The URL can be used to link to this page

Home My WebLink AboutAgenda Packet 1997/03/25 It of perjury that I am .., d""lere ..ndar ~~ ~ Chuta Vista in t~.e emplOyed by the Co I~rk and that I pos:od Office of the City C the Bulletin Board at Tuesday, March 25, 1997 thill Agende/Notlce ';'Iding and at Cit1t Hall on Council Chambers 6:00 p.m. the Public enllc. ~I'GNEO 61¿1,.fC' .» Public Services Building OATEO,3 Rel!Ular Meetin2 of the Citv of Chula Vista Citv Council CALL TO ORDER 1. ROLL CALL: Councilmembers Moot _, Padilla _, Rindone _, Salas _, and Mayor Horton _. 2. PLEDGE OF ALLEGIANCE TO THE FLAG. MOMENT OF SILENCE 3. APPROVAL OF MINUTES: March 18, 1997. 4. SPECIAL ORDERS OF THE DAY: a. Oath of Office: Cultoral Arts Commission - Patricia B. Kelly; Economic Development Commission - Richard A. Reynolds and Nate Rubin; and Human Relations Commission - Jeffrey Scott. b. Quarterly Report from Senator Wadie Deddeh of the Wilson Group regarding work on the City's behalf in the State Capitol. CONSENT CALENDAR (Items 5 through 13) The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by the Council by one motion without discussion unless a Councilmember, a member of the public, or City staff requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak Form" available in the lobby and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Board and Commission Recommendations and Action Items. Items pulled by the public will be the first items of business. 5. WRITTEN COMMUNICATIONS: a. Letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on 3/18/97 in which the City Attorney participated, that there were no reportable actions which are required under the Brown Act to be reported. It is recommended that the letter be received and filed. b. Letter from Coleen A. Scott, Member, Cultural Arts Commission, requesting financial assistance with the Fifth Annual Classical Music Competition. Staff's recommendation is if Council wishes to approve funding again this year, that $200 be granted. __._ ___,_____, __..n'___'__''.' --_._--,--,~---_."...- Agenda -2- March 25, 1997 6. ORDINANCE 2705 CREATING AND ADDING CHAPTER 5.09 TO THE MUNICIPAL CODE FOR THE PURPOSE OF PROVIDING A PERMANENT PROCESS FOR DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR CERTAIN ALCOHOLIC BEVERAGE LICENSES (second readiDl! and adootion\ -In August 1995, Council approved a resolution providing the Police Chief with the authority, on a temporary basis, to make determinations of public convenience or necessity on certain alcoholic beverage licenses as required by State law. This proposal provides for the permanent processing of such requests. Staff recommends Council place the ordinance on second reading and adoption. (Director of Planning) 7. ORDINANCE 2706 REPEALING SECTION 15.36.160 OF THE MUNICIPAL CODE RELATING TO SPILL CONTROL AND SPILL CONTAINMENT OF FLAMMABLE/COMBUSTffiLE LIQUIDS (first readin!!\ - During the 1991 Unifonn Fire Code adoption process, Article 79 of the Fire Code was amended locally to include safeguards for flammable liquid overspill and containment. The 1994 Unifonn Fire Code contains a change to Article 79 which now provides for better safeguards to prevent storage tank overfill situations, and provides for appropriately sized spill-containment devices. As this level of protection in the Fire Code is now greater than that which is contained in the Municipal Code, the Municipal Code amendment to Article 79 is no longer necessary . Crown Chemical Corporation has submitted a written request for immediate relief from the Chula Vista requirement for overspill protection device capacities which exceed the capacity required in the Uniform Fire Code. Staff recommends Council place the ordinance on first reading. (Fire Chiet) 8. RES()LtrfI()N 18607 APPROVING A CONTRACTUAL AGREEMENT WITH JEFF KATZ ARCHITECTURE FOR ARCHITECTURAL SERVICES ASSOCIATED WITH THE RELOCATION CONSTRUCTION OF CHULA VISTA FIRE STATION NUMBER 4, AND APPROPRIATING FUNDS THEREFOR - Council-approved Capital Improvement Project Number PS-120 provides for the relocation and construction of Fire Station Number 4 from its current location at 861 Otay Lakes Road to the current Fire Training Tower site at the comer of East "H" Street and Paseo Ranchero in the Rancho del Rey development. With the construction of the Fire Station tentatively scheduled for the Winter and Spring of 1998 based on existing agreements with The McMillin Companies to advance funding for the project in February 1998, a Request for Proposal was issued for architectural services to commence in the Spring of 1997. Staff recommends approval of the resolution. (Fire Chief) 4/Sth's vote required. 9. RESOLtrfION 18608 APPROVING EXISTING PURCHASE AGREEMENTS WITH DOWNTOWN COPY AND PRINT, THE CITY OF SAN DIEGO, AND LIGHTNING PRINTING TO PROVIDE PRINT SERVICES ON AN "AS- NEEDED" BASIS THROUGH JUNE 30, 1997, WITH AN OPTION TO RENEW THE AGREEMENTS FOR FOUR ADDITIONAL, ONE YEAR PERIODS - Standard specifications for print services have been developed and bid out 00 the open market. Print services have been obtained from these three suppliers under Purchasing Agent authority since September 1996. The volume of purchases has been monitored and has reached the Council award limit. The suppliers have perfonned satisfactorily and pricing is favorable for the City. Staff recommends approval of the resolution. (Director of Finance) __.__. _._.. _ _..__ .. _ _.,,_____.,,~____~ _ ___. _~_...~ H Agenda -3- March 25, 1997 10. RESOLUTION 18609 APPROVING THE CHULA VISTA DOWNTOWN BUSINESS ASSOCIATION'S (DBA) 1997 BUDGET; APPROPRIATING $21,000 FROM THE UNAPPROPRIATED PARKING METER FUND BALANCE FOR THE 1996/97 THIRD A VENUE LEMON FESTIVAL AND FESTIVAL BANNERS AND APPROVING ASSOCIATED CITY SERVICES; AND, DIRECTING THAT THE DBA'S REQUEST FOR $20,000 FROM THE PARKING METER FUND AND CITY SERVICES FOR 1997/98 PROMOTIONAL ACTIVITIES BE SUBMITTED FOR CONSIDERATION IN THE FISCAL YEAR 1997/98 CITY BUDGET - In accordance with the Municipal Code, the Chula Vista Downtown Business Association is required to submit an annual budget in March for Council's approval. The DBA's budget is funded by a special assessment applied to each business located within the District boundary and any income the District earns from promotional activities and other contributing sources. Staff recommends approval of the resolutioos. (Director of Community Development) 4/5th's vote required. 11. RESOLUTION 18610 AMENDING CHAPTER vn, SECTION B, OF THE MASTER FEE SCHEDULE TO ESTABLISH A NEW FEE FOR THE ARCO OLYMPIC TRAlNlNG CENTER'S USE OF CITY SWIMMING POOLS - The ARCO Olympic Training Center has contacted staff to discuss the possibility of various Olympic teams utilizing City swimming pool facilities for low-aItitode training purposes. An addition to the Master Fee Schedule is being proposed in an effort to accommodate occasional rental use of the pools by the Olympic Training Center. A new fee would generate additional revenue for the City. Staff recommends approval of the resolution. (Director of Parks, Recreation, and Open Space.) 12. RESOLUTION 18611 ACCEPTING BIDS AND AWARDING CONTRACT FOR THE PURCHASE OF FOUR ANIMAL CONTROL TRUCKS (THREE INTERMEDIATE SIZE, ONE FULL SIZE) - On 2/27/97, the bids for the purchase of four animal control trucks were opened. Sixteen prospective bidders were contacted. Five bidders responded. The lowest bidder was Mike Farguson Chevrolet with a net total price of $97,727.67. Staff recommends approval of the resolution awarding the contract to Mike Farguson Chevrolet. (Director of Public Works and Director of Finance) 13. RESOLUTION 18612 ADOPTING AN AMENDMENT TO THE CHULA VISTA PORTION OF THE 1996-2003 REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM (RTIP) AND AUTHORIZING ITS SUBMITTAL TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS, SANDAG - On 3/5/96, Council approved adopting the 1996-2003 seven year RTlP. This is the City's first amendment to the 1996-2003 RTIP and primarily concerns changes to the cost estimates and schedules of projects in the bieunial element of the RTlP (fiscal year 1997 and 1998). Staff recommends approval of the resolution. (Director of Public Works) ADJOURNMENT TO REGULAR AND lOR JOINT MEETING OF THE REDEVELOPMENT AGENCY · · · END OF CONSENT CALENDAR · · · ORAL COMMUNICATIONS This is an opportunity for the general public to address the City Council on any subject matter within the Council's jurisdiction that is not an item on this agenda for public discussion. (State law, however, generally prohibits the City Council from taking action on any issues not included on the posted agenda.) If you wish to address the Council on such a subject, please complete the "Request to Speak Under Oral Communications Form" available in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record purposes and follow up action. ._--_._~.__....,--_._----_.__....- Ageoda -4- March 25, 1997 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The following items have been advertised and/or posted as public hearings as required by law. If you wish to speak to any item, please fill out the "Request to Speak Form" available in the lobby and submit it to the City Clerk prior to the meeting. 14. PUBLIC HEARING PCS 96-04: CONSIDERATION OF THE REMAINDER PORTION OF PHASE 2A AND 5 (NEIGHBORHOODS 28, 29, 30, 31 AND 39) OF VILLAGE FIVE OF THE OTAY RANCH SPA ONE, TRACT 96-04, CONSISTING OF 262 SINGLE-FAMILY LOTS AND 265 MULTI- FAMILY UNITS ON 148.6 ACRES OF LAND LOCATED SOUTH OF TELEGRAPH CANYON ROAD BETWEEN FUTURE LA MEDIA ROAD AND FUTURE SR-125 ALIGNMENT - After approximately 288 acres were acquired by West Coast Land Fund with Olay Ranch SPA One, Village Development submitted a revised Tentative Subdivision Map deleting that 288 acres. The revised map, excluding the southerly portion of Phase 2A and 5 in Village Five, was approved by Council on 11/19/96. Staff recommends approval of the resolution. (Special Planning Projects Manager, Otay Ranch) Continued from the meeting of 3/4/97. RESOLUTION 18613 RECERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT FEIR 95-01 (SCH #95021012) AND FIRST AND SECOND ADDENDA, READOPTING THE ST A TEMENT OF OVERRIDING CONSIDERATIONS AND THE MITIGATION MONITORING AND REPORTING PROGRAM FOR THE FEIR AND APPROVING A REVISED TENTATIVE SUBDIVISION MAP FOR THE REMAINDER PORTION OF OT A Y RANCH SPA I, TRACT 96-04, AND MAKING THE NECESSARY FINDINGS BOARD AND COMMISSION RECOMMENDATIONS This is the time the City Council wilt consider items which have been forwarded to them for consideration by one of the City's Boards, Commissions, and/or Committees. None submitted. ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by the Council, staff, or members of the general public. The items will be considered individually by the Council and staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please fill out a "Request to Speak" form available in the lobby and submit it to the City Clerk prior to the meeting. 15. RESOLUTION 18614 APPROVING THE PURCHASE OF 800 MHZ RADIO COMMUNICATIONS EQUIPMENT FROM MOTOROLA, INC. FOR THE DISPATCH CENTER, POLICE DEPARTMENT AND THE FIRE DEPARTMENT SUBJECT TO OBTAINING FINANCING THEREFOR- Capital Improvement Project Number PS 146 (800 MHz Radio Project), approved by Council in June 1996, involves the purchase of the 800 MHz radio equipment for the Fire Department and Fire Dispatch in the current fiscal year, and the proposed purchase of the balance of the Dispatch Center equipment and Police equipment in the first quarter of fiscal year 1998 (July 1997). Staff recommends approval of the resolution. (Fire Chief, Chief of Police and Director of Finance) ....--... ......._-~_._._--- Agenda -5- March 25, 1997 16. RESOLUTION 18615 AWARDING THE COMPUTER AIDED DISPATCH AND MOBILE DATA COMPUTER (CAD/MCT) CONTRACT TO UNlSYS CORPORATION SUBJECT TO OBTAINING FINANCING THEREFOR - The Public Safety Communications Project, PS-1l5, will provide an integrated computer-aided dispatch (CAD) and mobile data terminal (MCT) system. The CAD system is intended to replace an automated "card" system which was designed and built over ten years ago by the loformation Services Department of the City. This proposed system will allow the potential for a regional information system in the South Bay area. The MCT system is intended to speed-up report writing and the process of making inquiries to law enforcement data bases. Staff prepared and released a RFP and received responses from 6 different vendors. After evaluating all responses, staff began contract and price negotiations with Unisys Corporation and is now ready to enter into an agreement. Staff recommends approval of the resolution. (Chief of Police) 17. RESOLUTION 18616 APPROVING AMENDED AND RESTATED AGREEMENT WITH SOUTHWESTERN COMMUNITY COLLEGE DISTRICT FOR CONSULTING SERVICES TO BORDER ENVIRONMENTAL COMMERCE ALLIANCE (BECA) INCUBATOR TENANTS - This agreement changes the Southwestern contract by: (I) reducing the scope of the contract to focus on incubator tenant assistance exclusively; (2) dissolving the Border Environmental Technology Research Center (BETRC) program component and eliminating the BETRC Manager, Cross Border Marketing Specialist, Project Clerk, and Environmental Management Specialist positions; and (3) amending the Southwestern budget to $165,000 for the remainder of the contract, 4/30/97 through 4/30/98. Staff recommends approval of the resolution. (Director of Community Development) ITEMS PULLED FROM THE CONSENT CALENDAR This is the time the City Council will discuss items which have been removed from the Consent Calendar. Agenda items pulled at the request of the public will be considered prior to those pulled by Councilmembers. OTHER BUSINESS 18. CITY MANAGER'S REPORTIS\ a. Scheduling of meetings. 19. MAYOR'S REPORTIS\ a. Ratification of appointment to the Board of Ethics - Ricardo Gibert (to fill vacancy created by Member Kelly whose term expires 6/30/98). b. RESOLUTION 18617 APPROVING SUBMITTAL OF A PETROLEUM VIOLATION ESCROW ACCOUNT (PVEA) FUNDING REQUEST IN THE AMOUNT OF $995,000 TO THE CALIFORNIA STATE LEGISLATURE - This is a funding request for $995,000 from the Petroleum Violation Escrow Account, a state-administered fund, to support the implementation of a new Border Environmental Commerce Alliance (BECA) proposal. The proposal is a three-component demonstrationleducation project to further the efforts of the BECA goal of fostering innovative environmental technologies along the U.S.- Mexico border. The Legislative Committee recommends approval of the resolution. -- -- ,-.--.. ...__._--------~------_._._._. Agenda -6- March 25, 1997 20. COUNCIL COMMENTS ADJOURNMENT The meeting will adjourn to (a closed session and thence to) a special worksession/meeting on Thursday, March 27, 1997 at 6:30 p.m. in the Council Cooference Room, Administration Building, thence to the regular City Council meeting on April 8, 1997 at 6:00 p.m. in the City Council Chambers. A special joint meeting of the City CouncillRedevelopment Agency will be held immediately following the City Council meeting. -.--.... ....-...---.----..----. .-.-..- .., declare wnder penalty of parJury that I am employed bv the City of Chula Vista in the Office of the City Clerk and that I posted thia Agenda/Notke on the Bulletjn Board at Tuesday, March 25, 1997 the Public rv' es Su:lding and at CitJ(. Hall on Council Chambers 6:00 p.m. DATED, .5 ;;:U 9l SIGNED6~_' Public Services Building (immediately following the City Council Meeting) Citv of Chula Vista Citv Council CLOSED SESSION AGENDA Effective April I, 1994, there have been new amendments to the Brown Act. Unless the City Attorney, the City Manager or the City Council states otherwise at this time, the Council will discuss and deliberate on the following items of business which are permitted by law to be the subject of a closed session discussion, and which the Council is advised should be discussed in closed session to best protect the interests of the City. The Council is required by law to return to open session, issue any reports of final action taken in closed session, and the votes taken. However, due to the typical length of time taken up by closed sessions, the videotaping will be terminated at this point in order to save costs so that the Council's return from closed session, reports of final action taken, and adjournment will not be videotaped. Nevertheless, the report of final action taken will be recorded in the minutes which will be available in the City Clerk's Office. 1. CONFERENCE WITH LEGAL COUNSEL REGARDING - Existing litigation pursuant to Government Code Section 54956.9 . Divinagracia v. City of Chula Vista. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Pursuant to Government Code Section 54957 - City Clerk. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6 . Agency negotiator: John Goss or designee for CVEA, WCE, POA, IAFF, Executive Management, Mid-Management, and Unrepresented. Employee organization: Chula Vista Employees Association (CVEA) and Westem Council of Engineers (WCE), Police Officers Association (POA) and lntemational Association of Fire Fighters (IAFF). Unrepresented employee: Executive Management, Mid-Management, and Unrepresented. 2. REPORT OF ACTIONS TAKEN IN CLOSED SESSION ----~- -- -~-_._-_._~----~--------_..._- :fÞl¡b The Wilson Group Summary of Legislation For The City of Chula Vista Tuesday, March 25, 1997 _____.d__..__ .-..-........----.-..- Legi- Tech Summary Report 4:37 AM 3/20/97 BILL-FILE - ASSEMBLY BILLS ABl LOCAL GOVERNMENT FINANCE: PROPERTY TAX Aguiar REVENUE ALLOCATION: Summary: This bill would would prohibit the total amount allocated to a countYs Educational Revenue Augmentation Fund from exceeding the total amount allocated to that fund for the 1996-97 fiscal year. This bill contains other related provisions. State Mandated Fiscal Calendar: 4/02/97 Assembly Committee On Local Government # 1 Room 4202 Status: Assembly Committee On Local Government CLlliNT POSITION CHULA VISTA SUPPORT ABII WATER POLLUTION Escutia Summary: This bill would exempt from a specified provision of existing law a discharge or release that is expressly authorized by quality, duration, characteristics, and constituents pursuant to the tenns of waste discharge or National Pollution Discharge Elimination System permit. This bill contains other related provisions. Fiscal Status: Assembly Committee On Water Parks & Wildlife CLlliNT POSITION CHULA VISTA WATCH AB 15 EMPLOYMENT: 2/25/97 Knox Summary: This bill would provide that except for an employee working pursuant to an alternative workweek schedule. hours worked in excess of 8 hours in one day are to be compensated at the rate of I and 1/2 times the regular rate of pay of an employee. This bill ._-~-~---~_._.~.._".._,,-----_.- ._--"--~----" . contains other related provisions. Urgency State Mandated Fiscal Starus: In Assembly-Second Reading File-Assembly Bills CLIENT POSITION CHULA VISTA WATCH AB 16 SIDEWALK: DEFINITION Kuykendall Summary: This bill would revise the defmition of sidewalk. This bill contains other related provisions. State Mandated Fiscal Calendar: 4/16/97 Assembly Committee On Local Government # 1 Room 4202 Starus: Assembly Committee On Local Government CLIENT POSITION CHULA VISTA WATCH AB20 PUBLIC SOCw. SERVICES Migden Summary: This bill would state the intent of the Legislature to provide a system of public social services for needy individuals. Fiscal Status: Assembly Desk CLIENT POSITION CHULA VISTA WATCH AB21 ENDANGERED. THREATENED. OR CANDIDATE Olberg SPECIES: PERMITS AND Summary: This bill would provide that if any person obtains from the Secretary of - __n.._... '...--.. ---.---.... .--. Commerce an incidental take statement or incidental take pennit as specified. no further authorization is necessary for the taking of an endangered species. This bill contains other related provisions. Fiscal Status: Assembly Committee On Water Parks & Wildlife CLIENT POSITION CHULA VISTA WATCH AB 43 VEHICLES: DEPARTMENT OF MOTOR VEHICLES: Murray TRANSACTIONS: INTERNET Summary: This bill would require the Department of Motor Vehicles to make availabe to the public a program for conducting transactions with the department through the department's Internet web site. Fiscal Status: Assembly Committee On Televising The Assembly CLIENT POSITION CHULA VISTA WATCH AB45 DOMESTIC VIOLENCE: PUNISHMENT 3117/97 Murray Summary: This bill would require the court to issue, in writing, any applicable restraining orders in specified cases related to domestic violence. This bill contains other related provisions. State Mandated Fiscal Status: Assembly Floor CLIENT POSITION CHULA VISTA WATCH AB49 WORKERS' COMPENSATION: DEATH BENEFITS: Murray STATUTE OF LIMITATION -------------- -- Summary: This bill would provide that workers' compensation benefits shall be fumised in the case of death of a medical health worker or public safety employee due to HIV related disease. This bil1 contains other related provisions. Fiscal Status: Assembly Committee On Insurance CLIENT POSITION CHULA VISTA WATCH AB 63 SECRETARY OF STATE: POLITICAL REFORM ACT OF Cunneen 1974: ELECTRONIC Summary: This bill would require the Secretary of State to develop a process whereby specified reports and statements that are required under the Political Refonn Act of 1974 to be filed with the Secretary of State be filed electronically. This bill contains other related provisions. State Mandated Fiscal Status: Assembly Committee On Elections. Reapportionment CLIENT POSITION CHULA VISTA WATCH AB68 SALES AND USE TAXES: EXEMPTIONS Brown Summary: This bill would enact the Pet Adoption Sales and Use Tax Relief Act of 1997, as specified. This bill contains other related provisions. State Mandated Fiscal Calendar: 3/31/97 Assembly Committee On Revenue And Taxation #9 Room 126 Status: Assembly Committee On Revenue And Taxation CLIENT POSITION CHULA VISTA WATCH -----"- -.-~--'" AB77 PERSONAL INCOME AND BANK AND CORPORA nON Morrow TAXES: CREDITS: Summary: This bill would authorize a tax credit against specified taxes related to the replacement of residential wood shake roofs. This bill contains other related provisions. Fiscal Calendar: 3/31/97 Assembly Committee On Revenue And Taxation #3 Room 126 Status: Assembly Committee On Revenue And Taxation CLIENT POSITION CHULA VISTA WATCH AB80 LOCAL GOVERNMENT: VACANT PROPERTIES Ducheny Summar)': This bill would extend a specified prohibition of the Personallncome Tax Law and Bank and Corporation Tax law, related to vacant properties, to any taxpayer who owns substandard vacant property that is located in this state. This bill contains other related provisions. Fiscal Calendar: 3/31/97 Assembly Committee On Revenue And Taxation #4 Room 126 Status: Assembly Committee On Revenue And Taxation CLIENT POSITION CHULA VISTA WATCH AB 81 ALCOHOLIC BEVERAGES: EVENT PERMIT 3/11/97 Wright Summar)': This bill would set forth fees and provisions relating to event pennits and the selling of alcoholic beverages. This bill contains other related provisions. Urgency State Mandated Fiscal Calendar: 4/07/97 Assembly Committee On Governmental Organization # 1 Room 4202 -,_.,~---- Status: Assembly Committee On Governmental Organization CLIENT POSITION CHULA VISTA WATCH AB 86 TRIAL COURTS: FUNDING 3/10/97 Pringle Surrlmary: This bill would set forth the fmdings declarations, and intent of the Legislature with regard to trial court funding and revise the system of state funding for trial courts as specified. This bill contains other related provisions. Urgeocy State Mandated Fiscal Status: Assembly Committee On Judiciary CLIENT POSITION CHULA VISTA WATCH AB87 TRANSPORTATION: CALIFORNIA INFRASTRUCTURE Escutia BANK PILOT PROGRAM Summary: This bill would create the California Transportation Infastructure Bank in state government. This bill contains other related provisions. Fiscal Calendar: 4/07/97 Assembly Committee On Transportation #2 Room 4202 Status: Assembly Committee On Transportation CLIENT POSITION CHULA VISTA WATCH AB9I TAXATION: DISASTER RELIEF: STORM AND FLOODS Bowler Summary: This bill would provide for state allocations from the Special Fund for Economic Uncertainties with repsect to property tax revenue reductions. resulting from a reassessment ordinance. incurred by a county declared in a state of disaster as a result of stonn or flooding occurring in California in 1996 or 1997. Urgency State Mandated Fiscal ..-.... _______._..u,_~. - Status: Assembly Committee On Revenue And Taxation CLIENT POSITION CHULA VISTA WATCH AB92 LOW-IMCOME HOUSING CREDITS: CALIFORNIA TAX Figueroa CREDIT ALLOCATION Summary: This bill would clarifY that the California Tax Credit Allocation Committee is comJX>sed of the Governor, the Controller. and the Treasurer and that if the Governor is absent. the Director of Finance represents the Governor. This bill contains other related provisions, as specified. Fiscal Status: Assembly Committee On Revenue And Taxation CLIENT POSITION CHULA VISTA WATCH AB 93 HIGHWAYS: TUNNELS 3117/97 Lempert Summary: This bill would require the Department of Transportation to immediately initiate design and al] other project development work for the construction of a tunnel in San Mateo County on State Highway Route I behind Devi!'s slide through San Pedro Mountain. It would also require the department to complete an estimate of costs for the tunnel and reJX>rt its fmdings to the County of San Mateo. This bíll also gives directions in funiling. Urgency Fiscal Calendar: 3/20/97 In Assembly-Third Reading File-Assembly Bills # 14 Assembly Chamber Status: In Assembly-Second Reading File-Assembly Bills CLIENT POSITION CHULA VISTA WATCH AB 95 LOCAL GOVERNMENT FINANCE: PROPERTY TAX ---~._._._,,--,-,... Sweeney REVENUE ALLOCATION Summary: This bill would state the intent of the Legislature, and would require the Director of Finance to make certain adjustments, with respect to ensuring that the modifications required by this bill to property tax allocations do not have a net fiscal impact on school districts or community college districts, or upon the state's obligation under the California Constitution to provide funding to those districts. This bill contains other related provisions, as specified. Urgency State Mandated Fiscal 2/3 Vote Required Calendar: 4102/97 Assembly Committee On Local Government #2 Room 4202 Status: Assembly Committee On Local Government CLIENT POSITION CHULA VISTA WATCH AB 107 1997-98 BUDGET Ducheny Summary: This bill would make appropriations for support of state government for the 1997-98 fiscal year. Urgency Fiscal Status: Assembly Committe On Budget CLIENT POSITION CHULA VISTA WATCH AB 108 SHAKE ROOF REPLACEMENT BOND ACT OF 1998 3/10/97 Morrow Summary: This bill would enact the Shake Roof Replacement Bond Act ofl998. This bill contains other related provisions. Fiscal Status: Assembly Committee On Appropriations __n_"_".__._.__.__ ---~ CLIENT POSITION CHULA VISTA WATCH AB 128 BOOKING FEES MOITQW Summary: This bill would allow counties where booking fees are imposed. the authorization to collect a deposit from the arrested person for the amount of the fee. Status: Assembly Committee On Local Government CLIENT POSITION CHULA VISTA WATCH AB 136 FIREARMS: STATE PREEMPTION Villaraigosa Summary: This bill would repeal provisions of the Penal Code relating to the licensing of commercially manufactured fIreanns. This bill contains other related provisions. Status: Assembly Desk CLIENT POSITION CHULA VISTA WATCH AB 139 INMATE RELEASE: NOTIFICATION 3/13/97 Poochigian Summary: This bill would increase the residential distance of a paroled violent felon from 25 miles to JOO miles of the actual residence ofa witness, victim, or family member ofa victim who has requested parole notification. Fiscal Status: Assembly Committee On Appropriations CLIENT POSITION CHULA VISTA WATCH ----.-,.....- _...~- AB 144 GAMBLING Thompson Summary: This bill would make declarations ofJegislative intent concerning gambling in this state. This bill contains other related provisions. Status: Assembly Desk CLIENT POSITION CHULA VISTA WATCH AB 153 YOUTH-SERVING ORGANIZATIONS: USE OF PUBLIC Baldwin BEACHES AND Summary: This bill would prohibit any city, county or state public entity from adopting or enforcing any ordinance. regulation, or other law ~effectively denying the use of or access to. any public beach or recreation area. ~ as defmed to youth orgw1Îzations as specified. This bill contains other related provisions. Fiscal Status: Assembly Committee On Utilities And Commerce CLIENT POSITION CHULA VISTA WATCH AB 168 TAXATION: CREDIT: LOW INCOME HOUSING 3/06/97 T or[akson Summary: This bill would increase the maximum aggregate housing dollar amount which is allocated or granted by the California Tax Credit Allocation Committee. Fiscal Calendar: 3/3[/97 Assembly Committee On Revenue And Taxation #6 Room [26 Status: Assembly Committee On Housing And Community Dev CLIENT POSITION CHULA VISTA WATCH ~.._-_.._.- -~ AB 172 HORSERACING: LICENSE FEES Wright Summary: This bill would require specified license fees relating to horseracing to be distributed at a certain amount to the official registering agency. Fiscal Status: Assembly Committee On Governmental Organization CLIENT POSITION CHULA VISTA WATCH AB 175 ENVIRONMENTAL QUALITY T orlakson Summary: This bill would authorize the lead agency as defmed. to consider prescribed matters in determining the feasibility of project alternatives related to environmental quality. This bill contains other related provisions. Fiscal Status: Assembly Committee On Natural Resources CLIENT POSITION CHULA VISTA WATCH AB 176 TRANSPORTATION: SANTA CLARA VALLEY Honda TRANSPORTATION AUTHORITY Summary: This bill would change the name of the Santa Clara County Transit District to the Santa Clara Valley Transportation Authority. Calendar: 3/31/97 Assembly Committee On Transportation # I Room 4202 Status: Assembly Committee On Transportation CLIENT POSITION CHULA VISTA '" -... ~.,--_.._- -,~~ AB 179 PUBLIC RECORDS Bowen Summary: This bill would specifY that direct costs of duplicating public records. as specified shall include the costs associated with duplicating electronic records. This bill contaíns other related provisions. State Mandated Fiscal Status: Assembly Committee On Governmental Organization CLIENT POSITION CHULA VISTA WATCH AB 211 BOOKING FEES Baca Summary: This bill would provide that certain booking fees related to criminal justice services shall not. in any case. exceed an unspecified amount. This bill contains other related provisions. Status: Assembly Desk CLIENT POSITION CHULA VISTA WATCH AB 229 MARKS-ROOS LOCAL BOND POOLING ACT OF 1985: Battin LOCAL AGENCY: Summary: This bill would expand the defmition of "local agency" for specified purposes of the Marks-Roos Local Bond Pooling Act of 1985 to include a federally recognized Indian tribe. Calendar: 4/16/97 Assembly Committee On Local Government #3 Room 4202 Status: Assembly Committee On Local Government CLIENT POSITION ___,"_ .___'_.n_ __ _ ________.,.___._ --~--~ CHULA VISTA WATCH AB 232 CITIZENSHIP ASSISTANCE Honda Summary: This bill would express the intent of the Legislature to allocate funds to local programs for the provision of citizenship assistance for those persons who would lose eligibility for SSI/SSP and Food Stamp Program benefits under federal law. Status: Assembly Desk CLIENT POSITION CHULA VISTA WATCH AB 235 CALIFORNIA HOUSING FINANCE AGENCY: BONDS Takasugi Summary: This bill would make an appropriation by increasing the authorization of bonds to be issued by the California Housing Finance Agency by $900,000,000. This bill contains other related provisions. Fiscal Status: Assembly Committee On Appropriations CLIENT POSITION CHULA VISTA WATCH AB 236 WORKERS' COMPENSATION: MEDICAL TREATMENT: Figueroa INTERPRETER SERVICES Summary: This bill would entitle an employee to receive the services of a qualified interpreter when the employee submits to an examination by a designated treating physician. This bill contains other related provisions. Status: Assembly Committee On Insurance CLIENT POSITION CHULA VISTA WATCH --...,....-- _____..___._... "'_"'_ _______.__'_._..n_._...__ . AB 237 WORKERS' COMPENSATION: VOCATIONAL 3/17/97 Figueroa REHIBILITATION SERVICES: COUNSELING Summary: This bill would eliminate a specified requirement oflaw that the Administrative Director of Workers' Compensation establish the maximum aggregate pennissible fees that may be charged for counseling, as specified. This bill contains other related provisions. Fiscal Status: Assembly Committee On Insurance CLIENT POSITION CHULA VISTA WATCH AB 240 PROPERTY TAXATION Takasugi Summary: This bill would authorize the transfer of the base year value of a person's home in another county under specified circumstances. Calendar: 3/31/97 Assembly Committee On Revenue And Taxation # II Room 126 Status: Assembly Committee On Revenue And Taxation CLIENT POSITION CHULA VISTA WATCH AB241 WETLANDS Lempert Summary: This bill would declare the goal of the state to increase the total wetlands acreage and habitat values along the California coast. Status: Assembly Desk CLIENT POSITION CHULA VISTA WATCH .. -----~._"----"----_.._--_. AB 247 FIREARMS: PREEMPTION Scott Summary: This bill would authorize any city or county to enact an ordinance by resolution to prohibit the saJe, or otherwise regulate the sale, of firearms. Urgency Status: Assembly Desk CLIENT POSITION CHULA VISTA WATCH AB 252 SCHOOL FACILITIES Leonard Summary: This bill would provide that with respect to single-family developments, any fee, charge dedication. or other requirement shall be deferred until close of an escrow for the fIrst affected single-family dwelling unit in the development. This bill contains other related provisions. Fiscal Status: Assembly Committee On Appropriations CLIENT POSITION CHULA VISTA WATCH AB 270 REDEVELOPMENT: PROJECT AREA COMMITTEES Torlakson Summary: This bill would pennit the legislative body or redevelopment agency to appoint members to the project area committee, as specified. This bill contains other related provisions. Status: In Assembly-Second Reading File-Assembly Bills CLIENT POSITION CHULA VISTA WATCH H' ___.'"'._.._ _., __."___~ AB 304 FIREARMS Scott Summary: This bill would provide that every person carrying a frrearm, loaded or not, with the intent to commit a felony is guilty of an armed criminal action. This bill contains other related provisions. State Mandated Fiscal Status: Assembly Desk CLIENT POSITION CHULA VISTA WATCH AB 311 LOCAL AGENCIES: ANNUAL FINANCIAL REPORT: Granlund DUE DATE Summary: This bill would extend the time within which the Controller's report of a local agency shall be furnished to 150 days after the close of each fiscal year. Status: Assembly Committee On Local Government CLIENT POSITION CHULA VISTA WATCH AB 323 COMMUNITY CARE FACILITIES: GROUP HOMES Baca Summary: This bill would require the Director of Social Services to notify appropriate police departments when seeking to license community care facilities and deny licensure if recommended by the police department. This bill contains other related provisions. Fiscal Status: Assembly Committee On Human Services CLIENT POSITION CHULA VISTA WATCH ----.....---- . .--.,---..-..- AB 334 SALES AND USE TAXES: REVENUE ALLOCATION: Wildman LOCAL PUBLIC SAFETY Summary: This bill would modify the formula for computing each city's allocation factor by revising the denominator used. This biIJ contains other related provisions. U rgene)' State Mandated Fiscal Calendar: 4/02/97 Assembly Committee On Local Government #3 Room 4202 Status: Assembly Committee On Local Government CLIENT POSITION CHULA VISTA WATCH AB 339 SALES AND USE TAXES: REVENUE ALLOCATION: T akasugi LOCAL PUBLIC SAFETY Summary: This bill would modifY the fonnula for computing each citYs tax revenue allocation factor by removing the specified percentage cap. This bill contains other related provisions. Urgency State Mandated Fiscal Calendar: 4/02/97 Assembly Committee On Local Government #4 Room 4202 Status: Assembly Committee On Local Government CLIENT POSITION CHULA VISTA WATCH AB 344 PEACE OFFICERS Monissey Summary: This bill would provide that a specified procedure involving investigating citizen complaints against peace officers shall require a fmal decision to be made on a meritorious complaint within 6 months after the investigation of the complaint is concluded. This bill contains other related provisions. Status: Assembly Committee On Public Safety ----------. CLIENT POSITION CHULA VISTA WATCH CHULA VISTA AB 345 LIBRARIES Granlund Summary: This bill would require the method of allocation for a library's foundation program to be changed to a simple per capita allocation based on the population served by each public library if any fiscal year the amount appropriated to the Public Library Fund reaches a certain amount. Fiscal Calendar: 4/16/97 Assembly Committee On Local Government #4 Room 4202 Status: Assembly Committee On Local Government CLIENT POSITION CHULA VISTA WATCH AB 367 EDUCATION: COMMUNITY POLICING SCHOOL Havice SAFETY GRANT PROGRAM Summary: This bill would establish the Community policing School Safety Grant Program, to be administered by the State Department of Education. This bill contains other related provisions. Fiscal Status: Assembly Committee On Education CLIENT POSITION CHULA VISTA AB 373 SCHOOL EMPLOYEES RETIREMENT Morrissey Summary: This bill would exempt certain types of post-retirement school emplo)ment from a provision of the State Teachers' Retirement Law after the person has been retired for one year. Fiscal .._~_._.- ---- Status: Assembly Committee 00 Public Employees CLIENT POSITION CHULA VISTA AB 376 PUBLIC CONTRACTS Baca Summary: This bill would require specified contracts that exceed a certain sum awarded by the State of California or any state agency be awarded through a publicized competitive bidding process to the lowest qualified bidder. This bill contains other related provisions. Fiscal Calendar: 4/08/97 Assembly Committee On Consumer Protection #7 Room 447 Status: Assembly Committee On Consumer Protection CLIENT POSITION CHULA VISTA WATCH AB413 PUBLIC WORKS: Aguiar Summary: This bill would make technical, nonsubstantive changes to existing law regarding the rate of pay for workers employed on public works. Status: Assembly Desk CLIENT POSITION CHULA VISTA WATCH AB451 HOMESTEAD EXEMPTION Havice Summary: This bill would increase certain homestead exemptions relative to the satisfaction of a judgment debt. This bill contains other related provisions. -,---- ---_.._--.-._.~. .'-_._-~---"._,. Status: Assembly Comminee On Judiciary CLIENT POSITION CHULA VISTA AB531 COMMUNITY POLICING GRANTS Knox Summary: This bill establishes in the Office of Criminal Justice Planning, the Community Policing Grant Program, provides specified grants to local law enforcement agencies to be used for specified administrative and field costs. This bill contains other related provisions. Fiscal Status: Assembly Committee On Public Safety CLIENT POSITION CHULA VISTA WATCH AB 533 CRlME PREVENTION: SCANNING DEVICES Knox Summary: This bilJ would authorize law enforcement agencies to acquire weapons scanning devices as defmed, for use in situations where there is reasonable suspicion that the person scanned has been, or is about to be involved in a crime. This bin contains other related provisions. Stale Mandated Fiscal Status: Assembly Committee On Public Safety CLIENT POSITION CHULA VISTA WATCH AB 548 WATER QUALITY: AroneI' Summary: This bill would require certain regional water quality control boards to conduct unannounced inspections of waste discharges that require an NPDES permit and which would affect the quality of certain specified waterways. This bill contains other related provisions. Fiscal .~-~------ "" ---~_._~.._-.-~_._---".,.~ -.--. Status: Assembly Committee On Environmental Safety CLIENT POSITION CHULA VISTA AB 554 UNIFORM COST ACCOUNTING: BIDS Papan Summary: This bill would require the local agencies specified by The UnifoOD Public Construction Cost Accounting Act to award the contracts pursuant to certain unifonn cost accounting procedures to one of the 3 lowest responsible bidders. This bill contains other related provisions. Status: Assembly Committee On Local Government CLIENT POSITION CHULA VISTA WATCH AB 558 PUBLIC WORKS Miller Summary: This bill would provide that any local government that enters into an energy service contract with the Public Works Board shaU include specific contract provisions to meet its energy service contract obligation. This bill contains other related provisions. Fiscal Calendar: 4/16/97 Assembly Committee On Local Government #5 Room 4202 Status: Assembly Committee On Local Government CLIENT POSITION CHULA VISTA WATCH AB661 LOCAL GOVERNMENT FINANCE: PROPERTY TAX Brewer REVENUE ALLOCATION Summary: This bill would require a county auditor to allocate to the county no less than 23 percent of the ad valorem property tax revenues collected in the county for the 1997- .-.-- -----_._~_.- 1998 fiscal year. This bill contains other related provisions. Urgency State Mandated Fiscal Calendar: 4/02/97 Assembly Committee On Local Government #6 Room 4202 Status: Assembly Committee On Local Government CLIENT POSITION CHULA VISTA WATCH AB 775 PUBLIC AGENCIES: STATE FUNDS Martinez Summary: This bill would provide that no public agency as defmed. is eligible to receive state funds if the public agency knowingly violates any state law or local ordinance. This bill contains other related provisions. Fiscal Calendar: 4/08/97 Assembly Committee On Consumer Protection # 20 Room 447 Status: Assembly Committee On Judiciary CLIENT POSITION CHULA VISTA WATCH AB 801 SALES AND USE TAXES: EXEMPTION: USED Bowler Summary: This bill would require an exemption tTom the taxes imposed by certain laws tor the gross receipts from the sale of the storage, use or other consumption in this state of, a used vehicle, as specified, but only if the sale is between 2 private parties. This bill contains other related issues. State Mandated Fiscal Status: Assembly Committee On Revenue And Taxation CLIENT POSITION CHULA VISTA WATCH _.__..__n_.___.._ .. . --.-.--------- AB 805 CONSERVATION CENTERS Woods Summary: This bill would authorize the director of the Department ofCorrectìons to establish and construct 12 new conservation centers in fIre and flood-prone areas of the state over the next 3 years. This bill contains other related provisions. Fiscal Status: Assembly Committee On Public Safety CLIENT POSITION CHULA VISTA WATCH AB 809 INDUSTRIAL. MANUFACTURING, CONSTRUCTION, Escutia AND GOODS MOVEMENT Summary: This bill would require the Trade and Commerce Agency to designate a specified total of industrial, manufacturing, construction and goods movement incentive zones in the state limited to those areas including and in proximity to areas designated as intennodal corridors of economic significance, and which meet specified criteria. This bill contains other related provisions. Fiscal Status: Assembly Committee On Revenue And Taxation CLIENT POSITION CHULA VISTA WATCH AB 813 LOCAL GOVERNMENT FINANCE: EXACTIONS: Baldwin Summary: This bill would set forth the intent of the Legislature to provide those defmitions and clarifications, and to set forth those procedures. that will allow local government entities to comply with and uniformly implement the provisions of Proposition 2 I 8. Status: Assembly Desk ......---.. CLIENT POSITION CHULA VISTA WATCH AB 820 LOCAL GOVERNMENT OPERATIONS; VIDEO TAPE Brewer RETENTION Summary: This bill would authorize the head of a department to destroy recordings of routine video monitoring, as defmed. after 100 days. Status: Assembly Committee On Local Government CLIENT POSITION CHULA VISTA AB 870 ELDER ABUSE: LAW ENFORCEMENT TRAINING Hertzberg Summary: This bill would apply to the prohibition of theft: or embezzlement, with respect to an elder or dependent adult, as defined. by expanding the scope of the prohibition to include any person who violates any provision of the law proscribing theft or embezzlement This bill contains other related provisions. State Mandated Fiscal Status: Assembly Committee On Public Safety CLIENT POSITION CHULA VISTA AB 871 REDEVELOPMENT: HAZARDOUS SUBSTANCES Wayne CLEANUP Summary: This bill would extend the immunity of a redevelopment agency and the fact that it is not liable tor the release of hazardous substances on. under, or from a redevelopment area., to the redevelopment agency where the agency approves an owner- participation agreement requiring specified actions by the owner-participant. This bill contains other related provisions. Fiscal Status: Assembly Committee On Environmental Safety .-. ._....._---_.....~._--- CLIENT POSITION CHULA VISTA AB 879 PUBLIC CONTRACTS Baca Summary: This bill would provide specified local agencies, in advertising for contract bids in relation to minority and women business enterprises, to ensure that the advertising includes effective communication and outreach to prospective bidders that qualifY as minority-owned and women-owned business enterprises, as defmed. This bill contains other related provisions. Fiscal Status: Assembly Committee On Utilities And Commerce CLIENT POSITION CHULA VISTA AB 890 LOCAL USE TAX: Caldera Summary: This bill would derme "motor vehicle to include light-duty pickup trucks for the purpose of existing law. This bill contains other related provisions. Status: Assembly Committee On Local Government CLIENT POSITION CHULA VISTA AB 900 ALCOHOLIC BEVERAGES: ALCOHOL ENFORCEMENT Cardenas FUND Summary: This bill would create the Community Alcohol Enforcement Fund and would appropriate a monetary amount from the General Fund to that fund. The moneys in the Community Alcohol Enforcement Fund would be allocated to cities and counties for enforcement programs relating to the illegal sale of alcoholic beverages. State Mandated Fiscal 0- _____ _'__0" _..wo_u._'___."_____ ___ ____,-, _ ._..__________,_.___ Status: Assembly Committee On Governmental Organization CLIENT POSITION CHULA VISTA AB 903 CRIMINAL STREET GANGS Miller Summary: This bill would increase the scope of the California Street Terrorism Enforcement and Prevention Act by providing that a "criminal street gang" has as one of its primary activities the commission of any felony, and that a "pattern of criminal gang activity" occurs upon the commission of any 2 or more felonies. This bill contains other related provisions. State Mandated Fiscal Status: Assembly Committee On Public Saíèty CLIENT POSITION CHULA VISTA AB916 CRIMINAL STREET GANGS Campbell Summary: This biJI would provide that if the underlying felony is committed on the grounds of, or within 1,000 feet of. a public or private elementary, vocational, junior high or high school at any time. the additional term shall be 10 years of jail. by expanding the scope of an existing sentence enhancement the bill would create a state- mandated local program. This bill contains other provisions. State Mandated Fiscal Status: Assembly Committee On Public Salèty CLIENT POSITION CHULA VISTA AB 922 PROPERTY TAX REVENUE ALLOCATIONS: TEA Battin FORMULA: DISTRICT MANAGER Summary: This biJI would limit the prohibition of property tax as determined by the TEA ionnula to the case in which the ad valorem property tax revenues allocated to the special district are not derived from an exchange of property tax revenue with the qualifYing city. ---.