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Home My WebLink AboutAgenda Packet 2004/11/02 CITY COUNCIL AGENDA November 2, 2004 4:00 p.m. Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista ~~~ ~ '-- --- ----- --- - -- - ~ ~ --~ CllY OF CHUlA VISTA City Council Patty Davis John McCann Jerry R. Rindone Mary Salas Stephen C. Padilla, Mayor City Manager David D. Rowlands, Jr. City Attorney Ann Moore City Clerk Susan Bigelow ********** The City Council meets regularly on the first calendar Tuesday at 4:00 p.m. and on the second, third and fourth calendar Tuesdays at 6:00 p.m. Regular meetings may be viewed at 7:00 p.m. on Wednesdays on Cox Cable Channel 24 or Chula Vista Cable Channel 68. Agendas are available on the City's website at: www.chulavistaca.gov ********** November 2, 2004 I declare under penalty of perjury that I am employed by the City of Chula Vista in the Office of the City Clerk and that I posted this document on the bulletin board according to :Jrown Act requir,ments. AGENDAvi I~/o/Signed~ 4:00 P.M. CALL TO ORDER ROLL CALL: Councilmembers Davis, McCann, Rindone, Salas, and Mayor Padilla PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY · OATH OF OFFICE: DINA CHAVEZ, HOUSING ADVISORY COMMISSION · INTRODUCTION BY MICHAEL MEACHAM, DIRECTOR OF CONSERVATION AND ENVIRONMENTAL SERVICES, OF THE EMPLOYEE OF THE MONTH, MANUEL MEDRANO, RECYCLING SPECIALIST I · PRESENTATION BY LYNN FRANCE, CONSERVATION COORDINATOR, OF THE BUSINESS RECYCLING AWARDS TO E STREET LIQUOR AND JOHNNIE CARINO'S · PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO CLAUDIA HEDRICK, DISPATCHER; JUDY RHODES, SENIOR FISCAL OFFICE SPECIALIST; CHRIS DAVENPORT, TRANSCRIPTIONIST; AND KATHY KOEPPEL, SECRETARY, ON BEHALF OF ALL CIVILIAN SUPPORT PERSONNEL, PROCLAIMING NOVEMBER 3, 2004 AS LAW ENFORCEMENT RECORDS AND SUPPORT PERSONNEL DAY CONSENT CALENDAR (Items 1 through 6) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action Items. 1. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING SECTIONS 10.52.480, 10.56.040 AND 10.56.290 OF THE MUNICIPAL CODE (PARKING LOTS, METER ZONES AND PERMIT PARKING) (SECOND READING) Adoption of the ordinance updates the Chula Vista Municipal Code to add five parking lots to the list of locations designated as off-street parking facilities owned or operated by the City; to amend section 10.56.040 regarding the location of parking meter zones and the duration of parking in these zones; and to add three City parking lots to the list of locations designated as permit parking areas. This ordinance was introduced October 26, 2004. (Director of General Services, City Engineer) Staff recommendation: Council adopt the ordinance. Page 1 - Council Agenda November 2,2004 2 A. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A 45-MPH SPEED LIMIT ON LA MEDIA ROAD FROM TELEGRAPH CANYON ROAD TO OLYMPIC P ARKW A Y (SECOND READING) B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A 40-MPH SPEED LIMIT ON HERITAGE ROAD FROM TELEGRAPH CANYON ROAD TO OLYMPIC P ARKW A Y (SECOND READING) C. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A 35-MPH SPEED LIMIT ON PASEO LADERA FROM TELEGRAPH CANYON ROAD TO EAST PALOMAR STREET (SECOND READING) Adoption of the ordinances establishes speed limits based on provisions of the California Vehicle Code and pursuant to authority under the Chula Vista Municipal Code. These ordinances were introduced on October 26, 2004. (Director of General Services, City Engineer) Staff recommendation: Council adopt the ordinances. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE YOUTH SOCCER AND RECREATION DEVELOPMENT PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002, FOR SPORTS FIELDS IN OTAY PARK Through a State youth soccer and recreation development program, the State has allocated funds for the promotion of increased recreation opportunities in California. Adoption of the resolution approves the City's application to this program for a $720,000 grant to support the building of new softball and improved soccer facilities at Otay Park in southwest Chula Vista. (Director of Recreation, Director of General Services) Staff recommendation: Council adopt the resolution. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE STATE URBAN PARKS AND HEALTHY COMMUNITIES PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002, FOR UNIVERSALLY ACCESSffiLE PLAYGROUND EQUIPMENT AT MONTEV ALLE COMMUNITY PARK Through a State urban parks and healthy communities program, the State has allocated funds for the development of active recreational opportunities in California. Adoption of the resolution will approve the City's application to this program for a $200,180 grant to support the creation of a unique playground project at Montevalle Community Park. (Director of Recreation, Director of General Services) Staff recommendation: Council adopt the resolution. Page 2 - Council Agenda November 2,2004 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE DIRECTOR OF FINANCE TO CLOSE THE IMPROVEMENT FUNDS OF ASSESSMENT DISTRICTS 87-1 AND 88-2, AND TRANSFER THE REMAINING BALANCES TO THE RESPECTIVE REDEMPTION FUNDS TO CALL AND REDEEM BONDS Construction improvements for bonded Assessment Districts 87-1 and 88-2 have been completed, and a total of $224,000 in surplus funds remain. Staff recommends that the districts' improvement funds be closed and the remaining balances be transferred to the respective redemption funds to call and redeem bonds. (Director of General Services, City Engineer, Director of Finance) Staff recommendation: Council adopt the resolution. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONTRACT WITH MERZ CONSTRUCTION, INC. FOR CONSTRUCTION SERVICES OF THE "MARKETPLACE", A COMPONENT OF THE CIVIC CENTER LffiRARY BRANCH RENOVATION PROJECT (CIP LB136), AND APPROVING CHANGE ORDERS 1 THRU 4 AS NECESSARY TO COMPLETE THE PROJECT, AUTHORIZING THE DIRECTOR OF GENERAL SERVICES TO EXECUTE SAID CHANGE ORDERS ON BEHALF OF THE CITY Adoption of the resolution approves change orders necessary to complete Marketplace component of the Civic Center Library Branch Renovation project (CIP LB136). The additional work includes painting of existing doors and bookcases in three areas, additional electrical work and carpet at the circulation desk, upgraded plates and Americans with Disabilities signage in the restrooms within the "Marketplace" area. (Director of General Services) Staff recommendation: Council adopt the resolution. ORAL COMMUNICATIONS Persons speaking during Oral Communications may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. PUBLIC HEARINGS The following items have been advertised as public hearings as required by law. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 7. CONSIDERATION OF APPROVAL OF THE ASSESSMENT OF CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS LIENS UPON THE RESPECTIVE PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION Page 3 - Council Agenda November 2, 2004 In order to adequately protect the City's interest in delinquent solid waste service charges and ensure that collection efforts are directed towards the responsible property owner in the event of a change of ownership, staff is recommending approval of recording liens against affected properties as a preliminary action to placing the delinquencies on the property tax rolls if they remain unpaid. This is the same process that has been used to enhance the collection process since 2001. (Director of Finance ) Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 8. CITY MANAGER'S REPORTS 9. MAYOR'S REPORTS 10. COUNCIL COMMENTS ADJOURNMENT to the Regular Meeting of November 9,2004, at 6:00 p.m. in the Council Chambers. Page 4 - Council Agenda November 2, 2004 Rì\O~ ORDINANCE NO_ f"\ þ..\)0 . þ..~v ORDINANCE OF THE CITY OF CHULA VIm~NDING SECTIONS 10.52.480, 10.5.6.040 ~\i~.56.290 OF TIIE MUNICIPAL CODE RELATING TO ¥À1Œ1NG LOTS, METER ZONES AND PERMIT PARKING V/HEREAS, the California Vehicle Code allows the City to regulate parkiIIg in City- owned or operated off-street parkiIIg facilities, set time limits in parking meter zones, and restrict parking to those vehicles displaying special p=its; and WHEREAS, changes to various ParkiIIg Sch.edules are necessary to keep the Municipal Code current. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain: SECTION I: That Section 10.52.480 of the Chula Vista Municipal Code is ami:D.ded to read as follows: 10.52.480 Municipal parking lots - Designated - Manner of parking required - Scl1edule XV. Pursuant to Vehicle Code Section 22519, the following areas are designated as off-stre~t parkiIIg lots owned or operated by the city. It is unlawful for any vemcle to park in a municipal parkiIIg lot except in accordance with the angle to the curb indicated by signs or pavemi:D.t markings allotting space to parked vehicles and entirely within the limits of said allotted space, with the ÍÌ'Ont wheel nearest the curb and within six inches of said cwb or other stop, and in accordmce with the time limits indicated on signs erected Í1l the area by the city engineer puxsuant to regulation adopted under CYMC 10.04.030. The city eng:iJ:¡eer shall maintain within a register a Schedule XV listing the restrictions a.pplicable to these 10catioDS. Designated Parking Lot Location No.1 No.2 No.3 No.4 No.5 No.6 No.7 No.8 No.9 No. 10 No.l1 Northwest corner of Church and Madrona 200 block of Landis Northeast comer of Landis and Davidson Northwest {¡orner of Church and Davidson Southwest comer of Church and Davidson Near Southeast comer of Third and Madrona Near Southeast corner of Landis and E Street 281-287 Church Avenue (Church and Del Mar) 230-232 Church Avenue No=an Park: Senior Center between F Street and Center Southwest Comer of Church Ave. and Center St. Downtown Parking Structure South side of Third Avenue and F Street 1-1 Q Revise Parking Lots, Meters, Zones Pa.ge 2 of4 T ex! underlined is added Textfr,j¡in.1l is deleted Emploý:\e"\~æg lot North side of F Street, west of intersection with· Fourth Avenue '"',1'1. ( ffir . . "j Qt;:;1 ";'.' w~st 0 e statl~n and .that area. east and north of the fire statJon ~';,~sunated a pemnt-requued parking area.) t.JJ: 1'7/·,- . ...,,: i'" . '..,,,,i]¿ Chula Vista Community South of Chula Vista Community Park and west ofEastlake Park Parkine: Lot Parkway Employee parking lot West of Maxwell Road at the John Lipuitt Public Works Center Ken Lee Building Darkin\< lot West of Fourth Avenue and south ofF Street (east of the Ken Lee building) Police Department !)arkine: structure East of F ourth Avenue and south of F Street (east of the new Police Department) SECTION II: That Section 10.56.040 of the Chula Vista Municipal Code is amended to read as follows: 10.56.040 Meter zones - Designated - Fees - Schedule XI. In accordance with CVMC 10.56.030, parking meter zones are hereby established upon those public parking lots and streets or portions of streets descn'bed herein in which parking ofyehicles shall be regulated by parking meters between the hours specified in CVMC 10.56.150 and upon the signs erected thereon, and for the duration specified below and upon the signs erected thereon, of any day except Sundays or public holidays defined in CYMC 10.08.110, as follows: Schedule XI Name of Street Beginning At Ending At Side Dura"ticin Center Street Third Avenue De] Mar Avenue N/S I hour or ~ 10 holII'S CefJ:tSl'S\:reet 'I1:i:frà Þ..v8':ElJ¿Je Del Har !.·:em¡e Semh ~ Church Avenue F Street E Street F.JW 2 holII'S or 91Q hours Del Mar Avenue F Street Centa Street East 9 1Q.ho1.lrs B Street <:harsh ..A,,'":eR1:le Dei ~.~ ..\;":13E.1:l6 W& 2 k6l::U"S E Street Garrett Avenue 100 ft. EIE curbline of N/S 2 hours Landis 8treet-A venue F Street C1:æreh ..:'.. ~.~efl~e Del Mil, !.yem,¡e Mmh 2 aeHl'S F Street Garrett Avenue Del Mar Avenue North 30 IDÍnutes or 1 hour or 1-2 2 holII'S Rovi.e Parking Lots, Mctors, Zeno. Text underlined j¡¡ added Pago 2 of4 T cxt nèliBeà is deletod Name of Street Beginning At Ending At Side Duration G Street <W 100 ft. WfW 100 ft. EJE curb line of 8e\é 3 Q JBim¡,tes 1 hour or 2 curbline of Third Church Avenue NJS hours Avenue G ~treet 125 ft. ~l!,'V? e~blÌfl: 159 ft. BÆ: õi;!!'Bl:Ìfle ef Nerè 1 àsl:fE' 8f 2 M1:Jf3 efTh.frà }.....,~1:le 1lHrà ."V{effœ Garrett Avenue ~125 ft. S/S 150 ft. NiN curbline NÆ 2 hours curbline ofE Street of E Street East Landis A venl,le F Street N C1;fsline e f 300 ft. !lertl! efNiN ¡¡,¡:w: 2 hours or ~ 10 hours E Sl:reet cmbline ofE Street East Landis Avenue F Street 170 ft. NiN curbline West 30 mIDutes or 2 hours ofE Street or 10 hours Madrona Street Third Avenue ¡¡ 125 ft. ~FJE N/S 1 hour ¡¡1;f'allile efThiïå curb]ine of Third .1I..·.'1!E:I.::1.e Avenue Park Way .¡.QQ 125 ft. WfW Third Avenue N/S 1 hour curbline of Third Avenue Third Avenue Alvarado Street E Street East 2 hours Third Avenue Roosevelt Street E Street West 2 hours Third Avenue Center Street Madrona Avenue East 30 minutes or 2 hours Public Park:iJ¡g Lot: Duration: No.1 Northwest Corner of Church and Madrona 9- 10 hours No.2 200 Block of Landis (north ofF Street) 4 hours and/or 9- 1Q hours No.3 Northeast Corner of Landis and Davidson 4 hourn and/or 9 1Q hours No.4 Northwest Comer of Church and Davidson 4 hours and/or 9 10 hours No.5 Southwest Corner of Church and Davidson 4 hours and/or 9- 10 hours No.6 Near Southeast Corner of Third and Madxcma g. 10 hours No.7 Near Southeast Corner of Landis and E 1 Iiams æd/ or 9 1Q hours NO.8 281-287 Church Avenue (between Church and Del Mar) 4 li01E'S and/or 9 10 h01IrS No.9 230-232 Church Avenue 4 hoUIS and/or 91Q hours No. 10 Southwest Corner of Church and Center 4 hourn and/or 91Q hours No. 11 Norman Park Senior Center between F Street and Center 2 hours The city engineer shall maintain within a register a Schedule XI listing the restrictions applicable to these locations where parking meter zones have been established. 1-3 Revise Pa.r.kmg Lots, Meters, Zones Page 2 of4 T ex! underlined is added Ten r~Elliaeà is del.t.d SECTION ill. That Section 10.56.290 of the Chula Vista Municipal Code is amended to read as foll-ows: 10.56.290 Permit parking - Areas designated - Schedulè XII. Pursuant to Vehicle Code Sections 22508 and 22519 and in accordance with CVMC 10.56.270 and 10.56.280, the following areasl10ts pua!:ie perlEiÐ.g lets I Ie 1 Q (perkiHg meter zeaes) æ;.