Lakes Road Broadway ''E'' Street to Southerly City Limits "E" Street Bay Boulevard to Bonita Road East "If' Street Otay Lakes Road to State Route 125 East Palomar Street Oleander A venue to Paseo Ranchero Eastlake Parkway Miller Drive to Olympic Parkway First Avenue "E" Street to "If' Street Fourth Avenue State Route 54 to Beyer Way "If' Street Bay Boulevard to Interstate 805 Hilhop Drive "If' Street to Main Street Hunte Parkway Proctor VaJJey Road to Olympic Parkway "J" Street Interstate 5 to Hilltop Drive "L" Street Interstate 5 to Nacion Avenue Main Street Interstate 5 to Otay VaJJey Road Olympic Parkway Hunte Parkway to Wueste Road Orange Avenue Palomar Street to Interstate 805 Otay VaJJey Road Main Street to Easterly City Limits Palomar Street Bay Boulevard to Broadway Paseo Ranchero East "f' Street to Southerly City Limits Telegraph Canyon Road Nacion Avenue to Interstate 805 Third Avenue "C" Street to Main Street ð-tj ______'.____ __"_"_~_'___'._'_'__'_"_'__'" ... .0' ~.'.__.__...... ... _..._,.._.~.._~. ----- _.---~-~..._.._.~------~--~~-_.._.~ ATTACHMENT "A" COLLECTOR STREETS &rw Section Anita Street Industrial Boulevard to Third Avenue Bay Boulevard "E" Street to Main Street Brandywine Avenue East Palomar Street to Otay VaJJey Road Buena Vista Way Rancho del Rey Parkway to Telegraph Canyon Road "c" Street Broadway to Second Avenue Corral Canyon Road Northern City Limits to East ''H'' Street "D" Street West end to Second Avenue Del Rey Boulevard East "H" Street to Rancho del Rey Parkway East Palomar Street Paseo Ranchero to Olympic Parkway Eastlake Drive Hillside Drive to Lakeshore Drive Eastlake Drive Lakeshore Drive to Miller Drive "F" Street Marina Parkway to Hilltop Drive Fenton Street Eastlake Parkway to east of Lane Avenue Fifth Avenue "c" Street to "R" Street Fifth Avenue "I" Street to Orange Avenue First Avenue "H" Street to "L" Street First Avenue Naples to south end "G" Street Colorado Avenue to Hilhop Drive Hillside Drive Port Renwick to Eastlake Drive Hilhop Drive "F" Street to ''H'' Street "I" Street Colorado Avenue to east ofHilhop Drive Industrial Boulevard "L" Street to Southerly City Limits East "J" Street Hilhop Drive to Paseo Ranchero "K" Street Colorado Avenue to First Avenue Lane Avenue Proctor V alley Road to Otay Lakes Road Medical Center Drive Telegraph Canyon Road to East Palomar Street Melrose Avenue Telegraph Canyon Road to Otay VaJJey Road Marina Parkway "F" Street to "J" Street Moss Street Industrial Boulevard to Naples Street Nacion avenue "J" Street to Melrose Avenue Naples Street Industrial Boulevard to Medical Center Court Oleander Avenue Telegraph Canyon Road to Otay VaJJey Road Oxford Street West end to Nacion Avenue Palomar Street Broadway to Oleander Avenue Paseo del Rey East "If' Street to Telegraph Canyon Road Paseo Ladera East "J" Street to East Palomar Street Paseo Ranchero Rancho del Rey Parkway to East "J" Street Plaza Bonita Road Sweetwater Road to Bonita Road Port Renwick Corral Canyon Road to Hillside Drive Proctor V aJJey Road Hunte Parkway to Easterly City Limits Rancho del Rey Parkway Del Rey Boulevard to Del Rey Boulevard Ridgeback Road Rancho del Rey Parkway to Otay Lakes Road g-s _~·""_M_'___""·____'_._"·_..~ _'. ~_....~__.._. ..__ _,~_..~_.__~_.. n_.__n...___...._.u ".---....-..-'------.------------..---.- ATTACHMENT "A" Rutgers Avenue Corral Canyon Road to Otay Lakes Road Second Avenue Northerly City Limits to "L" Street Second Avenue Moss Street to Orange Avenue South Lakeshore Drive Eastlake Drive to Eastlake Drive Terra Nova Drive East "H" Street to Rancho del Rey Parkway Telegraph Canyon Road Hilltop Drive to Nacion Avenue Willow Street Bonita Road to Sweetwater Road H:\IIOMElENGINEERIAGENDA\99A-FHCI.RDJ g-fo " .____.'"^U______.'_ _._ __ _ _ _____.__.,_ _____~__..~_...._...~._ _ __. ___.__ . . 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Z Z 00 .- :;;c . ~ m> "'" 0 r- . m co ~I~~~ ~~~mI~om~~ w~ommm ~> ocm;n o~o~~oo~;n;n o;no~~" ~ø ~~~~ ~QQ~~~~~gg ~~~~~~ ~~ m"~~ ~z>a~~>~~ ~ ~III O~ ~ ~ø~mmï~OO :;;c ï~~ø ~O Þ mo~om~:;;C 0 o~~~ ~> :;;CI ~ÕO~~~~« Þ Þ:;;c~:;;c ~ ~~ ~~~~õ~~~~ 0 ~~~~~ Õ >z mmm ~O~~~ O~~~O z ~~ ~ z~~~ z ~ o ~ ~>~~ ~ ~ z 2' ~~oo ~ "0 ;:c m . . ~ ø ~~m~~~ ~~z~~~~~~~~ ~~~~~~ ~~ ~Ø~~m ~ ~~ø~ø~~~ m~~moo mØ >~~~O >~~>~>~~>~ ~~>~ÕÕ ~ ~~~m~ ~~Þ~>~cC~~ ~~~~cc ~ rnOQ;~ rn~~c~c;:Czrn~ I øI~~ Õ ~~~ I ~ ~:;;C~~<m;:c 0 ~o z o ~~m 0 "¡;¡;,,¡;¡;m,,O~ ~ ~~~~ ~ ~ ~o~ ~ ~ ~ ~~Þ ~ ~~~~ » - m z ~ 0 O~~O ø j c Z Z~~ m ..., m;:c ~~~ Z !=' !=,.:< Q O~ OQ Þ ~~ ~~ ~ mommm mo~ooooooo mmoooo ~~ 0 O:;;CI ~ <;:-< __c ;;: ¡¡¡o _> m ~~~------- ----~~~ æ< z AmAAA A~A~~~~~~m AA~~~~ ~ffi ~ "' -< mï:þ .. "m III s:~ : m-< ZI ~~~~~ ~~~~~~~~~~ ~~~~~~~-<o ~œ~w- m~Nœw w o~ œwœ N~~~W tm-~o~-~~~ WW~NO~5~ 1-& ----- - . ---.-.-.----.-..------- --.--".---.-- - -- ' - ATTACHMENT "C" - -- . -- - -..... - -, Urbe.n --or~~P11 I!r't@rf!!l BVatem :In every m::ban enviromDent "there exist. a syste: of streets an~ hi;hways which can be identified as unU5ually significant to "the ar_ in which j:t ~ies in te~ of the nature and composition of travel it serves. ~n smaJ.ler m.-ban areas (under SO,OOD) "these faci]r.ities may be very ~imitee! in n=ber ane! extent ane! -their i:.portance 3II!IY be pri1narily ðerived ~r= the service provided to travel passin; tbrou;h the area. :rn la..-ger u=ban areas their içortance also ðerives f= service to rure.l oriented trafric, but equa~y or even more i.mportant, ~r= se..-vice for major movementlõ wi thin these urlIanized areas. This ¡;ystem of streets anë. highweys is '::he urban principal arterial system and sahould serve the major centers of a::o=ivity of a metropolitan area, the highest traffic volume corridors, and the longert trip desires: and should carTY a high proportion of the total urban area travel on a mini.mwn of mileage. The system should be J.ntegrated, both internally and between major rural connections. The principal arterial system should ca.-ry the major portion of trips entering and leaving '::he urban area, as well as the majority of throuqh movements ðesiring- to bypass the central city. In addition, siqnificantintra-area travel, such as between central business districts and outlying- residential areas, between major inner city communities, or between major' suburban centers should be served by this syste:. l':requently the principal arterial system will carry i.mportarit intraurban as well as intercity bus routes. Finally, this system in small urban and urbanized area. should provide continuity for all rural arteriaJ.s which intercept the urban bounduy. Because of the nature of "the travel served by "the 'principal arterial system, almost all fully and partially controllee! access facilities will be part of this functional system. Bowever, this system is not restricted to controlled access routes. In order to preserve the identification of controlled access facilities, "the principal . arterial system is stratified as follows: (1) Interstate, (2,) other freeways ane! expressways, and (3) other principal· arteria1:-s (vith no control af acc_a). The spacinq of urban principal . arterials vill be closely related to the trip-end density characteristics of particular portions of the urban araas. While no firm spacinq rule can be .- established vhich viII apply in all, or even most circumstances, -- 1 OF 2 %-9 __ _______m____'_n -_.......... - ~---- -----.-......---- - , - ~ :he spacing of principal arterials (in larger urban areas) may vary :f= less than one 1rile in the highly· developed central business areas to ~ive JUles or :more in the sparsely c!evelopad urban ~ringes. , -- - -.-- - --. .. - For principal arterials, the concept of service to abutting -'- land should be subordinate to the provision of travel service to major traffic movements. It should be noted that only facilities within the "other principal arterial · system are capable o! providing any direct access to adjacent land, and such service should be purely incic!ental to the pri1llary 'functional . :::-esponsibility of this system. TIrb~~ ~ino~ ~-t~-i~' stre~t svste~ ; :!.'he mino::- arterial street system should interconnect with and augment the u--±>an p::-in=ipal arterial systeJn and provide service to '::rips of mode=-a-:.e len:;-...h at a lÞo:melo'hat lower level of travel mobility :han p::-in=ipal a=terials. This system also distributes travel to geog=aphic areas smaller than those ide.~tified with the higher systeJn. :!.'he ~nor arterial street system includes all arterials not classified as a principal and contains facilities that place more emphasis on land access than the higher system, and offer a lower level of traffic mobility. Such facilities may carry local bus routes and provide intra-community continuity, but ic!eally should not penetrate identifiable neighborhoods. :!.'his system should include urban connections to rural collector roads where such connections have not been classified as urban principal arterials. :!.'he spacing of minor arterial streets may vary from 1/8 - 1/2 mile in the central business district to 2 - 3 miles in the suburban· fringes, but should normally be not more than 1 mile in -- . fully deve10ped areas. Urban oolle~or street svstem The collector street system provides both land access service and traffic circulation within residential neighborhoods, . cœqDercial and industrial areas. It differs from the arterial system in that facilities on the collector system may penetrate residential neighborhoods, distributing trips from the arterials through the area to the ulti1llate destination. Conversely, the cOllector street also collects traffic from local streets in residential neighborhoods and channels it into the arterial system. In the central business district, and in other areas of like development and traffic density, the collector system may include .- the street. grid which fonns a logical entity for traffic circulation. .- 2 OF 2 2-/0 M___._'..__"._ _______________.. _________ - -------------...-----+...----- --.---.".",,-- · COUNCIL AGENDA STATEMENT Iteml Meeting Date 12/7/99 ITEM TITLE: Resolution Declaring City's intention to underground overhead utilities along Fourth Avenue ITom "H" Street to "L" Street and setting a public hearing for the formation of Utility Underground District Number 131 for January 25, 2000 at 6:00 p.m. SUBMITTED BY: Director of Public Work~ REVIEWED BY: City Manager (4/5ths Vote: Yes_NoX) A public hearing was conducted before the City Council on September 1 and 15, 1998, at which time the City Council approved the ordinance (Ordinance No.2746) adopting the new Franchise Agreement with SDG&E during its second hearing. Part of this "New Franchise" agreement involves the allocation of the California Public Utilities Commission (CPUC) Rule 20A Funds for constructing the Utility Underground Conversion Projects shown in Exhibit "A." The next round of utility underground conversion projects, as approved in this new Franchise Agreement, is scheduled for the year 2000. Fourth Avenue ITom "H" Street to "L" Street is one ofthe projects scheduled for completion in the year 2000. RECOMMENDATION: That Council approve the resolution declaring the City's intention to underground overhead utilities along Fourth Avenue ITom "H" Street to "L" Street and setting a public hearing for the formation of Utility Underground District Number 131 for January 25,2000 at 6:00 p.m. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The adoption of the new Franchise Agreement with SDG&E Company allocates CPUC Rule 20A Funds for constructing a Utility Underground Conversion Project along Fourth Avenue between "H" and "L" Streets. On September 10, 1999, representatives of the Underground Utility Advisory Committee (UUAC), consisting of representatives of SDG&E, Pacific Bell, Cox Communications, Chula Vista Cable, and the City, held a "walk-thru" of the site, along Fourth Avenue between "H" and "L" Streets, to determine the proposed boundary of the underground utility district for the conversion of existing overhead utilities. The proposed boundary is shown on attached Exhibit "B." The UUAC representative agreed to propose to the City Council the formation of a utility district for the conversion of overhead utilities along Fourth Avenue between "H" and "L" Streets. The proposed utility undergrounding district is one mile long (see Exhibit "B") and will cost approximately $1,000,000. Undergrounding of overhead utilities north of the proposed district has been completed. The Average Daily Traffic (ADT) counts on Fourth Avenue between "H" and "L" Streets is approximately 15,100 to 21,500. q-I --.