__..__._,~ -.-"-.~"-""----'_. made pursuant to specified statutory provisions. This bill contains other related provisions. State Mandated Fiscal Status: Assembly Committee On Local Government CLIENT POSITION CHULA VISTA AB 923 DISSOLUTION OF REDEVELOPMENT AGENCIES McClintock Summary: This bill would repeal the Community Redevelopment Law and require a city or county with a redevelopment within its' jurisdiction to dissolve the redevelopment agency by January 1, 1998. This bill contains other related provisions. State Mandated Fiscal Status: Assembly Committee On Housing And Community Dev CLIENT POSITION CHULA VISTA AB 927 LffiRARIES: REVENUE ALLOCATION ADJUSTMENTS Thompson Summary: This bill would make technical changes to the modifications regarding withdrawal by a city or library jurisdiction from a county fi'ee library system, to specified provisions governing the annual allocation of ad valorem property tax revenues. Status: Assembly Desk CLIENT POSITION CHULA VISTA . AB 934 PROPERTY TAX REVENUE ALLOCATION: LOCAL Baldwin AGENCY RELIEF: REVENUES Summary: This bill would require any ad valorem property tax revenues that are not allocated to the county's Educational Revenue Augmentation Fund as a result of this ----------- .-.------. _._------~ _.._.__.~------_._- reduction to instead be allocated among the county. This bill contains other related provisions. State Mandated Fiscal Status: Assembly Committee On Local Government CLIENT POSITION CHULA VISTA AB 941 REDEVELOPMENT: LOW AND MODERATE INCOME Miller FUNDS: POOLING Summary: This bilI would authorize redevelopment agencies within a single housing market, as defmed, to participate in ajoint powers authority for the purpose of pooling their low- and moderate-income housing funds for affordable housing uses. This bill contains other related provisions. Fiscal Status: Assembly Committee On Housing And Community Dev CLIENT POSITION CHULA VISTA AB 945 LOCAL GOVERNMENT EFFICIENCY AND AND COST Wright REDUCTION BOND ACT Summary: This bill would enact the Local Government Efficiency and Cost Reduction Bond Act which if adopted. issue bonds for the purposes of of local government improvement Fiscal Calendar: 4/16/97 Assembly Committee On Local Government #8 Room 4202 Status: Assembly Committee On Local Government CLIENT POSITION CHULA VISTA -.,.,,-.,.-- n.." ___.."~_._ ---,---..----....-...---" AB 964 SOLID WASTE LANDFILLS: ALTERNATIVE DAILY Bowen COVER Summary: This bill would require any local agency using alternative daily cover to meet its source reduction goals to also have in place a green waste collection. composting, and marketing program that makes the material available to residential, commercial. and government users who wish to purchase material. This bill contains other related provisions. State Mandated Fiscal Status: Assembly Committee On Natural Resources CLIENT POSITION CHULA VISTA AB 972 STATE-MANDATED LOCAL COSTS Torlakson Summary: This hilI would require the Governor to appoint 3 persons to the commission with one of those designated to be an alternate for the other 2 to vote when either member is absent This bill contains other related provisions. Fiscal Calendar: 4/02/97 Assembly Committee On Local Government # 16 Room 4202 Status: Assembly Committee On Local Government CLIENT POSITION CHULA VISTA AB 978 HIGHWAYS: CONVEYANCE OF REAL PROPERTY Morrissey Summary: This bill would authorize the director to accept other real property owned by a city as security foe payment of the purchase price when conveying any real property or interest therein to that city for use as a park or for educational purposes. This bill contains other related provisions. Fiscal Status: Assembly Committee On Transportation .. -,._~---_._- .- ------- ....-.---...-...- -...-- CLIENT POSITION CHULA VISTA AB 982 WATER QUALITY: AND ESTUARIES Aroner Summary: Existing law. until January 1. 1998. requires the State Water Resources Control Board to establish fees applicable to dischargers who discharge into the enclosed bays, estuaries or adjacent waters in the ocean. This bill would delete the repeal date. and continue those provisions indefmitely. Fiscal Status: Assembly Committee On Environmental Safety CLIENT POSITION CHULA VISTA AB 994 LOCAL AGENCY PUBLIC CONSTRUCTION ACT: Takasugi ARCHITECTURAL DESIGN SERVICES: Summary: This bill would require a signed or initialed disclosure statement to be included in any submitted bid proposal, and would prohibit the local agency from accepting any bid proposal that does not include a signed or initialed disclosure statement. This bi!! contains other related provisions, as specified. Status: Assembly Committee On Local Government CLIENT POSITION CHULA VISTA AB 1000 CLEAN COASTAL WATERS AND RIVERS: BOND ACT Keeley Summary: This bill would enact the Clean Coastal Waters and Rivers Bond Act of 1998. This bill contains other related provisions as specified. Fiscal Status: Assembly Committee On Natural Resources .._..____ 0"'_"'-" CLIENT POSITION CHULA VISTA AB 1002 ALCOHOLIC BEVERAGES: MINORS Thompson Summary: This bill would increase the penalty of selling alcohol to minors by raising the fme. Also providing any grant of probation shall include not less than 64 hours of community service. A second violation would be punishable by twice the fme of the flTSt and 32 hours of alcohol education courses. This bill contains other related provisions, as specified. State Mandated Fiscal Status: Assembly Committee On Governmental Organization CLIENT POSITION CHULA VISTA AB 1005 CRIMINAL OFFENDERS: REGISTRATION Pacheco Summary: This law requires persons participating in a street and to register with local law. enforcement agencies upon their discharge parole of release form confmement and to update that registration annually. State Mandated Fiscal Status: Assembly Committee On Public Safety CLIENT POSITION CHULA VISTA AB 1009 SEX OFFENDERS: PUBLIC NOTICE Kaloogian Summary: This bill would require each person who is convicted of a violation of any of these specified sex offenses that was committed on or after January t, 1998, to pay a legal publication fee. This bill would also require the Department of Justice to publish a notice containing a photograph and other infonnation relating to the person in the local newspaper of the jurisdiction funded by the publication fee. detailed out above. This bill contains other related provisions. as specified. .-....-..- "-" --".- ------..- -~.._. -..."- State Mandated Fiscal Status: Assembly Committee On Public Safety CLŒNT POSITION CHULA VISTA AB 1016 PEACE OFFICERS: PERSONNEL FILES Hemberg Summary: This bill would make complaints that are determined to be unfounded or exonerated subject to the California Public Records Act. This bill contains other related issues. State Mandated Fiscal Status: Assembly Desk CLŒNT POSITION CHULA VISTA AB 1019 SALES AND USE TAXES: EXEMPTIONS Machado Summary: This bill would make specific exemptions from the Sale and Use Tax Law. This bill contains other related issues. State Mandated Fiscal Status: Assembly Committee On Revenue And Taxation CLIENT POSITION CHULA VISTA AB 1022 COASTAL RESOURCES: DEVELOPMENT Lempert Summary: This bill would make certain changes to the California Coastal Act. This bill contains other related issues. -...-.-..-.-....-. -------- - -,.._-,_._.._-,_.._._~.._-_._- State Mandated FiscaJ Status: Assembly Committee On Natorai Resources CLIENT POSITION CHULA VISTA AB 1027 PROPERTY TAXATION Caldera Summary: This bill would make changes to the existing property tax iaw. Among other related issues, this bill would derme 'intangible assets and rights.' This bill contains other related issues. State Mandated Fiscal Status: Assembly Committee On Revenue And Taxation CLIENT POSITION CHULA VISTA AB 1055 RECYCLABLE MATERIALS: PLAYGROUND V iUaraigosa Summary: This bill would require the California Integrated Waste Management Board develop a program to inventory and inspect the uses of recyclable materials on public playgrounds. This bill contains other related issues. Fiscal Status: Assembly Committee On Natorai Resources CLIENT POSITION CHULA VISTA AB 1084 COASTAL RESOURCES: COMMISSIONS: MEMBESHIP: Bowen COMMUNICATIONS Summary: This bill would remove the 4 nonvoting members from the California Coastal Commission and make a related change. This bill contains other related provisions. - n_..._______._-.-__..___ 0_ ______ . _ ____~..___ _"~. Fiscal Calendar: 3/31/97 Assembly Committee On Natural Resources #4 Room 437 Status: Assembly Committee On Natural Resources CLIENT POSITION CHULA VISTA AB 1100 HEALTH CARE COVERAGE: MENTAL ILLNESS Thomson Summary: This bill would require a health care service plan contract or disability insurance policy issued. amended, or rénewed on or after. January I 1998. to provide coverage for the diagnosis and medically necessary treatment of mental illness under the same terms and conditions applied to other medical conditions. This bill contains other related provisions. State Mandated Fiscal Status: Assembly Desk CLIENT POSITION CHULA VISTA AB 1107 FIREARMS Ortiz Summary: This bill would provide that any person who sells firearms or related products on public property be guilty of a felony and shall be punished. This bill contains other related issues. State Mandated Fiscal Status: Assembly Desk CLIENT POSITION CHULA VISTA AB III I BID ANNOUNCEMENTS: CRITERIA A1'1D Martinez SPECIFICA nONS --.'---'.--"--"---" ---.---.-.- -....----.---...- . Summary: This bill would require a public entity to accept the lowest responsible bid that most closely follows the criteria or specifications contained within the announcement tor bids or reject all bids and initiate a new announcement. containing new criteria or specifications. and a new bidding process. This bill contains other related issues. Fiscal Status: Assembly Committee On Consumer Protection CLIENT POSITION CHULA VISTA AB 1166 PUBLIC EMPLOYEES: House Summary: This bill would provide that any person employed, or who applies for employment, with a state or local agency be fmgerprinted if the position they hold or apply for will place them in contact with children. State Mandated Fiscal Status: Assembly Desk CLIENT POSITION CHULA VISTA AB 1177 ALCOHOLIC BEVERAGES: Caldera Summary: This bill would allow any city, county, or city and county, to enact any local ordinance that regulates the sale of alcoholic beverages to any person under 21 years of age, as specified. This bill contains other related provisions. Fiscal Status: Assembly Desk CLIENT POSITION CHULA VISTA AB 1188 COASTAL ACCESS EASMENTS .-..-----...-.-- ---.- -"'--..-.---.-.-.". -" Lempert Summary: This bill would make legislative fmdings and declarations pertaining to the importance of protecting access to beaches and other recreational areas in the coastal zone and providing funding for those sources. Status: Assembly Desk CLIENT POSITION CHULA VISTA AB 1191 VEHICLES: REGULATIONS: Shelley Summary: This bill would change the base fme for any violation involving not stopping at a flashing red light signal to not less than $ ¡ 00. This bill contains other related provisions. State Mandated Fiscal Status: Assembly Desk CLIENT POSITION CHULA VISTA AB 1223 PUBLIC PARK AND RECREATIONAL Strom-Martin FACILITIES:EMPLOYEES AND VOLUTEERS Summary: This bill would prohibit the Department of Justice from charging a fee to a local agency requesting records. This bill contains other related provisions. Fiscal Status: Assembly Desk CLIENT POSITION CHULA VISTA AB 1224 LOCAL GOVERNMENT BONDS Thomson .._...._-~-"..~_.- Summary: This bill would pennit the legislative body of a community facilities district to waive delinquency penalties and redemption penalties, to declare a special tax penalties amnesty program, as specified. and to accept the tender of bonds or debt for special taxes and interest that are due or delinquent. This bill contains other related provisions. Status: Assembly Desk CLIENT POSITION CHULA VISTA AB 1241 MARINE RESOURCES Keeley Summary: This bill would enact the Sea Life Recovery and Management Act of 1997, which would create the Marine Life Management Commission to regulate specified marine ecosystems' state policies, among other things. This bi11 contains other related provisions. State Mandated Fiscal Status: Assembly Desk CLŒNT POSITION CHULA VISTA AB 1243 SALES AND USE TAXES: NEXUS Granlund Summary: This bill would provide that the gross receipts from any retail sale to a purchaser in this state by a retailer having an office construction job site. or other place of business in the state at the time of sale is subject to a sales tax, given specified circumstances. Status: Assembly Desk CLŒNT POSITION CHULA VISTA AB 1252 DEVELOPMENT PROJECTS: FEES Perata -~"--~~-'-""---'-'-'-' Summary: This bill would provide that no fee charge. dedication. or other requirement except those specified pursuant to existing law. for the construction or reconstruction of school facilities. shall be levied or imposed by any state agency but not limited to. the planning, use annexation. or development of real property. This bill contains other related provisions. Fiscal Status: Assembly Desk CLIENT POSITION CHULA VISTA AB 1265 REDEVELOPMENT: ECONOMIC BLIGHT T orlakson Summary: This bill would provide that a high unemployment rate relative to the county in which a proposed redevelopment area is located is an additional economic condition that causes blîght. Status: Assembly Desk CLIENT POSITION CHULA VISTA AB 1284 LOCAL RECREATION AREAS: PRIOR CRIMINAL Bowler CONVICTIONS Summary: This bill would make it a misdemeanor for an employee or prospective employee who has contact with a minor to falsitY information about any prior convictions on a application for emplo)'TIlent. This bill contains other related provisions. State Mandated Fiscal Status: Assembly Desk CLIENT POSITION CHULA VISTA -" ~ ._..~....._-~._---_.. AB 1288 COMMUNITY CARE FACILITIES: GROUP HOMES Woods Summary: This bill would require the prior approval of a city or county tor a group home to house any person convicted of a serious or violent felony. This bill contains other related provisions. State Mandated Fiscal Status: Assembly Desk CLIENT POSITION CHULA VISTA AB 1293 GEOGRAPHIC INFORMATION SYSTEMS Bowen Summary: This bill would enact the Strategic Geographic Infonnation Investment Act of 1997, which would require the Department of Infonnational Technology to create an advisory board. This bill contains other related provisions. Fiscal Status: Assembly Desk CLIENT POSITION CHULA VISTA AB 1300 MINORS: DETENTION Baugh Summary: This bill would authorize a peace officer to take a minor into protective custody when the minor is found intoxicated. as specified in a public place and unable to exercise care for his or her safety or the safety of others. This bill contains other related provisions. Status: Assembly Desk CLIENT POSITION CHULA VISTA .......------.--. · AB1317 POSTSECONDARY EDUCATION: RESIDENT Ducheny CLASSIFICA nON Summary: This bill would entitle student athletes in training at the United States Olympic Training Center in Chula Vista to resident classification but would not apply to the University of Cali fomi a unless the regents, by resolution make it applicable. This bill contains other related provisions. State Mandated Fiscal Status: Assembly Desk CLIENT POSITION CHULA VISTA AB 1342 REDEVELOPMENT PLANS Napolitano Summary: bill would, notwithstanding specified limitations imposed by the Community Redevelopment Law Reform Act of 1993, authorize the legislative body of a redevelopment agency to extend specífic time limitations under prescribed circumstances. This bill contains other related provisions. Status: Assembly Desk CLIENT POSITION CHULA VISTA AB 1349 LOCAL GOVERNMENT, PROPERTY TAXES Kaloogian Summary: This bill would repeal specified provisions relative to property tax revenues and declare that a county auditor shall allocate the total amount of ad valorem property tax revenue that would have been required to be shifted to school and community college districts among the county and the cities. as well as special districts within the county. Fiscal Status: Assembly Desk _"________~.m CLIENT POSITION CHULA VISTA AB 1362 LOCAL GOVERNMENT FINANCE: COURT DECISION: Mazzoni DATE OF APPLICANT Summary: This bill would make the decision of the California Supreme Court in Santa Clara County Transportation Authority v. Guardino (I995), I I Cal. 4th 220, in which the court upheld the validity of this general tax voter approval requirement, inapplicable to any tax that was fIrst imposed or increased by an ordinance or resolution adopted prior to December 14, 1995. Fiscal Status: Assembly Desk CLIENT POSITION CHULA VISTA AB 1368 CALIFORNIA AIR QUALITY AND ENERGY EFFICIENCY Villaraigosa PROGRAM Summary: THis bill would create the California Air Quality and Energy Efficiency Fund and specifY accounts within that fund. to be administered by the California Air Quality and Energy Efficiency Joint Powers Agency. This bill contains other provisions relating to the purpose of this fund. Fiscal Status: Assembly Desk CLIENT POSITION CHULA VISTA AB 1369 CONCEALED FIREARM LICENSES Oller Summary: This bill would amend the provision to the existing law requirements related to the issuance of a concealed ftreann license. State Mandated FiscaJ Status: Assembly Desk .._..--_..~-. ----. ---.- .----..-...---- - --------. CLIENT POSITION CHULA VISTA AB 1384 CONTROLLED SUBSTANCES: UNLA\VFUL DETAINER Havice Summary: This bill would authorize an action for unlawful detainer to be brought in the name of the people by a district attorney or city attorney when a tenant is committing or permitting to exist any illegal drug activity, which would result in the tenants eviction. This bill contains other related provisions. Status: Assembly Desk CLIENT POSITION CHULA VISTA AB 1393 STATE AND LOCAL GOVERNMENT: PERFORMANCE Alquist AUDITS Summary: This bill would require each state agency to complete a perfonnance audit within 2 years of the effective date of the bill. This bill contains other related provisions. Fiscal Status: Assembly Desk CLIENT POSITION CHULA VISTA AB 1422 PUBLIC CONTRACTS: MODIFICATIONS Martinez Summary: This bill would, with certain exceptions require that when a contractor's compensation under a contract with a public agency is calculated as a percentage of that fmal cost of the service or project, the contractor's additional compensation for any change modification, or clarification initiated by the contractor shall be calculated at a rate 2% below the original percentage contained in the contract. Fiscal -----._."- .- --'~'-- _.__........_-,_.._._._-~_.- ---. "'.---.-. Status: Assembly Desk CLIENT POSITION CHULA VISTA AB 1427 LOCAL AGENCIES: SHOPPING CART RETRIEVAL Pringle Summary: This bill would authorize a city, county or both to impound a shopping cart without complying with the 3-day notice subject to specified conditions. The bill contains other related provisions. Status: Assembly Desk CLIENT POSITION CHULA VISTA AB 1429 WATER QUALITY Shelley Summary: This bill would require the Resources Control Board to implement the California State Mussel Watch Program, to prepare and make available a report with regard to water quality monitoring activities., implement a comprehesive program to monitor the quality of costal watersheds, to establish a unifonn system for monitoring and reporting mass dis- charge from stonn waters, to monitor pollutants entering into the Santa Monica Bay, to establish a prescribed citizen volunteer program, and provide assistance to appropriate agencies with regard to the Monterey Bay Water Quality Protection Program. This bill would appropriate certain monies to the board. Fiscal Status: Assembly Desk CLIENT POSITION CHULA VISTA AB 1436 PUPLlC SAFETY OFFICERS: PROCEDURAL BILL OF Cardoza RIGHTS Summary: This bill would prohibit any punitive action. or denial of promotion on grounds other than merit, from being undertaken for any act omission, or other aHegation of ~_.._------_._--_._-~.._" "-------. misconduct occuring after January I. 1998. This bill refers to the Public Safety Officers ProeduraJ Bill of Rights Act, and contains other related provisions. State Mandated Fiscal Status: Assembly Desk CLIENT POSITION CHULA VISTA AB 1466 SALES AND USE TAXES: REVENUE ALLOCATION: Baldwin LOCAL PUBLIC SAFETY Summary: This bill would modity the formula for computing each city's allocation factor by removing the pre-existing percentage cap. This biJI contains other related provisions. State Mandated Fiscal Status: Assembly Desk CLIENT POSITION CHULA VISTA AB 1484 LOCAL GOVERNMENT REORGANIZA nON Hertzberg Summary: This bill would create the Commission on Local Governance for the 21st Century and set provisions for its membership, duties and responsibilities. The bill would also make an appropriation to the Commission to carry out its duties and responsibilities. Fiscal Status: Assembly Desk CLIENT POSITION CHULA VISTA AB 1492 VEHICLE INSPECTION AND MAINTENANCE Baugh Summary: This bill would delete the changes made in 1994 to the Smog Check program --..-- -._--~~- and would restore its fonner provisions. This bill contains other related provisions. State Mandated Fiscal Status: Assembly Desk CLlliNT POSITION CHULA VISTA AB 1502 REDEVELOPMENT: TRANSFER OF TERRITORIAL Campbell JURISDICTION Summary: This bill would provide that specified areas of a territory within a redevelopment project area are subsequently annexed to a city to include within the boundaries of a new city the territorial jurisdiction of a county redevelopment agency over all. This bill contains other related provisions. Status: Assembly Desk CLlliNT POSITION CHULA VISTA AB 1506 PROPOSITION 218: IMPLEMENTATION Ortiz Summary: This bill would establish provisions for the implementation of Article xm C and Article xm D of the California Constitution by locaIjurisdictions. This bill contains other related provisions. Status: Assembly Desk CLlliNT POSITION CHULA VISTA AB 1510 GENERAL ASSISTANCE: ELIGffilLITY Morrow Summary: This bill would prohibit persons fleeing prosecution for, or who have been convicted of, a felony, or those who have committed a violation of a condition of parole or ,..-.- -----..-..... ....--.. - . .".-.----------.- - - ~- probation from being eligible for general assistance. This bill contains other related provisions. State Mandated Fiscal Status: Assembly Desk CLIENT POSITION CHULA VISTA ABX2 DISASTER RELIEF 2/04/97 Strom-Martin Summary: This bill would add to specified occurrences for which the state share may be 100% of total state eligible costs. as specified in the Natural Disaster Assistance Act the storms that occurred in California in December of 1996 and early January of 1997. Urgency Fiscal Status: Senate Committee On Appropriations CLIENT POSITION CHULA VISTA WATCH ABX3 WATER: FLOOD CONTROL SUBVENTIONS Frusetta Summary: This bill would enact the Frusetta-Morrissey Flood Prevention Act of 1997. This bill contains other related provisions. Urgency Status: Assembly Committee On Water Parks & Wildlife CLIENT POSITION CHULA VISTA WATCH ABX5 DISASTER RELIEF: SALES AND USE TAX INCREASE Floyd Summary: This bill would increase the state sales and use rate levied to a specified .-.......-.-----.----" . - ''---'--..' -,--...-..-......--....- amount, and would provide for the deposit of the additional amount of revenues derived from that rate increase in the Disaster Relief Fund. This bill contains other related provisions. Urgency Fiscal Status: Assembly Desk CLIENT POSITION CHULA VISTA WATCH ACA2 BUDGET BILL: PASSAGE 2/27/97 Morrissey Summary: This bill would amend the California Constitution to require that if the Budget Bill is not passed by midnight June 30 any salary or reìmbursemen~ as specified for the members of the Legislature shall be forfeited ITom midnight June 30 until the Budget Bill is enacted. Fiscal Status: Assembly Committe On Budget CLIENT POSITION CHULA VISTA WATCH ACA4 LOCAL GOVERNMENT FINANCE: PROPERTY TAX Aguiar REVENUE ALLOCATION Summary: This bill would modify reduction and transfer requirements related to property tax revenue allocation. This bill contains other related provisions. Fiscal Status: Assembly Committee On Elections, Reapportionment CLIENT POSITION CHULA VISTA WATCH ACA6 STATE AND LOCAL GOVERNMENT: BORROWING Thompson _n,^._.._..--_ - __.,.______.. n' . _.__~.._.__._,.___._ ._,,'__._ Summary: This measure would specifY a procedure to increase or decrease the limitation on state and local government borrowing. This bill contains other related provisions. Fiscal Status: Assembly Committee On Local Government CLIENT POSITION CHULA VISTA WATCH ACAIO LOCAL SALES AND USE TAXES: REVENUE SHARING Runner Summary: This measure would authorize counties cities and counties. and cities to enter into contracts to apportion between them the revenue derived from any sales or use tax imposed by them, as specified, if the ordinance/resolution proposing each contract is approved by two-thirds of each jurisdictional governing body that is a party to the contract. Fiscal Status: Assembly Committee On Local Government CLIENT POSITION CHULA VISTA WATCH ACA 13 LOCAL AGENCY DEBT Goldsmith Summary: This measure would provide that any new debt incurred by a redevlopment agency to fmance or refmance and redevelopment project or portion thereof requires voter approval. This bill contains other related provisions. Status: Assembly Committee On Local Government CLIENT POSITION CHULA VISTA AJRX I FEDERAL FLOOD RELIEF: TRANSPORTATION FUNDS 2114/97 - -.-...--.---.--" ---. Oller Summary: This measure would urge the Federal Highway Administrator to immediately release all of the requested transportation funds for which California is eligible as a result of damage ITom floods. Status: Chaptered 97-RX -001 CLIENT POSITION CHULA VISTA HRX2 RELATIVE TO FLOOD DAMAGE 2/11/97 Cardoza Summary: This resolution is relative to flood damage. Status: Resolution Adopted CLIENT POSITION CHULA VISTA . ._--~-_._..,-,~,.., _.._-- Legi- Tech Summary Report 4:50 AM 3/20/97 BILL-FILE - SENATE BILLS SB2 PARKS AND RESOURCES IMPROVEMENT: BOND ACT 3/12/97 Thompson Summary: This bill would enact the Parks and Resources Improvement Bond Act of 1998, as specified This bill contains other related provisions. Urgency Fiscal Status: Senate Committee On Appropriations CLIENT POSITION CHULA VISTA WATCH SB 7 SECRETARY OF STATE: DUTIES: POLITICAL REFORM Kopp ACT OF 1974 Summary: This bill would require the SecretaIy of State to develop a process whereby specified reports and statements could be filed electronically and viewed by the public at no cost by way of the largest nonproprietary cooperative public computer network. This bill contains other related provisions. Urgency State Mandated Fiscal Status: Senate Committee On Elections & Reapportionment CLIENT POSITION CHULA VISTA WATCH SB 8 GAMBLING 3/11/97 Lockyer Summary: This bill would repeal the Gaming Registration Act This bill would also create the Division of Gambling Control within the Department of Justice and and would authorize the division to regulate legal gambling in California. as specified. This bill contains other related provisions. State Mandated Fiscal -.--.... -----.,,' ."-.-... Status: Senate Committee On Appropriations CLIENT POSITION CHULA VISTA WATCH SB9 TRIAL COURTS: FUNDING Lockyer Summary: This bill would set forth [mdings, declarations and intent of the Legislature with regard to trial court funding and revise the system of state funding for trial courts, as specified. Urgency State Mandated Fiscal Status: Senate Committee On Judiciary CLIENT POSITION CHULA VISTA WATCH SB 10 SCHOOL FINANCE 3/18/97 Bmlte Summary: This bill would specifY that specified revenue limits related to school fmance would include an equalization adjustment for the 1997-1998 fiscal year and each fiscal year thereafter. This bill contains other related provisions. Fiscal Status: Senate Committee On Appropriations CLIENT POSITION CHULA VISTA WATCH SB II LOCAL LAW ENFORCEMENT: SUPPLEMENTAL 2/25/97 BmIte FUNDING Summary: This bill would require the Controller. as specified. to allocate certain monies for purposes of the Citizens Option for Public Safety Program. This biII contains other related provisions as specified. - ,,--.- _....__.~~_. '------,', -...-..-- .~._._.- Urgency State Mandated Fiscal Calendar: 4/02/97 Senate Committee On LocaJ Government # I Room 112 Status: Senate Committee On Criminal Procedure CLIENT POSITION CHULA VISTA SUPPORT SB 20 CAL-BRED AWARDS 2/24/97 Maddy Summary: This bill would require specified percentages of the winner's share of the purse of any open race except purses for stakes races, instead of the total advertised purse. to be distributed as owner premiums. Urgency Status: Chaptered 97- 0002 CLIENT POSITION CHULA VISTA WATCH SB21 STATE TRIAL COURT FUNDING 2/07/97 Lockyer Summary: Existing law. the Budget Act of 1996 appropriates $192.984.000 ITom the General Fund to the Trial Court Trust Fund for state trial court funding. This bill would appropriate an additional $290,500.000 from the General Fund to the Trial Court Trust Fund in augmentation of the aOOve item. Urgency Fiscal Status: Chaptered 97- 0003 CLIENT POSITION CHULA VISTA WATCH SB 22 ELECTIVE COUNTY OFFICES: TERM LIMITS Johnson ---,----~.,..,,_. ...--..,- Summary: This bill would authorize a board of supervisors of any general law or charter county, and the residents of the county by initiative. to submit a proposal to limit or repeal on the number of terms any officer may serve in an elective county office. This bill contains other related provisions, as specified. State Mandated Fiscal Status: Senate Committee On Elections & Reapportionment CLIENT POSITION CHULA VISTA WATCH SB 25 HORSERACING: 3/10/97 Maddy Summary: This bill would require the amount received from the out-of·state betting system to be distributed 50% as purses. 45% as commissions, and 5% to the official registering agency for thoroughbred horses. This bill contains other related provisions, as specified. Fiscal Status: Senate Committee On Appropriations CLIENT POSITION CHULA VISTA WATCH SB 26 CALIFORNIA-BRED RACES Maddy Summary: This bill would require the total amount distributed to horsemen and horsewomen for California-bred stakes races to be not less than 10% of the total amount distributed for all stakes races at that racing meeting. Status: Senate Committee On Governmental Organization CLIENT POSITION CHULA VISTA WATCH SB 27 HORSERACING _........_..____m______. ._.. Maddy Summary: Existing law states the legislative intent that a certain percentage shall supplement and not supplan~ other funding sources. This bill would delete the expression of legislative intent and, instead. would require that percentage to supplement, and not supplant other funding sources. Fiscal Status: Senate Committee On Governmental Organization CLIENT POSITION CHULA VISTA WATCH SB 28 HORSERACING Maddy Summary: This bill would protect the security and integrity of audiovisual signals, district agricultural associations and fairs may Conn organizations to operate the audiovisual signal system. Status: Senate Committee On Governmental Organization CLIENT POSITION CHULA VISTA WATCH SB 29 HORSERACING Maddy Summary: Existing law states legislative intent that certain percentage shall supplement., and not supplant, other funding sources. This bill would delete that expression of legislative intent and, instead. would require certain percentage to supplement, and not supplant other funding sources. Fiscal Status: Senate Committee On Governmental Organization CLIENT POSITION CHULA VISTA WATCH -------- .-- ---- -~--_._-_._~_. --.--..-.--. -- -.-... -.-.-- SB36 DIRECT PRIMARY ELECTION 3/17/97 Vasconcellos Summary: This bill would require that the statewide direct primary be held on the fIrst Tuesday after the 2nd Monday in September of each even-numbered year. This bill contains other related provisions, as specified. State Mandated Fiscal Calendar: 4/02/97 Senate Committee On Elections & Reapportionment # 1 Room 3191 Status: Senate Committee On Elections & Reapportionment CLlliNT POSITION CHULA VISTA OPPOSE SB 37 TRIAL COURTS: FUNDING Johannessen Summary: This bill would establish the Task Force on Trial Court Employees and the Task Force on Court Facilities. and specifY the powers and duties thereof. This bill contains other related provisions, as specified. Urgency State Mandated Fiscal Status: Senate Committee On Judiciary CLlliNT POSITION CHULA VISTA WATCH . SB44 HORSE RACING Maddy Summary: This bill would prohibit wagers accepted by betting systems located in a state that is contiguous to this state, and in which no live thoroughbredracing is conducted. tTom being included in the pari.mutuel pool ofthe association that cunducts the live racing in this state. Status: Senate Committee On Governmental Organization ---- ._-^--_.~._-----.--_.__. · CLIENT POSITION CHULA VISTA WATCH SB45 TRANSPORTATION FUNDING 3/10/97 Kopp Summary: This bill would change the 7-year state transportation improvement program to a 4-year program. changing the components of the regional and state transportation improvement program changing the name of the Transportation Planning and Development Account to the Public Transportation Account and making changes in the way funds are allocated tTom that account. Fiscal Status: Senate Committee On Appropriations CLIENT POSITION CHULA VISTA WATCH SB 46 GARMENT MANUFACTURING: CONTRACTS: Solis LIABILITY Summary: Existing law makes it a misdemeanor tor any person to violate certain laws relating to wages, hours, minors, and health Md safety. This bill would provide that every person engaged in the business of gannent manufacturing who contracts to have gannent manufacturing operations perfonned by another person as a contractor shall be civilly liable. Fiscal Status: Senate Committee On Judiciary CLIENT POSITION CHULA VISTA WATCH SB47 TRANSPORTATION FUNDING 31I9/97 Kopp Summary: This bilI would set forth a specific uniform toll schedule for the San Pedro- Terminal Island Bridge (Vincent Thomas Bridge), based upon the number of axles on a vehicle. This bill contains other related provisions,. as specified. State Mandated Fiscal Calendar: 3/20/97 In Senate-Third Reading-Senate BiIIs .._.........._--~----_.-'.-_...~- # 28 Senate Chabmer StatuS: Senate Floor CLIENT POSITION CHULA VISTA WATCH SB48 EMPLOYMENT: SEXUAL HARASSMENT Solis Summary: This bill would specif.y that harassment includes 'hostile-work-environment harassment', as defmed to mean umve1come conduct that a person similarly situated to the complainant would consider sufficiently severe or pervasive to alter the conditions of employment or create a hostile or offensive working environment. Fiscal Status: Senate Committee On Judiciary CLIENT POSITION CHULA VISTA WATCH SB 49 POLITICAL REFORM ACT OF 1974: ELECTRONIC Polanco FILING Summary: This bill would require the Secretary of State to develop a process whereby reports and statements that are required under the Political Refonn Act to be filed electronically and viewed by the public at no cost by way of the largest non-proprietary, cooperative computer network. This bill contains other related provisions, as specitied. State Mandated Fiscal Status: Senate Committee On Elections & Reapportionment CLIENT POSITION CHULA VISTA WATCH SB 52 PETROLEUM FRANCHISES Kopp Summary: This bill would provide that a petroleum franchisee shall not be precluded from purchasing fuel that is certified to be the same fuel as nonnally supplied by the franchisee's _m_H_____d~..__···_ Summary: This bill would require that coastal development permit fees collected by the Calífornia Coastal Commission be deposited in the State Coastal Conservancy Fund. This bill contains other related provisions. Fiscal Status: Senate Committee On Appropriations CLIENT POSITION CHULA VISTA WATCH SB 74 RECORDS 2/24/97 Kopp Summary: This bill would revise the defmitions of local agency and "writing' and would defme "public agency." This bill contains other related provisions. State Mandated Fiscal Status: Senate Committee On Judiciary CLIENT POSITION CHULA VISTA WATCH SB 75 ENDANGERED SPECIES: INCIDENTAL TAKING Hayden Summary: This bill would authorize the Department of Fish and Game to adopt regulations specifYing the terms under which individual species listed under the California Endangered Species Act may be taken incidental to routine and ongoing activities. as defmed. This bill contains other related provisions. Urgency State Mandated Fiscal Status: Senate Committee On Natural Resources & Wildlife CLIENT POSITION CHULA VISTA WATCH SB 79 POLITICAL REFORM ACT OF 1974: LATE FILING Kopp PENALTIES -----..~..~......_---,.,,-- '--+-'- --------.+ Summary: This bill would require that late penalties collected pursuant to specified provisions of the Political Reform Act of 1974 be deposited by the Secretary of State into the General Fund of the state. This bill contains other related provisions. Fiscal Status: Senate Committee On Elections & Reapportionment CLIENT POSITION CHULA VISTA WATCH SB81 SALES AND USE TAXES: EXEMPTIONS: QUALIFIED 3110/97 McPherson FIRE DISTRICTS Summary: This bill would exempt qualified fire districts from specified taxes related to the storage use or other consumption of personal property. This bill contains other related provisions. State Mandated Fiscal Calendar: 4/02/97 Senate Committee On Revenue & Taxation # 26 Room 3191 Status: Senate Committee On Revenue & Taxation CLIENT POSITION CHULA VISTA SB 87 LAND AND WATER CONSERVATION O'Connell Summary: This bill would authorize a specified tax credit under the Personal Income Tax Law and the Bank and Corporation Tax Law as related to the California Land And Water Conservation Act of 1997. This bill contains other related provisions. Calendar: 4/16/97 Senate Committee On Revenue & Taxation #5 Room 3191 Status: Senate Committee On Appropriations CLIENT POSITION CHULA VISTA WATCH -,_._"._,- "'U 'M'" ___._ ".w'____ ..._,______"_"__ ..._ '" '-_"_"'__ SB 90 ENERGY RESOURCES: RENEWABLE ENERGY Sher RESOURCES: FUNDING Summary: This bill would state the Legislature's intent to provide that specified funds allocated to the State Energy Resources Conservation and Development Commission are deposited in a trust fund for purposes related to renewable energy resources. Status: Senate Committee On Energy, Utilities And Corom. CLIENT POSITION CHULA VISTA WATCH SB 98 FILING FEES: SUPERIOR COURT 3/06/97 Haynes Summary: Existing law sets fonh the total filing fee for filing the first paper in a civil action or proceeding in superior court, except an adoption proceeding, at $182. This bill would impose an additional filing fee of$182 for each public officer or entity named as a defendant or respondent in that official capacity, to be refunded to the plantiff if he or she prevails. This bill would a)so make corresponding changes. Calendar: 4/08/97 Senate Committee On Judiciary #4 California Room (4203) Status: Senate Committee On Judiciary CLIENT POSITION CHULA VISTA WATCH SB 103 HORSERACING: RACING \VEEKS Maddy Summary: This bill would defme the tenn "racing weeks" for existing law. This bill contains other related provisions. Status: Senate Committee On Governmental Organization CLIENT POSITION ..- "---_.._".. ---_._--~~_....- CHULA VISTA WATCH SB 105 WATER QUALITY: CONTAMINATION 3117/97 Ayala Summary: This bill would require all state and local agencies to notify the public whenever they become aware of an act of water contamination. State Mandated Fiscal Status: Senate Committee On Criminal Procedure CLIENT POSITION CHULA VISTA WATCH SB 110 SALES AND USE TAXES: DISCLOSURE OF Dills INFORMATION: BRADLEY-BURNS Summary: This bill would allow the examination of sales or transactions and use tax records of the State Board of Equalization, as specified. This bill contains other related provisions. Fiscal Calendar: 4/02/97 Senate Committee On Revenue & Taxation #2 Room 3191 Status: Senate Committee On Revenue & Taxation CLIENT POSITION CHULA VISTA WATCH SB 116 PERSONAL INCOME AND BANK AND 3/03/97 Peace CORPORTATlON TAXES:CREDITS:SOLAR Summary: This bill would authorize a tax credit against specified taxes related to the solar energy system, as defined. This bill contains other related provisions. as specified. Fiscal Status: Senate Committee On Energy, Utilities And Comm. -,._--,-.- ___"n _..,_._., CLIENT POSITION CHULA VISTA WATCH SB 120 LOCAL GOVERNMENT: ACCOUNTS FINANCING ACT Craven Summary: This bill would make legislative fmdings and declarations regarding the need to provide tocaJ agencies with a comprehensive and alternative method for the transfer of specified accounts. This bill contains other provisions, as specified. Calendar: 4/02/97 Senate Committee On Local Government #2 Room 112 Status: Senate Committee On Local Government CLIENT POSITION CHULA VISTA WATCH SB 121 RESIDENTIAL SHELTER SERVICES: MINORS 3/19/97 Alpert Summary: This bill would revise the defmition of residential shelter service to refer to a facility that services minors, rather than a facility that services only minors. Calendar: 3/20/97 In Senate-Third Reading-Senate Bills # 24 Senate Cbabmer Status: Senate Floor CLIENT POSITION CHULA VISTA WATCH SB 124 POLITICAL REFORM ACT OF 1974: CONTRIBUTIONS: Kame!te GIFTS: INCOME Summary: This bill would amend the Political Refooo Act of 1974's defmition of the teoo "contribution". This bill contains other related provisions. Urgency State Mandated Fiscal Calendar: 4/02/97 Senate Committee On Elections & Reapportionment #2 Room 3 191 Status: Senate Committee On Elections & Reapportionment --------"--.....------"--.--..-------... CLIENT POSITION CHULA VISTA WATCH SB 126 VEHICLES: DRIVING UNDER THE INFLUENCE: Ayala REFUSAL TO TEST Summary: This bill would make it unlawful for any person lawfully arrested for any offense allegedly committed in violation of driving under the influence provisions to wilIfully refuse a chemical test, as specified. This hilI contains other related provisions. State Mandated Fiscal Status: Senate Committee On Crimina] Procedure CLIENT POSITION CHULA VISTA WATCH SB 136 WATER POLLUTION Costa Summary: This hill would prohibit the affinnative defense from being raised in any case in which the court finds, upon allegation by the district attorney, city attorney, or attorney general frod that the defendant acted wilIfuIly. Urgency State Mandated Fiscal Calendar: 4/01/97 Senate Committee On Judiciary #3 California Room (4203) Status: Senate Committee On Judiciary CLIENT POSITION CHULA VISTA WATCH SB 137 HORSERACING 3/I0/97 Maddy Summary: This bill would delete the statement of intent in horse racing law that one of the purposes of that law is to generate revenue. Calendar: 3/20/97 In Senate-Second Reading File-Senate Bills #7 Senate Chabmer -..--.--..-...-..-.... Status: In Senate-Second Reading File-Senate Bills CLIENT POSITION CHULA VISTA WATCH SB 138 OPEN MEETINGS: Kopp Summary: This bill would expand the defmition of a legislative body to include a board commission. committee, or other multimember body that is created or predominantly funded by the elected legislative body to exercise delegated authority. Status: Senate Committee On Local Government CLIENT POSITION CHULA VISTA WATCH SB 141 HORSE RACING: 3/10/97 Maddy Summary: This bill would specifY that out-of-state wagers may be placed by telephone. and would also permit the racing association to establish accounts with out-of-state bettors. Fiscal Status: Senate Committee On Governmental Organization CLIENT POSITION CHULA VISTA WATCH SB 142 WEAPONS: LICENSES Knight Summary: Existing law authorizes sheriffs to issue a license to carry a pistol based, in part, on the estimation that good cause exists. This bill would defme good cause. Status: Senate Committee On Criminal Procedure -_._._--~.~_._.- -~_..- CLIENT POSITION CHULA VISTA WATCH SB 146 FIREARMS: 3/05/97 Johnston Summary: This bill would provide that a concealed weapons pennit may be issued upon proof, among other things, that the person applying is a resident of the county, city, or city and county within which the application has been made. Status: Senate Committee On Criminal Procedure CLIENT POSITION CHULA VISTA WATCH SB 147 LOCAL AGENCY BORROWING 3/17/97 Ayala Summary: This bill would require that no local agency including a charter city. a school district, or a community college district may incur any indebtedness, as defmed on or after January 1 1998, without prior approval by a majority of the voters. Status: Senate Committee On Local Government CLIENT POSITION CHULA VISTA OPPOSE SB 156 REAL PROPERTY: ACQUISITION AND PUBLIC Johannessen RECORDS Summary: This bill would limit a specified exemption of the California Public Records Act Irom disclosure until the contents of the real estate appraisals or engineering or feasibility estimates or evaluations are disclosed to the contracting parties. This bill contains other related provisions. Fiscal Status: Senate Committee On Judiciary - -"--~.,----~-_._--_._......_._...- CLIENT POSITION CHULA VISTA WATCH SB 157 HABITAT CONSERVATION FUND Johannessen Summary: This bill would require at least 25% of the funds in the Habitat Conservation Fund to be used for the maintenance of wildlife habitat and the balance to be used for the existing acquisition restoration, and enhancement purposes. This bill contains other related provisions. Fiscal Status: Senate Committee On Natural Resources & Wildlife CLIENT POSITION CHULA VISTA WATCH SB 179 PROCESSING FEES 3/05197 Hughes Summary: This bill would make nonsubstantive technical changes to the provision afthe California Beverage Container Recycling and Litter Reduction Act penaining to fees. States: Senate Committee On Natural Resources & Wildlife CLIENT POSITION CHULA VISTA WATCH SB 191 PRIMA FACIE SPEED LIMIT: ORDINANCES 3/05/97 Ayala Summary: This bill would reinstate the authorization for any county or city within the South Coast Air Quality Management District to declare by ordinance a prima facie speed limit for air pollution control purposes. Urgency Status: Assembly Committee On Transportation ----.-...."----...--..--.