HomeMy WebLinkAboutAgenda Packet 2004/11/09
CITY COUNCIL AGENDA
November 9, 2004 6:00 p.m.
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
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CllY OF
CHUlA VISTA
City Council City Manager
Patty Davis David D. Rowlands, Jr.
John McCann City Attorney
Jerry R. Rindone Ann Moore
Mary Salas City Clerk
Stephen C. Padilla, Mayor Susan Bigelow
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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
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CALL TO ORDER
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
doc~m~1{1e bulletin board according to
BrownACtrequk.....n... h 6:00 P.M.
Dat.,/0>~if S1gnod. ~~
November 9, 2004
ROLL CALL: Councilmembers Davis, McCann, Rindone, Salas, and Mayor Padilla
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO
SANDRA ACEVES, RECOGNIZING HER SON, HM3 FERNANDO
MENDEZ-ACEVES, WHO WAS KILLED IN ACTION IN IRAQ ON APRIL 6
. PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO MIMI
LOPEZ OF HILLTOP HIGH SCHOOL AND NICOLETTA MENEGON AND
ETTORE MENEGON OF L'ISTITUTO ANGELA VERONESE HIGH
SCHOOL IN MONTEBELLUNA, ITALY, RECOGNIZING THE STUDENTS
FROM THE ITALIAN EDUCATIONAL EXCHANGE PROGRAM
CONSENT CALENDAR
(Items 1 through 4)
The Council will enact the Consent Calendar staff recommendations by one
motion, without discussion, unless a Counci/member, 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. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING CHANGE ORDERS REQUESTED BY THE MCMILLIN COMPANY
FOR PROCTOR V ALLEY ROAD REACHES THREE AND FOUR, AND
AUTHORIZING TRANSPORTATION DEVELOPMENT IMPACT FEE CREDIT FOR
SUCH CHANGE ORDERS AND OTHER ITEMS
The McMillin Company completed the construction of Proctor Valley Road Reaches
three and four, and has requested Transportation Development Impact Fee (TDIF) credit.
The credit request includes change orders that require City Council approval and a
modification of the documentation requirements of the Municipal Code. (Director of
General Services, City Engineer)
Staff recommendation: Council adopt the resolution.
Page 1 - Council Agenda
November 9, 2004
AGENDA
November 9, 2004 6:00 P.M.
CALL TO ORDER
ROLL CALL: COlUlcilmembers Davis, McCarm, Rindone, Salas, and Mayor Padilla
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO
SANDRA ACEVES, RECOGNIZING HER SON, HM3 FERNANDO
MENDEZ-ACEVES, WHO WAS KlLLED IN ACTION IN IRAQ ON APRIL 6
. PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO MIMI
LOPEZ OF HILLTOP mGH SCHOOL AND NICOLETTA MENEGON AND
ETTORE MENEGON OF L'ISTITUTO ANGELA VERONESE mGH
SCHOOL IN MONTEBELLUNA, ITALY, RECOGNIZING THE STUDENTS
FROM THE ITALIAN EDUCATIONAL EXCHANGE PROGRAM
CONSENT CALENDAR
(Items 1 through 4)
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. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING CHANGE ORDERS REQUESTED BY THE MCMILLIN COMPANY
FOR PROCTOR VALLEY ROAD REACHES THREE AND FOUR, AND
AUTHORIZING TRANSPORTATION DEVELOPMENT IMPACT FEE CREDIT FOR
SUCH CHANGE ORDERS AND OTHER ITEMS
The McMillin Company completed the construction of Proctor Valley Road Reaches
three and four, and has requested Transportation Development Impact Fee (TDIF) credit.
The credit request includes change orders that require City Council approval and a
modification of the documentation requirements of the Municipal Code. (Director of
General Services, City Engineer)
Staff recommendation: Council adopt the resolution.
Page 1 - Council Agenda November 9, 2004
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2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
SETTING A PUBLIC HEARING FOR DECEMBER 14, 2004, TO CONSIDER
VACATING A PEDESTRIAN EASEMENT LOCATED WITHIN 624 MARIPOSA
CIRCLE (APN: 639-682-31-00)
The City of Chula Vista is considering vacation proceedings for a six-foot wide
pedestrian easement located within 624 Mariposa Circle on its own initiative and at the
request of the adjacent property owner. The aforementioned pedestrian easement does
not provide access to a public street as originally intended, but dead ends at the adjacent
private property located at 505 East Naples Street. In accordance with Part 3, Chapter 3
of the California Streets and Highways Code, Council must adopt a Resolution of
Intention setting a public hearing in order to consider the vacation request. (Director of
General Services, City Engineer)
Staff recommendation: Council adopt the resolution.
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AWARDING A PURCHASE AGREEMENT TO PEARPOINT, INC. FOR $224,330.91
FOR ONE TV VAN, FLEXI-DATA SOFTWARE AND EQUIPMENT THROUGH A
COOPERATIVE PURCHASE WITH THE CITY OF SAN DIEGO
The City of Chula Vista is participating in a current City of San Diego bid from
Pearpoint, Inc. for the purchase of one TV van and equipment. Chula Vista Municipal
Code Section 2.56.140 and Council Resolution No. 6132 authorize the Purchasing Agent
to participate in cooperative bids with other government agencies for the purchase of
materials of common usage. There are no vendors in the City of Chula Vista that
normally furnish this type of heavy equipment. (Director of Public Works Operations)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING BIDS, REJECTING THE LOWEST BID AND AWARDING
CONTRACT FOR GREG ROGERS PARK IMPROVEMENTS - PHASE I (PROJECT
PR169) TO COURT CONCEPTS, INC., IN THE AMOUNT OF $259,570.97
On September 15, 2004, the Director of General Services received sealed bids for this
proj ect. The scope of work primarily includes the construction of a new play area, a new
picnic/shade structure and paving improvements to provide an accessible route to these
facilities from the existing parking lot at Greg Rogers Park, located 1189 Oleander
Avenue. (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 jùture discussion or refer the matter to staff. Comments are limited to
three minutes.
Page 2 - Council Agenda November 9,2004
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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.
5. CONSIDERATION OF APPROVAL OF GRANTING A NATURAL GAS UTILITY
FRANCHISE AND ELECTRIC UTILITY FRANCHISE TO SAN DIEGO GAS &
ELECTRIC (SDG&E)
The City and San Diego Gas & Electric have concluded negotiations and the City
Council approved a Memorandum of Understanding outlining the benefits established
through those negotiations. The Council adopted a resolution of intention to grant the
franchises at its October 26, 2004 meeting. Adoption of the ordinances grants the
franchises to San Diego Gas & Electric. (Director of Conservation and Environmental
Services)
Staff recommendation: Council conduct the public hearing and place the following
ordinances on first reading:
A. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
GRANTING TO SAN DIEGO GAS AND ELECTRIC COMPANY, ITS
SUCCESSORS AND ASSIGNS, THE FRANCmSE TO CONSTRUCT,
MAINTAIN AND USE POLES, WIRES, CONDUITS AND
APPURTENANCES, INCLUDING COMMUNICATION CIRCUITS,
NECESSARY OR PROPER FOR TRANSMITTING AND DISTRIBUTING
ELECTRICITY TO THE PUBLIC FOR ANY AND ALL PURPOSES IN,
ALONG, ACROSS, UPON, UNDER AND OVER THE PUBLIC STREETS
AND PLACES WITHIN THE CITY OF CHULA VISTA (FIRST READING)
B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
GRANTING TO SAN DIEGO GAS AND ELECTRIC COMPANY, ITS
SUCCESSORS AND ASSIGNS, THE FRANCmSE TO INSTALL, MAINTAIN
AND USE PIPES AND APPURTENANCES FOR TRANSMITTING AND
DISTRIBUTING NATURAL GAS TO THE PUBLIC FOR ANY AND ALL
PURPOSES UNDER, ALONG, ACROSS OR UPON THE PUBLIC STREETS
AND PLACES AS THE SAME NOW OR MAY HEREAFTER EXIST WITHIN
THE CITY OF CHULA VISTA (FIRST READING)
ACTION ITEMS
The items listed in this section of the agenda will be considered individually by
the Council, and are expected to elicit discussion and deliberation. 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.
Page 3 - Council Agenda November 9, 2004
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6A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A SECOND AMENDMENT TO THE LEASE AGREEMENT
BETWEEN THE CITY AND AMERICAN GOLF CORPORATION TO INCREASE
THE STANDARD OF MAINTENANCE FROM A BRONZE TO A SILVER
STANDARD FOR THE CHULA VISTA MUNICIPAL GOLF COURSE, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID SECOND AMENDMENT
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE CITY'S MASTER FEE SCHEDULE AND ESTABLISHING NEW
GREENS FEES AT CHULA VISTA MUNICIPAL GOLF COURSE
American Golf Corporation (AGe) has submitted a request for a rate increase. It has
been approximately five years since the last rate increase submittal by AGC. Adoption of
the resolutions amends the lease agreement between the City and AGC, and approves the
new greens fees at Chula Vista Municipal Golf Course. The current greens fees have
been in effect since January 1, 1999. (Director of Public Works Operations)
Staff recommendation: Council adopt the resolutions.
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
7. CITY MANAGER'S REPORTS
8. MAYOR'S REPORTS
9. COUNCIL COMMENTS
· John McCann: Staff referral regarding community workshops throughout the
City
CLOSED SESSION
Announcements of actions taken in Closed Session shall be made available by
noon on Wednesday following the Council Meeting at the City Attorney's office in
accordance with the Ralph M Brown Act (Government Code 54957.7).
10. CONFERENCE WlTH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
· ARB v Eastlake (SDSC #GIS15582)
11. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c)
· One case
Page 4 - Council Agenda November 9, 2004
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12. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property: San Diego Gas & Electric - Gas and Electricity Franchise
(pertaining to public rights-of-way throughout the City of Chula
Vista)
Agency negotiators: Steve Padilla, David D. Rowlands, II.
Negotiating Parties: City of Chula Vista and San Diego Gas & Electric (various
representatives)
Under Negotiation: Price and terms of franchise conveyance
13. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
. Application of SDG&E for Authority to Update its Gas and Electric Revenue
Requirement and Base Rates (Doc. Nos. A-02-12-27, A-02-12-028, and I 03-03-
016)
ADJOURNMENT to the Regular Meeting of November 16, 2004, at 6:00 p.m. in the Council
Chambers, and thence to an Adjourned Regular Meeting on November 17,
2004 at 7:00 p.m., in the Police Department Community Room.
Page 5 - Council Agenda November 9,2004
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corso mazzini, 118 - cap 31044
telefono 0423/6171 s.p.
fax 0423/617250 (palazzo municipale)
fax 0423/617410 (loggia dei grani)
c.f. e p. iva 00471230268
comune di
montebelluna
provincia di treviso
Octoher 25th- 1004
The City Council together with all the citizens of Montebelluna would like to take advantage of this cultural
exchange to send our greetings to the town and administrators of Chula Vista.
We are looking forward to welcoming the teachers and students of Hilltop High School to Montebelluna and arc
convinced that living and working together will provide an opportunity to strengthen the friendship between OUI
countries and enhance appreciation of our cultures,
Sincerely,
(!).
Item I
-
Meeting Date 11/9/04
COUNCIL AGENDA STATEMENT
ITEM TITLE: Resolution Approving change orders requested by The
McMillin Company for Proctor Valley Road Reaches 3 & 4 and authorizing
Transportation Development Impact Fee credit for such change orders and
other items
SUBMITTED BY: Director of General Services/City Engineer 6f<
REVIEWED BY: City Manager () r- :;;1.) Yes _NoX)
fai
The McMillin Company completed the construction of Proctor \. ~
requested Transportation Development Impact Fee (TDIF) cred' -~
orders that require City Council approval and a modification oftl. , of
the Municipal Code.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
RECOMMENDATION: That Council adopt the resolution.
DISCUSSION:
Background
The McMillin Company constructed Proctor Valley Road Reaches 3 and 4 (TDlF Project 59A) and
submitted a written request for TDlF credit based upon documented costs. Pacific Municipal
Consultants (PMC), on behalf of the City, completed an audit of the cost documents and
recommends TDlF credit in the amount of $2,563 ,117, a portion of which requires Council approval.
Change Orders
The developer is requesting Council approval of change orders related to storm drain facilities and
guardrail related to the construction of Proctor Valley Road. Based upon the guidelines of the TDIF
Directives and Procedures, such approval is necessary prior to the City Engineer granting TDIF
credit for the change orders. The change order for storm drain resulted from the addition of storm
water runoff drainage facilities required by the City of San Diego consisting of a detention/diversion
basin, pumps, a discharge line, and appurtenant structures to protect the drinking waters of the Otay
Lakes reservoir ÍÌom both Proctor Valley Road and private development nmoff. The total amount of
the change orders associated with TDlF-eligible drainage is estimated to be $286,510. A change
order of$10,875 for surface improvements was processed to add guardrail to the road.
Missing Documents for Proctor Valley Road
As part of the audit process, staff typically requires the developer to submit copies of invoices and
cancelled checks to comply with the Municipal Code requirement that the developer submit
verification of payments. However, McMillin Company cannot locate contractor invoices and
developer payments in the amount of $80,991 related to the construction of curb, gutter and
1-1
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Page 2, Item J
Meeting Date 11/9/04
sidewalk. The documents were either lost or misplaced by Pacific Bay Homes prior to the
acquisition of the Rolling Hills Ranch project by McMillin Company. Even so, staff recommend
that McMillin Company receive TDlF credit for the $80,991 based upon PMC's review of the
contract. PMC reviewed the contracts and verified that the quantities in the contract are consistent
with the quantities shown on the as-built plans and that the unit prices in the bid are consistent with
other similar, recently audited projects. Although. the Municipal Code and the TDIF Directives and
Procedures do not specifically address the issue oflost documents, the Municipal Code does permit
modification of the audit requirements with Council approval.
Staff recommends approval of the costs shown below in Table I:
TABLE 1
TDlF eligible amount Change orders or missing
without Council approval document amount
Proctor Valley Road $7,184,741
Drainage change order $286,510
Guard rail change order $10,875
Missing doc uments $80,991
Subtotal $378,376
TOTAL TDlF recommended $2,563,117
Note: The 2002 TDIF Reoort estimated the oroiect cost to be more than $2,563,117.
FISCAL IMPACT: There is no impact to the General Fund. The TDIF program funds costs
associated with processing this item.
Attachments:
I. Plat of Proctor Valley Road Reaches 3 & 4
2. Summary of Change Orders/Missing Documents
3. TDIF Change Order Process
4. Municipal Code Section 3.54.040(B)2.f. andj.
J:\Ellgineer\AGENDA\TD!F Proctor Valley Road change orders 9-04.doc 10122/04
1-2
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CHULA VISTA TDIF FACILITY EXHIBIT
FACILITY NO. 59A
PROJECT DESCRIPTION:
PROCTOR VALLEY ROAO FROM HUNTE PARKWA Y TO ROLLING HILLS RANCH NEIGHBORHOOD NINE
RH-272C
CONSTRUCT 4 LANE MAJOR ARTERIAL ROAD.
(LENGTH = 2,550')
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ATTACHMENT -3
V. Chanqe Orders
A. Any change orders that occur shall be fully documented and be in a
format consistent with the original bid items (i.e., show units, unit costs,
extensions and total costs). The City Engineer, in his/her sole discretion
shall determine the eligibility of each change order for TDIF credit.
B. No single change order shall be eligible for TDIF credit which increases
or decreases the original contract amount by more than $50,000 without
City Council approval.
C. The aggregate of all change orders, including those for differences
between estimated and actual quantities shall not increase the contract
amount by more than the amount specified below without City Council
approval:
Original Maximum
Contract Range Aggregate Increase
Up to $100,000 10%
$100,001 to $1,000,000 $10,000 plus 7% of amount over $100,000
More than $1,000,000 $73,000 plus 5% of amount over $1 ,000,000
D. All change orders involving changes in scope of the project, or increases
of contract amounts greater than outlined in C. above shall be submitted
to the City Council for approval after the project is completed, but before
the final TDIF credit/reimbursement is authorized by the City Engineer.
Change orders for which the developer does not wish to obtain TDIF
credit or reimbursement do not need to go to City Council for approval.
E. Negotiated set price change orders are acceptable where most of the
items of work in the change order have unit prices from the bids. Where
change orders are for work that does not have unit prices for a
substantial portion of the work contained within the bids, time and
materials change orders are preferred.
1-6
~,._._.."~._--_."- ~-~._,...,~.~
Attachment 4
Municipal Code Section 3.54.040(B)2.f. states:
When all work has been completed to the satisfaction of the city, the developer shall
submit verification of payments made for the construction of the transportation facility
project to the city. The city manager's designee shall make the final determination on
expenditures which are eligible for credit or cash reimbursement.
Municipal Code Section 3.54.040(B)2.j. states:
The requirements of this subsection (B) of this section may, in the city's discretion, be
modified through an agreement between the developer and the city and approved by city
council.
1-7
~... --,-_._,._-_._~-"~_.'-~- ---~----_..."..~-- --.-
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING CHANGE ORDERS REQUESTED BY THE MCMILLIN
COMPAi\TY FOR PROCTOR VALLEY ROAD REACHES 3 & 4 AND
AUTHORIZING TRAL"iSPORTATION DEVELOPMENT IMPACT FEE
CREDIT FOR SUCH CHANGE ORDERS AND OTHER ITEMS
WHEREAS, the developer of the Rolling Hills Ranch project was required to
construct Proctor V alley Road Reaches 3 and 4; and
WHEREAS, McMillin Company acquired the project from Pacific Bay Homes;
and
WHEREAS, this roadway segment is a Transportation facility eligible to be
financed by the Transportation Development Impact Fee (TDIF) and is identified as
Project Number 59A in the 2002 TDIF Report; and
WHEREAS, costs associated with constructing the roadway are eligible
for TDIF Credit pursuant to the Municipal Code and the City's TDIF Directives and
Procedures; and
WHEREAS, McMillin Company has submitted change orders that require
Council approval prior to assigning TDIF credit based upon the City's guidelines of the
TDIF Directives and Procedures; and
WHEREAS, McMillin Company has also requested full TDIF credit for the curb,
gutter and sidewalk based upon contract costs because documents on actual costs have
been lost or misplaced by Pacific Bay Homes; and
WHEREAS, staff recommends that Council approve the change orders.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula
Vista does hereby 1) approve change orders in the amount of $297,385 (TDIF portion
only) for Proctor Valley Road Reaches 3 & 4 making the change orders eligible for TDIF
credit; and 2) approve McMillin Company's request to receive $80,991 in TDIF credit,
without submitting evidence of payment, for the curb, gutter and sidewalk for Proctor
Valley Road Reaches 3 & 4, all subj ect to final determination by the City Engineer.
Presented by Appr~d as to~y c:/4t
/~¿;;,d' ~ <:;
Jack Griffin Ann Moore
Director of General Services City Attorney
J:\EngineerIAGENDAlResos\Res approvmg change orders for McMillin for PVR.doc 10/22/04
1-8
- -~~-~.
COUNCIL AGENDA STATEMENT
Item ¡;z
Meeting Date 11/09/04
ITEM TITLE: Resolution setting a public hearing to consider the City's intent
to vacate the pedestrian easement located within 624 Mariposa Circle
(APN: 639-682-31-00)
SUBMITTED BY: Director of General Services/City EngineerØ'
REVIEWED BY: City Manager (; ß D 1Ý (4/Sths Vote: Yes: _ No:-.KJ
The City of Chula Vista is considering vacation proceedings for a 6- foot wide pedestrian
easement located within 624 Mariposa Circle (APN: 639-682-31-00) on its own initiative and at
the request of the adjacent property owner. The aforementioned pedestrian easement does not
provide access to a public street as originally intended, but dead ends at the adjacent private
property located at 505 East Naples Street. In accordance with Part 3, Chapter 3 of the
California Streets and Highways Code, Council must adopt a Resolution of Intention setting a
public hearing in order to consider the vacation request.
RECOMMENDATION: That Council adopt the Resolution of Intention setting a public
hearing for December 14, 2004 at the Council Chambers of the Public Services Building, located
at 276 Fourth Ave, Chula Vista, CA 91910, at 6:00 p.m. to vacate the pedestrian easement
located within 624 Mariposa Circle and direct staff to post the required notices for said public
hearing and publish the notice of the hearing in a local newspaper.
BOARDS/COMMISSIONS RECOMMENDATIONS: City staff presented this item to the
Safety Commission on September 16, 2004. The Committee recommended vacating the 6-foot
wide pedestrian easement located within 624 Mariposa Circle (see Exhibit A).
DISCUSSION:
On April IS, 2004, the City of Chula Vista received a letter from a resident of Mariposa Circle
voicing his concern about the conditions of the partial pedestrian path located between 624 and
626 Mariposa Circle. For the location of existing partial pedestrian path and pictures of the site,
please refer to the attached Exhibits Band C.
As part of the original Locdel Estates subdivision, the 6-foot wide pedestrian easement was
granted to the City of Chula Vista back in 1972 to enable pedestrian access from Mariposa Circle
to East Naples Street and to Greg Rogers Elementary School. At that time, it was the City's
intention to pursue an easement from the Bayview Orthodox Presbyterian Church. The property
of the church is to the south of 624 Mariposa Circle and located at 505 East Naples Street, APN:
639-160-26-00. The pedestrian easement was never granted across the church's property.
The limits of the 6-foot wide pedestrian easement are from the right-of-way of Mariposa Circle
south approximately 90 feet to the northerly property line of the parcel located at 505 East
2-1
-----~._--"...- .~.._----.-.--.---.--
Page 2, Item ;¿
Meeting Date 11/09/04
Naples Street, APN: 639-160-26-00 (see Exhibit D for the map showing the limits of the
easement). The City of Chula Vista's easement rights are only within the residential parcel at
624 Mariposa Circle and end at the northerly property line of the church's parcel. City staff has
verified the lack of an easement on the property of the church per the title report prepared by the
LandAmerica Commonwealth Company, dated August 27, 2004.
As it exists today, the southerly limits of the pedestrian easement are denoted with three metal
bollards. These metal bollards do not impede access to the back portion of the church's property.
The access makes it difficult for the personnel to keep control of the ingress/egress to the
church's grounds during school hours and during the night.
According to the Bayview Orthodox Presbyterian Church, the Covenant Christian School
(located within the church's premises), and the property owner of 624 Mariposa Circle where the
pedestrian easement is located, they have problems with vandalism, trespassing and littering on a
continuous basis. From conversations with the church and the school's personnel and
correspondence received from the property owner, City staff believes that all parties favor the
option to vacate the 6- foot wide pedestrian easement and close off the partial pedestrian path.
In addition to the safety of the children attending the church's school, City staff is concerned
about the safety of the Greg Rogers School's students using this partial pedestrian path since the
mid-block location encourages trespassing onto the church's site and jaywalking across East
Naples Street. The main concern is that the partial pedestrian path would terminate mid-block on
East Naples Street; approximately 325 feet east of the East Naples Street/Oleander Avenue
intersection and 460 feet (approximately) west of the East Naples Street/Foxboro Avenue
intersection. Furthermore, the pedestrian path that was projected in 1972 ends across from the
parking lot of the Greg Rogers School and no current signage is in place to caution drivers of
pedestrians crossing East Naples Street, making it an unsuitable place for a pedestrian crossing
point.