---.-.--.- -_._~-_.- Page 2, Item_ Meeting Date 12/7/99 Staff recommends the formation of this conversion district along this section of Fourth Avenue because: 1. Fourth A venue is a major north/south thoroughfare in the western portion of Chula Vista and an entrance into the City. The undergrounding of existing overhead utilities will contribute to the creation of an aesthetically pleasing major street. 2. This segment of Fourth Avenue is classified in the General Plan's Circulation Element as a class I collector street. 3. Undergrounding has been completed on Fourth Avenue from the north city limit to "H" Street, thus making the proposed district an extension of an undergrounded section. This overhead utility undergrounding conversion project is one of the two projects on Fourth Avenue that are scheduled in the five-year "Franchise Agreement" with SDG&E. The other project along Fourth Avenue scheduled to be completed in year 2002 is between "L" Street and Orange Avenue. Section 15.32.130 of the Chula Vista Municipal Code requires the City Council to set a public hearing to determine whether the public health, safety, and general welfare requires the under- grounding of existing overhead utilities within designated areas of the City to give persons the opportunity to speak in favor of or against the formation of a proposed district to underground utilities. The purpose of forming the district is to require the utility companies to underground all overhead lines and to remove all existing wooden utility poles within the District and to require property owners to convert their service connections to underground. One dusk-dawn light located on private properties at 591 Fourth A venue is proposed to be removed. Dusk-dawn lights are strictly serviced from overhead lines only and not from any underground source. The dusk-dawn light and the wooden pole are owned by SDG&E and are rented to the property owners. The telephone utility pole located at 827 Fourth Avenue will be moved inside the property if Pacific Bell can get an easement ITom the property owner. If the easement is not granted, then this pole will be moved behind the sidewalk, six feet from the face of the curb or be excluded from the district. The conversion work required from the property owners will involve the trenching, backfilling and installation of conduits from property line to the point of connection. Chula Vista City Council Policy No. 585-1 established a mechanism that helps property owners with the cost of the conversion work from the distribution lines to the structure. This policy provides for the reimbursement of property owners at a rate of $30 per foot of trenching (up to 100'). The approximate reimbursement amount to each of the affected properties in the district is shown in Exhibit "C." Each reimbursement amount to the property owners will be adjusted based on the actual trenching footage constructed. The reimbursement amount is currently estimated to be $95,000 and is included in the overall cost estimate of $1,000,000. 9- ì , c:"""\ -- ----_..__._,_..,._,-_.._-----_._._._._--~----~~---_.._--,"---"--- Page 3, Item_ Meeting Date 12/7/99 Approval of this resolution will set a public hearing to be held during the City Council meeting of January 25, 2000 at 6:00 p.m., in accordance with Section 15.32.130 of the Municipal Code for the formation of this district. Section 15.32.140 of the City Code requires the City Clerk to notify all affected persons and each utility company of the time and place of the public hearing at least 15 days prior to the date of the public hearing. Notice is to be given by mail to all property owners and occupants of property located within the boundaries of the proposed district. The City Clerk is required by said section of the Code to publish the Resolution of Intention, setting the public hearing in the local newspaper no less than five days prior to the date of the public hearing. FISCAL IMPACT: The cost of pole removal, undergrounding overhead facilities and private property conversion reimbursements as outlined above is estimated to be approximately $1,000,000. SDG&E's allocation funds (Rule 20-A) will cover the estimated cost of the undergrounding project. All staff costs associated with the formation of this undergrounding district are not reimbursable ITom the allocation funds and, therefore, are borne by the general fund. A new Capital Improvement Project for street light installation will be necessary as a result of this undergrounding district. The installation of a new street lighting system, to coincide with the undergrounding project, is estimated to cost approximately $200,000. The street lights project will be submitted for Council's approval during the FY 00-01 Capital Improvement Program budget process. Gas Tax Funds will be proposed to cover the cost of the street lights. Attachment: Exhibit A - Utility Underground Conversion Projects Exhibit B - Boundary Map Exhibit C - Reimbursement Schedule File No: 0810-50-KY078 C-J :.::7 -0 . -..., -....-... ------------- .-...----------- ...--..-..-- - -"- -- -.... ~-~,-~... CITY OF CHULA VISTA EXHIBIT "A" UTILITY UNDERGROUNDING PROGRAM UTILITY UNDERGROUNDING PROJECTS TO BE COMPLETED BY END OF 1999: DISTRICT STREET LIMITS NUMBER EStreet Broadway to Tayon Lane 123 Main Street Industrial Boulevard to Third Avenue 126 Otay Lakes Road Ridgeback to Apache Drive 129 Palomar Street 1-5 to Industrial Boulevard 127 FUTURE UTILITY UNDERGROUNDING PROJECTS TO BE COMPLETED IN 2000: ESTIMATED STREET LIMITS COST Broadway "C" Street to "E" Street $513,000 Fourth Avenue "H" Street to "L" Street $1,000,000 Oranae Avenue Palomar Street to Fourth Avenue $440 000 TOTAL $1,953,000 FUTURE UTILITY UNDERGROUNDING PROJECTS TO BE COMPLETED IN 2001: ESTIMATED STREET LIMITS COST Olav Lakes Road Bonita Road to Camino Del Cerro Grande $2,250,000 TOTAL $2,250,000 FUTURE UTILITY UNDERGROUNDING PROJECTS TO BE COMPLETED IN 2002: ESTIMATED STREET LIMITS COST Fourth Avenue "L" Street to Orange Avenue $1,150,000 'L" Street Monserate Avenue to Nadon Avenue $340,000 'L" Street Broadwav to Third Avenue $700 000 TOTAL $2,190,000 FUTURE UTILITY UNDERGROUNDING PROJECTS TO BE COMPLETED IN 2003: ESTIMATED STREET LIMITS COST Otav Lakes Road Camino Del Cerro Grande to Ridaeback Road $2100000 TOTAL $2,100,000 FUTURE UTILITY UNDERGROUNDING PROJECTS TO BE COMPLETED IN 2004: ESTIMATED STREET LIMITS COST "J" Street East of Broadway to Third Avenue $700,000 "J" Street East of Nadon Avenue to West of Lori Lane $290,000 'J" Street Third Avenue to First Avenue $475,000 TOTAL $1,465,000 (home\... \advplan\uudist\UUDSCHED.WB1) JULY 27,1998 c¡ - i.J --~----------_.__. .-.. ....-.... . _ ___~u .__~,_..__._,."________...._. _.__.~.__ ------...._-- - ..'..._. -- ----....--........ - ------------.-...-....--.-- - ------,-------.----.---. _-c~\ N UTILITY UNDERGROUNDING DISTRICT NO. 131 W~E 4th Ave "H" St to "L" St ~ UNDERGROUND DISTRICT BOUNDARY . 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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING CITY'S INTENTION TO UNDERGROUND OVERHEAD UTILITIES ALONG FOURTH AVENUE FROM "H" STREET TO "L" STREET AND SETTING A PUBLIC HEARING FOR THE FORMATION OF UTILITY UNDERGROUND DISTRICT NUMBER 131 FOR JANUARY 25, 2000 AT 6:00 P.M. WHEREAS, Chapter 15.32 of the Chula Vista Municipal Code establishes a procedure for the creation of underground utility districts and requires as the initial step in such procedure the holding of a public hearing to ascertain whether public necessity, health, safety, or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service in any such district; and WHEREAS, on September 10, 1999, an Underground Utility Advisory Committee (UUAC) meeting was held at the site to determine the proposed boundary of an underground utility district for the conversion of existing overhead utilities along Fourth Avenue from H Street to L Street; and WHEREAS, it has been recommended that such an underground utility district, hereinafter called "District", be formed. NOW, THEREFORE, BE IT RESOLVED by the city Council of the city of Chula vista as follows: 1. NOTICE IS HEREBY GIVEN that a public hearing will be held in the Council Chambers of the city of Chula vista at 276 Fourth Avenue in said city on Tuesday, the 25th day of January, 2000, at the hour of 6:00 p.m., to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, or similar associated service in the District hereinabove described. At such hearing, all persons interested shall be given an opportunity to be heard. Said hearing may be continued from time to time as may be determined by the city Council. 2. The City Clerk shall notify all affected property owners as shown on the last equalized assessment roll and utilities concerned of the time and place of such hearing by mailing a copy of this resolution to such property owners and utilities concerned at least fifteen (15) days prior to the date thereof. 9-9 ..-...---~--.-~---_..~---~-"-....----'.-..- 3. The area proposed to be included in the District is as shown on Exhibit A attached hereto and made a part hereof by reference. Presented by Approved as to form by John P. Lippitt, Director of Public Works H, \home\lorraine\rs\uudph.131 2 C¡-/D - - - --,_.._-,,---_.~._.,,--_.,-~,,--_._~'..,..._._-------_._-_.,._.~---- COUNCIL AGENDA STATEMENT Item /ð Meeting Date: 12/07/99 ITEM TITLE: Resolution Accepting bids and awarding contract for "Sidewalk Replacement at Various Locations in the City of Chula Vista, California (JY-065F)" Project. ryJ SUBMITTED BY: Director of Public Workÿ REVIEWED BY: City Manager (4/Sths Vote: Yes_NoX) On October 27, 1999, the Director of Public Works received sealed bids for the "Sidewalk Replacement at Various Locations in the City ofChula Vista, California (JY-065F)" Project. The work consists of the removal and replacement of displaced curbs, gutters, sidewalks, and driveways. The work includes excavation and grading, PCC sidewalks, driveways, curbs and gutters, asphalt concrete pavement, removal and disposal of existing improvements, traffic control, protection and restoration of existing improvements, other miscellaneous work, and all labor, material, equipment, and transportation necessary for the proj ect. RECOMMENDATION: That Council accept bids and award the contract for the "Sidewalk Replacement at Various Locations in the City ofChula Vista, California (JY-065F)" Project to Jimenez, Inc. dba MJC Construction ofChula Vista, California, for $108,194.00. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The Public Works Operations Street Maintenance budget includes funds for this project. The project was included in the budget to remove and replace curbs, gutters, sidewalks, and driveways displaced on various City streets. This contract covers FYI 999-2000 maintenance budget. Engineering staff prepared plats, specifications, and advertised the project. Staff received and opened bids on October 27, 1999. The City received bids from one contractor as follows: CONTRACTOR BID AMOUNT 1. Jimenez Inc., dba MJC Construction - Chula Vista, California. $108,194.00 The low bid from Jimenez, Inc. is below the Engineer's estimate of $117,300.00 by $9,106.00 or approximately 8%. Engineering staff has verified the references provided by the contractor and their work has been satisfactory. Jimenez, Inc. has also done CIP projects for the City and their work has been satisfactory. Staff has reviewed the low bid and recommends awarding the contract to Jimenez, Inc. of Chula Vista, California. I¿;-! -.- . -_..._-.----- -,- __..____._____m..