-- CLIENT POSITION CHULA VISTA WATCH SB 200 ENTERPRISE ZONES Kelley Summary: This bill would require the Trade and Commerce Agency to designate an unspecified number of enterprise zones requested by the governing board of cities each of which meet specified criteria. Fiscal Status: Senate Committee On Governmental Organization CLIENT POSITION CHULA VISTA WATCH SB 205 EDUCATION: EQUALITY IN ENGLISH INSTRUCTION 3118/97 Haynes ACT Summary: This bill would enact the "Equality in English Instruction Act." This bill contains related provisions. Fiscal Calendar: 4/02/97 Senate Committee On Education #3 California Room (4203) Status: Senate Committee On Education CLIENT POSITION CHULA VISTA WATCH SB 228 LOCAL GOVERNMENT REORGANIZATION Kelley Summary: This bill would provide that ¡fthe number of voters eligible to vote on a commission - ordered change of organization or reorganization is less than 100, the petition shall be signed by at least 50 percent of the landowners who own at least 50 percent of the assessed value of land within the territory of affected territory or by at least 50 percent of the voters eligible to vote. This bill contains other related provisions. ------------.-.--.....---.."--------...------ Calendar: 4/02/97 Senate Committee On Local Government #3 Room 112 Status: Senate Committee On Local Government CLIENT POSITION CHULA VISTA WATCH SB 233 UNEMPLOYMENT COMPENSA nON BENEFITS: GOOD Solis CAUSE Summary: This bill would specifY conditions upon which individuals may leave their employment with good cause, ¡fhe or she leaves employment due to ftequent and repeated requirements to work more than eight hours per day. This bill contains other related provisions. Fiscal Status: Senate Committee On Industrial Relations CLIENT POSITION CHULA VISTA WATCH SB 234 PUBLIC EMPLOYEES' RETIREMENT SYSTEM: Hughes PURCHASING Po\VER Summary: This bill would require monthly allowances allocated by the Public Employees' Retirement System to be increased. instead, to specified amounts paid solely fi'om the assets of each employer and by additional employer contributions. Fiscal Status: Senate Committee On Public Employment CLIENT POSITION CHULA VISTA WATCH SB 235 EMPLOYMENT Solis Summary: This bill would provide that for purposes of the California Fair EmpJoyment and Housing Act the employer of an employee includes persons or entities otherwise ." ___.. .'__._... _..__ .. 'H"_'"""_~ meeting specified requirements identified as the employer on the employee's Internal Revenue Service fonn W-2 Wage and Tax Statement. Fiscal Status: Senate Committee On Industrial Relations CLIENT POSITION CHULA VISTA WATCH SB 256 HOMELESS AND HOUSING BOND ACT OF 1997. Lee Summary: This bill would enact the Homeless and Housing Bond Act of 1997. This bill contains other related provisions. Fiscal Status: Senate Committee On Housing And Land Use CLIENT POSITION CHULA VISTA WATCH SB 257 REDEVELOPMENT: LOW -AND - MODERATE INCOME 3/10/97 Lee HOUSING Summary: This bill would establish a pilot program pel10itting specified redevelopment agencies to purchase homes, as a principle residence within certain redevelopment project areas. This bill contains other related provisions. Status: Senate Committee On Housing And Land Use CLIENT POSITION CHULA VISTA WATCH SB261 JUDICIAL REVIEW: AGENCY ACTIONS 3/19/97 Kopp Summary: This bill would make judicial review of state agency or local agency actions subject to the provisions being added by SB 209. .--._"'__0_._-- _~__~___ _0___' State Mandated Fiscal Calendar: 4/08/97 Senate Committee On Judiciary #8 California Room (4203) Status: Senate Committee On Judiciary CLIENT POSITION CHULA VISTA WATCH SB 270 VEHICLES: VEHICLES: Peace Summary: This bill would require the Department of the California Highway Patrol, in consultation with the Department of Transportation and the State Air Resources Board. to adopt reasonable rules and regulations to promote the safe operation of commercial vehicles that enter the state ITom Mexico. State Mandated Fiscal Calendar: 4/01/97 Senate Committee On Transportation #4 Room 112 Status: Senate Committee On Transportation CLIENT POSITION CHULA VISTA WATCH SB 275 REDEVELOPMENT 3/12/97 Kopp Summary: This bill would require each redevelopment agency to include in its annual report a description of the agency's progress in alleviating blight. This bill contains other related provisions. State Mandated Fiscal Status: Senate Committee On Appropriations CLIENT POSITION CHULA VISTA WATCH -"-.-".-.--.. ----. SB 279 ORPHAN ASYLUMS Burton Summary: This bill would authorize the Governor to establish a system of state orphan asylums to provide services to eligible children deprived of adequate care and for whom state or local aid in an amount sufficient to provide adequate care is not available. Fiscal Status: Senate Committee On Health & Human Services CLIENT POSITION CHULA VISTA SB 285 HUMAN SERVICES Watson Summary: This bill would state the intent afthe legislature to enact provisions to conform to the requirements of the Persona] Responsibility and Work Opportunity Reconciliation Act of 1996. Urgency Status: Assembly Desk CLIENT POSITION CHULA VISTA WATCH SB 290 CONTROLLED SUBSTANCES: LIABILITY Calderon Summary: This bill would add a governmental agency to the list of entities funding a drug treatment program or employee controlled substance assistance program that are authorized to bring a cause of action under the Drug Dealer Liability Act. This bill contains other related provisions. Fiscal Calendar: 4/01/97 Senate Committee On Judiciary #6 California Room (4203) Status: Senate Committee On Criminal Procedure --_.-.-_. ___. _ ...___ ____.._________.._u~._.___._ CLIENT POSITION CHULA VISTA WATCH SB 303 PROPERTY TAX REVENUE ALLOCATIONS Burton Summary: This bill would limit specified allocations for the funding of special education programs to the 1995-96. 1996-97, and 1997-98 fISCal years. This bill contains other related provisions. Fiscal Calendar: 4/02/97 Senate Committee On Local Government #4 Room 112 Status: Senate Committee On Local Government CLIENT POSITION CHULA VISTA WATCH SB 304 POLITICAL REFORM ACT OF 1974: STATEMENT OF Kamette ORGANIZATION Summary: This bill would require each elected officeholder to include within his or her statement as to whether his or her committee has been established for the purpose of maintaining the officeholder expense fund, as specified. This bill contains other related provisions. State Mandated Fiscal Status: Senate Committee On Appropriations CLIENT POSITION CHULA VISTA WATCH SB 320 HOUSING AND LAND USE OMNIBUS ACT OF 1997 Lee Summary: This bill would state the intent to combine several minor statutory changes relating to housing, land use. and related topics into a single measure, and would make related findings and declarations. Fiscal Calendar: 4/21/97 Senate Committee On Housing And Land Use # I Room 3 191 _._~._._.--_._-~-,--_._---_.-~-_._--- Status: Senate Desk CLIENT POSITION CHULA VISTA WATCH SB 325 VEHICLE LICENSE FEE LAW: REVENUE ALLOCATION Maddy TO CITIES Summary: This bill would require the Director of Transportation on or before July I, 1998 to adopt standards for the prompt removal of graffiti from department - controlled real property. This bill contains other related provisions. Fiscal Status: Senate Committee On Local Government CLIENT POSITION CHULA VISTA WATCH SB 337 ILLEGAL DRUG CLEANUP ACCOUNT Kelley Summary: This bill would authorize the Department of Toxic Substances Control to reimburse local agencies for the cost of identifying and detennining the quantity of a hazardous substance, tagging the hazardous substance, and setting the hazardous substance aside for removal. Fiscal Status: Senate Committee On Environmental Quality CLIENT POSITION CHULA VISTA WATCH SB 361 COMMUNITY CARE FACILITIES Dills Summary: This bill would require the owner or licensee of community care facilities to provide notice to residents in the neighborhood where the facility is located of the procedure approved by the licensing agency for notification of, and immediate response to incidents and complaints. This bill contains other related provisions. --..---..-., --..-------..-----.-."-..'-.'.-- State Mandated Fiscal Status: Senate Committee On Health & Human Services CLIENT POSITION CHULA VISTA WATCH SB 372 SAN DIEGO UNIFIED PORT DISTRICT Peace Summary: This bill would conform statutoI)' law relating to the San Diego Unified Port District's authority to enter into specified contracts. This bill contains other related provisions. Status: In Senate-Second Reading File-Senate Bills CLIENT POSITION CHULA VISTA WATCH SB 390 HORSERACING: STABLING Haynes Summary: This bill would remove the requirement that offsite horseracing stabling be at auxiliary facilities or licensed racing associations. This bill contains other related provisions. Status: Senate Committee On Governmental Organization CLIENT POSITION CHULA VISTA WATCH SB 409 LIBRARIES Alpert Summary: This bill would revise and recast a specified act by enacting the Library of California Act under which related services would be augmented and regional networks established. _..-.._.._-~--_._------~-_._-~-- Fiscal Calendar: 4/16/97 Senate Committee On Education #5 California Room (4203) Status: Senate Committee On Education CLIENT POSITION CHULA VISTA WATCH SB 424 ENVIRONMENTAL QUALITY Hurtt Summary: This bill would require an environmental impact report that is likely to have a significant effect on the environment. This bill contains other related provisions. State Mandated Fiscal Status: Senate Committee On Environmental Quality CLIENT POSITION CHULA VISTA WATCH SB 451 LAND USE: GENERAL PLANS ENVIRONMENTAL Watson EQUITY Summary: This bill would require the land use element to include policies and procedures addressing equitable distribution oflocally undesirable land uses, and the fair distribution of burdens within the area, and that avoid disproportionate impacts against low-income communities as well as racial and ethnic minorities. This bill contains other related provisions. State Mandated Fiscal Calendar: 4/07/97 Senate Committee On Housing And Land Use #4 Room 3191 Status: Senate Committee On Housing And Land Use CLIENT POSITION CHULA VISTA WATCH SB 466 LOCAL AGENCIES: PROPERTY TAX EXCHANGE ---...-.--.------.-.--.---.-. . Rainey Summary: This bill would increase the 30-day limit for an initial jurisdictional negotiation period to 90 days in conjunction with local agencies. This bill contains related provisions. Status: Senate Committee On Local Government CLIENT POSITION CHULA VISTA WATCH SB 488 REDEVELOPMENT: LOW AND MODERATE iNCOME Lee HOUSiNG FUNDS Summary: This bill would limit the authority of a redevelopment agency to use moneys in its Low and Moderate Income Housing Fund outside its territorial jurisdiction to specified counties in major metropolitan areas. This bill contains other related provisions. Fiscal Calendar: 4/07/97 Senate Committee On Housing And Land Use #6 Room 3191 Status: Senate Committee On Housing And Land Use CLIENT POSITION CHULA VISTA WATCH SB 536 JUVENILES: SEXUALLY VIOLENT PREDATORS Mountjoy Summary: This bill would require the Department of Mental Health to notifY local law enforcement officials in a specified time ftame prior to the submission to a court of its recommendation for community outpatient treatment for any person committed as a sexually violent predator or its recommendation not to pursue recommitment of any such person. Fiscal Status: Senate Committee On Criminal Procedure CLIENT POSITION CHULA VISTA WATCH __.____.__.~___ .__...._ _h·__ SB 538 FIREFIGHTERS: EMPLOYMENT: CITIES AND Greene COUNTIES Summary: This bill would authorize a fIre protection district or flre department of a city county, or city and county, pursuant to enumerated procedures. to appoint as a member or officer any person who was serving as a civilian federaJ firefighter at any United States military installation within the state, who was tenninated as a consequence of the closure of the military installation. This bill contains other related provisions. Urgency Calendar: 4/02/97 Senate Committee On Local Government # 10 Room 112 Status: Senate Committee On Local Government CLIENT POSITION CHULA VISTA WATCH SB 546 PUBLIC SAFETY OFFICERS: INTERROGATION Johannessen Summary: This bill would defme "interrogation" and redefme "punitive action" for purposes of provisions of the Public Safety Officers Procedural Bill of Rights Act relative to the investigation or interrogation of a public safety officer by his or her commanding officer. This bill contains other related provisions. State Mandated Fiscal Status: Senate Committee On Criminal Procedure CLIENT POSITION CHULA VISTA WATCH SB 547 GANGS Watson Summary: This bill would create. until January I, 1999 the California Task Force on Gang Intervention with specified duties, and would create the office of the California Gang Czar within the office of the Attorney General. Fiscal Calendar: 4/22/97 Senate Committee On Criminal Procedure #3 California Room (4203\ -.~----..--.~_.~_.- Status: Senate Committee On Rules CLIENT POSITION CHULA VISTA WATCH SB 566 LOCAL GOVERNMENT: CAPITAL INVESTMENT Thompson INCENTIVE PAYMENTS Summary: This bill would authorize the governing body of a county, city and county. or city to pay capitaJ investment incentive amounts, as defmed. over a period.of 15 consecutive fiscal years to a requesting proponent of a qualified manufacturing facility, as defmed. Fiscal Calendar: 4/16/97 Senate Committee On Local Government #2 Room 112 Status: Senate Committee On Local Government CLIENT POSITION CHULA VISTA WATCH SB 576 REDEVELOPMENT: REDEVELOPMENT AGENCIES Lee ANNUAL REPORT Summary: This bill would permit Redevelopment agencies, in engaging in their required monitoring and reporting activities. to use, in specified circumstances. the same fOnTIS and reports authorized by federal housing programs. Calendar: 4/07/97 Senate Committee On Housing And Land Use #8 Roorn3191 Status: Senate Committee On Housing And Land Use CLIENT POSITION CHULA VISTA WATCH SB 584 VETERANS' HOMES O'Connell Summary: This bill would require the second site established according to existing law to .._--_._--_._._...._-._---,~ be the Veterans' Home of Cali fomi a Chula Vista. and the third site to be the Veterans' Home of California Lancaster, the fourth site would be the Veterans' Home of California Saticoy. Calendar: 4/08/97 Senate Committee On Veterans Affairs #6 Room 2040 StanIs: Senate Committee On Veterans Affairs CLIENT POSITION CHULA VISTA WATCH SB 676 COASTAL RESOURCES: DEVELOPMENT PERMITS: Peace MITIGATION MEASURES Summary: This bill declares that the California Coastal Commission should not require coastal development permit applicants for a project that is proposed to be located in the coastaJ zone to perform any mitigation measures as a condition of obtaining the permit if mitigation measures apply to an are outside of the proposed county location. Status: Senate Conunittee On Natural Resources & Wildlife CLIENT POSITION CHULA VISTA SB 689 ZONING: Johnson Summary: This bill would state legislative intent that no lawfully established and operated business in the state shall be compelled by any local government entity to change or limit its customary manner or hours of operation, unless the owner of the business receives just compensation for that limitation. This bill contains other related provisions. Calendar: 4/07/97 Senate Committee On Housing And Land Use #9 Room 319\ Status: Senate Committee On Judiciary CLIENT POSITION CHULA VISTA WATCH .~._'-"._.,_..'_---_'__'~-_.'_--- SB 702 OFFICE OF STRATEGIC TECHNOLOGY: Polanco MANUFACTURING TECHNOLOGY PROGRAM Summary: This bill would delete specified provisions regarding the Manufacturing Technology Program and would, instead, establish the MTP within the Office of Strategic Technology to provide matching grants and technical assistance to California nonprofit organizations, businesses, consortia and public agencies under the California Manufacturing Excellence Program. This bill contains other related provisions. Fiscal Status: Senate Committee On Rules CLIENT POSITION CHULA VISTA WATCH SB 720 VEHICLES: REGISTRATION FEE: FINGERPRINT Lockyer IDENTIFICATION Summary: This bill would impose additional fees for the registration of a vehicle to appropriate money to fund local programs that enhance local law enforcement to provide fmgerprint identification. Fiscal Status: Senate Committee On Transportation CLIENT POSITION CHULA VISTA WATCH SB 796 ALCOHOLIC BEVERAGES: LICENSES Hughes Summary: This bill would specify that any original or transferred alcoholic beverage license shall be subject to a one year probationary period and is subject to immediate revocation if any conviction of a serious offense occurs during that probationary period. Fiscal Status: Senate Committee On GovemmentaJ Organization CLIENT POSITION -------. ----.- ,.-.---..,----------, -----_._--_.~--_. CHULA VISTA WATCH SB 797 CALIFORNIA INFRASTRUCTURE AND ECONOMIC Hughes DEVELOPMENT BANK BOND ACT Summary: This bill would enact the California Infrastructure and Economic Development Bank Bond Act which would authorize for fInance purposes. an intfastructure loan improvement program, pursuant to the State General Obligation Bond Law for bonds in the amount of$200,000,000. This bill contains other related provisions. Fiscal Status: Senate Committee On Governmental Organization CLIENT POSITION CHULA VISTA WATCH SB 805 ALCOHOLIC BEVERAGES: SALES TO MINORS Alpert Summary: This bill would increase the penalties set forth under the Alcohoüc Beverage Control Act and would require a retail licensee to post a notice that contains and descnl:>es the fmes and penalties for the sale of alcoholic beverages to or by persons under the age of 21. This bill contains other related provisions. State Mandated Fiscal Status: Senate Committee On Governmental Organization CLIENT POSITION CHULA VISTA WATCH SB 811 VEHICLES: SPEED TRAPS: DEFINITIONS Hayden Summary: This bill would provide that in a county with a population of750.000 persons or more, a speed limit may be established that is up to 15 miles per hour less than the speed limit justified by the engineering and traffic survey. Status: Senate Committee On Transportation __.~..",._____.n'.. __ ____ __ ._____.. CLIENT POSITION CHULA VISTA WATCH SB 822 CALIFORNIA YOUTH VIOLENCE PREVENTION Lockyer AUTHORITY Summary: This bill would create the California Y DUth Violence Prevention Program Authority composed of the Attorney General, State Director of Health Services. and 16 other appointed members. Authorized to establish and administer a community youth violence prevention grant program with available funds creating a State Violence Prevention Fund in State Treasury. Fiscal Status: Senate Committee On Rules CLIENT POSITION CHULA VISTA WATCH SB 847 LOCAL INFRASTRUCTURE: STATE BONDS Thompson Summary: This bill would enact the Local Infrastructure Bond Act. which would fmance a specified local infrastructure fmance program. This bill contains other related provisions. Fiscal Calendar: 4/16/97 Senate Committee On Local Government #4 Room 11 2 Status: Senate Committee On Local Government CLIENT POSITION CHULA VISTA WATCH SB 854 PROPERTY TAX REVENUE ALLOCATIONS: PROPERTY O'ConneII TAX REVENUE SHIFfS: Summary: This bill would exclude single-county transit districts from specified reduction and transfer provisions of property tax allocations. This bill contains other related provisions. Urgency Fiscal Calendar: 4/16/97 Senate Committee On Local Government ---.-.."--...-.----. # 5 Room 112 Status: Senate Committee On Local Government CLIENT POSITION CHULA VISTA WATCH SB 865 ENTERPRISE ZONES Lee Summary: This bill would make technical nonsubstantive changes to provisions of the Enterprise Zone Act relative to the provision of technical assistance by the Trade and Commerce Agency. Status: Senate Committee On Rules CLIENT POSITION CHULA VISTA WATCH SB 869 REMOVAL ACTION WORKPLANS: CONSRUCTION Lee ACTIVITIES Summary: This bill would prohibit the Department ofT oxic Substances Control from approving a removal action workplan for construction activities at any worksite without affording the local community and all interested parties an opportunity for administrative review of the decision of the department. Fiscal Status: Senate Committee On Environmental Quality CLIENT POSITION CHULA VISTA WATCH SB 880 LOCAL GOVERNMENT FINANCE: PROPERTY TAX Craven REVENUE ALLOCATION Summary: This bill would specify that the current requirement of a county auditor, in each tiscal year. to allocate property tax revenues to local jurisdictions with specified fannulas and procedures, would be applicable to the 1996-97 fiscal year and each fiscal year thereafter. This bill contains other related provisions. -~-_..._- - ~.._.~ ._-----.~..._--_._._--_._--~--_._- Urgency State Mandated Fiscal Calendar: 4/16/97 Senate Committee On Local Government #7 Room 112 Status: Senate Committee On Local Government CLIENT POSITION CHULA VISTA WATCH SB 882 SEX OFFENDERS: REGISTRATION: TRANSIENTS Schiff Summary: This bill would require persons registering as transients, as defmed. to update their registrations monthly. This bill contains other related provisions. State Mandated Fiscal Status: Senate Committee On Criminal Procedure CLIENT POSITION CHULA VISTA WATCH SB 888 NEIGHBORHOOD DEVELOPMENT CORPORATIONS Costa Summary: This bill would create the Neighborhood Development Corporation Act, as wen as make legislative fmdings and declarations with respect to the existence of economic health, and social problems in distressed neighborhoods, as defmed. This bill contains other related provisions. Urgency Status: Senate Committee On Housing And Land Use CLIENT POSITION CHULA VISTA WATCH SB 889 LOCAL GOVERNMENT FINANCE: PROPERTY TAX Hayden REVENUE ALLOCATION ....----...----....----- Summary: This bill would modifY specified reduction and transfer requirements, as related to the Educational Revenue Augmentation Fund for county school districts, community college districts, and offices of education commencing with the 1997-98 fiscal year, by requiring that each reduction and transfer amount calculated for a local agency within a county be annually reduced in accordance with an unspecified schedule. This bill contains other related provisions. Urgency State Mandated Fiscal Status: Senate Committee On Local Government CLIENT POSITION CHULA VISTA WATCH SB 906 COUNTY HAZARDOUS WASTE MANAGEMENT PLAN Lee Summary: This bill would require current county hazardous waste management plans to include specified infonnation regarding the demographics of a community within a IO-mile radius of each hazardous waste stream and facility. This bill contains other related provisions. State Mandated Fiscal Status: Senate Committee On Environmental Quality CLIENT POSITION CHULA VISTA WATCH SB919 LOCAL GOVERNEMT TAXES, FEES. ASSESSMENTS, Rainey AND CHARGES Summary: This bill would specifY how the constitutional requirements apply to ongoing annual assessments with specified exceptions. This bill contains other related provisions. Calendar: 4/16/97 Senate Committee On Local Government #8 Room 112 Status: Senate Committee On Local Government CLIENT POSITION CHULA VISTA ._._.u.._'·____._._.·___.'· _ _.. ,..---~ SB 968 BOOKING FEES Knight Summary: This bill would require a county imposing a booking fee to require the arrested person to pay the fee at the time of his or her release on his or her own recognizance or as a condition of release on bail. This bill contains other related provisions. Calendar: 4/29/97 Senate Committee On Criminal Procedure #2 California Room (4203) Status: Senate Committee On Criminal Procedure CLIENT POSITION CHULA VISTA WATCH SB 992 UNIFORM PUBLIC CONSTRUCTION COST Dills ACCOUNTING ACT: PUBLIC AGENCIES Summary: This bill would specifY the Uniform Public Construction Cost Accounting Act provides for the development of cost accounting standards and an alternative method of bidding of public works projects by aU local public entities and make a conforming change. This bill contains other related provisions. Status: Senate Committee On Local Government CLIENT POSITION CHULA VISTA WATCH SB 994 LOCAL AGENCY CONTRACTS: ELIGIBILITY Johnson Summary: This bill would prohibit a local public entity tTom directly suspending, debaning or otherwise prohibiting a licensed contractor from bidding on local public works or services contracts. Status: Senate Committee On Local Government CLIENT POSITION __ ~_.__. __ _ .m..._ ,__,_,_ .~.__~_~.____~._.__.._,.". CHULA VISTA WATCH SB 1010 HOUSING Vasconcellos Summary: This bill would include compliance with the specific plan in effect at the time the housing project application is determined to be complete among the grounds for which the local agency must base its decision on written fmdings supported by substantial evidence. This bill contains other related provisions. State Mandated Fiscal Calendar: 4/07/97 Senate Committee On Housing And Land Use # 10 Room 3191 Status: Senate Committee On Housing And Land Use CLlliNT POSITION CHULA VISTA WATCH SB 1018 PRIVATE PROPERTY: ILLEGAL DUMPING Leslie Summary: This bill would provide that in any case involving illegal dumping or littering of waste material on private property located adjacent to a public road, without the consent of the private property owner, the private property owner shall be liable or have the duty to provide for such c1ewlUp. This bill contains other related provisions. Status: Senate Committee On Judiciary CLlliNT POSITION CHULA VISTA WATCH SB 1029 REDEVELOPMENT: Hayden Summary: This bill would make legislative [mdings and declarations regarding the indebtedness of redevelopment agencies. This bill contains other related provisions. Calendar: 5/05/97 Senate Committee On Housing And Land Use # I Room 3191 Status: Senate Committee On Housing And Land Use ~,~.,_...__..._,....----_.-..__._-_..._~--- CLIENT POSITION CHULA VISTA WATCH SB 1046 PUBLIC ENTITY LIABILITY: MEDIAN BARRJER Haynes Summary: This bill would provide that in accordance with existing law a condition is not a dangerous condition merely because of the failure to provide median barriers on a state highway. Status: Senate Committee On Judiciary CLIENT POSITION CHULA VISTA WATCH SB 1066 SOILD WASTE: MARKET DEVELOPMENT Sher Summary: This bill would specifically include source reduction in specified legislative fmdings and declarations relating to the achievement of market development goals set forth by the California Integrated Waste Management Act of 1989. Status: Senate Committee On Environmental Quality CLIENT POSITION CHULA VISTA WATCH SB I 105 TAXATION Alpert Summary: This bill would require the governing body of a school district or community college district that fOnTIS a school facilities improvement district to comply with specified filing requirements established by specific statutes with respect to local agency jurisdiction boundary changes. This bill contains other related provisions. State Mandated Fiscal Calendar: 4/16/97 Senate Committee On Revenue & Taxation # 22 Room 3191 ---~. --.. -~---- _._~ ..-.-. Status: Senate Committee On Revenue & Taxation CLIENT POSITION CHULA VISTA SB 1107 PROPERTY TAXATION Alpert Summary: This bill would revise the provision that provides that secured rolled taxes are due on the applicable specified date to state that those taxes are due and payable on the applicable specified date. This bill contains other related provisions. State Mandated Fiscal Calendar: 4/16/97 Senate Committee On Revenue & Taxation #24 Room 3191 Status: Senate Committee On Revenue & Taxation CLIENT POSITION CHULA VISTA SB 1109 HOUSING: RENT CONTROL Costa Summary: This bill would add to the Costa-Hawkins Rental Housing Act. among other things that an owner who establishes an initial rental rate in any amount which exceeds the maximum pennissible rent level that otherwise could be charged at the time of the re-rental pursuant to local law, shall be deemed to bave established that initial rental rate. This bill contains other related provisions. State Mandated Fiscal Status: Senate Committee On Judiciary CLIENT POSITION CHULA VISTA SB 1113 ENVIRONMENTAL QUALITY: ETHNIC POPULATIONS Solis Summary: This bill would prohibit a lead agency from certifying an environmental impact report, prepared under the direction of the California Environmental Quality Act, unless it --..----.- '_'_0" .....' _,'.',.________ ._._........~_...__ . includes an analysis of the impacts of the project on nearby ethnic populations. This bill contains other related provisions. State Mandated Fiscal Status: Senate Committee On Environmental Quality CLIENT POSITION CHULA VISTA SB 1119 COASTAL RESOURCES: CERTIFIED LOCAL COASTAL Hayden PROGRAMS Summary: This bill would make legislative fmdings and declarations that the California Coastal Commission should make every effort possible to assist local governments in the preparation of certified local coastal programs. This bill contains other related provisions. Status: Senate Committee On Rules CLIENT POSITION CHULA VISTA SB 1122 PUBLIC BEACH ENHANCEMENT Craven Summary: This biII would establish the California Public Beach Enhancement Program, for specified public beach enhancement purposes. This bill contains other related provisions. Fiscal Status: Senate Committee On Natural Resources & Wildlife CLIENT POSITION CHULA VISTA SB 1174 COMMUNITY DEVELOPMENT Vasconcellos Summary: This bill would apply the existing defmition of redevelopment relative to a city or county to specified communal entities. .. -......-.--.--.------. Status: Senate Committee On Housing And Land Use CLŒNT POSITION CHULA VISTA SB 1179 SOLID WASTE HANDLERS: INDEMNITY AGREEMENTS Polanco Summary: This bill would require that any term condition, or requirement in any franchise contract, agreement, license, or permit granted or issued by any city, county, or district for municipal solid waste collection or recycling, that requires the solid waste collection or recycling, that requires the solid waste handler, in substance, to indemnify the city, county, or district for rUleS or penalties imposed by the California Integrated Waste Management Board, is subject to specified restrictions on enforceability. Fiscal Status: Senate Committee On Environmental Quality CLŒNT POSITION CHULA VISTA SB 1184 CALIFORNIA INFRASTRUCTURE AND ECONOMIC Thompson DEVELOPMENT BANK Summary: This bill would state a fmding and declaration by the Legislature that the California Infrastructure and Economic Development Bank shall serve as the administmtion's ~one stop shop" for dealing with this state's public and private infrastructure needs, eliminate duplication in decision making. and create a single contact point for tbe Trade and Commerce Agency's infrastructure fmancing activities. Fiscal Status: Senate Committee On Governmental Organization CLŒNT POSITION CHULA VISTA SB 1201 VERY HIGH FIRE HAZARD SEVERITY ZONES , "--..--., ----------. -~-----~ Hayden Summary: This bill would make changes to existing law requiring the Director of Forestry and Fire Protection to identifY areas in the state as very high fire hazard severity zones. This bin contains other related provisions as specified. Fiscal Status: Senate Committee On Housing And Land Use CLIENT POSITION CHULA VISTA 5B 1215 LOCAL MODIFICATIONS OF BUILDING STANDARDS Burton Summary: This bill would further authorize the goveming body of a city, county, or city and county, to adopt reasonably necessary modifications to the requirements contained in the provisions of the California Building Standards Code and other regulations. This bill contains other related provisions. Calendar: 4/07/97 Senate Committee On Housing And Land Use #I2Room3191 Status: Senate Committee On Housing And Land Use CLIENT POSITION CHULA VISTA 5B 1236 LAND USE: REGIONAL HOUSING NEEDS Johannessen Summary: This bill would state that it is the intent of the Legislature to encourage each local government to cooperate with other local governments in order to address regional housing needs. Status: Senate Committee On Housing And Land Use CLIENT POSITION CHULA VISTA _~___.~,_.__ _ ___ __ U._ SB 1240 WILLIAMSON ACT: CONTRACT RECISSIONS: LOT LINE Costa ADJUSTMENTS Summary: This bill would require the biennial status report made by the Department of Conservation in the year 2000 to include a review of the performance of the bill relating to lot line adjustments. This bill contains other related provisions. Fiscal Status: Senate Committee On Housing And Land Use CLIENT POSITION CHULA VISTA SB 1254 CHILD ENDANGERMENT PROTECTION ACT OF 1997 Calderon Summary: This bill would prohibit an individual, flITl1 partnership, corporation, or association, from disclosing, selling, renting, exchanging. or otherwise, releasing personal information about children and their families for commercial or trade purposes without their consent This bill contains other related provisions. State Mandated Fiscal Status: Senate Desk CLIENT POSITION CHULA VISTA SB 1266 REDEVELOPMENT: REDEVELOPMENT AGENCIES: Knight PAYMENTS TO AFFECTED Summary: This bill would revise the requirements incident to the authorization of a redevelopment agency to make payments from tax increment funds to an affected taxing entity that is a state water supply contractor. This bill contains other related provisions. Status: Senate Committee On Rules CLIENT POSITION CHULA VISTA --- --~---------- ---",.----- ~-_.__._.. SB 1308 SALES AND USE TAXES: RET AlLERS AND SELLERS: Lewis CONVENTIONS AND Summary: This bill would provide that a retailer shall not be considered a retailer engaged in business in this state, except as specified if that retailer's sole physical presence in this state is to engage in convention and trade show activities. This bill contains other related provisions. State Mandated Fiscal Status: Senate Committee On Revenue & Taxation CLIENT POSITION CHULA VISTA SB 13 10 LOCAL SALES AND USE TAXES: OPTIONAL RATE Johnson Summary: This bill would allow any city, county or city and county that adopts a specified sales and use tax ordinance to impose an additional sales and use tax in lieu of an equivalent rate of sales and use tax imposed by the state pursuant to certain statutes. This bill contains other related provisions. Fiscal Calendar: 4/16/97 Senate Committee On Revenue & Taxation # 27 Room 3191 Status: Senate Committee On Revenue & Taxation CLIENT POSITION CHULA VISTA WATCH SB 1314 PUBLIC WORKS Dills Summary: This bill would provide that only those workers to whom a statutory provision is applicable and who are employed directly at a site of the work by contractors or subcontractors in the execution of any contract for public work are deemed to be employed upon public work. This bill contains other related provisions. Fiscal ___u ____.___.__..__.. .w___.. Status: Senate Committee On Industrial Relations CLIENT POSITION CHULA VISTA sa 1320 PARKING CASH-OUT PROGRAMS Hum Summary: This bill would authorize any employer to offer a parking cash-out program, revise the definition ofØparking cash-out programø and make legislative fmdings and declarations relative to the effects of the federal tax code and other factors on those programs. Status: Senate Committee On Local Government CLIENT POSITION CHULA VISTA SB 1330 SOLID WASTE: DIVERSION REQUIREMENTS Lockyer Summary: This bill would authorize one or more single or multiyear time extensions from the pre-existing diversion requirements established by the California Integrated Waste Management Board. This bill contains other related issues. Fiscal Status: Senate Committee On Environmental Quality CLIENT POSITION CHULA VISTA sa 1339 LOADED FIREARMS Calderon Summary: This bill would exempt from general prohibition concealable flreanns in a locked container. This bill contains other related issues. State Mandated Fiscal ~_. .---" -~------~--------"--- Status: Senate Committee On Criminal Procedure CLIENT POSITION CHULA VISTA SB I341 SOLID WASTE: LOCAL ENFORCEMENT AGENCIES: Costa APPEALS Summary: This act established an enforcement program administered by local enforcement agencies certified by the California Integrated Waste Management Board. This bill contains other related provisions. Status: Senate Committee On Environmental Quality CLIENT POSITION CHULA VISTA SBX3 LAND USE: PLANNING AND RESEARCH Lee Summary: This hilI would require the Office of Planning and Research to coordinate and assist the distribution of information, including maps to city and county planning agencies and other local officials regarding the identification of areas subject to flood hazards. Fiscal Status: Senate Committee On Housing And Land Use CLIENT POSITION CHULA VISTA WATCH SCA2 MOBILEHOME PARK RENT ST ABILIZA nON O'Connell Summary: This measure would express specified fmdings of the people of California relating to affordable housing. This bill contains other related provisions. Status: Senate Committee On Constitutional Amendments -"_.. _..._._.~-----~.__._--_..~._------ --~- CLIENT POSITION CHULA VISTA WATCH SCR 15 PUBLIC UTILITIES: RESTRUCTURING: 2/20/97 Peace Summary: This bill would create the Joint Oversight Committee on Electricity and Refonn to oversee the implementation of AB 1890, SB 960. and SB 1322. Status: Assembly Desk CLIENT POSITION CHULA VISTA WATCH - ---~------_._-------_._----,- March 20, 1997 1 TO: The Honorable Mayor and City Council r f FROM: 101m D "=. City ""'",a 0~ J ~~\ City Council Meeting of March 25, 199 --.. SUBJECT: This will transmit the agenda and related materials for the regular City Council meeting of Tuesday, March 25, 1997. Comments regarding the Written Communications are as follows: 5a. This is a letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in the Closed Session on 3/18/97 in which the City Attorney participated, that there were no reportable actions which are required under the Brown Act to be reported. IT IS RECOMMENDED THAT TIllS LETTER BE RECENED AND FILED. 5b. This is a letter from Coleen Scott, Member of the Cultural Arts Commission, requesting financial assistance with the Fifth Annual Classical Music Competition. As was pointed out last year when a similar request was received from the Commission, it does not meet the criteria established in Council Policy 159-02, as it does not provide a specific tangible benefit to the City. At that time, Council elected to provide $500 towards this event from the Council Contingency Fund and the winners of the competition performed at the beginning of one of the Council meetings. It is still staffs belief that this request does not meet Council Policy requirements. However, IF COUNCIL CHOOSES TO APPROVE FUNDING AGAIN THIS YEAR, IT WOULD BE STAFF'S RECOMMENDATION TO APPROVE A LESSER AMOUNT, SAY $200, as we have done recently with other groups and individuals (e.g., Music Tech Ensemble, Freedoms Foundation funded at half the amount they received previously) . JDG:mab - -.~_.- ~ ~ ft.. =~~ ~~~~ .......~"""""" --~~"" <\'01' CllY OF CHULA VISTA $C OFFICE OF THE CITY ATTORNEY 4ltviZ'l) Date: March 19, 1997 To: The Honorable Mayor and City Council From: John M. Kaheny, City Attorney Re: Report Regarding Actions Taken in Closed Session for the Meeting of 3/18/97 The City Council met in Closed Session to discuss city of Chula vista v. The Fieldstone Company, et al. , the claim of Steve Griffin, and Divinagracia v. city of Chula vista. The City Attorney hereby reports to the best of his knowledge from observance of actions taken in the Closed Session in which the City Attorney participated, that there were no reportable actions which are required under the Brown Act to be reported. JMK: 19k C:\lt\clo8se88.no s;~/ 276 FOURTH AVENUE. CHULA VISTA' CALIFORNIA 91910 . (619) 691-5037 . FAX (619) saS-S612 <'/3"'''''''''-.... --.~._----------".._--"" -- -----..--.----+----------- -----~-~-- ~ (ft.. :- .Mt_ ~ ~~s~ '-~~~ CIlY OF CHUIA VISTA MAR 17 CULTURAL ARTS COMMISSION , '--. March 14, 1997 Cultural Arts Commission ~ ~ Classical Music Competition ::u Coleen A. Scott ~~ I 111 4 East San Miguel Drive me") (") ~ - r'I'I Chula Vista, CA 91911 .... < oþ -0 r'I'I Chula Vista City Council .."c:: N 0 ...- ë'5~ (f 276 Fourth Ave. enþ \0 Chula Vista, CA 91910 Dear Mayor and City Council: The Chula Vista Cultural Arts Commission is sponsoring the fifth annual Classical Music Competition. This is a competition for amateur musicians for ages seven and up. There are several categories. Prizes are given to winners in each category. This event is designed to help promote the talent of our local children and young adults and to bring more classical music into our area. The competition will tak~ place on Saturday, May 17th and a recital featuring all winners will take place Sunday, May 18th at 3:00 P.M. at the Chula Vista Civic Center Library Auditorium. The performances are tree to the public and have always been well attended. We need your help to put on this worthwhile program. Last year you generously donated $500. Can we depend on your help again.? ~()M--- Coleen A. Scott Cultural Arts Commission, Member WRmEN COA\ t\ ~ U~\ ¡;~;f;J;: TIONS . ",' ; lrwl 'fi~l~ '.I.ß ' . c,,~ ~ ~ fÞ/57 ~ ~ ,-çjy-/ ~ ~ þ> ~';aÇ ¡!Ó~rH AVENUE' CHULA VISTA· CALIFORNIA 91910 . (619) 691-5071 @"""'"""'-.... - - -..- - -,~"'---_._-,_."---_.._~_.- SECTION 1: VOCAL SOLO I-A: Ages 12-15 1-B: Ages 16 through high school l-C: College I-D: Adult SECTION 2: VOCAL DUET OR ENSEMBlE (MAXIMUM 5 IN GROUP) 2-A: Ages 12-15 2-B: Ages 16 through high school 2-C: College 2-D: Adult SECTION 3: PIANO SOLO 3-A: Ages 7-9 3-B: Ages 10-12 3-C: Ages 13-15 3-D: Ages 16 through high school 3-E: College 3-F: Adult SECTION 4: PIANO DUET 4-A: Ages 7-9 4-B: Ages 10-12 4-C: Ages 13-15 4-D: Ages 16 through high school 4-E: College 4-F: Adult SECTION 5 INSlRUMENTAL SOLO 5-A: Ages 8-11 SoB: Ages 12-15 5-C: Ages 16 through high school 5-D: College 5-E: Adult SECTION 6: INSlRUMENTAL ENSEMBlE (Maximum 5 in a group) 6-A: Elementary age up and including grade 12 6-B: College 6-C: Adult SECTION 7: GROUP (Maximum ten performers) 7-A: Ages through junior high school 7-B: High School 7-C: College 7-D: Adult * First place winners of any category in 1996 are not eligible to compete in the same category in 1997. * 1996 winners cannot compete in another age category until reaching the age qualifications of that category. * The younger duel partner must play in the age group of the older partner. * Repertoire cannot be repeated from the previous year. * Student must be studying with current teacher for the last 6 consecutive months (excepting college and adult.) 56-2 .--.----- ..~.,.- ." PIANO, VOCAL, BAND AND ORCHESTRA INSTRUMENTS Date: Saturday, May 17, 1997 Location: Chula Vista Civic Center Library Entry Fee: $12.00 per entry, per class. Classes of Competition: Ages 7 and up Student or Teacher must live in the South Bay. For class schedules and competition rules, call Charlotte at 475-1926 A recital showcasing winners of the competition will be held at the Chula Vista Civic Center Library, Sunday, afternoon at 3:00 P.M. May 18th. ENTRIES DUE BY APRIL 15, 1997 ~\f.?~ -11-\ ....~~~ ~- cHðlA ~ISTA I ~~ ORDINANCE NO. .:( 7 oS- ~~"- . ~ AN ORDINANCE OF THE CITY OF CHULA VISTA CREA.J AND ADDING CHAPI'ER 5.09 TO THE MUNICIPAL CODE PURPOSE OF PROVIDING A PERMANENT PROCES DETERMINATION OF PUBLIC CONVENIENCE 0 CERTAIN ALCOHOLIC BEVERAGE LICENSES WHEREAS, the City Council has established a proce for the processing of requests for the determination of public convenience or necessity for certain types of alcoholic beverage licenses; and, WHEREAS, a duly verified application for a Municipal Code text amendment was initiated with the Planning Department of the City of Chula Vista on July 19, 1994 by the City of Chula Vista; and, WHEREAS, said application requests approval of an addition to the Municipal Code to provide a process for determining public convenience and necessity relating to certain alcoholic beverage licenses; and, WHEREAS, the Environmental Review Coordinator has determined that this proposal is exempt from environmental review under CEQA as a 15061(b)(3) (General Rule) exemption; and, WHEREAS, the City Clerk set the time and place for a hearing on said amendments to the Municipal Code, and notice of said hearing together with its purpose was given by its publication in a newspaper of general circulation in the City at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely March 18, 1997, in the Council Chambers, 276 Fourth Avenue, before the City Council and the hearing was thereafter closed. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby find, determine, and ordain as follows: SECTION I: That the public necessity, convenience, general welfare, and good zoning practice justify the amendments, and that the amendments are consistent with the City of Chula Vista General Plan. SECTION II: That Chapter 5 of the Chula Vista Municipal Code is amended to read as follows: 1 J ,-I "-.--.... '-"~-'--'-'----'----""--'-"" '-"-' Chapter 5.09 ALCOHOLIC BEVERAGE LICENSES Sections: 5.09.010 Determination of Public Convenience or Necessity - Purpose and Intent 5.09.020 Determination of Public Convenience or Necessity - Application _ Fee 5.09.030 Determination of Public Convenience or Necessity - Procedure _ Notice Required 5.09.040 Determination of Public Convenience or Necessity - Criteria for Consideration 5.09.050 Determination of Public Convenience or Necessity - Appeals 5.09.060 Determination of Public Convenience or Necessity - Appeals - City Clerk Duties 5.09.010 Determination of Public Convenience or Necessity - Purpose and Intent State law requires that applicants for certain types of alcoholic beverage licenses obtain from local jurisdictions a determination that public convenience or necessity is served by the issuance of said license if the subject premises is not located in an area which has an over concentration of alcoholic beverage licenses and/or a higher than average crime rate as defined in Section 23958.4 of the Business and Professions Code. Where the state Department of Alcoholic Beverage Control requires a determination of public convenience or necessity, the Chief of Police is authorized to consider and approve, disapprove, or modify applications for this determination. 5.09.020 Determination of Public Convenience or Necessity - Application - Fee Applications for a determination of public convenience or necessity shall be made to the Police Chief in writing on a form prescribed by the Police Chief and shall be accompanied by data sufficient to describe the proposed operations for which the alcoholic beverage license and the determination of public convenience or necessity is required. The application shall be accompanied by a deposit as presently designated, or as may in the future be amended, in the master fee schedule. 5.09.030 Determination of Public Convenience or Necessity - Procedure - Notice required The Chief of Police shall post (or shall require the applicant to post) a notice of the application on the premises which is the subject of the application. The Chief of Police shall 2 ~ ~-2 ---- --- -------.........---.--..-.-...--- further provide notice of the public hearing by mailing to property owners of record and residents within 500 ft. of the site which is the subject of the application. 