The Greg Rogers School's Principal favors the option of having a pedestrian path, since there are
students living in Locdel Estates that use the pedestrian path to attend the school. City staff
analyzed several options and favor the route that utilizes Mariposa Circle and Oleander Avenue
without using a pedestrian path. The preferred route is approximately 8 minutes longer than the
route using a pedestrian path, but it appears to be the safest way to school, since although
traveling on Oleander A venue, no streets need to be crossed until the Oleander A venue/East
Naples Street, where the school's safety patrol is located. Furthermore, it is the City's intention
to install by March 2005 a traffic signal at the Oleander Avenue/East Naples Street intersection.
Prior to Council action on the vacation of the pedestrian easement, Section 8320 of the State
Streets and Highways Code states that Council must adopt a Resolution of Intention setting a
public hearing on the matter. The Resolution is to include:
1. A declaration of intention of the Council to vacate the pedestrian easement.
2-2
.______._.n___ _ -"._-~.-.,.__.
Page 3, Item :2
Meeting Date 11/09/04
2. A statement that the vacation proceeding is conducted under Chapter 3 of the Streets and
Highways Code.
3. A description of the general location and extent of the pedestrian easement.
4. The date, hour and place for the public hearing (December 14, 2004 at the Council
Chambers of the Public Services Building, located at 276 Fourth Ave, Chula Vista, CA
91910, at 6:00 p.m.).
5. Direct staff to notify the public for the hearing as provided for in the Streets & Highways
Code Sections 8322 & 8323.
It is staffs intention to notify all residents who were sent notices of the Safety Commission's
Meeting conducted on September 16, 2004, of the public hearing being set by Resolution of
Intention. In addition, staff will post conspicuously notices of vacation along the pedestrian
easement proposed to be vacated and will publish the notice of the hearing in a local newspaper.
FISCAL IMPACT: None.
Exhibits:
A. Excerpt from Safety Commission Minutes of 9/16/04
B. Site Map
C. Pictures of the Pedestrian Easement
D. Map No. 7333 (Locdel Estates Unit No.2)
J:\Engineer\ADVPLAN\Citizen Request\Mariposa\A-113-notice of intentsh.doc
F[LE #, 0[OO-[5-KY [57-02
2-3
..-..-."--.----..-.. - ~----
E.XHIBIT A
Excerpt from 9/16/04 Safety Commission meeting.
7. Report on vacatinQ an easement for the partial pedestrian path located between 624 and 626
Mariposa Circle
It was brought to City staffs attention that a pedestrian path located between 624 and 626 Mariposa
Circle was subject to constant vandalism and for the past few years, has been closed off by the adjoining
property owner. In addition, since this pedestrian path has not been granted across the adjoining
church's property to the south, there was a greater concern about the pedestrian path's impact on the
safety of the children attending the Covenant Christian School and the Greg Rogers School.
Sr. Civil Engineer Nuhaily showed a Powerpoint presentation. He stated that staff has received two
letters. The first letter received back in April requesting the closure of the pedestrian path and the second
letter from the resident of 624 Mariposa supporting staffs recommendation to vacate the easement. He
also stated that the property owner of 624 Mariposa agrees with staffs recommendation. He clarified the
City will not expend any funds to remove the wall on the property. This will be done by the property
owner. He also clarified that if the Commission votes to accept staff recommendation, the easement will
revert back to the property owner of 624 Mariposa.
Staff Recommendaton: To vacate the 6-foot wide pedestrian easement between 624 and 626 Mariposa
Circle.
Public hearing opened.
The following persons spoke in favor of staffs recommendation:
1. Ms. Joann Bonner, 626 Mariposa Circle, Chula Vista, CA
2. Chuck Teaman, 517 Kiley Road, Chula Vista, CA (representing Covenant Christian School)
3. Bill Adsit, 871 Verin Lane, Chula Vista, CA (representing Bayview Orthodox Presbyterian Church)
Mr. Adsit submitted photos showing vandalism at the church.
Public hearing closed.
Commission Discussion: Commissioner AI-Ghafry asked if the property owner of 624 Mariposa has
agreed to the vacation proceedings and if so, are there timelines/conditions they must meet. Mr. Nuhaily
stated that the letter they received from the property owner was from out-of-state. They expressed
support for staffs recommendation. He clarified that the easement will revert back to the property owner
and what happens after that is up to the property owner. Commissioner AI-Ghafry asked as part of the
vacation proceedings, a requirement be included that the property owner close off the frontage of the
easement. Mr. Nuhaily stated that would be taken into account. Both Commissioners Perrett and Lopez
agreed with Commissioner AI-Ghafry's suggestion.
Commissioners Willett and Perrett stated they supported staff recommendation with Commissioner
Perrett expressing concern about the closure of the front and back entrances. Chair White clarified that if
the easement is vacated all improvements will be borne by the property owner. Mr. Nuhaily stated that
the suggestion to make the property improvement a condition of the easement vacation will be
researched and if possible, included in the vacation proceedings. He again clarified that the City will not
be responsible financially for any physical changes on that property.
MSUC (Gove/AI-Ghafry) to vacate the 6-foot wide pedestrian easement between 624 and 626 Mariposa
Circle and to include closing off the front entrance on Mariposa and the back entrance adjacent to the
church property. (7-0)
J:\Engineer\safety\Excerpt from 9-16-04 mtg.doc
2-4
^.__......._--,~-- _.-.--------_._-
N EXHIBIT B
W*E ~,~
PEDESTRIAN EASEMENTWITHIN ""
s 624 MARIPOSA CIRCLE, cm OF
CHULA VISTA, CA CHULA VISTA
NTS
DRAWN BY: SH DATE: 10/08/04
2-5
.. ---.------.------...-.-.-- .._-~_._..._-_.
EXHIBIT C
624 Mariposa
Circle
Pedestrian easement within 624 Mariposa Circle, Chula Vista,
California. View of easement from Mariposa Circle looking south.
Metal bollards set the limits of the pedestrian easement
and the property of 505 East Naples Street (Bayview
Orthodox Presbyterian Church).
The pedestrian easement is subject
2-6 to constant vandalism
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RESOLUTION NO. 2004-
RESOLUTION OF INTENTION OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA FOR SETTING A
PUBLIC HEARING FOR DECEMBER 14, 2004 TO
CONSIDER VACATING A PEDESTRIAN EASEMENT
LOCATED WITHIN 624 MARIPOSA CIRCLE (APN: 639-
682-31-00)
WHEREAS, the City of Chula Vista is commencing the vacation proceedings for the 6-
foot wide pedestrian easement located within 624 Mariposa Circle (APN: 639-682-31-00) on its
own initiative and at the request of the adjacent property owner; and,
WHEREAS, The aforementioned pedestrian easement does not provide access to a
public street as originally intended, but to the adjacent private property located at 505 East
Naples Street; and,
WHEREAS, in order to process the vacation of the pedestrian easement, Council must
first adopt a resolution of intention and set a public hearing in accordance with Part 3, Chapter 3
of the California Streets and Highways Code; and,
WHEREAS, it is recommended by City staff that Council hold a public hearing on this
matter on Tuesday, December 14, 2004, at 6:00 p.m. in the Council Chambers, located in the
Public Services Building, 276 Fourth Ave, Chula Vista, CA 91910.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula
Vista does hereby set a public hearing on Tuesday, December 14, 2004, at 6:00 p.m. in the
Council Chambers, located in the Public Services Building, 276 Fourth Ave, Chula Vista, CA
91910 to consider vacating the 6-foot wide pedestrian easement located within 624 Mariposa
Circle, as shown in Exhibit A.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to post the notice
of the public hearing in accordance with the Streets and Highways Code and City ordinances.
Presented by Approved as to form by
:Dcv-. î . H-~~
Jack Griffin Ann Moore
Director of General Services City Attorney
J :\Engineer\ADVPLAN\Citizen Request\Mariposa\RESOLUTION ,sh.doc
2-8
..-.--..,--..-'.--.-. .---.---..,-.------'-.----------
COUNCIL AGENDA STATEMENT
Item 3
Meeting Date 11/09/2004
ITEM TITLE: Resolution awarding a Purchase Agreement to Pearpoint, Inc. for
$224,330.91 for one TV van, Flexi-Data Software and equipment through
a cooperative purchase with the City of San Diego
SUBMITTED BY: Directm of""'" W 0'(0,="00' J'
Director of Financ,u
REVIEWED BY: City ManagerØ (4/5 Vote: Yes_No-X)
The City of Chula Vista is participating in a current City of San Diego bid from Pearpoint, Inc.
for the purchase of one TV van and equipment. The City of Chula Vista Municipal Code Section
2.56.140 and Council Resolution No. 6132 authorize the Purchasing Agent to participate in
cooperative bids with other government agencies for the purchase of materials of common usage.
There are no vendors in the City of Chula Vista that normally fumish this type of heavy
equipment.
RECOMMENDATION: That the City Council award a Purchase Agreement for one TV van,
Flexi-Data Software and equipment to Pearpoint, Inc.
BOARD/COMMISSION RECOMMENDATION: N/ A
DISCUSSION:
On October 12, 2004, City Council approved an appropriation of funds for the purchase of one
TV van, FIexi-Data Software and equipment to be utilized to video all the City's wastewater
lines. The existing TV crew utilizes software and equipment purchased from Pearpoint and the
new software and equipment will be compatible. To ensure that TV inspections continue even if
the equipment breaks down, staff will be purchasing two sets of cameras, crawlers, and
lightheads. The City's wastewater system currently consists of approximately 380 miles. This
resolution is to award the purchase agreement for the approved TV van.
FISCAL IMPACT:
The net total cost including taxes is $224,330.91. This amount has been appropriated in the
Sewer Facilities Replacement Fund for the purchase of a TV van, Flexi-Data Software and
equipment. There is no impact to the General Fund.
C:\Documents and Settings\robertb\My Documents\Bob\equipment\A113 Purchase Agreement forTY Van.doc
3-1
-,_..._,~.._._._-- -""'.-.--.--.
PEARPOINT, INC.
72-055 Corporate Way
Thousand Palms, CA 92276
(760) 343-7350
Fax (760) 343-7351
www.pearpoint.com
In reference to San Diego's
public bid & pricing # 3237-00-8
To: CITY OF CHULA VISTA Proposal: 10117
Mr. Dave McRoberts Date: November 2, 2004
1800 Maxwell Rd FOB: Destination
Chula Vista, CA 91911 Delivery: 120 Days or Less ARO
619-397-6009 Validity: 30 Days
619-397-6259 Fax State/Local Taxes: If Applicable
Warranty: Two (2) Year
Payment Terms: Net 30
Pearpoint P400 series "Labeled & Listed" Television Pipeline Inspection
System Certified by Factory Mutual for use in Class I, Division 1, Gas Groups
C & D, Temperature Rating T3 Hazardous Environments.
Pearpoint "Labeled & Listed" products are only approved for use in the
hazardous environments for which they are certified when used in an
approved configuration. All Pearpoint "Labeled & Listed" products are,
therefore, components of the certified system.
Pearpoint "Labeled & Listed" camera systems have been certified by a
Nationally Recognized Testing Laboratory. Users of such systems must
ensure that they are operated and serviced according to the instructions
contained in the product User and Maintenance manuals. It is the
responsibility of the user to decide if the "Labeled & Listed" systems are
suitable for use in a particular environment.
All below ground equipment is certified and "Labeled & Listed" for use in
pipelines which are classified as Class I Division 1, Gas Groups C & D,
Temperature Rating T3. This is in accordance with The National Electrical
Code Handbook (1993). A full list of gases likely to be encountered in Groups
C & D is given in The National Electrical Code Handbook (1993). This table
also includes gas ignition temperatures.
Please note all surface power supplies, control equipment, cable drums, cable
counters, coilers and rod counters are only approved for use in non-
hazardous locations.
Pearpoint's "Labeled & Listed" camera systems are sold subject to the
Pearpoint General Conditions of Sale.
3-2 Page 1
~.--,.._._.- .-,.' ....-.- ...~_._-_._--~ ___._.,~__~__..m__ ~
P494 FLEXIVIEW SYSTEM FOR 6" AND LARGER INSPECTION
Part # Description
HC4949301-1 Flexiview Color CCD Pan and Tilt Camera (P494) $ 22,809.00
HC4949701-1 NTSC Standard CCD Camera assembly in stainless steel
waterproof to 150 psi; remotely controlled focus; automatic iris
with remote override; 1 lux sensitivity; patented on screen mimic
to assist user in camera orientation on the screen; 6" and larger
diameter pipes.
HC4949301-1 Flexiview Color CCD Pan and Tilt Camera (P494) $ 22,809.00
HC4949701-1 NTSC Standard CCD Camera assembly in stainless steel
waterproof to 150 psi; remotely controlled focus; automatic iris
with remote override; 1 lux sensitivity; patented on screen mimic
to assist user in camera orientation on the screen; 6" and larger
diameter pipes.
HU3777001-1 Camera Control Unit with Graphics Generator and $14,175.00
HU4890701 Power Supply for use in non-hazardous locations
HC0514501-1 Horizontal rackmount unit with video computer keyboard;
X4348921 camera controls including remote iris and focus; forward,
HU3204901-1 reverse, stop for tractor; RS-232 input/output; video output;
HK3992401-1 16' link cable; vertical rackmount 180V 2'r<:VV dual power
W01961218 supply for camera, lights and tractor.
HK5990101-1 Motorized Cable Reel w/1350 Feet of Cable and FM $ 23,384.00
HC0508401 approved Connectors and Footage Counter for use in
HK412JJ001 non-hazardous locations
HK412JJ002 An automatic self-feeding and take-up motorized cable reel
HK412JJ003 synchronized to the tractor to prevent drag on the tractor during
forward travel and to prevent running over the cable in reverse.
Complete with 1350 feet of cable, bumper downhole roller and
swivel-pivot arm.
HT 4200001-2 Small Crawler (P420) $ 14,703,00
HT 4200301-1 Solid brass 6 wheei drive tractor for pipe inspection from 6 and
HQ0490601 larger diameter pipes, camera adapter and cable strain relief.
HT 4200001-2 Small Crawler (P420) $ 14,703.00
HT 4200301-1 Solid brass 6 wheel drive tractor for pipe inspection from 6 and
HQ0490601 larger diameter pipes, camera adapter and cable strain relief.
HT2382301 Wheels for Small Crawler (P420) - 6" Pipe Inspection $ 325.00
Set of 6, Small 2.5" diameter molded wheels, solid rubber tires
with stainless steel core.
HT2382301 Wheels for Small Crawler (P420) - 6" Pipe Inspection $ 325.00
Set of 6, Small 2.5" diameter molded wheels, solid rubber tires
with stainless steel core.
HT2382401 Wheels for Small Crawler (P420) - 8" - 10" Pipe Inspection $ 903.00
Set of 6, Large 4.5" diameter solid rubber tires with stainless
steel wheel.
HT2382401 Wheels for Small Crawler (P420) - 8" - 10" Pipe Inspection $ 903.00
Set of 6, Large 4.5" diameter solid rubber tires with stainless
steel wheel.
3-3
Paoe 2
,--.-..----., _,..'u~~_ ..__
HT2382602 Wheels for Small Crawler (P420) -12" - 24" Pipe Inspection $ 600.00
Set of 4, Ex-Large 6" diameter aluminum wheels with pneumatic
rubber tires.
HT238PVC4 PVC Wheels 4", set of 8 total wheels $ 1,400.00
H14200501-1 Lighthead for Small Crawler (P420) $ 2,800.00
40 watt lighthead for 6"- 8" pipe visibility.
H14200501-1 Lighthead for Small Crawler (P420) $ 2,800.00
40 watt lighthead for 6"- 8" pipe visibility.
H14200601-1 Lighthead for Small Crawler (P420) $ 3,500.00
110 Watt lighthead with Side Lights for 8" and larger diameter
pipe visibility.
H14200601-1 Lighthead for Small Crawler (P420) $ 3,500.00
110 Watt lighthead with Side Lights for 8" and larger diameter
pipe visibility.
HK413ENZUSA Downhole Roller Assembly Set $ 900.00
HK412JJ001 (1) Downhole Assembly
0653818T21 (1) Downhole Roller
009720150BT (1) Top Manhole Roller
(1) 50' rope
(4) 6' Aluminum Poles
RD4000 LOCATOR & BENDI SONDE $ 2,370.00
P494 FLEXIVIEW SYSTEM TOTAL $13290900
3-4
Paoe 3
"-.- --.-. ----~--- ._~_M·,___···_
VEHICLE & CONVERSION
CHASSIS/BOX
· 2004 GMC,6.0 VB Gas engine, automatic transmission, cab air conditioning, AM/FM radio,
14,100 GVWR
· 16' van body w/roll up rear doors w/barlock
EXTERIOR
· Marine type (2) "shore power" connections (30 amps) to exterior of vehicle
w/50' ex!. cords; requires 30 amp outlet in building
· Directional light bar
· Two (2) - 1.5 Million Candle Power Beacons
· Exterior fiood lights
· Back-up alarm
· Fold-up bumper crane (in place of heavy-duty bumper)
CONTROL ROOM
· 7.0 KYA On an gas air-cooled generator, CMM 7000 GenSet with muffler
· Floor mount w/Slide out brackets for full accessibility
· Pearpoint designed and manufactured AC and DC Control Panels for vehicle electrical
systems
· Interior fiuorescent lighting fixtures
· Operators, secretarial-style chair with casters and arms
· Walls covered with 1/2" plywood, carpeted and insulated
· Easy-care rubberized fioor with raised non skid surface
· Storage cabinets, and control room console constructed of gray laminated lightweight MDF
· Coleman 13,000 BTU Air Conditioner with heat strip
· 18.1 Flat Screen LCDTFT Mutli Scan Monitor (used also for PC Hardware)
· Microphone and audio system for VCR
EQUIPMENT ROOM
· Bathroom
· Workbench top is 1-112" thick hardwood maple butcher block with 5-drawer tool
chest
· Diamond plate fioor in work area
· Fire extinguisher
· 38-gallon foam insulated water tank and 2.8 gpm water pump with hose and nozzle
· Sink with appropriate holding/fresh water tanks
· Towel and liquid soap dispensers
VEHICLE & CONVERSION TOTAL $ 77,266.00
3-5
Pace 4
- ---.-.-"-.... ~.~~.. ---.- '---"----' --.--
SOFTWARE
flexidata"" License for Full Reporting with DVS $11,900.00
Menu based format for easy understanding of functions. All defect and pipe detail codes can be
customer modified. All Data is stored in Microsoft Access tables for easy export into standard
formats including WinCan. Hansen NDEU (Neztek Data Exchange Utility) fully supported. Entry
formats supported inciude WRc and PACP.
Databases contain all relevant information on Pipes and Projects including CCTV or Inciinometer
inspections. When a new database is created, all fiies needed to store information for that
database are created seamlessly for the user. All filters, coding and database functions are built
into flex/data so it is not necessary to open external programs.
User can do Basic sort and Filter on user defined fields to customize reports. All reports can be
printed in batch mode or individual Iv. Reports are color-coded to five defect categories or grade
values for easy viewing and identifying of critical pipes. Score reports that tally the total score,
mean score (total score divided by number of defects) and mean pipe score (total score divided
by total footage) are available to aid in evaluating pipe rehabiiitation needs. Password protection
available that allows the Supervisor to make survey fields mandatory for the CCTV operator,
Caption editor allows customizing of all information that will be displayed on the video signal from
flexidata. Paraqraph editor allows you to program in standard paragraphs that can be inserted as
notes.
Surveys can be recorded as a digital MPEG 1 or MPEG2 file with links to the observation created
as the MPEG is recorded. A player program that can be distributed with the CD and installed on
any computer to display the digital movie file along with the observations with instant access to the
footage indexes is included. Full screen controls to adjust color, sharpness. Video snaps may be
taken and printed from the MPEG file or live video. Each picture is saved with a unique reference
to time, date, footage together with an absolute reference to the pipe being surveyed.
Includes site license for flexiReader a "free" read-only version of flexidata that may be
freely distributed.
Support and maintenance for six months includes 2 hour training on Webex Internet
Conference
Multi-User Discount $1,190.00
HARDWARE
Computer $ 3,512.00
Industrial rack mount computer with one year warranty, lock down bar for circuit boards in
computer interior, and exterior lockinq door to protect floppy drive and CD-ROM from dust entry.
120 GB hard drive
512 MB RAM
3.5" 1.44MB floppy drive, mouse
3.0 GHz Intel Pentium 4 CPU
Windows 2000
Plextor internal read write CD-ROM 48X write/24X rewrite/48X read
10/100 PCI network card
DVD Burner
sound card
56K modem V90
USB 2.0
video grabberNGA card.
Removable Storage consists of: Buslink USB2.0 hot swappable Hard Drive 80 GB 7200 rpm.
High Resolution bubble Jet Printer, color
UPS
3-6
Paqe 5
-_.__._--_._~--_. _._,--'..._._-_.._----~-
PEARPOINT, INC.
72-055 Corporate Way
Thousand Palms, CA 92276
(760) 343-7350
Fax (760) 343-7351
www.pearpoint.com
Summary
To: CITY OF CHULA VISTA Proposal: 10117
Mr. Dave McRoberts Date: November 2, 2004
1800 Maxwell Rd FOB: Destination
Chula Vista, CA 91911 Delivery: 120 Days or Less ARO
619-397-6009 Validity: 30 Days
619-397-6259 Fax State/Local Taxes: If Applicabie
Warranty: Two (2) Year
Payment Terms: Net 30
SUMMARY
P494 FLEXIVIEW SYSTEM TOTAL $ 130,609.00
DISCOUNT 20.00% $ (26,121.80)
SUBTOTAL $ 104,487.20
VEHICLE & CONVERSION TOTAL $ 77,266.00
FLEXIDATA SOFTWARE $ 10,710.00
PVC WHEELS $ 1,400.00
DOWNHOLE ASSEMBLY $ 900.00
HARDWARE $ 3,512.00
SUBTOTAL $ 198,275.20
CA SALES TAX 7.75% $ 15,366.33
SUBTOTAL $ 213,641.53
GRAND TOTAL $ 213,641.53 *
. Sh/ppinq at No Charqe to Customer.
CONTACT INFORMATION:
DANIEL GREGORY
3-7
Pace 6
"-.-..-..-..-.-.----- __._.___._ .__n." _._.___
SOFTWARE OPTIONS
DVS Module with MPEG1 and MPEG2 for first truck $4,500.00
Records a survey as a digital MPEG file with links to the observation created as
the MPEG is recorded. A player program that can be distributed with the CD and
installed on any computer to display the digital movie file along with the
observations with instant access to the footage indexes is included. Video snaps
may be taken and printed from the MPEG file.
flexídata® Software Support Program (Current Support expires 8/30/04) $1,800.00
· 12 Months of Support.
· Version Six Upgrade available with purchase of Support Program for a limited time.