à the øæ.pleyøe par.ki:.ag let 6E. the Barth side sf F Street, 7.'BSt sf tlie iITter:sestisa 7ri~ Peurlk ..^~~:eB:J:1e (.".e6t af the ÍH'8 Sta.1;iSB anti that B<ea eGÐt IIftd Ram sf the me statien), are also designated as permit parking areas wherein vehicles displaying appropriate parking permits or tags shall be allowed to park in spaces so marked for up to Bffie ten hours (all day). SCHEDULE xn Parking Zone Location Public parking: lots 1 to 10 (parking meter zones) See CYMC Section 10.56.040 for locations Employee parking lot North side ofF Street. west of Fourth Avenue (west of the fire station and that area east and north of the fire station) . Employee parking lot West of Maxwell Road at the J OM LiUPitt Public Worb Center Ken Lee Building Parking lot West of Fourth Avenue and south ofF Street (east of the Ken Lee building). Police Decartment parking structure East of Fourth Avenue and south ofF Street (east of the new Police Decartment) SECTION N. Pursuant to California Vehicle Code Section 22508, the City Engineer is hereby directed to submit this Ordinance to the Department of Transportation for written approval. SECTION V. This Ordinance shall take effect and be in full force on the thirtieth day .6:om and after its adoption. Presented by Approved as to form by L::b- {.~ -- Jack Griffin General Services Director Ann Moore City Attorney Shared'.A 11t:J71IeyIOrdinant:a1Revise CYMe Parfcillg Iou. metm, pomi!r.dr4 ~i\O~ ORDINANCE NO. þ..~~ þ..~0 Qçþ..~\~() ORDINANCE OF THE CITY ~ 'OF THE CITY OF CHULA VISTA ESTABLISHING ~45-::MPH SPEED LIMIT ON LA MEDIA ROAD FROM TELEGRAPH CANYON ROAD TO OLYMPIC PARKWAY VlHEREAS, based on the provisions of the California Vehicle Code and pursuant to authority under the Chula Vista Municipal Code, the City Engineer has determined that the speed limit on La. Media Road tram Telegraph Canyon road to Olympic Parkway be established at 45 mph; and VVHEREAS, this recommendation and other information in the City Engineer's report has been fully considered by the City Council; and WHEREAS, the Safety Commìssion of the City of Chula Vista, at its meeting of September 16, 2004, voted to concur with staff's reco=endation to establish this speed limit on La Media Road. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as follows: SECTION I: A 45 mph speed limit on La Media Road from Telegraph Canyon road to Olympic Parkway is hereby established. SECTION II: Schedule X of a Register of Schedules maintained by the City Engineer as provided in Section 10.48.020 of the Chula Vista Municipal Code, "Established Speed Limits in Certain Zones - Designated," is hereby amended to include the following information: Chula Vista Municipal Code Section 10.48.020 - SCHEDULE X ESTABLISHED SPEED LIMITS IN CERTAIN ZONES Name of Street Beginning At Ending At Speed Limit La Media Road Telegraph Canyon Road Olympic Parkway 45 MPH SECTION ill: This ordinance sh.all take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as to form by be-- f. H- - Jack Griffin Director of General Services AIm Moore City Attorney J:AttorneyIOrrJinana\úJ Mttiia Rtf :!petti limil :(-,4 ORDINANCE NO. <;)O?\\O~ ~\) ~ ORDINANCE OF THE CITY COUNCIL J){\)~ÞObfY OF CHULA VISTA ESTABUSHlNG A~~ìfSPEED LIMIT ON HERITAGE ROAD FROM TELE~H CANYON ROAD TO OL YMPIC PARKWAY 'NHEREAS, based on the provisions of the California Vehicle Code and pursuant to authority under the Chula Vista Municipal Code, the City Engineer, has determined that the speed limit on Heritage Road from Telegraph Canyon Road to Olympic Parkway be established at 40 mph; and WHEREAS, this reco=endation and other infoImanon in the City Engineer's report has been fully considered by the City Council; and V/HEREAS, the Safety Commission of the City of Chula Vista, at its meeting of September 16, 2004, voted to concur with staff's reco=endation to establish this speed limit on Heritage Road. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as follows: SECTION I: A 40 mph speed limit on Heritage Road from Telegraph Canyon Road to Olympic Parkway is hereby established. SECTION II: Schedule X of a Register of Schedules maintained by the City Engineer as provided in Section 10.48.020 of the Chula Vista MuTIicipal Code, "Established Speed Limits in Certain Zones - Designated," is hereby amended to include the following information: Chu1a Vista Municipal Code Section 10.48.020 - SCHEDULE X ESTABLISHED SPEED LIMITS IN CERTAIN ZONES Name of Street Beginning At Ending At Speed Limit Heritage Road Telegraph Canyon Road Olympic Parkway 40 MPH SECTION ill: This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as to form by .::ùo- '? £11 Jack Griffin Director of General Services Ann Moore City Attorney J:AtlDTn«yIOrdÙlancI!IJIeri¡Gge lùJ speed limit .:{-. ó ,,\o~ ORDINANCE NO. "'\\) þ..\)0? \~ß~" ORDINANCE OF THE CITY COUN.~ØfPTIiE CITY OF CHULA VISTA ESTABLISHIN~~H SPEED LIMIT ON PASEA LADERA FROM TELE~H CANYON ROAD TO EASTPALO~STREET WHEREAS, based on thc provisions of the California Vchiclc Code and pursuant to authority under the Chula Vista Municipal Code, the City Engineer, has determined that the speed limit on Pasea 100era ttom Telegraph C3Ilyon Road to East Palomar Street be established at 35 mph; and WHEREAS, staffhas complcted an Enginecring and Traffic Survey for this roadway that will be in effect until August 2011; and WHEREAS, the Safety Commission of the City of Chula Vista, at its meeting of September 16, 2004, voted to concur with staff's reco=endation to establish this speed limit on Pasea Ladera. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as follows: SECTION I: A 40 mph spced limit on Pasea Ladera from Telegraph Canyon Road to East Palomar Street is hereby established. SECTION IT: Schedule X of a Register of Schedules maintained by the City Engineer as provided in Section 10.48.020 of the Chula Vista Municipal Code, ''Established Speed Limits in Certain Zones - Designated," is hereby amended to include the following information: Chula Vista Municipal Code Section 10.48.020 - SCHEDULE X ESTABLISHED SPEED LIMITS IN CERTAIN ZONES Name of Street Beginning At Ending At Speed Limit Pasea Ladera Telegraph Canyon Road East Palomar Street 35 MPH SECTION ill: This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as to form by 5::>0- ì - H- - Jack Griffin Director of General Services Ann Moore City Attorney J:AIrQm~\Ordillt:lfv:elpaset1 Ladera speed limit ~..C- COUNCIL AGENDA STATEMENT Item a Meeting Date: 11/02/04 ITEM TITLE: RESOLUTION APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE YOUTH SOCCER AND RECREATION DEVELOPMENT PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002, TO PROVIDE NEW SOFTBALL FACILITIES AND RENOVATE EXISTING SOCCER FACILITIES AT OTAY PARK. ~ SUBMITTED BY: Director of Recreation ~~ Director of Ge~eral Se .~~ j &' REVIEWED BY: City Managejt11f'" In March 2002, California voters passed Proposition 40 to enact the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002. Through this the Youth Soccer and Recreation Development Program was created. The State has allocated $46.7 million in local assistance funds for the development of new youth soccer, baseball, softball, and basketball recreation opportunities in the state. The Recreation and General Services Departments recommend that the City apply to this program for $720,000 in grant funding in order to build new softball and improved soccer facilities at Otay Park in southwest Chula Vista. STAFF RECOMMENDATION: That Council adopt the resolution. BOARDS/COMMISSIONS: N/A DISCUSSION: The Youth Soccer and Recreation Development Program is a competitive grant program created to promote team sports among California's youth. The primary goai of the grant is to foster a large increase in the number of youth playing soccer, baseball, softball and/or basketball, particularly in underserved urban communities with low household incomes, high rates of youth crime, and a high unemployment rate. Program priority will be given to communities that can demonstrate a high demand for sports facilities, with limited resources for providing those facilities. After careful consideration, the Recreation and General Services Departments believe that the sports field at Otay Park is the best candidate for this program. Otay Park is an existing 4.2- acre neighborhood park located in the southwest section of the City. According to the Chula Vista Elementary School District, 71.5% of the student population of the two closest elementary schools served by the park, participate in the federal free lunch program; thereby reflecting a relatively high rate of poverty. In addition, the 2000 Census indicates that the unemployment rate in the area is 8.9% and the rate of juvenile arrests is the second highest in the City. The existing playing field at Otay Park is centrally located to serve the community and is currently used exclusively for soccer. However, the field is in less than optimal condition with drainage, erosion and irrigation issues, Americans with Disabilities Act accessibility limitations, and is in close proximity to a children's playground. In addition, there is no spectator or player seating, security lighting, or drinking fountains. The facility is in need of significant upgrades and other improvements in order to maximize team and ieague play, and is an eligible project under the grant provisions. 3-1 Item ,] , Page 2 Meeting Date: 11/02/04 There is a highly expressed community demand for more opportunities for youth to play team sports in southwestern Chula Vista. The approved Park Master Plan for Otay Park responded to those demands by including plans for an upgraded muiti-purpose field as part of the overall park renovation. The master planning process was a collaborative effort that included a series of meetings with residents, City administrative staff, representatives from the Chula Vista Elementary School District and Otay Elementary School, and the Metropolitan Area Advisory Committee. The current facility does not allow multiple uses to meet demands, particularly the demand for girls' softball which has grown to be the City's largest are of need in the past two years. The Youth Sports Council receives repeated requests for softball fields that the City has been unable to provide. Currently, existing teams play on church property or wherever space is temporarily available. There is immediate need for a 4-6 team girls/women's league with room for league expansion and additional casual neighborhood use as Western Chula Vista grows. When rehabilitated, the field will provide expanded uses for both softball and soccer. Amenities will include a softball diamond, a turf soccer field overlay, spectator and player seating, new irrigation, and security lighting. The soccer field will continue to program at least eight teams of American Youth Soccer Organization (AYSO) soccer. The planned enhancement to Otay Park will create the only public facility of its kind in the southwestern area of the City. Construction is scheduled to begin in Spring of 2005 with an anticipated opening date of June 2006. The probable costs for the project, totaling approximately $960,000, are detailed in Attachment 1, and include expenses for administration, design, relocation, and construction. To fund the project, the City is planning to apply for a $720,000 State grant, which is the subject of this report. The City is also dedicating $240,000 in capital funds earmarked for Western Chula Vista infrastructure improvements as a 25% match. Although grant requirements do not call for a specific percentage of matching funds, priority will be given to applications that include a clear commitment for a match. If the grant is awarded by the State, staff will bring forward to Council a resolution appropriating the award amount to fully fund this project as part of the City's Capital Improvement Program. A contract with the State (see sample contract, Attachment 2) must then be in place by June 30, 2007, with the project completed by June 30, 2012. Should the grant not be awarded, the City is nevertheless committed to the project and will explore other potential funding sources and/or value engineer the project to be within the City's budgetary constraints. FISCAL IMPACT: There is no impact to the general fund. The total project cost to renovate and update the soccer/softball facility at Otay Park has been estimated at $960,000. The City intends to apply for a $720,000 State grant, with a matching contribution of $240,000 from Western Chula Vista Development Capital Fund. The annual maintenance cost for the new field is expected to increase slightly over the cost to maintain the existing facility. Attachments 1. Project Cost Estimate 2. Sample Grant Contract (from Procedural Guide) 3-2 Otay Park Field Renovation Summary Estimate of Probable Cost (Revised 10/8/04) PROJECT DEVELOPMENT COSTS I I Project Development: Design, Coordination, FeeslBonds & Inspection I $177,055.09 CAPITAL IMPROVEMENT COSTS II Site Preparation $228,450.00 III Hard landscape associated with renovated field $142,610.00 IV Irrigation $187,500.00 V Planting $83,875.00 VI 1 Year Contractor Establishment/Maintenance $38,546.10 Contingency 15% Subtotal: $680981.10 ~._----~ $102147.17 Total CAPITAL tMPROVEMENT COSTS: $783,128.27 --.. ___n___ GRAND TOTAL- FIELD RENOVATION PROJECT: $960 183.35 Otay Park Field Renovation-Program Elements Estimate of Probable Cost Item Unit of No. Description Quantity Measure U nit Cost Total Cost I PROJECT DEVELOPMENT: Design, Coordination, FeeslBonds & InsDection Services 1 Design Services: Landscape Architect (lead), Civil 1 LS $68,098.11 $68,098.11 Engineer, Mechanical Engineer, Lighting Designer I Electrical Enaineer, (10% of Construction Estimate) 2 Staff Services: Project Management, Plan Check, 1 LS $40,858.87 $40,858.87 Caordination, (6% of Construction Estimate) 3 Permit Fees (2% of Construction Estimate) 1 LS $13,619.62 $13,619.62 4 Mobilization (3% of Construction Estimate) 1 LS $20,429.43 $20,429.43 5 Bonds (1 % of Construction Estimate) 1 LS $6,809.81 $6,809.81 6 Construction Inspection (3.5% Of Construction Estimate) 1 LS $27,239.24 $27 239.24 Total PROJ. DEVELOPMENT SERVICES: $177055.09 II SITE PREPARATION 1 Clearing & Grubbing 1 LS $38,150.00 $38,150.00 2 Play Area Removal 1 LS $15,000.00 $15,000.00 3 Concrete Flatwork Removal 2400 SF $2.00 $4,800.00 -- $4,500.00 4 Drainage Structure Removal: Open Concrete Swale from 1 LS $4,500.00 Headwall to Catch Basin 5 Construction Survevina 1 LS $6,000.00 $6,000.00 6 Earthwork 1 LS $40,000.00 $40,000.00 7 Irriaation Water Meter 2 EA $10,000.00 $20,000.00 8 Subsurface Drainage: ConversionlRemoval of Open 1 LS $100,000.00 $100,000.00 System to Subsurface System. Drainage Allowance for Entire Park Site Drainage System. Subtotal SITE PREPARA TlON: $228450.00 09-29_04Revised~k¿OStEst State Grant Page 1 III Hard landscane associated with renovated field ._,--_.