5.09.040 Determination of Public Convenience or Necessity - Criteria for Consideration Upon the conclusion of the public hearing, the Chief of Police may make a determination that public convenience or necessity is or is not served by the issuance of an alcoholic beverage license. The Chief of Police may condition a determination of public convenience or necessity. This decision may be based upon, but not limited to, the following factors: A. History of the subject business and/or owner. B. Existing conditions at the site or in the vicinity (e.g. potential for creation of a police problem, or aggravation of an existing problem). C. The crime rate within the vicinity of the application. 5.09.050 Determination of Public Convenience or Necessity - Appeals The applicant or other interested party may appeal the decision of the Chief of Police to the City Council within ten days after said decision is filed with the city clerk. Said appeal shall be in writing and filed with the city clerk upon forms provided by the Police Department, and shall specify the reasons the appellant believes there was an error in the decision of the Chief of Police. If an appeal is filed within the time limit specified, it automatically stays proceedings in the matter until a determination is made by the City Council. 5.09.060 Determination of Public Convenience or Necessity - Appeals - City Clerk duties Upon the filing of the appeal, the city clerk shall Šet the matter for public hearing, giving the same notice as required in 5.09.030. The city clerk shall send the Chief of Police a duplicate copy of the appeal and request the Chief of Police to transmit to the city council a copy of his decision and findings, minutes of any hearings, and all other evidence, maps, papers, and exhibits upon which the Chief of Police made his decision. Upon the hearing of such appeal, the city council may, by resolution, affirm, reverse, or modify in whole or in part any determination of the Chief of Police. Not later than ten days following the adoption of said resolution, the city clerk shall transmit a copy of the resolution and fmdings to the Chief of Police, and shall mail a copy to the applicant. Presented by Approved as to form by Robert A. Leiter, Director of CA.r- ~~N. ~ John M. Kaheny, City Atto Y Planning 3 ~ ¿-~ ._.___ ··.···..·_··_____··____·_..·m·'___ ____________ _ ____ COUNCIL AGENDA STATEMENT Item: 7 Meeting Date: 3125197 ITEM TITLE: A. Ordinance cl-? t? t Repealing Section 15.36,160 of the Chula Vista Municipal Code Relating to Spill Control and Spill Containment of Flammable/Combustible Liquids. SUBMITTED BY: F;", Ch;eff+- ~ REVIEWED BY: City Manage~ ~ ~-? (4I5ths Vote: Yes_NolO During the 1991 Uniform Fire Code adoption process, Article 79 of the Fire Code was amended locally to include safeguards for flammable liquid overspill and containment. The 1994 Uniform Fire Code contains a change to Article 79 which now provides for better safeguards to prevent storage tank overfill situations, and provides for appropriately sized spill-containment devices. As this level of protection in the Fire Code is now greater than that which is contained in the Municipal Code, the Municipal Code amendment to Article 79 is no longer necessary. Crown Chemical Corporation has also submitted a written request to the Council for immediate relief from the Chula Vista requirement for overspill protection device capacities which exceed the capacity required in the Uniform Fire Code. RECOMMENDATION: Staff recommends that Council: 1.) Receive the Written Communication from Crown Chemical Corporation and advise Crown Chemical Corporation of the Council's action on this item; and 2.) Repeal Section 15.36.160 of the Municipal Code in favor of the provisions contained in Article 79 of the Uniform Fire Code (1994 Edition). BOARD/COMMISSION RECOMMENDATION: None. DISCUSSION: During the 1991 Uniform Fire Code adoption process, Article 79 of the Fire Code was amended via adoption of Section 15.36.160 of the Chula Vista Municipal Code (Attachment '1 ') to include a safeguard for flammable liquid overspill and containment, due to the absence of any specific requirements in the Fire Code at that time. This change was also contained in the 1995 adoption of the 1994 Uniform Fire Code. The safeguard language contained in the Chula Vista Code section requires a device designed with the basic function to contain 20 gallons of flammable liquid in the immediate area of the tank if the tank was filled beyond its capacity. Recognizing the need to publish and standardize requirements for overspill protection and containment, the 1994 Uniform Fire Code edition contains significant changes to Article 79 which now requires, among other things, that tanks may only be filled to a specific percentage of capacity (e,g, 90%, but depending on the type of tank) and that an automatic shut-off system be installed to activate at that level. Further, a minimum of a 5-gallon spill-containment device is required on all tank designs, with flexibility provided to the Fire Chief of each local jurisdiction to require greater containment capacities on a case-by-case basis. These additions to the Fire Code are adequate safeguards to prevent storage tank overfill/spill 7-/ . ._~_. __~._.__,___.. ________u'',_ ,_ ._. ·..___._d________.__~__~._.._,_.._.....__. Item: Meeting Date: 3/25/97 Page: 2. situations, and make the Municipal Code section amending the Fire Code unnecessary, and as is evidenced by recent experience, unnecessarily burdensome on local business applicants. Staff has recently been working on addressing this issue specifically, but in conjunction with other Fire Code amendments to the Municipal Code. Concurrently, Crown Chemical Corporation has submitted a written request (Attachment '2') for an immediate waiver of the Municipal Code requirements which would then allow them have their equipment fabricated in accordance with the Uniform Fire Code requirements, while Staff processes the proposed Ordinance repeal. According to the City Attorney, the language in the Ordinance does not permit the Council to waive the requirements of the Ordinance. In discussions with Crown Chemical, even though the immediate waiver is not apparently possible, action to begin the repeal process allows Crown Chemical sufficient flexibility to begin their process for fabrication different equipment. They have been advised, however, that any action they take at this point to fabricate devices which are inconsistent with current Code requirements is at their own risk. How would the repeal of the Municipal Code section affect businesses in Chula Vista? By repealing the Municipal Code section, the Uniform Fire Code provides a fully adequate set of regulations for tank overfill/spill design issues. In addition, the Fire Code always authorizes the Fire Chief or designee to require a greater level of protection as the individual situation dictates. Using the Fire Code as the basis for regulation provides a measure of consistency across the state and provides greater latitude for Fire Prevention and Safety staff to work with individual businesses to resolve issues on a case-by-case basis. Currently, the latitude does not exist for the Fire Chief to consider deviation from the Municipal Code should a situation warrant deviation. How would the older tanks fitted with the 2D-gallon overspill device be affected by the repeal of the Municipal Code Section? The tanks in Chula Vista which have been required to be fitted with 20-gallon overspill device, are tanks which do not have any other means of overfilllspill protection (they lack the new automatic shut- off features). These tanks would be required to maintain their current configuration until such time as the tanks would either be replaced completely, or retrofitted with the new control devices. FISCAL IMPACT: There is no direct fiscal impact of this action to the City. However, this action would create a more business-friendly, yet safe environment by allowing the Fire Chief/designee to review each installation on a case-by-case basis and by removing the financially burdensome specific requirements relating to installation of flammable/combustible liquid storage tanks. ?---;< ......... '.'_..,..u._.~.........._.__ _ . _ ._.__.._,..,___._,__.________..__.__.~ ORDINANCE NO. :J.. 7 ð ~ AN ORDINANCE OF THE CITY OF CHULA VISTA REPEALING SECTION 15.36.160 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO SPILL CONTROL AND SPILL CONTAINMENT OF FLAMMABLE/COMBUSTIBLE LIQUIDS WHEREAS, during the 1991 Uniform Fire Code adoption process, Article 79 of the Fire Code was amended locally to include safeguards for flammable liquid overspill and containment; and WHEREAS, the 1994 Uniform Fire Code contains a change to Article 79 which now provides for better safeguards to prevent storage tank overfill situations, and provides for appropriately sixed spill-containment devices; and WHEREAS, as this level of protection in the Fire Code is now greater than that which is contained in the Municipal Code, the Municipal Code amendment to Article 79 is no longer necessary and staff recommends its repeal. The City Council of the city of Chula Vista does hereby ordain as follows: SECTION I: That Section 15.36.160 of the Chula Vista Municipal Code is hereby repealed: 15.31.110 Fl---a~l. aD. g.~U8~i~1. ~iQUi.. spill geat~81, D~aiBa,. geBt~el aD" S8eeB4a~y ÐeBtaiameBt B.etieD 7901.8.2 Spill eeBt~e1 is am8B484. Ar~iele 79 Flammahle aRà aemS~a~isle Li~ids ~ee~ieH 7991.8.2 (~pill Oeft~rel, Ð:raiHa§e Gentrel aßå. £eeeJuiary Ceß~ailHlleR'E) af hr'tiele 79 (FlammaBle aßå. Oamèaatihle Liqtiiàe) af 'the YFG, aa i~ applies iR 'Ehe Gi'ty af Ghula ~is'Ea, is heresy a_aDded 'te iRelaàe a lae~ seß'E~Ree 'ta read as felle~al A 29 ~alleß miRimam e~erspill àe~iee is re~aireà 8ft all Slass I SF' II 1::tRderEjre\:1ßå. BY as eve Ejrsußå flammasle liffUià 'taß]Es. SECTION II: This ordinance shall take effect and be in full force on the thirtieth day from and after its second reading and adoption. Presented by Approved as to form by (fa~/Â ~o.v-~v~ James B. Hardiman, Fire Chief Jo~n. Kaheny, c&ty Atto ne C:\r8\apill.con 7-;1 ,_.......,_.__._....,_...~_._--_....- 15.36.160 Flammable and Combustible Liquids - Spill Control, Drainage Control and Secondary Containment - Section 7901.8.2 Spill control is 8Dlended. Article 79 Flammable and Combustible Liquids Section 7901.8.2 (Spill Control, Drainage Control and Secondary Containment) of Article 79 (Flammable and Combustible Liquids) of the UFC, as it applies in the City of Chula Vista, is hereby amended to include a last sentence to read as follows: A 20 gallon minimum overspill device is required on all Class I or II underground or above ground flammable liquid tanks. (Ord 2643 §1 (part), 1995). 15.36.170 Hazardous Materials - Identificatioo Signs - Section 8001.7 8Dlended. Article 80 . Hazardous Materials Section 8001.7 Identification Signs of Article 80 of the UFC, as it applies in the City of Chula Vista is hereby amended to read as follows; all other provisions and exceptions of said section to remain the same as in the UFC: Visible hazard identificatioo signs as specified in the Uniform Fire Code Standard No. 79.3 shall be placed at entrances to locations where hazardous materials are stored, dispensed or handled. Signs shall be provided at specific entrances designated by the Chief. Identification signs shall cooform to NFPA 704. (Ord 2643 §1 (part), 1995). 15.36.180 High-Piled Combustible Storage· Pallet Storage· Section 8105 added. A new section to be numbered and tilled "Section 8105. Storage of Empty Wooden or Plastic Pallets" is hereby added to Article 81 ("High-Piled Combustible Storage") of the UFC, as it applies in the City of Chula Vista, which Section shall read as follows: Section 8105 . Storage of Empty Wooden or Plastic Pallets. (a) Outdoor Storage. Pallets shall be stored outside of a bu.ilding or in a detached bu.ilding whenever possible. Pallets shall not be stacked closer than 5 feel from the bu.ilding. (b) Indoor Storage· Pallets when stored indoors shall be protected with fire sprinklers in accordance with NFPA Standard 231, Table 4-4.1.1 unless both of the following conditions are met: 1. Pallets are stored no higher than 6 feet. 2. Each pallet pile of no more than 4 stacks shall be separated from other pallet piles by at least 8 feet of clear space or 25 feet of commodity. (Ord 2643 §1 (part), 1995). (R 12/95) 890-2 ?-y A~~cÌ1W\tVl+ I .---. _m ö ...-.., ¡-. ,....... '/1.1"- f ~ '-1 ,..-, /, ,.-, 1'.' ,'~ ,'-"" -.,...... ,,-... ~, -. I H' ¡I 1\ I , 1<-,:,11, ", ,- .-- ..,..... "'-./ ~/ t V \r V l 1'- j ,-I J L-' ...,1-\ l- 1..-.' \_j I '; ,':': -, '". ¡ \ 1BBB Nirvana Avenue, Chula Vista, CA91911 (619) 421·6601 Fax (619) 421-1127 March II, 1997 To Whom It May Concern: To City Counsel City ofChula Vista: To Fire Marshall City ofChula Vista: Crown Chemical Corporation is a lube oil and chemical distribution company doing business at 1888 Nirvana Avenue in the City ofChula Vista since January 1980. We have a warehouse, office space and tank storage, both above ground and below ground. Weare in the process of removing our underground tanks and will replace them with fully contained tanks and pipe systems, keeping within the current guidelines of the EPA, Department of Health Services and the Unifonn Fire Code wlllch governs the requirements for underground/storage tanks. We will comply with all requirements upon installation. Upon review of all requirements, we have come upon a unique requirement of the City of Chula Vista pertaining to the over-spill protection. The City of Chula Vista has passed an ordinance requiring the over-spill protection/containment box be constructed to contain 20 gallons of over-spill. (Attachment A) The Unifonn Fire Code Standard is 5-7 gallon over-spill box. (U.F.C. 94 Section 79) (Note: that Chula Vista is the only city in the county with this requirement) We feel that this is going to create a burden to our installation. The oversized box required would have to be special constructed, adding over $500.00 per box for a total of $7,000 for the boxes alone. The oversized box would take up the majority of the space available in the sump riser (Attachment B), disallowing us to put a vapor return system in as needed, the space needed to have available for future service of other valves and monitor equipment in the sump riser. The extra service/time required would be four times the nonnal allotted time, again adding future extra cost. Disregarding these cost factors, we also feel it to be an additional risk, and unsafe to have the space for 20 gallons versus 5 gallons. The possible exposure to four times the material, four times the vapor would make it more of a hazard than a 5 gallon box. Crown Chemical operates it's facility under the requirements of the EPA. Bulk storage facilities must have a spill prevention control countenneasure plan in effect which contains training, procedures and policies to guard against spills, disallowing the potential of a spill. I. All bulk materials are delivered during daylight hours and supervised unloading is by our personnel only - not the delivery company unlike gasoline deliveries at all hours and only by the truck driver. They are also trained to take extreme caution. The reports of over-spill at service stations is near zero to our knowledge and our operation would have additional care, supervision, and full yard containment to prevent product from getting off of our facility. 7-~ Oo'*!'~.s..-.~ 50 " (,r ",f.' // ~ ~, c. L / MaJ"rnt.t1f- '2 ( (/,((";' , ^-------_.~-----~ - -.-."- -...- Page 2 2. 75% of all deliveries are by Crown Chemical personnel, trained and supervised. Using our tank trucklbulk S.O.P. 204 procedures. 25% by tank truck companies trained to avoid spills. Still our employees are the only persons to connect and disconnect a tank truck - following our S.O.P. 204. (Attachment C) 3. The storage tanks will have over-spill prevention alanns installed in the new tanks, allowing only 95% of the tank to accept product prior to an alann sounding. (Attachment D-l and D-2) 4. The facility when designed in 1980, is such that the area of off-loading all bulk trucks is graded so any and all spilled liquids are contained in a containment area. The containment area is capable of holding our 20,000 gallons of liquid, the largest single compartment of a delivery truck would be 4,500 gallons. 5. We would receive on the average of one truck-load per day that would go into the underground tanks. With all of the above we submit that, the unloading precautions, supervision policy and procedures allow us to operate in the safest of fashion, with the facility containment and over-spill alanns disallowing the tank to be filled to maximwn capacity. We still have the option to pwnping the tank to a lower level if a delivery is made that would exceed the capacity of the tank. We request that the City of Chula Vista grant Crown Chemical a waiver to this ordinance and allow us to install a 5 gallon over-spill containment box so as to operate in a less risky manner and help prevent a possible hazard to any first response team to our facility if the need arise. We have requested the fire department to research this for us. I am sure you will find that they too would agree that the 5 gallon would be safer than a 20 gallon containment, and that the off-load procedures we enforce are extra steps taken to assure that a spill will be avoided.. Sincerely, -¡tIlT Bob Mago n Vice President-Operations BM:amt Enclosure 7---? ___ _______,_.___....___.__~"~m__..____.__ r . '. .0(.'>"',.'" . ~ .~. ~E'~' : ..... ~~,::':.,. ........ 8 '~~~. t,W". ~ :¿ ';;.N .. €'~ . i,: ~ . LL .-..,.... f- ~)r !J: 'I'" . >- , (JJ B 10 ~ ",' cr: c5 0 '. z '"' f- a z '.' .;- U ::¡ Z !:., a. 0--:- :J 0 wa. 0 N ~.Ë u :2 0 "- ~~ ~ . < J: c;¡j 0:", N ~ t·, "- II - l ~'r, I¡ :¿ :1 " ::::J , I (JJ . .; ~ ,;. ,: >. -1 -I -1 :1.: LL <'-I '. J ~ -1 " ,'. -1 ' . - ~I.; 0... "''' i I (JJ 10'"' 0 N , . Z , ~ , , , , , I q ~~ - ~i èD, g! I 0 I 10 .~ "' ':::'1., -.J ; ~I ~ I <t 3;!, 01' wi >-lli , I , \ I :;'11 OJ 'Z ~IIL ,J .:¡. ~ 9 I' Z .'é: ~ Z 0 .. u ..s 6,- '1'.., ..D .C ..... ,1.!< , ,1./1 ~ ~'" .~, ~ ~ .-- .... ~~- ----.~._.,.:-. .~"" m. - -~=--,._." ._-,="""-- ''''7''- ? ~- -,,---- ATIACHMENI B 511 d16-3 20 gaL ~ I I I - ; ^..........~ /' to I Î' t ' v : (> I ,~......... /0 ' t I., V "'I V ^' ;: :.'.., .,·.'.V.\I"V~ 'Y1¢"óV"ov"I"AC" ¢-"o ~ Ó ¢ ó'¢'Jo" o G' ~ vi? <> ; ó ~ Q ~ ,. v,¢ v <> ~\\ I:; 0 Ó Y 0, ¢ t, ' r. ! .' v 'Î 'y .,.\ ( 0Y!' f,' . "\ i t> ~'.,.., i,." . <> . .. ,. Qr 1 ,,~ ('\ ., , I , t ' 'Î Q '( I' t . ,)1 <> i) I \ I (i "I' --- I, I . ¡ . ¢ \ ¡ " ': \) Ii\, 1 I f . ." \:> '.... /' Q !} ;' \ '? -..... -f.)' ' '() () ____ I -1'" '. '. ., ;> é. i \, ? ¢' ~ (1 ~ v 0 Q ¢\ v ('; : ~ t;> n I <> I)~!Î I> I ò \ç, r! "I) O'IO;V ,0 G o~')f \\i)"'I}~"Ç ",O.,V.Q\;X' / , " ',I v ý';",/, ' . (> ^ " ^ ^ I' I t\ " '("'A'OV 'I' , ", , , 'i ¡ '.1 (} <> ' '\.".0 (¡ ,).j Ó (1'\ .11 .) ~'.-zl·? ç ~<> .j . { Ó .:. °t' ò/V' ~qoqe ¡JOn r,ole , ,'\ ^ ¢ /\ ./" ....... ~~' <> <>'- - 'i;0te I" rnì~, clearance ¡ , ¡''' openino ". S" ¡Iable ......h··· _I- .... t::" . '.~_~ ·..._l V e \ I , I I I I ppe drain I o 20 qed, bucket r'<) i ~ I I 33" rÎser ~ i 7-r ~~lJLt1.c:tl~A_~ 7 _ ____ ATI'AC»IENr C SOP204 CROWN CHEMICAL CORPORATION TANK TRUCK UNLOADING PROCEDURE ------------------------------------------------------------------------- ------------------------------------------------------------------------- 1. SPOT TRUCK AND ATTACH GROUNDING CABLE. 2. MATCH CROWN PURCHASE ORDER TO SUPPLIER BILL OF LADING. (PAY PARTICULAR ATTENTION TO PERCENTAGES AND GRADES, EXAMPLE 50% VERSES 45%, VAPOR DE GREASING GRADE VERSES TECHNICAL GRADE.). IF THERE ARE ANY DISCREPANCIES DO NOT UNLOAD, CONTACT YOUR SUPERVISOR FOR INSTRUCTIONS. 3. GAUGE COMPARTMENTS AND COMPARE TO BILL OF LADING. IF THERE IS A VARIANCE OF MORE THAN 2% PLUS OR MINUS CONTACT YOUR SUPERVISOR FOR INSTRUCTIONS, RECORD COMPARTMENTS GAUGING ON OUR PURCHASE ORDER AND INiTIAL UPPER LEFT HAND CORNER OF BILL OF LADiNG. 4. OPEN DOME COVERS TO ALLOW VENTING. 5. PULL RETAIN SAMPLES. (REFER TO SAMPLING PROCEDURE) BRiNG TO LAB FOR APPROVAL 6. GAUGE STORAGE TANK, MAKE SURE THERE IS ENOUGH ROOM FOR PRODUCT. 7. AFTER LAB APPROVAL HOOK-UP HOSES TO APPROPRIATE TANK OR TRANSFER LINE. 8. DOUBLE CHECK HOOK-UP, IF DRUMMING MAKE SURE OPERATOR IS READY. 9. OPEN INTERNAL THEN EXTERNAL VALVE AND CHECK SYSTEM FOR LEAKS. 10. MAKE SURE SOMEONE IS ATTENDING THE TRUCK AT ALL TIMES WHILE UNLOADING. 11. WHEN COMPARTMENT is EMPTY DOUBLE CHECK COMPARTMENT VISUALLY THEN WALK AND DRAIN HOSES AND RETURN THEM TO THE STORAGE RACK. 12. GAUGE STORAGE TANK AND/OR COUNT DRUMS FILLED INCLUDING GALLONS IN PARTIAL AND RECORD ON OUR PURCHASE ORDER. 13. EMPTY DRIP BUCKETS INTO APPROPRIATE CONTAINERS AND MAKE SURE OUTLET VALVES ARE CLOSED AND DUST CAPS ARE IN PLACE. 14. SIGN BILL OF LADING AND RELEASE DRIVER. SOP204 7~/ REVISED 9-13-93 --.-- W" ,..___._u --,-_._.._-~- ATTACHMENT D-l .. '.''-' 'c . ::îf#'-j"'~-:.>·i:::¡;~:.:....;;·~::::...,,-··-\·· ~,~ . iQ;:{ALARM ACKNOWLEDGE UNIT ,¡¡::J.., ."""" Me; DESCRIPTION )l TANK OVERFILL ALARM ,~,. ':~, . '. The TS-RK is an remote alarm control unit for use with all í Tank Sentinel@ Automatic Tank Gauge and Tank Monitor systems which are equipped with remote alann annllncialOrs. ACKNOWLEDGE , It adds the convenience of remote alarm silencing to the t Tank Sentinel@system. The TS-RK latches the TS-RA I or ¡ TS-RA2 audible and visible alarm units in the active state i when an alarm occurs. You can then silence (unlatch) them .".~ .. , . , - -'_::'~~:f 'i~' "!-,, ~..." . " by pressing the ACKNOWLEDGE button on the TS-RK. . ~~ j;' . "-',' "-."....! :üe"X1f ':'I(" - ;" ',' ::,,),'- ·t .:.<,. -t" ¿:';-!'~" <:~, {~,.. .: ·¡'.f"·' "êM0DEl T5'AA'':.'>.<'" , ~~Jq /.:'..... ·,'.'>:;.~t~~f:·.-~ f~.t~ The TS-RK alarm acknowledge unit is typically used with '1I~ICDNI:~'ij(~Ù;\!'_' ~, - ,. ".' ~:"~::;''="-f.~:~'::.:;ft~'~(-·-· ,,' the TS-RA I or TS-RA2, which provide a tank overfill alann as required by federal, state, and local regulations. ~. ',- J , ~. )~~_." ", -...."..=...... . The TS-RK is housed in a rugged nonmetallic NEMA 4X weatherproof enclosure and is intended for indoor or outdoor applications. '0 APPLICATION The TS-RK may be placed in any convenient location I 4,92 I within 1000 feet of the A TG console and TS-RA 1 or TS-RA2 alarm unit. When used as part of an overfill alarm system it is typically mounted outdoors near the tanks in a @¿ TANK OVERFILL ALARM ~ location which allows convenient access for personnel. Thc TS-RK, TS-RA I, and TS-RA2 operate directly from 110 V AC line power which is switched by the system ACKNOWLEDGE console's relay output. All wiring should be installed in 0 conduits, and must be completely separated from probe and sensor circuits. Type THHN, TFFN, or THWN wire, 4.92 1 H A WG or larger, is recommended for all wiring. MODEL TS-RK ~ .cONI ~ IH'("'''''''_'_'''''' ..,-...,.....-- __....'11I:0<111 ~ ORDER PART NUMBER: TS-RK 7,-/tJ _.__..__..__. .~.._._..__.._......_.____u _______ - ATIACHMENT D-2 _,., ...."....~(.,.,. ."....",'" , ,·c.,Þ..,., , . - -"!"~'~~b''''i~'ï<'- - ",,¡-,,.,&;!,,;,,,,_,,,~·.;,'f;~" .i;þ:~~,-,,, ,,'--- ";j.¡3>"!~~"'_f" :", . '. "~?i'+\i!~~7m~~.n~~~'ê'~iBJ::~'>~'¡¡: ' " ,:;,¥,:5g:~f~;'~.:¡;¿ ;~,1TAWKSENTINEl. ®,:1; '¡~''$fø:; . <.,:,. .,,;.. li~~~::,;,:Ü~L:.,'·,'~' . ..~::~,¡:~ REMOTE ALARM UNIT DESCRIPTION The TS-RA2 is a remote audible and visible alarm unit for us.: with all Tank Sentinel® Automatic Tank Gauge and Tank MonitorConsoles. It features a pulsating strobe light and high intensity electro-mechanical buzzer to warn of abml conditions. The TS-RA2 may be used as an overfill alarm as required by federal, state, and local regulations, or as a general purpose remOle alarm annunciator. It can be us<d with or without the companion TS-RK remote ac- knowledge unit 10 provide a choice of alarm silencing schemes. BOIh are housed in rugged nonmetallic NEMA -1X weatherproof enclosures. The TS-RA2 is intended ror outdoor applications where a high intensity audible alarm is required. II produces a sound level of 95 dB at 10 feet 0 and has a useful range or over 200 fect. In areas wherc a high sound level would be objectionable, the TS-RA I should be used rather than the TS-RA2. APPLICATION The TS-RA2 may be placed in any convenient location 5,00 within 1000 feet of the A TG console where it may be seen and heard. When used as an overfill alarm it is typically 4,13 mounted outdoors near the wnks. The TS-RA2 operates directly from II () V AC line power which is switched by the A TG console and tbeTS-RK acknowledge unit. All wiring TANK OVERFILL ALARM should be installed in conduits, and must be completely separated from probe and sensor circuits. Type THHN, ~~I WOOEL lS-RA2 TFFN, or THWN wire, 18 A WG or larger, is recom- mended for all wiring. @ @ The Tank Sentinel'" console can be programmed to activate the TS-RA2 alarm in response to any type or ,lIarm in the a system. When used with the TS-RK the TS-RA2 may be silenced by depressing thc ACKNOWLEDGE button on the TS-RK. When the TS-RA2 is used without the TS-RK, it is silenced by pressing the ACK bUllon on the console's keypad, ~ @ @ 7-// 0.25 DIA ORDER PART NUMBER: TS-RA2 (2) HOLES __'___.._,k.,.,._.______~__ ---.,-..- , I . ;;'·j;t'f,;.~, ' . C I -L --- __11- . .. ; . . . '~<, Iiíi ., .. . ' .... >:~" . ;...Jï@'" .: ' "--~~F:~ r::~ 'I iii , ,; lilt ,':::.;" .,,~~, . . II ¡' . __...-l' . , <eÞ.... _ . '," ..., ,\ ~---... , '7' '-"". - ' . .,._.0."_',"," -". " u ,- . , '- rJ'~:';1 ' ;¿: ~:~4·. : i 1111 ,"_. .~1"">· I '-..'.'-~ , ',_.'_._ _ ',; _' ., . ''', . ~ ~-,- . . -~:::- '.~:-:~' -. -, . ... . /'. ~"" ...... - - " o ... , ... '~, ~". - '~--..¢-- ~ ___ r~"~"', \ .¡J~'.- . COM~~ ",,-; " -' / ~ , \1U\1\il\P S, r - _. " 'I!~"¡ t\~·\\~~~\#l ~ll \)\) \'." ''',' ""~f.: ,,,. P. L ~O~4 !'~! OÚ8~,o'oo I o ·Cl'~....~' t' II' r' ,i-' .j'~' ,~' slp-,' ~',Jí' if' ¡z ~' :"r The ~/""" ATI:~ E .. . ,. IU~ j iJ¡:¡:~:-,o; ; p.~ I '- Joor so/uti to Secondar J Piping Containment COUNCIL AGENDA STATEMENT Item: ~ Meeting Date: 3/25/97 ITEM TITLE: Resolution /7ttJ 7 Approving a Contractual Agreement with Jeff Katz Architecture for Architectural Services Associated with the Relocation Construction of Chula Vista Fire Station #4, and Appropriating Funds therefor. SUBMITTED BY: Fire chiefy1/- ~ REVIEWED BY: City Manager JQ ~ fl (4/5ths Vote: Yes -1LNo_> Council-approved Capital Improvement Project #PS-120 provides for the relocation and construction of Fire Station #4 from its current location at 861 Otay Lakes Road to the current Fire Training Tower site at the corner of East 'H' Street and Paseo Ranchero in the Rancho del Rey development. With the construction of the Fire Staion tentatively scheduled for the Winter and Spring of 1998 based on existing agreements with The McMillin Companies to advance funding for the project in February, 1998, a Request for Proposal was issued for architectural services to commence in the Spring of 1997. Over the past few months staff has carefully administered an architect selection process, following the City's consultant selection process as outlined in the Municipal Code. As no funds for this CIP have currently been appropriated, an appropriation from the Fire Development Impact Fee Fund is needed for architectural design until McMillin's funds are advanced. RECOMMENDATION: That Council adopt the resolution approving the agreement for architectural services for the construction of Fire Station #4 to Jeff Katz Architecture, and appropriate funds therefor. BOARDS/COMMISSIONS RECOMMENDATION: None DISCUSSION: Background Capital Improvement Project #PS-120 provides for the relocation and construction of Fire Station #4 from its current location at 861 Otay Lakes Road to the current Fire Training Tower site at the corner of East 'H' Street and Paseo Ranchero in the Rancho del Rey development. In 1995, an agreement was negotiated with The McMillin Companies to advance the funds necessary for the construction of the facility, scheduled to commence in the Winter of 1998. The funds are to be deposited by McMillin on 2/1/98. Architect Selection Process In the City's Purchasing System Ordinance of the Municipal Code, Section 2.56.220, entitled "Exception-Selection of Architectural, engineering, environmental, land surveying and construction project management professional services and other professional consultant services," outlines the general procedures to be followed: <¡r-/ ___..__m___...-_. ____ --_.-.. --~---- Item: Meeting Date: 3/25/97 Page: 2. All contracts for professional consulting services shall be negotiated on the basis of demonstrated competence and professional qualifications for the services required, and at fair and reasonable fees. If the estimated cost of such services exceeds $25,000, it shall be awarded by the City Council, after compliance with the procedures specified therefor. If fees are estimated to be $25,000 or more, the City Manager shall appoint a three or five member Selection Committee. The Selection Committee shall choose a minimum of three interested firms for personal interviews to discuss anticipated concepts and the relative utility of alternative methods of approach for furnishing the required services. The Selection Committee shall evaluate and rank the firms based upon criteria established in advance by the City. A list containing the ranking information will be sent to the responsible department head. The responsible department head shall negotiate a contract with the firm ranked No. 1 by the Selection Committee at a price determined to be fair and reasonable to the City. The agreement shall define the conditions of the contract scope, work plan and schedule, costs, fee, method of payment, duration, insurance, and indemnification. If the department head is unable to negotiate a satisfactory contract with the first ranked firm, negotiations shall be formally terminated. The department head shall then undertake negotiations with the second ranked firm. This process shall continue until a satisfactory contract is negotiated. Using examples of other Requests for Proposals (RFP) from both the City of Chula Vista and other public agencies, an RFP for this project was written (ATTACHMENT A). It included a project description, described the site at East 'H' Street and Paseo Ranchero, as well as noting the proposed project schedule. There was also an abbreviated scope of work which indicated that the selected firm would be using the existing Fire Station #2 general design as the model for the new Station #4. Additionally, the RFP required a response to a number of items, including: 1. Listing three (3) similar types of contracts or projects successfully completed by the firm. 2. Providing photos, renderings, etc., of recently completed projects. 3. Selecting and describing one local similar project in detail that the selection committee may visit to further evaluate the proposal. 4. A listing of projects and references which may be contacted. ?r~.J- ·_"_··_···~····_··___·_·._.·n___.. _ ________________._.__.._ --.- Item: Meeting Date: 3/25/97 Page: 3. 5. A description of the design team, anticipated support personnel to be employed on the project, and their qualifications as related to this project, (Le. architect, landscape architect, engineers, etc.). 6. Amount of staff time by key personnel for each consultant to be expended for each phase. 7. A description and percentage of work to be performed by specific subconsultants, (Le. mechanical, electrical, and structural engineering firms). 8. A detailed breakdown of the total scope of services with proposed fee structure and desired method of payment. 9. Separation of charges into the following categories: A. Concept Design B. Final Design C. Construction Documents at 50%, 90%, and 100% D. Construction Observation E. "As-Built" Plan Preparation Finally, it was indicated that all of the information provided by the firms would be used as a basis for evaluation in addition to the firm's related experience, business reputation, capacity/ability to provide the services, and a formal oral interview. The firms were also advised that execution of an agreement with the selected firm would be subject to negotiation. Before issuing the RFP, it was reviewed by the City Attorney's Office, the City's Purchasing Agent, the City's Landscape Architect, and Public Works Department staff. The Request for Proposals was issued in early October, 1996 and advertised in the Star-News. Additionally, staff contacted the local American Institute of Architects (AlA) chapter here in San Diego for a mailing list of firms which are involved in related work. Consequently, knowledge of the proposed project was fairly widespread in San Diego and Orange Counties, and resulted in thirty- three RFP's being issued. By the published deadline, ten firms responded to the RFP. During the time that the RFP was "on the street", the City Manager appointed an Architect's Selection Committee as required in the Municipal Code. The five members were: Jon Rice Battalion Chief, Chula Vista Fire Department. Extensive experience with the needs of the Fire Department as well as experience with previous Fire construction projects. Roberto Saucedo Senior Civil Engineer, City of Chula Vista. Extensive experience with construction, engineering and has served on previous architect selection committees. 25» --_.._..~---_._--~---_._~----_._-~- --- Item: Meeting Date: 3/25/97 Page: 4. Dawn Herring Budget Manager, City of Chula Vista. Executive representative from the City Manager's Office. Highly valuable experience in consultant selection for the City, and has served on various selection committees, Excellent "big-picture"- perspective manager. Pam Buchan Principal Community Development Specialist. Broad experience with previous architect selections and developers. Monsignor Richard Duncanson Member, City of Chula Vista Design Review Board. Extensive and highly valuable experience with architectural design issues in the City and with major construction projects for the Catholic Church in the San Diego area. The Committee members were provided with individual copies of each one of the responses. They met as a group to discuss and agree to the evaluation sheets to be used (ATTACHMENT B) during the initial review. After reading the responses, each member was charged with rating the response on: Firm's history and resource capability Evaluation of assigned personnel including sub-contractors Related experience per design services, fire stations and other public buildings Budget, cost controls experience and results Analysis of items requiring response in the RFP General structure of the Fee Schedule After scoring the ten responses, six firms were invited for oral interviews. They were (in no particular order): 1. Robbins, Jorgensen and Christopher 2. Jeff Katz Architecture 3. Roesling Nakamura 4. Daniel E. Clark and Associates 5. Dominy and Associates 6. Nicoloff and Associates Prior to the interviews, the Committee met to determine the questions to be asked (ATTACHMENT C) and to develop the Interview Score Sheet (ATTACHMENT D). The questions focused on issues such as experience in designing public buildings and fire stations, experience in blending the various needs of the "stakeholders' (firefighters, maintenance personnel, neighborhood groups, design review, McMillin, etc.), and actions to be taken to control costs, quality of construction, and protect the City's interests. The Score Sheet related directly to the questions, and reminded Committee 8"/t( ._----.. - -.---.----.,-,-- -----..---.---- Item: Meeting Date: 3/25/97 Page: 5. members to look at listening skills, related work experience, technical/professional skills, grasp of the project and attention to detail, and cost control mechanisms and fiscal responsibility. On December 19, 1996, the Committee conducted six oral interviews with the selected firms. Each firm was informed in advance by letter that they would have ten minutes for a presentation of the firm's experience or ideas relevant to the project as described in the RFP. Then approximately thirty-five minutes would be spent on the formal interview questions. At the conclusion of the interviews, the Committee ranked the firms (100 points maximum). Shown below are the six firms responsive to the RFP, their Adjusted Fee Quote·, their initial score and the oral interview score. FIRM NAME ADJUSTED INITIALSCORE INTERVIEW SCORE FEE QUOTE· (RANK) (RANK) Robbins, Jorgensen &Christopher $161,000 98.0 {1} 64.8 {6} Dominy & Associates $63,400 80.0 {4} 75.8 {4} D. E. Clark $92,000 86.0 {3} 75.3 {5} Nicoloff & Associates $50,750 86.0 (3) 80.5 {3} Roesling Nakamura $84,750 86.0 {3} 93.5 (2) . The Scope of Work in the City's RFP was purposefully not completely defined. This lack of clarity required the responding firms to make some assumptions regarding the extent of the City's responsibilities versus the Consultant's responsibilities (such as the availability of current soil compaction reports on the site, and the extent to which grading plans would be required). Therefore, in order to accurately determine the range of potential costs for the design services (for budgeting purposes only) the bids had to normalized to include the same aspects of the scope of work for each firm. Following the interviews, Jeff Katz Architecture's references were checked by the Fire Department staff. They proved to be excellent. As a result of the first place ranking of Jeff Katz Architecture on the oral interview and the high ranking on the initial review based on the above criteria, and coupled with the firm's outstanding references, the Committee unanimously agreed to recommend that the City open formal negotiations with Jeff Katz, Architecture. The Firm of Jeff Katz Architecture Jeff Katz Architecture maintains their office in San Diego and is a full service architectural, planning and construction management firm. The Principal Architect is Jeff Katz, AlA, and has ?)r5 __ '... .._.._..._ ..". '"_···_~·__·_·______·w__···_·_ ,_ ._, ._.__._____.__.__,__ Item: Meeting Date: 3/25/97 Page: 6. many years of experience working on public and private sector projects including San Miguel Consolidated Fire Protection District, City of La Mesa Fire Department, City of San Diego Fire Department, City of Banning Fire Department, Sea World, United States Postal Service, Logan Heights Family Health Center, and Hewlett Packard. Fee and ScoDe of Work Negotiations From the beginning, it was made very clear to the potential consultant that funds are very tight for this project and that the City is doing everything possible to control costs, while designing and building a fully functional and maintainable building acceptable to the needs of the Fire Department and the Public Works Department. Basic fees for architectural services generally are set as a percentage of the construction cost of the building, and typically range from 9% to 12%. At an estimated cost of $125 per square foot to build this proposed 4,000 square foot building, the project is estimated to cost in the neighborhood of $500,000. Using the 9-12% range, basic fees could range from $45,000 to $60,000 depending on the negotiated scope of work, quality of subconsultants used for civil engineering, structural engineering, plumbing, electrical, and mechanical engineering, and the incidental/reimbursable cost scope. Several meetings were held with the potential consultant to define the specific scope of work, eligible reimburseables and incidental design costs and to review the team of consultants he proposed to bring with him to complete the project. The scope of work generally defined in the RFP was clarified, relieving the architect of the responsibility for the topographic survey and bid- set printing, and reducing the landscape scope of work, allowing the architect to adjust his assumptions in these areas. These items, combined with the City's commitment to give very clear direction for design features following meetings with the "stakeholder" groups, afforded the architect the ability to reduce the quote for services significantly. The firm's fees were ultimately negotiated at a fixed $52.000 plus any costs for printing and reproduction that the City is not able to provide. The Agreement The proposed Agreement (Attachment 'E') with Jeff Katz Architecture uses the City's standard 2- party agreement, and incorporates many of the provisions contained in the agreement for architectural services for the highly successful South Chula Vista Library project. The Agreement defines the Architect's general responsibilities; the scope of work to include design and preparation of drawings, specifications and other required documents; construction administration, preparation of as-built drawings; fees; and relationships with the City and future general contractor. The Agreement with the architect provides for total compensation for basic services in the amount of $52.000, with any additional services requested in writing by the City, and any eligible printing costs to be paid in addition to that fixed fee. From past experience, Staff anticipates that these additional costs, and other design phase-related costs which are the City's typical responsibility such as title reports, topographic surveys, and the printing of the bid documents, are estimated to ?r~ --.....-+--.----,--. " ---_._----,---- ------ Item: Meeting Date: 3125197 Page: 7. cost approximately $8,000 as follows: *Title Report $ 500 *Surveying $2,000 *Printing of plans, specs $2,000 *Additional Consultant Services $3,000 *Miscellaneous $ 500 Total $8,000 FISCAL IMPACT: The Agreement with McMillin provides for their advancement of architectural design and construction cost monies to the City (approximately $612,000, adjusted for inflation) in February, 1998 dollars. Sufficient funds exist in fund 806 (Fire DIF) to advance funds to Account #806- 8060-PS120 in the amount of $60,000 for the architectural design services ($52.000) and related anticipated design chase costs ($8,000) which are the subiect of this Council action, until such time as the additional funds are advanced bv McMillin in February. 1998. ~, ? --- .-.--- ----^ -.--..--..-.--.- ""'-~-'--"'-''''--------'---'-- REFERENCE: Reqµest for Proposal !RFP)' Chula Vista Fire Dcwartment Fire Station #4 The City of Chula Vista is currently seeking proposals from qualified architectural firms for the preparation of a design, plans, specifications, cost estimates, construction assistance, and any other project-specific work for a new fire station (relocation of Fire Station #4) in Chula Vista, California. The project is located in the Rancho del Rey development in eastern Chula Vista, at the northwest corner of Paseo Ranchero and East'H' Street, adjacent to the Department's existing Fire Training Tower. The site is dedicated and has been graded, and is to accommodate a 4,000 square foot, 2-apparatus bay, four-person facility. Proposed completion of the facility is Spring of 1998. The current Fire Station #4 is located at 861 Otay Lakes Road in Chula Vista. Interested parties are requested to submit six copies of the completed proposal as described in the RFP and specifically detail experience of the firm's staff in construction of this type. It is understood that the contract amount will be based on fmal scope of work. However, the information furnished will be utilized in the initial evaluation of your firm's ability to complete this project within the time and fmancial constraints placed on the project. Copies of the RFP are available between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday at the Chula Vista Fire Department (business office) located at 447 'F' Street, Chula Vista. Send completed proposals to the attention of: James B. Hardiman, Fire Chief Chula V ista Fire Department 447 'F' Street Chula Vista, CA 91910 No proposals will he accented after 4:00 D.m. on October 25. 1996. Questions may be directed to Dan Beintema, at (619) 691-5277. (f--~ , I Mad'lWl·e.nt It _.___.._._____.~_~_____u RESOLUTION NO. j8"j,¿1l RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONTRACTUAL AGREEMENT WITH JEFF KATZ ARCHITECTURE FOR ARCHITECTURAL SERVICES ASSOCIATED WITH THE RELOCATION CONSTRUCTION OF CHULA VISTA FIRE STATION #4, AND APPROPRIATING FUNDS THEREFOR WHEREAS, Council-approved Capital Improvement Project #PS-120 provides for the relocation and construction of Fire Station #4 from its current location at 861 Otay Lakes Road to the current Fire Training Tower site at the corner of East "H" Street and Paseo Ranchero in the Rancho del Rey development; and WHEREAS, with the construction of the Fire station tentatively scheduled for the winter and Spring of 1998 based on existing agreements with The McMillin Companies, a Request for Proposal was issued for architectural services to commence in the Spring of 1997; and WHEREAS, in accordance with the City's purchasing system, staff has administered an architect selection process and selected the firm of Jeff Katz Architecture. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby approve a contractual agreement with Jeff Katz Architecture for architectural services associated with the relocation construction of Chula vista Fire Station #4, a copy of which is on file in the office of the City Clerk as Document No. . BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized and directed to execute said Agreement for and on behalf of the City of Chula vista. BE IT FURTHER RESOLVED that the amount of $60,000 is hereby appropriated from Fund 806 Fire DIF to Account 806-8060- PS120 for the architectural design services and related design phase costs. Presented by Approved as to form by M?Jß ('!fl 'c;.[d~~ James B. Hardiman, Fire Chief John M¡5iaheny, ity ~ t ne c:\RS\KATZ.AGR %-y ....-,--.----..-..-...--...,....-..-----...'.-..-.- ----...---- REQUEST FOR PROPOSAL CHULA VISTA FIRE DEPARTMENT, FIRE STATION #4 The City of Chula Vista is in the process of selecting an architectural fIrm 10 assist in the design and construction of a 4,000 square-foot, 2-apparatos bay, four-person fIre station. The proposed project is located in the Rancho del Rey development in eastern Chula Vista, at the corner of Paseo Ranchero and East'H' Street, adjacent to the Department's existing Fire Training Tower. The site is dedicated and has been graded, and has full utility services available. Completion of the facility is scheduled for the Spring of 1998. The current Fire Station #4 is located at 861 Otay Lakes Road in Chula Vista. DESIGN CONCEPT The new fire station is envisioned as a 1500 square-foot structure, accommodating living quarters and office space for up 10 four firefIghting personnel (male and female) with an attached 2500 square-foot (approximately 60' x 40') dual-entry ("drive-through") apparatus room equipped with an exhaust gas elimination system. Generally, it is desired 10 use Chula Vista Fire Station ff2 (SO East 'J' Street) as the basic design model for this project. The design concept shall optimize energy efficiency, durability and ease of maintenance, and comply with all access standards. DESIGN TEAM The design team consultants to be assembled by the Project Architect should include: Landscape Architect Civil Engineer Mechanical Engineer Structural Engineer Geotechnical Engineer The services provided by the design team will be divided inlo three phases: 1. Design (conceptlfmal plan, project program, cost estimate preparation, etc.) 2. Construction Documents (Specifications, construction plans, bidding and contract award process, etc.) 3. Construction Observation (submittal review, site observation, progress payment, post-construction items) DESIGN PHASE The following responsibilities are included in the Design Phase: 1. Architectural The architectural services shall include the preparation of plans, specifIcations, cost estimates renderings, and color boards for the facility. 