· Up to three maintenance upgrades each year sent upon request
· Upgrades available as downloads from web page only for participants
· Reference manual updates
· Unlimited Telephone Support between the hours of 8:30 am and 4:30 pm PST
· E-Mail support with 24 hour response during work days
· Fax support with 24 hour response during work days
· Unlimited use of Web Conference Previously Recorded Training
· Two hours of Personal Web Conference Training
· Free training class for 5 users at the Thousand Palms facility (requires minimum of six months
experience with fiexidata)
GIS Module $3,750.00
Requires a Full Reporting License to create a Field Mapping tempiate that loads asset detail into
fiexidata from ESRI shape files. The complete ESRI shape file export consisting of the dbf and
shape files are required. Multiple map templates can be created if required. A bulk load of asset
detail can be done or asset groups can be selected to import into flexidata.
On the truck or in the office, with a fuil or lite license, flexidata will open a map from the map
object files. Pipes are selected from the map to survey. The asset detail from these pipes will fill
the detail fields in the flexidata survey header.
Once the survey is complete, the survey information is exported into data files to be used by the
ESRI program. Currently only dbf files are created.
3-8
Paç¡e 7
"._--~._-,.- - -..--
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AWARDING A PURCHASE AGREEMENT TO
PEARPOINT, INC. FOR $224,330.91 FOR ONE VAN, FLEXI-
DATA SOFTWARE AND EQUIPMENT THROUGH A
COOPERATIVE PURCHASE WITH THE CITY OF SAN
DIEGO
WHEREAS, Chula Vista Municipal Code, Section 2.56.140, allows for the purchase of
supplies, equipment, and services through cooperative purchasing programs with any public
agency within the United States; and
WHEREAS, the City of ChuIa Vista wishes to participate in a current City of San Diego
bid which was awarded to Pearpoint, mc. for the purchase of one TV van, Flexi-Data software
and equipment used to create video images of wastewater lines; and
WHEREAS, the City's existing TV crew currently utilizes compatible software and
equipment made by Pearpoint, mc.; and
WHEREAS, the City's Purchasing Agent has made the determination that the procedure
used in award of the TV van, software and equipment was highly competitive and consistent
with good purchasing practices; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby authorize the Purchasing Agent, through a cooperative purchase with the City
of San Diego, to enter into a $224,330.91 purchase agreement with Pearpoint, mc. for one TV
van, Flexi-Data software and equipment used to create video images of wastewater lines.
Presented by Approved as to form by
I:o-l'~
Dave Byers Ann Moore
Director of Public Works Operations City Attorney
J:\Attomey\reso\purchase agreements\PEARPOINT, INC
1
3-9
._--_.~-.,_._------- _.
COUNCIL AGENDA STATEMENT
Item 4
Meeting Date: 11/9/04
ITEM TITLE: Resolution Accepting bids, rej ecting the lowest bid and
awarding contract for the "Greg Rogers Park Improvements - Phase I
(PR169)" Project to Court Concepts, Inc. in the amount of$259,570.97.
SUBMITTED BY: Director of General service~~
REVIEWED BY: City Manager ~ ~ ('J" (4/Sths Vote: Yes_No...KJ
.(
On September 15,2004, at II :00 a.m., the Director of General Services received sealed bids for
the "Greg Rogers Park Improvements - Phase I (PR169)" project. The scope of work primarily
includes the construction of a new play area, a new picnic/shade structure and paving
improvements to provide an accessible route to these facilities from the existing parking lot at
Greg Rogers Park located at 1189 Oleander A venue in the City of Chula Vista.
RECOMMENDATION:
That Council reject the bid submitted by the apparent lowest bidder, Zasueta Contracting, Inc.,
accept the second lowest responsive bid and award the contract for the "Greg Rogers Park
Improvements - Phase I (PR169)" Project to Court Concepts, Inc. in the amount of $259,570.97.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
On August 27, 2004 the City advertised for contractors to bid on the construction of the Greg
Rogers Park Improvements - Phase I (PR169)" Project and on September 15,2004 at 11:00 a.m.
bids were received and publicly opened. The five bid proposals received were from the following
companies:
Court Concepts, Inc.
P.O. Box 710277
Santee, CA 92072-0277
Palm Engineering and Construction
960 Maria Way
Chula Vista, CA 91910
4-1
. .....-~-_..- -~--,..
Page 2, Item: 4-
Meeting Date: 11/09/04
Precise Construction Management
3970 Tynebourne Circle
San Diego, CA 92130-1219
Precision Concrete
465 E. Carmel Street
San Marcos, CA 92078
Zasueta Contracting, Inc.
P.O. Box 866
Spring Valley, CA 91976-0866
Bid Results
Bids rrom the contractors were received as follows (Bids sorted by bid amount):
CONTRACTOR BASE BID
Zasueta Contracting, Inc. $225,932.00
Court Concepts, Inc. $259,570.97
Palm Engineering and Construction $296,176.50
Precision Concrete $338,733.13
Precise Construction $362,085.00
Staff thoroughly reviewed all bids and it was determined that the lowest bidder for the project did
not meet the 'Bid Proposal' requirements. The Bid Documents expressly stated that only a
"manufacturer approved installer" could be used to install the play equipment. The
manufacturer's local supplier of the play equipment has informed city staff that Zasueta
Contracting, Inc. is not listed as an approved installer for the items specified. Furthermore,
Zasueta Contracting, Inc. failed to identify any intention to have an approved subcontractor
install the play equipment.
Zasueta Contracting requested to attend a hearing with City staff rrom General Services and the
City Attorney's Office. At that meeting they described post bid and informal discussions with a
subcontractor's staff to meet the installation requirement. They provided no other evidence or
argument at the 10-19-04 hearing to support their position.
Staff determined that Zasueta Contracting was not a "manufacturer approved installer" and that
they had failed to identifY any such subcontractor in their bid. Informal post bid discussions with
another subcontractor's staff are not sufficient to guarantee to the City that an installer approved
by the manufacturer will install the equipment. In addition, other bidders proposed formal
subcontracts with "manufacturer approved installers" which meant that Zasueta Contracting was
not bidding on an equal basis to them.
4-2
.' - --...-.-..-.--... --------_.
Page 3, Item: ~
Meeting Date: 11 09/04
At this time, staff is recommending that Council reject the bid package by Zasueta Contracting,
Inc. as non-responsive.
The second lowest responsive bid for the project was submitted by Court Concepts, Inc. The
General Services Department Staff checked the references required by the project specifications
that the contractor submitted. All references checked were verified and their work has been
satisfactory. The contractor's License Number for Court Concepts, Inc. is 747624 and is clear and
current. Staff has reviewed the bid and is recommending awarding the contract to Court
Concepts, Inc. in the amount of$259,570.97.
All bids submitted were above the project estimate. The Project was estimated at $210,000 to
$225,000 and was based on average unit prices for similar types of work completed recently.
The lowest bid acceptable was, however, within the limits of what has been appropriated for this
proj ect.
Environmental Status
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act and has determined that the project qualifies for a
Class I categorical exemption pursuant to Section 1530 I of the State CEQA Guidelines. Thus,
no further environmental review is necessary.
Disclosure Statement
A copy of the contractor's Disclosure Statement is attached.
PrevailiD!! Wal!e Statement
The project is being partially financed with State Recreation Grant funds. Based on the current
project funding guidelines, the contractors bidding this project are required to pay prevailing
wages to persons employed by them for the work under this project.
Fiscal Impact
The tables below detail the funds required and the funds available for the projects:
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount (Court Concepts, Inc.) $259,570.97
B. Contingencies $12,978.55
c. City Oversight (Administration and Inspection) $13,764.00
D. Consultant fees $7,718.48
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $294,032.00
4-3
..'-""--~-'--"- ~,..- .-_.-._-~.__..,.,~.,,--
Page 4, Item: 4
Meeting Date: 11/09/04
FUNDS AVAILABLE FOR CONSTRUCTION
A. State Recreation Grant $208,206.00
B. Park Acquisition Development (PAD) Fund $85,826.00
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $294,032,00
There are sufficient funds in the approved project budget to fully offset all costs with no impact
to the General Fund. Upon completion of the project, only routine City maintenance will be
required.
Attachment: A - Disclosure Statement, Court Concepts, Inc.
M:\General Services\GS Administration\Council Agenda\Greg Rogers Park PR169\A113 GRP PR169 Rev 2.doc
4-4
.____" .·____.0.- ..--...-.-
City of Chula Vista Disclosure Statement
PursuanUo Council Policy 101-01, prior to any action upon matters that wil1 require discretionary action
by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of
certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista
election must be filed. The fol1owing infonnation must be disclosed:
1. List the names of al1 persons having a financial interest in the property that is the subj ect of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
~ _ "< .c.--.
0:,,'.,;r (,,:,""UPi":> I :¡:. ~ "'. G
- ~ -
..1f""~Q'"
2. If any person' identified pursuant to (1) above is a corporation or partnership, list the names ofal1
individuals with a $2000 investment in the business (corporation/partnership) entity.
µ~t;- ~~'-"''''D- P"'-!S-5d) t-...:> /
\)<7\)..l'\ CpUM~ .- Jlc;..{; P",¿..s,.:><__r ( >éL/'¿f--=J....T
3. If any person' identified pursuant to (1) above is a non-profit organization or trust, list the names
of any person serving as director of the non-profit organization or as trustee or beneficiary or
trustor of the trust.
1J4r
------- ----
4. Please identify everý person, including any agents, employees, consultants, or independent
contractors you have assigned to represent you before the City in this matter.
}l¥J,;-Cc(Je<.-"''''I)- D'Ië:'io' (7 E_ r
5. Has any person' associated with this contract had any financial dealings with an official'~the
City ofChula Vista as it relates to this contract within the past 12 months? Yes_ No_
---- -------
If Yes, briefly describe the nature of the financial interest the official" may have in this contract.
16
J:\Genera] SernceslColJtracts\PR169 Greg Rogers Puk Pit l\Rev. Aug. PR169 Greg Rogers ContracLdoc
4-5
..-- . ----_..._" -.-""--....-..
~ ~
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current
member of the Chula Vista City Council? No K..Yes _If yes, which Council member?
-
7. Have you provided more than $340 (or an item of equivalent value) to an official" of the City of
Chula Vista in the past twelve (12) months? (This includes being a source of income, money to
retire a legal debt, gift, loan, etc.) Yes _ No k--
¡fYes, which official" and what was the nature of item provided?
/ ----
Date: i(h-(o..{ ~
Signatur'M.f Contractor/Applicant
K....'1JL ( ;;;()::'lA.¡l)
Print or type name of Contractor/Applicant
, Person is dermed as: any individual, fIrm, co-partnership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city,
municipality, district, or other political subdivision, -or any other group or combination acting as
a unit.
" OffIcial includes, but is not limited to: Mayor, Council member, Planning Commissioner,
Member of a board, commission, or committee of the City, employee, or staff members.
17
l:\Genera! ServiceslCOlllTacts\PRl69 Greg Rogers Park Ph tlRev. Aug. ?Rt69 Greg Rogt:r:s ConlTact.doc
4-6
..._,_.__."~"..,---- .___.__....._-n___.____
RESOLUTIOI\' NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING BIDS, REJECTING THE LOWEST BID AND
AWARDING CONTRACT FOR GREG ROGERS PARK
IMPROVEMENTS - PHASE I (PROJECT PR169) TO COURT
CONCEPTS, INe. IN THE AMOUNT OF $259,570.97
WHEREAS, on September 15, 2004, at 11:00 a.m., the Director of General Services
received sealed bids for the "Greg Rogers Park Improvements - Phase I (PRI69)" project; and
WHEREAS, five bid proposals were received from the following contractors:
Contractor Base Bid
Amount
Court Concents, Inc., Santee, CA $259,570.97
Zasueta Concepts, Inc. $225,932.00
Palm Engineering and Construction $296,176.50
Precision Concrete $338,733.13
Precise Construction $362,085.00
WHEREAS, staff has reviewed all bids and determined that the lowest bidder for the
project did not meet the 'Bid Proposal' requirements and recommends that Council reject the bid
package submitted by Zasueta Contracting, Inc; and
WHEREAS, staff has reviewed the second lowest responsive bid for the project
submitted by Court Concepts, Inc. and recommends awarding the contract to Court Concepts,
Inc. in the amount of$259,570.97; and
WHEREAS, the General Services staff checked references required by the project
specifications that the contractor submitted. All references checked were verified and their work
has been satisfactory; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act and has determined that the
project qualifies for a Class 1 categorical exemption pursuant to Section 15301 of the State
CEQA Guidelines. Thus, no further environmental review is necessary.
1
4-7
_._-~-_..,---_.-_._--- .______m___'_____
NOW, THEREFORE, be it resolved the City Council of the City of Chula Vista does
hereby reject the bid submitted by the lowest responsive bidder, Zasuata Contracting, Inc., accept
the second lowest responsive bid and award the contract for the "Greg Rogers Park
Improvements - Phase I (PR169)" project to Court Concepts, Inc. in the amount of$259,570.97.
Presented by Approved as to fOnll by
ùhv/ f /I1Jz
Jack Griffin
Director of General Services
J:\attorney\reso\bids Greg Rogers Park
2
4-8
"-"--.-..
~{ft. Council Agenda Statement
-.-
"-- --- -
-
0lY OF 5
CHUIA VISTA Item
Meeting Date 11/9/04
ITEM TITLE: A. Public Hearing - To Consider Granting a Natural Gas Utility Franchise
and Electric Utility Franchise to San Diego Gas & Electric (SDG&E).
B. Ordinance No. Granting to SDG&E Electric Company
its Successors and Assigns, the Franchise to Construct, Maintain and
Use Poles, Wires, Conduits and Appurtenances, Including
Communication Circuits, Necessary or Proper for Transmitting and
Distributing Electricity to the Public for Any and All Purposes in, Along,
Across, Upon, Under and Over the Public Streets and Places Within the
City of Chula Vista.
C. Ordinance No. Granting to SDG&E Electric Company
its Successors and Assigns, the Franchise to Install, Maintain and Use
Pipes, and Appurtenances for Transmitting and Distributing Gas to the
Public for Any and All Purposes Under, Along, Across, or Upon the
Public Streets and Places as the Same Now or May Hereafter Exist
Within the City of Chula Vista.
SUBMITTED BY: Michael T. Meacham, Director Conservation & Environmental S~
REVIEWED BY: David D. Rowlands, J~y Manager
(4/5ths Vote Yes _ No .lL)
The City and San Diego Gas & Electric (SDG&E) have concluded negotiations and the City
Council approved a Memorandum of Understanding (MOU) outlining the benefits established
through those negotiations on October 12, 2004 and are summarized herein. The City
adopted a resolution of intention to grant the franchises at its October 26, 2004 meeting. A
draft of the electricity franchise and gas franchise agreements, (Agreements) detailing the
terms and conditions of the proposed franchises where presented at that time. Minor
modifications have been made to address outstanding issues since that meeting. The final
drafts of the Agreements are attached (Attachment I and II).
RECOMMENDATION: That the City Council approve and place on first reading the
Ordinances granting a ten-year gas franchise and ten-year electric franchise, with a possible
additional new term of 20 years, to SDG&E.
BACKGROUND: SDG&E has held the City's two energy franchise Agreements since 1972.
The initial twenty-fIve-year term expired on November 30, 1997. The City granted SDG&E
five-year Agreements on September 1, 1998. Both parties agreed at the time that the five-
year term would provide an appropriate "bridge" during the implementation of electricity
deregulation in California. The City continued to communicate with SDG&E regarding
municipal energy issues and monitor Public Utilities Commission activities during that five-
5-1
...-...--- ----,_.._---~._~
Meeting Date 11/9/04
Page 2 of 1
year period. The City also began formal negotiations with SDG&E in july of 2002,
approximately one year prior to the June 30, 2003 expiration date of the existing franchise
agreements. The City concluded negotiations with SDG&E in October, and Council adopted
an MOU outlining the conceptual framework for future relations between the City and SDG&E
on October 12, 2004. On October 26, 2004 the Council approved a resolution of intention,
which set a public hearing for November 9, 2004 to accept public comment and consider
granting the proposed Agreements on the terms and conditions summarized therein.
BOARD AND COMMISION RECOMMENDATION: Not Applicable
DISCUSSION: Council's general direction to staff, at the beginning of the negotiations with
SDG&E was to obtain the best possible value in energy Agreements for the community,
without triggering the need for a surcharge or ratepayer increase. Additionally, Council
directed staff to make transmission line undergrounding their number one goal, and target the
Chula Vista Bayfront transmission lines as the first objective. Council also directed staff to
preserve future municipal energy options whenever possible. The proposed Agreements are
consistent with that direction. The following is a summary of the proposed terms and
conditions for the energy Agreements (Attachments I and II).
Items applicable to both franchise agreements:
· Franchise Fee: Franchise fee for the Electric Franchise will increase from 1.1 to
1.25%. The Gas Franchise Fee will remain at 2.0%. If the statutory Franchise Fee for
general law cities is increased during the term of the Franchise, SDG&E will pay the
higher rate to the City as soon as authorized for collection by the California Public
Utilities Commission.
· Term: The initial term for both Agreements shall be for a ten-year period commencing
on January 1, 2005 and ending December 31, 2014. Provided all of SDG&E's
obligations under the MOU are materially satisfied, SDG&E will automatically receive a
new additional 20-year term upon expiration of the initial term.
· Utility Users Tax (UUT): To the extent allowed by law, SDG&E shall collect UUT from
other electricity providers for remittance to the City.
· California Municipal Lands Use: SDG&E shall implement the provisions of California
Public Utilities Code Sections 6351, 6352, 6353, 6354 and 6354.1 and remit funds
collected to the City.
· System Upgrades: SDG&E agrees to include the City in the early implementation of
system-wide enhancements (e.g. infrastructure upgrades and ancillary services) to the
extent it is consistent with SDG&E's policy to prioritize and construct such system
enhancements.
· Indemnity: SDG&E will indemnify and hold the City harmless for liabilities proximately
resulting from any operations under the franchises.
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Meeting Date 11/9/04
Page 3 of 1
The following item is applicable only to the Electric Franchise:
· Rule 20A - Undergrounding: SDG&E agrees to expend the City's existing Rule 20A
allocation of approximately $5 million towards the completion of undergrounding
projects identified in the MOU or as directed by the City. In addition, new allocations
of monies that may be drawn down for future undergrounding projects shall be made
at the rate of $2 million per year.
The City and SDG&E have agreed to a number of other important community benefits that
are outlined in the MOU. A summary of the additional benefits in the MOU is as follows:
· The City and SDGE will work together at the California Public Utilities Commission
("CPUC") to have the proposed 230kV line along the Bayfront corridor undergrounded
and the removal of two of the existing 138 kV lines and supporting structures, at an
estimated cost of $36-41 million.
· The City and SDG&E will work together at the CPUC to accomplish the
undergrounding of the remaining 138kV lines and supporting structures, along the
Bayfront corridor from the existing power plant area to the Sweetwater River, which is
anticipated to occur before the end of 2008. This will be accomplished through the
use of some City 20A funds, which are estimated at $14 million. If needed, SDG&E
has agreed to advance the City up to $10 million of its 20A funds interest free to
complete the City portion of this undergrounding.
· The City has preserved its right to pursue Greenfield Development. If SDG&E fails to
fulfill their commitment to underground the Bayfront, by March 2010, the City can
initiate the option to do Greenfield Development.
· SDG&E has committed to work with the City to place future facilities along the Bayfront
underground and to maintain this area as an underground district.
· SDG&E commits to continue the City's 20A funding at a rate of $2 million per year for
the term of the electric franchise, which is the highest paid in SDG&E's territory and
will total $20 million.
· If all necessary federal, state and local permits are received and an alternative site can
be identified, SDG&E will, at its sole cost, relocate the existing switchyard from the
power plant site, at an estimated cost of $50 million.
· SDG&E will spend $375,000 on the creation of parks on the west side of Chula Vista
along its transmission corridor.
· SDG&E will spend $105,000 to screen and beautify existing substations within the
City.
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Meeting Date 11/9/04
Page 4 of 1
· SDG&E will cooperate with the City's efforts to become a Community Choice
Aggregator
· Over the next five years, SDG&E will spend approximately $2 million annually to
ensure Chula Vista customers receive a representative portion of current and future
energy conservation and renewable energy projects for a value of $10 million. In
addition, SDG&E agrees to cooperatively work with the City to continue such Public
Purpose Funding for the life of the Franchise.
· SDG&E will use the City as its exclusive issuer of SDG&E's Industrial Development
Bond issues. They estimate issuing $1.5 billion for projects within the next 10 years.
SDG&E has agreed to increase the City's fee from 25 basis points plus costs to 35
basis points plus costs, which will generate a net increase of approximately $1.5
million.
· Upon adoption of the franchise agreements, SDG&E will be the provider of electricity
to the Chula Vista residents and businesses; however, those same customers will
have the option to select the City as their electricity provider. The MOU maintains the
City's ability to pursue Community Choice Aggregation once the rules and regulations
are established by the CPUC.
The benefits established in the proposed Franchise Agreements and the MOU are part of the
current rate structure, and according to the City's discussions with SDG&E, these benefits will
not require a surcharge or rate increase. Should SDG&E fail to fulfill its responsibility to
underground the Bayfront transmission lines by March 2010, the City shall have the right to
pursue Greenfield Development. If the City chooses to pursue Greenfield Development,
SDG&E shall have the right to reduce the franchise fee rate for both Agreements to the
statutory rate provided for general law cities. By adopting the proposed resolution, the City
Council will grant two franchise Agreements to SDG&E under the terms and conditions
described herein.
Since the adoption of the resolution of intention on October 26, 2004, staff has continued to
work with SDG&E to finalize the provisions of the Agreements. A number of minor wording
changes have been incorporated to clarify the terms of the Agreements. Of significance is a
modification to the way the payment to the City is calculated. Previously, SDG&E made a
payment in August based upon the previous years franchise fee. Staff has found this has
resulted in accounting issues and overpayments. As a result the new franchise has the
August payment based upon actual gross receipts. Additionally, provisions have been added
or modified to allow the City to sue for forfeiture of the franchise in certain situations and to
require SDG&E to notify the City of any sale or transfer of the franchise. The indemnification
clause has been modified to include a comprehensive provision requiring SDG&E to
indemnify and hold harmless the City and its officers from any and all liability for damages
proximately resulting from any operations under the franchise.
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Meeting Date 11/9/04
Page 5 of 1
FISCAL IMPACT: Council's approval of staff's recommendation will generate a net increase
to the General Fund. If the Council elects to approve the proposed Agreements, the
electricity franchise fee rate will increase from 1.1 % to 1.25% and generate approximately
$2.1 million in new revenues during the initial ten-year term of the franchise.
Separate from the proposed Agreements, the general fund would receive; a one-time
payment of $250,000, and up to $1.5 million in additional Industrial Development Bond
processing fees over the initial ten-year agreement term. Additionally, at the end of the initial
term and later, the City is likely to benefit from increased land values that are a result of the
energy infrastructure improvements and increased development opportunities. The general
fund is also likely to generate substantial avoided costs from the implementation of public
energy conservation or renewable projects partially funded under the renewable energy and
related public purpose programs.