~ 1 Pedestrian Ramos 2 EA $800.00 $1,600.00 2 Concrete Pavina- Standard 3,750 SF $6.00 $22,500.00 3 Site SecurTtvLTcJhtina: 15' Poles 5 EA $3,200.00 $16,000.00 4 Ball field associted construction - includiriQ: 1 LS $88,560.00 $88,560.00 AJJ chain link fencing 12' and 6' Backstop Bleachers Players benches Bat stand Plates 5 ConcreteDãds foraoal storaoe (30' x 10' each) 600 SF $6.00 $3,600.00 6 Trash Recentacle 2 EA $700.00 $1,400.00 7 Drinkina Fauntain 1 EA $5,500.00 $5,500.00 8 Desinnated"uick cou;;¡er for in field 1 EA J2,500.00 .0 $2,500.00 9 Bicvcle Rack 1 EA $950.00 $950.00 Subtotal LANDSCAPE CONSTRUCTION: $142610.00 IV Irriaation ... 1 -... I,!rf Area Irngation 130,000 SF $1.25 _~162,50002 2 Sloae Shrub Areas Irrlaation 20,000 SF $1.25 $25 000.00 Subtotal IRRIGA TION: $187500.00 V Plantin;1 1 Soil Preoaration and Fine Gradina 150,000 SF $0.25 $37,500.00 2 36" Box Tree - reDIacement for felled trees 5 EA $850.00 $4,250.00 3 24" Box Tree - renlacement for felled trees 5 EA $325.00 $1,625.00 4 Slooe erosion control alantin a - shrubs and ground cover 1 LS $20,000.00 $20.000.00 5 SlaDe erosion controfDjantina - 15 aaL Trees 25 EA $100.00 $2,500.00 6 Slone erosion control nlantina -3" thick mulch 20,000 SF $0.25 $5,000.00 7 Turf: Hvdroseed Bermuda Hvbrid 130,000 SF $0.10 $13000.00 Subtotal PLANTING $83 875.00 CONSTRUCTION SUBTOTAL $642 435.00 VI CONTRACTOR MAINTENANCE I I I 1 1 Year Maintenance (6% of Construction Estimate) I 1 I LS I $38,546.10 $38 546.10 Total MAINTENANCE: $38546.10 CONSTRUCTION ESTIMATE I $680,981.10 ATTACHMENT 1 ~-¡¡. 09-29_04RevisedP1"kCostEst State Grant Page 2 ATTACHMENT 2 State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION By GRANT CONTRACT 2002 Resources Bond Act Youth Soccer and Recreation Development Program GRANTEE PROJECT TITLE PROJECT NUMBER PROJECT PERFORMANCE PERIOD is from through Under the terms and conditions of this Contract, the Grantee agrees to complete the Projec as described' description, and the State of California, acting through its Director of Parks and Recrea . ursuant to the Parks and Healthy Communities Program to fund the Project up to the total State Gr t indicated. PROJECT DESCRIPTION: Total State grant amount not to exceed $ cial Provisions attached are made a ted into the Contract. Grantee (Typed or Printed Name of Authorized Repr (Signature of Authorized Representative Title Date , 1--- , UNENC ! ING (FOR STATE USE ONLY) CT NUMBER I FUND I APPROPRIATIO~___~ $1 ITEM CALSTARS VENDOR ' iNUMB~ i i LINE ITEM ALLOTMENT I CHAPTER I STATUTE i - FISCAL--------' l i! ¡YEAR ! , i i I' , I ! i ! ------¡-rNi5EX--- ---------PCA -----'-·-------¡--6ï3C----------1 I i J EXPEND ~ sonal knowledge that budgeted funds are available for this encumbrance. I l___ II hereby certify [ SIGNATURE OF , , '-----.---- lD~TE ·--------·---1 ! ·___________m_··_"__·_,_~ 3-5 Grant Contract Special Provisions General Provisions A. DefInitions I. The term "Act" as used herein means the Appropriation for the Program. 2. The term "Application" as used herein means the individual Application and its required attachments for grants pursuant to the enabling legislation and/or Program. 3. The term "Acquisition" means to obtain fee title or a lesser interest in real property, specifIcally, conservation easement or conservation rights. Leases or rentals do not constitute Acquisition. 4. The term "Department" means the California Department of Parks and Recreation. 5. The term "Development" includes, but is not limited to) improvement, rehabilitation, restoration, enbancerneot, protection, and interpretation using Bond Act funds. 6. The term "Grantee" as used herein means the party descnòed as the Grantee on page I oftbis Contract. The term "Project" as used herein means the Project described on page I of this Contract. 7. The term "State" as used herein means the State ofCahfonùa Department of Parks and Recreation. B. Project Execution I. Subject to the availability of grant monies in the Act, the State hereby grants to the Grantee a sum of money (grant monies) not to exceed the amount stated on page I, in consideration of, and on condition that, the sum be expended in carrying out the purposes as set forth in the Description of Proj ect on page I, and under the terms and conditions set forth in this Contract. The Grantee shall assume any obligation to furnish any additional funds that may be necessary to complete the Project. Any modification or alteration in the Project as set forth in the Application on file with the State must be submitted to the State for approval. 2. The Grantee shall complete the Project in accordance with the time of Project Performance set forth on page I, and under the tenns and conditions of this Contract. 3. The Grantee shall comply as lead agency with the Califonùa Environmental Quality Act (Public Resources Code, Section 21000, et. seq., Title 14, Califonùa Code ofRe2tÙations, Section 15000 et. seq.) 4. The Grantee shall comply with all applicable CUlTeot laws and regulations affecting Development Projects, including, but not limited to, legal requirements for construction Contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities. 5. The Grantee shall pennit periodic site visits, including a final inspection upon Project completion by the State, to determine ifDevelopmeot work is in accordance with the approved Project Scope. 6. Prior to the commencement of any work, the Grantee agrees to submit any signifIcant deviation from the original Proj ect Scope in writing to the State for prior approval. Changes in the Project Scope must be approved in writing by the State and must meet the exact need described in the original Project Application. 3-6 7. If the Project includes Acquisition of real property, the Grantee agrees to comply with all applicable state and local laws or ordinances affecting relocation and real property Acquisition. 8. The Grantee shall provide for public access to Project facilities in accordance with the intent and provisions of the enabling legislation and! or Program 9. Grantees shall have (I) fee title, (2) lease hold or (3) other interest to the Project lands and demonstrate to the satisfaction of the State that the proposed Project will provide public benefits that are commensurate with the type and duration of the interest in land, as determined by the State, that is held by the Grantee. 10. The Grantee shall maintain and operate the property funded for a period that is commensurate with the type of Project and the proportion of State funds allocated to the capital costs of the Project. With the approval of the State, the Grantee, or the Grantee's successor in interest in the property, may transfer the responsibility to maintain and operate the property in accordance with this section. The Grantee shall use the property only for the purposes for which the grant was made and shall make no other use or sale or other disposition of the property, except as authorized by specific Act of the Legislature. The agreements specified in this section shall not prevent the transfer of the property from the Grantee to a public agency, ifthe successor public agency assumes the obligations imposed by those agreements. If the use of the property is changed to a use that is not permitted by the category from which the grant funds were appropriated, or if the property is sold or otherwise disposed of, an amount equal to (I) the amount of the grant, (2) the fair market value of the real property, or (3) the proceeds from the sale or other disposition, whichever is greater, shall be used by the Grantee for a purpose authorized by that category, pursuant to agreement with the State as specified in this section, or shall be reimbursed to the fund and be available for Appropriation by the Legislature only for a purpose authorized by that category. If the property sold or otherwise disposed of is less than the entire interest in the property funded with the grant, an amount equal to either the proceeds from the sale or other disposition of the interest or the fair market value of the interest sold or otherwise disposed of, whichever is greater, shall be used by the Grantee for a purpose authorized by the category from which the funds were appropriated, pursuant to agreement with the State as specified in this section, or shall be reimbursed to the fund and be available for Appropriation by the Legislature only for a use authorized by that category. 11. Lands or interests in land acquired with grant funds shall be acquired ITom a willing seller. C. Project Costs The Grant monies to be provided to the Grantee under this Contract may be disbursed as follows: 1. If the Project includes Acquisition of real property, the State may disburse to the Grantee the grant monies as follows, but not to exceed, in any event, the total State Grant Amount set forth on page I of this Contract: a. Up to a 10% advance of the total State Grant Amount b. After the property is in escrow, the Grantee may request up to 80% of the total State Grant Amount as specified in the approved Application, or 100% of the actual Acquisition cost, whichever is less. The Grantee shall immediately place these funds in escrow. c. The remaining State grant funds shall be paid up to the amount of the grant or the actual Project cost, whichever is less, on completion of the Project and receipt of a detailed summary of Project costs ITom the Grantee. 3-7 2. If the Prãject includes Developmen~ the State may disburse to the Grantee the grant monies as follows, but not to exceed in any event the total State Grant Amount set forth of page I of this Contract: a. Up to a 10% advance of the total State Grant Amount. b. On proof of award of a consttuction Contract or commencement of consttuction by force account, up to 80% of the total State GrantAmoun~ not to exceed 80% of the total dollar amount of any or all awarded consttuction contracts. c. The remaining State grant funds shall be paid up to the amount of the grant or the actual Project cos~ whichever is less, on completion of the Project and receipt ofa detailed summary of Project costs from the Grantee. D. Project Administration I. The Grantee sball promptly submit written Project reports as the State may request. In any event, the Grantee shall provide the State a report showing total final Project expeoditures. 2. The Grantee sball make property and facilities developed pursuant to this Contract available for inspection upon request by the State. 3. The Grantee sball use any monies advanced by the State under the terms of this Contract solely for the Project herein described. 4. If grant monies are advanced, the Grantee sball place these monies in a separate interest bearing accoun~ setting up and ideotifying such account prior to the advance. Interest earned on grant monies shall be used on the Projec~ as approved by the State. If grant monies are advanced and not expended, the unused portion of the grant sball be returned to the State within 60 days of completion of the Project or end of the Project Performance Period, whichever is earlier. 5. The Grantee shall use income eamed by the Grantee from use of the Project to further Project purposes, or, if approved by the State, for related purposes within the Grantee's jurisdiction. E. Pr~ectTerrnIDation 1. Any Grant funds that have not been expended by the Grantee sball revert to the fund and be available for Appropriation by the Legislature for one or more of the local assistance programs that the Legislature determines to be the highest priority statewide. 2. The Grantee may unilaterally rescind this Contract at any time prior to the commencement of the Project. After Project commencement this Contract may be rescinded, modified or amended oruy by mutual agreement in writing between the Grantee and the State. 3. Failure by the Grantee to comply with the terms of this Contract or any other Contract under the Act maybe cause for suspension of all obligations of the State hereunder. However, such failure sball not be cause for the suspension of all obligations of the State hereunder if in the judgment of the State such failure was due to no fault of the Grantee. In such case, any amount required to settle at minimum cost any irrevocable obligations properly incurred sball be eligible for reimbursement under this Contract. 3-8 4. Because the benefit to be derived by the State, from the full compliance by the Grantee with the tenns of this Contract, is the Preservation, protection and net increase in the quantity and quality of parks, public recreation facilities and/or historical resources available to the people of the State of California aod because such benefit exceeds to an immeasurable and unascertainable extent, the amount of money furnished by the State by way of graot monies under the provisions of this Contract, the Grantee agrees that payment by the Grantee to the State of ao amount equal to the amount of the grant monies disbursed under this Contract by the State would be inadequate compensation to the State for any breach by the Grantee of this Contract. The Grantee further agrees therefore, that the appropriate remedy in the event of a breach by the Graotee of this Contract shall be the specific performance of this Contract, unless otherwise agreed to by the State. 5. The Grantee and the State agree that if the Project includes Development, final payment may not be made until the Project confonns substantially to this Contract. F. Hold Hannless I. The Grantee shall waive all claims aod recourse against the State including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this Contract except claims arising from the concurrent or sole negligence of the State, its officers, agents, aod employees. 