2. Geotechnical Investiiation and Testinfl The project consultant will be responsible for ordering and receiving in time, appropriate geotechnical investigation, testing, analysis, and recommendations required for the design and construction of the project. 8'"~c¡ Page 1 _...._.._._. _.__0_- -----_.~.- 3. Meetinlls The architectural services will include participation in any necessary presentations to the Fire Department Staff Committee, the City's Design Review Board, the City Council, or any other groups from which it may be necessary to receive comments or approvals. 4. Preliminary Submittal Five preliminary sets of plans, specifications and cost estimates of completion shall be submitted to the City for review and comments. 5. Pinal Plans Specifications Cost Estimates All plans and specifications will be reviewed and approved by the City prior to acceptance. The consultant shall provide one complete fina1 set of original specifications and one original set of full size (24" x 36") mylars ("stick-on" mylars will not be accepted). Detailed final cost estimates shall be provided to the City for review and acceptance. In the event that the constructing bids exceed the project budget by 5 % or more, the Architect, at no extra cost to the City, may be required to resubmit construction drawings so the project can be constructed to the City's satisfaction within the funds available. CONSTRUCTION PHASE During the Construction Phase, the consultant shall: 1. Attend and facilitate the pre-bid conference. 2. Advise City regarding the validity of the bids received and recommend award of the contract to the successful bidder. 3. Attend any pre-construction conferences. 4. Check submittal information and detailed construction and shop drawings, submitted by the contractor for compliance with construction documents and applicable ordinances and codes. 5. Provide consultation and advice to City staff and contractor during construction. 6. Establish weekly job site meetings to observe the work in progress and provide appropriate reports to the City. 7. Prepare sketches andlor revisions and provide clarification as required to resolve unforeseen problems. 8. Advise City on the approval of progress payments. 9. Make fmal inspection, report on the completed project, and prepare a "punch" list. Page 2 '6-; tJ - --- ---_.__.__._--~--_.__._. 10. Note all approved change orders on the contract drawings and prepare final "as-built" drawings for City's record. 11. Assist the City in the project closeout punch list, warranties, and operation and maintenance manuals. PROJECT TIME TABLE COMPLETION DATE Architectoral Design November, 1996 Plan Check July, 1997 Advertise for Bids September, 1997 Project Construction January, 1998 Completion May, 1998 As part of your proposal, please include the following items: 1. List three (3) similar 1Y.Pes of contracts or projects successfully completed by your firm. Provide photos, renderings, etc., of recently completed projects. Select and describe one local similar project in delail that the selection committee may visit to further evaluate your proposal. 2. A list of projects and references which may be contacted (please include conlact name, phone number, and address). 3. A description of the design team, anticipated support personnel to be employed on the project, and their qualifications as related to this project, (Le. architect, landscape architect, engineers, etc.). 4. Amount of staff time by key personnel for each consultant to be expended for each phase. 5. A description and percentage of work to be performed by specific subconsultants, (Le. mechanical, electrical, and structural engineering firms). 6. A detailed breakdown of the total scope of services with proposed fee structure and desired method of payment. Please separate your charges into the following categories: A. Concept Design B. Final Design C. Construction Documents at 50 %, 90%, and 100 % D. Construction Observation E. "As-Built" Plan Preparation After receipt of proposals, City staff will review the proposal and invite the most qualified candidates for fmal interview. Page 3 f)---J/ --------..-...---- ---..-".---------- .---. SELECTION AND EXECUTION OF AGREEMENT In accordance with Section 2.56.230 of the Chula Visla Municipal Code, consultant selection for this project will be based upon: the content of the proposal; the firm's related experience, business reputation, and capacityl ability to provide the services; and a formal oral interview. Execution of agreement with the selected consultant will be subject to negotiation. Attached for your information is the City's standard 2-party agreement which shall serve as the basis for the final agreement. "Attachment A « referred to in the standard agreement will be completed following consultant selection and may include but is not limited to: 1. Prohibition against assignment. 2. Indemnification. 3. Insurance requirements 4. Licensing by the Slate of California for the project architect and the other design team consultants. 5. City proprietary considerations. 6. Data security. 7. Warranties. 8. Compliance with applicable City, State, and Federal laws, rules, and regulations. 9. Federal Grant Requirements I Certificate of Compliance. 10. City approval of all proposed equipment (mechanical, electrical, plumbing, locks, hardware, etc.) 11. Prohibition against Architect submitting a bid, or having a financial interest in any company submitting a bid, for the actoal construction of this project. GENERAL TERMS AND CONDITIONS The City of Chula Visla reserves the right to reject any or all proposals submitted. No represenlation is made hereby that any contract will be awarded pursuant to the request for qualifications, or otherwise. All costs incurred in preparation of the proposals, in submission of additional information, travel expense, andlor in any other aspect of the qualifications prior to the award of a written contract will be borne by the respondent. The City will provide only the staff assistance and documentation specifically referred to herein and will not be responsible for any other costs and obligations of any kind which may be incurred by the respondent. All items submitted to the City in response to this Request shall become the property of the City of Chula Visla. Final plans and specifications will remain the property of the City of Chula Visla and the City maintains the right to use same andlor modify same to construct future facilities. . ,~1 ~p. off t4 ~114 r . ~'b\) Ii «<''S'\."þ,S ~O\ íf'i,;z Page 4 ._-~.- ~_._-.-- - - -------... -.'.------.-.,.. FIRE STATION #4 ARCHITECTURAL SERVICES RFP RESPONDENT QUALIFICATIONS EVALUATION ARCHITECTURAL FIRM NAME: For each category below, please evaluate the content of the Firm's response to the RFP using a 1 (low confidence, poor response, incomplete response, etc.) to 5 (High confidence, thorough response, etc.) scale, EVALUATION CATEGORY RATING WEIGHT TOTAL POINTS (1 to 5) (RATING X WEIGHT) Evaluation of the Firm's history and resource capability to perform X10 the required services, Evaluation of personnel to be assigned to the project based upon X5 experience and qualifications stated in the RFP response, Firm's related experience: ~ Design Services ~ Fire Station Construction X10 ~ Other related government building projects Budget, cost controls experience, X5 and results. General structure of fee schedule and responsiveness to the fee/staff X10 time information requested in the RFP, Proposal Content as Required by the RFP: ~ List similar projects (photos) X10 ~ Describe one project in detail ~ References GRAND TOTAL (Possible 250 pts) DATE: NAME OF REVIEWER: 3"'/3/8"J{ Mfochn'\eVl+ \ B' <--------- - ------_._-_.~.._._------ Interview Questions General Information: The Fire Department is interested in incorporating some floorplan and design elements from existing fire facilities. (1.) Please briefly introduce your firm to us, acquainting us with the names and qualifications of those who would actuallv be working on the project, citing examples of similar construction projects you have successfullv completed, and detailing any particular characteristics which may set your firm apart from the others. (You may take up to 10 minutes). (2.) Based on the fact that input into the design of this facility may be received from several entities such as the Department management team, the Firefighters, the Design Review Committee, Building Services division, and the City Council, a.) How does your firm go about blending the varied and unique desires of these groups? - and - b.) What other entities in addition to those previously listed would you recommend be included in the process? (3.) Based on your proposal and your understanding of the scope of work, please detail for us the services that you would expect the ~ to provide to the project. (4.) Tell us, very briefly, about a project that went well for you, and one that didn't. (5.) Suppose the construction bids come in significantly higher than the project budget (and higher than your estimates), what steps would you suggest be taken to rectify the imbalance? Follow-up: Who would be responsible for paying if any additional charges are incurred in a redesign? (6.) What sense of responsibility do you feel for: (ask for short, direct answers) a.) Project Budget as agreed upon prior to start of construction? b.) Change Orders c.) Errors in the Plans d.) Deadlines (7) Given the notion, expressed regularly by different individuals that a fire station is really nothing more than "a 4 BDR house with a big garage", how do you set your fees for its design and how would you justify those fees and the overall expense of the project? (8) Is there anything you would like to add? ?5~)t A+tad/lmt\'1+ 'c. I ."_.~~~-_._----_.~_.._--_._._------~_. CJ~x":t -<z ÃJ OQ :Þ :Þz:ÞO 00 z;:u O'-;:U c.. co ~ ~g ~~ ~~ i~ ~~ª ~ i Z ~m ~ 5>ï 5>Z "m cï Oij¡~ " 1::Þ "ÃJ m ;;!O;;!-< ï ~- ~mZ > ;,,:;: 2m .. en "11 en"" m Z mzen -I Ij; m C/)C/) "11 .... . G') ÃJO N I! m?O Go ...... m F;;m 0- ....z 20 o Qm !ii~~ :i!~ 0 -Ir-m mO :::u ~8~ ~~ :Þ '" z:;:m C/).... ï o Q:;:ÃJ ....~ C/)õ~ 00 Z 25:Þz c.... -I r-...._ »0 m ,..-- r;::tJ engc :!!.C/) ;:u - mC/) < 00 _ ::!10 m .... ÃJO < ::::tII-I C G'I S:Z < Om z '" C/)", en en." 0 () . » '" 25m:c c ,.. "11 o ~!/!æ:Þ 5 0 eno~!¡¡ :E ;:u ~c;;; Cj "11 r- e ... C '" ÃJ;:U ~ ~ ~ ""::e i!5 -I '" !ao () :!; C/) > o ;;;ÃJ C 2 -I z:O: ~ 0 0 o:¡; z Z m ffi m e 0 :a: ... :!i,.. '" m ~ 0 Q > mOO ;:u en z ÃJ ....."f!¡ -< 0 °lii_o .... ~ '" z 00 0 .... o en~cen c: _ --I !!ir-en.... ¡¡¡ g ~ m r-mz r- ,..0 - r- C o ::;! g: () ~ -I :!i - c 0 C [11 ~ m ~ ....,¡" :;; -< '" - 0 - ...:Þ mer- eD 0::::1 C :::tI ¡¡¡ '" em ÃJ enm o rn z ::þ: .... .... .... ;:u !:õ 2 < r- Z Q ~ 0 Z m ~ en ~.... ~ >: 0 0 C j;! :!i :;: r- m - Q 8 0 ÃJ m g'/iØ,;; /1 ! C ( A.¡\-ad'\rv\!1'I f- 'b .·..M..~..·_ __.._.__"_.._." Agreement between City of Chula Vista and Jeff Katz Architecture for Architectural Consulting Services This agreement ("Agreement") , dated for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1, is between the City of Chula Vista as indicated on Exhibit A, paragraph 2, as such ("City") , whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 (" Consul tant") , and is made with reference to the following facts: Recitals Whereas, the City is desirous to retain the services of Consultant to provide architectural and design services in conjunction with the construction of Chula Vista Fire Department Fire Station #4 as described in Exhibit 'A' ; and, Whereas,the Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement. (End of Recitals. Next page starts Obligatory Provisions.) I 8'-/fš 'E- I A+tac.h m e.V1~ . "- .-. ---~---~-...,-~-.--.._. NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties" ; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties" , Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled " Scope of Work and Schedule" , not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services , In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ( "Additional Services") , and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C) , unless a separate 'fÇ- / ! ---- - ,-----.,-+----- ,--.---------------""..----. --- fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categor- ies, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City and. Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise carry ( "Primary Coverage"), and which treats the employees of the City and Applicant in the same manner as members of the general public ("Cross-liability Coverage") . Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, µnless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (1) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under ~ ~ d2tJ --~..._...__...- .""- ....,...,--_.,_._---_._~---,.__._---------_._._.- this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Security for Performance. (1) Performance Bond. In the event that Exhibit A, at Paragraph 21, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 21, Exhibit A. 1. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation I City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further ~r.;2 / __......n.____ --.-......-". .' -_.~--------_....._---.-- understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 20, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 20, City shall compensate Consultant for all services rendered by Consult- ant according to the terms and conditions set forth in Exhibit A, Paragraph 11, subject to the requirements for retention set forth in paragraph 21 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 14. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 20 (C) to be charged upon making such payment. 3 . Administration of Contract Each party designates the individuals ( "Contract Administrators" ) indicated on Exhibit A, Paragraph 15, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5 . Liquidated Damages , The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 16. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in per- S[r-c2Å -_._,.~-- ....-----..----.-....---------.---.-- formance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate") . Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is not designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 17, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 17 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. ~,- c2;1 ~ ^-.,.--.-".---....--..--..-..-.--......-.-...-- -,.._,~- Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ( "prohibi ted Interest"), other than as listed in Exhibit A, Paragraph 17., Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. ~--c2f _._ _ _ .__·n_...'·._,_~,~__,__~__,________,__,____ Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7 . Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Consultants' indemnification of City shall not be limited by any prior or subsequent declaration by the Consultant. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work g---~ _..,-...._- ---,~._-_.__._~---_.,"_.._._----------- satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9 . Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants". ?'~ c2 t ...-..-~... ...--._._----, ----_._--~..- 12. Ownership, publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act) , distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. Not withstanding the foregoing, the Consultant's drawings, specifications or other documents shall not be used on other projects, for additions to this project or for completion of this project by others, unless the Consultant is judged to be in default under this Agreement, except by Agreement in writing and with appropriate compensation. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been (Ç- d- ;/ ,--------------- ---~-_._-_._--- presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including costs and attorney's fees. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consult- ant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 18 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. fÇ ~ ~jš~ .-h_,.__. ._._--_..__.."'_._._--~~-~~._- C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing Law/Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possibl~. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. [end of page. next page is signature page.] g- r .2 '1 -------_.__.~_.__...._-----_._.__._._- --- -_._._._-----~--_.__..._.- Signature Page to Agreement between City of Chula Vista and Jeff Katz Architecture for Architectural Consulting Services IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: , 19 - City of Chula Vista by: Shirley Horton, Mayor Attest: Beverly Authelet, City Clerk Approved as to form: ~~7~ ~~. J Kaheny, City~torney Dated: .J~2()-1r I Exhibit List to Agreement (X) Exhibit A. f?~JtJ ----- .. ..- ,-.. _._,---,._-"-",.__._._---~_._-_.__._--_..- Exhibit A to Agreement between City of Chula Vista and Jeff Katz Architecture 1. Effective Date of Agreement: 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California ( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California ( ) Industrial Development Authority of the City of Chula Vista, a ( ) Other: , a [insert business form] ("City") 3 . Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: Jeff Katz Architecture 5 . Business Form of Consultant: (X) Sole Propr~etorship ( ) Partnership ( ) Corporation 6 . Place of Business, Telephone and Fax Number of Consultant: 2PTY9-A.wp Exhibit A to Standard Form Agreement June 7, 1995 Page 1 <¡J-~J / __._ .......____.__.. ._ ____mo. 7290 Navajo Road, Suite 106 San Diego, California 92119 Voice Phone (619) 698-9177 Fax Phone (619) 698-9178 7 . General Duties: A. PROJECT DESCRIPTION (1) The Consultant shall design a new fire station to be located at the corner of East 'H' Street and Paseo Ranchero adjacent to the Fire Training Tower in the Rancho del Rey development in the City of Chula Vista("Project"). With a construction budget of approximately $500,000, the Project is envisioned by the City as a 1500 square-foot structure, accommodating living quarters and office space for up to four fire fighting personnel (male and female) with an attached 2500 square-foot (approximately 60' x 40' ) dual-entry ( "drive- through") apparatus room equipped with an exhaust gas elimination system. (2) The Consultant shall ensure that the Project is designed and constructed to optimize energy efficiency, durability and ease of maintenance, and in accordance with all applicable current State and local statutes, codes and ordinances including, but not limited to, the following: a. The Uniform Building Code b. The Uniform Fire Code c. Current standards of the Americans with Disabilities Act (ADA) B. GENERAL PROVISIONS I (I) The Consultant shall be responsible for coordination of all of the work and payment associated with subconsultants listed in Section 19, below, and the fees associated with these 2PTY9-A.wp Exhibit A to Standard Form Agreement June 7, 1995 Page 2 ~~ 3.2 - ---- -_.~-_.,_.._._-~- ----- subconsultants shall be included within the Consultant's basic fee for services. (2) Once a general contractor is selected, the Consultant agrees to cooperate in timely response to requests for information with the chosen general contractor and any of its various subcontractors and to assist in compliance with the stipulated budget for construction of the Project, in accordance with normal industry standards of practice. (3) The City shall have the right to suspend work on the Project for a period of up to ninety (90) days without suffering any increased compensation to Consultant or any of its subconsultants and this temporary suspension shall not constitute a termination of this Agreement. 8. Scope of Work and Schedule: A. CONSULTANT'S DETAILED SCOPE OF WORK: The Scope of Work is based on the stated intent of the City to utilize Chula Vista Fire Station #2 (80 East 'J' Street) as the basic design model for the Project, and, as applicable, the "Chula Vista Fire Department Fire Station Design Specifications" as a basis for the design of the new station. (1) SCHEMATIC DESIGN PHASE a. Tour existing Fire Station No. 2 and hold "Brainstorming" sessions with Chula Vista Fire personnel to discuss features of the new station design in order to refine the program requirements contained within the Fire Station Design Specifications. , b. Perform preliminary code and zoning review. c. Meet with City Building and Planning Departments to review all requirements including design 2PTY9-A.wp Exhibit A to Standard Form Agreement June 7, 1995 Page 3 g-~ .3'J ------.._----^--- ~---.-- requirements and building accessibility issues. d. Develop Preliminary Building Floor Plans and Building Elevations. e. Prepare site plans sufficient to develop conceptual site drawings indicating placement of structures and amenities on site. f. Develop preliminary Cost Estimates based upon building systems. The estimates prepared at this phase will be generally square foot cost estimates for the various building components, and will include a design development contingency (to allow for potential increases as the design is refined further in the later stages of the project) . g. Make required presentations to Chula Vista Fire Department to review scope, recommendations and findings of this phase of the Consultant's work. h. Make required Design Review Submittals to McMillin Companies, City of Chula Vista, and other groups from which it may be necessary for the City to receive comments or approvals. It is assumed for this proposal that one set of documents will be prepared and submitted concurrently to the two entities. Drawings required for this submittal will include: Site Analysis Diagram Schematic Floor Plan Schematic Building Elevations Preliminary Site Plan Conceptual Landscape Plans Color and Material Sample Boards \ These drawings will include color and material callouts, as well as a colored building elevation drawing. No models or rendered drawings are included in this proposal. 2PTY9-A.wp Exhibit A to Standard Form Agreement June 7, 1995 ~~Jf Page 4 .. '. . ~. --.. - ".-.'.- ._-"--------_.__._-_._------~.."._._..._... ...--....--...--.--...- .'-."-,-,-,"'--"'-' I. Make required presentations to City Council to review proposed design. j . Make required corrections to Schematic Design in order to obtain Schematic Design approval from the City of Chula Vista. Required corrections shall fit within the parameters of the Station No. 2 design concept and the approved project budget. Corrections required which are inconsistent with the Station No. 2 design concept, or the project budget will be an additional service. k. After obtaining approval of Schematic Design the Design Development phase will commence. (2) DESIGN DEVELOPMENT PHASE a. Refine design of Floor Plan, Building Elevations and Site Plan. b. Coordinate building and site requirements with Owner's Soils Engineer. c. Develop structural system consistent with design concept. No engineered site retaining walls will be required for the project. d. Prepare Interior Elevations, Building Sections, . Reflected Ceiling Plan and Roof Plan. e. Prepare Grading, Drainage and Utility Plans consistent with design concept (prepared from City- provided Topographic Survey) . f. Develop building mechanical, plumbing and electricql systems consistent with design concept. g. Prepare preliminary line item Construction Cost Estimate based on actual building components. This estimate will be more detailed than the systems 2PTY9-A.wp Exhibit A to Standard Form Agreement June 7, 1995 Page 5 2"/'J~ __'.M' m__.____,.__,________····~ ~_._... ____ estimate prepared during schematic design. h. Review meeting with Fire Department and City staff to review proposed design. I. As mutually agreed by the City and Consultant, there will not be a formal Design Development submittal. Rather, the drawings submitted at this stage will be "mark-ups" intended to reflect more information than would normally be found in a "design development" submittal. The intent is to present as much information to the Fire Department as possible with regard to proposed building systems, structures, layouts, etc. Based on the information presented, the Fire Department will review and comment on all of the proposed features of the new building and site design. j . After obtaining City approval of the information presented in the Design Development drawings, the Construction Documents phase will commence. (3 ) CONSTRUCTION DOCUMENTS PHASE a. Prepare drawings and specifications as listed in Attachment '1' to Exhibit 'A' which are suitable for bidding to clearly delineate the Contractor's scope of work (Work) . The City will provide all General and Supplementary Conditions for the .Project. Official submittals to the City during this phase of the Consultant's work will occur at approximately 90% complete (concurrent with submittal to the Building Department) and at 100% complete. b. Submit plans to local utility companies for review. (Note: An,y required Utility Company fees are not included) . c. Submit plans to City of Chula Vista Building Department for plan check, and perform all required 2PTY9-A.wp Exhibit A to Standard Form Agreement June 7, 1995 Page 6 8'rJ? ....n..._ -0,-"'-- .._____._~,..________._...____ revisions to construction documents based on Building Department's plan check comments. (Note: plan check and permit fees are not included.) d. Update Construction Cost Estimate. e. Meet with Fire Department and City staff to review final design. (4) BIDDING PHASE a. Provide original drawings (on Mylar) and specifications to the City. City will assemble and distribute bid packages. b. Interpret and clarify contract documents for contractors, and issue addenda as required. c. Conduct a Pre-Bid walkthru at the site with all interested contractors. d. Participate in bid opening, review contractor's detailed cost breakdown, and assist City in evaluation of bids. (5) CONSTRUCTION ADMINISTRATION PHASE a. .The construction phase/administration of the construction contract shall commence upon the beginning of construction and shall be limited to a period equal to one hundred and ten percent (110%) of the total allowable time for the contractor's completion of the Work (inclusive of all required interior finish, fixture and equipment procuremept) . b. Attend Pre-Construction conference. c. Review shop drawings and submittals as required by 2PTY9-A.wp Exhibit A to Standard Form Agreement June 7, 1995 Page 7 %~3/ -0- ---- - -..-- _._...__.._--~-_.__._---_._._----_._--- contract documents. d. Interpret contract documents for proper execution and progress of construction, including responding in writing to contractor's or City's requests for information and clarification (RFI' s) . e. Make one scheduled site visit and meet with assigned City Staff every other week during the course of construction ( total of 10) to become familiar with the progress and quality of the Work completed, to determine if the Work is being performed in a manner indicating that the Work when completed will be in accordance with the Contract Documents, and to prepare site visit report. On the basis of on-site observations as an architect, the Consultant shall keep the City informed of the progress and quality of the Work, and shall endeavor to guard the City against defects and deficiencies in the Work. f. Make one site visit to perform punchlist Inspection, and one to perform Final Inspection. g. Assist the City in reviewing and processing contractor's progress payment requests. h. Process contractor's As-Builts and warranty information. j . The Consultant shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for Construction. The Consultant , shall not be responsible for the Contractor's schedules or failure to carry out the Work in accordance with the Contract Documents. The Consultant shall not have control over or charge of 2PTY9-A.wp Exhibit A to Standard Form Agreement June 7, 1995 Page B 2r- 3~ .-.-. ------,-- - --_.~,----++_._-_...._-~--_.._._+_.- acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. k. The Consultant's certification for payment shall constitute a representation to the City, based on the Consultant's observations at the site as provided above and on the data comprising the Contractor's Application for Payment that to the best of the Consultant's knowledge, information and belief, the Work has progressed to the point indicated and the quality of Work is in accordance with the Contract Documents. (6) RESPONSIBILITY FOR CONSTRUCTION COST a. Definition: The Construction Cost shall be the total cost or estimated cost to the City of all elements of the Project designed or specified by the Consultant. The Construction Cost shall include the cost at current market rates of labor and materials furnished by the City and equipment designed, specified, selected or specially provided for by the Consultant, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for contingencies shall be suggested for market conditions at the time of bidding and for changes in the Work during construction. Construction Cost does not include .the compensation of the Consultant and Consultant's consultants, the costs of the land, rights-of-way, financing or other costs which are the responsibility of the City. b. Evaluations of the City's Project budget, preliminary estimates of Construction Cost and detailed ',estimates of Construction Cost, if any, prepared by the Consultant, represent the Consultant's best judgment as a design professional familiar with the construction industry. It is recogni¡!:ed, however, that neither the Consultant 2PTY9-A.wp Exhibit A to Standard Form Agreement June 7, 1995 Page 9 ~,.- :1 7 .-._.__....__._---_._._._--,._,._._--,.~.__._-----_._--- nor the City has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Consultant cannot and does not warrant or represent that bids or negotiated prices will not vary from the City's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Consultant. c. If the Bidding or Negotiation Phase has not commenced within 90 days after the Consultant submits the Construction Documents to the City, any Project budget or Fixed Limit of Construction Cost ( "fixed limit") will be adjusted if necessary to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the City and the date on which proposals are sought. In the event that this adjustment is to be made, the City and Consultant agree to meet in good faith to determine the extent to which the Consultant's scope of work is unreasonably impacted for the purposes of determining additional compensation, if any, for the work performed. d. If the fixed limit ($500, 000 for this Project) is exceeded by the lowest bona fide bid or negotiated . proposal, the City agrees to pursue one of the following courses of action: 1.) Give written approval of an increase in the fixed limit; ii. ) Authorize rebidding or renegotiating of the Project; iii.)Te~nate the Project proceedings; iv. ) Cooperate in revising the Project scope and/or quality as may be necessary to reduce the Construction Cost; or v.) Any other remedies the City may deem 2PTY9-A.wp Exhibit A to Standard Form Agreement June 7, 1995 <¡5 ~I ¿} Page 10 ..~-- ......__..,.._._--_..._---~-----_._~- appropriate. e. If the City chooses to proceed under d. ,iv. I above, the Consultant, without additional charge, shall modify the Construction Documents as necessary to comply with the fixed limit. The modification of Construction Documents in scope and/or quality to reduce the Construction Cost, using Consultant's best professional advise and knowledge, shall be the limit of the Consultant's responsibility with regard to meeting the fixed limit . (7)MISCELLANEOUS PROVISIONS a. Unless otherwise provided in this Agreement, the Consultant and the City-authorized subconsultants shall have no responsibility for the discovery, presence, handling, removal or disposal of Or exposure of persons to hazardous materials in any form as the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) Or other toxic substances. b. The Consultant shall have the right to include representations of the design of the Project, including photographs of the exterior and interior, among the Consultant's promotional and professional materials. The Consultant's materials shall not include the City's confidential or proprietary information; no such publication shall occUr without the prior express written consent of the . City to do so. c. If the City and Consultant are unable to reach agreement on any disputed work Or compensation, the City may direct the Consultant to proceed with the work. Payment shall be as later determined pursuant to the remedies provided elsewhere in the Agreement'. B. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement ( ) Other: fj-Y¡ 2PTY9-A.wp Exhibit A to Standard Form Agreement June 7, 1995 Page 11 . .'. ----- ...--,------.--.---.. --... C. Dates or Time Limits for Delivery of Deliverables: (1) Consultant to have the Construction Documents complete and ready for bid by contractors no later than November 1, 1997, unless otherwise agreed to in writing by the City. D. Date for completion of all Consultant services: (2) Upon Consultant's completion and City's acceptance of all services covered in the Agreement. 9 . Insurance Requirements: (X) Statutory Worker's Compensation Insurance ( ) Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. ( ) Errors and Omissions insurance: None Required (included in Commercial General Liability coverage) . (X) Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage) . 10. Materials Required to be Supplied by City to Consultant: A. It is understood that the City will provide topographic services as required to prepare an existing conditions topographic drawing, in AutoCAD 12 format, for use by the Consultant and City-authorized subconsultants on the Project. It is understood that the City will be responsible for the accuracy of the information provided to the design team, and that no field verification of existing topo information is included by the Consultant. B. All bidding and contract procedure documents. 11. Compensation: , N/A A. ( ) Single Fixed Fee Arrangement, For performance of all of the Defined Services by Consultant 2PTY9-A.wp Exhibit A to Standard Form Agreement June 7, 1995 ?Ç~Yc2 Page 12 --.-......_~--._._._-----_.__.__._---_._._._------_._-._-~- as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Milestone or Event or Deliverable Amount or Percent of Fixed Fee N/A ( ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retenticm amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall .such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. , B. (X) Phased Fixed Fee Arrangement. (1) For the performance of each phase or portion of the 2PTY9-A.wp Exhibit A to Standard Form Agreement June 7, 1995 2'~.L/3 Page 13 _ . ._______._..._.__u.__________.m._."_"_·_ Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. (2) Consultant to provide the stated basic services for a fixed fee of Fifty Two Thousand Dollars ($52,000.00) . Invoices will be submitted monthly for the percentage of work actually completed during the month, on any particular phase. (3) The Basic Services charges are categorized as follows: Phase Fee for Said Phase Schematic Design Phase $ 8,250.00 Design Development Phase $ 6,100.00 Construction Documents - 90% $26,150.00 Construction Documents - 100% $ 3,000.00 Bidding $ 1,500.00 Construction Administration $ 6,250.00 As-Builts S 750.00 Total $52,000.00 (X) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 21 is to 2PTY9-A.wp Exhibit A to Standard Form Agreement June 7, 1995 8--1/1 Page 14 _....._ ._..._._____ __ ,.__·._.._____..._m_.____~____._.__,__..___., be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. (X) Hourly Rate Arrangement for Additional Services Additional services shall not be performed by Consultant unless authorized in writing by the City in advance. For performance of any Additional Services by Consultant, as listed below, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow. a. Revisions to Schematic Design or Construction Documents resulting from City-requested changes to previously approved documents, or due to subsequent code or zoning changes. b. . Preparing documents for alternate bid items beyond the Consultant's scope of work. c. Processing City change requests after Contractor's bid including revisions to Contract Documents, processing approval of revisions through the Building Department, Change Order negotiation, and preparing, drawings and specifications in connection with Change Orders approved in writing by the City. d. Additional site visits specifically requested by the City. 2PTY9-A.wp Exhibit A to Standard Form Agreement June 7, 1995 Fš-~ Page 15 ...-----.-.-.-- - ,-,._-~,-"-,,,~."'-----------.--_..._..--..._----- e. HOURLY RATE SCHEDULE Principal Architect $ 90.00 per hour Designer $ 75.00 per hour Drafter $ 55.00 per hour Secretarial $ 40.00 per hour Structural Engineer $ 95.00 per hour Civil Engineer $ 90.00 per hour Mechanical Engineer $ 95.00 per hour Electrical Engineer $ 95.00 per hour Landscape Architect $ 80.00 per hour 12. ( ) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $ including all Ma terial s, and other "reimbursables" ("Maximum Compensation") . 13. ( ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to ( "Authorization Limit") . Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. 14. Materials Reimbursement Arrangement All City-requested or City-required printing and reproduction needs or other unanticipated printing needs associated with the Project which cannot be assumed by the City will be a reimbursable expense at the actual cost of such services to the Consultant. No other materials or costs reimbµrsements are permitted. 15. Contract Administrators: City: Daniel D.Beintema 447 'F' Street 2PTY9-A.wp Exhibit A to Standard Form Agreement June 7. 1995 ~~ :!þ Page 16 ..--,..'_.._-,'_._-,----- ,---.."-..-... -...--....---... Chula Vista, CA 91910 (619) 691-5055 voice (619) 691-5057 fax Consultant: Jeff Katz, AIA 7290 Navajo Road, Suite 106 San Diego, California 92119 (619) 698-9177 voice (619) 698-9178 fax 16. Liquidated Damages Rate: ( ) $ per day. ( ) Other: 17. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer." ( ) FPPC Filer ( ) Category No. l. Investments and sources of income. ( ) Category No. 2. Interests in real property. ( ) Category No. 3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the . department. l. If Consultant, in the performance of its services under this agreement: 1) conducts research and arrives at conclusions with respect to its rendition of information, advice, recommendations or counsel independent of the control and direction of the City or of any City official,1 other than normal contract monitoring; and 2) possesses no authority with respect to any City decision beyond the rendition of information, advice, recommendations or counsel, Consultant should not be designated as an FPPC Filer. 2PTY9-A.wp Exhibit A to Standard Form Agreement June 7, 1995 S-----1/7 Page 17 -,._...,-_.~_. .--.----.--..-...-. .. ( ) Category No. 4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. ( ) Category No. 5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. ( ) Ca tegory No. 6 . Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ( ) Category No. 7 . Business positions. ( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: 18. ( ) Consultant is Real Estate Broker and/or Salesman 19. Permitted Subconsultants: Civil Engineering: Bement Dainwood Sturgeon, Civil Engineers Structural Engineering: Simon Wong Engineering Mechanical Engineering: GEM Engineering Electrical Engineering: ILA + Zammit Engineering Landscape Architecture: , JL Martin, Landscape Architecture 20. Bill Processing: A. Consultant's Billing to be submitted for the following 2PTY9-A.wp Exhibit A to Standard Form Agreement June 7, 1995 ??~~r Page 18 _.,__,_ .._·_u~_.._._"_.___...~.__.______.~__~_~._____.__~__ period of time: ( ) Monthly ( ) Quarterly (X) Other: See Section 11.B. of this Exhibit. B. Day of the Period for submission of Consultant's Billing: ( ) First of the Month ( ) 15th Day of each Month (X) End of the Month ( ) Other: C. City's Account Number: 21. Security for Performance ( ) Performance Bond, $ - ( ) Letter of Credit, $ ( ) Other Security: Type: Amount: $ (X) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the Ci ty determines that the Retention Release Event, listed below, has occurred: (X) Retention Percentage: 10% from each invoice ( ) Retention Amount: $ Retention Release Event: ( ) Completion of All Consultant Services (X) Other: At the sole discretion of the City, at the successful completion of the "Construciton Documents - 100%" Phase, one-half of the Retention monies held to that point will be released to the Consultant. Bid~ing,Construction Administration and As- Builts Phases will continue to be subject to retention and the remaining retention monies will be released upon successful completion of the As-Builts phase. 2PTY9-A.wp Exhibit A to Standard Form Agreement June 7, 1995 21'-~J Page 19 _~~ __ _ ~___.... ,_,.~_..____._.._._.u____....·.__ ._.____."_..,___,.___.__.__~_._.___....___~..._.___ ATTACHMENT "1" DRAWING AND SPECIFICATION LIST The Consultant represents that the following drawings are to be provided by the Consultant; it is understood, however, that this does not represent an exhaustive list, nor does the list prohibit the Consultant from combining drawings in the interest of efficiency or clarity. Civil · Grading, Drainage and Utility Plan Details Landscape Planting Plan · Irrigation Plan · Details Architectural Title Sheet Site Plan · Hardscape Plan · Site Details (as required) Floor Plan Dimensioned Floor Plan Reflected Ceiling Plan Roof Plan Exterior Elevations Building Sections Wall Sections Large Sèale Plans Interior Elevations Finish SchedulelDoor SchedulelWindow Schedule Details (as required) Structural Foundation Plan Framing Plans \ Details (as required) Mechanical HVAC Schedules HVAC Floor Plan Details (as required) 25 r- -3¿J ________ ...__._______..__ ._.__.___~_.__..___~ __,,___.._. .____.0- ----------- Fire Station #4 Attachment "1" Plumbing . Plumbing Site Plan Plumbing Floor Plan Details (as required) Electrical Electrical Site Plan Power Plan Lighting Plan Signal Plan Panel ScheduleslDetails The Consultant represents that the following specification sections are to be provided by the Consultant. It is understood, hO\l\lever, that this does not represent an exhaustive list, nor does the list prohibit the Consultant from combining sections in the interest of efficiency or clarity. (Note: All Bidding and Contract Procedure Documents to be provided by the City): DIVISION 01 - GENERAL REQUIREMENTS 01010 Summary of Work 01200 Project Meetings 01300 Submittals 01310 Schedules and Reports 01410 Testing and Inspection 01500 Construction Facilities 01600 Material and Equipment 01630 Substitutions and Product Options 01700 Contract Closeout 01710 Cleaning 01720 Project Record Documents 01740 Warranties Sample Warranty Format DIVISION 02 - SITEWORK 02100 Site Clearing 02220 Earthwork for Structures & Pavements 02233 Graded Crushed Aggregate Base Course for Pavements 02514 Portland Cement Concrete Paving 02225 Excavating, Backfilling & Compacting for Utilities 02540 Pavement Markings & Related Signs 02620 Concrete Curbs, Gutters and Walks 02660 Exterior Water Distribution System 8' ____ S / .- -- --.-_._.'-.-.-"~---.--.--.-.~----"---..--.'.-~- Fire Station #4 Attachment "1" 02720 Storm Drainage System 02730 Exterior Sanitary Sewer System 02810 Irrigation System 02900 Landscaping DIVISION 03 - CONCRETE 03310 Concrete Work (Division 4 - Not Used) DIVISION 05 - METALS 05120 Structural Steel 05500 Metal Fabrications DIVISION 06 - WOOD 06100 Rough Carpentry 06181 Glue Laminated Members 06200 Finish Carpentry DIVISION 07 - THERMAL AND MOISTURE PROTECTION 07175 Water Repellent Coating 07200 Building Insulation 07320 Clay Roofing Tile 07500 Membrane Roofing 07620 Flashing and Sheet Metal 07720 Roof Accessories 07810 Unit Skylights 07920 Sealants DIVISION 08 - DOORS AND WINDOWS I 08110 Metal Doors and Frames 08210 Wood Doors 08331 Telescoping Overhead Doors 08520 Aluminum Windows 08710 Finish Hardware 08800 Glazing DIVISION 09 - FINISHES ~~5~ .....-.. _..,_,.___..' ,__..___..,.,_.._,m_.',____.. _._.,.. .' ........ .._____.._ -_.,~--- Fire Station #4 Attachment "1" 09100 Metal Support Systems 09200 Lath and Plaster 09250 Gypsum Wallboard 09330 Ceramic Tile 09510 Acoustical Ceilings 09650 Resilient Flooring 09680 Carpeting 09900 Painting DIVISION 10 - SPECIALTIES 10202 Metal Wall Louvers 10350 Flagpoles 10440 Identifying Devices 10520 Fire Entinguishers and Cabinets 10800 Toilet Accessories DIVISION 11 - EQUIPMENT 11450 Kitchen & Laundry Equipment DIVISION 12 - FURNISHINGS 12511 Vertical Louver Blinds (Divisions 13-14 Not Used) DIVISION 15 - MECHANICAL 15010 Mechanical General Requirements 15140 Supports and Anchors 15290 Ductwork Insulation 15300 Fire Protection Supplemental General Requirements 15310 Fire Protection Piping 15320 Fire Protection Valves 15400 Plumbing Supplemental General Requirements 15410 Plumbing Piping 15420 Plumbing Valves 15430 Plumbing Specialties 15440 Plumbing Fixtures 15450 Plumbing Equipment 15671 Air Cooled Condensing Units 15885 Vehicle Exhaust Removal System 15887 Carbon Monoxide Exhaust Fan %---S'Y __...n_____n --------------- Fire Station #4 Attachment "1" 15910 Duckwork Accessories 15940 Air Outlets and Inlets 15990 Testing, Adjusting and Balancing DIVISION 16 - ELECTRICAL 16010 Electrical General Provisions 16150 Emergency Standby Generating System 16200 Power Distribution Equipment 16300 Basic Materials and Methods 16400 Wiring Methods, Raceways and Conductors 16600 Lighting 16710 Cable TV Cable 16730 Fire Alarm System 16740 Public Address System 16750 Telephone System Rough-In 16800 Utilization Equipment g-~ff -~...".,._-- ..._-,.'