Attachments: DRAFT Gas Franchise Agreement
DRAFT Electric Franchise Agreement
Mtm:SDG&EIMOU-Franchise/final-cas granting gas-elec-11 ~2-04
5-5
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AN ORDINANCE GRANTING TO SAN DIEGO GAS & ELECTRIC
COMPANY, ITS SUCCESSORS AND ASSIGNS, THE
FRANCHISE TO CONSTRUCT, MAINTAIN AND USE POLES,
WIRES, CONDUITS AND APPURTENANCES, INCLUDING
COMMUNICATION CIRCUITS, NECESSARY OR PROPER FOR
TRANSMITTING AND DISTRIBUTING ELECTRICITY TO THE
PUBLIC FOR ANY AND ALL PURPOSES IN, ALONG,
ACROSS, UPON, UNDER, AND OVER THE PUBLIC STREETS
AND PLACES WITHIN THE CITY OF CHULA VISTA
WHEREAS, in 1998, in accordance with Article XII
of the City Charter, City granted an electric franchise
(UOriginal Franchise") to San Diego Gas & Electric
Company(USDG&E" or uGrantee") pursuant to Ordinance No.
2746; and
WHEREAS, the Original Franchise has expired and
City staff and SDG&E representatives have negotiated the
terms for a new franchise (UNew Franchise"); and
WHEREAS, on October 26, 2004, pursuant to City
Council Resolution No. , the City approved a resolution
of intention to consider the adoption of the New Franchise
and set a public hearing for such purpose on November 9,
2004 at 6: 00 p .m, ; and
WHEREAS, on November 9, 2004, a duly noticed
public hearing was held on the New Franchise, and all
public testimony was reviewed and considered by the City
Council, including the City Manager's recommendation to
approve the New Franchise, and the City Council approved
the placement of this ordinance approving the New Franchise
on first reading; and
WHEREAS, on November , 2004, the City Council
considered the New Franchise for second reading and
adoption.
NOW, THEREFORE, the City Council of the City of
Chula Vista does hereby ordain as follows:
A. PROTESTS OVERRULED.
Any and all protests or objections presented to the
granting of the New Franchise are hereby overruled,
1
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B. TERMS AND CONDITIONS OF NEW FRANCHISE.
SECTION 1. DEFINITIONS.
Whenever in this ordinance the words or phrases
hereinafter in this section defined are used, they shall
have the respective meaning assigned to them in the
following definitions (unless, in the given instance, the
context wherein they are used shall clearly import a
different meaning) .
(a) The word "Grantee" shall mean San Diego Gas
& Electric Company, and its lawful successors or assigns,
(b) The word "City" shall mean the City of Chula
Vista, a municipal corporation of the State of California,
in its present incorporated form or as a chartered City, in
any later reorganized, consolidated, enlarged or
reincorporated form.
(c) The word ustreets" shall mean the public
streets, ways, alleys and places as the same now or may
hereafter exist within said City, including state highways,
now or hereafter established within said City, and freeways
hereafter established within said City.
(d) The phrase "poles, wires, conduits and
appurtenances" shall mean poles, towers, supports, wires,
conductors, cables, guys, stubs, platforms, crossarms,
braces, transformers, insulators, conduits, ducts, vaults,
manholes, meters, cut-outs, switches, coxmnunication
circuits, appliances, attachments, appurtenances and any
other property located or to be located in, upon, along,
across, under or over the streets of the City, and used or
useful in the transmission and/or distribution of
electricity.
(e) The phrase "construct, maintain, and use"
shall mean to construct, erect, install, lay, operate,
maintain, use, repair, or replace.
(f) The phrase "gross receipts" shall mean all
gross operating revenues received by Grantee from the sale
of electricity to Grantee's customers with points of
service within the corporate limits of the City (including,
but not limited to, sales to military reservations with
points of service within the City's corporate limits) which
are credited in Account Nos, 440, 442, 444, 445 and 446 of
the current Uniform System of Accounts of the Federal Power
Commission as adopted by the California Public Utilities
Commission ("CPUC" ) or similar superseding accounts less
uncollectible amounts and less any refunds or rebates made
by Grantee to such customers pursuant to orders or
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_ _.._...·..."_U__~_..._·__ _ .....___.__..__.... ...~_.___..__
decisions of the California public Utilities Commission,
(g) The phrase "Utility Users' Tax" shall mean
the local taxes added to utility bills of residential and
commercial utility customers as defined in Chula vista
Municipal Code, Chapter 3.44 entitled "Utility Users' Tax".
SECTION 2. GRANT OF FRANCHISE.
The franchise to construct, maintain and use
poles, wires 1 conduits and appurtenances, including
communication circuits, necessary or proper for
transmitting and distributing electricity to the public for
any and all purposes in, along, across, upon, under, and
over the public streets, ways and places within said City
is hereby granted to San Diego Gas & Electric Company, its
successors and assigns, The City will not participate in
the provision of any such electric transmission or
Distribution Services by itself, or by others within its
jurisdictional boundaries for the term of this franchise
however, excluding the sale of electric commodity to
consumers, or power generation as may be permitted by law
and as may be provided in Section I.8.A and I.14.A of the
Memorandum of Understanding between the City and SDG&E
approved by Resolution No. ("MOU") . "Distribution
Services" shall mean the ownership and or operation by the
City itself, or with or by any third party, of any
facilities, including pipes, wires, and electric utility
plant and related services for the transmission or
distribution delivery of electricity to consumers within
the boundaries of the City. This franchise is granted
upon each and every condition herein contained, and shall
ever be strictly construed, Nothing shall pass by the
franchise granted hereby to Grantee unless it be granted in
plain and unambiguous terms. Each of said conditions is a
material and essential condition to the granting of said
franchise.
SECTION 3. TERM.
Said franchise shall commence on January 1, 2005
and shall have a primary term of ten (10) years and shall
be automatically extended for a new term for an additional
twenty (20) year period upon Grantee's material
satisfaction of all of the obligations of the MOU.
Throughout such term said franchise shall endure in full
force and effect until the same shall, with the consent of
the public Utilities Commission of the State of California,
be voluntarily surrendered or abandoned by the Grantee, or
until the state or some municipal or public corporation
thereunto duly authorized by law shall purchase by
voluntary agreement or shall condemn and take under the
5-8 3
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power of eminent domain, all property actually used and
useful in the exercise of said franchise and situate in the
territorial limits of the state, municipal, or public
corporation purchasing or condemning such property, or
until said franchise shall be forfeited for non-compliance
with its terms by the Grantee.
SECTION 4, CONSIDERATION,
(a) Franchise Fees. The Grantee of said
franchise shall, during the term thereof, pay to the City
one and twenty-five hundredths per cent (1.25%) of the
gross annual receipts of said Grantee within the corporate
limits of the City. In the event that during the term of
this franchise the statutory electric franchise fee paid to
general law cities in California is increased to be more
than the 1.25% of gross annual receipts as defined herein,
the fee to City shall be adjusted to equal such new fee.
This adjustment to the fee will become effective as of the
date Grantee is authorized by the CPUC to collect such
increased amount to the City in its rates. In the event
City does not meet its obligations pursuant to Section 2
hereof this franchise fee will be reduced to that paid to
California general law cities.
(b) Utility User's Tax-Collection Services, To
the extent permitted by law, and solely for those customers
within the corporate limits of the City billed directly by
Grantee (including customers purchasing power from other
electricity providers), Grantee agrees to collect the
City's Utility Users' Tax and remit same to the City on a
monthly basis, No additions or deletions to the parties
subject to this tax shall be made absent the mutual
agreement of the parties.
(c) California Municipal Public Lands Use
Charge, Grantee shall implement the provisions of·
California public Utilities Code Sections 6351, 6352,
6353, 6354 and 6354,1 applicable to a customer who
receives electric transmission or distribution service
subject to this franchise, and remit such funds collected
to the City.
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SECTION 5. REPORTS, DATES OF PAYMENT AND CITY AUDITS.
(a) The Grantee shall file with the Director
of Finance of said City, within three months after the
expiration of the calendar year, or fractional calendar
year, following the date of the granting hereof, and within
three months after the expiration of each and every
calendar year thereafter, a duly verified statement showing
in detail the total gross receipts of such Grantee during
the preceding calendar year, or such fractional calendar
year, from the sale of electricity within said City.
(b) Such Grantee shall pay to said City by no
later than the end of August of the following calendar
year, an amount equal to said franchise fee for the first
six months of each year ("Initial Payment"). The Initial
Payment shall be calculated using Grantee's actual gross
receipts from January 1 through June 30 of each year.
Grantee shall pay to City by no later than the end of March
of the following calendar year a true-up payment in an
amount which, when added to the Initial Payment above,
constitutes the City's annual franchise fee for the
preceding calendar year.
(c) California Municipal Public Lands Use
Charges collected by Grantee pursuant to Section 4(c) shall
also be paid in accordance with this schedule.
(d) Any neglect, omission, or refusal by said
Grantee to file such verified statement, or to pay said
percentage at the time and in the manner specified, shall
be grounds for the declaration of a forfeiture of this
franchise and all rights of Grantee hereunder.
SECTION 6, COMPLIANCE WITH LAWS.
(a) In General. All facilities or equipment of
Grantee that Grantee shall construct, maintain and use or
remove, pursuant to the provisions of the franchise granted
herein shall be accomplished in accordance with the
ordinances I rules and regulations of City now or as
hereafter adopted consistent with such rules and
regulations as are promulgated under state law, or orders
of the California Public Utilities Commission or other
governmental authority having jurisdiction.
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SECTION 7. ADMINISTRATIVE PRACTICES,
(a) Installation, Maintenance, Repair and
Removal of Facilities, Grantee and City shall cooperate in
preparing a manual of administrative practices which shall
govern the permitting, installation, maintenance, repair
and removal of Grantee's facilities in the streets of City
which shall include, but not be limited to, cathodic
protection and street repair standards practices. Once each
year, commencing with the first full calendar year of the
franchise granted herein, it is to be the joint
responsibility of Grantee and City to review and update
such administrative practices. Both Grantee and City are
charged with the duty to prepare, review, and update such
administrative practices by a method of mutual cooperation
which shall take into consideration reasonable needs and
convenience of each party in order to streamline permitting
by e.g. development of master permits and to minimize
costs. Following the preparation of said manual, and its
approval by the City Council, it shall govern the practices
of City and the Grantee in issuance of permits and
installation, maintenance and removal of Grantee's
facilities in the streets of City.
(b) System Upgrades. Grantee agrees to include
the City in the early implementation of system-wide
enhancements (e,g. infrastructure upgrades and ancillary
services) to the extent such inclusion is consistent with
Grantee's then policy to prioritize and construct such
system enhancements based on the condition of existing
infrastructure in Grantee's service territory.
SECTION 8, CITY RESERVED POWERS.
(a) Consistent with the terms of Section 2
herein City reserves the right for itself to lay,
construct, erect, install, use, operate, repair, replace,
remove I relocate, regrade or maintain below surface or
above surface improvements of any type or description in,
upon, along, across, under or over the streets of the City,
City further reserves the right to relocate, remove,
vacate, or replace the streets themselves. If the necessary
exercise of the aforementioned reserve rights conflicts
with any poles, wires, conduits, and appurtenances of
Grantee constructed, maintained, and used pursuant to the
provisions of the franchise granted hereby, whether
previously constructed, maintained and used or not, Grantee
shall, without cost or expense to City within ninety (90)
days after written notice from the City Manager, or his
designated representative, and request so to do, begin the
physical field construction of changing the location of all
facilities or equipment so conflicting. Grantee shall
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proceed promptly to complete such required work,
(b) Notwithstanding anything else in this
ordinance to the contrary, the City's right to be an
electricity generator retailer, to the extent permitted by
law, shall not be limited in any manner by the granting of
this franchise.
SECTION 9. UNDERGROUNDING OF FACILITIES,
(a) presently Grantee is engaged in a program of
converting to underground certain of its facilities in
accordance with Decision No,73078 of the California public
Utilities Commission, At this time, such decision requires
Grantee to budget prior to the end of each calendar year
certain sums of money for said program for the next
succeeding year and allocate these sums to undergrounding
projects in the various governmental jurisdictions
throughout Grantee's entire electric service territory on
the basis of the number of electric customers in each
governmental jurisdiction.
(b) Grantee acknowledges and agrees as follows:
(1) as of october 1, 2004 the City's CPUC Rule 20A Fund
allocation balance is approximately $ 5 million. In
addition to its obligation to spend existing balances of
CPUC Rule 20A Funds, as provided above, during the term of
this franchise, Grantee agrees to allocate two million
dollars per year of CPUC Rule 20A funds to the City, The
Parties have agreed upon specific terms for the allocations
of and construction of projects related to such 20A funds
set forth in the MOU. Grantee shall not reallocate such
monies for any other purpose except with the agreement of
the City unless pursuant to CPUC directive. City and
Grantee shall meet and confer in the event a proceeding is
instituted at the CPUC related to Rule 20A funds to ensure
the intent of this provision is realized.
(c) The City must create the undergrounding
districts in a timely manner to give all participants
sufficient time to design and build. Changes in the order
of project development must be mutually agreed upon at
least 12 months in advance, The City must take an active
role in requiring customers to complete their work and to
involve telephone and cable companies in the projects, If
right-of-way becomes an issue with any project, Grantee may
seek help from the City to resolve the issues.
(d) Grantee agrees to apply for approval of
budgeted expenditures of CPUC Rule 20A funds to the extent
mandated by the CPUC each year as necessary to implement
its obligations under this Section and the MOU. Grantee is
5-12 7
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responsible for its own actions and those things within its
control. Grantee will not be held liable for nonperformance
by telephone system operators, water companies, or other
communications or cable system operators, City or
customers,
(e) Except as provided in the MOU, nothing
contained herein is intended to prevent Grantee from
informing City and the California Public Utilities
Commission of then existing or foreseeable economic
conditions or other factors which in the opinion of Grantee
make unwise the granting in whole or in part, of the
particular annual application.
(f) This section is intended only to be a portion
of the consideration to be paid by Grantee to City for the
rights and privileges granted herein and therefore it does
not create or confer any rights or obligations to anyone
other than City or Grantee,
SECTION 10. Duties and Liabilities
(a) Suit for forfeiture of franchise. The City
may sue in its own name for the forfeiture of this
franchise, in the event of noncompliance with any of the
material conditions thereof by the Grantee, its successors,
or assigns.
(b) Indemnity, The Grantee shall indemnify and
hold harmless the City and its officers from all liability
for damages proximately resulting from any operations under
the franchise.
(c) Notification of City of sale or transfer of
franchise, The Grantee shall file with the legislative body
of the City within thirty (30) days after any sale,
transfer, assignment, or lease of the franchise or any part
thereo f , or any of the rights or privileges granted
thereby, written evidence of the transaction certified to
by the Grantee or its duly authorized officers.
5-13 8
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SECTION ll. REPAIR COSTS.
Grantee shall pay to City on demand the cost of
all repairs to City property made necessary by any of the
operations of Grantee under the franchise granted hereby,
provided, however, that Grantee may make repairs to
streets, sidewalks, curbs and gutters itself at its own
cost in accordance with City and Grantee's previously
agreed specifications if the same can be done without undue
inconvenience to the public use of the streets.
SECTION 12. FORFEITURE AND OTHER REMEDIES.
If Grantee shall fail, neglect or refuse to
.comp1y with any of the conditions of the franchise granted
hereby, and if such failure, neglect or refusal shall
continue for more than thirty (30) days after written
demand by the City Manager for compliance therewith, then
City, by the City Council, in addition to all rights and
remedies allowed by law, thereupon may terminate the
rights, privilege, and franchise granted in and by this
ordinance, and all the rights, privileges and the franchise
of Grantee granted hereby shall thereupon be at an end,
Thereupon and immediately, Grantee shall surrender all
rights and privileges in and to the franchise granted
hereby. No provision herein made for the purpose of
securing the enforcement of the terms and conditions of the
franchise granted hereby shall be deemed an exclusive
remedy or to afford the exclusive procedure for the
enforcement of said terms and conditions, but the remedies
and procedure outlined herein or provided, including
forfeiture, shall be deemed to be cumulative.
SECTION 13, ACQUISITION AND VALUATION.
Nothing in this ordinance or in the franchise
granted hereby shall be construed as in any way impairing
City's rights to acquire property of Grantee through the
exercise of City's power of eminent domain, or through
voluntary agreement between City and Grantee, except as
provided in the MOU, In the event that City chooses to
exercise its power of eminent domain, it shall do so in
accordance with the procedures provided by the general law
of the State of California for the condemnation of public
utility property. The valuation of such property for
condemnation purposes shall be made in accordance with such
general law.
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SECTION 14. AUTHORITY FOR GRANT.
Notwithstanding any other provision herein
contained, this franchise is granted solely and exclusively
under Section 1200, 1201, 1202, 1203, 1204, 1205 and 1206
of Article XII of the Charter of the City of Chula Vista
and Chapter 5.30 of the Chula Vista Municipal Code. This
franchise is granted subject to any and all additional
terms and conditions contained herein.
SECTION 15. EFFECTIVE DATE.
Subject to the requirements of Section 17, this
ordinance) shall become effective thirty days after its
final passage, Upon the effectiveness of this ordinance,
the commencement of the term shall be January 1, 2005 as
provided in Section 3.
SECTION 16. PUBLICATION COSTS.
The Grantee of said franchise shall pay to the
City a sum of money sufficient to reimburse it for all
publication expenses incurred by it in connection with the
granting thereof; such payment to be made within thirty
(30) days after the City shall have furnished such Grantee
with a written statement of such expenses.
SECTION 17, WRITTEN ACCEPTANCE,
The franchise granted hereby shall not become
effective until written acceptance thereof, in a form
approved by the City Attorney, shall have been filed by the
Grantee with the City Clerk.
SECTION 18. PUBLICATION.
The City Clerk shall cause this ordinance to be
published once within fifteen (15) days after its passage
in the Chula Vista Star News, a newspaper of general
circulation published and circulated in said City.
SECTION 19. MISCELLANEOUS OBLIGATIONS.
(a) Notice of Significant Transactions. Grantee
agrees to provide as much reasonable advance notice as is
legally permissible to the City regarding any mergers,
buyouts, spin-offs or other transactions materially
affecting the nature of the entity to which the City grants
this franchise, Such notice shall be consistent with
Grantee's obligations under the law relating to disclosures
and the limitations placed upon Grantee.
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NOV-04-2004 16:38 SEMPRA ENERGY LEGAL DEPT. 619 696 4377 P.04/04
GlU\N'1'ZZ' S ACCEPTANCE:
By its signatuze heretD, Grantee accepts the
franchise qranted. hereby and. agrees to be bound. and. abid.e
by all covenants, te~s and. cDncl.itions contained herein,
Grantee warrants and. represents t.hat. it is authorized. to
enter into this Franchise AqreelÌlent and t.hat the pari:y
executing this franchi.se on its beha~f is d.uJ.y authorized.
to do so, without. the need for any further action,
ACENOWLEDc;ED AIm AGREED:
San Diego Gas & Elect.ric
Company
ß}i:~~ - e-ml
ReLg,tions and Chief FiI1anCial Officer
Pr......nted. by Approved as to fozm by
Micha..~ or. Meacham ~~ftdt
Director of conservat.ion Cit M ~~:rney
Environmental Service.
J:,^uol'M1\EHuU\Encrgy\E1c:cuic Fnnchis- 10 1;904 fin.l.do<:
11
TOTAL P.04
5-16
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AN ORDINANCE GRANTING SAN DIEGO GAS ELECTRIC
COMPANY, ITS SUCCESSORS AND ASSIGNS, THE
FRANCHISE TO INSTALL, MAINTAIN AND USE PIPES AND
APPURTENANCES FOR TRANSMITTING AND DISTRIBUTING
GAS FOR ANY AND ALL PURPOSES UNDER, ALONG,
ACROSS, OR UPON THE PUBLIC STREETS AND PLACES AS
THE SAME NOW OR MAY HEREAFTER EXIST WITHIN THE
CITY OF CHULA VISTA
WHEREAS, in 1998, in accordance with Article XII
of the City Charter, City granted a gas franchise
("Original Franchise") to San Diego Gas & Electric
( "SDG&E") pursuant to Ordinance No, 2747; and
WHEREAS, the Original Franchise has expired and
City staff and SDG&E representatives have negotiated the
terms for a new franchise ("New Franchise"); and
WHEREAS, on October 26, 2004, pursuant to City
Council Resolution No, , the City approved a resolution
of intention to consider the adoption of the New Franchise
and set a public hearing for such purpose on November 9,
2004; and
WHEREAS, on November 9, 2004, a duly noticed
public hearing was held on the New Franchise, and all
public testimony was reviewed and considered by the City
Council, including the City Manager's recommendation to
approve the New Franchise, and the City Council approved
the placement of this ordinance approving the New
Franchise on first reading; and
WHEREAS, on November , 2004, the City·
Council considered the New Franchise for second reading
and adoption,
NOW, THEREFORE, the City Council of the City of
Chula Vista does hereby ordain as follows:
A, PROTESTS OVERRULED.
Any and all protests or objections presented to the
granting of the New Franchise are hereby overruled.
B, TERMS AND CONDITIONS OF NEW FRANCHISE.
SECTION 1, DEFINITIONS.
Whenever in this ordinance the words or phrases
hereinafter in this section defined are used, they shall
have the respective meanings assigned to them in the
following definitions (unless, in the given instance, the
context wherein they are used shall clearly import a
different meaning):
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(a) The word "Grantee" shall mean San Diego
Gas & Electric Company, and its lawful successors or
assigns;
(b) The word "City" shall mean the City of
Chula Vista, a municipal corporation of the State of
California, in its present incorporated form or in any
later reorganized, consolidated, enlarged, or
reincorporated form;
(c) The word "streets" shall mean the public
streets, ways, alleys and places as the same now or may
hereafter exist within said City, including state highways,
now or hereafter established within said City, and freeways
hereafter established within said City;
(d) The word "gas" shall mean natural or
artificial gas, or a mixture of natural and artificial
gas;
(e) The phrase "pipes and appurtenances" shall
mean pipes, pipelines, mains, services, traps, vents,
vaul ts, manholes, meters, gauges, regulators, valves,
conduits, appliances, attachments, appurtenances, and any
other property located or to be located in, upon, along,
across, under, or over the streets of the City, and used
or useful in the transportation, transmission and/or
distribution of gas;
(f) The phrase IIi natall, maintain and use II shall
mean to lay, construct, erect, install, operate, maintain,
use, repair or replace;
(g) The phrase "gross annual receipts" shall
mean all gross operating revenues received by Grantee in a
calendar year, (or part thereof if the effective is not on
January 1 or the end date is not December 31 of any such
year) , from the sale of gas to Grantee's customers with
points of service within the corporate limits of the City
( inc 1 uding , but not limited to, sales to military
reservations with points of service within the City's
corporate limits) which are credited in Account Numbers
480, 481 and 482 of the current Uniform System of Accounts
of the Federal Power Commission as adopted by the
California Public Utilities Commission, or similar
superseding accounts, less uncollectible amounts and less
any refunds or rebates made by Grantee to such customers
pursuant to orders or decisions of the California Public
Utilities Commission.
(h) The phrase "Utility Users' Tax"shall mean
the local taxes added to utility bills of residential and
5-18 2
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commercial utility customers as defined in Chula Vista
Municipal Code, Chapter 3.44 entitled "Utility Users'
Taxll.