~_~_~ . ......._-----" ._--_._--_._----~----~-'"---- Page 2, Item Meeting Date: 12/07/99 The Engineer's estimate was prepared conservatively using unit prices from previous similar projects. It is staff's experience that these types of projects draw a high number of bid proposals, with the low bid usually being well below the Engineer's estimate. The heightened increase in construction activity in this region accounts for the absence of the usual intense competition expected for a project of this type, therefore, only one bid was received. The bid received is above the $100,000 that was set aside in the Street Maintenance Division's operating budget, by $8,194. However, the Division expects to have sufficient savings in the supplies and services account, and would like the full bid amount to be awarded. All of the sidewalks in the bid are in need of repair or replacement and the Division recommends going forward with all locations. Attachment A shows the specific work to be done at each location, approximate quantities of sidewalk, curb, gutter, and driveway to be installed. Disclosure Statement Attachment "B" is a copy of the contractor's Disclosure Statement. Environmental Status The Environmental Review Coordinator has reviewed the work involved in this project and has determined that the project is exempt under Section 15301, Class I (c) of the California Environmental Quality Act (Minor Alterations of Existing Public Improvements or Public Structures). Wa~e Statement The source of funding for this project is the General Fund, to be reimbursed by Gas Tax Funds. Contractors bidding this project were not required to pay prevailing wages to persons employed by them for the work under this project. No special minority or women owned business requirements were necessary as part of the bid documents. Disadvantaged businesses were encouraged to bid through the sending of the Notice to Contractors to various trade publications. Financial Statement FUNDS REQUIRED FOR CONSTRUCTION Contract Amount (Jimenez, Inc.) $108,194.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $108,194.00 FUNDS AVAILABLE FOR CONSTRUCTION General Fund (16731-640 I) $108,194.00 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $108,194.00 /0 -cJ. ---_.^_._~...- -. ^,- --_.--~--~-_.~._.__.__....._"_.,--- Page 3, Item Meeting Date: 12/07/99 Staff costs for design and inspection ($10,000) will be reimbursed directly rrom Gas Tax., and not from the funds budgeted in the Street Maintenance Operating budget. The "Other Contractual Services" account in the Street Maintenance Division budget will be in the negative by $8,194, as only $100,000 was budgeted. However, savings of $8,194 will be realized rrom the Construction Materials account. Upon completion of the project, the improvements will require only routine City street maintenance. Attachments: A - Table (location of work) B - Contractor's Disclosure Statement H:IHOMEIENGINEERIAGENDA \JY06SF AI 13.doc 1113/99 10: 17 AM /0-3 ~._...~ -- ._-_.~-_.- .- --_._--~ - ---.--,._- -_._---~_._..._- Sidewalk Replacement at Various Locations APPENDIX "A" Location and description of work List # 1 No Street Street Name 4" S/W C/G ! 6"D/W Mono S/W, C/G SF LF i SF SF One: 1 303 Broadway 98 8 2 765 Church 260 48 : 3 ',auu 132 1 4 141 East Millan 40 ! 5 461 East Naples Street 165 32 : 6 68 East Sierra Way 160 30 7 674 Fig 248 59 9 8 - 252 567 First Avenue on Whitney 9 805 Halecrest 135 10 846 Halecrest 150 11 852 Halecrest 205 16 12 599 Heather Court 195! 13 776 Jefferson 120 31 15 : 14 845 Jefferson i 240 53 1 -- .~------ 15 962 Kittiwake 125 17 16 825 Lori Lane 152 34 - 155 -~--~~--'"- 17 132 Millan 24 -- 18 729 Myra on East James 21 --- 140 19 772 Oaklawn .---. 204 20 1156 Ocelot - 224 26 21 1085 Osage .-- ~- 100 19 22 1143 Osage ~ 23 Parkway Gym parking lot 225 24: 815 Riverlawn 120 18 ~~" 816 Riverlawn 120 30 30 ~6 I '" Riverlawn 120 30! 30 3~ -1=" :~~ Riverlawn 120 29 18 Riverlawn 120 35 15 29 342 Roman Way 188 27 ! 30 630 Sierra Way on RiverJawn i 160 36 1~31 -- 1556 Skylark Way 225 1 ! 32 240 Surrey Drive 104 ~----- . 98î 1801 i 33 i valt:"~la Court ~- ! 34 635 Circle ?? : 180 ¡-'_., 610 i 220 51 : 35 1 i Priority One Total: ! 4698 674 702 2991 /O-Lj Sidewalk Replacement at Various Locations APPENDIX "A" Location and description of work List # 2 Street Name 4" S/W C/G 6" D/W Mono S/W. C/G SF LF SF SF Priority one: 1 773 Church Avenue 2 777 Church Avenue 3 781 Church Avenue 4 Avenue 5 Avenue 6 7 8 10 11 Avenue 12 Avenue 13 Avenue 14 Avenue 15 Avenue 16 Avenue 17 Avenue 18 Avenue 19 Canyon Road 20 Avenue on Davidson 21 22 one Priority Two: 23 Brightwood 24 25 Street 26 27 28 Avenue 29 Avenue 30 31 Priority two Total: 247 Total: 4115 490 366 430 GRAND TOTAL LISTS 1 & 2: 11441 1463 1116 949 /D-5 Sidewalk Replacement at Various Locations APPENDIX "A" Location and description of work List # 1 No Street Street Name 4"SfW C/G 6" Mono SfW, C/G SF LF SF SF Two: 37 38 39 Millan 40 Quintard 41 Capitan 42 Court 43 Way 44 Street 45 Avenue 46 47 48 49 Priority Two Total: 257 Priority Three: 50 1573 Connoley j 70 51 576 Corte Helena 96 52 235 East James 120 , 53 151 East Paisley 112 27 I 54 1~7~ l~rl" 75 55 60 15 56 1357 Myra Court 100 57 812 Oaklawn 160 58 1176 Ocala i 120 59 812 Plaza Flora i 75 60 235 Woodlawn 16 61 i 844 Woodlawn 148 Priority Three Total: , 932 42 0 220 Total: 7326 973 750 519 /0 - {fl - ATTACHMENT "B" TIlE CITY OF CHULA VISTA DISCLOSURE STATEMENT You arc required to tile a Statement of Disclosure of certain ownership or flJtaDCial interests. payments. or campaign contributions, on all maners which will require discretionary action on the pan of the City Council, Planning Commission, and all other official bodies. The following infonnation must be disclosed: 1. List the names of all persons having a financial interest in the property which is the subject of the application or the Contract, e.g., owner. applicant. Contractor. subcontractor. material supplier. , :jOA Iter , ¡,I Ynt".I'IP7 Ii 2. If any person· identified pursuant to (1) above is a corporation or pannership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any pannership interest in the pannership. , I. ~ fiAHÙ ~}ï vneJ"1PL..,.. ,~ ~ 3. If any person· identified pursuant to (1) above is non·protit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. / I / 4. Have you had more than $2S0 wonh of business tr2acted with any member of the City staff. Boards. Commissions, Comminees, and Council within the past twelve month? Yes _ No If yes. please indicate person(s): . S, Please identify each and every person, including any agents. employees, consuitants, or independent Contractors who you have assigned to represent you before the City in this malter. 6. Have you and/or your officer:z- agents, in the aggregate, contributed more than $1,000 to a Council member in the current or preceding election period? Yes _ No If yes, state which Council members(s): · · · (NOTE: Attached additIonal p es III necessary ... Date: !(};;)l- q q Signature of Contractor/Applicant JCLVI~ Ji W1t"J"J ~"Z. Print or type name of Contractor/Applicant . &.LwJ, is defined as: "Any indivitúu2l. firm, co-partM7$hip. joint venture. association. social club, fraternal organil<Jtion, corporation, estate, trust. receiver, syndicate, this and any otMr county. city or country, city municipality, district, or otMr political subdivision, or any other group or combifUllion acting as a unit. 14 10 --1 .- - - RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR "SIDEWALK REPLACEMENT AT VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA, CALIFORNIA (JY-065F)" PROJECT WHEREAS, on October 27, 1999, the Director of Publ ic Works received the following one bid for the "Sidewalk Replacement at Various Locations in the City of Chula vista, California (JY- 065F)" project: Contractor Bid Amount 1. Jimenez, dba MJC Construction - Chula Vista $108,194.00 WHEREAS, the low bid from Jimenez, Inc. is below the Engineer's estimate of $117,300 by $9,106 or 8%; and WHEREAS, staff has reviewed the low bid and recommends awarding the contract to Jimenez, Inc.; and WHEREAS, the Environmental Review Coordinator has reviewed the work involved in this project and has determined that the project is exempt under section 15301, Class 1 (c) of the California Environmental Quality Act (Minor Alterations of Existing Public Improvements or Public Structures); and WHEREAS, contractors bidding this project were not required to pay prevailing wages and no special minority or women owned business requirements were necessary at part of the bid documents, however, disadvantaged businesses were encouraged to bid. NOW, THEREFORE, BE IT RESOLVED the city Council of the City of Chula vista does hereby accept the one bid and award the contract to Jimenez Inc., dba MJC Construction, for "Sidewalk Replacement at Various Locations in the City of Chula Vista, California, (JY-065F))" Project for $108,194.00. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said contract for and on behalf of the City of Chula vista. Presented by Approved as to form by John P. Lippitt, Director of hn M. Kahen~~ Public Works ttorney :1ty~ H:\home\lorraine\rs\\sidewalk.bid 10-::? -....-------. -.-- --- ~_.__._- ... ---'- -~-_.,--~._. - _._~._._..__._~._-_.__." , ( ) , .1 / COUNCIL AGENDA STATEMENT i Item No.: MeetingDate: 1217/99 ITEM TITLE: Public Hearing: Consideration of a Tentative Subdivision Map known as Eastlake Trails South TS-7, Chula Vista Tract 00- 01 for 96-unit condominium project on 8.9 acres located on the south side of Clubhouse Drive, between future Silver Springs Drive and Granite Springs Drive within the EastJake Trails Planned Community- Applicant: Shea Homes Resolution: approving and imposing conditions of the Tentative Subdivision Map known as EastJake Trails South TS-7, Chula Vista Tract -00-01. ?t SUBMITTED BY: Director of Planning and Building /ø~ REVIEWED BY: City Manager The applicant, Shea Homes, has submitted an application requesting approval of a Tentative Subdivision Map known as Eastlake Trails South TS-7, Chula Vista Tract 00- 01 for 8.9 acres located on the south side of Clubhouse Drive, between future Silver Springs Drive and Granite Springs Drive (see Locator) The Environmental Review Coordinator has determined that environmental review for this proj ect was covered under the previous certified FSEIR 97-04, Eastlake Trails/Greens Replanning Program, and therefore no further action is necessary. RECOMMENDATION: That the City Council adopt attached Resolution PCS 00-01 approving Tentative Subdivision Map Chula Vista Tract 00-01, based on the findings and subject to the conditions contained therein. BOARDS/COMMISSIONS RECOMMENDATIONS: A proposal for a 96-unit condominium project (consisting of 32 triplex buildings) was considered by the City's Design Review Committee on October 18, 1999. The project was conditionally approved, contingent upon approval of the subject tentative map (see attachment 2). )) - I _.._..·....'_.m...__·.·_.·,____ _ ___ __..___ _ ._. __...~,_.. --- -_._-_._----,._~-----_.._._-_.._-- Page No.2, Item: Meeting Date: 12/7/99 On November 17, 1999 the Planning Commission considered the proposed project and voted 5-0-2 recommending that the City Council approve the proposed Tentative Subdivision Map. DISCUSSION: 1. Existing Site Characteristics The project' site is located in the Eastlake Trails, at the southwest comer of Clubhouse Drive and future Silver Springs Road. The site is surrounded by Clubhouse Drive on the north, an elementary schooJ (under construction) to the west and future single family detached residential to the south and east. The parcel is irregular in shape and was graded as part of the Trails mass grading program. The site is designated Medium Density Residential (6-11 du/ac) in both the EastLake II General Development Plan and EastLake Trails SPA Plan. The site development potential ranges ITom 80-110 du's, and is targeted for 92 units. 2. SPA Land Use Designations and land use Zonim, SPA Plan Desi"nation Existin" Land Use Site PC. Planned CommunitY RC. Residential Condominium vacant North PC, Planned Community RP. Planned Residential vacant South PC. Planned commwiitv RS. Sine]e Family vacant East PC. Planned Community RS. Sinele Family yacant West PC. Planned Community OS. Ooen Soace Future School 3. Proposed Development The Tentative Subdivision Map consists of an 8.9-acre lot containing a total of 96 housing units to be sold as condominiums with the land and physical improvements to be held in common. Individual homeowners will be given exclusive right to use applicable building air space and fenced yard area_ Parking/Circulation The circulation system shown on the Tentative Subdivision Map consist of private streets with an internal circular loop. A large recreational area will provided in the center of the project with easy vehicular and pedestrian access points. Parking consists primarily of individual garages and additional open parking stalls provided at various points throughout the project ¡/-¿) ------"--~.