2. The Grantee shall indemnify, hold barmless and defend the State, its officers, agents aod employees against any aod all claims, demands, damages, costs, expenses or liability costs arising out of the Acquisition, Development, construction, operation or maintenaoce of the property descnoed as the Project which claims, demands or causes of action arise under Government Code Section 895.2 or otherwise except for liability arising out of the concurreot or sole negligence of the State, its officers, agents, or employees. 3. The Graotee agrees that in the event the State is named as codefendant under the provisions of Government Code Section 895 et. seq., the Grantee shall notify the State of such fact and shall represent the State in the legal action unless the State undertakes to represent itself as codefendant in such legal action in which event the State shall bear its own litigation costs, expenses, and attorney's fees. 4. The Graotee aod the State agree that in the event of judgment entered against the State aod the Graotee because of the concurrent negligence of the State aod the Graotee, their officers, agents, or employees, ao apportionment of liability to pay suchjudgmeot shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment. 5. The Grantee shall indemnify, hold hannless aod defend the State, its officers, agents aod employees against aoy aod all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to whicb the Grantee has certified. The Graotee acknowledges that it is solely responsible for compliaoce with items to which it has certified. G. Finaocial Records I. The Grantee shall maintain satisfactory financial accounts, documents and records for the Project aod to make them available to the State for auditing at reasonable times. The Graotee also agrees to retain such financial accounts, documents aod records for three years following Project tennination or fina1 payment. The Graotee and the State agree that during regular office hours each of the parties hereto aod their duly authorized representatives shall have the right to inspect aod make copies of aoy books, records or reports of the other party pertaining to this Contract or matters related thereto. 3-9 The Grantee shall maintain and make available for inspection by the State accurate records of all of its costs, disbursements and receipts with respect to its activities under this Contract. 2. The Grantee shall use a geoerally accepted accounting system. H. Use of Facilities 1. The Grantee agrees that the Grantee shall use the property developed with grant monies under this Contract only for the purposes for which the State grant monies were requested and no other use of the area shall be permitted except by specific Act of the Legislature. 2. The Grantee shall maintain and operate the property developed for a period commensurate with the type of Project and the proportion of State grant funds and local funds allocated to the capital costs of the Project, as determined by the State. 1. Nondiscrimination 1. The Grantee shall not discriminate against any person on the basis of sex, race, color, national origin, age, religion, ancestry, sexuai orientation, or disability in the use of any property or facility developed pursuant to this Contract. 2. The Grantee shall not discriminaté against any person on the basis of residence except to the extent those reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law. 3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this Project Contract or under provisions of the enabling legislation and/or Program. J. Application Incorporation The Application and any subsequent change or addition approved by the State is hereby incorporated in this Contract as though set forth in full in this Contract. K. Severability If any provision of this Contract or the Application thereof is held invalid, that invalidity shall not affect other provisions or Applications of the Contract which can be given effect without the invalid provision or Application, and to this end the provisions of this Contract are severable. 3-10 RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE YOUTH SOCCER AND RECREATION DEVELOPMENT PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002 FOR SPORTS FIELDS IN OT A Y PARK WHEREAS, in March 2002, California voters passed Proposition 40 to enact the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of2002; and WHEREAS, the Youth Soccer and Recreation Development Program is a competitive grant program created to promote team sports among California's youth; and WHEREAS, through the resulting Youth Soccer and Recreation Development Pro gram, the State has allocated local assistance funds for the development of new youth soccer, baseball, softball, and basketball recreation opportunities in the State; and WHEREAS, program priority will be given to communities that can demonstrate a high demand for sports facilities, with limited resources for providing those facilities; and WHEREAS, staff recommends that the sports field at Otay Park is the best candidate for this program; and WHEREAS, Otay Park is an existing 4.2-acre neighborhood park located in the southwest section of the City; and WHEREAS, the existing playing field at Otay Park is centrally located to serve the community and is currently used exclusively for soccer; and WHEREAS, the facility is in need of significant upgrades and other improvements in order to maximize team and league play, and is an eligible project under the grant provisions; and WHEREAS, when rehabilitated, the field will provide expanded uses for both softball and soccer with additional amenities to include a turf soccer field, spectator and player seating, new irrigation, and security lighting; and WHEREAS, the planned enhancementto Otay Park will create the only public facility of its kind in the southwestem area of the City. 3-11 NOW, THEREFORE, BE IT RESOLVED the City Council of the CityofChula Vista does hereby approve the application for grant funds for the Youth Soccer and Recreation Development Program under the Clean Water, Clear Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 for sports fields in Otay Park. Presented by Approved as to form by 11(t1ð. ~f". Ann Moore City Attorney Buck Martin Director of Recreation J:\Attomey\reso\grants\Youth Soccer Grant-Otay Park 3-12 COUNCIL AGENDA STATEMENT Item~ Meeting Date: 11/02/04 ITEM TITLE: RESOLUTION APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE STATE URBAN PARKS AND HEALTHY COMMUNITIES PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002, FOR UNIVERSALLY ACCESSIBLE PLAYGROUND EQUiP ... TAT MONTEVALLE COMMUNITY PARK. Director of Recreatio ~ ~^ J1ð Director of General S . e~V REVIEWED BY: City Manager jf;;v In March 2002, California voters passed Proposition 40 to enact the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002. Through the resulting State Urban Parks and Healthy Communities Program, the State has allocated over $14.0 million in local assistance funds for the development of active recreational opportunities in Southern California. The Recreation and General Services Departments recommend that the City apply to this program for $200,180 In grant funding to support the creation of a unique playground project at Montevalle Community Park. SUBMITTED BY: STAFF RECOMMENDATION: That Council adopt the resolution. BOARDS/COMMISSIONS: The Parks and Recreation Commission approved the submittal of this grant application at its October 21,2004 meeting. DISCUSSION: The California Urban Parks and Healthy Communities Program was created to promote active recreation among California's children. The primary goal of the grant is to "get kids moving" by supporting the construction of recreational facilities for sports and play, including permanent play structures. The City currently has a number of planned parks under construction or in design; among them, Montevalle Community Park in Rolling Hills Ranch. Montevalle Park will provide an array of recreational amenities to promote physical exertion and play, inciuding opportunities for children to play in a well-appointed playground. The park expects to attract children from the Rolling Hills Ranch and neighboring communities in the area. For some time, the community has expressed an interest in providing facilities for the 7.5% of Chula Vista children who face more obstacles to being active than other children. These are children with disabilities - ranging from physical to emotional disabilities - who nevertheless have the same need and the same desire to play and socialize with their able-bodied peers in an inviting and accessible environment. A playground equipped with 'universally accessible" recreation equipment provides that opportunity and exceeds the intent of traditional playgrounds to "get kids moving" because its design allows a high level of interactive play for all children including children with disabilities. As the name suggests, universally accessible equipment can be enjoyed by both able-bodied children and children with disabilities, their siblings and their parents. 4-1 Item --1-, Page 2 Meeting Date: 11/02/04 Universally accessible equipment is designed to be sensory-rich and challenging, with rubberized surfacing for running, walking, and climbing; games and signage that teach a variety of communication skilis; horizontai ladders and upper body peddlers that encourage multiple motor skills and build upper body strength; and wheelchair accessible play equipment and games. At present, there are no opportunities for children with disabilities to play in Chula Vista or anywhere in the South Bay area. In fact, in the entire San Diego region, only four such playgrounds currently exist and these are distally located in Mission Bay, EI Cajon, and Santee. In response to the community, the Recreation and General Services Departments propose to provide a local solution to this probiem on behalf of our children by enhancing Montevalle Community Park to include universally accessible playground equipment. As with all parks built in Chula Vista over the past eleven years, the master plan for Montevalle Community Park calls for implementation of mandatory guidelines outlined in the Americans with Disabilities Act (ADA), which provide for curb cuts, restroom access, and other amenities. However, providing universally accessible playground equipment and play spaces in the children's playground goes even further to achieve the more inclusive spirit of the law. Park construction is scheduled to begin in Summer 2005, with an anticipated opening date of February 2006. The pianned enhancement to Montevalle Park will not only create the first playground of its kind in the South Bay area, the project will give Chula Vista families who have children with disabilities a sense of belonging to a community that cares for all of its citizens. The probable costs for the playground project, totaling approximately $400,180, are detailed in Attachment 1, and include expenses for administration, design, construction and installation. To fund the project, the City is planning to apply for a $200,180 State grant which is the subject of this report. The City is also dedicating $200,000 in Park Acquisition & Development fees as a 50% fund match. The grant requirements call for a minimum 25% match with priority given to proposals with a higher match. If the grant is awarded by the State, staff will bring forward to Council a resolution appropriating the award amount to fully fund this project as part of the City's Capital Improvement Program. A contract with the State (see sample contract, Attachment 2) must then be in place by June 30, 2007, with the project completed by June 30, 2012. The project at Montevalle Park falls well within those guidelines. Should the grant not be awarded, the City is nevertheless committed to the project and intends to proceed with construction. In that case, however, the City would take steps to value engineer the project (i.e., to reduce the number and/or complexity of pieces of universally accessible equipment, replace rubberized surfacing with alternative surfacing, and so on) to align expenditures with the available $200,000 City commitment. FISCAL IMPACT: There is no impact to the general fund. The total project cost to modify the existing playground design for Montevalle Community Park and the cost to install universally accessible recreational equipment has been estimated at $400,180. The City intends to apply for a $200,180 State grant, and will contribute a 50% match, or $200,000, from Park Acquisition and Development fees, which is more than the required minimum 25% match. Future maintenance costs for universally accessible equipment are estimated to be roughly equivalent to the maintenance costs for traditional playground equipment. Attachments 1. Project Cost Estimate 2. Sample Grant Contract (from ProcedLJfªI;puide) ATTACHMENT 1 PROJECT COST ESTIMATE The Universally Accessible Playground at Montevalle Connnunity Park CAPITAL IMPROVEMENTS AMOUNT $ 66,100.00 $ 107,988.00 $ 18,992.00 $ 35,000.00 $ 88,000.00 $ 15,000.00 $ 40,000.00 SUBTOTAL $ 371,080.00 Specialized playground equipment (2-5 year olds) Specialized playground equipment (5-12 year olds) Tax and fteight Play Equipment Installation Rubberized surfacing, installed F ibar surface material, installed Construction Contingency OTHER PROJECT-RELATED COSTS Design Planning, administration and project management $ 4,100.00 $ 25,000.00 SUBTOTAL $ 29,100.00 GRAND TOTAL $ 400,180.00 FUNDING SOURCES Park Acquisition & Development Fees $ 200,000.00 State UTban Parks & Healthy Communities Program GTant $ 200,180.00 $ 400,180.00 City of Chula Vista, General Services Department, Bu~~~ &Parks Construction, 10/19/04 ATTACHMENT 2 State of CaIüornia - The Resources Agency DEPARTMENT OF PARKS AND RECREATION GRANT CONTRACT 2002 Resources Bond Act State Urban Parks and Healthy Communities Program GRANTEE PROJECT TITLE PROJECT NUMBER PROJECT PERFORMANCE PERIOD is from through PROJECT DESCRIPTION: Tota! State grant amount not to exceed $ Provisions attached are made a into the Contract. Grantee By (Typed or Printed Name of Authorized R (Signature of Authorized Representat Title Date FUNDING (FOR STATE USE ONLY) CONTRACT NUMBER FUND APPROPRIATION ITEM CALSTARS VENDOR NUMBER UNEN i LINE ITEM ALLOTMENT I I I I ¡- T.B.A. NO. . _I INDEX I PCA I I 1 I hereby certify upon my personal knowïedge that budgeted funds are available for this encwnbrance. 