SECTION 2. GRANT OF FRANCHISE,
The franchise to install, maintain and use in the
streets of said City all pipes and appurtenances for
transporting, transmitting and distributing gas to the
public for any and all purposes within said City is hereby
granted to San Diego Gas & Electric Company, ("SDG&E") its
successors and assigns. The City will not participate in
the provision of any such gas transmission or Distribution
Services by itself, or by others within its jurisdictional
boundaries for the term of this franchise however,
excluding those rights and duties specific to the sale of
gas commodity to consumers as may be permitted by law and
as may be provided in Section I.B.A and I.14.A of the
Memorandum of Understanding between the City and SDG&E
approved by Resolution No, ("MOU") . "Distribution
Services" shall mean the ownership and or operation by the
City itself, or with or by any third party, of any
facilities, including pipes and gas utility plant and
related services for the transmission or distribution
delivery of natural gas to consumers within the boundaries
of the City of Chula Vista. This franchise is granted upon
each and every condition herein contained, and shall ever
be strictly construed. Nothing shall pass by the franchise
granted hereby to Grantee unless it be granted in plain and
unambiguous terms, Each of said conditions is a material
and essential condition to the granting and acceptance of
said franchise.
SECTION 3, TERM.
Said franchise shall commence on January 1,
2005 and shall continue for a term of ten (10) years and
shall thereafter be automatically extended for an
additional term of twenty (20) years upon Grantee's
material satisfaction of all obligations of the MOU,
Throughout such term said franchise shall endure in full
force and effect until the same shall, with the consent of
the Public Utilities Commission of the State of California,
be voluntarily surrendered or abandoned by the Grantee, or
until the state or some municipal or public corporation
thereunto duly authorized by law shall purchase by
voluntary agreement or shall condemn and take under the
power of eminent domain, all property actually used and
useful in the exercise of said franchise and situate in the
territorial limits of the state, municipal, or public
corporation purchasing or condemning such property, or
until said franchise shall be forfeited for non-compliance
with its terms by the Grantee.
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SECTION 4. CONSIDERATION.
(a) Franchise Fees. The Grantee of said
franchise shall during the term hereof pay to the City two
percent (2%) of the gross annual receipts of said Grantee
collected within the corporate limits of the City. In the
event that during the term of this franchise the statutory
gas franchise fee paid to general law cities in California
is increased to be more that (2%) of gross annual receipts
as defined herein, the fee to City shall be amended to
equal such new percentage which fee will become effective
as of the date Grantee is authorized by the CPUC to
collect such increased amount in its rates. In the event
City does not meet it obligations pursuant to Section 2
hereof this franchise fee will be reduced to the statutory
fee paid to general law cities.
(b) Utility User's Tax-Collection Services. To
the extent permitted by law, and solely for those customers
within the corporate limits of the City billed directly by
Grantee, Grantee agrees to collect the City's Utility
Users' Tax and remit same to the City on a monthly basis.
No additions or deletions to the parties subject to this
tax shall be made absent the mutual agreement of the
parties.
(c) California Municipal Public Lands Use
Charge, Grantee shall implement the provisions of
California Public Utilities Code Sections 6351, 6352,
6353, 6354 and 6354.1 applicable to a customer who
receives natural gas transportation or distribution
service subject to this franchise, and remit such funds
collected to the City.
SECTION 5. REPORTS, DATES OF PAYMENT, AND CITY AUDITS.
(a) The Grantee shall file with the Director of
Finance of said City, within three months after the
expiration of the calendar year, or fractional calendar
year, following the date of the granting hereof, and
within three months after the expiration of each and every
calendar year thereafter, a duly verified statement
showing in detail the total gross annual receipts of such
Grantee during the preceding calendar year, or such
fractional calendar year, from the sale of gas within said
City.
(b) Such Grantee shall pay to said City by no later
than the end of August of the following calendar year, an
5-20 4
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amount equal to said franchise fee for the first six
months of each year ("Initial Payment"). The Initial
Payment shall be calculated using SDG&E's actual gross
receipts from January 1 through June 30 of each year.
Grantee shall pay to City, by no later than the end of
March of the following calendar year a true-up payment in
an amount which, when added to the Initial Payment above,
constitutes the City's annual franchise fee for the
preceding calendar year. .
(c) California Municipal public Lands Use Charges
collected by Grantee pursuant to Section 4(c) shall also
be paid in accordance with this schedule.
(d) Any neglect, omission, or refusal by said Grantee
to file such verified statement, or to pay said percentage
at the time and in the manner specified, shall be grounds
for the declaration of a forfeiture of this franchise and
all rights of Grantee hereunder.
SECTION 6. COMPLIANCE WITH LAWS.
All facilities or equipment of Grantee that
Grantee shall construct, maintain and use or remove,
pursuant to the provisions of the franchise granted
herein shall be accomplished in accordance with the
ordinances, rules and regulations of City or as hereafter
adopted consistent with such rules or regulations as are
promulgated under state law, or orders of the Public
Utilities Commission or other governmental authority
having jurisdiction in the premises,
SECTION 7. ADMINISTRATIVE PRACTICES.
(a) Installation, Maintenance, Repair and Removal
of Facilities. Grantee and City shall cooperate in
preparing a manual of administrative practices which shall
govern the permitting, installation, maintenance, repair
and removal of Grantee's facilities in the streets of City
which shall include, but not be limited to, cathodic
protection and street repair practices. Once each year,
commencing with the first full calendar year of the
franchise granted herein, it is to be the joint
responsibility of Grantee and City to review and update
such administrative practices, Both Grantee and City are
charged with the duty to prepare, review and update such
administrative practices by a method of mutual cooperation
which shall take into consideration reasonable needs and
convenience of each party in order to streamline permitting
by e.g, development of master permits and to minimize
costs. Following the preparation of said manual, and its
approval by the City Council, it shall govern the practices
5
5-21
-- --
of City and Grantee in the issuance of permits and
installation, maintenance and removal of Grantee's
facilities in the streets of City.
(b) System Upgrades, Grantee agrees to
include the City in the early implementation of system-
wide enhancements (e.g. infrastructure upgrades and
ancillary services) to the extent such inclusion is
consistent with Grantee's then policy to prioritize and
construct such system enhancements based on the
condition of existing infrastructure in Grantee's
service territory,
SECTION 8. CITY RESERVED POWERS.
(a) Consistent with the terms of Section 2 City
reserves the right for itself to lay, construct, erect,
install, use, operate, repair, replace, remove, relocate,
regrade or maintain below surface or above surface
improvements of any type or description in, upon, along,
across, under or over the streets of the City. City further
reserves the right to relocate, remove, vacate or replace
the streets themselves. If the necessary exercise of the
aforementioned reserve rights conflicts with any pipes and
appurtenances of Grantee constructed, maintained and used
pursuant to the provisions of the franchise granted hereby,
whether previously constructed, maintained and used or not,
Grantee shall, without cost or expense to City within
ninety (90) days after written notice from the City
Manager, or his designated representative, and request so
to do, begin the physical field construction of changing
the location of all facilities or equipment so conflicting.
Grantee shall proceed promptly to complete such required
work.
(b) Consistent with Section 2 above, the City's
right to be a gas commodity retailer, to the extent
permitted by law, shall not be limited in any manner by the
granting of this franchise.
SECTION 9. Duties and Liabilities
(a) Suit for forfeiture of franchise. The City
may sue in its own name for the forfeiture of this
franchise, in the event of noncompliance with any of the
material conditions thereof by the Grantee, its successors,
or assigns,
(b) Indemnity. The Grantee shall indemnify and
hold harmless the City and its officers from all liability
for damages proximately resulting from any operations under
the franchise.
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(c) Notification of City of sale or transfer of
franchise. The Grantee shall file with the legislative body
of the City within thirty (30) days after any sale,
transfer, assignment, or lease of the franchise or any part
thereof, or any of the rights or privileges granted
thereby, written evidence of the transaction certified to
by the Grantee or its duly authorized officers.
SECTION 10. REPAIR COSTS.
Grantee shall pay to City on demand the cost of
all repairs to City property made necessary by any of the
operations of Grantee under the franchise granted hereby,
provided, however, that Grantee may make repairs to
streets, sidewalks, curbs, and gutters itself at its own
cost in accordance with City and Grantee's previously
agreed upon specifications if the same can be done without
undue inconvenience to the public use of the streets.
SECTION 11, FORFEITURE AND OTHER REMEDIES.
If Grantee shall fail, neglect or refuse to
comply with any of the conditions of the franchise granted
hereby, and if such failure, neglect or refusal shall
continue for more than thirty (30) days after written
demand by the City Manager for compliance therewith, then
City, by the City Council, in addition to all rights and
remedies allowed by law, thereupon may terminate the
right, privilege and franchise granted in and by this
ordinance, and all the rights, privileges and the
franchise of Grantee granted hereby shall thereupon be at
an end, Thereupon and immediately, Grantee shall surrender
all rights and privileges in and to the franchise granted
hereby, No provision herein made for the purpose of
securing the enforcement of the terms and conditions of
the franchise granted hereby shall be deemed an exclusive
remedy or to afford the exclusive procedure for the
enforcement of said terms and conditions, but the remedies
and procedure outlined herein or provided, including
forfeiture, shall be deemed to be cumulative.
5-23 7
SECTION 12. ACQUISITION AND VALUATION.
Nothing in this ordinance or in the franchise
granted hereby shall be construed as in any way impairing
City's rights to acquire property of Grantee through the
exercise of City's power of eminent domain, or through
voluntary agreement between City and Grantee, except as
provided in the MOU, In the event that City chooses to
exercise its power of eminent domain, it shall do so in
accordance with the procedures provided by the gèneral law
of the State of California for the condemnation of public
utility property. The valuation of such property for
condemnation purposes shall be made in accordance with such
general law.
SECTION 13. AUTHORITY FOR GRANT,
Notwithstanding any other provision herein
contained, this franchise is granted solely and exclusively
under Section 1200, 1201, 1202, 1203, 1204, 1205 and 1206
of Article XII of the Charter of the City of Chula Vista.
This franchise is granted subject to any and all additional
terms and conditions contained herein.
SECTION 14. EFFECTIVE DATE.
Subject to the requirements of Section 16, this
ordinance shall become effective thirty days after its
final passage unless superseded by a referendum petition
filed as provided by law. Upon the effectiveness of this
ordinance, the commencement of the term shall be January
1, 2005 as provided in Section 3.
SECTION 15. PUBLICATION COSTS.
The Grantee of said franchise shall pay to the
City a sum of money sufficient to reimburse it for all
publication expenses incurred by it in connection with the
granting thereof; such payment to be made within thirty
(30) days after the City shall have furnished such Grantee
with a written statement of such expenses,
SECTION 16. WRITTEN ACCEPTANCE,
The franchise granted hereby shall not become
effective until written acceptance thereof, in a form
approved by the City Attorney, shall have been filed by the
Grantee with the City Clerk,
5-24 8
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NOU-04-2004 16:38 SEMPRA ENERGY LEGAL DEPT. 619696 4377 P.03/04
SECT:ION 17. PUBL:ICAUON.
The City C1erk sha11 cause ~his ordinance to be
published once within fiftean (IS) days after its passaqe
in the Chula Vista Star News, a newspaper of general
circulation published and circulated in said City.
SECTION 19. MJ:SCZLLANEOUS OBLIGArIONS_
Granœe ag:e.s to provid.e as much reasonable
advance notice as is leqally pe1'missible to the City
reqardinq any .erqers, buyouts, spin-offs or other
transactions materially affecting the nature of the
entity to which the City grant:s this franchise. Such
notice shall be consistent: with Grantee's obligations
under the law relating to disclosures and the l~tation.
placed upon Grant:ee,
GMN'l'EE ' S ACCEPTANCE:
By its siqnat:ure hereto, Grantee accept:s the franchise
qrant:ed hercy and aqr... to be bound and abide by all
covenant:s, terms and condi tions contained herein. Grante.
warrants and represents that it is authorized to enter
into this Franchise Agreement and that the par~ executing
this franchise on its behalf is duly authorized to do so,
without the need for any further action,
ACKNOWLEDGED J\ND AGREED:
San Diego Gas , Electric
Company
~ ~.
- - - ..
By: -...,. -
tev D. Davis
Ti tIe: SPn;nr Vi rø Pre~ic1Pn"" - "F.rt-PT'DéÙ.
Relations and Chief F:iI1ancial Officer
Presented by Approved a.. to form by
~~~ ~+¡µf
I);¡.J;.ctor of Conserva't10n " C1ty Attorney .
Environmental Services
J:\Attomcy\SHuJl\Energy\Gu Frnnchise 102904 Finatdoc
9
5-25
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COUNCIL AGENDA STATEMENT
ItemL
Meeting Date: 11/09/04
ITEM TITLE: Resolution Approving a Second Amendment to the Lease
Agreement between the City and American Golf Corporation to increase
the standard of maintenance from a bronze to a silver standard for the
Chula Vista Municipal Golf Course and authorizing the Mayor to execute
said Second Amendment
Resolution Amending the City's Master Fee Schedule and
Establishing New Greens Fees at ChuIa Vista Municipal Golf Course
SUBMITTED BY: DireO<ill o"obl" Will" Op='O~
v
REVIEWED BY: City Manager GJ:, \ì"" (4/5 Vote: Yes_ No..xJ
American Golf Corporation (AGC) has submitted a request for a rate increase. It has been
approximately five years since the last rate increase submittal by AGC. This report presents an
analysis of AGC's operation of the Chula Vista Municipal Golf Course (CVMGC) for the
purpose of determining if the proposed fee structure and rate increase should be implemented.
The current greens fees have been in effect since January I, 1999.
Although a request for a fee increase does not necessarily require a lease amendment by AGC,
staff has negotiated a lease amendment that increases the standard of maintenance from a bronze
to a silver standard for the CVMGC, which includes a modification of the maintenance
standards.
RECOMMENDATION: That Council:
I) Adopt the Resolution Approving a Second Amendment to the Lease Agreement
between the City and American Golf Corporation to increase the standard of
maintenance from a bronze to a silver standard for the Chula Vista Municipal Golf
Course and authorizing the Mayor to execute said Second Amendment.
2) Adopt the Resolution Amending the City's Master Fee Schedule and approving the
proposed greens fee increase for the Chula Vista Municipal Golf Course, effective
December 1, 2004.
BOARD/COMMISSION RECOMMENDATION: At the October 21, 2004, Parks and
Recreation Commission Meeting, the Commission endorsed (5-0) the fee increase with the
stipulation that the lease amendment is signed by AGC prior to going into effect and that the Men's
and Women's Golf Clubs be notified. The Presidents of the Men's and Women's Golf Clubs were
0-/
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Page 2, Item L
Meeting Date 11109/04
notified and the proposed rate fee increases were posted at the Pro Shop. The Women's Club
supports the fee increase. The Board of Directors for the Men's Club voted unanimously not to
oppose the fee increase.
EXECUTIVE SUMMARY:
This report has examined the various components of AGC's operation of the CVMGC and
recommends approving a modified rate increase, different from AGC's proposal. Accordingly,
this report is divided into three parts; each part examines a different component of the AGC's
operation of the CVMGC. The three parts of this report are as follows:
PART 1: Presents an analysis of AGC's revenue and expenditure projections for the current
calendar year at the CVMGC. Part I also provides an overview of the current
CVMGC, driving range, food & beverage, pro shop and golf carts operations.
PART 2: Provides a comparison of maintenance staff, budgets, acres, maintenance costs per
acre, rounds played, and golf operations staffing at CVMGC with Coronado,
Bonita, Balboa, and Oceanside's golf courses.
PART 3: Presents an analysis of AGC's proposed rate increase. Part 3 also provides a
comparison rate survey of comparable golf courses and presents the final
recommendations concerning the proposed greens fee increase.
(p-l.
0' .._...._ "' _._._,_~____,.__"_.__..__,___..",.~.,-.-..__..,.. ..-.'.-
Page 3, Item ~
Meeting Date 11/09/04
I. INTRODUCTION.
The CVMGC is a municipal golf complex consisting of an 18-hole regulation-length golf course,
a golf practice range, a pro shop, a clubhouse incorporating a bar/grill, banquet rooms, kitchen,
administrative offices, cart storage, a maintenance yard, and restaurant which was reopened
October 27,2004. The CVMGC is owned by the City of Chula Vista, but operated and
maintained under a long-term lease agreement by AGC with the lease term potentially extending
through 2016.
The original lease agreement for operation of the golf course and driving range was approved
October 15,1984, effective November 1,1984, and was subsequently amended on July 1,1986.
The term of the lease is 22 years from the 1984 date, with AGC having the option to extend the
lease for five years and then for an additional five years at the end of the first extension, for a
total of 32 years. A separate lease agreement for maintenance and operation of the restaurant and
bar at the golf course was approved by City Council on July 10, 1986, for a period of 10 years,
with AGC having the option of extending the lease for an additional two 10-year terms, for a
1 .
total on 0 years.
This report presents an analysis of AGC's operation ofthe CVMGC for the purpose of
determining if the proposed fee structure and rate increase should be implemented. In addition,
this report incorporates the increase in the standard of maintenance from a bronze to a silver
standard, as well as recent changes made to the golf course, restaurant, catering operations, and
course maintenance.
I The extensions for both leases are also dependent upon AGe's compliance with the obligations and
responsibilities of the agreements.
ré-?J
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Page 4, Item ~
Meeting Date 11/09/04
PART 1: Overview ofCVMGC.
II. CURRENT CVMGC PERFORMANCE.
The revenue budget for operating the CVMGC for calendar year 2004, as provided by AGC, is
$2,534,634. A breakdown of this budget by golf course, driving range, food and beverage, pro
shop, and golf carts operations is provided in Table I. The CVMGC will generate an estimated
94,568 total rounds for the current year, according to AGC. This play level is comparable to the
rounds played at Coronado, Bonita, Balboa, and Oceanside's golf courses, which range ITom
70,000 to 110,000. Anticipated revenue at CVMGC, based on the current fee structure and rates,
is summarized as follows:
Table 1
Chula Vista Municipal Golf Course Complex
Revenue Per Round
Gross Revenue per
Ooeration Revenue(A) Round(S)
Golf Course $1,218,579 $12.89
Driving Range $60,474 $0.64
Food & Beverage $706,050 $7.47
Pro Shoo $114,046 $1.21
Golf Carts $435,485 $4.60
TOTAL $2,534,634 $26.80
(A) Budgeted for calendar year 2004.
(S, Calculation bv Ooeration ~ revenue/94,568 (rounds).
As indicated above, AGC currently earns $26.802 in revenue per round (overall). In comparison,
the operational and maintenance budget for calendar year 2004, as provided by AGC, is
$2,204,514. Of this amount, $131,799 represents a supplemental budget increase to meet the
silver standard for maintenance and for other improvements. Note that the operational and
maintenance budget does not include the $1,063,146 budgeted for capital improvements for the
current calendar year. A breakdown of the operational and maintenance costs by golf course,
driving range, food & beverage, pro shop, and golf carts operations is provided in Table 2 on the
following page.
2 $2,534,634 (gross revenue)/94,568 (rounds) = $26.80 per round (earnings).
to-if
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Page 5, Item ~
Meeting Date 11/09/04
Table 2
Chula Vista Municipal Golf Course Complex
Expenditures Per Round
Gross Expenditures
Operation Expenditures(A) per Round(B)
Golf Course $1,049,242 $11.10
Driving Range $142,273 $1.50
Food & Beverage $711,901 $7.53
Pro Shop $270,916 $2.86
Golf Carts $30,182 $0.32
TOTAL $2 204 514 $23.31
(A) Budgeted for calendar year 2004.
(8) Calculation bv Operation ~ expenditures/94,568 (rounds).
As indicated above, AGC currently spends $23.313 per round (overall). In May of 2004, staff
met with AGC to give them the opportunity to review the data4 provided in Tables 1 & 2 and
make any comments. AGC did not have any comments, but did submit a supplemental budget
increase to meet the silver standard, which is reflected in the data presented in this report.
Overall Operation ofCVMGC.
A summary of the revenue and expenditures by golf course, driving range, food & beverage, pro
shop, and golf carts operations is provided in Table 3 below.
Table 3
Chula Vista Municipal Golf Course Complex - Summary
Revenue/Expenditures Per Round
Gross Gross Net ProfitfLoss
Operation Revenue Exnenditures ProfitfLoss ner Round(A)
Golf Course $1,218,579 $1,049,242 $169,337 $1.79
Driving Range $60,474 $142,273 ($81,799) ($0.87)
Food & Beverage $706,050 $711,901 ($5,851) ($0.06)
Pro Shop $114,046 $270,916 ($156,870) ($1.66)
Golf Carts $435,485 $30,182 $405,303 $4.29
TOTAL $2.534.634 $2,204,514 $330,120 $3.49
(A) Calculation by Operation = revenue - expenditures/94,568 (rounds).
As indicated in Table 3 above, CVMGC is currently operating at a net profit of$330,120 or
$3.495 per round (overall).
J $2,204,514 (gross expenditures)/94,568 (rounds) ~ $23.31 per round (costs).
4 Data is based on information provided by AGC.
5 $330,120 (net profit)/94,568 (rounds) = $3.49 per round (net profit).
(;-5
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Page 6, Item C:
Meeting Date 11/09/04
Golf Course Operation.
The golf course is constructed on an approximately I 29-acre site, most of which lies within the
Sweetwater River Flood Plain, with the Sweetwater River charmel traversing the golf course
property. As indicated in Table 3, the golf course function is currently operating at a profit of
$169,337 or $1.796 per round. Note that AGC has increased their operating budget to meet the
silver standard for maintenance. Furthermore, AGC has budgeted an additional $452,660 this
year to make capital improvements to the golf course. Some of the new improvements include:
· Upgrading the irrigation system with new pumps and sprinkler heads;
· Completing tee box renovations; and
· Planting 40,000 square feet of sod and seed.
In comparison, last year AGC spent a total of$149,838 on capital improvements for the golf
course. Staff has been conducting monthly inspections of the golf course to ensure that AGC is
adhering to the Lease and Maintenance Standards set by the City of Chula Vista and AGC.
Provided below are some of the improvements made to the golf course over the past year. AGC
has:
· Planted approximately 40,000 square feet of sod;
· Completed the green expansion project for several holes;
· Completed the sand replenishment for all sand traps;
· Installed a new bridge to # 12 crossing; and
· Replaced the main irrigation well pump.
Driving Range Operation.
The driving range revenue for 2004, as provided by AGC, is budgeted at $60,474. Although the
driving range is currently operating at a loss of $81,799 or $0.877 per round, AGC plans to spend
an additional $9,500 to purchase concrete driving range pads and mats to help keep the range in
good condition. Last year, AGC spent a total of $33,000 for driving range improvements.
Food & Beverage Operation.
The food and beverage service is located within the clubhouse. This service previously
functioned as a 19th Hole-type operation, mainly catering to golfers. In recent years, the
restaurant has not operated and the facility was used only for banquets. However, AGC has
upgraded and expanded the food and beverage service to incorporate a full service restaurant.
AGC retained the services of Thiel and Thiel, a well-known firm specializing in clubhouse
interior designs. The renovated clubhouse was opened on October 27,2004.
6 $169,337 (profit for Golf Course Operation)/94,568 (rounds) = $1.79 per round (profit).