~_._--.-------_.~._...- Page No.3, Item: Meeting Date: 12/7/99 The following table illustrates the required and proposed parking: -- TABLE: REOUIRED & PROPOSED PARKING Required parkinp ratio ner unit tvne: Parkinp Spaces Required per total units 2 bedroom 1 covered 1 open 2 bedroom (64 units) 64 covered 64 onen 3 bedroom 1 covered 1.5 ooen 3 bedroom ( 32 units) 32 covered 48 oncn Total Required: 96 covered 112 open =208 Parking ratio Provided: Parking Spaces Provided per total units 2 bedroom ] covered 1 open 2 bedroom (64 units) 64 covered 64 open = 128 3 bedroom 2 covered 3 bedroom (32 units) 64 covered 16 open =80 Additional provided 7 open compact size Total provided: 128 covered 87 open -215 As shown on the above table, the parking provided exceeds the requirements in that: 1) they are providing garages when only carports are required; and 2) they are providing 128 covered parking spaces when only 96 covered spaces are required. Common Open Space/Recreational Areas: The applicant has prepared a conceptual landscape plan for the project. The Conceptual Plan includes a detailed description of the proposed open space/recreational area (in the center of the project site) as well as an open space pocket ( with picnic table and benches) at the northeast corner of the project. The City's Landscape Planner has determined that the proposed landscape plans meet the requirements of the City's T ,aT'0SCapC Manual. However, specific details will be worked out in conjunction with the building permit applications. 4. Analysis: At buildout, the project will include 96 units at a density of 11 dulac. This falls within the Medium High Density Residential (6-11 dulac) category of the EastLake II General Development Plan. The EastLake Trails SPA Plan (Site Utilization Plan) identifies the subject site as parcel R-5, with a development potential range of 80-110 dwelling units and targeted for 92 units (see Attachment 5). The proposed 96-unit condominium project exceeds the 92-unit target, but falls within the 80-11 0 dwelling units permitted for this parcel. . However, to insure that the overall SPA number of permitted dwelling units is not exceeded, staff has included a condition requiring that an administrative density transfer of 4 units ITom parcel R-6 to parcel R-5 be made prior to approval of final map in order to accommodate the proposed 96 unit project (see condition 26 of attached draft City Council Resolution). / /-:3 --.--- . ... .._..__ _________..___ _ _ ____._.__n____'·___·___·___··_~·.. Page No.4, Item: Meeting Date: 12/7/99 The project site is a component of the overall Eastlake Trails Neighborhood. A detailed traffic analysis was previously conducted in conjunction with the Eastlake Trails SPA. In accordance with this previous analysis all potential traffic impacts have been addressed through previously adopted mitigation measures. The proposed condominiwn project does not trigger the requirement to implement any specific traffic mitigation measures. The applicant has indicated that there will be a nwnber of construction phases for the project. It is necessary to know the boundaries and timing of construction of each phase in order to insure the adequacy of roads and other project amenities. A condition of approval has been included that indicates prior to final map, the developer must submit a development phasing plan for review and approval by the City Engineer and Director of Planning and Building. Said plan shall indicate required infÌ'astructure and project amenities required at each phase of construction. Conclusion: As mentioned in the body of this report, the proposed project meets the density restrictions for development of the proposed condominiwn project on the subject site. In addition, the project meets or is conditioned to meet all other requirements for development of the project on the site. FISCAL IMACT: All fees associated with the processing of this Tentative Subdivision Map will be paid by the applicant. Attachments: L Planning Commission Minutes and Draft Resolution 2, Design Review Committee Letter of conditional approval 3. Locator 4. Figures S. EastLake Trails SPA Site Utilization Plan 6. Ownership Disclosure Statement //-Lf - - - --.-. . _.__..."M____"~__·____·_~··_ ATTACHMENT 1 RESOLUTION NO. PCS-OO-OI RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE THE TENTATIVE SUBDIVISION MAP FOR EASTLAKE TRAILS SOUTH TS-7, WITHIN THE EASTLAKE TRAILS PLANNED COMMUNITY AND PC ZONE DISTRICT. WHEREAS, a duly verified application for a tentative subdivision map was filed with the Planning and Building Department on August 9, 1999 by Shea Homes ("Developer"); and, WHEREAS, said application requests approval to subdivide 8.9 acres into a single lot containing a total of 96 condominium units ("Project"); and, WHEREAS, the property is located on the south side of Clubhouse Drive, between future Silver Springs Drive and future Granite Springs Drive within the EastLake Trails Planned Community and P-C , Planned Community Zone District; and, WHEREAS, the Environmental Review Coordinator has determined that the project implements and falls under the purview of FSEIR 97-04 and that no further environmental review is necessary; and WHEREAS, the Planning and Building Director set the time and place for a hearing on the tentative subdivision map and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., November 17, 1999 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission has previously considered FSEIR 97-04 and, therefore, no further environmental action by the Commission is necessary. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby recommends that the City Council adopt the attached draft City Council Resolution approving the Tentative Subdivision Map for Chula Vista Tract 00- Olin accordance with the findings and subject to the conditions contained therein. BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. 1/-5 -_.,.-----" - --_.__._.__.,._..~-,_....---_._._----------------"----.- PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 17'h day of November, 1999, by the following vote, to wit: A YES: Willett, Ray, Thomas, Hall, Castanda NOES: ABSENT: 0' Neill, Cortes ABSTENTIONS: Dianav~ ~ John Willett, Chairperson H:\home\planning\jefl\pcrpt\syc.rdg I/-~ , , - Planning Commission Minutes - 2 - November 17, 1999 4. PUBLIC HEARING: PCS-0~1; Tentative Subdivision Map known as Sycamore Ridge Chula Vista Tract 00-01 for 96 unit condominium project on 8.9 acres. Background: Jeff Steichen, Associate Planner, reported that the applicant, Shea Homes, is requesting approval of a Tentative Subdivision Map known as Eastlake Trails South TS7 for 8.9 acres located on the south side of Clubhouse Drive, between future Silver Springs Drive and Granite Springs Drive. The site is surrounded to the west by an elementary school, which is under construction and future single family detached residential to the south and east. The vehicular circulation system consists of private streets with an internal circular loop and a large recreational area will be provided in the center of the project with easy vehicular and pedestrian access points. Each of the units will have single and double car garages and there will be 82 additional open parking stalls for a total of 215 parking spaces for the project. Because the internal private streets contain a right-of-way of only 24 feet, no parking will be allowed on either side of the road due to the requirement for a 20 foot clearance for emergency vehicles. The Tentative Subdivision Map consists of an 8.9 acre lot containing a total of 96 housing units to be sold as condominiums with the land and physical improvements to be held in common. The project falls within the allowable density of 6-11 du/ac as called out for in the Site Utilization Plan, however, it exceeds the number of target units of 92 for this particular parcel (R- 5). Therefore, staff has included a condition requiring that an administrative density transfer of 4 units be moved from parcel R-6 to parcel R-5. The applicant has indicated that there will be a number of construction phases for the project. A condition of approval has been included stating that prior to final map approval, the developer must submit a development phasing plan which shall indicate required infrastructure and project amenities required at each phase of construction. Commission Discussion: PUBLIC HEARING OPENED Brian Green, Shea Homes, 10721 Treena Street, San Diego, addressed the Commission and stated he was available to answer any questions they might have. The Commission raised questions for clarification purposes related to the future elementary school site circulation plan (ingress/egress and pupil drop-off location); and a break-down of number of units that have single and double car garages, and the number of designated visitor parking spaces on the project. PUBLIC HEARING CLOSED MSC (Thomas/Hall) (5-0-2-0) that the Planning Commission adopt resolution PCS-OO-01 recommending that the City Council approve Tentative Subdivision Map Chula Vista Tract 00- 01 known as Sycamore Ridge for 96 unit condominium project on 8.9 acres. Motion carried. //-?-- .··__.._m.·... _.__.".n ~V~ ATTACHMENT 2 ~~ ~=.-~~ ,---=~~ October 25,1999 cnv OF CHUIA VISTA Mr. Ryan Green PLANNING AND BUILDING DEPARTMENT Shea Homes 10721 Treena Street, Suite 200 . SanDiego, CA 92123 Subject: DRC 00-11 Dear Mr. Green: On October 18, 1999 the Design Review Committee considered your proposa! for the construction of a 96 unit multi-family condominium project consisting of 32 triplex buildings on 6.35 net acres located at the southeast comer of Clubhouse Drive and future Silver Springs Drive.The Committee, after hearing staffs presentation and public testimony, approved the project by unaninious vote subject to the following conditions: 1. Approved colors shall be as shown on the colored elevations and color board. The Zoning Administrator may approve minor deviations in colors. However, substantial changes in colors or materials must be approved by the Design Review Committee. 2. Prior to issuance of building permits, the applicant shall contact the Otay Water District regarding· their water needs for domestic and fire protection purposes. Irrigation plans shall be designed for reclaimed water standards and specifications. 3. Comply with all requirements of the Crime Prevention Unit of the Chula Vista Police Department. This includes scheduling a security evaluation by Richard Preuss (691- 5127). Security hardware should be indicated on building plans and security measures shall be in place prior to occupancy. 4. Comply with all requirements of the Chula Vista Fire Department. 5. Comply with all requirements of the Engineering Department including the payment of all applicable sewer capacity and connection, development impact and traffic signal fees prior to issuance of building permits. 6. Prior to submittal for building permits, a water management plan shal1 be submitted to the City's Landscape Planner for review and approval. 7. Applicant shall submit and obtain approval of a detailed exterior lighting plan by the Crime Prevention Unit of the Police Department and the Planning Division prior to issuance of building permits. J/--J 276 FOURTH AVENUE' CHULA VISTA· CALIFORNIA 91910 ~P""-Canau...rRecyclM PtØt< . ~ . .._----~_.- - ---.....--.--.. ".-.- --- --~- ~--- -~ ----~- ------------------ ----.- DRC 00-11 Page 2 8_ All ground-mounted utility appurtenances, such as transformers, AC condensers, etc, shall be located out of public view and adequately screened rrom view with a combination of concrete or masonry walls, earth-berming and/or landscaping to the satisfaction of the Planning and Building Director.. . 9. Approval of this project is contingent upon City Council approval of Tentative Subdivision Map, Chula Vista Tract 00-01. 10. Any deviations ITom the approved site plan must be approved by the Zoning Administrator. 11. Provide architectura1 enhancements to the right side elevations of buildings 5, 12, 21 and 26. Architectural solutions shall be approved by the Zoning Administrator prior to submittal of building permits. 