--'--'---"-~'-'-'-'--'--~--' -,_._-------- COUNCIL AGENDA STATEMENT ITEM c¡ MEETING DATE: 3/25/97 / /y¿'¡f)~ ITEM TITLE: Resolution approving existing purchase agreements between the City of Chula Vista and Downtown Copy & Print, the City of San Diego, and Lightning Printing to provide print services on an "as-needed" basis through June 30, 1997, with an option to renew the agreements for four (4) additional, one (1) year periods. SUBMITTED BY: Director of Financeif ~ REVIEWED BY' City M=g~ JCj ~:Bi~ ~ (4I5th' V ot" Y" _ NoX) Standard specifications for print services have been developed and bid out on the open market. Print services have been obtained from these three (3) suppliers under Purchasing Agent authority on a trial basis since September, 1996. Vendor perfonnance has been exemplary, pricing is favorable for the City, and Council approval is now requested to fonnalize continued purchasing agreements with these three (3) vendors. RECOMMENDATION: That Council adopt the resolution approving existing purchase agreements with Downtown Copy & Print, the City of San Diego, and Lightning Printing, the overall low responsive and responsible bidders meeting specifications. BOARDS/COMMISSION RECOMMENDATION: Not applicable. DISCUSSION: Last July, cessation of on-site print services occurred as the result of retirement by the City's Print Shop Manager. The Purchasing Division compiled print services specifications consisting of various categories: Public Notices/Agendas; Plans and Specifications; Newsletters; Labels; Business Cards, Letterhead, and Envelopes. The bid was advertised in the Chula Vista Star-News. In addition, twelve (12) prospective bidders were sent bid packets, including seven (7) local printers. Sealed bids were received and opened by the Purchasing Agent on August 7, 1996. Of the seven (7) bidders responding, three (3) were local vendors. 9-( _ _ _ "_.n. .______~,__,..._... ___.__,_._..____~._.___...____.~________._._ Page 2, Item Meeting Date 3/25/97 The following vendors submitted low, acceptable bids for the respective print service categories: 1) Downtown Copy & Print - Public Notices/Agendas 2) City of San Diego Print Shop - Plans and Specifications Newsletters Labels 3) Lightning Printing - Business Cards, Letterhead, Envelopes Prices are firm for the initial ten (10) month period of coverage, September 1, 1996 through June 30, 1997. There are four (4), one (1) year option renewal periods. Option year price increases must be justified and cannot exceed 5% of prior year costs. The City retains the right to cancel an agreement with thirty (30) day prior notice. Included in the service provided by each vendor is pick-up, materials, set-up, printing, packaging, and delivery. Each printer can also provide a variety of other services such as binding, cutting, padding, stapling, etc. Complicated or unique print jobs can be negotiated or bid out. The City further reserves the right to purchase off-contract when in the City's best interests. FISCAL IMP ACT: There would be no direct fiscal impact from approving this resolution in that funds expended for print services will have been approved in each department through the normal budget process. Although during fiscal year 1997 $329,242 has been budgeted citywide for Printing & Binding, it should be noted that this figure also includes costs attributable to in-house copying. 9-~ -.-_..~---_._..._-~._._~-,_......._--,_.. - /~¿'?lg- RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING EXISTING PURCHASE AGREEMENTS BETWEEN THE CITY OF CHULA VISTA AND DOWNTOWN COPY & PRINT, THE CITY OF SAN DIEGO, A;ND LIGHTNING PRINTING TO PROVIDE PRINT SERVICES ON AN "AS-NEEDED" BASIS THROUGH JUNE 30, 1997, WITH AN OPTION TO RENEW THE AGREEMENTS FOR FOUR (4) ADDITIONAL, ONE (1) YEAR PERIODS WHEREAS, standard specifications for print services have been developed and bid out on the open market; and WHEREAS, print services have been obtained from these three (3) suppliers under Purchasing Agent authority since september, 1996, however, the volume of purchases has been monitored and has reached the Council award limit; and WHEREAS, Council approval is now requested to formalize continued purchasing agreements with these three (3) vendors, who have performed satisfactorily with favorable pricing for the city. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby approve existing purchase agreements between the City of Chula vista and Downtown Copy & Print, the City of San Diego, and Lightning Printing to provide print services on an "as-needed" basis through June 30, 1997, with an option to renew the agreements for four (4) additional, one (1) year periods. Presented by Approved as to form by Robert Powell, Director of C' y Attorney Finance C:\rs\print.po 9-:1, .._-~- ....0··' .________"..____.___~.___.___,____ --- COUNCIL AGENDA STATEMENT Item j¿J Meeting Date 03-25-97 ITEM TITLE: RESOLUTION I ¡r ¿ tJ '1 Approving the Chura Vista Downtown Business Association's 1997 Budget; Appropriating $21,000 from the Unappropriated Parking Meter Fund Balance for the 1996-97 Third Avenue Lemon Festival and Festival Banners and Approving Associated City Services; and, Directing that the DBA's Request for $20,000 from the Parking Meter Fund and City Services for 1997-98 Promotional Activities be Submitted for Consideration in the FY 97-98 City Budget SU'MOmD ov, Commoo" o.~"m,m Dlrei1tf <; . REVIEWED BY: Executive Director~ ~ . . (4/5ths Vote: Yes..x.. No_) BACKGROUND: In accordance with the Chula . a M;;icipal Code, the Chula Vista Downtown Association (aka, Downtown Business Association, DBA) is required to submit an annual budget in March for the City Council's approval. The DBA's budget is funded by a special assessment applied to each business located within the District boundary and any income the District earns from promotional activities and other contributing sources. The following staff report provides an overview of the DBA's 1997 budget and a discussion of the Association's request for assistance with funding for the 1996-97 Lemon Festival and 1997-98 promotional activities. RECOMMENDATION: That Council adopt the resolution approving the Chula Vista Downtown Business Association's 1997 Budget; appropriating $21,000 from the unappropriated Parking Meter Fund Balance for the 1996-97 Third Avenue Lemon Festival and festival banners and approving associated City services; and, directing that the DBA's request for $20,000 from the Parking Meter Fund and City services for 1997-98 promotional activities be submitted for consideration in the FY 97-98 City budget. BOARDS/cOMMlSSIONS RECOMMENDATION: The Parking Place Commission did not have enough members for a quorum at the time this report was written. DISCUSSION: The Downtown Improvement District was established in 1971 to promote business activities in downtown Chula Vista and to aid in efforts to make the area more attractive to consumers. The Chula Vista Downtown Association (DBA), a non-profit organization was formed to administer the District's business. Generally, about $20,000 per year has been derived from the District's special assessment which is used to conduct business. Income from promotional activities has been limited. In the past, the Redevelopment Agency and the City have contributed financial assistance to the DBA for advertising and promotional activities. The City Council resolution establishing the Downtown Business Improvement district requires that the Association submit their budget to the City Council in March of each year for approval. A copy of the 1997 budget is attached to the resolution as Exhibit A. NOT SCANNED The DBA's budget is based on calendar year as are other local non-profit organizations. The DBA Board approves their budget in January and submits it to the City Council for approval in March in accordance with the Municipal Code. Calendar year versus the City's fiscal year makes it difficult to coordinate funding requests from the City or Redevelopment Agency. The City asked the DBA to adjust their budget year to facilitate the process, /¿J-/ ---. -_.~-~--_.- - ---- Page 2, Item Meeting Date 03-25-97 The DBA investigated the IRS rules and other regulations concerning their budget process. To accommodate the change to a fiscal year budget, the DBA will have to apply to the IRS and will be required to keep two sets of records and file two separate tax returns if the IRS allows the change. This could be a cumbersome process, both time consuming and costly. As an alternative, the DBA proposes to accommodate the City's fiscal year by submitting their funding requests for activities planned between July 1 and June 30 of the forthcoming year and will reflect those requests in their annual budget. This year will be catch-up; so, two funding requests are proposed: one for activities between January and June 30, 1997 and one for activities planned between July 1, 1997 and June 30, 1998. Next year, if the DBA requests funding assistance it only will be for fiscal year 1998-99. 1996-97 Fundina Reauest The DBA has requested funds to assist with the Third Avenue Festival which has been rescheduled to June 1997. The Association requests $5,000 for promotions and $10,000 for advertising (letter attached). In 1996, the DBA held its annual street festival in October. Unfortunately, several other activities both locally and regionally were undertaken during September and October 1996 which diluted the impact of the Third Avenue Festival. The City Council asked the DBA to reschedule the event to another less active month so the local activities could be more evenly spread throughout the year. The DBA and City staff formed a committee to evaluate the festival and schedulin9. The event has been reorganized into the Chula Vista Third Avenue Lemon Festival and is planned for the first Sunday of June each year. It appears that no other local or regional events are scheduled for the month of June and the festival will be held before the schools are out for the summer and families begin their out-of-town vacations. Also, the June date will fall between the Chula Vista Expo in April and Harbor days in September. The DBA Board has retained the services of a professional festival coordinator (Pat Leslie and Associates in association with Kennedy and Associates) to obtain at least 200 vendors and to coordinate and oversee the actual event. The DBA Board and the Festival Committee also will be intricately involved in entertainment, associated activities, advertising, and volunteer assistance. The festival theme of the lemon has historic meaning to the development of Chula Vista (Chula Vista was advertised as the "Lemon Capital" in the City's early development stage). Lemons are plentiful in June and will be promoted through the Downtown Farmers' Market. A logo has been developed for the event based on the historic lemon crate labels used at the Chula Vista lemon packing plant formerly located south of F Street between Third and Fourth Avenues. The logo will be used for all advertising and promotional activities associated with the Festival. Staff is recommending that the logo be developed into banners and incorporated into the Downtown Banner Program that was approved by the Redevelopment Agency in 1995. A copy of the logo is attached for your information. NOT SCANNED It is anticipated that the banners will be screened in three to four colors and will be 30" X 96". They will be located at least along both sides of Third Avenue and installed about six weeks before the festival date this year. In future years, they will be installed in the beginning of April. The design and colors will provide not only tasteful graphic promotion ofthe event but they will provide vitality and a sense of place in the Downtown area. /¿;---;z ~_._-~-- Page 3. Item Meeting Date 03-25-97 Based on the cost for the existing banners, it is estimated that the new banners will cost about $6,000. It is recommended that the public works department install the banners and reinstall the hummingbird banners following the festival. 1997-98 FundinQ ReQuest NOT SCANNED The DBA is requesting funding assistance for their 1997-98 promotional program. ( Letter attached.) Two Tastes of Downtown are planned (October 1997 and April 1998), the Yule Parade in December of 1997, and the Lemon Festival in June 1998. The Farmers' Market will continue on a weekly basis throughout the year. The DBA has requested $10,000 for assistance in advertising the events and the operation and promotion of the activities. It is projected that funds will be available in the Downtown Parking Meter Fund. Staff recommends that the DBA's request be included in the 1997-98 budget and considered during budget session. FISCAL IMPACT: 1996-97 FundinQ ReQuest The DBA is requesting $15,000 for advertising and promotions, $6,000 for the construction of banners, $3,700 for City services to install banners, and approximately $5,000 of city services for the 1996 Third Avenue Lemon Festival. The following is a breakdown of those costs. Promotions, AdvertisinQ and Banners Promotions for Lemon Festival $ 5,000 Advertising for: 10,000 Farmers Market Taste of Downtown Lemon Festival General Advertisements Banners for Lemon Festival 6.000 Total 1996-97 Promotion. Advertising, Banners $21,000 citv Public Services for Lemon Festival Police services for crowd control and traffic control $ 3,100 City portable stage, PA system, folding chairs, delivery set-up, removal 270 Parks personnel trash clean-up 240 Public Works barricades, traffic control equipment, delivery & removal 1.400 Total 1996-97 City Public Services $ 5,010 Funds for 1996-97 promotions, advertising, and banners are available in the unappropriated balance of the Downtown Parking Meter Fund. Funds are available for Police, Parks and Recreation, and Public Works staff services in the Redevelopment Agency 1996 Town Centre I budget. J¿)r3 "-"-"-_.... Page 4. Item Meeting Date 03-25-97 1997 -98 Fundina Reauest In addition, the DBA is requesting $20,000 for advertising and promotions and approximately $10,000 of city services for 1997 Downtown activities. The following is a breakdown of those costs: Promotions and Advertising Promotions for 1997 Activities $10,000 Advertising for: 10,000 Farmers Market Taste of Downtown Lemon Festival General Advertisements Total 1997-98 Promotion and Advertising $20,000 Citv Public Services for 1997 Yule Parade and 1998 Lemon Festival Police services for crowd control and traffic control ($3,100 x 2 events) = $ 6,200 Parks and Recreation personnel trash clean-up, portable stage, PA system, folding chairs, delivery, set-up, removal ($510 x 2 events) = 1,020 Public Works barricades, traffic control equipment, delivery & removal ($1,400 x 2 events) = 2.800 Total 1997-98 City Public Services ($5,010 x 2 events) = $10,020 Funds requested for 1997-98 activities are projected to be available from the 1997-98 Downtown Parking Meter Fund; however, it is recommended that the request be submitted for consideration in the City's 1997-98 budget. It also is recommended that the requested Police, Public Works, and Parks and Recreation City services be included in the 1997-98 budget and will be reimbursed by the Redevelopment Agency Town Centre I. Total Funding Request Requested FundinglFiscal Year I Parking Meter Fund I Town Centre I RDA Staff Time Reimb. 1996-97 $21,000 $8,710 1997-98 $20,000 $10,020 (PSI H:\HOME\COMMDEV\STAFF.REP\03~25-97\97DBABUD (March 19,1997 (4:15pm)] )!)~ 'I --".-...---- RESOLUTION NO. / ft' ¿ ¿J r¡ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CHULA VISTA DOWNTOWN BUSINESS ASSOCIATION'S 1997 BUDGET; APPROPRIATING $21,000 FROM THE UNAPPROPRIATED PARKING METER FUND BALANCE FOR THE 1996-97 THIRD AVENUE LEMON FESTIVAL AND FESTIVAL BANNERS AND APPROVING ASSOCIATED CITY SERVICES; AND, DIRECTING THAT THE DBA'S REQUEST FOR $20,000 FROM THE PARKING METER FUND AND CITY SERVICES FOR 1997-98 PROMOTIONAL ACTIVITIES BE SUBMITTED FOR CONSIDERATION IN THE FY 97-98 CITY BUDGET WHEREAS, the Chula Vista Municipal Code requires the City Council to review the Chula Vista Downtown Association's annual budget and to authorize the disbursement of funds received through the business license tax imposed on the Business Improvement District; and WHEREAS, the Chula Vista Downtown Association has submitted a budget for 1997 activities and a request for assistance with funding the 1996-97 Lemon Festival and 1997-98 promotional activities; and WHEREAS, the City Council has reviewed the Chula Vista Downtown Association's budget and request for funding; and WHEREAS, the City Council desires that the Chula Vista Downtown Association conduct quality promotional activities to promote the Downtown area. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby: 1) Approve the Chula Vista Downtown Association's 1997 budget. 2) Appropriate $21,000 from the unappropriated balance of the Parking Meter Fund for the 1996-97 Third Avenue Lemon Festival and Festival Banners and approve associated City services. 3) Direct staff to submit the Chula Vista Downtown Association's request for $20,000 from the Parking Meter Fund and City services for the 1997-98 Promotional activities for consideration with the City's FY 97-98 budget. Presented by Approved as to form by ~ ç~ Chris Salomone Director of Community Development [(PSI H:\HOME\COMMDEV\RESOS\DBA97.BUD {March 19,1997 (10:25am)] Jó~5 ---""_...- CHULA VISTA DOWNTOWN BUSINESS ASSOCIATION 1997 BUDGET REVENUES DBA Revenue Sources: Assessments $19,500 Associate Memberships 0 Interest Income 200 Farmers' Market 5,900 Taste I 3,000 Taste II 3,500 Third Avenue Lemon Festival $19,500 Yule Parade 2,500 Parking Meter Fund: Advertising 10,000 Promotions 5.000 TOTAL REVENUES $69,100 EXPENSES Accounting 250 Advertising 2,000 Advertising from Parking Meter Fund 10,000 Bank Charges 100 Banner Installation 1,600 Board Planning 50 Business Directory 1,000 Christmas Decorations Retro 1,000 Design Committee 400 Election 120 Installation of Officers 250 Insurance 2,200 Membership/Dues (Chamber, CDA) 300 Newsletter 450 Office Operating 2,800 Repairs/Maintenance 150 Seminars 20 Storage 12 @ 90 1,080 Subscriptions 100 Utilities 800 Promotions Farmers' Market 9,700 Third Avenue Lemon Festival 19,500 Chamber Mixer 350 Yule Parade 2,500 Taste of Downtown I 700 Taste of Downtown II 700 Town Manager Salary 10.000 TOTAL EXPENSES $68,120 NET INCOME (LOSS) )tJ~? $980 ----~-^ ""... Februarv 17, 1997 To: F'amel¿" Buchan '. . From: De.vi? F:ossi '. .Chul,\ Vis:.ta DO~4.Jn town 8usiness As.sociation He: Fequest for- funds from the Pë~rking Meter- Fund forø fis:-cal year' 1996-1997 The DO!;-Jn tov..¡n Business Plssoci2l.tion respectfully requests that $1 ~I, 000 be ð_pproprie,ted from the reser-VB in the par-king meter- budget ¿'.nd allocated for Ad....rer-tising €~ F'1"'omotions. of t¡-'¡E DO~~Jn tOI¡-Jn Busines:5 Ass.ociation. The monies are to be used 2.5 follov-JS: '. $~¡, 000 to be Ll"3ed for- pr-omotions on Thir-d AVE'flUE' , such as Thir-d Avenue Fe=.tival, Tas'te of D01¡oJn tov'!n !' Fa.r·mE.!r's t¡i2, r' k E' t .-?,nc th<=:, Yule Pex'ade $.10,000 to bE' U£·ECJ to a,d··.¡ertis-e the above IT:EntionE,d activitiesM F' 1 ('::';:\:3(::- giVE' ~-pe:=l=\ .1 con~~.iderøa t.ion to the f'cct t!-,", t tl-;~ Third I,t:;:: ?'1·-·./EnL\(~ FE'stival ~^J~""=- mO'..'E'O this. ye2,r at Council's re~uEst tD JunE' :!.:::-t to .E,lleviate cDn'flict<::: hdt-, Harber- Days- and BonitafE'st. This::, mO\'/E IrJa~:::· not anticip¿'.t(?O when our 96-97 budget requË's.ts vJEr-e =.uomi t tE0j M FfŒ~,=ident )tP-? ...--.,-------.--..--..--,. . '. FE·brLl¿lry 17, 1997 To: Pa.mela Buch~ri . . . From: Dave F:os.s:.i :.ChuI2. Vista Dov.Jn tOIrJn Business Association Fe: RequEs-t for- funds from the Parking ~1eter- Fund for- fiscal year" 1997-·1998 The Downtown Business Association r-espectfull y requests that $20~OOO be approprie.ted from the reserve in the par-king m(2ter- budget and alloce,ted for- Advertis-ing t~ Promotions of the DO~·J!ì to\.'Jn Busines,s, Association on an annual basis. The monies are to be usee! c:',;:. -fo 11 O~~JS: ~il0~ÜOO to be::. Llsed for- promotions on Third AvenuE, such E<.S Thir-d AvenuE Festival, Taste of ÐOv-Jn to \l'J n . FarïTH3!'''' s r'1ar-ket and the Yule F' 2. r" ad e $10~OOO tü be used to adverti':-E trH2 ¿,bO\,/E ffiE'ntioned Elctivities-. l1.-Je havE:' rnE,t with Assd.stant Di r"ector of Finance, Cheryl Fru chter- ¿,nd Io<J8re assured that t-"lis i=::. E\ legal use o·f these ·funci,: . D¿..vid Ros.si Presi.dent )¿)-y -' --~..._--,-------- COUNCIL AGENDA STATEMENT Item:-.!.L Meeting Date 03/25/97 ITEM TITLE: Resolution / ¿j/ .? /tlmending Chapter VII, Section B, of the City of Chula Vista Master Fee Schedule to establish a new fee for the ARCO Olympic Training Center's use of City swimming pools SUBMITTED BY: Director of Parks, Recreation and Open Space~ REVIEWED BY: C"' """'~J'i ~,a[f¡ (41~" V",," V~_NoXJ The ARCO Olympic Training Center has contacted the Parks, Recreation and Open Space Department to discuss the possibility of various Olympic teams utilizing City swimming pool facilities for low-altitude training purposes. An addition to the City's Master Fee Schedule is being proposed in an effort to accommodate occasional rental use of the City's pools by the Olympic Training Center. A new fee would generate additional revenue for the City. STAFF RECOMMENDATION: That Council support staffs recommendation to amend Chapter VII (Recreation Programs/Facilities), Section B (Programs) of the Master Fee Schedule to establish a $15.75/hour rental fee for the occasional use of City pools by the ARCO Olympic Training Center. BOARDS/COMMISSIONS RECOMMENDATION: At their meeting on January 16, 1997, the Parks and Recreation Commission voted unanimously (5-0) to support staff's recommendation for the Master Fee Schedule amendment. A copy of the Commission meeting minutes is attached (Attachment "A"). DISCUSSION: The Operations Manager of the ARCO Olympic Training Center contacted Parks and Recreation Department staff in May of 1996 to discuss the possibility of various Olympic teams utilizing City swimming pool facilities for low-altitude training purposes. The size of Lorna Verde Pool, as well as its proximity to the Olympic Training Center (OTC), makes Lorna Verde an ideal potential training site. Initial discussions focused on the potential off-season use of the pools by various United States Olympic aquatic teams, including Swimming, Diving, Synchronized Swimming, and Water Polo. The Training Center staff also expressed an interest in the use of pools for cross training, medical rehabilitation, and sports science testing for other resident athletes at the Training Center. Due to the existing demand on pool space and time during the summer months, specific use was not discussed during the period of May-August. Discussions resumed with the Training Center staff again in September, after the Summer Olympic Games concluded. Since that time, several groups from the Training Center, including the Men's and Women's National Swim Team, have utilized the pool for short training sessions on a pilot basis. These trial uses have occurred during non-scheduled hours, and have been very successful. The established rental rate for City pools is $40/hour for resident groups and $80lhour for non-resident groups. These rates are exclusive of required lifeguard staff services, which are determined based on the [H:\home\parksrec\al13\ olCfee.l13] 1 //-/ _.......-.- .-.' "..-.__..-.__._----_.-.._---_...-.~. .---<.-.--... Item: Meeting Date: 03/25/97 size of the group, and the nature of the rental. Required staffing costs are assessed to the user in addition to the rental fees. These rental and staff fees are currently contained in the City's Master Fee Schedule. The established rates are higher than the Training Center can sustain, and staff is recommending an addition to the Master Fee Schedule, establishing a specific fee exclusively for Training Center use that would allow them to utilize the pool, while providing a small amount of additional revenue for the City. A fee of $15.75/hour would cover the basic expenses of pool operations (gas, electricity, water, and chemicals), and would allow pool use during periods of time that the pool is not normally in use during the fall, winter and spring. In exchange for the reduced use fees, the City would discuss a number of in-kind services that the OTC, andlor Olympic athletes could provide to enhance City programming. These services could range from City use of Training Center facilities, to volunteer services provided by individual athletes. It is estimated that the OTC would initially utilize the pool for 75-100 hours annually. Required staffing fees would be charged in addition to the hourly rate. The ARCO Training Center staff has indicated that use of City facilities could increase substantially as the opportunity for aquatic training programs is circulated, and there is the possibility that at least one team might wish to use the pools for extensive periods of time. There are other potential benefits from establishing a working relationship with the OTC and Olympic athletes. If OTC athletes and teams begin to utilize the pools on a regular basis, they may wish to bring in state-of-the-art training equipment that could be used cooperatively by the City and the OTC. There may be opportunities for having athletes provide demonstrations and "guest appearances" at departmental or City events. There is also the potential for allowing the public to observe practices and workouts, and to meet Olympic athletes which could be mutually beneficial for the City and the OTe. Use of City facilities by the OTC would be handled on a formalized basis through City Facility Use Agreements, and standard insurance and indemnification/hold-harmless requirements, as established by the City's Risk Manager, would be implemented. Similar special use arrangements with Olympic Teams have been successfully negotiated and implemented by other entities: the City of Long Beach has a long-standing use agreement with the Men's Water Polo Team, and the 32nd Street Naval Station in San Diego is currently accommodating the Women's Olympic Synchronized Swim Team. Specifics of these arrangements were not available when this report was prepared, and will be distributed at the Council meeting. FISCAL IMPACT: This fee could initially generate $1,200-1,800 of additional revenues for the City annually. Attachment: "A" - Parks and Recreation Commission Meeting Minutes ~f.\) ~01 $C [H:\home\parksrec\al13\ otcfee.113} 2 J / --- d--.- ._~-~----_._._"^-'"' RESOLUTION NO. )8' ¿,) (J RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER VII, SECTION B, OF THE CITY OF CHULA VISTA MASTER FEE SCHEDULE TO ESTABLISH A NEW FEE FOR THE ARCO OLYMPIC TRAINING CENTER'S USE OF CITY SWIMMING POOLS WHEREAS, the ARCO Olympic Training Center has contacted the Parks, Recreation and Open Space Department to discuss the possibility of various Olympic teams utilizing City swimming pool facilities for low-altitude training purposes; and WHEREAS, an addition to the city's Master Fee Schedule is being proposed in an effort to accommodate occasional renter use of the City's pools by the Olympic Training Center, which fee would generate additional revenue for the city; and WHEREAS, staff recommends amending Chapter VII (Recreation Programs/Facilities), section B (Programs) of the Master Fee Schedule to establish a $15.75/hour rental fee for the occasional use of city pools by the ARCO Olympic Training Center; and WHEREAS, at its meeting of January 16, 1997, the Parks and Recreation Commission voted unanimously (5-0_ to support staff's recommendation for the Master Fee Schedule amendment. NOW, THEREFORE, BE IT RESOLVED the city Council of the ci ty of Chula vista does hereby amend Chapter VII, (Recreation Programs/Facilities), section B, (programs) of the Master Fee Schedule to establish a $15.75/hour rental fee for the ARCO Olympic Training Center's use of City swimming pools. Presented by Approved as to form by Jess Valenzuela, Director of Parks and Recreation C:\re\arco,fee //--3 __..n" - - -.-. _._"_._,,_._~----_..__.__._,~-,,- Minutes of a Regular Meeting of the CITY OF CHULA VISTA PARKS AND RECREATION COMMISSION Thursday 6:30 p.m. Conference Rooms 2 & 3 January 16, 1 ~7 - Public Service. Building ................... CALL TO ORDER Chair Palma called the meeting to order at 6:44 p.m. 1. ROLL CALL Members Present: Chair Palma, Commissioners: Cochran, Radcliffe, Dennison, Rude, and Helton. Members Excused: Commissioners Vaccaro and Radcliffe Also Present: Jess Valenzuela, Director of Parks, Recreation, and Open Space and "-', Carol Ree, Acting Recording Secretary Commissioners present constituted a quorum. 2. APPROVAL OF MINUTES MSCU (Deonisoo/Rude) moved and secooded to approve the January 16,1997 Minutes with the corrections. 4·0·1 Correction on MOU . American Golf should read as follows: MSCU (RadcliffelDennison) supported the StaffRecommeodation: That the Parks and Recreation Commission appro"e the tentative MOU as it is written, peoding any changes recommended by the City Attorney's Office. 3. PUBLIC HEARINGS OR REMARKS 4. REPORTS .. FOR INFORMATION ONLY The Department Priorities will be discussed at the neX1 meeting. Director Jess Valenzuela reviewed the information with the Commissioners on the status of Otay Gym. Commissioner Helton would like the minutes to state that the Commission thanks the Director for the update on the Otay Gym. //-,1 la :\PRMTS91.JAN CITY OF CHULA VISTA PARKS AND RECREATION COMMISSION PAGE 2 December 19,1996 . 5. ACTION ITEMS Unfinished Business , New Business A. Eastern Chula Vista Recreation Needs Assessment The Commissioners did not take any action on the draft copy of the Eastern Chula Vista Needs Assessment. Pending final draft. B. Arco Training Center's Use of City Pools - Master Fee Schedule Amendments MSCU (Dennison/Heltoo) moved aod secooded to accept tbe Staff Recommendation: Tbat the Commission support Staff's recommendation to amend Chapter VII (Recreation ProgramslFacilities), Section B (Programs) of the Master Fee Scbedule to establisb a $15.75/hour rental fee for the occasional use of City pools by tbe ARCO Olympic Training Center. 6. COMMUMCATIONS A. Written Correspondence B. Commissioners' Comments The meeting was adjourned at 8:02 p.m. Respectfully Submitted, Carol Ree, Acting Recording Secretary I) /_Š ---,_....__.__.~"..~._._.._.~-----_.._---_.,.._-._.- -_.._-_..__.._...~ YIuK-/ / MEMORANDUM March 21, 1997 To: The Honorable Mayor and City Council Via: tlf- John D. Goss, City Manage f:.fi~ From: Jess Valenzuela, Director of Parks, Recreation, and Open spacer¡ Subject: Additional Infonnation - Resolution 18610 - Amending Master Fee Schedule The staff report on Item I I of the City Council Agenda for March 25, 1997, Resolution 18610, indicated that additional infonnation would be provided regarding arrangements that other agencies have made for the use of swimming pool facilities by Olympic Teams. This additional infonnation is as follows: _ The Men's National Olympic Water Polo Team utilizes a portion of the Belmont Plaza Pool in the City of Long Beach. The team has been based there for approximately 15 years, and uses the pool 2-3 times each week for practices that last from 2 to 4 hours. The City of Long Beach charges the team $22.50Ihour, which includes the cost of a Lifeguard. The rental fee is 50% of the normal full pool rental rate of $45. OOlhour, since the team utilizes approximately half of the available pool space for their activities. _ The Women's National Olympic Synchronized Swim Team utilizes space in swimming pool facilities on the 32nd Street Naval Station in San Diego. The team has been practicing at the Naval Station for a period of approximately 5 years, and utilizes both indoor and outdoor facilities on a seasonal basis, generally for periods of 3-4 months. The team uses pool space for 7-8 hours each day, 5-6 dayslweek during the practice season. The pool use is provided free of charge, as is lifeguarding service that is provided by the pool staff. h:\home\parksrec\a113\otcreprt.add j/-¡p ------_.,- --_._._-~~_..__._- COUNCIL AGENDA STATEMENT Iteml~ Meeting Date 03/25/97 ITEM TITLE: Resolution /8"& / ~ccepting bids and awarding contract for the purchase of four animal control trucks (3 intermediate size, one full size). SUBMITTED BY: Director Of Public worksJ r' Di<,,,,, of '\rum« ~ REVIEWED BY: City ManageV~ þ~ /7. (4/5ths Vote: Yes_Nol) On February 27, 1997, the bids for t pu;chase of four animal control trucks were opened, Sixteen prospective bidders were contacted, Five bidders responded, The lowest responsible bidder was Mike Farguson Chevrolet with a net total price of $97,727.67. RECOMMENDATION: That Council award contract to Mike Farguson Chevrolet. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable DISCUSSION: The FY 1996-97 Equipment Replacement Program provides for the replacement of three Police Department Animal Control Division trucks. As part of the "COPS" Federal Block Grant, Council approved (at the meeting of 10/22/96, Resolution # 18474, attached) the purchase of one additional animal control vehicle. The lowest bidder and the local vendors' tabulation by item is shown in the table on the next page, When the FY96-97 Equipment Replacement budget was formulated, the replacement costs used were for 2 intermediate animal control vehicles and one full size pickup. However, the prices used for the intermediate animal control vehicles were significantly understated. Public Works Operations' staff had no recent similar vehicle purchases to compare prices and used adjusted prices of the vehicles being replaced, Unfortunately, those did not include the cost of an animal control utility body. The amount included in the Replacement Budget for each truck was $15,351, while the actual cost including sales tax is $23,006.17, a difference of $ 7,655.17. The full size pickup is used by the Animal Control Manager and had sufficient mileage to warrant replacement this FY, However, when the Fleet Manager reevaluated Animal Control's vehicles prior to going to bid, the latest maintenance data on the pickup and an animal control vehicle that would have been recommended for replacement in FY97-98, indicated that the animal control vehicle should be replaced this year instead of the pickup, Since the Division does not have a full size animal control vehicle capable of towing livestock trailers in Chula Vista, the determination was also reached to purchase a full size pickup with trailer hitch and animal control utility body rather than the intermediate size of the other vehicles being purchased. The amount included in the Replacement Budget for the pickup truck was $17,926, while the actual cost including sale tax is $26,644,24, a difference of $8,718.24, /d< -/ Page 2, Item___ Meeting Date 03/25/97 Bid #8-96/97, Animal Control Trucks lrem, QuantitY MiRe Farguson Fuller Ford Pomona Buick &. [as her Auto Fair\~ew Ford Chevrolet GMC Center, Sales. San Woodland Bernardi no ì Intermediate Size i ! Animal Control 21,351.43 ! 21,637.00 I 21,432.00 No Bid 21,513.00 ! , TrucR,'@L r $21,420.631 i , , , , ---j i Price before sales $21,139.92 NA NA NA ! i tax including 1 % ì i I ! i savings for local i i i i k b;d""~_w_L 0t - I I ---------- ------------j I Extended Price for ! i i i 3 vehicles 64,054.29 I 64,911.00 64,296.00 64,539.00 i , , ! f ! i j - ---.----+--------- ------- ~ I Full Size Animal ì, i i ¡Control TrucR, (1) 26,644.24 ! 26,684.00' 26,662.00 29,000.00 26,825.00 I , ' , i : , . , ! ~-------------------------"---------- ---------- "--_._"----- --ÑA ---1 i Price before sales $26,377.80 i $26,417.16 NA NA ! ! tax includin9 1 % i i , ! savings for local i ¡ ¡ . , i : bidders. : i 1-------------------- --------·---------t------------- .-------------- ------------- _______________J i Net Total 90,698.53 i 91,595.00 90,958.00 Incomplete 91,364.00 i I Total including i i Incomplete , , , l 7.75% sales tax 97,727.67 L98,693lli 98,007.25 ¡ 98,444.71 : AL TERNATlVE FUEL Alternative fueled vehicles were not offered by any of the bidders, In addition, due to the animal cage utility bodies it would be difficult from both a weight and space standpoint to have CNG tanks on these vehicles. More importantly, CNG vehicles do not have the range required by these vehicles. FISCAL IMPACT: Because of the error made in price estimation for the intermediate vehicles and the change in vehicle being replaced for the full size pickup, insufficient funds were included in the budget. Only $48,628 was appropriated instead of the $ 74, 721.51 required. It is recommended that Council authorize that the additional $26,093.51 needed for the three replacement vehicles be taken from the unused $45,000 in the Emergency Replacement portion of the Equipment Replacement budget, The $23,006.16 required for the "COPS" vehicle is available from the grant. C:\WINWORD\BUDGEr\AII3AcrK.DOC / ~ r d-... -"'--.....--......---. RESOLUTION NO. I?'/; II RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE PURCHASE OF FOUR ANIMAL CONTROL TRUCKS (3 INTERMEDIATE SIZE, ONE FULL SIZE) WHEREAS, the FY 1996-97 Equipment Replacement Program provides for the replacement of three Police Department Animal Control Division trucks; and WHEREAS, as part of the "COPS" Federal Block Grant, Council approved (at the meeting of 10/22/96, Resolution # 18474) the purchase of one additional animal control vehicle was approved; and WHEREAS, on February 27, 1997, the bids for the purchase of four animal control trucks were opened with the following five bids received: Bid #8-96/97, Animal Control Trucks Item, Quantity Mike Farguson FLlller Pomona BLllck Lasher Auto Falrvlew Ford Chevrolet Ford &GMC Cenler. Sales, San Woodland Bernardino n erm,,¡a e lZe 21,351.43 21,637,00 21 ,432.00 No Bid 21,513.00 64,054.29 64,911.00 64,296.00 64,539.00 26,644.24 26,684,00 26,662,00 29,000.00 26,825,00 , 97,727.67 98,693.61 98,007.25 98,444.71 WHEREAS, the lowest responsible bidder was Mike Farguson Chevrolet with a net total price of $97,727.67. NOW, THEREFORE, BE IT RESOLVED the city Council of the City of Chula vista does hereby accept bids and award the contract for the purchase of four animal control trucks (3 intermediate size, one full size) to Mike Farguson Chevrolet in the amount of $97,727.67. J.).-J _ _ ~.___ ._~._~__~..~_.___."u_'._~n_.'·'_···' ---------_._....".~.__.. BE IT FURTHER RESOLVED that the Purchasing Agent of the City of Chula vista is hereby authorized and directed to execute said contract for and on behalf of the city of Chula Vista. Presented by Approved as to form by John P. Lippitt, Director of ty Attorney Public Works c:\,..\truck.ac /;¿ -f U"___'_'" -- --- ~-_._,..._----".._..__.- ..--.-..----- RESOLUTION NO. 18474 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY 1996-97 6UDGET TO ADD $36,165 FOR 1 FTE ANIMAL CONTROL OFFICER, $23,453 FOR .5 CRIME PREVENTION SPECIALIST $10,000 FOR PATROL OVERTIME, $33,000 FOR CONTRACTUAL GRANT WRITING SERVICES AND $95,783 FOR EQUIPMENT WHEREAS, during the FY 1996-97 Budget process, Council authorized the Police Department to pursue funding under the Local Law Enforcement Block Grant and form an Advisory Committee to review the use of funds as stipulated by the Block Grant; and WHEREAS, the Omnibus Fiscal Year 1996 Appropriation Act, Public Law 104-134, provides $503 million for the implementation of the Local Law Enforcement Block Grant Program, administered by the Bureau of Justice Assistance; and WHEREAS, Chula Vista is eligible to receive $257,401 of such funds; and WHEREAS, funds must supplement and not supplant and must be used to reduce crime and improve public safety through activities such as hiring, training, and employing new law enforcement officers and support staff (includes animal control) as well as procuring equipment and technological advances related directly to local law enforcement; and WHEREAS, Council directed the Police Department to find funding for staffing of the Crime Prevention Program, cut during the FY 96-97 budget process. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby amend the FY 96-97 budget to add $38,165 for 1 FTE Animal Control Officer, $23,453 for .5 Crime Prevention Specialist, $10,000 for patrol overtime, $33,000 for contractual grant writing services and $95,783 for equipment. Presented by Approved as to form by " .') (\ / ,. f/; ¿ I . I .- 1_.- ~ I / Ú--- ~~ 0 ,. . / ., / l . \ ,. 'j-'1...(,.,. \-/...."-"_', '..........~ . . Richard P. Emerson Ann Y. Moore Chief of Police Acting City Attorney /:2 ,5' -- -_._-_._-~.._""----_..._-----..,. '--. Resolution 18474 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 22nd day of October, 1996, by the following vote: AYES: Councilmembers: Alevy, Moot, Padilla, Rindone, Horton NAYES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Æü~~ Shirle Horton, Mayor ATTEST: . . ) B~A~~le~ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHUlA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No.1 8474 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 22nd day of October, 1996. Executed this 22nd day of October, 1996. (}~ Beverly . Authelet, City Clerk )c2-¡" COUNCIL AGENDA STATEMENT Item 0 Meeting Date 3/25/97 ITEM TITLE: Resolution / g' ¿, /,;L. Approving an Amendment to the Chula Vista Portion of the 1996 - 2003 Regional Transportation Improvement Program (RTIP) and Authorizing its Submittal to the San Diego Association of Governments, SANDAG SUBMITTED BY: Director OfPUbl~C WOrk~ REVIEWED BY: City Manager~ tc1:¿: ~ (4/5ths Vote: Yes_NoX) On March 5, 1996, the Chula Vista City Council held a public hearing and approved a Resolution (attached) adopting the 1996 - 2003 seven year Regional Transportation Improvement Program (RTIP). On July 26, 1996, the SANDAG Board of Directors adopted the RTIP including the TRANSNET program of projects. The RTIP covers Fiscal Years 1996 through 2003. This is ChuIa Vista's first amendment to the 1996 - 2003 RTIP and primarily concerns changes to the cost estimates and schedules of projects in the biennial element of the RTIP (FY 1997 and 98). The SANDAG Board of Directors will consider amendments at its June/July meeting, The deadline for local agency project submittals to amend the RTIP is April 1, 1997. RECOMMENDATION: That Council approve an amendment to the Chula Vista portion of the 1996-2003 Regional Transportation Improvement Program and Authorize its submittal to the San Diego Association of Governments, SANDAG. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The 1996-2003 San Diego Regional Transportation Improvement Program (RTIP) is a seven year program of proposed major highway arterial, transit, bikeway and aviation projects. Development and approval of the RTIP by SANDAG is a requirement for the continued receipt of State and Federal Transportation project funding. The Proposition "A" TRANSNET Transportation Improvement Program Ordinance and Expenditure Plan, requires that all proposed projects in this program be included in the RTIP. The Proposition "A" ordinance and expenditure plan also states that revenues generated by the sales tax measure will be used solely for transportation improvement projects. The Chula Vista RTIP was adopted by the City Council on March 5, 1996 following a public hearing. The adopted RTIP is consistent with the City's Capital Improvement Program. The projects and their corresponding amounts were programmed as follows: /3-/ , - ,,, Page 2, Item_ Meeting Date 3/25/97 I I Current I Proposed I Project Amount FY Amount FY I. Otay Valley Road (ST-123) $20 I ,000 96-97 $201,000 96-97 2. Broadway, Naples to Anita (ST-143) $460,000 96-97 $460,000 96-97 3. Main St., Industrial- Broadway, Ph. I (ST-916) $2,039,000 96-97 $2,039,000 96-97 4. Main St., Industrial- Broadway, Ph. 1I(ST-9l6) $2,786,000 97-98 $2,786,000 97-98 5. E Street, 1-5 to Broadway (ST-9l4) $767,000 98-99 $1,480,000 97-98,98-99 6. Palomar St., 1-5 -Industrial Blvd. Ph. I(ST-922) $854,000 98-99 $454,000 98-99 7. Main Street, Broadway to Third (STM-324) $4,500,000 98-99 to 00-0 I $4,500,000 98-99 to 00-0 I 8. Main Street, Third to Hilltop (STM-321) $5,000,000 00-0 I to 02-03 $5,000,000 00-0 I to 02-03 TOTAL $16,607,000 $16,920,000 The projects involve widening and reconstruction work, including but not limited to, installation of asphalt concrete pavement, curb, gutter, sidewalks, street lights, drainage facilities, etc. Approval of this Resolution will constitute the first amendment to the 1996-2003 RTIP. The amendment consists of the following: I) Increase the program amount of Project No.5, E Street, 1-5 to Broadway, from $767,000 to $1,480,000. The original estimate for this project was for a right turn lane at E Street and 1-5. The revised scope of this project will include reconstruction of the pavement surface trom Broadway to 1-5, a drainage system and median improvements. Due to an excessive crown the existing pavement surface must be reconstructed. Further traffic studies will determine if the right turn lane is still warranted, since the opening of State Route 54 has relieved traffic along the street segment. The design phase of this project was moved up to FY 97-98 to allow for the Improvements to be constructed in the beginning of FY 98-99 (July of 1998). 2) The scope of Project No.6 Palomar Street, 1-5 to Industrial Boulevard has been broken into two separate phases. The first phase will not change the street's geometrics or add additional capacity to the street, but will rehabilitate the existing pavement through reconstruction. This project will also increase pedestrian safety by adding asphalt walkways. The Projects second phase will include widening to 6 lanes, undergrounding of utilities and drainage improvements. Funds for Phase II will be programed in future years when redevelopment of adjacent property occurs or when improvements to the I-5/Palomar Street interchange are funded by Caltrans. The net reduction in cost for phase I improvements is $400,000. )3---02-. ----..- -,,' -..-.--.-- -~-- Page 3, Item_ Meeting Date 3/25/97 The amended list of projects to be proposed for inclusion in the upcoming R TIP amendment, along with the corresponding estimated costs, is presented in Tables I and 2. The revenue/expenditure estimates are shown on Table 3. FISCAL IMPACT: TRANSNET Revenues to be allocated to the City of Chula Yista in Fiscal Year 97-98 is estimated at $2,986,000. $2,786,000 of these funds will be used to complete the construction of Main Street between Industrial and Broadway, and $200,000 will be used to acquire right of way and fund design costs for E Street trom Broadway to 1-5. Funds for these project must be allocated by future Council action in conjunction with the CIP. DCD File #0390-45-KY ·174 (M,IHOMElENGINEERIAGENDA IRTIP97.DCD) March 18,1997 (3:51pm) ",,!f~" \.~O \. )3-.3 .. .-.....---..-. ---.- -.-"-.--.