7 $81,799 (loss for Driving Range Operation)/94,568 (rounds) = $0.87 per round (loss).
b-6
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Page 7, Item ~
Meeting Date 11109/04
In preparation for the new restaurant and upgraded banquet facility, AGC has hired Ted Teran as
the Food and Beverage Director and Marco Schlueter as the Executive Chef. Recently, Ted was
the General Manager at Aqua in Dana Point. Prior to that, Ted was the Food and Beverage
Director at La Quinta Resort & Club in La Quinta, CA. Marco Schlueter was trained at the
Bavarian Hotel Technical College in Alzgen, Germany. He is the former Sous Chef at AIte
Bergmuhle, which is a two-star Michelin restaurant located in Dreieich, Germany. Recently,
Marco was the Executive Chef at the Remington Club in Rancho Bernardo.
As indicated in Table 3, the food and beverage operation is operating at a loss of$5,85l or
$0.068 per round for the current year. Note that AGC has spent an additional $500,000 during
the current year for clubhouse renovations and furniture. In the previous year, AGC spent
$88,250 to make repairs to the clubhouse and pro shop and purchase equipment/furniture.
Pro Shop Operation.
The pro shop serves all golfer needs, including tee-time reservations, greens fee collection,
starting, and merchandise sales. Annual sales for the pro shop are estimated at $114,046, as
provided by AGC, which has an existing sales inventory of $68,608. The pro shop is operating at
a loss of $156,870 or $1.669 per round for the current year. Note that AGC has spent an
additional $10,000 this year to make restroom improvements to the pro shop.
Golf Carts Operation.
AGC has received a new fleet of golf carts in compliance with the lease agreement. The golf
carts function is operating at a profit of $405,303 or $4.2910 per round for the current year. The
good performance possibly reflects the cart fee increase of $1.00 approved by the City.
Summarv of Operations.
Part I of the report has examined the various components of AGe's operation ofthe CVMGC.
As indicated in Table 3, the golf course and golf carts functions are operating at a profit, whereas
the driving range, food & beverage, and pro shop functions are operating at a loss. However,
overall the CVMGC is currently operating at a net profit of $330,120 or $3.49" perround.
Note that capital expenditures were excluded ITom the $3.4911 per round figure because the
amount that AGC will spend on capital improvements will vary ITom year to year. For example,
this year AGC plans to spend $1,063,146 in capital improvements for CVMGC, which includes
improvements to the golf course, clubhouse, driving range, and pro shop (see Exhibit A). In
comparison, last year AGC spent $257,538 in capital improvements, which includes
improvements to the golf course and clubhouse (see Exhibit B).
8 $5,851 (loss for Food & Beverage Operation)/94,568 (rounds) = $0.06 per round (loss).
9 $156,870 (loss for Pro Shop Operation)/94,568 (rounds) = $1.66 per round (loss).
10 $450,303 (profit for Golf Cart Operation)/94,568 (rounds) = $4.29 per round (profit).
II $330,120 (net profit)/94,568 (rounds) = $3.49 per round (net profit).
0-7
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Page 8, Item L
Meeting Date 11109/04
PART 2: Golf Course Comparison.
III, COMPARISON OF KEY AMENITIES,
According to Section 12.f. of the lease, "the City shall have the right to approve the greens fees
charged by Lessee. It is City's intention that such greens fees may be comparable to those fees
charged by other comparable public golf courses in San Diego County for similar services".
In preparing their analysis, staff compared the rate increase requested by AGC to comparable
courses in the area, such as Coronado, Bonita, Balboa, and Oceanside, as well as to the amenities
provided at these comparable courses for the fees charged. The Chula Vista Country Club and
EastIake golf courses were excluded from this analysis because these golf courses are privately
and semi-privately owned, respectively. AGC did not object to staff comparing their proposed
rate increase to the golf courses mentioned above.
What makes a public golf course comparable to CVMGC and what are similar services? In
staffs view, comparability of golf courses is based upon the level of maintenance and services
provided, per the following:
Maintenance.
· Standard of maintenance, per AGC's standards per course types;
· Maintenance dollars spent/maintained per acre; and
· Number of maintenance personnel.
Golf course maintenance staffing, budget, acres, maintenance cost per acre, and armual rounds
played at CVMGC are compared with Coronado, Bonita, Balboa, and Oceanside golf courses, as
shown below:
b-?
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Page 9, Item ~
Meeting Date 1 1109/04
Table 4
Golf Course Maintenance Comparison
Golf Maint. Maintenance Maint, Rounds GolfOPS
Course Acres(A) Staff (FTE) Budget(B)(CXD) Cost per (Annually) Staff (FTE)(E)
acre
CVMGC 105 11.0 $904,960(F) $8,619(F) 94,568 3.45
Coronado 110 12.0 $1,261,124 $11,465 110,000 6.00
Bonita N/A 15.0 N/A N/A 70,000 N/A
Balboa 90 15.0 $876,405 $9,738 90,000 5.15
Oceanside N!A N!A N!A N!A 93,423 N!A
*N! A - Not available.
(A) Landscaped maintenance areas OIÙy. Does not include open space and canyons.
(8) Budgeted for calendar year 2004.
(C) Excludes food & beverage, pro shop, and golf cart operations, & water, gas, and electric.
(D) Reflects modified budget (adjusted downward) in order to make a more equitable comparison for staff cost.
Note: CVMGC ~ $303,933 (payroll)!11 (staff) ~ $28,427 (average staff cost per employee).
Coronado ~ 12 (staff) x $28,427 (avg. staff cost) ~ $341,124 (staff cost) reflected in budget above;
The actual staff costs for Coronado are $940,000.
Balboa ~ 15 (staff) x $28,427 (avg. staff cost) ~ $426,405 (staff cost) reflected in budget above;
The actual staff costs for Balboa are $1.3 million.
(E) Includes pro shop staff and shop mechanic.
(F) Reflects sUDDlemental buMet increase of$107,743 to meet the silver standard.
As indicated in Table 4 above, CVMGC has the smallest maintenance budget (based on the
maintenance cost per acre) of the golf courses shown. CVMGC expenditures are about 11 % and
25% percent below the comparable courses. Note that these expenditures reflect only the costs to
maintain the golf course and driving range and have been adjusted in order to make a fair
comparison. However, on June 15, 2004, AGC increased their maintenance budget by $107,743
to meet the silver standard.
CVMGC has the smallest maintenance staff of the courses shown with 11.0 employees compared
to 15.0 for Bonita and Balboa. The staffing includes the superintendent, as well as irrigation and
landscape crews, equipment operators, and greenskeepers.
As indicated in Table 4, CVMGC will generate an estimated 94,568 total rounds for the current
year. This play level is comparable to the average rounds of90,800 played at Coronado, Bonita,
Balboa and Oceanside's golf courses.
Furthermore, CVMGC has the smallest golf operations staff as shown with only 3.45 employees,
whereas, the other golf courses have at least 5.15 employees.
Based on the increased standard of maintenance, CVMGC now ranks as a silver standard in the
areas of greens, tees, fairways, bunkers, mowing frequency, and in the roughs. Coronado and
Balboa also meet the silver standard.
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Page 10, Item ~
Meeting Date 11/09/04
By going from a bronze to a silver standard, the maintenance level for the golf course has
increased to a better standard. For example, the tees and fairways are now mowed three times a
week instead of twice a week for tees and only once a week for fairways. As a result, the
appearance and playability of the course have improved significantly. In addition, based on the
increased standard of maintenance, the City and AGC now have better guidelines in place to
monitor the condition of the course. Staff will continue to conduct monthly inspections of the
golf course to ensure that AGC is adhering to the new Lease and Maintenance Standards.
(;-10
.~.- "-_._._~-_., ...-.,.....-..."..---....-....., """-'--
Page II, Item L
Meeting Date 1 1109/04
PART 3: Rate Increase Analysis.
IV. GREENS FEES INCREASE ANALYSIS.
Table 5 shows CVMGC's current rates, along with AGC's proposal and rates for Bonita, Balboa,
Oceanside and Coronado. As indicated in Table 5, resident and non-resident greens fees for
CVMCG are well below the average greens fees for the four comparable courses for both
weekdays and weekends. Several factors warrant a fee increase at this time. First, on June 15,
2004, AGC unilaterally increased the maintenance standards for the course rrom a bronze to
silver standard. Second, AGC has agreed to a lease amendment to guarantee satisfaction of the
silver maintenance standards during the remaining term of the lease. Third, AGC has increased
its maintenance budget by over $100,000 this year alone to meet the silver maintenance standard.
Fourth, AGC has budgeted over $452,000 in 2004 for significant capital improvements to the
course. Consequently, with respect to the golf course function, AGC is operating at a loss this
year when the cost of capital improvements is taken into consideration. Finally, the last greens
fee increase was five years ago and, since that time, the consumer price index has risen
approximately 19% 12.
In light of AGC's commitment to increase the maintenance standards at the golf course, staff
recommends establishing resident greens fees based upon the average of the four comparable
courses identified in Table 5. In addition, staff recommends setting non-resident rates at 25%
above the resident rates, except for fees for Super-Twilight, which are proposed to be equal to
resident rates. The higher non-resident fees conforms to policy established in the Master Fee
Schedule directing the Recreation Department to charge non-residents 25% higher fees for
recreational classes. Also, as reflected in Table 5, non-residents typically pay a substantially
higher greens fee at municipal golf courses.
Based on staffs proposal, the revenue per round will increase rrom $26.80 to $29.73, an increase
of$2.93 per round, which is an 11 % increase per round overall. The gross revenue produced
rrom these recommended greens fees is 21 % higher than the revenue rrom the current greens
fees. In comparison, AGC's proposal would increase greens fees by 28% compared to 21 %
based on staffs recommendation. However, staff does not recommend two of AGC's proposals
regarding senior resident rates (Senior Tickets and the $10 card).
Senior Tickets. AGC proposed to eliminate the senior tickets, thereby, eliminating the
monthly $45 card, which allows seniors unlimited play on weekdays for only $1 per round.
However, staff recommends keeping the senior tickets but increasing the monthly card fee rrom
$45 to $50. In addition, staffrecoillmends increasing the ticket fee rrom $1.00 to $2.00 per
round, which allows seniors unlimited play on weekdays.
$10 card. AGC proposed to eliminate the $10 card, which allows seniors unlimited play at a
fee of$8.25 per round on the weekdays. However, staff recommends keeping the $10 card but
increasing the fee per round rrom $8.25 to $10.00.
12 Based on cpr - All Urban Consumers for San Diego, CA
b-j ¡
.----..--
Page 12, Item L
Meeting Date 11/09/04
Table 5
Competitive Market Analysis
Average
Rates Bonita Balboa Oceanside Coronado Rate of 4 CVMGC
Courses Existing
Weekday
Resident 18 holes 22.00 22.00 21.50 20.00 21.38 16.50
Non-Resident 18 holes 22.00 35.00 25.00 20.00 25.50 21.00
Resident 9 holes 14.00 8.50 12.00 N/A 11.50 9.50
Non-Resident 9 holes 14.00 20.00 14.25 N/A 16.08 11.50
Resident Twilight 15.00 13.00 12.00 N/A 13.33 10.50
Non-Resident Twilight 15.00 21.00 14.25 N/A 16.75 12.50
Resident Super-Twilight 10.00 N/A N/A 10.00 10.00 9.25
Non-Resident Super-
Twilight 10.00 N/A N/A 10.00 10.00 9.25
Senior (Residents) N/A 10.50 11.00 N/A 10.75 8.25
Senior Ticket (Residents) N/A N/A N/A N/A N/A 45.00
Ticket Fee N/A N/A N/A N/A N/A 1.00
Weekend
Resident 18 holes 36.00 24.00 24.00 20.00 26.00 20.00
Non-Resident 18 holes 36.00 40.00 33.50 20.00 32.38 28.00
Resident 9 holes 20.00 8.50 14.25 N/A 14.25 11.50
Non-Resident 9 holes 20.00 20.00 16.75 N/A 18.92 14.50
Resident Twilight 22.00 13.00 14.25 N/A 16.42 12.50
Non-Resident Twilight 22.00 21.00 16.75 N/A 19.92 15.00
Resident Super-Twilight 16.00 N/A N/A 10.00 13.00 11.50
Non-Resident Super-
Twilight 16.00 N/A N/A 10.00 13.00 11.50
Senior N/A N/A N/A N/A N/A N/A
13 AGC proposes to eliminate the senior tickets, thereby, eliminating the monthly $45 card, which allows
seniors unlimited play on weekdays for only $1 (ticket fee) per round.
b -12-
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Page 13, Item~
Meeting Date 11/09/04
The following infonnation is provided regarding the play at CVMGC:
· Approximately 60 percent of total play is classified as IS-hole rounds (assuming the
$1.00 senior card play is IS-hole), and 24 percent 9-hole, twilight or super-twilight;
· About 16 percent of total play occurs on weekends (average 141 rounds per day), and 71
percent on weekdays (average 266 rounds per day);
· About 12 percent of total play are tournaments/replays and green fee specials;
· Resident senior monthly cardholder, who pay $45 per month plus $1 per round subject to
weekday only play restrictions, represent 29 percent of total play, 47 percent of IS-hole
play, and 56 percent of weekday IS-hole play;
· Chula Vista residents comprise 64 percent of total armual play and non-residents 23
percent. Senior resident cardholder play represents 46 percent of total resident play; and
· The proposed senior rate of $1 0 still remains the lowest when compared with Balboa,
Mission Trails, Coronado, and Bonita golf courses.
AGC's proposed greens fee increase would result in additional revenue of$344,257 armually, of
which the City's share would be $51,63914 annually. Under staffs proposal, the greens fee
increase will result in additional revenue of$264,65S armually, of which the City's share is
$39,69914 annually.
14 City's share is based on 15% of the greens fee increase.
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Page 14, Item ''::
Meeting Date 11/09/04
V. CONCLUSION.
This report has examined various components of AGC's operation of the CVMGC for the
purpose of determining if the proposed fee structure and rate increase should be implemented.
Based on the findings developed in this report, staff recommends changing the fee and approving
a modified rate increase, different ttom AGC's proposal. Based on the current profit and staff's
previous observations that CVMGC is comparable to the courses regarding maintenance, and that
AGC has increased the standard of maintenance for CVMGC ttom a bronze to a silver standard,
staff recommends an increase in greens fees, effective December 1, 2004.
Staffs goal in undertaking the analysis and making recommendations was to be fair and
impartial and present an objective and consistent way to consider a fee increase, based on the
information that was provided and the information that staff gathered.
FISCAL IMPACT:
The new greens fee increase will produce an estimated $39,699 in additional revenue for the General
Fund based on a projected 94,568 rounds of golf played at CVMGC.
Attachments:
Exhibit A: CVMGC Capital Improvements for 2004
Exhibit B: CVMGC Capital Improvements for 2003
Exhibit C: Second Amendment to the Lease Agreement
C:\Documents and Settings\robertb\My Documents\Bob\AI13 CVMGC Fee Increase.doc
6 -IIf
--~."--~--_.- ..... _._____.__··_____4_'
Exhibit A
Chula Vista Municipal Golf Course
Capital Improvements for 2004
Golf Course hnprovements:
· Upgrading the irrigation system (pumps & sprinkler heads) $ 400,000
· Tee box renovations $ 25,500
· Golf course turf improvements, (incl. 40,000 sq ft sod/seed) $ 27,160
-------------
Subtotal $ 452,660
Golf Course Amenities & Equipment:
· Yardage monuments $ 2,880
· Tee signs $ 10,450
· Benches $ 3,400
· Golf course signage $ 600
· Fairway aerifier (equipment) $ 25,000
· Utility vehicle (equipment) $ 21,000
--------------
Subtotal $ 63,330
Clubhouse Projects:
· Clubhouse renovations/furniture $ 500,000
· Clubhouse landscaping $ 10,000
· Charbroiler (equipment) $ 4,500
--------------
Subtotal $ 514,500
Other Projects:
· Fencing for dumpster $ 2,350
· Snack bar canopy $ 475
· Pro-shop painting $ 5,331
· Pro-shop restroom improvements $ 10,000
· Painting golf course restrooms $ 5,000
· Concrete pad and driving mats $ 9,500
-------------
$ 32,656
TOTAL $1,063,146
6-/5
-,,",-- ------_.-.--~~_.
Exhibit B
Chula Vista Municipal Golf Course
Capital Improvements for 2003
Golf Course Improvements:
· Renovate golf course restrooms $ 6,600
· Installed shut off valve on irrigation pond $ 5,000
· Installed bridge on # 12 $ 51,000
· Eniarge greens on #5, 6, 8, & 15 $ 8,900
· Added new sand to bunkers $ 10,000
· Re-sodded tee box on #16 $ 1,000
· Replaced main irrigation well pump $ 20,000
· Sodded 40,000 square feet $ 26,338
· Repaired bridges on #3 & 9 $ 21,000
-----------
Subtotal $149,838
Clubhouse Proj ects:
· Repaired flooring in the 19th Hole $ 5,000
· Kitchen repairs $ 2,200
· Purchased new stack oven $ 5,400
· New furniture for 19th Hole $ 8,000
· Repaired roof on clubhouse & pro-shop $ 67,650
-----------
Subtotal $ 88,250
Other Projects:
· Repair security lights $ 10,000
· New digital alarm system $ 6,700
· Streambed testing report $ 2,750
-----------
$ 19,450
TOTAL $257,538
v-IG
""--,._."_.._-,,_._-~"- ---....+---..._~_._--_._, .
Exhibit C
SECOND AMENDMENT OF LEASE
1. Identification of Parties. This Second Amendment of Lease (this "Amendment") is made
and entered into on this _ day of November, 2004, by and between the City of Chula Vista, a
municipal corporation ("City"), and American Golf Corporation, a California corporation
("Lessee").
2. Recitals.
2.1. City and Lessee are parties to that certain Lease For the Operation of a Public
Golf Course and Driving Range dated October 15, 1984 ("Original Lease"). The Original Lease
has heretofore been amended by that certain Amendment Number 1 of the Lease dated October
15, 1984 between City and Lessee. The Lease, as so amended, is referred to herein as the
"Lease. "
2.2. City and Lessee desire to amend the Lease, among other things, to change the
standards by which Lessee maintains the demised premises, and to provide for the development
of a mutually acceptable long-term capital improvement plan for the golf course, all upon the
terms set forth in this Amendment.
In consideration of the foregoing recitals and the mutual covenants contained in this
Amendment, and for other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, City and Lessee desire to amend the Lease upon the terms set forth
below.
3. Amendments.
3.1. Maintenance Standards.
(a) Section I1.B of the Lease is hereby deleted and replaced with the
following:
"B. General Maintenance Specifications. Lessee, solely at its own
cost and expense, shall maintain the demised premises III
accordance with the Lessee's "Silver" maintenance standards as
modified and set forth on Exhibit 'A' attached hereto and
incorporated herein by this reference. Each year during the term of
this Lease, Lessee shall in good faith establish a budget which
specifies the amounts Lessee estimates are necessary for Lessee to
expend in order to satisfy its maintenance obligations hereunder
for the ensuing calendar year. Lessee shall not modify the
maintenance standards set forth in Exhibit A without the express
written consent of the City. Exhibit "D" attached to the Lease is
hereby deleted, it being understood and agreed that all references
in the Lease to Exhibit "D" shall now be to Exhibit "A" attached to
this Amendment.
I
03674-00043-1425933.3
b-/7
u"_ .______.__ ._._
3.2. Capital Improvement Plan. Each year during the term of the Lease, as amended
by this Amendment, City and Lessee shall endeavor to develop a mutually agreeable capital
improvement plan ("plan) covering the immediately succeeding five (5) full calendar year
period. City and Lessee shall act in good faith and reasonably cooperate with each other in
developing each such plan. Lessee's obligation to implement the provisions of each plan shall be
contingent upon the approval by Lessee's Board of Directors of funding the expenditures
required to implement the plan. If Lessee's Board of Directors does not approve such funding
for any reason, then Lessee shall not be obligated to expend such funds or implement the
applicable plan, and the failure to expend such funds or implement the applicable plan shall not
constitute a breach of the Lease, as amended by this Amendment, by Lessee. Notwithstanding
that each plan will cover a five (5) year period, City acknowledges that Lessee anticipates that
Lessee's Board of Directors will not in any instance approve the expenditure of funds more than
one (I) year in advance. Nothing in this section relieves Lessee of its obligation to maintain the
demised premises in accordance with the standards set forth in Exhibit A.
4. No Other Changes. Except as expressly amended by this Amendment, the Lease remains
unchanged and shall continue in full force and effect.
In witness whereof, City and Lessee have executed this Amendment as of the date first
set forth above.
"CITY"
THE CITY OF CHULA VISTA,
a municipal corporation
By:
Name:
Its: Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to Form:
Ann Moore, City Attorney
2
03674-00043-1425933.3
I r
\£:. - Z
-~- -..-...-..-------.-----.---.-.."--,.-.-.--.- . .....-., .- -'-.-"'---
"LESSEE"
k J. Friedman
ral Counsel/Secretary
.
3
03674-00043-1425933.3
0-/1
.._.. --- ._-~_._'-
EXHIBIT "A"
Maintenance Standards
Overview: All greens are to be smooth, uniformly
covered with turf, firm but not hard, well defined and
free of all major pest problems. Cups, poles and
flags are to be uniform, clean and in good repair.
Outline should be consistent with predetermined
dimensions.
Greens shall be treated for foreign grasses and weeds, including Kikuyu and
common Bermuda grass as appropriate using the latest chemistries available in
California applied at the recommended label rates.
Quad needle (solid) tine aerations during periods of
heavy play and excessive moisture.
Aerification 3/8" to 5/8" tines, 3 times armually.
Remove cores and top dress with greens
appropriate sand. Fill the cores to greens surface
with top dressing sand and level with mat or
other devices and soak with water.
Standards
¡Greens Platinum Gold Silver Bronze I
S9·1
Mowing frequency Daily Daily Daily Daily
S9·2
Cutting height 1/10-1/8 1/8-9/64 1/8-5/32 1/8-3/16
.100-.125 .125-140 .125-.157 .125-.187
S9·3
Light topdressing Weekly/Bi- Bi-Weekly Bi-Weekly/ (Feb. - Optional
Weekly June)
Monthly( July - Jan)
S9·4
Daily putting speed 10-12 9-10 8.0-9.0 7.0-8.0
03674-00043-1425933.3
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6-W
._._..,.._--,_..,---_.._,...._.,_.._--_.._---~._--_.._.---.".---..,.-. "..~~.
5g.5
Cups changed Daily Daily Daily Daily
>50 Rounds >50 Rounds
5g.6
Ball marks repaired, no ball marks Daily Daily Daily Daily
within 10 foot radius of hole.
5g.7
Dew & clipping removai Daiiy Daiiy Daily Daily
59.8
Over-seeding-warm season turf Optional Optional Optional Optional
5g.9
Course closed during over-seeding RD/DoM RD/DoM No No
5g.10
Amenities:
Plastic or zinc cups OK OK OK OK
Logo flags - course logo Mandatory Mandatory No No
Red/white/blue flag system Optional Optionai Mandatory Mandatory
Replace flags & cups (12 mo. Play) 4x1year 4x1year 3x1year 2x1year
59.11
Irrigation Head Trimming Bi-Weekly Bi-Weekly Tri-Weekly Tri-Weekly
Overview: Tee's shouid be smooth, completely
turfed, level, firm but not hard, clean, properly
directed, with amenities in good condition and
repair, consistent and uniform. Markers rotated
consistent with cup rotation system and aligned with
the line of play.