1 SIGNATIJRE OF ACCOUNTING OFFICER i DATE , ! i ! , ------1 OBJ. I EXPEND __,j ""-----..j ; --..--- 4-4 Grant Contract Special Provisions General Provisions A. Definitions I. The term "Act" as used herein means the Appropriation for the Program. 2. The term "Application" as used herein means the individual Application and its required attachments for grants pursuant to the enabling legislation and/or Program. 3. The term "Acquisition" means to obtain fee title or a lesser interest in real property, specifically, conservation easement or conservation rights. Leases or rentals do not constitute Acquisition. 4. The term "Acquisition and Development" means a Project that combines Acquisition of real property with Development. 5. The term "Department" means the Califomia Department of Parks and Recreation. 6. The term "Developmenf' means capital improvements to real property by construction using Bond Act funds. 7. The term "Grantee" as used herein means the party described as the Grantee on page I ofthis Contract. The term "Project" as used herein means the Project described on page I of this Contract. 8. The term "State" as used herein means the State of California Department of Parks and Recreation. B. Proj ect Execution I. Subject to the avaliability of grant monies in the Act, the State hereby grants to the Grantee a sum of money (gnmt monies) not to exceed the amount stated on page I, in consideration of, and on condition that, the sum be expended in carrying out the purposes as set forth in the Description of Project on page I, and under the terms and conditions set forth in this Contract. The Grantee shall assume any obligation to furnish any additional funds that may be necessary to complete the Project. Any modification or alteration in the Project as set forth in the Application on file with the State must be submitted to the State for approval. 2. The Grantee shall complete the Project in accordance with the time of Project Perfonnance set forth on page I, and under the terms and conditions of this Contract. .3. The Grantee shall comply as lead agency with the California Environmental Quality Act (public Resources Code, Section 21000, et. seq., Title 14, California Code of Regulations, Section 15000 et. seq.) 4-5 4. The Grantee shall comply with all applicable current laws and regulations affecting Development Projects, including, but not limited to, legal requirements for construction Contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities. 5. The Grantee shall permit periodic site visits, including a final inspection upon Project completion by the State, to determine if Development work is in accordance with the approved Project Scope. 6. Prior to the commencement of any work, the Grantee agrees to submit any significant deviation trom the original Project Scope in writing to the State for prior approval. Changes in the Project Scope must be approved in writing by the State and must meet the exact need described in the original Project Application. 7. If the Project includes Acquisition of real property, the Grantee agrees to comply with all applicable state and local laws or ordinances affecting relocation and real property Acquisition. 8. The Grnntee shall provide for public access to Project FacilitiesNenues in accordance with the intent and provisions of the enabling legislation and/or Program. 9. Grantees shall have (1) fee title, (2) lease hold or (3) other interest to the Project lands and demonstrate to the satisfaction of the State that the proposed Project will provide public benefits that are commensurate with the type and duration ofthe interest in land, as determined by the State, that is held by the Grantee. 10. Every Grantee for a Grant pursuant to this chapter and the entity that will operate and maintain the property, if that entity is different than the Grantee, shall agree to comply with all of the following requirements: (I) To operate and maintain the property developed pursuant to the State Urban Parks and Healthy Comm=ities Act so that it is usable by residents of the Project's service area. With the approval of the department, the Grant recipieot, or its successor in interest in the property, may transfer its property interest and the responsibility to operate and maintain the property, in accordance with the terms of the Grant and any applicable law, to a public agency or nonprofit organization that is able to operate and maintain the property in perpetuity. Any attempt to make a transfer in violation of this subdivision is void. (2) To use the property only for the purposes for which the Grant was made and to make no other use or sale or other disposition of the property, except as authorized by specific act of the Legislature. If the use of the property is changed to a use that is not permitted by the terms of the Grant, or if the property is sold or otherwise disposed of, the Grant recipient shall reimburse the state an amount equal to the amount of the Grant, the fair market value of the land and any improvements constructed with the Grant, or the proceeds trom the sale or other disposition, whichever amount is greatest. If the property that is sold or otherwise disposed of is less than the entire interest in the property funded with the Grant, the Grant recipient shall reimburse the state an amOlmt equal to either the proceeds trom the sale or other disposition of the interest or the fair market value of the interest sold or otherwise disposed of, whichever amount is greater. In lieu of seeking reimbursement pursuant to (2), the Department may impose restrictions on the use of public park property identical to the requirements for the preservation of public parks set forth in the Public Park Preservation Act of 1971 (Chapter 2.5 (commencing with Section 5400) with respect to any property used, sold, or otherwise disposed of in a manner not permitted by the terms of the Grant. 4-6 11. Lands or interests in land acquired with grant funds shall be acquired from a willing seller. C. Project Costs The Grant monies to be provided to the Grantee under this Contract may be disbursed as follows: 1. If the Project includes Acquisition of real property, the State may disburse to the Grantee the grant monies as follows, but not to exceed, in any event, the total State Grant Amount set forth on page 1 of this Contract: a. Up to a 10% advance of the total State Grant Amount b. After the property is in escrow, the Grantee may request up to 80% of the total State Grant Amount as specified in the approved Application, or 100% of the actual Acquisition cost, whichever is less. The Grantee shall immediately place these funds in escrow. c. The remaining State grant funds shall be paid up to the amount of the grant or the actual Project cost, whichever is less, on completion of the Project and receipt of a detailed summary of Project costs from the Grantee. 2. If the Project includes Development, the State may disburse to the Grantee the grant monies as follows, but not to exceed in any event the total State Grant Amount set forth of page 1 of this Contract: a. Up to a 10% advance of the total State Grant AmO\mt. b. On proof of award of a construction Contract or commencement of construction by force account, up to 80% of the total State Grant Amount, not to exceed 80% of the total dollar amount of any or all awm-ded construction contracts. c. The remaining State grant funds shall be paid up to the amount of the grant or the actual Project cost, whichever is less, on completion of the Project and receipt of a detailed summary of Project costs from the Grantee. D. Proj ect Adnrinistration 1. The Grantee shall promptly submit written Project reports as the State may request. In any event, the Grantee shall provide the State a report showing total final Project expenditures. 2. The Grantee shall make property and FacilitiesN enues developed pursuant to this Contract available for inspection upon request by the State. 3. The Grantee shall use any monies advanced by the State under the terms of this Contract solely for the Project herein described. 4-7 4. If grant monies are advanced, the Graniee shall place these monies in a separate interest bearing account, setting up and identifying such account prior to the advance. Interest earned on grant monies shall be used on the Project as approved by the State. If grant monies are advanced and not expended, the unused portion of the grant shall be returned to the State within 60 days of completion of the Project or end of the Project Performance Period, whichever is earlier. 5. The Grantee shall use income eamed by the Grantee from use of the Project to further Project purposes, or, if approved by the State, for related purposes within the Grantee's jurisdiction. E. Project Termination 1. Any Grant funds that have not been expended by the Grantee shall revert to the fund and be available for Appropriation by the Legislature for one or more of the local assistance programs that the Legislature determines to be the highest priority statewide. 2. The Grantee may unilaterally rescind this Contract at any time prior to the commencement of the Project. After Project commencement this Contract may be rescinded, modified or amended only by mutual agreement in writing between the Grantee and the State. 3. Failure by the Grantee to comply with the tenns of this Contract or any other Contract under the Act may be cause for suspension of all obligations of the State hereunder. However, such failure shall not be cause for the suspension of all obligations of the State hereunder if in the judgment of the State such failure was due to nQ fault of the Grantee. In such case, any amount required to settle at minimum cost any irrevocable obligations properly incurred shall be eligible for reimbursement under this Contract. 4. Because the benefit to be derived by the State, from the full compliance by the Grantee with the tenns of this Contract, is the Preservation, protection and net increase in the quantity and quality of parks, public recreation FacilitiesNenues and/or historical resources available to the people of the State of California and because such benefit exceeds to an immeasurable and unascertainable extent, the amount of money furnished by the State by way of grant monies under the provisions of this Contract, the Grantee agrees that payment by the Grantee to the State of an amount equal to the amount ofthe grant monies disbursed under this Contract by the State would be inadequate compensation to the State for any breach by the Grantee of this Contract. The Grantee further agrees therefore, that the appropriate remedy in the event of a breach by the Grantee of this Contract shall be the specific performance of this Contract, unless otherwise agreed to by the State. 5. The Grantee and the State agree that if the Project includes Development, final payment may not be made until the Project confonns substantially to this Contract. F. Hold Harmless 1. The Grantee shall waive all claims and recourse against the State including the right to contribution for loss or damage to persons or property arising from, growing out of or 4-8 in any way connected with or incident to this Contract except claims arising from the concurrent or sole negligence of the State, its officers, agents, and employees. 2. The Grantee shall indemnify, hold harmless and defend the State, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the Acquisition, Development, construction, operation or maintenance of the property described as the Project which claims, demands or causes of action arise under Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the State, its officers, agents, or employees. 3. The Grantee agrees that in the event the State is named as codefendant under the provisions of Government Code Section 895 et. seq., the Grantee shall notify the State of such fact and shall represent the State in the legal action unless the State undertakes to represent itself as codefendant in such legal action in which event the State shall bear its own litigation costs, expenses, and attomey's fees. 4. The Grantee and the State agree that in the event of judgment entered against the State and the Grantee because of the concurreotnegligence of the State and the Grantee, their officers, ageots, or employees, an apportionment of liability to pay such judgment shall be made by a coW'! of competent jurisdiction. Neither party shall request a jury apportionment. 5. The Grantee shall inderrmify, hold harmless and defend the State, its officers, agents and employees against any and aU claims, demands, costs, expenses or liability costs arising out oflegal actions pursuant to items to which the Grantee has certified. The Grantee acknowledges that it is solely responsible for compliance with items to which it has certified. G. Financial Records 1. The Grantee shall maintain satisfactory financial accounts, documents and records for the Project and to make them available to the State for auditing at reasonable times. The Grantee also agrees to retain such financial accounts, documents and records for three years following Project termination or final payment. The Grantee and the State agree that during regular office hours each of the parties hereto and their duly authorized representatives shall have the right to inspect and make copies of any books, records or reports of the other party pertaining to this Contract or matters related thereto. The Grantee shall maintain and make available for inspection by the State accurate records of all of its costs, disbursements and receipts with respect to its activities under this Contract. 2. The Grantee shall use a generally accepted accounting system. H. Use ofFacilitiesNenues 1. The Grantee agrees that the Grantee shall use the property developed with grant monies under this Contract only for the purposes for which the State grant monies 4-9 were requested and no other use of the area shall be pennitted except by specific Act of the Legislature. 