12. Unit 1 balcony width shall be changed from 5_5 feet to a 6 feet minimum. 13. Pedestrian crosswalks shall be provided on both sides of the main entry street. _14. The sides of Buildings 27, 29,30 and 32 shall be enhanced in a similar fashion to the other buildings. 15. The landscape plan shall be corrected. You have the right to appeal this decision to the Planning Commission. A completed appeal fonn, along with a deposit amount of $1,000 must be received by this office within 10 days of the date of this letter. Forms are available from the Planning Department. In the absence of this appeal, the decision of the Design Review Committee is fInal. Failure to use this permit within one year fÌ'om the date of this letter shall cause the permit to become null and void unless a written request for an extension is received and granted prior to the expiration date. If you have any questions in regards to this matter, please call me at 585-5778. //-1 CITY OF CHULA VISTA ©~~,...... - - ~- -~ --~-- -~ ._---"-_.--,,-.- --"--- DRC 00-11 Page 3 cc: City Clerk Jim Sandoval, Assistant Planning Director Luis Hernandez, Senior Planner Linda Bond, Design Review Secretary The McKinley Associates/ 1818 First A venue/ San Diego, CA 92101 /1-/0 CITY OF CHULA VISTA @~RoqdId"'" ~-- --- ------~----- --~._-- . -.....--.-,.---...---.- ATTACHMENT 3 PROJECT - / LOCATION - -' - - ,- - CH U LA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT SHEA HOMES PROJECT DESCRIPTION: C) APPLICANl: TENTATIVE SUBDIVISION MAP PROJECT S(camore RidBa - Southeast comer ADDRESS: 0 Clubhouse rive & future Silver Request: Tentative Subdivision Map for a 96 unn condominium Springs Drive. SCALE: FILE NUMBER: project on 6.35 net acres. NORTH No Scale PCS - 00-01 h:lhomelplannlnglhectorllocatorslpcs0001.cdr 10/25/99 //-// ---._- - -- --.---.--.. --"---~._._"_._-. .__n..-_________._______.__ __ ~._ ATTACHMENT 4 . I Iii ~ J ~!!P ¡ - HI: § ~ ~I" i! ~ _ _ ,.... ~ ¡, I ' , " ¡'". ,=, " . " ~,,~ ~ ~~ ' :Iii! tf] ~~' ,~ ~~ . _ 'i ~ t. . , ~~ ~! ~ ~ ~' <~ _ ~ ~ ~ ~ i~ ~~ S~~ ~g~ I J If¡ I-¡ .! ~ h. ~ ~ ~ ;~~ ~ ~9 ~ VJ ~,. þ"¡ ~ ~-'o'- ~~ ~ CI.. J:.- ~. ~ ~ ~ j¡¡; ~ '" _ ~~ ~ ~ ¡. ~. ,. ~" Q~" d ,he, ,I!I:"I'! !¡ ,:" '1!!¡',"," 11~ ,I,! ,'1 ¡, ~,I' ¡¡¡~'3iL . " ; . -, ! , " >-, - ',<'"" 1 p, ", I :¡ 'i ¡! "~Ii:' '¡ ¡~ '!! i,1 Z ~ IE 'I' i¡:! 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' ,,~, , ., ;;d ." ~'< ß, o ,I w('Î1i ,I :;ö:'io a~ i/i';~ ¡¡;~ 5: ~ I I ~~ Wð ~ ~_ ~\... ~~ !i!.:: I I ~~ din h ~ ~ ~..L.~I------ t 1,- - r ~~ ".,!~ _ ~ , !;~ " .,8 ~ /'".. L - _,' ¡¡,' ,.!Ic/ I (i¡ß ~~I I ~ ~I. . .-- A !¡~i ~~ 1m //-/d ffi",~", ¡¡ '= ";- .. '" ffi t-;-.!3! ~ LL/X § i!i 1-- g:;)~:t:: ~ hShð_: ZLL/~">!' "'0:: " (l)o-~ i:2 ~;3 «I- ~ o 15" ~ >- !;:!"Õ -"'::S >- . ~ ..... (.) w C/) >- L1i . l1IJ1l:iQ&" ~<i i,l ~/&d" . ~~: ¡I .S:;¡~~N'o'¡¡Ð e , J,_. ¡.I!! . if! · "'"'( · · ! i " .' " ;:, . /? . . l"~bV", Þ T3::>!j'1.' ,at -.' 'T'~/ ll- :¡¡ , ¡ /1-/3 ^ ."...__________.__._._.____~u_ _ ---=--......... /'...... -................... ~~~--- --..... .- -~ --......... "', P-1 \ FUTUftE R.-4 \ COMMUNITV \ PARK \ I'U I \ \ \ I I R-6 ,./ I [~I u." '" ¡ ~ M 1·"",._ 1!t~......$.O" IN: :.....,. ... 10;0.'" 1.0 311 , ", .. ..~. .iM.-... ._.. .. ... 1'U _.. .... .. '.""' R-3 OS-1 . ...u......;~_ '" ., t.......·1.Ø NJ: ... ................ II: &. .'ID tU t2 ... ' -~~"""'IC ... ..no .. .. ......., au ." 1.;1 na I"··· .-":. ........ .....'........ 0104 :U_ ..........~..._ !'Q,"12. CPP" _.... ___ 00,._ ._ 00,' þ . MlilíDtØllillilllft 1&.0 ""'"iõ'i ŒJ-'- "'... ~WJ" .. u ,- EastLake Trails t"'\ t"'\ rÇ'~[IJ A P.....ned Cømm'-- .... n.EMtI.ake~--.... I I...J I ..............- ......,. .,. .."..,......., . - . . . - - II-IL/ -- -- -------..---.-- ..- -_..---_..__._-,-,.._----_.~. -,~,.,"..._-"--_..._--- APPENDIX B ATTACHMENT 6 THE CITY OF CHULA VISTA DISCLOSURE STATEMENT You are required to file a Statement of Disclosure of certain ownership or fmancial interests, payments, or campaign contributions, on all matters which will required discretionary action on the part of the City Council, Planning Commission, and all other official bodies. Tbe following information must be disclosed: 1. List the names of all persons having a financial interest in the property which is subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. SHEA HOMES THE EASTlAKE COMPANY. llC 2. If any person" identifies pursuant to (I) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. SHEA HOMES THE EASTLAKE COMPANY, llC 3. If any person" identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving ass director of the non-profit organization or as trustee or beneficiary or trustor of the trust. N/A 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees, and Council within the past twelve months? Yes_ No..1L If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. RYAN GREEN, SHEA HOMES DEBORAH SANTANGELO. MCKINLEY ASSOCIATES INC. MARYBETH MURRAY, HUNSAKER & ASSOCIATES SAN DIEGO INC JOHN PA HERSON GillESPIE DESIGN GROUP lEX WllLlMAN HUNSAKER & ASSOCIATES SAN DIEGO. INC. 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes_ No..L If yes, please indicate councilmember(s): N/A *** (NOTE: Attach additional pages as necessary)*** Date)¿: 'ð l'" \ ~" ,¥~$ Cr. - '- S1gnature RYAN GREEN. SHEA HOMES Print or type name of contractor/applicant . Person is defined as: "Any individual. firm, co-partnership, joint venture, association, social club, fraternal organization. corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city municipality, district, or other political subdivision, or any other group or combination acting as a unit. .. //-/S" P:.....ppI!cll1iona\DOII1\363V.PPENDlXB.doc --------.--- ~._-----_._--_.__._-_.,--_._--,. .__.._----"._-"---_.._--_._._.~._'_._-".~-'_. - .. . __ ___"....__,~. ..__..._.n_'_____ RESOLUTION NO. RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL APPROVING AND IMPOSING CONDITIONS OF THE TENTATIVE SUBDIVISION MAP FOR EASTLAKE TRAILS SOUTH TS-7, CHULA VISTA TRACT-OO-Ol. I. RECITALS A. Project Site WHEREAS, the parcel which is the subject matter of this resolution is diagrammatically represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description herein, consists of 8.9 acres located on the south side of Clubhouse Drive between future Silver Springs Drive and future Granite Springs Drive ("Project site"); and, B. Project; Application for Discretionary Approval WHEREAS, on August 9, 1999, Shea Homes ("Applicant") filed an application with the Planning and Building Department of the City of Chula Vista requesting approval of a tentative subdivision map known as EastLake Trails South TS-7, Chula Vista Tract -00- o I ("Project"); and WHEREAS, the project consists of a single lot containing 96 condominium units, private streets, recreational facilities and common landscaping area; and, C. Prior Discretionary Approvals WHEREAS, the subject property has been the matter of I) a prior General Development Plan resulting in the current land use designations as shown on the Eastlake II General Development Plan, previously approved by City Council Resolution No. 15198; 2) The Eastlake Trails Sectional Planning Area (SPA) Plan, previously approved by Resolution 19275 on November 24, 1998, 3) Eastlake II (Eastlake I expansion) Planned Community District Regulations and Land Use District Map, previously approved by Ordinance No.2765 on December 8, 1998 and 4) EastLake Trails Master Tentative Subdivision Map (TSM 99-03) which was approved by Resolution No. 19447 onMay 4,1999. D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on November 17, 1999 and voted to recommend that the City Council approve the project based upon the findings and subject to the conditions listed below; and, / 1- /0 ._-~- "___...___..._.. .___,._'_"___M...,~_..._,,___~____,__.~_.__..·.._~·. Resolution No. - Page No.2 E. City Council Record of Application WHEREAS, the City Clerk set the time and place for the hearing on the Project application and notice of said hearing, together with its purpose given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing. NOW THEREFORE BE IT RESOLVED that the City Council hereby find, determine and resolve as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence on the Project introduced before the Planning Commission at their public hearing on this Project held on November, 17, 1999 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. III. COMPLIANCE WITH CEQA The City Council hereby determines this project was covered under previous FSEIR 97-04, EastLake Trails/Greens Replanning Program, and therefore no further action is required in accordance with the requirements of the California Environmental Quality Act, the State EIR Guidelines and the Environmental Review Procedures of the City ofChula Vista. IV. TENTATIVE SUBDIVISION MAP FINDINGS: A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Tentative Subdivision Map, as conditioned herein for Sycamore Ridge Condominiums, Chula Vista Tract 00-0 I, is in conformance with the EastLake II General Development Plan, EastLake Trails Sectional Planning Area (SPA) Plan and the various elements of the City's General Plan, based on the following findings: 1. Land Use The EastLake Trails SPA Plan (Site Utilization Plan) identifies the subject site as parcel R-5, with a development potential for 80-100 dwelling units and targeted for 92 dwelling units. The proposed 96 unit condominium project exceeds the 92-unit target, but falls within the 80-110 dwelling units permitted for this parcel. However, to insure that the overall SPA number of permitted dwelling units is not exceeded, staff has included a condition requiring that an administrative density transfer of 4 units from parcel R-6 to P-5 be made prior to approval of the first final map. 1/ - / r .._._~-~_._-_._--- .....-... - ~_._._._-~.._,.._.._.~,...._._,-----_.._~--- -- Resolution No. - Page No.3 2. Circulation All on-site streets required to serve the subdivision will be constructed in accordance with the City design standards and/or requirements for private streets and provide for vehicular and pedestrian connections with adjacent streets. A waiver was granted by the Engineering Department regarding the required tangents along the street in order to accommodate curvilinear street pattern. 3. Housing Resolution No. 1571 adopted by the City Council on August 7, 1990, requires the master developer (Eastlake) to provide ten percent of the total number of units allowed in the EastLake Trails Planned Community for low and moderate income households. In 1998, the City Council approved a comprehensive affordable housing program for the remaining buildable areas In EastLake which includes the EastLake Trails Neighborhood. The program outlines the number of units to be provided and the construction timing and delivery of units. The master developer is required to enter into an agreement with the City to provide the required affordable housing, as specified in the affordable housing program, prior to approval of the first final map in Phase II of the overall Trails Subdivision. 4. Conservation The previous environmental impact report, FSEIR 97-04, EastLake Trails/Greens Replanning Program, addressed the goals and policies of the Conservation Element of the General Plan and found that the development of this site to be consistent with these goals and policies. 5. Parks and Recreation, Open Space Community trails will be constructed along Clubhouse Drive on the north side of the subject site. Said trail will provide connection to future public park. In addition, a pedestrian walk will be provided along Silver Springs Road to provide a connection to future open space/habitat conservation to the southeast. 6. Seismic Safety The proposed subdivision is in conformance with the goals and objectives of the Seismic Element of the General Plan. There are no known active faults underlying the project site. 7. Safety //-IP ...." __ ,__..~__u_________... ..... ~_._ Resolution No._ Page No.4 Tbe Fire Department and other emergency service agencies have reviewed the proposed subdivision for conformance with city safety policies and have determined that the subdivision meets the City Threshold Standards for emergency services. 