Aerify tee boxes at least 3 times per year and top
dress.
Verticut tee twice a year for thatch removal.
Tees, Collars & Approaches
Platinum Gold Silver Bronze
5t.1
Mowing frequency 3x plus nine 3x plus nine 3x1week 3x1week
St. 2
Cutting height 1/4-3/8 5/16-7/16 3/8-1/2 1/2-3/4
.250-.375 .312-.437 .375-.500 .500-.750
51. 3
Greens approach & collar cut frequency 3x pius 9 3x plus 10 3x1week 3x1week
03674-00043-1425933.3
5
0~Z/
~- "--..-
51.4
Tee markers changed Daily Daily Daily Daily
>50 Rounds >50 Rounds
51.5
Divots repaired Daily Daily Daily Daily
51.6
Green divot sand Optional Optional No No
5t. 7
Over-seeding-warm season turf Optional Optional Mandatory Optional
5t. 8
Course closed during over-seeding RD/DoM RD/DoM No No
approval approval
51. 9
Amenities:
Ball washers/trash containers
-Regular tees All holes All holes All holes 9 per 18
-Forward tees All holes Optional Optional No
5t.1O
Ball washer detailing Daily Daily 3x/week 3x/week
51. 11
Course logo tee markers Optional Optional No No
Benches as needed Optional Optional Yes Optional
Tee signage - purchased Yes Yes Yes/ City Logo Yes
Yardage monuments Yes Yes Yes Optional
Divot bottles on carts Yes Yes Yes No
Divot buckets on Par 3's Yes Yes Yes Yes
51.12
Irrigation head trimming Bi-Weekly Bi-Weekly Tri-weekly Tri-weekly
Course Restrooms
Platinum Gold Silver Bronze
5rr.1
-Service frequency 2x/day 2x/day 2x/day 2x/day
5rr.2
-Porta-let pumping frequency 2x/week 2x/week 2x/week 2x/week
5rr.3 All drinking fountains maintained
and repaired so as to be
sanitary, secured and functional.
03674-00043-1425933.3
6
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-,¿.¿,
--.---.- .. _._~..._,..__.~.._-"-~. -..--....-- -~",. ,-~--
Overview: Fairways should be smooth, uniform turf
cover,
stripe-mowed, clean, firm but not hard,
well defined and contoured
to properly support the ball for play
Aerifiy at least 3 times per year.
Verticut fairways as necessary for turf health and
playing condition.
Over-seed and top dress (or resod) worn or bare
areas of fairways as necessary.
rairwayS Platinum Gold Silver Bronze I
Sf. 1
Mowing frequency 3x1week plus 2x1week pius 3x1week 2-3x1week
9 Sat & Sun 10 Sat & Sun
Sf. 2
Cutting height 5/16-7/16 7/16-1/2 1/2-5/8 1/2 -3/4
.312-.437 .437-.500 .500-.625 .500-.750
Sf. 3
Divot repair 5x1week 2-3x1week 1x1week 1 xlweek
Sf. 4
Divot repair (landing areas) 5x1week 5x1week 2x1week 1 xlweek
Sf. 5
Overseeding - warm season turf Optional Optional Optional/ Optional
Sf. 6
Yardage markings
(1 system minimum required.)
-In roughs both/one sides 100, 150, 200 No No Yes Optional
-Yardage disk(s) flush w/ground Optional Optional Yes Optional
-150 Vertical center post No Optional Mandatory Mandatory
-On sprinkler heads from 50 to 250 yards Mandatory Mandatory 50-200 50-150
-Marked on cart paths Mandatory Mandatory Mandatory Mandatory
Sf. 7
Irrigation head edging Bi-weekly Every 3 wks Monthly N/A
03674-00043-1425933.3
7
~ '7-'
-¡;..';)
...---.-" ..~---
Overview: Roughs should be properly mowed and
trimmed, clean and adequately uniform for play,
distinct in height from fairway and intermediate
rough. Overseed and top dress (or resod) worn or
bare areas in turn as necessary.
Roughs
Platinum Gold Silver Bronze
Sr. 1
Mowing frequency 2-3x/week 2x/week 1-1.5x/week 1 x/week
Sr. 2
Cutting height (effective)
Warm Season 1.0-2.0 1.0-1.5 1.0-1.5 Same as frwy
Cool Season 1.5-2.5 1.5-2.5 1.5-2.0 1.5-2.0
Sr. 3
Over-seeding - Warm season turf Optional Optional Optional Optional
(all segments market driven)
Sr.4
Intermediate rough cut Optional Optional No No
Sr. 5
Caddie walks Optional Optional No No
Sr. 6
Mowing - green/tee banks 1-3x/week 2x/week 1-2x/week 1x/week
Sr. 7
Chemical trimming of trees, fences No Optional Yes Yes
Sr.8
Growth Regs. (trees & fences) Optional Optional Optional No
03674-00043 -1425933.3
8
0-21
__~_.._.____.___M'_'___···_~~·__'·"
Overview: Sand bunkers should be clean, well
defined, weed-free, reasonably free of stones, raked
and edged, well drained, uniform and consistent
throughout each bunker and the golf course.
Minimum sand depth of four inches. Rakes placed
outside and parallei to the line of piay.
Bunkers should be replenished with approved
bunker sand as needed to maintain proper depth.
IBunkers Platinum Gold Silver Bronze I
Sb.1
Mechanical or hand raking frequency
MUST INCLUDE WEEKENDS & HOLIDAYS
-Green bunkers lx/week lx/week 6x1week 4x/week
-Fairway bunkers lx/week lx/week 6x/week 4x/week
Sb.2
Spot checking raking by hand
-Green bunkers N/A N/A Balance of days None
Sb.3
-Fairway bunkers N/A N/A Balance of days None
Sb,4
Edging-cool season grasses
-Mechanical (interval) ex. stick edging 2 weeks 2 weeks 3 weeks 3 weeks
(maintenance)
Sb.5
-Chemical (primo) Yes Yes Optional No
Sb.6
Edging - warm season grasses
-Mechanical (interval) 1-2 weeks 2 weeks 2 weeks 2 weeks
ex. stick edging (maintenance)
Sb. 1
-Chemical (primo) Yes Yes Optional No
03674-{)OO43-1425933.3
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(,-25
---.,.....---.- "----------.-
Carts Paths, Curbs, & Traffic Control
Overview: All paths clean, well defined, edged,
smooth, in good repair, well drained and properly
iocated with adequate width and proper surface for
use. Curbing shouid be used for traffic control
wherever possibie. Permanent traffic devices should
be pre-approved and carried consistently throughout
the property, keeping aesthetic value and safety in
mind. To the extent practicable utilizing a weekly
maintenance schedule, all cart paths shall be free of
pot holes.
Carts Paths, Curbs, & Traffic Control
Platinum Gold Silver Bronze
Scp.1
Edging with disc (concrete)
-Warm season (interval) 1-2 weeks 2 weeks 2 weeks 2 weeks
Scp.2
-Cool season (interval) 3-4 weeks 6-8 weeks 10-12 weeks 15-20 weeks
Scp.3
Sweeping/blowing paths (buffalo turbo.)
-Green/tee areas 3x1week 3x1week 1 xlweek 1 xlweek
-All other 2-3x1week 2x1week 1x1week Fridays
Scp.4
Worn areas adjacent to path
-Where irrigated Not Not Not Not
Acceptable Acceptable Acceptable Acceptable
Scp.5
Repair pot holes 1 xlweek 1 xlweek 1 xlweek 1 xlweek
Overview: These are areas that are meant to
enhance the landscape and catch the eye of the
customer, so they should be weed free, edged and
have good seasonal color.
Landscape Beds
Platinum Gold Silver Bronze
51.1
Edging
-Warm season (interval) 1 weeks 1 weeks 2 weeks 3 weeks
-Cool season (interval) 2 weeks 2 weeks 3 weeks 4 weeks
03674-00043-1425933.3
10
0--2b
------- .~. _.."...__.._--~_.~--~-~..._.,-_..,.._-_..,-,,_..._. ~
S/. 2
Chemically/Manual Remove Weeds Weekly Weekly Bi-Weekly Bi-Weekly
S/.3
Mulching (raking & tilling) 1-2x1week 1-2x1week Monthly Monthly
Driving Range & Practice Center I
Overview: All practice greens are to be as similar as
possible to well-maintained course greens: smooth,
uniformly turfed, firm but not hard, well defined and
free of all major pest problems. Amenities are to be
uniform, clean and in good repair.
Bare areas on practice greens shall be overseeded
and top dressed (or resodded) as necessary.
Greens shall be treated for foreign grasses and weeds, including Kikuyu and
common Bermuda grass as appropriate using the latest chemistries available in
California applied at the recommended label rates.
Quad needle (solid) tine aerations (practice greens)
during periods of heavy play and excessive
moisture.
Aerification (practice greens) 3/8" to 5/8" tines, 3
times annually. Remove cores and top dress with
greens approved sand. Fill the cores to greens
surface with top dressing sand and level with mat or
other devices and soak with water.
11. Practice Green Standards I
Platinum Gold Silver Bronze
Spg.1
Mowing frequency Daily Daily Daily Daily
Spg.2
Cutting height 1/10-1/8 1/8-9/64 1/8-5/32 1/8-3/16
.100-125 .125-140 .125-.157 .125-.187
Spg.3
Light topdressing Weekly/Bi- Bi-Weekly Bi-Weekly- (Feb. - Optional
Weekly June)
Monthly (July - Jan.)
03674-00043-1425933.J
11
Co - 21
,-.,'--' .'.-..,
Spg.4
Daily putting speed 10-12 9-10 8.0-9.0 7.0-8.0
Spg.5
Cups changed (no spiked flag sticks) Daily Daiiy Daily Daily
>50 Rounds >50 Rounds
Spg.6
Dew & clippings removal Daily Daily Daily Daily
Spg.7
Over-seeding-warm season turf Yes Yes Yes Yes
Spg.8
Amenities:
Plastic or zinc cups OK OK OK OK
Logo markers Optional Optional No No
Overview: Range landing areas are to be clean,
uniformly turfed and mowed, weed free and well
marked to direct players. Nets and screens, when
used, are to be in good repair, and uniformly and
neatly trimmed.
Over-seed and top dress (or resod) worn or bare
areas as necessary.
Range Landing Area Standards
Platinum Gold Silver Bronze
SrI. 1
Mowing frequency 3x/week 2x/week 1x/week 1x/week
SrI. 2
Fairway cut on range Yes Yes No No
Sri. 3
Cutting height (Fairway) 5/16-7/16 7/16-1/2 N/A N/A
(Rough) 1.5-2.5 1.5-2.5 1.5-2.0 1.0-2.0
Sr. 4
Target greens Yes Yes Yes Yes
SrI. 5
Target green over-seeding if applicable Yes Yes 4.1. Yes Paint
03674'{)OO43-1425933.3
12
iÓ '2
;-""..
,1- Jt-
-_.~'-'-'-"'-"-"-' _ __...._.w .'...--.
SrI. 6
Yardage flags with oversized poles Yes Yes Yes Yes
(New) Color Coded
With distance sign to each flag
Overview: All practice tees are to be smooth,
completely turfed within the current line location,
level, firm but not hard, properly directed. Amenities
are to be in good condition and repair, consistent
and uniform. Mats, if used, are to be clean and in
good repair and replaced as necessary to ensure
quality.
Over-seed and top dress (or resod) worn or bare
areas as necessary.
Practice Tee Standards
Platinum Gold Silver Bronze
Spt.1
Mowing frequency 4x1week 3x1week 2x1week 2x1week
Spt.2
Cutting height 1/4-3/8 5/16-7/16 3/8-1/2 1/2-3/4
.250-.375 .312-.437 .375-.500 .500-.750
Spt.3
Line location changed Daily Daily Daily Daily
Spt.4
Divots repaired Daily Daily 4x1week 3x1week
Spt. 5
Over-seeding - warm season turf Optional Optional Optional Optional
Spt.6
Tee closed during over-seeding RD/DoM RD/Dom No No
Approval
Spt. 7
Amenities:
Trash containers Yes Yes Yes Yes
Benches Yes Yes Yes Yes
Club washer Yes Yes Yes Yes
Spike brushes Yes Yes Yes Yes
Bag racks Yes Yes Yes Yes
Drinking water Yes Yes Yes Yes
Yardage marking system at tee Yes Yes Yes Yes
Range balls shall be in good and clean condition Yes
03674-00043-1425933.3
13 0-2<1
.,..,.--.--.- ----,-_.._---,.. .._~--
Mats shall be clean and free of torn areas Yes
Overview: All trees that prevent 100% turf grass
coverage in the "in play areas" due to light
exclusion must be selectively pruned. Trees that
impose a safety threat to golfers or staff (falling
branches etc.) must be removed or selectively
pruned. Tree canopy height shall be consistent
throughout the golf course. Stumps are
unacceptable in all segments with the exception of
areas designated as natural habitats.
Tree Trimming Platinum Gold Silver Bronze
Stt.1
Tree Trimming in play areas Yes Yes Yes Yes
Stt. 2
Tree trimm ing rough Yes Yes Yes Yes
[ The addition and/or removal of trees shall conform to an approved tree management plan. The
tree management plan should be an element of the five year capital improvement plan.
IClubhouse Grounds-Silve~
· Overview: neat well maintained grounds. Lawns mowed and edged weekly. All beds free
of weeds, leaves and litter, use of annual color minimized in favor of perennials and
shrubs. All grounds free of cigarette butts and debris.
· Parking lots, maintenance yard and sidewalks policed for litter daily, and swept or blown
three times a week, prior to guests/members arrival or at night after closing.
· Lawns will be mowed and edged weekly.
· Annual plantings will be minimized: where they exist, they will be rotated as seasonal
climate dictates.
· Landscape materials and perennials will be planted in properly amended soil and will be
appropriate for the planted areas' sun and shade exposure.
IIPlants will be irrigated appropriately.
!water Bodies-Silve~
Overview: Clean, well defined, free of weeds, trash and noxious growth. Marked in accordance
with USGA rules and materials.
03674-00043- ¡ 425933.3
14
/' --10
i£--?
-~------_._--_.~.__. ....---....-.---..-.
General Maintenance duties:
All streambeds are to be regularly maintained to be fÌ'ee of debris and trash.
Drainage structures- Maintain and repair as necessary surface flow lines, swales, catch basins,
grates, sub-surface drainage system and other drainage structures that are the responsibility of the
Golf Course and keep such structures clear of soil and silt build up~
Bridges, decking safety rails, abutments and approaches- Maintain structures physically safe and
in stable condition at all times.
Rodent and other animal pests-Control vertebrate pest to protect against the destruction of golf
course plantings, and golf turf areas. Protect and repair the golf course playing surfaces.
All lighting in the parking lot, clubhouse and maintenance areas shall be maintained and in good
working condition.
Ball Protection fencing and property fencing: Maintain and repair all fencing to provide the
intended protection and define property lines.
Poles and anchor lines should be maintained in a safe, secure, and aesthetically pleasing
condition at all times.
Maintain the irrigation system, including pumping system, pump houses and backflow/gate valve
assemblies, main lines, valves, lateral lines, and sprinkler heads and controllers in good repair,
functioning to their design specifications as installed, and conforming to all related codes and
regulations at all times.
Overview: each facility is to have a pre-defined, written plan developed by the Superintendent
and General Manager, reviewed by the City of Chula Vista outlining how the golf course will be
set up on a "High Utilization" peak day. Tee positions, pin placements, amenities, and general
course maintenance should provide the guest an enjoyable golfing experience while maximizing
tee time utilization. Each course plan should include the following as a minimum standard to be
met:
03674-00043-1425933.3
15
Cç~31
___u_~ _ ~--- -------~~._,._.
Pace of Play Standards:
Platinum Gold Silver Bronze
Spp.1
Written Pace of Play Plan Yes Yes Yes Yes
Spp.2
Tee marker placement defined in plan Yes Yes Yes Yes
Spp.3
Pin positions defined in plan Yes Yes Yes Yes
Spp.4
Red/white/blue flag system Optional Optional Yes Yes
Spp.5
Fairway-cutting height 5/16-7/16 7/16-1/2 1/2-5/8 1/2 - 3/4
.312-.437 .437-.500 .500-.625 .500-.750
Spp.6
Rough-cutting height 1.0-2.0 1.0-1.5 1.0-1.5 Same as frwy
(unless agronomic condition prevails) 1.5-2.5 1.5-2.5 1.5-2.0 1.5-2.0
Spp.7
White OB Stakes Yes Yes Yes Yes
Spp.8
Yellow/red hazard stakes-or-marking Yes Yes Yes Yes
(lateral/red should be utilized whenever possible)
Spp.9
Drop Areas Par 3's (forced to carry water) Yes Yes Yes Yes
Spp.10
Near Known hazards Yes Yes Yes Yes
Spp.11
Dist<jnce & Direction Markings
200/150/100 markers on path Bronze Bronze Hwy Marker Hwy Marker
(4" round #SC_@_CP)
200/150/100 painted on path No No No No
250/200/100 yardage flush with ground Yes Yes Yes Yes
150 vertical pole-center of fairway Mandatory Mandatory Mandatory Mandatory
Yardage on sprinkler heads Yes Yes Optional Optional
03674-00043-1425933.3
16
k: ";:;n
,-',./~
-,-..--....--.-...---.--.-.--
Yardage flush with ground on all tees Yes Yes Yes Yes
Signage indicating yardage to hazard Yes Yes Yes Yes
target flags on blind holes Optional Optional Optional Optional
Spp.12
Cart ruling (unless agronomic condition
prevails)
Paths only No No No No
90 degree rule Yes Yes Yes Yes
Spp.13
Debris
Foliage/underbrush maintained Yes Yes Yes Yes
Leaf removal Yes Yes Yes Yes
SPP.14 I
Bunker rakes 1-20 lin. Ft 1-20 lin. Ft 1-20 lin. Ft 1-20 lin. Ft
SPP. 15
Written Traffic Management Plan Yes .
03674-00043-1425933.3
17
';2 r>
(Ó -_..J~
'-"'--"'-'-'-"--..-.---"-'-- ~-,-
RESOLUTION NO. 2004-
-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A SECOND AMENDMENT TO
THE LEASE AGREEMENT BETWEEN THE CITY AND
AMERICAN GOLF CORPORATION TO INCREASE THE
STANDARD OF .\1ANTENANCE FROM A BRONZE TO A
SILVER STANDARD FOR THE CHULA VISTA MUNICIPAL
GOLF COURSE AND AUTHORIZING THE MAYOR TO
EXECUTE SAID SECOND AMENDMENT
WHEREAS, on October 15, 1984, the City Council approved a Lease Between the City of
Chula Vista (City) and the American Golf Corporation (AGC) for the Operation of Public Golf
Course and Driving Range; and
WHEREAS, on July 1, 1986, the City and AGC entered into a First Amendment to the Lease;
and
WHEREAS, City staff has negotiated a lease amendment, attached as Exhibit C to the
agenda statement, that increases the standard of maintenance for the Chula Vista Municipal Golf
Course for the remaining tenn of the lease; and
WHEREAS, AGC has lncreased its maintenance budget for the current year over $100,000
to meet the silver maintenance standards in the proposed lease amendment and has appropriated over
$452,000 this year for capital improvements to the Golf Course;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the CityofChula Vista
does hereby approve a Second Amendment to the Lease Agreement between the City and American
Golf Corporation to increase the standard of maintenance crom a bronze to a silver standard for the
Chula Vista Municipal Golf Course and authorizes the Mayor to execute said Second Amendment.
Presented by
Dave Byers
Director of Public Works Operations
J:Attorney/Reso/Amendments/ACG Lease Amendment
(Ç-3Lf
,._..,,'__'__"__ 'H____
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Dated: ///i/o'l
Second Amendment to the Lease Agreement
Between the City of Chula Vista and
American Golf Corporation to increase the Standard
Of Maintenance from a Bronze to a Silver Standard for the
Chula Vista Municipal Golf Course
/ --,-
rc - .-"~-
I.,' ~,_,~
. .. -- .-. ...,."-"~"-""-"--"-"------- -.---.---.---..
SECOND AMENDMENT OF LEASE
1. Identification of Parties. This Second Amendment of Lease (this "Amendment") is made
and entered into on this _ day of November , 2004, by and between the City of Chula Vista, a
municipal corporation ("City"), and American Golf Corporation, a California corporation
("Lessee").
2. Recitals.
2.1. City and Lessee are parties to that certain Lease For the Operation of a Public
Golf Course and Driving Range dated October 15, 1984 ("Original Lease"). The Original Lease
has heretofore been amended by that certain Amendment Number 1 of the Lease dated October
15, 1984 between City and Lessee. The Lease, as so amended, is referred to herein as the
"Lease."
2.2. City and Lessee desire to amend the Lease, among other things, to change the
standards by which Lessee maintains the demised premises, and to provide for the development
of a mutually acceptable long-term capital improvement plan for the golf course, all upon the
terms set forth in this Amendment.
In consideration of the foregoing recitals and the mutual covenants contained in this
Amendment, and for other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, City and Lessee desire to amend the Lease upon the terms set forth
below.
3. Amendments.
3.1. Maintenance Standards.
(a) Section II.B of the Lease is hereby deleted and replaced with the
following:
"B. General Maintenance Specifications. Lessee, solely at its own
cost and expense, shall maintain the demised premises III
accordance with the Lessee's "Silver" maintenance standards as
modified and set forth on Exhibit 'A' attached hereto and
incorporated herein by this reference. Each year during the term of
this Lease, Lessee shall in good faith establish a budget which
specifies the amounts Lessee estimates are necessary for Lessee to
expend in order to satisfy its maintenance obligations hereunder
for the ensuing calendar year. Lessee shall not modifY the
maintenance standards set forth in Exhibit A without the express
written consent of the City. Exhibit "D" attached to the Lease is
hereby deleted, it being understood and agreed that all references
in the Lease to Exhibit "D" shall now be to Exhibit "A" attached to
this Amendment.
1
03674-00043-1425933.3 0-36
-'-"-^ --.-...------ "~---.--. .-.
3.2. Capital Improvement Plan. Each year during the term of the Lease, as amended
by this Amendment, City and Lessee shall endeavor to develop a mutually agreeable capital
improvement plan ("plan) covering the immediately succeeding five (5) full calendar year
period. City and Lessee shall act in good faith and reasonably cooperate with each other in
developing each such plan. Lessee's obligation to implement the provisions of each plan shall be
contingent upon the approval by Lessee's Board of Directors of funding the expenditures
required to implement the plan. If Lessee's Board of Directors does not approve such funding
for any reason, then Lessee shall not be obligated to expend such funds or implement the
applicable plan, and the failure to expend such funds or implement the applicable plan shall not
constitute a breach of the Lease, as amended by this Amendment, by Lessee. Notwithstanding
that each plan will cover a five (5) year period, City acknowledges that Lessee anticipates that
Lessee's Board of Directors will not in any instance approve the expenditure of funds more than
one (1) year in advance. Nothing in this section relieves Lessee of its obligation to maintain the
demised premises in accordance with the standards set forth in Exhibit A.