2. The Grantee shall maintain and operate the property developed for a period commensurate with the type of Project and the proportion of State grant funds and local funds allocated to the capital costs of the Project, as detennined by the State. 1. Nondiscrimination 1. The Grantee shall not discriminate against any person on the basis of sex, race, color, national origin, age, religion, ancestry, sexual orientation, or disability in the use of any property or F acilityN enue developed pursuant to this Contract. 2. The Grantee shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law. 3. All FacilitiesNenues shall be open to members of the public generally, except as noted under the special provisions of this Project Contract or under provisions of the enabling legislation and/or Program. 1. Application Incorporation The Application and any subsequent change or addition approved by the State is hereby incorporated in this Contract as though set forth in full in this Contract. K. Severability If any provision of this Contract or the Application thereof is held invalid, that invalidity shall not affect other provisions or Applications of the Contract which can be given effect without the invalid provision or Application, and to this end the provisions of this Contract are severable. 4-10 RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE STATE URBAN PARKS AND HEALTHY COMMUNITIES PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002 FOR UNIVERSALLY ACCESSffiLE RECREATION EQUIPMENT AT MONTEV ALLE PARK WHEREAS, in March 2002, California voters passed Proposition 40 to enact the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of2002; and WHEREAS, the California Urban Parks and Healthy Communities Program was created to promote active recreation among California's children; and WHEREAS, through the resulting State Urban Parks and Healthy Communities Program, the State has allocated local assistance funds for the development of active recreational opportunities in Southern California; and WHEREAS, the primary goal of the grant is to "get kids moving" by supporting the construction of recreational facilities for sports and play, including pe=anent play structures; and WHEREAS, Montevalle Community Park is one of a number of planned parks lmder construction or in design in Rolling Hills Ranch; and WHEREAS, Montevalle Community Park will provide an array of recreational amenities to promote physical exertion and play, including opportunities for children to play in a well-appointed playground; and WHEREAS, the community has expressed an interest in providing facilities for the 7.5% of Chula Vista children who face challenges to being recreationally active ranging from physical to emotional disabilities; and WHEREAS, a playground equipped with "universally accessible" recreation equipment provides the opportunity and exceeds the intent of traditional playgrounds to "get kids moving" because it allows a high level of interactive play for all children, including those facing physical and emotional challenges; and WHEREAS, at present there are no opportunities for children with disabilities to play in Chula Vista or anywhere in the South Bay; and 4-11 WHEREAS, the Recreation and General Services Departments recommend enhancing Montevalle Community Park to include universally accessible playground equipment; and WHEREAS, the master plan for Montevalle Community Park calls for implementation of mandatory guidelines outlined in the Americans with Disabilities Act; and WHEREAS, park construction is scheduled to begin in summer 2005, with an anticipated opening date of February 2006; and WHEREAS, the planned enhancement to Montevalle Community Park will create the first playground of its kind in the South Bay area. NOW, THEREFORE, BE IT RESOLVED the City Council of the City ofChula Vista does hereby approve the application for grant funds for the Youth Soccer and Recreation Development Program under the Clean Water, Clear Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 for sports fields in Otay Park. Presented by Approved as to fo= by ?2~e~~~ City Attorney Buck Martin Director of Recreation J:\Attomey\n:so\grants\State Urban Parks Grant-Montevalle Park 4-12 COUNCIL AGENDASTATEMENT Item 5 Meeting Date 11/2/04 ITEM TITLE: Resolution Authorizing the Director of Finance to close the improvement funds of Assessment Districts 87-1 and 88-2 and transfer the remaining balances to the respective redemption funds to call and redeem bonds SUBMITTED BY: Director of General Services/City Engineer :)?< Director ofFinan~ REVIEWED BY: City ManagerC~ ,,/" f<''' (4/Sths Vote: Yes _ No...KJ BACKGROUND: Construction improvements for bonded Assessment Districts 87-1 and 88-2 have been completed, and a total of $224,000 in surplus funds remain. Staff recommends that the districts' improvement funds be closed and the remaining balances be transferred to the respective redemption funds to call and redeem bonds. RECOMMENDATION: That Council adopt the resolution. BOARDS/COMMISSION: Not applicable. DISCUSSION: Two assessment districts, 87-1 and 88-2, were established during 1989-1990 to finance infTastructure related to those developments. The work has been completed. All payments for the eligible costs have been paid and funds remain in the improvement fund. Funds remaining to date are listed in the table below. Assessment District: Original Bond Improvement Funds Sale Amount Remainill!' 87-1 Rancho del Rev (East H St.)! $ 7,752,100 $ 127,649 88-2 Rancho del Rev (Otav Lakes Rd.)! $ 7,976,300 $ 96,599 TOTAL $15,728,400 $224,248 Pursuant to state law, if funds remain in the Improvement Fund after completion of improvements and payment of all claims, Council shall declare the funds as surplus and use the funds for the following purposes: ! These districts were refInanced. Assessment District 87 -1 and Assessment District 88-2 are now knovvn as Reassessment District of 1995. 5-1 Page 2, Item ~ Meeting Date 11/2/04 · Be transferred to the General Fund if the surplus does not exceed the lesser of $1 ,000 or 5% of the total amount expended from the Improvement Fund; · Be applied as a credit on the assessment or refunded to the payer if such assessment has been paid in cash; . Be utilized for maintenance of the improvements; or . Be utilized to call and redeem bonds. As with other assessment districts in the past, remaining funds have been used to call and redeem bonds, as it is the most beneficial to the property owners. The remaining funds in Assessment Districts 87-1 and 88-2, which have 3,407 and 1,340 parcels respectively, are relatively small and property owners will realize a minor annual savings from this action. FISCAL IMPACT: There is no impact to the General Fund, but there are savings to Chula Vista property owners ranging from $37 to $72 per parcel. J:\engine:e:r\agenda\AD fund closures by Finance and DDS.doc 5-2 RESOLUTION 2004- AUTHORIZING THE DIRECTOR OF FINANCE TO CLOSE THE IMPROVEMENT FUNDS OF ASSESSMENT DISTRICTS 87-1 AND 88-2 AND TRANSFER THE REMAINING BALANCES TO THE RESPECTIVE REDEi\1PTION FUNDS TO CALL AND REDEEM BONDS WHEREAS, the City established Assessment Districts 87-1 and 88-2 to finance in.fi:astructure pursuant to the Municipal Improvement Act of 1913 (the "Improvement Act"); and WHEREAS, the work has now been completed, payments of all claims are completed, and surplus funds remain in the Improvement Funds for each assessment district; and WHEREAS, the provisions of the Improvement Act require the City Council to declare such funds as surplus and to authorize the use of such funds for one or more of the purposes set forth in Streets and Highways Code Section 10427.1; and WHEREAS, pursuant to the tenns and provisions of the Improvement Act, the City Council desires that all surplus monies remaining in the Improvement Funds at this time shall be used to call and redeem bonds. NOW THEREFORE, BE IT RESOLVED, the City Council of the City of Chula Vista does hereby declare that approximately $127,648 for Assessment District 87-1 and $96,599 for Assessment District 88-2 as surplus and authorizes the Director of Finance to transfer the remaining surplus of funds from each respective Improvement Fund to each respective Redemption Fund in order to call and redeem bonds pursuant to State law or to provide a cash credit to the owners of those properties for which the assessment has been prepaid. Presented by Approved as to fonn by ])a.- 7 . He- Jack Griffin Director of General Services Ann Moore City Attorney J: lattorneylreso \financelAD fund closure WO 94-1 5-3 COUNCIL AGENDASTATEMENT Item lP Meeting Date 11/02/04 SUBMITTED BY: Resolution approving a contract with Merz Construction Co. Inc. for construction services of the "Marketplace", a component of the Civic Center Library Branch Renovation project (CIP LB136) and approve change orders 1 thru 4 as necessary to complete the project, authorizing the Director of General Services to execute said change orders on behalf ofthe City. Director of General service~.$. City Manager§t 1)<" (4/Sths Vote: No X ) ITEM TITLE: REVIEWED BY: Per the infonnal bidding process, staff invited three companies, for the purposes of securing competitive prices, to submit proposals to provide construction services of the "Marketplace" located within the Civic Center Library branch. The scope of work included the renovation of the self-checkout, library card registration areas and We1come area, improved lighting in the Adult and Children's merchandising areas, installation of grolmded outlets for the café and installation of new shelving at the magazine area. Two of the companies invited submitted bids and Merz Construction Co. Inc. was the lowest responsive bidder in the amount of $30,518. During the course of construction staff deemed it appropriate that additional work was necessary to complete the project. The additional work, as described in change orders 1 thru 4 (Attachment A), included painting of existing doors and bookcase in three areas, additional electrical work at circulation desk to accommodate current and future needs, additional carpet at the Circulation desk, upgraded plates and ADA signage in the Men's and Women's restroom within the "Marketplace" area. Due to the extensive public activity within the library during normal business hours, the work was to be completed after hours as recommended by library staff. The total cost of additional work amounted to $14,173.50. RECOMMENDATION: That Council approve a contract with Merz Constmction Co. Inc. for construction services of the "Marketplace", a component of the Civic Center Library Branch Renovation project (CIP LB136) and approve change orders 1 thru 4 as necessary to complete the project, authorizing the Director of General Services to execute said change orders on behalf of the City. BOARDS/COMMISSION: N/A DISCUSSION: In staffs anticipation of getting the "Marketplace" underway and provide minimal disruption to activities within the library, a contract to Merz Construction Co. Inc. in the amount of $30,518 was released in error prior to Council approval per the City's Charter requiring public works contracts more than the sum of $25,000 to be approved by Council. The original contract scope of work is now complete. At this time, staff, realizing the error and in an effort to comply with the City's Charter, is recommending that Council approve the contract with Merz Construction Co. 6-1 Page 2, Item ~ Meeting Date 11/02/04 In addition, during the construction of the Marketplace, staff discovered that additional work was needed to complete the project. So as not to disrupt the public activities within the library during no=al business hours, the work was to be completed during non-business hours. As described earlier, the additional work enhanced the overall project and allowed the Library staff the ability to accommodate future needs as with the additional electrical work at the circulation desk. The total cost of the additional work amounted to $14,173.50. Per Resolution 2000-451, change orders 1 thm 4 exceeds the amount allowable to be approved by the Director. Staff is recommending that Council.authorize the Director of General Services to execute said change orders on behalf of the City. FISCAL IMPACT: No additional funds are necessary as the project budget has sufficient funds for the contract and change order work. Attachment(s): Change Order No. 01 thru 04 J:\General Services\GS Administration\Council Agenda\Civic Center Librnry LB136 Marketplace\LB1J6 Marketplace Agenda.doc 6-2 RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONTRACT WITH MERZ CONSTRUCTION, INC. TO - CONSTRUCT THE "MARKETPLACE," A COMPONENT OF THE CIVIC CENTER LffiRARY BRANCH RENOVATION PROJECT (CIP LB136), AND APPROVING CHANGE ORDERS 1 THRU 4 AS NECESSARY TO COMPLETE THE PROJECT, AUTHORIZING THE DIRECTOR OF GENERAL SERVICES TO EXECUTE AND CHANGE ORDERS ON BEHALF OF THE CITY WHEREAS, per the informal bidding process, staff invited three companies to submit competitive price proposals to provide construction services of the "Marketplace" located within the Civic Center Library Branch; and . WHEREAS, the scope of work included the renovation of the self-checkout, library card registration areas and welcome area, improved lighting in the Adult and Children's merchandising areas, installation of grounded outlets for the café and installation of new shelving at the magazine area; and WHEREAS, of the two companies that submitted bids, Merz Construction, Inc. was the lowest responsive bidder in the amount of $30,518; and WHEREAS, the original contract scope of work is now complete; and WHEREAS, during the course of construction, staff deemed it appropriate that additional work was necessary to complete the project; and WHEREAS, the additional work, as described in Change Orders 1 thru 4, includes painting of existing doors and bookcase in three areas, additional electrical work at the circulation desk to accommodate current and future needs, additional carpet at the Circulation desk, upgraded plates and ADA signage in the Men's and Women's restroom within the "Marketplace" area; and WHEREAS, due to the extensive public activity within the library during normal business hours, the work was to be completed after hours as recommended by library staff; and WHEREAS, total cost of the additional work amounted to $14,173.50; and WHEREAS, per Resolution 2000-451, change orders 1 thru 4 exceed the amount allowable to be approved by the Director. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the contract with Merz Construction, Inc. for construction services of the "Marketplace," a component of the Civic Center Library Branch Renovation project (CIP LB136). 6-3 BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby approve change orders 1 thru 4 as necessary to complete the project and authorizes the Director of General Services to execute said change orders on behalf of the City. Presented by Approved as to fo= by 1:;b - _ 7. ,.¡..: Ann Moore City Attorney Jack Griffm Director of General Services J:AttorneyIReso/FinancelCivic Center Lib-Marketplace-Merz contract 6-4 ~, ft-- ~ ~~~~ -~- - ~~ Purchase Order CllY OF Purch~sing Division 276 Fourth Avenue, MS F-I06 Chula Vista, CA 91910-2699 Tel: (619) 397-6304 Fax' (619) 397-6309 No. P24131 Vendor No. 130185 [:.~ 0- )'~ Ic ~ 'D' r &MÎr/rl~~) f DeUver To: This order number must appenr on aU invoice.!, package!, lUIa inquiries relating to this order. (HULA VISTA Mall Invoice To: To: MERZ CONSTRUCTION COMPANY 145 TWIN OAKS CIR UNIT B CHULA VISTA, CA 91910 SEE BELOW City of Chula Vista Finance Department P.O. Box 1087 Chula Vista, CA 91912-1087 Order Date 08/13/04 Requbition No. R09148 TemlS NET 30 FOB DESTINATION POINT Deliver Date 07/30/04 Item Qunntlty Unit Description Unit Cost Extension 0001 1 LOT MATERIAL/LABOR PROVIDED R~G THE CIVIC CENTER LIBRARY~PRO E,ENTS (MARKETPLACE) PROJECT CI LB136 ¡ ESTIMATE DTD 7/16/04 /J DEPARTMENT CONTACT: DICK THOMPSON 619-397-6083 (GS/LIB) ***** 30,518.00 30,518.00 PO NUMBER IS REQUIRED ON ALL DELIVERY TICKETS AND INVOICES. DELIVERY TICKETS MUST BE PRICED OUT AND EXTENDED. ***** TOTAL COST OF THIS ORDER SHALL NOT BE EXCEEDED WITHOUT PRIOR PURCHASING DIVISION APPROVAL. ***** THE CITY TO PAY ONLY FOR MATERIALS AND/OR SERVICES AUTHORIZED BY & RECEIVED TO THE SATISFACTION OF THE CITY. ***** PROOF OF COMMERCIAL LIABILITY AND PROPERTY DAMAGE INSURANCE REQUIRED PRIOR TO THE COMMENCEMENT OF WORK. * * * CONT INUED * * * John P. Coggins, C.P.M. Purchasing Agent ~/ rP'" .."., Total $ . Delivery shall be FOB-Destination, unless otherwise specified. . Supplier I.s responsible for all terms and conditions listed on the fronl Rnd bnck oUbls or¡"'" 5 . No shipping. handling, or packing chargn ore ollowed unless specified on this order. . Chll.nges to this order require prior purchasing Division IIpproV1lI. . Prepaid transportation chargCJ must be supported by an original might bill. ~~~ ~ ....-:;::~~~ -~~- Purch!lsing Division 276 Fourth Avenue, MS F-l06 Chula Vista, CA 91910-2699 Tel: (619) 397-6304 Fax: (619) 397-6309 Purchase Order No. P24131 cm OF (HULA VISTA This order nmnher must appear on all invoices, packages, ooa inquiries relat1n: to this order. , Vendor No. 130185 DeUver To: Mail Invoice To: To: MERZ CONSTRUCTION COMPANY 145 TWIN OAKS CIR UNIT B CHULA VISTA, CA 91910 SEE BELOW City of Chula Vista Finance Department P.O. Box 1087 Chula Vista, CA 91912-1087 DESTINATION POINT Deliver Date 07/30/04 Order Date 08/13/04 Requisition No. R09148 Terms NET 30 FOB Item Quantity Unit Description Unit Cost Extension FAXED TO JOHN MERZ 8/13/04 619-476-1975 John P. Coggins, C.P.M. Purchasing Agent v~n --- Total $ 30,518.0C Page 2 of 2 . Delinry sholl be J'Oß...Destlnotlon, unless otherwIse specified. . SlIppUer Is ruponslble for all terms I1nd conditions listed on the fnmt lJod bo.ck or this or~._ 6 . No shipping. handling, or packing chl1rges are allowed uole51 sp«lßed on this order. . Changes to this order n:;quire prÎur Purchasing Dtvlslon IIpprovoL . Prepaid tnniteortation charges must be supported by IIn original freight bill c ~Ü~·I : t'IERZ CCINSTRUCT I DH CD FAX HD. 619 475 1975 J'_! 1. 19 2004 05: 231'11-1 P2 ~ ~~.~~.'.. L____;¡/ IY'! 1....1- -11 L.... CONSTRUCTION CO. INC. 145 Twin Oaks Circle, Unit B Chula VistatCA 91910 (619) 476-1947 FAX (619) 476-1975 1-aOO-619-BUILD July 16, 2004 City of Chula Vista Building Projects Pivision 1800 MaxweU Road Chula Vista, CA 91911 Attn: Richard Thompson Re: Chula Vista Public Library 276 4th Avenue Thank you for allowing my Firm to bid on thè work at Library. The following items will be completed during the course of work. Please review and call me with any questions: . Ask Here" Counter: Demo cabinet Pemo wall behind cabinet Remove carpet Remove electrical Patch wall and Finish to match Prime and paint wall Any wall coverings not induded Soffit to remain as is Place carpet of equal quality Unknown behind 14" x 14" wall area Clean upon completion Display Case: Allow items to be moved by others Remove existing nine (9) light fixtures Place two (2) 4" can lights Place '12" drywall and finish Prime and paint ceiling only Clean upon completion Friends Bookstore: Place (8) aluminum 2" x 2" x 30" dark bronze tubing Tubing to be mounted on top of cabinet top Place '14" frosted polycarbonate, approx. 75 sq. ft. Polycarbonate to heat/match radius @ 2 areas Email: merzcons@cox.net State License: #477564 6-7 FRCr'l ¡·IEF:Z CCNSTRUCT !Dr,¡ co FRX NO. 619 476 1975 Jul. 19 2004 05:25AM P3 Information Center: Allow all items to be moved by others Prime and paint counter and book shelves (Info side only) Paint soffit above counter Cabinets will receive one coat of primer and two coats of semi-gloss oil base enamel Soffit will be painted with a Io-sheen enamel Donor Plaque: Place new spot light @ existing soffit light location Self Help Station: Remove and reinstall electrical Demo existing cabinet @ 17' 8" +/_ Install owner provided ADA cabinet Place carpet Oean upon completion Miscellaneous Items: Install owners' slat wall Install two (2) 20 amp outlets Rearrange Lounge Remove old magazine shelving and discard Move two (2) small ranges to magazine area Move elephant and all assembled CR furniture from Story Hour Room into CR Marketplace Place dlsp/ayers upstairs according to floor plan Set up furniture in all areas according to plan Install art hanging system Install Children's Bulletin Board Assemble eight (8) displayers and two (2) spinners downstairs Install friends divider Oean upon completion , The total cost to complete will be $ 30,518.00, All work will be completed In a professional workmanJike manner. Work to be completed Monday through Friday, 5:00 a.m. to 5:00 p.m. Any additional cost will be noted as a change order which must be signed by all concerned parties prior to commencement of said change order. This bid Is valid for thirty days from the above date. Payment is due upon completion, Nelj30 days. If you understand and agree to the terms of this proposal/contract, please sign and date ow....... Signature Date 6-8 FROM: MERZ CONSTRUCTION CO FAX NO. : .619476.).975 . Mar. Ø9 2œ4 09:16R P2 AroRQ CERTIFICATE OF LLIABlišl'f.YAiNSURANCE r c ~;:ñ PRCCUCER (800)450-8013 FAX (lOO)434-80¡;:'i '1 '." II C ~TJFlCATE IS ISSUED AS A MATTER OF!!!.: ºRMATI . 1 .. I· ~-' ~.! ¡ kl\ I l ONL"PUf)'CONfERS NO RIGHTS UPON THE CERI ICATE Target Financu . nsurance ""l"V1ces HOLDER. THIS C£RTlFICATEDOI!8 NOT ANleNC;'Ë tTEND 0 license 10743582 . ::' . Ii ~:: ':' . I' :;:;';-;;;;';¡,ëOVERAOE AFfÕRDED BY THE POLI~!I eF1 r 9449 Balboa Ave., Suite 205 San Diego, CA 92123 'NIUI'" Merz OInstruct1on ~any 145 Twin Oaks Chula Vista, CA 91910 ,,¡ i'l'&-r J±.[?;oO \~5" <J~ 'P INSURERS AFFORDING COVERAGE fISOJRER" Mt. Hawley Insurance Co. MliR£Rø: Topa "SUÆRC: Fireman's Fund McGee 'L. .....,. D: "SORiA. e NAJC . ~ . - ., THE POLICIES OF INSUAAHCE USTEO BELOW II/WE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TilE POLICY PERIOD INDICATED. STi AtIY REQUIREMENT, TEIW OR CONDITION OF NlY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO 'l'lltICH THIS CERTIfICATE MAY '!,I¡ ~~!!.ED 0 MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRISED HEREIN IS SUBJECT TO ALL THE TEllMS, EXCLUSIONS AN1J CaNOl ""'"" OF POLICIES. AGOAEG4TE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~ TVPI. Of IMIU"-'HC.E POUCY HUIIeER F'OUCY EfFECTrY&. POLICY IXPItATJON UMlTð ~_LUA''''''' AO0004306 12/11/2003 12/11/2004 I!Al:HOCCORR£NCE S 1.01 X cO.....c,AL GENEIW. LIAIIIUTY .......... TO lliHTEO S 11 I CLAIMS""'. 00 OCCUR _..../!tfr-_ . (I. X c! OWners. Contrac:to PERIONALUCIIHJIJI\Y . .IHUAL_TI . ~ AGGR~ LIMIT I#'~ PEl\: l'll00UCTI. CCMPIQP AQG . IXIPOi.ICYI I~ I LOC AUTO~ UAIILJ1'Y ~ Nf"( AUTO ,..- N..L OWNeD AUTOS = SCHECULm AlJ108 _ HIRED AlJTOS _ NON-OWNED AUTOS 1.Q 2 01 1.01 COIÆINEO 'aNGLo! LIMIT (E.~ S IODLY INJURY (Pwpononl S IIOOtL Y INJURY (Pw_) · PIIOf'IIIT'/CWIAG. (P«~ · ~alUAU.lTY ,""'IW"TO AUTO ONLY-EAACCIDINT S !!II.-cc . AGO S 0"- TIW< AlJTO ONLY: B I!XCI!IISo\J/llllSl.LALIoIIIUTY lJ"OCCUR 00..........""'. ~DiCUC"TIIIlI ')IITENI1ON . ~C.....1..11ON¡UID. "flLOYBM" LIM&I'I"( AAY PROPR1ETORIPAR1'MERÆXECUTNE OFFIŒM1EM1ER EXCWDED? g~~':N8below OTHIJ\ roperty XU51S901 12/11/2003 11/11/2004 IACH CCCl)RRENCI AGOREGAT! 1 () c MXI98111786 12/11/2003 12/11/2004 I · · S . . ~IV~ I!.L. eACH ACCIJENT I E.L _ - EAEMPLOVEE S LL. DISEASE. POLICY WIT I Limit: SlS 000 Dl!SCIUPTIQI OP OPMATIOHel LOCA'TIOtIalYlftlCLa IIXCLUSION& ADOID ay BNDORIIMEHT I-IPBCIAL PROVIINQ... ertificate Holder Is Named Additional Insured Per The Attached Endorsement As Required By Con rac:t. 10 day notice of c:anc:ellat10n for non-payment of pre.iumV30 days all others. City of Chula Vista Public WOrks Center Attn: Marc:1 Leclair \!\elf.:', 1800 Maxwell Road CIIula Vista, CA 91911 . ( -'-'- ACORD252OG1Jœ) FAX: (619)397-8053 " .~_.. atICM.D Nl'I QtI' THI MOYI. gaç..-o POt..IQD II! CANcaLaD. iPQIIII! THI DPlftATICH DATI THIIItIOP, THI! IIIUIHCJ...." WILL INDlAVOR TO MAL ..1LIlAV1IWWTTIH~ITO CIR"""A1..0<OIO_ TOTNlU JUT P'M.URII TO IIM.IUC" IHALL LtQATlON 1ft UAIIUT Of'MYKIND uroNT1fI! ITI OA~",,"TM!I AIIT1IORZID_I_""'~ f /I '- L...--"".' "-""\ t,£-",,,..(/"dr.> 6..9 eAenAnr:.na nD.ATIt' FROM MERZ CONSTRUCTION CO FAX NO. 619 476 1975 Mar. 09 2004 09:18 P3 Policy Number: AC20004306 MI. Hawley Insurance Co. THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFUllY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies Insurance provided under the following: COMMERCiAl GENERAL LIABILITY COVERAGE PART A. WHO IS AN INSURED (Section II) Is amended to Include as an Insured the person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organi- zation be added as an additional Insured on your pol_ Icy. Such person or organization Is an additional in- sured only with respect to Uability arising our of your ongoing operations performed for that Insured. A per- son's or organization's status as an Insured under this endorsement ends when your operations for that insured are completed. 8. With respect to the insurance afford d these additional insureds, the foU Ing exclusion applies: This insurance does not apply to: 'Bodily Injury', 'property damage', 'personal injury' or 'advertising InJu ariSing out of the rendering of, or th failure to render, any profasslonal architectural enginesring or surveyi 9 Services, Including: 1. The praparing, approving, or fa ing to prepare or approve, maps, she s, drawings, opinions, reports, su eys, field orders, change orders or drawings, and spectflcetlons; a d 2. Supervisory, inllp4ct1on, archlt tural or engineering activities. 6-10 I ACORD .._- .-.-- . ,~_.__. CSRAW DATE (MIIi:!??1YYJ BUILQ..2 02f2l,\JOt -:- THIS CERTIFICATE IS ISSUED AS A MAìTER OF INFORM.lInON ONLY AND CONFERS NO RIGHTS UPON THE CERTlFlcAT Employers Resource dba ER Insurance Services ~~.:?:.R. THIS CERTIFICATE DOES NOT AMEND, EXTEN OR 1800~I . Bl d Suit 108 PURCHASING"" THECOVERAGEAFFORDEDBYTHEPOLCIESBe~ow. "rVlne v., e INSURERS AFFORDING COVERAGE Tustin, CA 92780 Phone 714-619-6868 Fax 714-619-6878 O~ MAR -I p~ Sf'!! Zenith Insurance Company CERTIFICATE OF LIABILITY INSURANCE , PRODUCER . INSURED Merz Cons1ruction Co. 145 Twin Oaks Circle Chula Vista, CA 91910- Company B Company C Company D /J,'" I I'~ - ~-'---- ..-----..-... _. ."-"" ,."-- I COVERAGES ! .. : THE POUCIES OF INSURANCE USTED BELOW HA VB BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED, I NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONl'RACT OR onmR DOCUMENT WITH RESPECT TO WlßCHTHIS CE<TIFICATJ I MAY BB ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRJBED HERBIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS ANI r CONDITIONS OF SUCH POLICIES, AGGRJ!OATE LIMITS SHOWN MAY HA VI! BEEN REDUCED BY PAID CLAJM.S. I co TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTJVI! POLICY UP1RATlCN LTR DAT!! (MUlDDI'N) DATE (MMIDDIYY) --- I UMlTS GENERAL UABILITY "¡ COMMERCiAL. GENERAL. LIABILITY I ~IMS MADE 0 OCCUR. OWNER'S & COHTRACTOR'S PROT - - GENERAL AGGREGATE PRODUCTs.GOMPIOP AGG $ -- PERSONAL &Ar:N INJURY EACH OCCURANCE FIRE DAMAGE (My on. hi r.ED EXP (Any one øncn> I $ I S $ --.-.. AUTOMOBILE LIASIUTY -, ! ! ANY AUTO ¡--< i--i ALL AUTO SCHECULED AUTOS i :.~ HIRED AUTOS I ¡-l NON.OWNED AUTOS I I ¡ ~-- ~~E L~ïL~---- . : AN,YAUTO R - !. -. ~.EXCEBS LIABILITY i ! j UMBRELLA FORM i 11 OTHER THAN UMBRELLA FORM i WORKERS COMPENSATION AND I EMPLOYERS' UABILITY ;A COMBINED SINGLE LIMIT S I , , I I - i ! I I , ; BOD"" V INJURY (Pilii' pwson) $ BOOlL Y INJURY (Peracddlnt) I PROPERTY DAloIA"" S FlOO ZOó5229301 11/1112003 11/1112004 AUTO ONLY - EA ACCIDENT I OTHER THAN AUTO ONL V; EACH ACCIDENT $ AGGREGATE S EACH OCCURAHCE $ AGGREGATE $ S X I WCSTATU I 10I.:'- El EACH ACC"ENT $1. 00,000 EL DISEASE. POLICY UMIT $1, 00,000 ELDISEASE-EAEMPI.DYEE $1, 00,000 THE PROPRlETORI PARTNERS/EXECUTIVE OFFICERS ARE: DU<Cl ~EXCL, I 1 -- OTHER I I l I DESCRIPTION OF OPERA TIONSNE1ÐCLESlSPECIAL IDMS ; 1800 MAXWELL ROAD, CHULA VISTA, CA 91911 1-_·-:-- ¡CERTIFICATE HOLDER City of Cbub Vista-Purchasing Division , 276 Fourth Ave. Chula Vista, CA 91911- CANCELLATION .1'10.Ù)'ItoroaD-p1)lDM Ofpremll SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CÞ/'ICELLED B FORE TH EXPIRATION DATE THEREOF, THE ISSUING INSURER WII.1. ENDEAVÕf 2.'! MAiL 30" CAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAME 'v THE LfFT:ãUT FAJLURE TO DO SO SHALL IMPOSE NO oeUGATlON OR LÍÃ IUTY OF ANY KIND UPON THE INSURER. ITS AGéNTS OR REPRESENTATIVES. 