8. Noise The project is required to meet existing standards for residential development. All dwelling units must be designed to preclude interior noise levels over 45 dBA and exterior noise exposure to 60 dBA in accordance with the City's performance standards and the noise level standards of the Uniform Building Code. 9. Scenic Highway The project is not adjacent to scenic highways. 10. Bicycle Routes No bicycle routes are required with the proposed development. An on-street bike lane is proposed along Clubhouse Drive, just north of the project site. 11. Public Buildings No public buildings are proposed on the project site. B. Pursuant to Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the effect ofthis approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. C. The configuration, orientation and topography of the site partially allows for the optimum sitting of lots for passive or natural heating and cooling opportunities as required by Government Code Section 66473. I. D. The site is physically suitable for residential development and the proposal conforms to all standards established by the City for such projects. E. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. BE IT FURTHER RESOLVED, that the City Council does hereby approve the Project subject to the general and special conditions set forth below. //- /C:/ u. "__.____________u____._... Resolution No._ Page No.5 V. GENERAL CONDITIONS OF APPROVAL The approval of the foregoing Tentative Subdivision Map which is stated to be conditioned on "General Conditions" is hereby conditioned as follows: A. Project Site is Improved with Project Developer, or their successors in interest, shall improve the Project Site with the Project as described in the Tentative Map, Chula Vista Tract No. 00-01, Resolution No. _' and FSEIR 97-04 Mitigation Measures except as modified by this Resolution. B. Implement Mitigation Measures. Developer shall diligently implement, or cause the implementation of all mitigation measures pertaining to the Project identified in the Final Supplemental Environmental Impact Report FSEIR 97-04. C. Implement previously adopted conditions of approval pertinent to project Unless otherwise conditioned, developer shall comply with all conditions of approval of the EastLake Trails Master Tentative Map, Chula Vista Tract 99-03, established by Resolution No.19447 and approved by Council on May 4,1999; and shall remain in compliance with and implement the terms, conditions and provisions of the EastLake Trails Sectional Planning Area (SPA) plan, General Development Plan, Planned Community District Regulations, Water Conservation Plan, Air Quality Improvement Plan, Residential Design Guidelines including landscaping criteria and Public Facilities Financing Plan and as may be amended trom time to time and as are applicable to the property which is the subject matter of this tentative map, prior to approval of the Final Map or shall have entered into an agreement with the City, providing the City with security (including recordation of covenants running with the land) and implementation procedures, as the City may require, assuring that after approval of the Final Map, the developer shall continue to comply with, remain in compliance with, and implement such plans. D. Implement Public Facilities Financing Plan Developer shall install facilities in accordance with thee Eastlake Trails Public Facilities Financing Plan, and as amended or as required by the City Engineer, to meet the Growth Management threshold standards adopted by the City of Chula Vista. The City Engineer and Planning and Building Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such modifications. II-do ----....- --~--_..-."...__.-._-~---------- Resolution No._ Page No.6 E. Design Approval The applicant shall develop the condominium project in accordance with the applicable Eastlake Trails Planned Community District Regulations and Design Guidelines, and as conditionally approved by the City's Design Review Committee on October 18, 1999 as set forth in letter of conditional approval dated October 25, 1999. F. Project Phasing If phasing is proposed within an individual map or through multiple final maps, the Developer shall submit and obtain approval for a development phasing plan by the City Engineer and Director of Planning prior to approval of any final map. The phasing plan shall include: 1. A site plan showing the phase lines and phase numbers and number of dwelling units in each phase. 2. A table showing the phase number and number of units included in each phase. Improvements, facilities and dedications to be provided with each phase or unit of development shall be as determined by the City Engineer and Director of Planning. Tbe City reserves the right to conditionally approve each final map and require improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet the requirements of police and fire departments. The City Engineer and Planning and Building Director may at their discretion, modify the sequence of improvement construction should conditions change to warrant such revision(s). G. Tentative Subdivision Map Conditions Prior to approval of the first final map, unless otherwise indicated, the developer shall: GENERALlPRELIMIINARY 1. The approval of all the Final Maps by the City Council will require compliance with the City's adopted threshold standards to the satisfaction of the Director of Planning and Building Director and the City Engineer. STREETS, RIGHTS-OF - WAY AND PUBLIC IMPROVEMENTS 2. Prior to the approval of any Final Map for any lot or unit, guarantee the construction of all and construct all improvements (streets, sewers, drainage, utilities, etc.) deemed necessary to provide service to such lot or unit in accordance with City standards, which guarantee shall, at the option of the City, be bonded in a form satisfactory to the City. //-;) / .__._-_.__.__._._---_.._-_._._~--_._--------------_._---"- Resolution No. - Page No.7 3. Provide notarized letters of permission for all off-site grading and construction of improvements. 4. Designate all streets within the development to be private. Detailed horizontal and vertical alignment of the center line of said streets shall be reflected on the improvement plans for said developments. Design of said streets shall meet the City standards for private streets or as approved by the City, and shall be designed to the satisfaction of the City Engineer and Fire Marshall. 5. Design all street vertical and horizontal curves and intersection sight distances to conform to the Caltrans Highway Design Manual. All streets which intersect other streets at or near horizontal or vertical curves must meet intersection design sight distance requirements in accordance with City standards. Sight visibility easements shall be granted as necessary to comply with the requirements in the Caltrans Highway Design Manual. Lighted SAG vertical curves will be permitted, with the approval of the City Engineer, at intersections per AASHTO standards. 6. Construct sidewalks, pedestrian ramps on all walkways, and parking areas to meet "Americans with Disabilities Act" standards and as approved by the City Engineer. In the event the Federal Government adopts ADA standards for street rights-of-way which are in conflict with the standards and approvals contained herein, all such approvals conflicting with those standards shall be updated to reflect those standards. Unless otherwise required by federal law, City ADA standards may be considered vested, as determined by Federal regulations, only after construction has commenced. 7. Submit and obtain approval prior to first final map by the Director of Planning and Building and City Engineer for all street names. No two intersections shall have the same street name and street name suffixes shall comply with City standards. GRADING AND DRAINAGE 8. Dedicate only sewers and storm drains within public rights-of-way to be publicly maintained. All sewers and storm drains within the subject property shall be privately maintained. 9. Provide graded access to all storm drain structures, including inlet and outlet structures as required by the City Engineer. Paved access shall be provided to drainage structures located in the rear yard of any lot. 10. Provide a paved access road with a minimum width of 12 feet to all sanitary sewer manholes. The roadway shall be designed for an H-20 wheel load or other loading as approved by the City Engineer. /I-~~ ----- -.-----." .-.--....- .-- ._,----~_.._-_.._._-- --~._-----" - Resolution No._ Page No.8 11. The subject property is within the boundaries of Assessment District Nos. 90-3,94-1, and 91-1. The developer shall be responsible for all costs associated with reapportionment of assessments as a result of subdivision oflands within the project boundary. The developer shall request said reapportionment and shall provide a deposit to cover the initial costs prior to the approval ofthe First Final Map. 12. Submit calculations to demonstrate the adequacy of downstream drainage structures, pipes and inlets as required by the City Engineer. 13. Design the storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, satisfactory to the City Engineer. 14. Designate on the plans as private, to the point of connection with the public system, all storm drain systems that collect water from private property. 15. Designate as private and maintain by Home Owner's Association all storm drain clean outs carrying private property water and determined by the City to be in areas inaccessible for maintenance equipment. Include in the CC&R's conditions and restrictions to assure proper maintenance. 16. Submit to and obtain approval rrom the City Engineer and Director of Planning and Building for an erosion and sedimentation control plan as part of grading plans. 17. Enter into an agreement with the City wherein the City is held harmless from any liability from erosion, siltation or increase in flow of drainage resulting rrom this project. GRADING 18. Submit a list of proposed units, prior to approval of the corresponding Final Map, indicating whether the structure will be located on fill, cut, or a transtion between the twon situations prior to approval of the first final map. 19. Submit "as-built" improvements and grading plans as required by the City Subdivision Manual. Additionally, provide the City said plans in a digital D.X.F. file format. AGREEMENTS 20. Agree to ensure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Restrict access to the conduit to only those rranchised cable television companies who are, and remain in compliance with, all ofthe terms and conditions of the rranchise and which are in further compliance with all other rules, regulations, /J-cJ3 "---~-_._--_._-----.._,_.- Resolution No._ Page No.9 ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may rrom time to time be issued by the City of Chula Vista. 21. Agree to defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers, or employees, to attack, or set aside, void or annul any approval by the city, including approval by its Planning Commission, City Council or any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. 22. Submit, prior to the approval ofthe first Final Map, evidence, acceptable to the City Engineer and the Director of Planning and Building the formation of a Homeowner's Association (HOA), or another financial mechanism acceptable to the City Manager. The HOA shall be responsible for the maintenance of all improvements within the project boundaries other than the individual condominium units contained therein. The City Engineer and the Director of Planning and Building may require that some of those improvements shall be maintained by the other financial mechanism. The HOA formation documents shall be approved by the City Attorney. CC&R's for the Project shall be submitted to the Planning and Building Department for review and approval prior to approval of the first final map, and shall include: a) Maintenance of all facilities located within open space, recreational or other common areas by the Homeowner's Association to include, but not be limited to: walls, fences, lighting structures, paths, trails, access roads, recreational amenities and structures, drainage structures and landscaping. b) Include language in the CC&R's establishing the HOA responsibility to maintain all streets, drainage and sewer systems that are private. Said private streets shall be maintained in perpetuity by the HOA and no request shall be made for future maintenance by the City. c) Include language in the CC&R's establishing the HOA responsibility to maintain all perimiter fencing in accordance with the established guidelines set forth in the Eastlake Trails SPA Plan and as approved by the City's Design Review Committee. d) Name the City ofChula Vista as a party to the CC&R's, with the authority, but not the obligation, to enforce the terms and conditions of the CC&R's. / /-dY- ~--_._- ,-- ...