4. No Other Changes. Except as expressly amended by this Amendment, the Lease remains
unchanged and shall continue in full force and effect.
In witness whereof, City and Lessee have executed this Amendment as of the date first
set forth above.
"CITY"
THE CITY OF CHULA VISTA,
a municipal corporation
By:
Name:
Its: Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to Form:
Ann Moore, City Attorney
2 tç;,37
03674-00043-1425933.3
. ._..~_._---~_..,,-- ...-......--.-
"LESSEE"
/1
AME.RIC~ 90L¡¿z9RP TION,
a CaJ¡fonua <;ÐrpO . ~Ðn
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Ñamt!. Mark J. Friedman
Itsv'beneral Counsel/Secretary
,
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03674-00043 -1425933 3
.··._·n__ ,---_._--~,.
EXHIBIT "A"
Maintenance Standards
Overview: All greens are to be smooth, uniformly
covered with turf, firm but not hard, well defined and
free of all major pest problems. Cups, poles and
fiags are to be uniform, clean and in good repair.
Outline should be consistent with predetermined
dimensions.
Greens shall be treated for foreign grasses and weeds, including Kikuyu and
common Bermuda grass as appropriate using the latest chemistries available in
California applied at the recommended label rates.
Quad needle (solid) tine aerations during periods of
heavy play and excessive moisture.
Aerification 3/8" to 5/8" tines, 3 times armually.
Remove cores and top dress with greens
appropriate sand. Fill the cores to greens surface
with top dressing sand and level with mat or
other devices and soak with water.
Standards
¡Greens Platinum Gold Silver Bronze I
Sg.1
Mowing frequency Daily Daily Daily Daily
Sg.2
Cutting height 1110-118 118-9164 118-5132 118-3116
.100-.125 .125-140 .125-.157 .125-.187
5g.3
Light topdressing WeeklylBi- Bi-Weekly Bi-Weeklyl (Feb. - Optional
Weekly June)
Monthly( July - Jan)
Sg.4
Daily putting speed 10-12 9-10 8.0-9.0 7.0-8.0
03674-00043·[425933.3
4 (Q ~ ?/i
.--.-...... ._---,_..,.....,.~_.._---_.
5g.5
Cups changed Daily Daily Daily Daily
>50 Rounds >50 Rounds
5g.6
Bali marks repaired, no bali marks Daily Daily Daily Daily
within 10 foot radius of hole.
5g.7
Dew & clipping removal Daily Daily Daily Daily
5g.8
Over -seeding-warm season turf Optional Optional Optional Optional
5g.9
Course closed during over-seeding RD/DoM RD/DoM No No
5g.10
Amenities:
Plastic or zinc cups OK OK OK OK
Logo flags - course logo Mandatory Mandatory No No
Red/white/blue flag system Optional Optional Mandatory Mandatory
Replace flags & cups (12 mo. Play) 4x1year 4x/year 3x1year 2x1year
5g.11
Irrigation Head Trimming Bi-Weekly Bi-Weekly Tri-Weekly Tri-Weekly
Overview: Tee's should be smooth, completely
turfed, level, firm but not hard, clean, properly
directed, with amenities in good condition and
repair, consistent and uniform. Markers rotated
consistent with cup rotation system and aligned with
the line of play.
Aerify tee boxes at least 3 times per year and top
dress.
Verticut tee twice a year for thatch removal.
Tees, Collars & Approaches
Platinum Gold Silver Bronze
5t. 1
Mowing frequency 3x plus nine 3x plus nine 3x/week 3x/week
5t.2
Cutting height 1/4-3/8 5/16-7/16 3/8-112 1/2-314
.250-.375 .312-.437 .375-.500 .500-.750
St. 3
Greens approach & collar cut frequency 3x plus 9 3x plus 10 3x/week 3x/week
03674-00043-1425933.3
5 0-LfD
-".--~---.--- --....----
St.4
Tee markers changed Daily Daily Daily Daily
>50 Rounds >50 Rounds
St. 5
Divots repaired Daily Daily Daily Daily
St. 6
Green divot sand Optional Optional No No
St. 7
Over-seeding-warm season turf Optional Optionai Mandatory Optional
St. 8
Course closed during over-seeding RD/DoM RDlDoM No No
approval approval
St. 9
Amenities:
Ball washers/trash containers
-Regular tees All holes All holes All holes 9 per 18
-Forward tees All holes Optional Optional No
St. 10
Ball washer detailing Daily Daily 3xJweek 3xJweek
St. 11
Course logo tee markers Optional Optional No No
Benches as needed Optional Optional Yes Optional
Tee signage - purchased Yes Yes Yes/ City Logo Yes
Yardage monuments Yes Yes Yes Optional
Divot bottles on carts Yes Yes Yes No
Divot buckets on Par 3's Yes Yes Yes Yes
St. 12
Irrigation head trimming Bi-Weekly Bi-Weekly Tri-weekly Tri-weekly
Course Restrooms
Platinum Gold Silver Bronze
Srr.1
-Service frequency 2x/day 2x/day 2x/day 2x/day
Srr.2
-Porta-let pumping frequency 2x/week 2xJweek 2x/week 2xJweek
Srr.3 All drinking fountains maintained
and repaired so as to be
sanitary, secured and functional.
03674-00043-1425933.3
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(0- ,
. ~_.. .._----~-- __.____-.n._____._._n__._.' ".,.",_
Overview: Fairways should be smooth, uniform turf
cover,
stripe-mowed, clean, firm but not hard,
well defined and contoured
to properly support the ball for play
Aerifiy at least 3 times per year.
Verticut fairways as necessary for turf health and
playing condition.
Over-seed and top dress (or resod) worn or bare
areas of fairways as necessary.
IFairways Platinum Gold Silver Bronze I
Sf. 1
Mowing frequency 3x1week plus 2x1week plus 3x1week 2-3x1week
9 Sat & Sun 10 Sat & Sun
Sf. 2
Cutting height 5/16-7/16 7/16-1/2 1/2-5/8 1/2 -3/4
.312-.437 .437-.500 .500-.625 .500-.750
Sf. 3
Divot repair 5x1week 2-3x1week 1 xlweek 1x1week
Sf. 4
Divot repair (landing areas) 5x1week 5x1week 2x1week 1 xlweek
Sf. 5
Overseeding - warm season turf Optional Optional Optional! Optional
Sf. 6
Yardage markings
(1 system minimum required.)
-In roughs both/one sides 100, 150, 200 No No Yes Optional
-Yardage disk(s) flush w/ground Optional Optional Yes Optional
-150 Vertical center post No Optional Mandatory Mandatory
-On sprinkler heads from 50 to 250 yards Mandatory Mandatory 50-200 50-150
-Marked on cart paths Mandatory Mandatory Mandatory Mandatory
Sf. 7
Irrigation head edging Bi-weekly Every 3 wks Monthly N/A
03674-00043-1425933.3 h~Lf2..
7
..-....-
Overview: Roughs should be properly mowed and
trimmed, clean and adequately uniform for play,
distinct in height from fairway and intermediate
rough. Overseed and top dress (or resod) worn or
bare areas in turn as necessary.
Roughs
Platinum Gold Silver Bronze
Sr.1
Mowing frequency 2 -3x/week 2x/week 1-1 .5x/week 1 xIweek
Sr. 2
Cutting height (effective)
Warm Season 1.0-2.0 1.0-1.5 1.0-1.5 Same as frwy
Cool Season 1.5-2.5 1.5-2.5 1.5-2.0 1.5-2.0
Sr. 3
Over-seeding - Warm season turf Optional Optional Optional Optional
(all segments market driven)
Sr.4
Intermediate rough cut Optional Optional No No
Sr. 5
Caddie walks Optional Optional No No
Sr. 6
Mowing - green/tee banks 1-3x/week 2x/week 1-2x/week 1x/week
Sr.7
Chemical trimming of trees, fences No Optional Yes Yes
Sr. 8
Growth Regs. (trees & fences) Optional Optional Optional No
03674-00043-1425933.3
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._"'-,_._._--,._-~--- .,--..--,..-.-----.--.-.. .. .4__
Overview: Sand bunkers should be clean, well
defined, weed-free, reasonably free of stones, raked
and edged, well drained, uniform and consistent
throughout each bunker and the golf course.
Minimum sand depth of four inches. Rakes placed
outside and parallel to the line of play.
Bunkers should be replen ished with approved
bunker sand as needed to maintain proper depth.
¡Bunkers Platinum Gold Silver Bronze I
Sb.1
Mechanical or hand raking frequency
MUST INCLUDE WEEKENDS & HOLIDAYS
-Green bunkers 7xJwee k 7.x/week 6x/week 4x/week
-Fairway bunkers 7x/week 7x/week 6x/week 4x/week
Sb.2
Spot checking raking by hand
-Green bunkers N/A N/A Balance of days None
Sb.3
-Fairway bunkers N/A N/A Balance of days None
Sb.4
Edging-cool season grasses
-Mechanical (interval) ex. stick edging 2 weeks 2 weeks 3 weeks 3 weeks
(maintenance)
Sb.5
-Chemical (primo) Yes Yes Optional No
Sb.6
Edging - warm season grasses
-Mechanical (interval) 1-2 weeks 2 weeks 2 weeks 2 weeks
ex. stick edging (maintenance)
Sb.7
-Chemical (primo) Yes Yes Optional No
03674-00043-1425933.3
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Carts Paths, Curbs, & Traffic Control
Overview: All paths clean, well defined, edged,
smooth, in good repair, well drained and properly
located with adequate width and proper surface for
use. Curbing should be used for traffic control
wherever possible. Permanent traffic devices should
be pre-approved and carried consistently throughout
the property, keeping aesthetic value and safety in
mind. To the extent practicable utilizing a weekly
maintenance schedule, all cart paths shall be free of
pot holes.
Carts Paths, Curbs, & Traffic Control
Platinum Gold Silver Bronze
Scp.1
Edging with disc (concrete)
-Warm season (interval) 1-2 weeks 2 weeks 2 weeks 2 weeks
Scp.2
-Cool season (interval) 3-4 weeks 6-8 weeks 10-12 weeks 15-20 weeks
Scp.3
Sweeping/blowing paths (buffalo turbo.)
-Green/tee areas 3x/week 3x/week 1 x/week 1 x/week
-All other 2-3x/week 2x/week 1 x/week Fridays
Scp.4
Worn areas adjacent to path
-Where irrigated Not Not Not Not
Acceptable Acceptable Acceptable Acceptable
Scp.5
Repair pot holes 1 xlweek 1 xlweek 1 xlweek 1 xlweek
Overview: These are areas that are meant to
enhance the landscape and catch the eye of the
customer, so they should be weed free, edged and
have good seasonal color.
Landscape Beds
Platinum Gold Silver Bronze
SI.1
Edging
-Warm season (interval) 1 weeks 1 weeks 2 weeks 3 weeks
-Cool season (interval) 2 weeks 2 weeks 3 weeks 4 weeks
03674-00043-1425933.3
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10 -, -~
~--'~.'.-~ "--",--------_.,-_.-
51. 2
Chemically/Manual Remove Weeds Weekly Weekly Bi-Weekly Bi-Weekly
51.3
Mulching (raking & tilling) 1-2x1week 1-2x1week Monthly Monthly
IDriving Range & Practice Center I
Overview: All practice greens are to be as similar as
possible to well-maintained course greens: smooth,
uniformly turfed, firm but not hard, well defined and
free of all major pest problems. Amenities are to be
uniform, clean and in good repair.
Bare areas on practice greens shall be overseeded
and top dressed (or resodded) as necessary.
Greens shall be treated for foreign grasses and weeds, including Kikuyu and
common Bermuda grass as appropriate using the latest chemistries available in
California applied at the recommended label rates.
Quad needle (solid) tine aerations (practice greens)
during periods of heavy play and excessive
moisture.
Aerification (practice greens) 3/8" to 5/8" tines, 3
times annually. Remove cores and top dress with
greens approved sand. Fill the cores to greens
surface with top dressing sand and levei with mat or
other devices and soak with water.
11. Practice Green Standards I
Platinum Gold Silver Bronze
Spg.1
Mowing frequency Daily Daily Daiiy Daily
Spg.2
Cutting height 1/10-1/8 1/8-9/64 1/8-5/32 1/8-3/16
.100-125 .125-140 .125-.157 .125-.187
Spg, 3
Light topdressing Weekly/Bi- Bi-Weekly Bi-Weekly- (Feb. - Optional
Weekly June)
Monthiy (July - Jan.)
03674-V0043-[425933 .3 0-~b
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Spg.4
Daily putting speed 10-12 9-10 8.0-9.0 7.0-8.0
Spg.5
Cups changed (no spiked flag sticks) Daily Daily Daily Daily
>50 Rounds >50 Rounds
Spg.6
Dew & ciippings removal Daily Daily Daily Daily
Spg.7
Over-seeding-warm season turf Yes Yes Yes Yes
Spg.8
Amenities:
Plastic or zinc cups OK OK OK OK
Logo markers Optional Optional No No
Overview: Range landing areas are to be clean,
uniformly turfed and mowed, weed free and well
marked to direct players. Nets and screens, when
used, are to be In good repair, and uniformly and
neatly trimmed.
Over-seed and top dress (or resod) worn or bare
areas as necessary.
Range Landing Area Standards
Platinum Gold Silver Bronze
Sri. 1
Mowing frequency 3x1week 2x1week 1 xlweek 1x1week
SrI. 2
Fairway cut on range Yes Yes No No
SrI. 3
Cutting height (Fairway) 5/16-7/16 7/16-1/2 N/A N/A
(Rough) 1.5-2.5 1.5-2.5 1.5-2.0 1.0-2.0
Sr.4
Target greens Yes Yes Yes Yes
SrI. 5
Target green over-seeding if applicable Yes Yes 4.1. Yes Paint
0367 4-D0043-142593 3.3
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--.,.,"- .-~-~'~.-_._---'- . -.------.-...--.--"-.,.' ""'-'-
Sri. 6
Yardage flags with oversized poles Yes Yes Yes Yes
(New) Color Coded
With distance sign to each flag
Overview: All practice tees are to be smooth,
completeiy turfed within the current line location,
level, firm but not hard, properly directed. Amenities
are to be in good condition and repair, consistent
and uniform. Mats, if used, are to be clean and in
good repair and replaced as necessary to ensure
quality.
Over-seed and top dress (or resod) worn or bare
areas as necessary.
Practice Tee Standards
Platinum Gold Silver Bronze
Spt.1
Mowing frequency 4x/week 3x/week 2x/week 2x/week
Spt.2
Cutting height 1/4-3/8 5/16-7/16 3/8-1/2 1/2-3/4
.250-.375 .312-.437 .375-.500 .500-.750
Spt.3
Line location changed Daily Daily Daily Daily
Spt.4
Divots repaired Daily Daily 4x/week 3x/week
Spt. 5
Over-seeding - warm season turf Optional Optional Optional Optional
Spt. 6
Tee closed during over-seeding RD/DoM RD/Dom No No
Approval
Spt. 7
Amenities:
Trash containers Yes Yes Yes Yes
Benches Yes Yes Yes Yes
Club washer Yes Yes Yes Yes
Spike brushes Yes Yes Yes Yes
Bag racks Yes Yes Yes Yes
Drinking water Yes Yes Yes Yes
Yardage marking system at tee Yes Yes Yes Yes
Range balls shall be in good and clean condition Yes
03674-00043-1425933.3
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Mats shall be clean and free of torn areas Yes
Overview: All trees that prevent 100% turf grass
coverage in the "in play areas" due to light
exclusion must be selectively pruned. Trees that
impose a safety threat to golfers or staff (falling
branches etc.) must be removed or selectively
pruned. Tree canopy height shall be consistent
throughout the golf course. Stumps are
unacceptable In all segments with the exception of
areas designated as natural habitats.
ITree Trimming Platinum Gold Silver Bronze I
Stt.1
Tree Trimming in play areas Yes Yes Yes Yes
Stt. 2
Tree trimming rough Yes Yes Yes Yes
[ The addition and/or removal of trees shall conform to an approved tree management plan. The
tree management plan should be an element of the five year capital improvement plan.
[clubhouse Grounds-Silve~
· Overview: neat well maintained grounds. Lawns mowed and edged weekly. All beds free
of weeds, leaves and litter, use of annual color minimized in favor of perennials and
shrubs. All grounds free of cigarette butts and debris.
· Parking lots, maintenance yard and sidewalks policed for litter daily, and swept or blown
three times a week, prior to guests/members arrival or at night after closing.
· Lawns will be mowed and edged weekly.
· Annual plantings will be minimized: where they exist, they will be rotated as seasonal
climate dictates.
· Landscape materials and perennials will be planted in properly amended soil and will be
appropriate for the planted areas' sun and shade exposure.
IIPlants will be irrigated appropriately.
Iwater Bodies-Silve~
Overview: Clean, well defmed, free of weeds, trash and noxious growth. Marked in accordance
with USGA rules and materials.
03674.00043·1425933.3
14 o _LI1
. _ ..__...______.___M____·__·_···_····_···.·,,·. .._".
General Maintenance duties:
All streambeds are to be regularly maintained to be ÍÌ'ee of debris and trash.
Drainage structures- Maintain and repair as necessary surface flow lines, swales, catch basins,
grates, sub-surface drainage system and other drainage structures that are the responsibility of the
Golf Course and keep such structures clear of soil and silt build upl
Bridges, decking safety rails, abutments and approaches- Maintain structures physically safe and
in stable condition at all times.
Rodent and other animal pests-Control vertebrate pest to protect against the destruction of golf
course plantings, and golf turf areas. Protect and repair the golf course playing surfaces.
All lighting in the parking lot, clubhouse and maintenance areas shall be maintained and in good
working condition.
Ball Protection fencing and property fencing: Maintain and repair all fencing to provide the
intended protection and define property lines.
Poles and anchor lines should be maintained in a safe, secure, and aesthetically pleasing
condition at all times.
Maintain the irrigation system, including pumping system, pump houses and backflow/gate valve
assemblies, main lines, valves, lateral lines, and sprinkler heads and controllers in good repair,
functioning to their design specifications as installed, and conforming to all related codes and
regulations at all times.
Overview: each facility is to have a pre-defined, written plan developed by the Superintendent
and General Manager, reviewed by the City of Chula Vista outlining how the golf course will be
set up on a "High Utilization" peak day. Tee positions, pin placements, amenities, and general
course maintenance should provide the guest an enjoyable golfmg experience while maximizing
tee time utilization. Each course plan should include the following as a minimum standard to be
met:
03674-DOO43-1425933.3
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Pace of Play Standards:
Platinum Gold Silver Bronze
Spp.1
Written Pace of Play Plan Yes Yes Yes Yes
Spp.2
Tee marker placement defined in plan Yes Yes Yes Yes
Spp.3
Pin positions defined in plan Yes Yes Yes Yes
Spp.4
Red/white/blue fiag system Optional Optional Yes Yes
Spp.5
Fairway-cutting height 5/16-7/16 7/16-1/2 1/2-518 1/2 - 3/4
.312-.437 .437-.500 .500-.625 .500-.750
Spp.6
Rough-cutting height 1.0-2.0 1.0-1.5 1.0-1.5 Same as frwy
(unless agronomic condition prevails) 1.5-2.5 1.5-2.5 1.5-2.0 1.5-2.0
Spp.7
White OB Stakes Yes Yes Yes Yes
Spp.8
Yellow/red hazard stakes-or-marking Yes Yes Yes Yes
(lateral/red should be utilized whenever possible)
Spp.9
Drop Areas Par 3's (forced to carry water) Yes Yes Yes Yes
Spp.10
Near Known hazards Yes Yes Yes Yes
Spp.11
Distance & Direction Markings
200/150/100 markers on path Bronze Bronze Hwy Marker Hwy Marker
(4" round #SC_@_CP)
200/150/100 painted on path No No No No
250/200/1 00. yardage flush with ground Yes Yes Yes Yes
150 vertical pole-center of fairway Mandatory Mandatory Mandatory Mandatory
Yardage on sprinkler heads Yes Yes Optional Optional
03674-00043-1425933.3
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(0-'''') ¡
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- __n__._ __n__ _.____._____"_~_.. ..-....
Yardage flush with ground on all tees Yes Yes Yes Yes
Signage indicating yardage to hazard Yes Yes Yes Yes
target flags on blind holes Optional Optional Optional Optional
Spp.12
Cart ruling (unless agronomic condition
prevails)
Paths only No No No No
90 degree rule Yes Yes Yes Yes
Spp.13
Debris
Foliage/underbrush maintained Yes Yes Yes Yes
Leaf removal Yes Yes Yes Yes
SPP.14 . I
Bunker rakes 1-20 lin. Ft 1-20 iin. Ft 1-20 lin. Ft 1-20 lin. Ft
SPP. 15
Written Traffic Management Plan Yes
03614-00043-142593] .3 h -02-
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. -,~..~ >...__.~-- -.---.--..-
RESOLUTION NO. 2004-
-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE CITY'S MASTER FEE
SCHEDULE AND ESTABLISHING NEW GREENS FEES AT
CHULA VISTA MUNICIPAL GOLF COURSE
WHEREAS, on October 15, 1984, the City Council approved a Lease Between the City
of Chula Vista (City) and the American Golf Corporation (AGC) for the Operation of Public
Golf Course and Driving Range; and
WHEREAS, on July 1, 1986, the City and AGC entered into a First Amendment to the
Lease. The Original Lease and that First Amendment are referred to as "the "Lease"; and
WHEREAS, Section 12f of the Lease provides in relevant part, "City shall have the right
to approve the greens fees charged by Lessee. It is the City's intention that such greens fees may
be comparable to those fees charged by other comparable public golf courses in San Diego
County for similar services" and;
WHEREAS, AGC has submitted a request for a increase in certain greens fees and it has
been approximately five years since the last rate increase submittal by AGC; and
WHEREAS, in consideration of the approval of the proposed green fee increase, AGC
has agreed to a lease amendment that, if approved by the City Council, would increase the
standards by which AGC is required to maintain the Chula Vista Municipal Golf Course; and
WHEREAS, at the Parks and Recreation Commission Meeting on October 21,2004, the
Commission endorsed (5-0) the fee increase provided that the lease amendment is signed by
AGC prior to the new green fees going into effect and that the Men's and Women's Golf Clubs
be notified; and
WHEREAS, staff compared the rate increase requested by AGC to comparable courses in
the area, such as Coronado, Bonita, Balboa and Oceanside, as well as to the amenities provided
at the comparable courses for the fees charged; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby amend the Master Fee Schedule and establish new Greens Fees at the Chula
Vista Municipal Golf Course in accordance with staffs proposal in Table 5 of the Agenda
Statement, a copy of which is on file with the City Clerk;
b-q3
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BE IT FURTHER RESOLVED, the new fees shall become effective on December 1,
2004, provided the City Council has approved, and AGC has executed, the Second Amendment
to the Lease on file with the City Clerk.
Presented by
JL f /VL
Dave Byers
Director of Public Works Operations
J:\attorney\reso\tinal1ce\MFS - age greems fees
0,r:;~
2
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