6-1 Mark Bucher ~.~~4 AUTHORIZED REPRESENTATIVE 03/12/2004 09:39 WESTLAND INS. BROKERS ~ 96915174 NO.2 73 [;I' ACORQ. CERTIFICJI,TE OF LIABILITY INSURANCE I DA"", _orrrr 03/ .2/2004 """"""OR (619) 584-6400 PAX (619)584-6425 THIS CERTIFICATE IS ISSueD AS A MATTER OF ~~T1ON Hestl~nd Insur~nce Brokers ONLY AND ÇON~I!RS NO RIGHTS UPON TliE CERTI TE HOLDER. THIS CERTIFICATE DOes NOT AMEND, OOR 3333 C....i no Del R;o Nol'1:h #315 ALTER THe COVERA¡;i'-A~FOR"'ED BY 'IltE POLICIES aow. P.O. Box 85481 San Dìego, CA 92186-5481 INSIJRSRS AFFORDING COVERAGE NA ~II INSU.... Jonn Mu:z INSURER A: Americu Economy Insur~nœ Co. 1 1 04~ DBA: Plerz Cons1:ruction N$UIœft !: 145 Twìn Oales Ci rcl. NaJ_e: Chula Vista, CA 91910 """.....0: INCURiRe: THE POUClE$ OF INSURANCE LISTED BE'OW HAV!! BI!I!N ISSIJI!D TO THI! INSURI!C NAMmJ ABOVE FOR THE POUCY PERIOD INClCATED. NOTWI H$TAN!]II ",,"Y REQUIREMEIfi', TERM OR CONcmON OF ÞNY CONTlW:!' OR OTHeR COClJMI!NT WlTI-I RESPECT TO WHICH TI-IIS CERTIFICATE W,V BE ISS ~9R MAY PERTAIN, TI-IE INSURANCE AFFORCED B"lHE POLICIES CESCIUBED HI!MN IS SUBJECT TO ALL TI-I! TERMS, EXClUSIONS ",,"D CONDmON OF SUO POLICIES. AGGREGATE UMITS SH~ MAY f'AVE BE... RIõDUCaJ 6Y PAJD CI,AM$. ~~ 'T"f1It:!CP....UIltAHC. POI.JCVNUIlIiICR ~ UIIlTS GÐlEIUJ" UMll1TI' I!ACH 0CCUIvœNc! .s - CO....iRCIAl.G5NEAALUA81U1Y ~"""= . J CL.AiM.""'1i 0 OCCUR _...1....__ . Pl!R.IONAL. & M:N IN.,IURY · _I!MI.~.,.. · . GEN'I.~ñ LJMI'I' NPlJ!,SP9: ~DUCI'S -CCWiCl' """ . I PQUGY I18i= n LOO AU"rOMOIiIILI LJAaIUTY O2CE0051852 02/24/2004 02/24/2005 CCMI/NID SIN~ 1.I.trT · r-- MY AUTO (&0_111) ,,000,( r-x ALL OWNID AUTOI OOCILY """"" r- (Pw p.txn) · SCHeOUL.!O AUTOS A ty Hlftl!D AUTOS 15OO1LY INJURY ty (POr_ · NO"""""1itI AUT06 r- r- PRCPiRlYDAIoIAG! · IPW_ =r:=UTf AUTO ONl. Y -I4ACCICI;NT · O'tHt/I.TIW< ...ACe · AUTC ONI.,Y: ""6 · ~"8MJ..L.A UAIILlTt' BACH acctJRRlNÇ¡ · :=J OCCUR 0 "'-""".....,. _QAT!! · · 3CIitlO.JCTIIIL. · RaTINTIOH . ~J'W · WCAI<ERS COWEMU'I1ON ANC IMPI.OYW~ UAIIIUTT ÞMV PRCIPRIIiiTOMAATNEJIII!X!CU1'I\4 IU. EACH NXIæ.NT · OI'PICe_I!XCI..UCI!D'I E.L DI8EA6I! ~!A I!M,.I.OY!. S lyu, ;'KYlbII urw:Ir 1Ö.L. 0_ -POIJCYLIMIT . specw.PR.CYlSIONS bail;lw «mill! ~nN OPQPONS/LCCAl1ONSJV&lICI,.U.¡ ~ 'ISICNIÁ~ 1'1' 1NDOM1M1NT1INCW. ~S 00 OF INS CE JoID days lI01:ice of cZlIcel1ation for non p~t of pl'OlllliUIII. ~TII"ll;.A'!'!! I,.&TI...., SllCULO 1M'( ~ 'nil: AJIQVC DIIscumJ I'C~ I' CANc:1IJ.UI . """....1I0Il DA"'__, 'IIIII1_INSU_WlL.l.N..",OIt 10 M CITY OF awLA VISTA ~"''''-''''''''''''''1O''''~''''_''''''''1'OT II""', ATnI; LUPE ItIT PAA.UM TO MAIL ,UCIIt NOTICI ~ IIIPCaI! NO Ql!UllAl1~ OR 276 4TI1 AVENUE OF ANt JIll) UPDN lHEINSIRER, ITS AGEN13 1MS. CHULA VISTA, CA 9Ull ....U'f'lr~ ~ /11~~" ~ ~ ACORD 25 (2001/01) FAX: (619)691-5174 6-12 t/ ~CORD CORPOR¡ TlOH 19 ~If?- ._~--~ ~- --~ - -- cm OF CHUlA VISfA General Services Department CHANGE ORDER NO. OHhru 04 . October 11 , 2004 File: LB-126 CONTRACT: CIVIC CENTER LIBRARY BRANCH RENOVATION (LB136), MARKETPLACE CONTRACTOR: Merz Construction Co. The following changes shall be made to the above referenced contract between the CITY OF CHULA VISTA and Merz Construction Co.: Change Order NO.1 Remove paper, repair areas of paper/glue release, place orange peel finish, apply two (2) coats self priming lo-sheen enamel, paint speaker covers, paint wall/registers above soffit, color to be #8131 Night Hush, clean area $5,700 Change Order No.2 Work to be completed during after hours as per library staff, doors painted with oil base enamel and sanded, six (6) hard board doors and attached metal frames: Apply one (1) coat of XIM oil base primer and two (2) coats of semi-gloss latex enamel, color to match sample provided by library staff $1,920.00 Change Order No.3 Apply two (2) coats of paint, place new push plate/pull plate @M/W Restroom, place new Men's ADA sign, install additional carpet at Circulation desk, additional electrical work at counter of Circulation desk, remove furniture boxes and pallets from site to land fill $2,673.50 Change Order No.4 Work to be completed between 6:00 a.m. and 10:00 a.m., paint two (2) auditorium doors on side door/frame, paint five (5) doors on both sides door/frame, paint bookcases, cut existing slat wall to fit three (3) areas - on (1) at wall, two (2) at children's bookshelf. Bookshelf areas to receive top cap, trim and outside corner at each side. Cap and corner to be oak/sealed. $3,880.00 Total $14,173.50 General Services Department 1800 Maxwell Road· MS 8-300 Chula Vista, CA 91911 Phone (619) 397·6220 Fax (619) 397-6250 ~1Ié. PRIDE AT WORK 6-13 ~'Z:.<,:~_~~~v.i~_t~_~~_~ov Number of Additional working days: No. (0) The above prices Include all costs for furnishing all tools, labor, materials, equipment, incidental costs and fees for performing the work in this contract change. No additional time or compensation will be due. Original Contract Price: Previous Change Orders: Change Order 1 thru 4 Revised Contract Price: $ 30,518.00 $ $ 14,173.50 $ 44,691.50 APPROVED BY Jack Griffin Director General Services It is agreed by the undersigned that this work shall be performed and materials furnished in accordance with the original contract, Green Book specification d a . Ie ard drawings. //~~~ ORDERED BY Matt Little BPC Manager Bldg. And Park Construction Z?4'~//~ REVIEWED BY Richard Thompson Bldg. Projects Supervisor Attachment(s): (PCO 1 thru 4) CITY OF~HJt1 VISTA COUNCIL AGENDA STATEMENT Item 7 Meeting Date November 2, 2004 ITEM TITLE: PUBLIC HEARING: Regarding the Proposed Assessment of Certain Delinquent Solid Waste Service Charges as Liens Upon the Respective Parcels of Land and Placement of Delinquent Charges on the Next Regular Tax Bill for Collection RESOLUTION No. Assessing Delinquent Solid Waste Service Charges as Liens Upon the Respective Parcels of Land and Approving Placement of Delinquent Charges on the Next Regular Tax Bill SUBMITTED BY: Director of FinanCefTreasurerf~ REVIEWED BY: City Manager~('>1'" (4/5ths Vote: Yes _NoL) In order to adequately protect the City's interest in delinquent solid waste service charges and ensure that collection efforts are directed towards the responsible property owner in the event of a change of ownership, staff is recommending approval for liens against affected properties as a preliminary action to placing the delinquencies on the property tax rolls if they remain unpaid. Adoption of this resolution will enhance the collection process for delinquent solid waste service charges by reducing the amount of uncollectible losses and ensure that payment will be received on a more timely basis. This is the identical process approved by City Council on a regular basis since mid- 2001. RECOMMENDATION: That Council open the public hearing to consider assessing delinquent solid waste service charges as liens on the affected properties, consider all testimony, and adopt the resolution overruling all protests and assessing these charges as liens upon the respective parcels of land. BOARDS/COMMISSIONS RECOMMENDATIONS: Not applicable. DISCUSSION: In November 1998, City Council amended Municipal Code Section 8.24 to eliminate suspension of solid waste service for nonpayment. To ensure that all residents pay their fair share of the costs of this program, the ordinance allows delinquent solid waste service charges to be assessed as liens upon the affected properties and ultimately placed on the property tax bills for collection. The ordinance states that upon notification of the property owners, a public hearing is set for solid waste service accounts that are over ninety days delinquent. At the hearing the City Council considers the delinquent accounts together with any objections or protests by interested parties. At the conclusion of the hearing, the City Council, may either approve the delinquency and amount owed on the accounts as 7-1 Page 2, Item. Meeting Date November 2, 2004 7 submitted or as modified or corrected by the City Council. Lastly, the City Council adopts a resolution assessing such amounts as liens upon the respective parcels of land, and the amounts are charged to the property owners on the next regular property tax bill. As these amounts are collected, the monies are remitted to Pacific Waste Services less the City's Franchise Fees, AB939 fees and late charges. Because charges can only be submitted for placement on the property tax bills once a year in August, staff is recommending assessing liens on the affected properties midyear as to better ensure the City's chances for collection. If the City were to address these delinquent charges only once a year in August, the effectiveness of using the property tax bill as a means of collection would be significantly reduced as the owners of record in August would not necessarily be the people responsible for the delinquent charges. In cases where properties are sold or transferred, assessing liens midyear holds the correct parties responsible for the delinquent charges. In cases where property owners choose to refinance their mortgages, the midyear liens will ensure the City receiving payment in a more timely manner as the delinquent charges would be paid through escrow during the refinancing process. In August 2004, City Council approved 492 delinquent accounts valued at $79,000 to be placed on the property tax bills for collection. Since then, Pacific Waste Services has identified and submitted an additional 482 delinquent accounts valued at over $58,900 to the city for collection. Through the City's preliminary collection efforts, 295 accounts have been resolved, and the remaining 187 accounts valued at $23,700 are now being submitted (listing available at the City Clerk's office). The account status and property ownership on these accounts have been verified by both Pacific Waste and City staff. Many of these delinquent accounts have gone through the lien process before as they continue to remain unpaid. These property owners were notified of their delinquencies through a series of past due notices sent by Pacific Waste until they were ultimately submitted to the City for collection. City staff also sent out a past due letter, and last month, these property owners were notified of the public hearing and were asked to pay their delinquent solid waste service charges prior to transmittal of the delinquent account list to the County to avoid a lien being placed on their property. City staff has been working with Pacific Waste to resolve any customer disputes as they arise and payment arrangements have been set up as needed. Staff will continue to update this list as payments are received and accounts are cleared. A final list will be submitted to the City Council for consideration as soon as all payments are recorded. Staff is recommending that the City Council approve the final list of delinquent solid waste accounts as submitted, and that these charges be forwarded to the County and assessed as liens on the respective parcels of land and ultimately placed on the next regular tax bill for collection. 7-2 Page 3, Item_ 7 Meeting Date November 2, 2004 FISCAL IMPACT: By using the property tax bill as the ultimate collection method for delinquent solid waste service charges, approximately $250,000 was collected in FY 03-04. The same amount is estimated for FY04-05. These funds are forwarded to Pacific Waste Services less the city's Franchise Fees, AB939 fees and late charges. The city should realize an estimated $20,000 in Franchise Fees, $5,000 in AB939 fees, and $165,000 in late charges for FY04-05. 7-3 RESOLUTION NO. 2004-_ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL WHEREAS, in November 1998, the City Council amended the Municipal Code Section 8.24 to eliminate suspension of solid waste service for nonpayment; and WHEREAS, to ensure that all residents pay their fair share of the costs of this program, the ordinance allows for delinquent solid waste service charges to be assessed as liens upon the affected properties and ultimately placed on the property tax bills for collection; and WHEREAS, the ordinance states that upon notification to the property owners, a public hearing is set for solid waste service accounts that are over ninety days delinquent; and WHEREAS, at the hearing, the City Council is to consider the delinquent accounts together with any objections or protests by interested parties; and WHEREAS, at the conclusion of the hearing, the City Council may either approve the delinquency and amount owed on the accounts as submitted or as modified or corrected by the City Council; and WHEREAS, the account status and property ownership on these accounts have been verified by both Pacific Waste and staff; and WHEREAS, property owners were notified of their delinquencies through a series of past due notices sent by Pacific Waste until they were ultimately submitted to the City for collection; and WHEREAS, staff has notified property owners of the public hearing and has requested that they pay delinquent solid waste service charges before said hearing to avoid property liens; and WHEREAS, staff is recommending that the City Council approve the final listing of delinquent solid waste accounts as submitted at the hearing and that these charges be forwarded to the County Assessor/Recorder/County Clerk for placement on the next regular tax bill for collection. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby: (1) open the public hearing to consider assessing delinquent solid waste service charges as liens on the affected properties; (2) overrule any and all protests or objections 7-4 presented at the public hearing; and (2) approve, with respect to the delinquent account list presented by staff and on file in the office of the City Clerk, assessing delinquent solid waste service charges as liens upon the respective parcels of land and the placement of such delinquent charges as a special assessment on the next corresponding regular tax bill, unless cleared prior to transmittal of the delinquent account list to the County. Presented by Approved as to form by .J:::b- '7. H.e: Maria Kachadoorian Director of Finance Ann Moore City Attorney J:\attomey\reso\ tinance\solid waste delinquency 11·2·04 7-5