--+-----_.__._~....__.._"._".__.~-",.._---~"--_.._---.---,,--- -----~ Resolution No. - Page No.10 e) Include language in the CC&R's for the project specifying that individual owners may not modify the location, materials, height or otherwise alter the established rear yard fencing. f) Before any revisions to provisions of the CC&R's that may particularly affect the City, said revisions shall be approved by the City. The HOA shall not seek approval rrom the City of said revisions without the prior consent of 100 percent of the holders of first mortgages or property owners within the HOA. g) The HOA shall indemnify and hold the City harmless from any claims, demands, causes of action liability or loss related to or arising rrom the maintenance activities of the HOA. h) The HOA shall not seek to be released by the City rrom the maintenance obligations described herein without the prior consent of the City and 100 percent of the holders of first mortgages or property owners within the HOA. i) The HOA is required to procure and maintain a policy of comprehensive general liability insurance written on a per-occurrence basis in an amount not less than one million dollars combined single limit. The policy shall be acceptable to the City and name the City as additionally insured. j) The CC&R's shall incorporate restrictions relating to architectural control and indicate to what extent, if any, exterior modifications may be made by the individual homeowner. k) The CC&R's shall include provisions assuring HOA membership in an advance notice such as the USA Dig Alert Service in perpetuity. MISCELLANEOUS 23. The boundary of the subdivision shall be tied to the California Coordinate System-Zone VI (1983). 24. Design configuration of the perimeter landscape area, plus the location, height and materials for any retaining or garden walls or combinations thereof, subject to review and approval of the Zoning Administrator and the City Landscape Architect. 25. Install fire hydrants, to be tested and fully operational prior to any combustible materials being placed on site, to the satisfaction of the Fire Marshal. / / -.d 5 ...._~_.~~--~----------_.- . Resolution No. - Page No.11 26. Prior to the approval of the first final map, prepare and submit for City approval, an amendment to the Eastlake Trails Sectional Planning Area Plan to reflect the transfer of 4 units from parcel R-6 to parcel R-5. CODE REOUlREMENTS 27. Comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the Final Map and all plans shall be in accordance with the provisions ofthe Subdivision Map Act and the City ofChula Vista Subdivision Ordinance and Subdivision Manual. 28. Underground all utilities within the subdivision in accordance with Municipal Code requirements. 29. Comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The developer shall be responsible for providing all required testing and documentation to demons tate said compliance as required by the City Engineer. 30. Comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. Compliance with the City ofChula Vista threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlement and market conditions, shall govern EastLake Trails South development patterns and the facility improvement requirements to serve such development. In addition, the sequence in which improvements are constructed shall correspond to any future Eastern Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and Ordinance adopted by the City. The City Engineer may modifY the sequence of improvement construction should conditions change to warrant such a revision. 31. Pay all applicable fees in accordance with the City Code and Council Policy, including, but not limited to, the following: a) The Transportation and Public Facilities DeveJopment Impact Fees. b) Signal Participation Fees. c) All applicable sewer fees, including but not limited to sewer connection fees. d) Interim SR-125 impact fee. e) Telegraph Canyon (Gravity Flow) Sewer Basin DIF. t) Salt Creek Sewer Basin DIF as may be adopted by the City in the future. g) Telegraph Canyon Basin Drainage DIF. h) Salt Creek Basin Drainage DIF. i) Telegraph Canyon Sewer Pumped Flow DIF. //~ ì':ð ' c:.>'." .__' _."--- ___._ .u ___.___m__ _.__.__._._._--_.._----_._----~-- Resolution No. - Page No.12 Pay the amount of said fees in effect at the time of issuance of building permits. 32. Ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments" pursuant to Municipal Code Section 5.46.020 regarding projected taxes and Ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments" assessments. Submit the disclosure form for approval by the City Engineer prior to Final Map approval. 33. Comply with section 19.56.020 of the Chula Vista Municipal Code in terms of required enclosed storage space requirements for each dwelling unit. VI. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Resolution. VII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that nay one or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved as to form by Û-- ~.1~ Robert A. Leiter John M. Kaheny Director of Planning and Building City Attorney H :\shared\planning~eff\syc. tm3 .doc //-.;)"7 ^~~_..- -~-~---~ - .--.-~--..---"~-..-.-.._-.--.- -..--. . - - --_..~+_.---- - - - ...__ __________"._ U"O._.__._._____+__"_____..._._ COUNCIL AGENDA STATEMENT Item~ Meeting Date 12 /7/99 ITEM TITLE: Public Hearing regarding the formation of a reimbursement district for the construction of the Shirley Street sewer Resolution Approving the allocation of costs and authorizing the '",mmioo of, ";m_'m~?ct '0' tire Sh;,I,y S"œt S~, SUBMITTED BY: Director of Public Work~ REVIEWED BY: City Manager (4/Sths Vote: Yes_NoX) Based on residents' requests, the City recently constructed a sewer line in Shirley Street between North Second and Del Mar Avenue. Staff proposes that the City be repaid for the cost of constructing this sewer through a reimbursement district. Council approved Resolution No. 19657 on November 16, 1999 initiating proceedings for the reimbursement district and setting the public hearing. RECOMMENDATION: That Council conduct the public hearing and adopt the above resolution authorizing the formation of a reimbursement district for the Shirley Street sewer BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: In January 1997 the property owner of 285 Shirley Street contacted the City requesting installation and connection to a sewer line, based on a failing septic system. Construction of an 8-inch diameter sewer in Shirley Street between North Second and Del Mar Avenue was included in the Capital Improvement Program (CIP)for Fiscal Year 1998-99. The CIP justification stated that the uprront City funding (rrom the Sewer Facilities Replacement Fund) would be repaid through the establishment of a reimbursement district. Construction was completed in June 1999. Section 15.50 of the Chula Vista Municipal Code states that when the City participates in the cost of constructing public improvements which will benefit properties other than its own, staff may petition the City Council to form a reimbursement district. This was done through Resolution No. 19657, approved by Council on November 16, 1999 (Attachment A). As required by this section, the City has prepared a map describing the benefitted area which identifies all parcels within the area and shows the location of the sewer line. (Attachment B). Project costs are summarized in the following table: ¡;¿-! ---~_.,--_._..._,-~._.- -"-"-"- -- --------- - .~._-~.^-_._-----~--- -----.- Page 2, Item_ Meeting Date 12/7/99 Project Costs for Shirley Street Sewer SW-217 Construction Contract Amount $68,153.00 Adjustments and Change Orders 0 Soils Testing 1,870.35 Printing and Advertising 363.48 Staff Design and Inspection Costs 21,762.43 TOTAL $92,149.26 It was assumed that 14 properties on both sides of Shirley Street would be able to connect to the sewer. The district excludes the properties located at 210 and 270 Shirley Street since they are already connected to the sewer lines in North Second Avenue and C Street, respectively. Property owners will be able to choose whether and when to connect to the sewer, except in the extreme case of a failing septic system which is determined to constitute a health hazard. Two of the 14 properties have already connected to the Shirley Street sewer. The property at 240 Shirley Street connected prior to determination of total sewer costs and only paid $3015 for just the sewer lateral. The property at 260 Shirley Street connected to the sewer on November 10 after most ofthe costs were known and therefore paid $6300 towards the cost of the sewer main and lateral. Section 13.16.170B of the Municipal Code permits the City Engineer to allow a property owner to connect to a sewer to be subject to a special assessment prior to the passage of a resolution establishing such charges if the owner guarantees to pay the amount in the resolution and provides a deposit equal to the estimated cost. Since all properties on Shirley Street are single family residences and they would all receive equal benefit rrom construction of the sewer line, the most equitable distribution of costs of the line is to divide the costs equally among all residences. This would result in a charge of $6582.09 per property, which includes the sewer lateral cost. However, since the property owner at 240 Shirley· Street was not informed about the reimbursement district prior to connection to the sewer line, the City cannot collect the additional $3567.09 since all new connections to this sewer would have to pay $6582 plus connection fees. Staff realizes that this creates an equity issue in the neighborhood. As partial consideration, staff recommends that the City cover the soft costs of$21,762.43 for staff design and $363.48 for printing and advertising. This would lower the cost per lot rrom $6,582.09 to $5,001.67. Each property owner would also be required to pay the customary sewer capacity charge of $2,220 and administrative charges of $70, for a total cost of $7291.67. This recommendation was also discussed in Resolution No. 19657, which initiated the proceedings for formation of the reimbursement district. The reimbursement shall be subject to an annual seven percent interest charge as provided in Section 15.50.090. Six percent shall be payable to the sewer fund for the advancement of funds and one percent shall be payable to the City general fund to cover administrative costs in the handling and collection of such funds. The reimbursement is to be collected when the benefitted parcels subdivide, apply for building permits or connect to the sewer. The interest shall be calculated on a ícJ -d.., ---.-..-,-'" _ ________~_M_._____,· Page 3, Item_ Meeting Date 12/7/99 quarterly basis and shall include the total number of full quarters rrom the date of commencement up to but not including the quarter in which payment of such charges are paid. The date of commencement of interest shall be the date the District is established (December 7,1999). As required by Section 15.50 of the Municipal Code, a notice of public hearing has been published in the Star News and notices of the public hearing have been mailed to the property owners at least ten days in advance of the public hearing. A list of property owners, addresses and charge per parcel is shown on Attachment C. After passage of this resolution, it will be recorded with the County Recorder. The reimbursement will then be collected when properties within the District apply for sewer connection permits. FISCAL IMP ACT: Fiscal impact will be minimal since the costs of designing and constructing the Shirley Street sewer have already been incurred and previously approved in the Capital Improvement Program. Since the property owner at 260 Shirley Street overpaid, a refund of$1298.33 will be provided to her rrom the Sewer Facilities Replacement Fund (Fund 226). Additionally, since the residents will only be responsible for repaying a principal amount of $68,036.71, the remaining $24,112.55 will not be repaid to Fund 226. The cost of administering the district will be covered by a 1 % annual interest charge. This would amount to $600.20 per year for the 12 properties not yet connected to the sewer. Attachments A. Resolution 19657 B. Location of Shirley Street Sewer C. Shirley Street Sewer Main Installation Costs File No. 0735-10-SW217 0790-40-SROO9 H:\HOrvŒ\ENGINEER\AGENDA \SHIRLEY3.EMC December 1, 1999 (4:26pm) /~ -3 - ----......-.--... ---------- , -~.._--,,- ._--.__.,_.._-------~--- ----- /l 7T.#e#/1¿:-AJr 11- RESOLUTION NO. /f~5? RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA INITIATING PROCEEDINGS FOR THE FORMATION OF A REIMBURSEMENT DISTRICT FOR THE SHIRLEY STREET SEWER MAIN AND CALLING A PUBLIC HEARING FOR DECEMBER 7, 1999 TO ESTABLISH THE DISTRICT WHEREAS, in January 1997, the property owner of 285 Shirley Street contacted the City requesting installation and connection to a sewer line, based on a failing septic system; and WHEREAS, construction of an 8-inch diameter sewer in Shirley Street between North Second and Del Mar Avenue was included in the Capital Improvement Program for FY 1998-99; and WHEREAS, the project was to be financed by sewer funds, w.ith the intention that the City's front funding be repaid through the establishment of a reimbursement district; and WHEREAS, Chu1a vista Municipal Code Chapter 15.50 states that when the City participates in the cost of constructing public improvements which will benefit properties other than its own, the City Council may be petitioned to form a reimbursement district. WHEREAS, Municipal Code section 15.50.080 directs the City Clerk to set a Public Hearing before the city Council to determine if a Reimbursement District shall be formed and cause notice to be published once in a local newspaper at least ten days prior to such hearing. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby initiate proceedings for the formation of a Reimbursement District for the Shirley Street sewer line between North Second and Del Mar Avenue. BE IT FURTHER RESOLVED that the city Manager is hereby directed to initiate Reimbursement District proceedings and set December 7, 1999 at 6:00 p.m. as the date and time for the required public hearing. BE IT FURTHER RESOLVED that the city Clerk shall cause notice of the public hearing to be published once in a local newspaper at least ten days prior to such hearing. Presented by Approved as to form by " John P. 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N« N~ ~ W :5>a:!c~zzo. 0«0- t-o. t-~(!) t-Z W ~,,(J)~o«oI~«ffi~«-'o(!) «D:: «~~ (J)« z ~~ ~z ~(J) Zz >-w >-~z oz rn ~~g::¡;~F,(J)w~Z>:5W t-> t-m~ t)(!) z zw~~~~~æ~~~f(!)~ a::0 a::D::::¡; -'ø ~ ô~~j~~~mffi5ffi~~ô ~ffi ~~~ ¡:!:~ ~ ,,0~u..t)::¡;It-a:!,«~t) ~~ ~t-w ~u.. 0 ~NM..."'<o~wmO~NM'" 0.0 o.ou..~ W~ ; =Ii: ,....,....,..........,.... _ _ r- II- " ,.... ~ 1-00;;' 1c:J-~ -------_.~----~_._---~- _.~ ._.___~ .._.__,__._,_.._..___._.' - _....____. __ ___.'_'m" RESOLUTION NO_ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ALLOCATION OF COSTS AND AUTHORIZING THE FORMATION OF A REIMBURSE- MENT DISTRICT FOR THE SHIRLEY STREET SEWER WHEREAS, based on residents' requests, the City recently constructed a sewer line in Shirley Street between North Second and Del Mar Avenue; and WHEREAS, Chapter 15.50 of the Chula vista Municipal Code states that when the City participates in the cost of constructing public improvements which will benefit properties other than its own¡ staff may petition the City Council to form a reimbursement district; and WHEREAS, staff proposes that the city be repaid for the cost of constructing this sewer through a reimbursement district; and WHEREAS, Council approved Resolution NO. 19657 on November 16, 1999 initiating proceedings for the reimbursement district and set December 7, 1999 at 6:00 p.m. as the date and time for the required public hearing; and WHEREAS, the City Council conducted the public hearing at the advertised date and time. NOW, THEREFORE, BE IT RESOLVED the city Council of the city of Chula vista does hereby approve the allocation of costs and authorizing the formation of a reimbursement district for the Shirley Street sewer as set forth in Exhibit 2, Shirley Street Sewer Main Installation Costs, for those properties shown on Exhibit 1, Diagram of Location of Shirley Street Sewer. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula vista is hereby directed to record this resolution in the office of the San Diego County Recorder. Presented by Approved as to form by John P. Lippit t , Director of ~d-~ /bØ J-- Jo M. Kahe ,City At~orney Public Works H:\home\attorney\reso\reimburse.fom Ic .: - -1-- .0- , __+_.._"______._.. _ _~__w AGENDA STATEMENT Item )~A Meeting Date 12/7J99 ITEM TITLE: Resolution directing city staff to research and prepare a recommendation for Council consideration regarding enactment of the Mills Act in Chula Vista SUBMITTED BY: Mary Salas, Deputy Mayor ~ REVIEWED BY: N/A (4/Sths Vote: Yes_No X) The Mills Act, Statutes of 1977, provides incentives to encourage the preservation, maintenance and restoration of designated historic properties. Adoption of this resolution will direct staff to research and prepare a recommendation for Council consideration regarding enactment of the Mills Act in Chula Vista. RECOMMENDATION: That the City Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION: N/A DISCUSSION: Background In 1977, State Senator James R. Mills carried legislation which was designed to provide incentives to encourage the preservation of historic properties. The legislation, subsequently named "The Mills Act", reduces property tax assessments on qualifying properties. The intent of the legislation was to provide individual cities with a means of encouraging the owners of historic properties to restore or maintain the sites. By reducing the property tax assessment, and thereby the amount of taxes paid each year, the property owner may have the means to better restore or maintain the property. As of this writing, the cities of San Diego, Escondido and La Mesa have adopted ordinances which allow property owners in those cities to apply for reduced assessments. The City of Coronado is in the process of preparing and adopting an ordinance as well. / ~A - ! Page 2, Item_ December 7, 1999 Among the three cities which have an ordinance in place, approximately 150 properties have applied for, and received, the property tax benefit. The preservation group "Save Our Heritage Organization" (SOHO) has approached Chula Vista with the request that we, too, adopt an ordinance which would offer property owners in Chula Vista the benefits of the Mills Act. Prior to such an action, the Council would need such information as: · The number of homes likely to qualify for historic significance designation · The amount of annual property tax losses · The amount of staff time needed to administer the program each year · What type of criteria are applied in determining whether or not a site is historically significant · The extent to which Redevelopment Project areas be impacted · The degree of success experienced by San Diego, La Mesa and Escondido in encouraging historic preservation as a result of Mills Act contracts The purpose of this agenda item, therefore, is to request Council support to direct staff to carry out such an investigation and report back to the City Council with a recommendation. FISCAL IMPACT: There is no fiscal impact associated with the adoption of this resolution. Following staff investigation of the benefits and/or drawbacks of this program, the City Council will then determine whether or not to pursue adoption of an ordinance which would activate the Mills Act in Chula Vista. Attachments: 1. Letter from property owners who support Mills Act implementation in Chula Vista c:\...1999\agendastatementsIMiIlsAct lib,4 -~ -----., _.__~.m________·_~'M'_·_____··___·····___··_ November 21,1999 Deputy Mayor Mary Salas City of Chula Vista 476 F Street Chula Vista, CA 91910 Dear Deputy Mayor Salas: As historic homeowners in the City of Chula Vista, we respectfully request that the members of the City Council adopt a city ordinance under the terms of the Mills Act. The Mills Act is designed to foster and encourage the preservation, maintenance, restoration and rehabilitation of historically designated properties. This Act will provide a host of benefits to the City of Chula Vista and its citizens: · Historic homes represent a unique and irreplaceable part of Chula Vista's heritage, and it is essential that they be protected and preserved. By offering property tax relief to the owners of these historic properties, the Mills Act will encourage residents to properly maintain their distinctive homes for the enjoyment of future generations. · Historic sites are a key element of California's tourism industry, representing about 52 percent of tourism statewide. If properly promoted, the historic homes of Chula Vista have the potential to draw tourists to the city, thus enhancing the City's image and providing significant benefits to businesses in the area. · Well-maintained historic properties can have a "halo effect" on the surrounding neighborhoods, encouraging improvement of nearby homes and thus increasing property values throughout the area. · Historic homes have the potential to attract new residents into the area, particularly as prospective buyers become aware of the tax benefits available to them as historic homeowners in the City of Chula Vista. · And finally, the restoration and preservation of historic homes, most of which are located within a few blocks of downtown, can be an integral part of the City's efforts to revive and enhance the Third Avenue business district. It is clear to us that the Mills Act can provide a multitude of benefits to the City, its residents and its businesses, and we urge the CouJ}cilto proceed with adoption of this ordinance. ¡,.! -,-'. lie "- ---. ,. , L --- - /hA -3 __.___.._·o·. -~-_.. - ~~_.- We, the undersigned owners of historic Chula Vista homes, respectfully urge the members of the Chula Vista City Council to encourage the ownership and preservation of historic homes through approval of the Mills Act in the City of Chula ista. . /04 - tj-' -.- ,._-~...- ..~.._..,'-"--"- ~- --"----.--.-....-. -.-.....-- ~._-- - -- ._._~~-,...__..,--,.,_.,_....-.-._._~.__....,._..,,_..._._------ --~--------_._._-~~,---_._-_...- RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DIRECTING CITY STAFF TO RESEARCH AND PREPARE A RECOMMENDATION FOR COUNCIL CONSIDERATION REGARDING ENACTMENT OF THE MILLS ACT IN CHULA VISTA WHEREAS, the Mills Act, Statutes of 1977, provides incentives to encourage the preservation, maintenance and restoration of designated historic properties; and WHEREAS, the cities of San Diego, Escondido and La Mesa have adopted ordinances which allow property owners in those cities to apply for reduced assessments; and WHEREAS, the preservation group "Save our Heritage Organization" (SOHO) has approached Chula vista to adopt an ordinance which would offer property owners in Chula vista the benefits of the Mills Act; and WHEREAS, prior to such an action, council would need additional information such as the number of qualified homes, the amount of annual property tax losses, staff time involved to administer the program, impact of the Redevelopment Project Areas, and the degree of success experienced by the other cities; and WHEREAS, staff requests Council support to direct staff to investigate and report back to the Council with a recommendation to support such an ordinance. NOW, THEREFORE, BE IT RESOLVED the city Council of the city of Chula vista does hereby direct city staff to research and prepare a recommendation for Council consideration regarding enactment of the Mills Act in Chula vista. Presented by Approved as to form by ~~k~ Mary Salas, Deputy Mayor John M. Kaheny, ci y Attorney H:\home\attorney\reso\mills.act /6/ì~5 _ _ _.__. __'.__.'. ______.__.",n __~_"_____,__ n___~_~_'"_"