----.. "-'----'''''-- RESOLUTION NO. / gr¿):2.., RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING AN AMENDMENT TO THE CHULA VISTA PORTION OF THE 1996-2003 REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM (RTIP) AND AUTHORIZING ITS SUBMITTAL TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS, SANDAG WHEREAS, the San Diego Regional Transportation Improvement Program (RTIP) is a seven-year program (fiscal years 1996-1997 through 2002-2003) of proposed major highway, arterial, transit, bikeway, and aviation projects; and WHEREAS, the annual development and approval of the RTIP by the San Diego Association of Governments (SANDAG) is a require- ment for the continued receipt of State and Federal transportation project funding; and WHEREAS, the "Proposition 'A' TransNet Transportation Improvement Program - Ordinance and Expenditure Plan" also requires that all proposed projects funded with TransNet funds be included in the Regional Transportation Improvement Program (RTIP); and WHEREAS, this is Chula vista's first amendment to the 1996-2003 RTIP and primarily concerns changes to the cost estimates and schedules of projects in the biennial element of the RTIP (FY 1997 and 98); and WHEREAS, the amended list of projects to be proposed for inclusion in the upcoming RTIP amendment, along with the corresponding estimated costs, is set forth in Tables 1 and 2 with the revenue/expenditure estimates shown on Table 3. NOW, THEREFORE, BE IT RESOLVED the city Council of the city of Chula vista does hereby approve an amendment to the Chula vista Portion of 1996-2003 Regional Transportation Improvement Program (RTIP) and authorizing its submittal to the San Diego Association of Governments (SANDAG). Presented by Approved as to form by John P. Lippitt, Director of City Public Works C:\1"'8\rt1p /.3-f .--- .~ ...._...-...._--~._-----_._~---'--_.__.._'-_..- N '" :I~ - I'- ·øt~ 0 ~ .tðl~ "' '" 0 0 0 0 ~ . '" z z z z ~ ~'!:( >- 1ij m ....- '" <0 ì£ftl .c àj C/) C ~¡;t;~ .. 0 ....<o<o;ð,;.. . .c I'- "C;J"LO(D"'" '" coO)comm a. m 0> 0)0) C»C» 0)0)0)0> m 0)0)0)0)0') . 'E '" E . c. '5 0- W - "' '" 0 I'- :ë m " ~ '" m è ~ '" U')L()l{)OQ '" 0000 0 0 0 lOl.(.) I.{) I[) 0 0 oi ci duicómo aj deiccri ai <Ó <Ó <D M M ~'Lri ci > 0 ~ 0 ("')M~l.{)c.o m V<alOM '" '" '" mmoN~ '" t<. N N T"""m_v I'- .... "'0 0 I'- I'- ~~~ "':. .c Ñ N- M Ñ N" íiì Z e ~ ~ C 0 '" ~ - ::< ¡-.. ~ <: '" ~ c. s:. 0 0 t<. Z ñi - ¡-.. õ ..... u t:. ¡¡:¡ f- W .... ....¡ ~ ê a:¡ Q., "' 0 <r:: ¡-.. '" U1lOl{)OQ '" 0000 0 0 0 tOU')lOlOO 0 13 'S: '" ::J E-< ¡¡:¡ '" ci dlric.åc.6d aj dddm ai <Ó <Ó cDMM~Lri ci ~ Z 0 0 MM,-l()tO m 'l;J"tDU')("') '" '" '" mmONCD '" iñ <ZI N N T"""O)V I'- .... "'0 0 I'- I'- ""''''''.,....0) .... C Z "' ~ Ñ Ñ ",- Ñ Ñ ~ 0 ï:: £ ;2 C '" Ü ¡-.. 0 -- >. ü wwæüü f- wwæü f- ü f- wwææü f- >: Q., CD - ~ ¡-.. 1;) '" '"" ~ '" '" '" '" I'- ,,!. -< '" ~ '" '" '" '" 0 c. d ci d ci . Z '" ~ E ~ 0 a. '" 6 1;) æ gj 1;) 1;) C C æ C C '" 0 '" '" "'13 .., 1;) ,j -g ...!.::J -a 0 C c.þ C . "'C) > '2 '" ffi ffi '" "' 0- "'C '" C C 0- 0'- 1;) ñi ñi ~8 cu ",c C - . '" "'1;) 'C 'C '" '" ã: -1;) iñ1;) -1;) .aæ ~~ "'c "' c oð Æ'" ::Jc_ ::J '" "1;) ~g> '" . c.", 1;) '" '" 1;) _ § c E tJ)W c - ~.!!J '" c - '" '" -- '" ~·c '" z·- c.£: ~ c.£: r/) Õ'" "'.- c iii a: iñ ..a.ê c c '" :Ráio.. '" c cu ::J c :> "'1;) ",,,,.c l:J ·c '" C "...J 0 ",.- ~:Q. ~:Qa. (J) '" C).- 1;) ._ ~~c 5:Q . '" cu '" >0- 0. C o~ g "':s: c ":s: " ::; CD § ;::W .c a:::ü.þ " 0 CD 0 áj:s: g;- m~:g . .- . .- ü >o>O(J) ..r Õ -- õ a:: . "w - Q);:: C ~~::J " >o::J " >o::J - >0 m .. 0 .=~ 8 co....z "~~ " '" ~ " ~ c.C/) ~ - ~ '" (J)" ;:- (J) - (J) -=3:(;) 1! >w >"'æ 1;)OOc OO1;)C OO1;)C -1;) SOO i:3 >oW "'cuo C"'O C"'O 00", ..;< (U'Q)"C e:oe g .- 0 0 .- 0 0 - 0 >. "'~" "'~" ~m "I " õ:sæ CD < a:: ::<CDæ ::<CDa:: ,ª-a. C " If ~ N '" .... '" /3-S- -_._----~.,...- --~. --~--~.~-,----,-_._.."'.,-_.- :Þ Q) -..I 0> cc () => <J 3: ;u:r:;;: ::!:en:Þ;;: ;u=> <J ~ :r: .. m=n;¡ -'=:-<0) CDa,D:I ." ::þ r 0;::;:-' a.('DCD-. OCQ en <:' OO:J CD('D:::J:::J 0003 0 ~ :J"'Ccn :::Jr+c(/) ::1- .-+ m < '"0- :rœCD_ Cf:::::!.Q) '< en "'C ~ -.. ..., CC:J"" :::r!!:!.. .., 0 .. õï c:c:·m Q.D:lm c en - m ::J S¡CD~- O)_:J_.-+ SleD=;- () :55 -. :J=rQ. _.0 CD ::r m -I 0 I m Q.(D CD 0 £. m c :J =ij :::J~(1) ;ocng:CD :::JCD.r+ ñ) ce. "' ë:~ ()OO~ OJ IT :J g> rom gs.[ro a.~ ::; CD . :J CD :J::roe: CD ~ ~ ~ :;; 5':J rn CD <;::J I CD Q) 5' t5 ca-! ::;::l.~CD :Em (Q ...... m::r c'<-....., -.:::J - :::J~' 54.00 0._ po a.Q. õ';:o:CD~ ~(;¡ <J :Þ =>'<~< -. - < ï::c:: < ::J D) - m CD -'rom (Q:J \0 ::J :J 3m'< mC. \0 2. C ;::;:::J m :J 9' :::J CD (J)::J a. 0 ~ Q) '3:0. W -. :J m -I ~ _.~ ~ ~ :J~ ~ - ~ a ;u <J _ ccï ..., 0 ~. 0 0 0 {gZ o ~ é.o N ~ >- - (J)... U1 CD t'"'" ~ ~ -J DJ [J _ '< ':<: ." -. -i o;um -i o;um -i o;u m O::¡ o g ~ - => :> ~ _CJ1_W _~_w ijï Z :::J a W<O-..I U1 .¡:::.......¡w ,t:.. tv -'" 0 tIJ ~ 0 mow 0 -..,f\.)o (J' -..1-"'0) JlJ Z 2 99J9N 9 ~µt9 ~ fJl91.J:>. 15. trI ~ Sl 0 000 a 000 a aoo m ""'Ì > õ' "C tJj _~ ~ l' -i ..... tT1 _ tI1 _ -i n ~ -J DJ _ >=' Z '7j o 0 -ð> ;;: ~ ~ D.I >- DJ ~ -J t:!:. 0 _ o ~ 0 æ U1 W .þ. W Z ::-:' a W<D-...J è.n ~-..IW .þ. I\J ... '"I1 < 0 CJ)ow 0 -..11\)0 U1 -..1-'" c.n ... 0 a (DON a CJ1c.no .þ. 0101.þ. (D ~ a 000 a 000 0 00 0 ~ ~ o ~ õ' m <J - m .t:J c: -5' 3 () È: <J ~ o 000 00(0 <DtDtD ffi W"'-'" -"'0<0. <0<0<0 .. '- '\, '" .'" en ~ ~ .:: 7' ::r !If;Q, (}1 () ð7'~' ....110 CD ~ ~ ~ 1:1 (;j ~ SîBt1 / J---h .-.-. .-.- ._"._..._."._-~_.-_.-_.~-, -- --- a:: m ...... C') < ,,'\. m 0 0 w - - Ñ >- I"-- I"-- r..:. 00 00 m 0 m m m m m m 0 0 ...J - - - - I - I 0 < CD CD CD I'-- 00 00 m ...... (,) m m m m m m m 0 >- ¡::::: - õ CO rn 00 0 ü: m m 0 W 0 0 0 0 0 0 0 0 0 I- 0 0 0 0 0 0 0 0 z z 0 0 0 0 0 0 0 0 ::> :J ...... 0 m CD 0 <:t Ô 0 LL. 0 0 CD C') 00 00 L() 0 0 W N <:t 0 I"-- <:t <:t L() 0 CO :E ~ ~ Ñ - ~ ..t 00 < N ...... L() ...J ~ ~ ~ ~ ~ ...J E-o S U (f ~ :!::: ...J ..., E < 0 (f :.::¡ I- ~ .... . 0 ï~ >- I- ~ .... :.::¡ >- >- G z Q ro ro M ~ >- 3: 3: >- 0 .... "0 "0 >- "0 ;:: -0 ¡;.¡¡ 7JJ. G ro ro ro .... 0) 0) bZ 0 e 0 3: ro O)£; > ..;¡ >- .... > 'c:: ::>::> ~ ;:: CO CO "0 0) :::t :::t 0 ~ 0 0) ro :::t c: 0 e:::LL. ~ 1ií "0 "0 0 0 ~u) a. 1-)- ~ (f c: c: .... 0 ~~ ~ ro a¡ ro ro CO CO < 0) :::: W "0 1i'i .c ~ "E "E "0.... J: °I ~ 0) c: ï:: .:: "'C .... ~ ro ro 0(9 0 .c u) > 1ií .c c: "0 .... I- ro 0) 0) L() :::t I- m c: 0- E-< (,) "0 :; :; ...!. "0 m oI c: .... "0 a¡ 00 W ro 'E 0 0 c: c: c: 0) 0) 0.1- .... ~ « 00 00 0) :::t mw ..;¡ L() "0 ro .... 0 0) >-.... c: C')z 0 "0 3: c: roU) ~ 0::: 00 c: ro 1i'i ro o_u) c.. ...!. m ï:: 'c: a¡ L() 3: .!: < NZ 1ií .... ..0 "0 m ~< c: (f (f ...!. "0 0) 0) :::t :::t c: c: ro:2 .... We::: 0) ã. "0 "0 0 .c II- ~ c: c: 0 0) .... c: ro ts 0) CO 0) l- I-- 0) Z c: c: ~ c: 0) c: LL....J ..0 c: 0) 0) :::t 0) 3: 0) 0< .... 0) 0) 0) 1ií ..0 0) a¡ 0) 0° "0 0) ~ ~ ~..o ~ ro ~ c: 00 ~ 0 0) 8 <if 0) - 0) O...J ~ e::: ..0 ..0 ..0>- ..0 """-0.. ~ 0) 0) ro ..0 <if e::: .... ~3: <if «>1- N >- a¡ .... 0) ~ U) 0)"0 <:tu) 0 ro 0) 0) a¡ 0) ro ~ ~ I:t: 1i'i .... ....- .... .þ 0 3: ....- ....- 0) ro .... a.. > U)0) u) 0) .... E U).... u) W a.. "0 .... c:OO ~ >- ro c: (f c: (f U) 0 c: I- ro 0 .- ro .- ro (ij .- "0 ïii 0 .... .... ro.c ro.c ~ ro c: 0 CO :20.. :20.. 0.. :2 ro :2 Z u ~ ...... C\Ï C') <:t L() CD I'-- co 1,3-l ---.---- __w__ -----,---~-_._..- . -..-..-.....--- ô -< ~ m -I ~ » 0 ;:c 0 0 0 to to to to to ~ I'\) ..... 0 to CD ....... m 01 ~ ~ , -- -- -- -- -- -- -- -- ~ m 0 0 0 0 to CD CD CD z ï (,) N ..... 0 CD CD ....... m 0 en OJ Þ-ò » \Q ~ \Q Z C'\ (") >:;0 I m ~ ~.~ <= ~ ~ Z CO ~ ~ ~ ~ ~ ~ ~ (") ~ (,) N N N N N N o~ ~ r N 0 CD ....... c.n ".Þ. (,) N ~Z CO C en CO <0 ..... 0) ..... 0) (,) .... 0 ~ CD CD .CD 01 ........ 0 <0 0-3g "'C m 0 0 0 0 0 0 0 0 ~ en 0 0 0 0 0 0 0 0 (") 0 0 0 0 0 0 0 0 ~ ~ » -< ;:c ~ ~ Z t;I: ~ t"" 0 X ~ ~ < (j:::t=(J'l ~ (,H m ;:c ~....0-3 -.. Õ c;')"'C ~ ;:c Z~t"" X 0 c;') 0 "'C s: ~ "U ~ ~>&2 z co ~ ~ ;:c UI N 0) ~~t"" 0 m 0 N N ~ -.. .... < ~ N ....... Z 0-3 0 0 0) (,) 0 ~ c en CD ....... ~ en w CD 01 Õ ~ en ~ 0-3 (") . >X"'C > » ~ t;I: r ~ ~~~. -< en ~ ~ ~ ~ ~ t"" m ~ (,) ~ .¡:,. ~ I'\) .!" N OZ"'C ~ » CD ~SO N (,) <0 N ....... 0 <0 ....... ;;0 0) 0 0 N (,) co 0 0 co .0 ....... 01 .¡:,. 0) 0 Z>-3(J'l ~ >-3~~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 :;00 0 0 0 0 0 0 0 0 ~ t;I:.~ >~ ~ ~ ~ ~ ~ ~:;o N (,) ..... N ~ ~ ~ ..... Z' ....... 0 0 c.n m N 'W ..... (j~ .¡:,. N N ..... ....... <0 .""" 01 .¡:,. .¡:,. m .¡:,. .¡:,. ..... ....... 01 ~Z 0 0 0 0 0 0 0 (,) 0 m 0) m m m m m ....... (,) (,) (,) (,) (,) (,) (,) 01 JJ-r ...__.._.._....__" ___o......_____.____._.__n_ COUNCIL AGENDA STATEMENT Item: /1 Meeting Date: March 25. 1997 ITEM TITLE: PUBLIC HEARING: PCS 96-04: Consideration of the remainder portion of Phase 2A and 5 (Neighborhoods 28,29,30,31 and 39) of Village Five of the Otay Ranch SPA One, Chula Vista Tract 96-04, consisting of 262 single-family lots and 265 multi-family units on 148.6 acres of land located south of Telegraph Canyon Road between future La Media Road and the future SR-125 alignment. RESOLUTION / ~¿j, /3 RecertifYing Final Environmental Impact Report FEIR 95-01 (SCH #95021012) and first and second addenda, readopting the statement of overriding considerations and the mitigation monitoring and reporting program for the FEIR and approving a revised tentative subdivision map for the remainder portion of the Otay Ranch SPA One, Chula Vista Tract 96-04, and making the necessary findin SUBMITfED BY: Special Planning Projects Manager, Otay Ranch REVIEWED BY: City Manager ~;;"l. 4/5ths Vote: Yes_No..xJ On November 19, 1996, the City Council approved Village One and Phase lA and a portion of Phase 2A of Village Five of the Otay Ranch SPA One, Chula Vista Tract 96-04. The remaining 148.6 acres in Phase 2A and 5 of Village Five were continued to January 7, 1997, February 4 and subsequently to March 4 because they are located adjacent to land owned by West Coast Land Fund (WCLF). The purpose of the continuance was to allow Village Development and WCLF the opportunity to meet together with City staff to resolve any issues that WCLF might have with this portion of the SPA One Plan. STAFF RECOMMENDATION: Approve the balance of Phase 2A and 5 of Village Five. BOARDS/COMMISSION RECOMMENDATION: The original Planning Commission recommendation was to approve Village One and Phase lA of Village Development's proposal. While no Boards or Commissions were required to act on the remainder portion of this tentative map, it was presented to the Planning Commission as an informational item on March 19, 1997. DISCUSSION: WCLF acquired, by foreclosure, approximately 288 acres within SPA One on September 6, 1996. The majority of this acreage is located in Village Five. After this portion of SPA One was acquired by WCLF, Village Development revised their original tentative subdivision map submittal to delete the /1 -I - ------.......- Item:~ Page 2 Meeting Date: March 25. 1997 approximate 288 acres in question. The revised tentative subdivision map, excluding the southerly portion of Phase 2A and 5 in Village Five, was approved by the City Council on November 19, 1996. Since the City Council meeting on February 4, McMillin Properties has entered into escrow on the approximate 1,036 acres currently owned by West Coast Land Fund. They have also submitted a tentative subdivision map for Phase I of the remaining 288 acres within Otay Ranch SPA One. The Technical Committee met to initially review the proposed new subdivision map on February 13 and will meet again on March 20. While there may be some consistency issues with the adopted SPA, which will be analyzed during the tentative map review process, representatives of Administration, Planning, Engineering and Parks and Recreation Departments determined that the design of the proposed subdivision map would be compatible with the remaining portion of VIllage Five (southern portion of Phase 2A and Phase 5) owned by Village Development. At the February 4, 1997 City Council meeting, Council directed staff to report back at this meeting regarding the status of West Coast Land Fund's potential sale of the property and what impacts that might have on the Village Development project. McMillin Properties current Phase One proposal is to subdivide only the area north of East Palomar Street in Village Five with single family residential units. The lot sizes and numbers are consistent with SPA One. The Village Five Core will stay on McMillin's property. While the area south of East Palomar Street has been submitted and is currently consistent with SPA One, McMillin has indicated that they will seek a SPA amendment to this area in mid-1997 (phase 2 Tentative Map). McMillin's current schedule would anticipate their Phase I tentative map to be approved in May 1997. They have indicated that their escrow will be complete and they will take title to the property when they receive an approved tentative map. ANALYSIS: The remainder portion of Tract 96-04 consists of 262 single-family lots and 265 multi-family units on 148.6 acres of land. This remainder portion also contains 2.6 acres of a larger (10.1-acre) neighborhood park, a 1.3-acre pedestrian park and 3.6 acres ofCPF land. Staff was concerned that this remaining portion of the tentative map not only be compatible with the uses proposed for the adjacent land owned by WCLF, but that it be able to stand on its own regarding requirements for parks, schools and CPF land. Schools: The remainder portion of the project generates a need for 2.53 acres of elementary school, .70 acres of middle school and 2.00 acres of high school. There are no schools located on the remainder portion of VIllage's property, but the applicant will provide a high school site of 50 acres which is currently planned in Village Seven. Initially, the middle school requirement will be handled by the school which will be located in Rancho Del Rey SPA 3. Subsequent to that, a middle school will be constructed in Village Seven. The Chula Vista Elementary School District has required that the Otay Ranch SPA One provide three 10-acre elementary school sites (one in Village One, one in Village Five and one west of Pas eo Ranchero) to meet the needs of the development. The 2.3-acre elementary school requirement for the remainder portion of the map can be handled by the 10-acre site which will be provided in the area west of Paseo Ranchero. Currently, the development proposal for the area west of Paseo Ranchero would generate an elementary school site need for 3.84 acres, with the remaining portion of the tentative map generating a need for 3.85 acres, for a total of 9.99 acres. } 1j- e2., ~---'" Item:--> Page 3 Meeting Date: March 25. 1997 Therefore, the entire elementary school requirement for all of SPA One is met by the three elementary schools on site. Existing tentative map conditions of approval address the timing of construction of all elementary, middle and high school facilities. Parks: The project generates a need for 1.52 acres of Community Park and 3.04 acres of Neighborhood Park. The Community Park requirement for all of SPA One will be met off-site in Village Two, which is under Village Development's ownership. The Community Park in Village 2 is 25 acres and will accommodate the demand for all of SPA One (16 acres). The pending Village Development portion of the map provides 2.6 acres of Neighborhood Park, which leaves them .44 acres short. Conditions of approval give the City the discretion to either collect PAD fees for the Neighborhood Parks or to allow the developer to construct tum key facilities. Since this portion of the plan is technically short a small amount of park land, staff would suggest that the conditions of approval be modified to require PAD fees to be collected to meet the Neighborhood Park requirement rather than giving the developer the option of constructing the facility. It should also be noted that the entire Village Development application, including that which was approved in Village One, has provided an excess of Neighborhood Park land of .6 acres, for a total SPA-wide overage of3. 99 acres. CPF: The balance of Village Development's application for Village 5 generates a need for 2.10 acres of CPF land and the applicant is providing 3.6 acres, for an overage of 1. 5 acres. The entire Village Development proposal, however, must not only provide their requirement for Villages One and Five, but an additional 1.4 acres rrom Telegraph Canyon Estates. Taking this into consideration, Village still has an overage of 0.1 acres. The applicant has also submitted a proposal to develop 80 I single family units west of Pas eo Ranchero. This would generate a need for an additional 3.2 acres ofCPF, which must be provided in Village One. Taking this into consideration, the entire pending and approved Village Development application would be deficient 1.14 acres of CPF land. The applicants proposal also includes an amendment to the Otay Ranch General Development Plan/Subregional Plan which would reduce the number of multi- family units in the Village One Core by 305. This would result in a 1.22 acre reduction of the CPF requirement. With this reduction, Village Development would have an overage of .08 CPF acres. ComDatibilitv Issues: Staff has analyzed the compatibility of the existing tentative map and the proposal submitted by McMillin Properties for any potential conflicts in terms of traffic circulation or land use. Since the tentative map submitted by McMillin Properties is essentially consistent with the SPA One Plan, there are no compatibility issues. The one boundary issue that must be resolved is the maintenance and development of the paseo and Park P-9 which was discussed at a Policy Committee meeting on March 10 and at a Technical Committee meeting on March 13. Property lines bisect the park and paseo which were both approved as private, to be maintained by a Homeowners Association, with the Village Development proposal. McMillin Properties has expressed a reluctance to form a Master Homeowner's Association for their portion of the park and paseo and would prefer that they be maintained publicly. Village Development has indicated that they would not have a problem with the park and paseo being maintained by the City. The Director of Parks and Recreation has agreed with this proposal. )Jj- :3 _ ~..,._. "......____._____.___n'··.____~·__'__ Item:--, Page 4 Meeting Date: March 25. 1997 McMillin/WCLF Position: Representatives of McMillin Properties and West Coast Land Fund were present at the Technical Committee meeting on March 13. McMillin indicated they did not have a problem with the City Council taking final action on the remainder portion of Village Development's proposal on March 25, subject to their review of the proposed conditions of approval. Changes to two existing conditions of approval for the remainder portion were discussed which included: (l)modification to Condition #82 which would require the mandatory payment of PAD fees, rather than giving the developer the option to provide turn key facilities, and; (2)modification to Condition #20 regarding an amendment to the Planned Community District Regulations, that pertains to only property that VtlIage Development owns. West Coast Land Fund representatives indicated that while they may be in agreement with the proposed modifications to the conditions of approval for Village Development, as well as the public maintenance of the paseo and Park P-9, they would have to discuss this with their Board of Directors for their official position. FISCAL IMPACT: There is no impact of processing the Tentative Map application on the General Fund because Village Development is reimbursing the City through a deposit account. At this point in time, Village Development is CUlTent with all payments. !~~~ Attachments: r\..'\. ~o~svt~ Exhibit 1: Otay Ranch Tentative Map 96-04 Exhibit 2: Otay Ranch SPA OnelTentative Map Statistics Resolution of Approval with Conditions /1-1 . -.-....-. ".------- c - = ~ - . ~ ' ~ - Ii ~.~ ~:~¡~~~:~ ~ g ~;~ ~ ~ ~~ ~ ~'~ ~ ~ I~'~ ~;~ ~ "" o õ 8'88'8:818'88888 88' 1° 8 88 08 '°'8 88' 8 ¡ '~I.~ '-I-.'-..I.-ITI-I-'- -'.- - - 'I -¡ . - - '-I '1- . '-.-1 - .' " , : ,,',' , . ' I " I",,: , :" ""_" , '" ',.-.." Jï---~~~..;r.'.;'..;;r.... MIr-lco!M',O 0'.- ---~._...N.:;;:.; --. -¡-8-~-.:."'. -0. <O:¡¡;-. - '8 ..,:~: --:8'1.D'ii --"o'.<o!'<Õ ---;:: --'. . T -, - 1_-1-'.-- 10,.. MI..;",,'~lai uj,o,..t'cío,,;! ·N ,,":0>1 I........... '1'-.00,.... '., '<f, . IN_N (')-01;10 '" ': ~< ;¡¡: CI ....co (JI M'I ,NIN'.-............, '(0 N.MI 0 <OI(D 10 (g'CD '0·"...."'" 01.- ... 1<o'<D:o <D: I ' , :I't~ ;¡'I'~-~' I I I:::I~~·¡ -+hJIMM; , i....¡~ INNi~ !~L Ni~ INN-- : :!: I iu I ! WI I : I I I ' I I : I ; I I I I I ; ,¡¡¡: I 111I I >~ I -:---'~"""--I ' I: :----t-t~ .;:;::;--~~ r-- - ,-...".- ~:ùt--j-~ ~- F,", 10iOO "':;'":i"': M M 0 OM! ....'NOI, ¡ ¡81<.D(D ° 0,0, 18'''': ~ 8'J--. J--. oOiO iM :'E' I lùt+ ....:. c( G "",II'> 0 II'>,<.D,_ 0 M .... N M' 0,..... N ' , ,CD:OO M ~ cD, ,,'I:) ~ ,1M M .....,0> ~ J--.. 'G, - '" H.~h 1_'.- M - '-1- 1m Wlm""'"_11 '°1'" ~ OMIN! lo'~ MI 0'0 ° ~ô!o IN ,~..J I. I ¡" z,:=;u.. .....i<D·J--.·, I' I ~ cD_ill'>' ....1.... ,i~ ....'....I~'I I 'í I....:s ....:....., 1 ¡.2,-o. -0; !:¡ ~I>¡ I.....,.....;N:! ..... ! ¡;':! 1 i <Di I :~'l.a, ~I u..:r ¡O'O O,N 0 <D'~'IJ"JIMIO"'" 101,0'0; 1'8!1I'>';tì O~IJ"J;~ !8:....·;=-~ 1 8:OIim 0: '(ô - :;-~ --:-:fe rl>1~ iií~ O¡ ~ II ·.cO'~ ;oi<ri!M...r"OI"'; oi a:i~1I'> IN ~:"':I '. ·I~N I "':,J--.IMI I ·1a::J: cD, ·'~I~ ~,~,.,., ~.''''' I '.' J...., 101), ! >11 ël, <W' C Im,:x';:¡s!....: i·-'............ ~:M OII(D'N, 0 cD <D O,M!MI ,0 M,M' 0'0 0 ~!<.D!"" enlJ--. I <9' I....·' , Ì1Í1 ....,5; 0 i~:.....:¡Ñi 1 1 ¡ 'I:) ~"I'J--.I 1....1'-1 ¡ I I ~ ....n~i I I i-¡ 1 !-I" -I-!- :;;¡ ! I'~~'}, ~. ~: I : ! I I ! 1 I, I 1 ,! ',I', , : ,it:l I!~: '" !-~: :1 aJ~' 'II ~ i II..·. I~~ ~I~' ~ I~';:' ~Ii; 01" 'õ:! .. ~. N i ~IM: '. ~ ... ~:a::J:' ~I.;;¡! ~ ~ ::JRjllE'~' ~;¡;: 1 ¡;¡~'~, _!~ ::;1'111 g~ F' " , il'lll c~, ::; ~ a::_ G, <DiN ON a), ......', -g b ~..... l(::j ~ Øl~ ; ¡;¡ "":i"": "": ~ "':' ~ ' õillll ¡ 'iì ~I t!. CIS'¡j I~ml_ I~~o. ~I" ~IO C,. g:,~ C I' 0 '" wi ~ ~! ~ z 0 I I' III"E o,ii! w,ii! :¡ III :0 Ô 10'0 0 ~ -gl~1 ;;'I~ ~,'E " .... I 8;J--. J--. ....IJ"J'I:) """i(D .cl-, 1'.-0 oiJl :Ii-> 0''''. cOlO_ ""I..... 1,11'" _1.2 ",)! o æ ü:, - lI'>i ii II) ..... 0: '" _I" :Ii> jl ~' q¡ !ìf ,g::e g~ CI) g <: 00000000 <D 0 """ 8 N. N 8 - ~ 8 ~ ~ 81N Ñ !:',a) ",;:I ~ ~I "51'; (,J - II ..... 0 ..... 0 0 0 0 0 a) Sl!IM .[(Di<.D.. a::J: ~ 010 ..... ..... 0 N e!ll: .!' (1)' _ C.!;:. cD cDl ..... àSlm 0 .....'... 000 0 .... ..... 0.... ... z ::II E ", .c '. ¡.;;: æ50',"l N N " -:.; -, ~ :.!:!:!' _": !!.! ':;".'f",. ,J 1 " , I J ".,~"""J""~,,L.. ,_ l, I ,w, -, J -.,:,:',k " .,' ::,1" .,~Lf': ~ ',,' ;;;,"i:'S"'.~i0~6,,")",,*""U\:,"'" ~j 1 M ,M",,' Mt;"",~~ :'=~"'""""'''''i1'''':''''''^iéi:i/";"",,,t;0'''h/'" ,)\-,,;'1:, ,:ct.,/;""""," '" """iF >''' ,. " M , ,,,,d,,, M ,. M , ,1,]"':;&,,,, '",," d'" 0"~;;; "'¡&,,"\:1t"''''¡''' ~-,~"" ~ ,,' I· Mhibt.!r.; '"" ¡;";""':;"~ ;f;I~;"'~'I~'¡ "¡1'"1-;J:roo"'-"~¡ ';: ,£iim,,,"'~'~' :ii{'-":;fu';' ~ ''i '~"~."'''- ,- ~ ;"1 ,:.1, ~~ "";: ;. i&Æ!l7;"'''' ;Jt. ;1~Út~;;y",," ~:~""";¡; ,if.¡, .0;]' .- _ "ii"" J--. <D cD Ò """ Ñ N J--. a) a) cD ,"b': N cD 0 cD N a) Ò a) Ò cD !S N J--. -J ÒI:oe;" CI) ø _+~, 10 r-.: ItS M N oi g r-.: M ItS M @ g ItS 0 $ g ItS 0 II'i 0 $ þEi 01..... ~¡;'~ 0<'" ,";;' Q.. ¡¡¡ ." ~¡;¡$ J--. II) <D <D a) <.D J--. J--. <D..... <., <.D <D <D~~, <.D J--. :j;jt .... ;"-' !.:( Q ~+~' '0:], '/i,!;;:! =æ: ~õ ~'1: !:!!:!~CJ:!"1('.~~~!:!J--. % ãn¿:~ 8&:ß !i1D1~ 8@@· 8$i'; ~~~i0 !2)D: ;; h. .. G:' 51 - - ~ ~ ~ ° ~ ml_ ~ . .. ... ··1 . .. .." ... . ..,. 'I, . " s: ~ ! tI ,,;' a) a :g N ............... ã; &: ~ C;:¡'C;:¡ 0 0 ;! ~ ~ ~ .... 0 ..,. ~ 0 ~ ~, ~ ~ :s,,', ¡:: š!~ðjJ,,, ....-....-M- g -",,,, ~ ~ ~ III ";~f ~ 0: !:! ~ "': <.D ~ ~ ~ O:I"'! ::ð ~ ~ 8 ~ ¡ë ,'~ 81~ ~ 8:¡ ~ 8 ~ 5'" g ~ 2"'" ;!' :e ~ .! ~.::"'."> ~ ~ !2 N '" '" 0 0 :e ~ MI N gjlM 0 M M O¡IJ"J ItS 0''''; ...; 0 . ..; M . 0 " ..... !JJ ii!: ~ u..;;fi" cD N c_ N ...._ M - -,,;: - r ~ a..' 'ö¡:,..... M ;co; !U '" ~ 01,\; ° ° ° N ° ~ . ~ ~ ° .1 ° ~ N 8·1".1'" ° 0; 8·· j 8 N ",ii. 0. ,,'W, ~ . ~ ..". ~ ... . ,',,' .......,... N cD M '" '" :";'" """,," ..,. '" cD 11):"',, <D 01 (") --;'" 11'>" '" 0.... ~_lõ;~¡ ~~!:2~M:::~~~~~ 1 oi.. Or-.:r-.:.".i; ONN OMM oaioih!, ";.o::ù '",;, ,~i1 0-0'-:" 0 :x ~ Il) '" <.D ," ..... ... ,-,":,CC"", ........ ......,','~, .......... ~"",C ,..,," - @'; ...._> "I" ~ .....-N _._ ... ..... " .r-:. .".. 0"ii_ ...,., '" ... .-y>:t.,,--. ...._'_. '"",' .,. '" . _. '#!. ,_ ,..1m".... _,' ..... .~~... _ .... _ '."'.. "2, t ~ .~~._'i!!~h!!œ ·".WÆ "jj;;.,,,J.J""i,,...,,,.W:-'h"¡' ;¡¡,,,,,,,,,¡S's....,¡l,,,,,¡¡,,,,,,,,,.I,,;¡i¡¡;,,.i1.,L.¡,,,,"""'''''S¡t''''''''ili''''''lii .,JÎ"i!!- ,¡¡¡J iJIj;;11!111!S"!!tI!!I~i'.- Wi'''' ,,.., ~ .Bi~,.. I!:' _ 'iii"""'d.0<." ' ,¿;"'"'~' " '>¡¡-'''i'''~";'';''"''';;;'1' ";';"",-,"¡~','''i ';.'.".-;'""'¡""'¿'j;";;!'0~;,'""", """-"-,""""''''_,"",...".,,-,,,,,,],~_,_+;""''','''''',''j"""",¡';;j:>"""w""""",,,~M<4ik~¡'; 1'] '>'" if\.®.,^,H ~,__, ",,"~~"'i'\_,"''''"'''''''~'''>'' '.' CI) I, ï"'''io/1..lli'i><0~~; ¡, ~;#.T';.';~~¡¡¡'~'i. ", ;;;(~"'~'-¡;lil'~''''~ - i:1i."""1§j:::'-";.ii'~r"~"""""':;¡t;.-·"'"'''' '#.F;I~"":tJ?f -';Jt.'~¡ "BW;~-- ,,, ~:dfu¡..'=~"""'~'';'-'''' ~~ ~ õ!~ ~~~~"'!"':~!:!~~~ ,q ('.~ !:!"':~; ~"': ~"': o~ ~ "':~ ~ "":M -~ ~ ~. (.) it- 0;0 $! a) en ..... ::: ~ 0 0 ~ 01 ~ 'i'; .....1 en 001 "..;C 0 (J> 0 en 001 :0"' ~.... jj!d cDiMk' ; ~ ::E Q :e ~ î;1~ 7;:~': ~';\ ¡!di., ~ w '0 ~ II' 0 0 0 <.D M (D 0 0 10 0 II) 8 8 _8 "-- 0 0 0 M W §J "'Q, 0: 'õ :00 N ItS r-.: N ...; MOO w,«ilgj ., " ~ "": ~ II'> !: C' ~, ). "ii ü: ~ ~ NI '" ...,J--. 0 N ~.. M ('\ .... t'I '81 ;: õ } II) ... ~"¡"'" .' i,' i U E ~ ~¡"Oi ... :'~;; u... 13 o ~. ~i;" ~ ~ C! ~ "'! ~ ~ C! ~ C! "1 Sij g ð ~ 8 &df:~~ 8116 ~ 8'g g 88 8'µ± g;! 5iJ't~ ~I~ ;riJ !! 15 (':I 4') j ~J:, ~ ~ ~ N ..... (") 0 0 ~ ~ ~, N MOO"'; ..::i:¡ O'N N 000 0 NIN"-;;\ I") N ...;LY z 'it:~ ~"g ",; ~ 5 ü:~w II'> ... ~..... ~~ -->:' -ti~ ':~~ ~¡} i i ; f ".i,. 00 ° ° ° 01°[°10 ° ° 8 8 8' 8 8[8 ..... 8 8 8 8 8'8 8 8 8 8 8 8 '" < 0' . Ii! ~ . Ill18f 010 ~ 0 or °e ° .. t oj do ° ° ° ° ° t 0: 0, t ° If!; Z;n H J .: f¡:2~:::±,:~ <':J~~:~t;~l,~::::\~~fi~:i~;;~':~'1; ,~"~;'1 :j;;-~: '~:r¿~^ ';":::;::'~:,¡ ~!~r lE ;T~: ';;fu;:j,,;<:: "0ik¡~!(J: ;i~>:;b;:f;i ± h;.L~~'ª];;n];;':œ~ï:,:~ ;,~"~: t'~0[,ili!; _ ':1;;& a) NI. ~I~III) N.... """ ..,...,. """" N cD 8 ~ .,;"'; ..,. ~ 81a) "i: ~ 12;¡ :0;: ~ 'it!! o ',c:r 2 ., ,,'" ø ~ '# ,....,..... " OM M "', N (") '" 8 """ ,~." ....... ',/!' cD::,';1 ~ ,c' lE~~ $~m~$~~~gmg ~ ~~ O~ A! g~ O~ O~ ~ ~~ ~ ~~ ~~ ~ :'"' ~~"',,, ::" ¥':: ,'::~ Õ + a.. ,;0, _ G~,1m; 000 N N <D """ Il) 0 0... }::!; ° ~ M 8 <D Cõ;J"., 0.... '" 800 8 01 ãï¡~.:,' 0 """ .:¡¡.¡--~.' N.i.jfuj ::I~ ¡;;! N ~; ø >""1 ........... i N.....O oo'ð' """......... NÑ 0101,,:')' <DNIQ";¡r .....;r'"! .I!' III #¥ ~_~. m~~~<D~;!~~~~ ~ oi,cO~ oaioi~ oll'i. 0.. O~...;~ .r-.:N~ "':~. =>IS~ .- W" ·\1tt II) ~ ..... <D 0 J--. " .... ..... - ,,,,, ..-..... ..... ..... ~'" -..... -'''H~ Pi''-' -c;J - Q" ",,,,,, ... _ _ ~ -..,,,., +." jf<;,¡ -c;J 01 " " w{!.Õg¡f ...._'" 01 " '0": ~t!i .ie tI ~ :;;; C)". " ;" + lE ~ 1: :I 8m m 8!<D <.D 8 ~ '" 80 õ J--. m 11'>1' s! .. ~.III II ,('.('. _J--.I"': I ,"":1"' .I"'!~ II'> N~::I"2 !: 0 ... _> .. > 0 M ML 0 0 0 0 N NON N . .~. ... < , _ _ ~ ,- I~· N, ~ ~ .=:LI..,' -~ ;:;I;¡: ai -0 en .,;, ß'[=;t-> , I 31. ~ Ó .æ: ~ liE {:. >. " _, _ en ....J II.. 0 . 0.' 000 NO<D.,.II)IJ--.O",," 01 NN , ..... 8i "#. Q' ..I~! :;1.. ~ ~,.; ~Ig ~1~1¡¡j1~1 :>': ~I l~l~ ~ ~. I.~ ~. ~ iiì ~ ~~g¡ ~ -' ~ ~ ~151C ~iS~ 1 n;::¡ø TI ~, "IT "I" ¡¡i~l;jj''',~I; ¡ ! ~ "1"1'"' I~I~I 1~:~;~r~ltl "lll,,~II~I~~.· IIDtI ·lf~ID. n~.'rl~n···lf.ill·"I~I~I"il~I~~I!I~~· ~ ¡ c ~~ I~~ ~E ~'l;i . ..,~~ ';;1-- -~- ---' 1;1-- 11;I~~ .. IC"~(-~"I 8 " &! II)I;:E ~I~I I§' a...~1 lofl§I~~: I~I:I~ .!!!~;'!Igi I j!1,i:~1 ~I,!!g =;.~l: ~ CI~i~ ~1~1;~1~18~''õ'~ -6 -i:ì I ' ~ of: , Iu I' !III :.....- 'II' ,~ :::I: 111 0"_'-:::1 aI: ; :2 ':::I' all ]._,,~ ø 0,--, 111 !:..-..- of: QII '" en 1! ~ ~ ~ i~1 ~ 1I),~i"i: æi ,of é g] æ ,g' él g' æ! . "': él ~ æl : é: ìtíl æ ~ é' ,æ ~:eni§ æ.....J¡ 1 ~!" ø~;¡¡ ~ .5 0- II 0 II I <'. I ~.' !;;'~.' O''''~C'I'~I~ ..I~C ':¡'~I"'~c·IIÕ'~I"Ii!3'. "'~'I"I'C~ æ'~''''i!3 0.' I ·'1 ~ 11;, ¡¡I~I ~I' ~I ~ ~ .... Wi 01 wi ø, III! I ,I " I I 0 1 : -, ! I' ~I CI a.. _i::J: !I,<.D.ð!6 0 w z' 0::1 IUl :::EI~!II'>I. I~ 1 ~ I .¡: ~ 8, i -ª'i I.! 01 '~II' --1N E E II ~ I::, I I I I ~«lll ~¡~¡^I' II~ II ~ II I· I I'~ : I'· ~¡ I ~I I· ~¡ 1 ~1)n'~'~'~'I'~' ,.1J II: c Ic(', 1 '" -,"-' , e '-0" .¡:' 1 E' ,-' ::I ~E ...."6..;¡ > I~ Z ,...._ I I I 1-, ø, a,EI! E, II' -0' I !:III I I ø' £: I "" II o'~, 0, tI' g~' I, S iE':: E! 0:; ~:~: 1 8: ijj : 1 :i: 1 Zl 1 U: 1 0:(:, :llz UIUI~ ù.... < r=. .--.-.....-...-,-----.-,- - -- - " :c. -. -- I , '\ --- II , 'j ~í\' ;. '-'-:7; , <; , . , \ l î- -, !' l" I - ^,,'" ] ;L" I ¡ J----J (\-¡-~--- ¡ '" f. -_-31.. ¿ ~ H '" H >oJ ~\ :Þ '" 0 '" :z :<> '" 0 < '" '" '" 0 - - - :0 I'iI e H 0 .-,- z ...." \0 ... : \P'¡j - - , ~ .\ , ~ . . - - -- :0 '" ~ H -z '" ...-., t'1 :0 '" 0 :<> I'iI H 0 '" :z H 0 < '" t'1 < H i:" i:" /Y-t :Þ 'é co '" ì '" L; H ~I < , . '" , 0 ---- ..~-._-_.~----_.,,-,.,----~- -'--'--"---'~' RESOLUTION No. J~¡;)3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RECERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT FEIR 95-01 (SCH #95021012) AND FIRST AND SECOND ADDENDA, READOPTING THE STATEMENT OF OVERRIDING CONSIDERATIONS AND THE MITIGATION MONITORING AND REPORTING PROGRAM FOR THE FEIR AND APPROVING A REVISED TENTATIVE SUBDIVISION MAP FOR THE REMAINDER PORTION OF THE OTAY RANCH SPA ONE, CHULA VISTA TRACT 96-04, AND MAKING THE NECESSARY FINDINGS WHEREAS, the property which is the subject matter of this resolution is identified and described on Chula Vista Tract 96-04 and is commonly known as Otay Ranch Sectional Planning Area (SPA) One ("Property"), and; WHEREAS, Village Development filed a duly verified application for the subdivision of the Property in the form of the tentative subdivision map known as Otay Ranch SPA One, Chula Vista Tract 96-04, with the Planning Department ofthe City ofChula Vista on December 6, 1995, and; WHEREAS, Village Development filed a revised tentative subdivision map on August 9, 1996, and; WHEREAS, the revised application requested the approval for the revised subdivision of approximately 819.6 acres located south of Telegraph Canyon Road between Paseo Ranchero and the future alignment ofSR-125 into 3,873 residential lots, 172.1 acres of open space, one lO-acre school site and one 10-acre school site proposed in a yet to be determined location for the area west of Paseo Ranchero, 28 acres of neighborhood parks and 18.2 acres of community purpose facility lots, and; WHEREAS, City staff has recommended that Phases 2A and 5 of Village 5 (Neighborhoods 28,29,30,31 and 39) of the proposed tentative map owned by Village Development ("Project") be recommended for approval, as more specifically set forth in the staff report, and; WHEREAS, the development of the Property has been the subject matter of a General Development Plan ("GDP") previously approved by the City Council on October 28, 1993 by Resolution No. 17298 and as amended on May 14, 1996 by Resolution No. 18285 ("GDP Resolution") wherein the City Counci~ in the environmental evaluation of said GDP, relied in part on the Otay Ranch General Development Plan, Environmental Impact Report No. 90-01, SCH #9010154 ("Program EIR 90-01"), and; N-f )'1-7 -........--.... ----- --.,.---+-.-- ....---..----------.. WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area Plan ("SPA Plan") previously approved by the City Council on June 4, 1996 by Resolution No. 18286 ("SPA Plan Resolution") wherein the City Council, in the environmental evaluation of said SPA Plan, relied in part on the Otay Ranch SPA Plan Final Environmental Impact Report No. 95-01, SCH # 95021012 ("FEIR 95-01"), and; WHEREAS, this Project is a subsequent activity in the program of development environmentally evaluated under Program EIR 90-01, FEIR 95-01, and addendum thereto, that is virtually identical in all relevant respects, including lot size, lot numbers, lot configurations, transportation corridors, etc., to the project descriptions in said fonner environmental evaluations, and; WHEREAS, the City Environmental Review Coordinator has reviewed the Project and determined that they are in substantial confonnance with the SPA Plan and the related environmental documents and that the Project would not result in any new environmental effects that were not previously identified, nor would the Project result in a substantial increase in severity in any environmental effects previously identified; therefore Oldy an a Addendum to FEIR 95-0 I is required in accordance with CEQA, and; WHEREAS, the Planning Commission held an advertised public hearing on the original tentative map application on July 10, 1996, and another advertised public hearing on the Project on August 14, 1996 at which time the Planning Commission voted to: (1) recertifY FEIR 95-01; (2) readopt the Statement of Overriding Considerations and the Mitigation Monitoring and Reporting Program; and (3) recommend that the City Council approve the Project in accordance with staffs recommendation and the findings and conditions listed below; and WHEREAS, the City Council set the time and place for a hearing on said tentative subdivision map application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City at least ten days prior to the hearing, and; WHEREAS, the majority of Village One, Phase lA and a portion of Phase 2A ofVdlage Five was approved by the City Council on November 19, 1996, and the remainder portion was continued to a date specific, and; WHEREAS, a hearing on the Project was scheduled for January 7, 1997 and continued to February 4, 1997, continued again to March 4, 1997 and continued again to March 25, 1997 in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. NOW, THEREFORE, THE CITY COUNCIL finds, determines and resolves as follows: SECTION 1. CEQA Finding re Previously Examined Effects. The City Council hereby finds that the Project, as described and analyzed in the Program EIR 90-01, FEIR 95-01, and addendum thereto, would have no new effects that were not examined in the preceding Program EIR 90-01 and FEIR 95-01 (Guideline 15168 (c)(2)), and; CC032597.DOC 2 Jtj- 8' ...._-- . .--._~ -----.-_.."_.--_._--- SECTION 2. CEQA Finding re Project within Scope of Prior Program EIR. The City Council hereby finds that:(1) there were no changes in the project ITom the Program EIR and the FEIR which would require revisions of said reports; (2) no substantial changes have occurred with respect to the circumstances under which the project is undertaken since the previous reports; (3) and no new infonnation of substantial importance to the project has become available since the issuance and approval of the prior reports; and that, therefore, no new effects could occur or no new mitigation measures will be required in addition to those already in existence and made a condition for Project implementation. Therefore, the City Council approves the Project as an activity that is within the scope of the project covered by the Program EIR and FEIR, and, a second Addendum has been prepared(Guideline 15168 (c)(2) and 15162 (a». SECTION 3. Incorporation of All Feasible Mitigation Measures and Alternatives. The City does hereby readopt and incorporate herein as conditions for this approval all applicable mitigation measures and alternatives, as set forth in the findings adopted in the GDP approval (90-01) and the SPA approval (95-01). SECTION 4. Notice with Later Activities. The City Council does hereby give notice, to the extent required by law, that this Project was fully described and analyzed and is within the scope of the GDP EIR (90-01) and the SPA Plan EIR (95-01) and the Final EIR with first and second addenda adequately describes and analyzes this project for the purposes ofCEQA(Guideline 15168 (e». Notice on the SPAEIR was given on June 4,1996. SECTION 5. Tentative Map Findings. A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the revised tentative subdivision map for the Village Development's portion of Phase 2A and 5 in Village Five as conditioned herein for Otay Ranch SPA One, Chula Vista Tract 96-04, is in confonnance with all the various elements of the City's General Plan, the Otay Ranch General Development Plan and Sectional Planning Area Plan based on the following: 1. Land Use - The Project is a planned community which provides a variety of land uses and residential densities ranging between 3.5 and 36.8 dwelling units per acre. The project is also consistent with General Plan policies related to grading and landforms. 2. Circulation - All of the on-site and off-site public and private streets required to serve the subdivision consist of Circulation Element roads and local streets in locations required by said Element. The Applicant shall construct those facilities in accordance with City standards or pay in-lieu fees in accordance with the Transportation Development Impact Fee program. 3. Housing - The Applicant is required to enter into an agreement with the City to provide and implement a low and moderate income program within the Project prior to the approval of any Final Map for the Project. CC032S97.DOC 3 jL! -9 -----,~_..,"--+---_.,- .- ,'.-,- .--,---_..__...',-.. 4. Parks and Recreation Open Space. - The Project will provide their fair share of a 25 acre (gross) community park through the payment of PAD fees. There are no neighborhood parks identified on site, so the project will satisfy the PLDO requirement through the payment of PAD fees. In addition, a recreational trail system will be provided throughout the Project, ultimately connecting with other open space areas and trail systems in the region. Open Space - The Project provides 25.9 acres of open space, 4.8% of the total 540.7 a,cres recommended for approval. A program to preserve 83% of slopes greater than 25% has been established ranch-wide and is detailed in the recirculated FEIR 95-0 I, 5. Conservation - The Program EIR and FEIR addressed the goals and policies of the Conservation Element of the General Plan and found development of this site to be consistent with these goals and policies. 6. Seismic Safety - The proposed subdivision is in confonnance wit the goals and policies of the Seismic Element of the General Plan for this site. No seismic faults have been identified in the vicinity of the Project. 7. Public Safety - All public and private facilities are expected to be reachable within the threshold response times for fire and police services. 8. Public Facilities - The Applicant will provide all on-site and off-site streets, sewers and water facilities necessary to serve this Project. The developer will also contribute to the Otay Water District's improvement requirements to provide tenninal water storage for this Project as well as other major project in the eastern territories. 9. Noise - The Project will include noise attenuation walls as required by an acoustic study dated June 6, 1995 prepared for the Project. In addition, all units are required to meet the standards of the UBC with regard to acceptable interior noise levels. 10. Scenic Highway - The roadway design provides wide landscaped buffers along the two scenic highways, Telegraph Canyon Road and East Orange Avenue (Olympic Parkway). 11. Bicycle Routes - Bicycle paths are provided throughout the Project. 12. Public Buildings - The Project provides three elementary school sites and one high school site to serve the area. One elementary school site and the high school site will be off-site of the project. The project will also be subject to Public Facilities Development Impact Fees. B. Balance of Housing Needs and Public Service Needs. Pursuant to Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal CC032597.DOC 4 /Lj~){J ^__'m"'_~""_' ~__.._..._.m__+'_ .... ___. _.....______.___......+.___ and environmental resources. The development will provide for a variety of housing types rrom single family detached homes to attached single-family and multiple-family housing and will provide low and moderate priced housing consistent with regional goals. C. Opportunities for Natural Heating and Cooling Incorporated. The configuration, orientation and topography of the site partially allows for the optimum siting of lots for passive or natural heating and cooling opportunities as required by Government Code Section 66473.1. D. Finding regarding Suitability for Residential Development. The Village Five site is physically suitable for residential development and the proposal conforms to all standards established by the City for such projects. E. The conditions herein imposed on the gran! of pennit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. SECTION 6. Conditional Approval of Tentative Subdivision Map. The City Council does hereby approve, subject to the following conditions, as Exhibit A attached hereto and incorporated herein by this reference, the Project (revised tentative subdivision map for Phases 2A and 5 of Village 5 (Neighborhoods 28, 29, 30, 31 and 39) of the Otay Ranch SPA One,) Chula Vista Tract 96-04 based upon the findings and determinations on the record for the Project. SECTION 7. CEQAFindings of Fact, Mitigation Monitoring Program and Statement of Overriding Considerations. A. Adoption of Second Addendum. The City Council does hereby adopt the Second Addendum to the Final EIR 95-01. B. Re-adoption of Findings of Fact. The Council does hereby re-approve, accept as its own and re-incorporate, as if set forth fully, and make each and every one of the Findings contained in the Findings of Fact, attached hereto as Attachment A known as Document No. C096-056 which is on file in the Office of the City Clerk. e. Certain Mitigation Measures Feasible and Re-adopted. As more fully identified and set forth in the Program EIR and the FEIR and Addendum and in the CEQA Findings for this Project, which is hereby attached hereto as Attachment A, the Council hereby finds that, pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091, the mitigation measures described in the above referenced documents and adopted by the Council are feasible and will become binding upon the CC032597.DOC 5 /2/-// +.....---.--..- +-~-----_._-- ...._.._,_._~_.,._--,._._-_._.- -. -....-. Applicant and its successors in interest, and the City is required to implement these mitigation measures. D. Infeasibility of Alternatives. As is also described and comparatively analyzed in the EIRs (90-01,95-01) and the Findings adopted in each instance, alternatives to the Project, which were identified as potentially feasible, are hereby found not to be feasible. E. Readoption of Mitigation Monitoring and Reporting Program. As required by the Public Resources Code Section 21081,6, City Council hereby re-adopts the Mitigation Monitoring and Reporting Program ("Program") set forth as Attachment B to this resolution known as Document No. C096-057, which is on file in the Office of the City Clerk and incorporated herein by reference as set forth in full. The City Council finds that the Program is designed to ensure that, during the Project implementation and operation, the Applicant and other responsible parties implement the Project components and comply with the feasible mitigation measures identified in the Findings and in the Program. F. Statement of Overriding Considerations. Even after the re-adoption of all feasible mitigation measures, and any feasible alternatives, certain significant or potentially significant environmental affects caused by the Project or cumulatively will remain. Therefore, the City Council of the City of Chula Vista re-adopts, pursuant to CEQA Guidelines Section 15093, as set forth and attached hereto as Attachment C, known as Document No. C096-058 a copy of which is on file in the Office of the City Clerk, a Statement of Overriding Considerations identifYing the specific economic, social and other considerations that render the unavoidable significant adverse environmental effects still significant but acceptable. SECTION 8. Notice of Determination. City Council directs the Environmental Review Coordinator to post a Notice of Detennination for the project and file the same with the County Clerk. SECTION 9. Consequence of Failure of Conditions. If any of the foregoing conditions fail to occur, or if they are, by their tenns, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their tenns, the City shall have the right to revoke or modifY all approvals herein granted, deny, revoke or further condition issuance of all future building permits issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. CC032597.DOC 6 /t/- /..2 ____._.__..__~.'_m_ ._-~-_.,----- SECTION 10. Invalidity; Automatic Revocation. It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every tenn, provision and condition herein stated; and that in the event that anyone or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by: Approved as to form by: Gerard 1. Jamriska (LrvU:x~~ John Kaheny Special Planning Projects Manager City Attorney Attachments: Exhibit A: Conditions of Approval Attachment A: Findings of Fact ~ Attachment B: Mitigation Monitoring and Reporting P~ Attachment C: Statement of Overriding Considerati~ Attachment D: Second Addendum to FEIR ~ ~ ~O CC032S97.DOC 7 /1/- /3 --....----- ._._'__"'_ _ __..__._ __.__________'..m._..______··____·_·_m_____.__.. PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 25th day of March 1997, by the following vote: YES: NOES: ABSENT: Shirley Horton, Mayor ATTEST: Beverly A. Authelet, City Clerk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF ClillLA VISTA) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certifY that the foregoing Resolution No. _ was duly passed, approved, and adopted by the City Council at a City Council meeting held on 25th day of March, 1997. Executed this 25th day of March, 1997. Beverly A. Authelet, City Clerk CC032597.00C 8 ;1/-/1 .._·_m. --.-.. .....-....--.-------.--. TENTATIVE MAP - OTAY RANCH VILLAGE FIVE PHASE 2A AND 5 (NEIGHBORHOODS 28, 29, 30, 31 AND 39) FINAL CONDITIONS OF APPROVAL Unless otherwise specified or required by law: (a). the conditions and Code requirements set forth below shall be completed prior to the related final map as determined by the Director of Planning, Parks and Recreation and the City Engineer; (b). unless otherwise specified, 'tledicate" means grant the appropriate easement, rather than fee title. Where an easement is required the applicant shall be required to provide subordination of any prior lien holders in order to ensure that the City has a first priority interest in such land unless otherwise excused by the City. Where fee title is granted or dedicated to the City, said fee title shall be ITee and clear of all encumbrances, unless otherwise excused by the City. Should conflicting wording or standards occur between these conditions of approval, any conflict shall be resolved by the City Manager or designee. GENERAL/PRELIMINARY 1. Comply with all requirements and guidelines of the Parks, Recreation Open Space and Trails Plan, Public Facilities Financing Plan, Ranch Wide Affordable Housing Plan, Spa One Affordable Housing Plan, and the Non-Renewable Energy Conservation Plan, unless specifically modified by the appropriate department head, with the approval of the City Manager. These plans may be subject to minor modifications by the appropriate department head, with the approval of the City Manager, however, any material modifications shall be subject to approval by the City Council. 2. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. For purposes of this document the term 'Developer" shall also mean "Applicant". 3. If any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived ITom the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The applicant shall be notified 10 days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City. 4. Applicant shall indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attorney's fees, arising ITom challenges to the ,/. ViliS; Ph2A& S CONFINA2.DOC I / £/-- /~ Printed: 3/20/97 ..."_....~.__...._-'-". ---.... Environmental Impact Report for the Project and/or any or all entitlements and approvals issued by the City in connection with the Project. 5. The applicant shall comply with all applicable SPA conditions of approval. 6. Any and all agreements that the applicant is required to enter in hereunder, shall be in a form approved by the City Attorney. 7. The terms, conditions and time limits associated with this tentative map shall be consistent with the Development Agreement approved by Ordinance # 2679 by the City Council on March 4, 1997 ("Development Agreement"). 8. The applicant shall comply with the terms of the Conveyance Agreement, adopted by Resolution # 18416 by the City Council on October 22, 1996 ("Conveyance Agreement"). ENVIRONMENTAL 9. Prior to approval of each final 'B" Map, the applicant shall implement all applicable mitigation measures identified in EIR 95-01, the CEQA Findings of Fact for this Project (Exhibit *) and the Mitigation Monitoring and Reporting Program (Exhibit *). 10. Prior to the approval of each final 'B" Map, the applicant shall comply with all applicable requirements of the Phase 2 Resource Management Plan (RMP) as approved by the City Council on June 4, 1996 and as may be amended ITom time to time by the City. 11. Prior to the approval of each final 'B" Map, the applicant shall comply with the Otay Ranch Resource Preserve in lieu fee program to be adopted by the City Council. 12. The Applicant shall comply with any applicable requirements of the California Department of Fish and Game, the U.S. Department of Fish and Wildlife and the U.S. Anny Corps of Engineers. DESIGN 13. The secondary access in the southern portion of Neighborhood R-30 shall be surfaced with 'grass-crete", 'turf-block" or some other comparable material unless otherwise approved by the Planning Director and Fire Chief. Bollards shall be provided instead of the locking gate noted on the map. The bollards shall be located closer to the terminus of the cul-de-sac (parker Mountain Road), rather than adjacent to Santa Rosa Drive. 14. Any proposed monumentationlsignage shall be consistent with the Village Design Plan and shall be reviewed and approved by the Planning Director prior to approval of the appropriate final map. 15. In addition to the requirements outlined in the City of Chula Vista Landscape Manual, privately maintained slopes in excess of 25 feet in height shall be landscaped and irrigated to soften their appearance as follows: one 5-gallon or larger size tree per each 150 square feet of CONFINA2.DOC 2 It! -/6 ViliS; Ph2A& S Printed: 3/20/97 .~._........._.,.,. - ---" slope area, one I-gallon or larger size shrub per each 100 square feet of slope area, and appropriate groundcover. Trees and shrubs shall be planted in staggered clusters to soften and vary the slope plane. Landscape and irrigation plans for private slopes shall be reviewed and approved by the Planning Director prior to approval of the appropriate final map. 16. A comprehensive wall plan indicating color, materials, height and location shall be reviewed and approved by the Planning Director prior to approval of any final 'B" Map. Materials and color used shall be compatible and all walls located in comer side-yards or rear yards facing public or private streets or pedestrian connections shall be constructed of a decorative masonry and/or wrought iron material. A revised acoustical analysis indicating if view fencing, such as a combination of masonry and wrought iron, is allowable at the ends of cul-de-sacs backing up to Telegraph Canyon Road, East Orange Avenue and Paseo Ranchero, shall be prepared prior to submittal of the wall plan indicated above. If such fencing is allowable per the final acoustical analysis it shall be provided at the ends of the following streets: Parker Mountain Road, Geyserville Street, Jamestown Drive, Moss Landing Avenue, Porterville Ct., Firebaugh Ct., Street C4, San Dimas Ct., Hanford Ct., Rocklin Ct., Colton Ct., Rincon Point, Santa Inez Ave., Traver Ct., Vernon Ct., Lindsay St., Applegate St. and Dunsmuir Ct. View fencing shall be provided at the ends of all other open cul- de-sacs where a sound wall is not required. Any combination free standing/retaining walls shall not exceed 8.5 feet in height. The applicant shall submit a detail and/or cross section of the maximum/minimum conditions for all 'tombination walls" which include retaining and free standing walls. Said detail shall be reviewed and approved by the Director of Planning prior to the approval of the first final map. The maximum height of all retaining walls shall be 2.5 feet in height when combined with freestanding walls which are six feet in height. A 2-3 foot separation shall be provided between free standing and retaining walls where the combined height would otherwise exceed 8.5 feet. 17. Lots backing or siding onto pedestrian paseos or parks shall be provided with view fencing, such as three feet of wrought iron on top of a three foot masonry wall, subject to approval by the Fire Marshal and the Planning Director. 18. Should the applicant propose an amendment to the Otay Ranch General Development Plan to reduce density within the Village Cores at some time in the future, the provision of additional alley product shall be analyzed and considered concurrently with said amendment. 19. The Design Review Committee shall review and approve the elevations of all homes backing and siding onto Telegraph Canyon Road in Neighborhood R-5. 20. A minimum of thirty percent of all 55 x 105 feet lots in each final map shall be provided with Hollywood driveways. The applicant agrees to process an amendment to the Planned Community District Regulations for the portion of SPA One under Village Development ownership only to reflect said requirement. CONFINA2.DOC 3 J tJ-17 vill 5; Ph2A& 5 Printed, 3/20/97 ---- ~"......._...._-_._.__.__.~..,---~-- STREETS, RIGHT-OF-WAY AND PUBUC IMPROVEMENTS 21. Dedicate for public use all the public streets shown on the tentative map within the subdivision boundary. Prior to the approval of the applicable 'B" Map, the applicant shall enter into an agreement to guarantee the construction of all street improvements as required by the PFFP for each particular phase. 22. Secure in accordance with Section 18.16.220 of the Municipal Code, as necessary, the construction and/or construct full street improvements for all on-site and off-site streets deemed necessary to provide service to the subject subdivision. Said improvements shall include, but not be limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed water and water utilities, drainage facilities, street lights, signs, landscaping, irrigation, fencing and fire hydrants. Street cross sections shall confonn to the cross sections shown on the Tentative Map. All other design criteria shall comply with the current Chula Vista Design Standards, Chula Vista Street Design Standards, and the Chula Vista Subdivision Manual unless otherwise conditioned or approved herein. Exhibit A indicates the relationship between the Otay Ranch SPA One roadway designations and the approved City designations in the Circulation Element of the General Plan for purposes of determining the appropriate design standards for all streets within SPA One. Should the City Engineer deem that the construction of sidewalks along the off site portions of East Orange Avenue and East Palomar Street west of Pas eo Ranchero is not necessary to provide service to the subject subdivision, their construction may be delayed. The developer shall dedicate on the appropriate final 'B" Map, the right-of-way to extend Carmel Avenue, Santa Lucia Road, Santa Flora Drive, Gold Run Road, Applegate Street, Livingston Avenue and Grayson Court to the easterly subdivision boundary of Village One. The City Engineer and the Planning Director may waive this requirement if it is demonstrated that a street does not need to be extended to provide access to the adjacent property. Unless otherwise approved by the City Engineer, the developer shall provide a cul-de-sac at the end of all proposed street stubs along the subdivision boundary. The City Engineer may approve the installation of a temporary turnaround at the end of those streets that might be extended in the future to provide access to the adjacent property. 23. In accordance with the pre-annexation Development Agreement the developer shall grant to the City fee title to the right-of-way for SR 125. Said right-of-way shall be contained in a lot granted to the City for open space, transportation and other public purposes. The right-of-way shall be granted at such time as requested by the City. 24. As part of the improvement plans associated with the final 'B" Map which triggers the installation of the related street improvements, install a fully activated traffic signal including interconnect wiring at the following intersections: a. East Palomar Street and Paseo Ranchero CONFINA2.DOC 4 ¡tj-/ð" ViII 5; Ph 2M 5 Printed: 3/20/97 _ ____,~.__._._n..___ _.._.._ . b. East Palomar Street and La Media Road c. East Palomar Street and East Orange Avenue d. East Orange Avenue and Paseo Ranchero e. East Orange Avenue and La Media Road Install underground improvements, standards and luminaries with construction of street improvements, and install mast arms, signal heads and associated equipment as detennined by the City Engineer. 25. Submit to and obtain approval by the City Engineer of striping plans for all collector or higher classification streets simultaneously with the associated improvement plans. 26. Design all vertical and horizontal CUlVes and intersection sight distances to conform to the CalTrans Highway Design Manual. Sight visibility easements shall be granted as necessary to comply with the requirements in the CalTrans Highway Design Manual. 27. Plant trees within all street parkways which have been selected from the revised list of appropriate tree species described in the Village Design Plan which shall be approved by the Directors of Planning, Parks and Recreation and Public Works. The applicant sha1l provide root control methods per the requirements of the Parks and Recreation Director and a deep watering irrigation system for the trees. An irrigation system shall be provided from each individual lot to the adjacent parkway. The improvement plans, including final selection of street trees, for the street parkways shall be approved by the Directors of Planning, Parks and Recreation and the City Engineer. 28. Enter into an agreement with the City, prior to approval of the first final ''A:' Map, where the developer agrees to the following: a. Fund and install Chula Vista transit stop facilities when directed by the Director of Public Works. The improvement plans for said stops sha1l be prepared in accordance with the transit stop details described in the Village Design Plans and approved by the Directors of Planning and Public Works. b. Not protest the fonnation of any future regional benefit assessment district to finance the Light Rail Transit. c. Fund its fair share of the cost of construction of the two pedestrian bridges connecting Villages One to Village Two and Village Five to Village Six as determined by the City Engineer based on the proportionate benefit received from the improvements. The developer shall also identify the financing mechanism to be used to fund said cost. 29. Grant in fee to the City the right-of-way for the Light Rail Transit as indicated on the approved Tentative Map. Said right-of-way shall be contained in lots granted to the City for open space, transportation, and other public purposes. Said lots shall not extend across street intersections unless approved by the City Engineer. Include said lots in an open space district. CONFINA2.DOC 5 ;L!-/i Vill5; Ph2A& 5 Printed: 3/20/97 ......-...~.._-------- 30. Guarantee the construction and enter into an agreement to construct the pedestrian bridge connecting Village One to Village Five in accordance with improvement plans approved by the City prior to approval of the final map that requires construction of La Media Road between East Palomar Street and East Orange Avenue. The developer shall be responsible for the construction of said bridge and may seek, with the concurrence of the City, repayment fÌ'om other benefiting property owners through a reimbursement district. 31. In the event the Federal Government adopts ADA standards for street rights-of-way which are in conflict with the standards and approvals contained herein, all such approvals conflicting with those standards shall be updated to reflect those standards. Unless otherwise required by federal law, City ADA standards may be considered vested, as detennined by Federal regulations, only after construction has commenced. 32. Prior to approval of any final map that requires the construction of Santa Madera Avenue between Telegraph Canyon Road and Morgan HiD Drive ("Temporary Roadway"), in order to access the final map property, the developer shall accomplish the following: a. Obtain aU pennits and agreements with the environmental regulatory agencies required to construct the "Temporary Roadway". b. Obtain a construction pennit fÌ'om the City approving the necessary modifications to the existing improvements in Telegraph Canyon Road including the provision of a fully activated traffic signal as directed by the City Engineer. c. Enter into an agreement where the developer agrees to: 1. Perfonn the foDowing: a. Restore the median improvements and remove the traffic signal as directed by the City Engineer to provide only right-in/right-out access at said intersection. This work shall be perfonned at such time as La Media Road between Telegraph Canyon Road and East Palomar Street is opened for public use. b. Remove to the satisfaction of the City Engineer the remaining "Temporary Roadway" improvements required to close said intersection , at such time as a pennanent road connecting Filmore Street in Village One to East Orange Avenue is opened for public use. 2. Restore the Telegraph Canyon Road improvements and regrade the area to be consistent with the streetscape of Telegraph Canyon Road and the drainage channel as directed by the City Engineer and Director of Parks and Recreation. CONFINA2.DOC 6 / L/ -.2tJ ViliS; Ph2A& 5 Printed: 3/20/97 ...---.--. ........-.......-.- 3. Install signs as directed by the City Engineer, indicating that the "Temporary Roadway" will be closed once the permanent road connecting Filmore Street in Village One to East Orange Avenue is opened for public use. 4. Provide a Notice in any residential disclosure document that the "Temporary Roadway" will be closed once the permanent road connecting Filmore Street in Village One to East Orange Avenue is opened for public use. 5. Provide security acceptable to the City in the amount determined by the City Engineer to guarantee the following: a. Restoration of the median improvements and removal of the traffic signal required to provide only right-in/right-out access at said intersection. Said bonds shall be provided prior to approval of the final map requiring the construction of La Media Road between Telegraph Canyon Road and East Palomar Street. b. Removal of the remaining temporary improvements required to close said intersection and restoration of the area as directed by the City Engineer and Director of Parks and Recreation. Said bonds shall be posted prior to approval ofthe final map for Village One Core or any unit thereof 6. Provide for all costs associated with the vacation of the 'Temporary Roadway" 33. As part of the improvement plans associated with the first final 'B" Map which triggers the construction of Pas eo Ranchero, La Media or Santa Paula Drive, provide the necessary modifications to the applicable existing traffic signals including interconnect wiring at the following intersections: a. Telegraph Canyon Road at St. Claire Drive b. Telegraph Canyon Road at Otay Lakes Road c. Telegraph Canyon Road at Paseo Ranchero Install underground improvements, standards and luminaries with construction of street improvements , and install mast anns, signal heads and associated equipment as detennined by the City Engineer. 34. Include the right of way for the proposed "Temporary Roadway" (Santa Madera Avenue between Telegraph Canyon Road and Morgan Hill Drive) in a separate lot. In the appropriate final 'B" Map, as determined by the City Engineer, grant said lot in fee to the City for open space, transportation, and other public uses. 35. Guarantee the construction and enter into an agreement to construct, prior to the approval of any final 'B"Map for Neighborhoods R-15, 16, 17, 18, 19, CPF-l, 2, 3, C-l or 2 or any unit thereof, CONFINA2.DOC 7 /Lj~~) Vill 5; Ph 2A& 5 Printed: 3/20/97 -"".._".._.__.~-".- the construction of a permanent public road connecting Filmore Street in Village One to East Orange Avenue as depicted on the Tentative Map. This road shall have a right-of-way width of 40 feet and be designed and constructed to City standards for residential streets except that it shall have a width (curb to curb) of 26 feet and sidewalk only on one side. 36. Provide (1) twenty feet setback on driveways ITom property line to garage and (2) sectional roll-up type garage doors at all properties ITonting on streets where cul-de-sacs are 150 feet or less in length except as provided for in the Planned Community District Regulations or approved by the City Engineer and the Planning Director. 37. Not install privately owned water, reclaimed water, or other utilities crossing any public street. This shall include the prohibition of the installation of sleeves for future construction of privately owned facilities. The City Engineer may waive this requirement if the following is accomplished : a. The developer enters into an agreement with the City where the developer agrees to the following: 1. Apply for an encroachment permit for installation of the private facilities within the public right-of-way. 2. Maintain membership in an advance notice such as the USA Dig Alert Service. 3. Mark out any private facilities owned by the developer whenever work is perfonned in the area. The tenns of this agreement shall be binding upon the successors and assigns of the developer. b. Shutoff devices as determined by the City Engineer are provided at those locations where private facilities traverse public streets. 38. Grant on the final 'B" Map containing the proposed connection to EastLake Parkway (between the two existing Otay Water District parcels) a 60- foot wide easement for street right-of-way and other public purposes along said connection. Prior to approval of the same map the developer shall guarantee the construction of the following improvements within said 60-foot wide easement: a. Pedestrian, cart and bicycle improvements as detennined by the City Engineer and Planning Director. The improvement plans shall be prepared in such a way as to not preclude the option of providing street improvements for vehicular access in the future. b. Vehicular access improvements to the existing Otay Municipal Water District parcels as determined by the City Engineer and the Otay Municipal Water District. 39. Grant on the final 'B"Map containing the paseo between Neighborhoods R-8 and R-9 a 60- wide easement for street right-of-way and other public purposes. The paseo improvements shall be CONFlNA2.DOC 8 Jtj~ ;2.J- ViliS; Ph 2A& S Printed: 3/20/97 .-...---.----...---..-----.--.--.. constructed within said easement. Prior to approval of the same final map the developer shall accomplish the following: a. Guarantee the construction of the paseo improvements (if public) as directed by the Director of Planning, Director of Parks and Recreation, and City Engineer. b. Enter into an agreement with the City where the developer agrees to construct street improvements for vehicular access within the 60- foot easement in accordance with improvement plans approved by the City Engineer if vehicular access is needed in the future. 40. Include in separate lots the right-of-way required to accommodate the future grade separation at the intersections of (1) Telegraph Canyon and Otay Lakes Road, and (2) East Orange Avenue and Paseo Ranchero. These lots shall be granted in fee to the City for Open Space, transportation, and other public purposes on the appropriate final 'B"Map, as detennined by the City Engineer. 41. Residential Street Condition A as denoted on the cover page of the tentative map is the preferred section and shall be implemented on all residential streets, excluding the alley product, unless otherwise approved by the City Engineer and Planning Director. 42. The applicant shall submit a conceptual design for the bridge connections between Village One and Village Five which indicates materials, height, location, etc. Said design plan shall be reviewed and approved by the Planning Director prior to approval of the final 'B" Map that requires construction of La Media Road between East Palomar Street and East Orange Avenue. 43. Requested General Waivers 1, 2 and 3 and Specific Waiver 3, as indicated on the cover sheet of the tentative map, are hereby approved. Specific Waivers 1 and 2 are approved subject to the condition that one-way circulation be provided at the north-south streets adjacent to parks P-4 and P-5, unless otherwise approved by the City Engineer. 44. The applicant shall submit and obtain approval from the City Engineer and the Planning Director of a final conceptual design of the proposed traffic circles prior to approval of the first final 'B" Map. The developer shall submit striping, signage and landscape plans for all traffic circles indicated on the tentative map. In the event the traffic circles are not approved, some type of alternative enhanced landscaping and/or entry statement at those intersections acceptable to the City Engineer and the Planning Director, shall be identified prior to approval of the first final 'B" Map. 45. Right-of-way for the light rail transit line shall provide for spiral curves as required by MTDB and approved by the City Engineer. 46. Unless otherwise approved by the City Engineer, the developer shall provide sewer stubs extending to the easterly subdivision boundary of Village One at the following locations: (1) all the street stubs proposed along said boundary, and (2) at those locations where right-of-way CONFINA2.DOC 9 )'I~e23 Vill5;Ph2A& 5 Printed: 3/20/97 "'...._.________._._m____.._... dedication is required to extend Carmel Avenue, Santa Lucia Road, Santa Flora Drive, Gold Run Road, Applegate Street, Livingston Avenue and Grayson Court to said subdivision boundary. 47. Prior to approval of the first final 'B" Map the developer shall submit and obtain the approval of the City Engineer of a design study of the connection of the sewerline shown on the tentative map as ending at the northerly end of Gold Run Road to an approved public sewer system. GRADING AND DRAINAGE 48. Provide a setback, as determined by the City Engineer, between the property lines of the proposed lots and the top or toe of any slope to be constructed where the proposed grading adjoins undeveloped property or property owned by others. The City Engineer shall not approve the creation of any lot that does not meet the required setback. The developer shall submit notarized letters of permission to grade for all off-site grading. 49. Submit a list of proposed lots with the appropriate grading plan indicating whether the structure will be located on fill, cut or a transition between the two situations unless otherwise approved by the City Engineer. 50. Comply with all the provisions of the National Pollutant Discharge Elimination System (NPDES) and the Clean Water Program. 51. Provide runoff detention basins or any other facility approved by the City Engineer to reduce the quantity of runoff from the development to an amount equal to or less than the present 100-year frequency runoff. 52. Provide 'as built" improvement and storm drain plans in DXF file format to the satisfaction of the City Engineer. 53. Grant on the appropriate final 'B" Map a 15 feet minimum drainage and access easement for stormdrain lines located between residential units unless otherwise directed by the City Engineer. All other easements shall meet City standards for required width. 54. Prior to approval of (1) the first final 'B" Map or grading permit for land draining into the Poggi Canyon or (2) the first final 'B" Map or grading permit which requires construction of Santa Madera between Telegraph Canyon Road and Morgan Hill Drive ("Temporary Roadway"), the developer shall: a. Guarantee the construction of the applicable drainage facility, unless otherwise approved by the City Engineer as follows: 1. Runoff detention! desilting basin and naturalized channel in Poggi Canyon; or 2. Runoff detention Basin in Telegraph Canyon Channel CONFINA2.DOC 10 /tj, ;2-1 ViliS; Ph2A& 5 Printed: 3/20/97 . M~'_" .~___"_ ... The City Engineer may approve that these facilities are constructed at a later time if the developer provides private temporary runoff detention basins or other facilities, approved by the City Engineer, wJùch would reduce the quantity of runoff ftom the development to an amount equal to less than the present lOO year flow. Said temporary facilities shall comply with all the provisions of the National Pollutant Discharge Elimination System (NPDES) and the Clean Water Program. Prior to issuance of any grading pennit wJùch approves any temporary facility, the developer shall enter into an agreement with the City to guarantee the adequate operation and maintenance (0 & M) of said facility. The developer sha11 provide security satisfactory to the City to guarantee the 0 & M activities, in the event said facilities are not maintained to City standards as detennined by the City Engineer. The developer sha11 be responsible for obtaining all pennits and agreements with the environmental regulatory agencies required to perform this work. b. Prepare a maintenance program including a schedule, estimate of cost, operations manual and a financing mechanism for the maintenance of the applicable facilities. Said program shall be subject to approval of the City Engineer, the Director of Parks and Recreation, and the applicable environmental agencies. c. Enter into an agreement with the City of Chula Vista and the applicable environmental agencies (Fish and Game, Fish and Wildlife) wherein the parties agree to implement the maintenance program. d. Enter into an agreement with the City where the developer agrees to the following: 1. Provide for the maintenance of the proposed detention basin in Telegraph Canyon and the proposed naturalized channel and detention basin in Poggi Canyon until such time as maintenance of such facilities is assumed by the City or an open space district. 2. Provide for the removal of siltation in the Telegraph and Poggi Canyon Channels (including detention basins) until all upstream grading within the development is completed and erosion protection planting is adequately established as detennined by the City Engineer and Director of Parks and Recreation. 3. Provide for the removal of any siltation in the Telegraph and Poggi Canyon Channels (including detention basins) attributable to the development for a minimum period of five years after maintenance of the facility is assumed by the City or an open space district. 55. Enter into an agreement with the City, prior to approval of the first final 'B" Map or grading pennit for land draining into the existing Telegraph Canyon Channel, where the developer agrees to CONFINA2.DOC 11 /'1-» Vill5: Ph2A& 5 Printed: 3/20/97 . .--..-.. _"m perfonn the following activities within the portion of said existing channel extending ITom Paseo Ladera to the eastern subdivision boundary: a. Provide for the removal of siltation until all upstream grading within the development is completed and erosion protection planting is adequately established as detennined by the City Engineer and Director of Parks and Recreation. b. Provide for the removal of any siltation attributable to the development for a minimum period offive years after maintenance of the channel is assumed by the City or an open space district. 56. Ensure that brow channels and ditches emanating ITom and/or running through City Open Space are not routed through private property and vice versa. 57. Provide a graded access (12 feet minimum width) and access easements as required by the City Engineer to all public stonn drain structures including inlet and outlet structures. Improved access as detennined by the City Engineer shall be provided to public drainage structures located in the rear yard of any residential lot. 58. Provide a protective fencing system around (1) the proposed detention basins at Telegraph Canyon and Poggi Canyon, and (2) inlets and outlets of stonn drain structures, as directed by the City Engineer. The final design and types of construction materials shall be subject to approval of the Director of Planning and the City Engineer. 59. Designate all drainage facilities draining private property to the point of connection with public facilities as private. 60. Provide a 6 inch thick concrete access road to the bottom of the proposed detention basins. This access shall have a minimum width of 12 feet, a maximum slope of 8%, and a heavy broom finish on the ramp as directed by the City Engineer. 61. Obtain a Letter of Map Revision (LOMR) ITom the Federal Emergency Management Agency revising the current National Flood Insurance Program maps of the Telegraph Canyon Channel to reflect the effect of the proposed drainage improvements. The LOMR shall be completed prior to acceptance by the City of the proposed detention facility. 62. Provide graded maintenance access roads along both sides of the proposed onsite and off site portions of the Poggi Canyon Channel. The width of said roads shall be 12 feet unless otherwise approved by the City Engineer. The final dimensions and location of the access roads shall be as detennined by the City Engineer. 63. Obtain, prior to approval of the first final 'B" Map, the approval of the Director of Public Works to any amendment necessary to make the Master Drainage plan consistent with the approved Tentative Map. CONFINAl.DOC 12 )1/- ;¿~ Vill5: Ph2A& 5 Printed: 3/20/97 . w·..·_·._,__,_··~ 64. Prior to the installation of the regional trail, install a fence along those portions of (1) the existing maintenance access roads along the Telegraph Canyon Channel, and (2) the proposed maintenance access roads of the Poggi Canyon Channel, which are proposed to be incorporated into the Regional Trail System. The fence shall be erected only at those locations where its installation will not interfere with the normal channel maintenance. The specific locations where the fence will be allowed and the fence details shall be as determined by the City Engineer and Director of Parks and Recreation 65. Prepare and obtain approval by the City Engineer, Director of Planning, and Director of Parks and Recreation of an erosion and sedimentation control plan and landscape/irrigation plans as part of the grading plans. 66. Landform grading, similar to what has been proposed along Telegraph Canyon Road and consistent with City policy, shall be implemented adjacent to all off-site major roads. 67. Indicate on all affected grading plans that all walls which are to be maintained by open space districts shall be constructed entirely within open space lots dedicated to the City. 68. Prior to the approval of the grading plans proposing the grading of the area that would accommodate the future grade separated intersections at East Orange AvenueIPaseo Ranchero and Telegraph Canyon Road/Otay Lakes Road, the developer shall submit a design study, acceptable to the City Engineer, of the grading required for said grade separated intersections. 69. The grading plans for the intersection at East Orange AvenueIPaseo Ranchero shall include a partial grading of the area that would accommodate the eastbound on-ramp and off- ramp and the westbound on-ramp of the future grade separated intersection. The elevations and extent of the required grading shall be determined by the City Engineer to: (1) allow in the future the construction of any additional grading necessary for the ultimate intersection configuration, and (2) construct the Poggi Canyon Channel at its ultimate location. 70. Prior to approval of the grading and/or improvement plans proposing the construction of the culvert under La Media Road at the crossing with the Telegraph Canyon Channel, the developer shall submit a study acceptable to the City Engineer demonstrating that the proposed culvert will be capable of handling the design flow in the event said culvert needs to be extended in the future in conjunction with the grading for a grade separated intersection at Telegraph Canyon Road/Otay Lakes Road. 71. Unless otherwise approved by the City Engineer, the developer shall provide an underground stormdrain connecting the cleanout in Park P-9 to the Telegraph Canyon Channel Drainage easements shall be provided as required by the City Engineer. SEWER 72. Provide an improved access road with a minimum width of 12 feet to all sanitary sewer manholes. The roadway shall be designed for an H-20 wheel load or other loading as approved by the City Engineer. CONFINA2.DOC 13 )1/-.2 7 ViliS; Ph2A& 5 Printed: 3/20/97 ~-~.- 73. Grant on the appropriate final 'B" Map a 20 feet minimwn sewer and access easement for sewerJines located between residential units unless otherwise directed by the City Engineer. All other easements shall meet City standards for required width. PARKS/OPEN SPACE/WILDLIFE PRESERVATION General 74. The SPA one project shall satisfy the requirements of the Park Land Dedication Ordinance (PLDO). The ordinance establishes a requirement that the project provide three (3) acres oflocal parks and related improvements per 1, 000 residents. Local parks are comprised of community parks and neighborhood parks. Pedestrian parks are an integral component of the plan and shall receive partial park credit as defined below. The neighborhood and community park requirement ( 3 acres/l,OOO residents) shall be satisfied through the payment offees. 75. All local parks shall be consistent with the SPA One PFFP. A construction schedule, requiring all parks to be completed in a timely manner, shall be approved by the Director of Parks and Recreation. 76. All local parks shall be designed and constructed consistent with the provisions of the Chula Vista Landscape Manual and related Parks and Recreation Department specifications and policies. 77. The applicant shall enter into a Chula Vista standard three party agreement with the City of Chula Vista and design consultant(s), for the design of all aspects of the neighborhood and community parks, including their fair share portion of Park P-9 and the paseo, in accordance with the Master Plan whereby the Parks and Recreation Director selects the design consultant( s), to be funded by the applicant. The cost for the consultant(s) shall be established and said amount deposited into an account prior to any work being initiated by the consultant. The agreement shall include, but not be limited to, master planning, design development phase, construction document phase and construction supervision phase for the park sites. The construction documents shall reflect the then current requirements of the City's Code/Landscape Manual requirements. 78. The Applicant shall receive surplus park credit to the extent the combined park credit for neighborhood parks, pedestrian parks, the town square park and the community park exceeds the 3 acres per 1,000 residents standard. This surplus park credit may be utilized by the Applicant to satisfy local park requirements in future SPAs. 79. The Applicant and the City shall mutually agree on a PAD fee reimbursement schedule in coordination with the adopted construction schedule. Milestones will be established for partial reimbursement during the construction process. The City may withhold up to 20% of the park construction funds until the park has been completed and accepted. Reimbursement of PAD fees shall include the interest accrued by the City on said PAD fees minus the City's cost of processing and administering this reimbursement program. CONFINA2.DOC 14 /1-.2fŠ' Vill5; Ph2A& 5 Printed: 3/20/97 ---- ---_.------_._" _ _~.m ~ 80. Grant in fee all designated public park lands at such time as is necessary to implement the requirements of the PLDO and the PFFP. 81. Pedestrian Parks (also known as mini-parks): Pedestrian parks less than five acres, as identified in the SPA One Plan, shall be maintained by a funding entity other than the City's General Fund. Pedestrian parks shall receive a minimum of 25% and a maximum of 50% park credit, as determined by the Director of Parks and Recreation pursuant to the City wide small park credit criteria which shall be approved by the City Council. 82. Neighborhood Parks: a. The applicant shall pay PAD fees based on a formula of 2 acres per 1,000 residents to satisfy the neighborhood park obligation. PAD fees may be required for units in excess of the first 500 dwelling units. b. The applicant shall grant to the City, at the "A" Map stage, an irrevocable offer of dedication for all neighborhood parks shown on the Tentative Map. 83. Community Parks: a. Prior to the approval of each final 'Boo Map. the Applicant shall pay PAD fees for the Community Park based upon a formula of 1 acre per 1, 000 residents, until such time as a turn-key facility has been accepted by the Director of Parks and Recreation. Said turn-key facility is subject to the reimbursement mechanism set forth below. b. The first Otay Ranch Community Park, to satisfy SPA One demand, shall be located in Village 2 as identified in the GDP. c. The Applicant shall identify the relocation, if any, of the Village 2 Otay Ranch Community Park prior to issuance of the building permit for the 1,150th dwelling unit. Said relocation may require an amendment to the Otay Ranch General Development Plan. d. Notwithstanding that the community park requirement (1 acre/1,000 residents) shall be satisfied through the payment of PAD fees, the Applicant shall commence construction of the first phase of the Community Park prior to issuance of the building permit for the 2,650th dwelling unit. The first phase of construction shall include, but not be limited to, improvements such as a graded site with utilities provided to the property line and an all weather access road acceptable to the Fire Department. e. The Applicant shall commence construction of the second phase of the Community Park prior to issuance of the building permit for the 3,000th dwelling unit. Second phase improvements shall include recreational amenities as identified in the Park Master Plan. CONFINA2.DOC 15 ;1-/-27 Vill s; Ph2A& 5 Printed: 3/20/97 _ -...-.----.,....-..- f. The Community Park shall be ready for acceptance by the Director of Parks and Recreation for maintenance prior to issuance of the building permit for the 3,900th dwelling unit. g. If the Director of Parks and Recreation determines that it is not feasible for the Applicant to commence construction of the first phase improvements of the community park prior to issuance of the building permit for the 2,650th unit, then the Director of Parks and Recreation shall have the option to utilize the PAD fees for said improvements, or to construct another park facility, east of the I-80S Freeway within an acceptable service radius of SPA One, as set forth in the GDP. h. The Applicant shall provide a maintenance period of 9-12 months in accordance with the City ofChula Vista Parks and Recreation Department policy. I. The Applicant shall receive reimbursement of PAD fees, proportionate to what has been constructed, excluding the cost of construction of the all weather access road, for the community park should they deliver a turn-key facility to the City in accordance with the Community Park Master Plan. 84. Trails/ODen Space: a. All trails shall connect to adjoining existing and/or proposed trails in neighboring development projects, as determined by the Director of Parks and Recreation. b. The two connector trails from Neighborhoods R-24 and R-25 in Village Five to Telegraph Canyon Road shall be combined into one trail in Open Space Lot 37 and shall connect to the regional trail in one location. c. The maximum gradient for connector trails shall be 10%. Steeper grades of up to 12% for short runs of 50 feet may be permitted subject to the approval by the Parks and Recreation Director. d. The graded section upon which the connecting trails are constructed shall be 10 feet in width. Six feet shall be provided for the trail bed, with a 2 foot graded shoulder on either side. e. Landscape and irrigation plans for the transit right-of-way shall be reviewed and approved by the Parks and Recreation Director in conjunction with the landscape plans for East Palomar Street. 85. Communitv Gardens: a. Community Gardens shall be consistent with the guidelines in the SPA One Parks, Recreation, Open Space and Trails Master Plan, including creation of the Community Garden Committee and their responsibilities. CONFINA2.DOC 16 /1/-3 ¿) Viii s; Ph2A& 5 Printed: 3/20/97 ...--..+....--... ---+--. b. Water lines shall be stubbed ITom the nearest open space water meter to the site(s) in order to facilitate development of the Community Gardens. c. Community Garden sites shall be consistent with those identified on the tentative map. d. Maintenance of Community Gardens shall be funded by an Open Space Maintenance District, Homeowner's Association or other funding mechanism approved by the Director oCParks and Recreation and the City Engineer. e. Community Gardens shall not receive park credit. OPEN SPACE/ASSESSMENTS 86. Prior to the approval of the first final 'B"Map, the developer shall: a. Submit and obtain approval of the SPA One Open Space Master Plan ITom the Director of Parks and Recreation. The Open Space Master Plan shall be based upon the approved Concept and Analysis Plan, the requirements of which are outlined in the City of Chula Vista Landscape Manual and include but are not limited to elements such as final recreational trail alignments and fencing and phasing. b. Request the formation of an Open Space District pursuant to the 1972 Landscaping & Lighting Act for the Otay Valley Parcel of the Otay Ranch. This district formation shall be submitted to Council for consideration prior to approval of the first final B map. Maintenance of the open space improvements shall be accomplished by the developer for a minimum period of one year or until such time as accepted into the open space district by the Director of Parks and Recreation. If Council does not approve the open space district formation, some other financing mechanism shall be identified and submitted to for consideration prior to approval of the first final map. c. Submit evidence acceptable to the City Engineer and the Director of Parks and Recreation of the formation of a Master Homeowner's Association (MHOA), or another financial mechanism acceptable to the City Manager, which includes all the properties within the approved tentative map prior to approval of the first 'B" Map. The MHOA shall be responsible for the maintenance of the improvements listed below. The City Engineer and the Director of Parks and Recreation may require that some of those improvements be maintained by the Open Space District. The final determination of which improvements are to be included in the Open Space District and those to be maintained by the MHOA shall be made during the Open Space District Proceedings. The MHOA shall be structured to allow annexation of future tentative map areas in the event the City Engineer and Director of Parks and Recreation require such annexation of future tentative map areas. The MHOA formation documents shall be approved by the City Attorney. CONFINA2.DOC 17 )tJ-.3 / VillS; Ph2A& 5 Printed: 3/20/97 --.,. -----"._-~_.. ._--- d. Submit a list of all Otay Ranch SPA One facilities and other items to be maintained by the proposed district. Separate lists shall be submitted for the improvements and facilities to be maintained by the Open Space District and those to be maintained by a Master Homeowner's Association. Include a description, quantity and cost per year for the perpetual maintenance of said improvements. These lists shall include but are not limited to the following facilities and improvements: 1. All facilities located on open space lots to include but not be limited to: walls, fences, water fountains, lighting structures, paths, trails, access roads, drainage structures and landscaping. Each open space lot shall also be broken down by the number of acres of turf, irrigated, and non-inigated open space to aid in the estimation of a maintenance budget thereof 2. Medians and parkways along East Orange Avenue (onsite and off site), Paseo Ranchero, La Media Road, East Palomar Street (onsite and off site ) and all other street parkways proposed for maintenance by the open space district or Homeowners' Association. 3. The proposed detention basin in Telegraph Canyon and the fair share of the maintenance of the existing naturalized Telegraph Canyon Channel east of Paseo Ladera as determined by the City Engineer based on the proportional benefit received ITom the improvements. This includes but is not limited to the cost of maintenance and all cost to comply with the Department of Fish and Game and Corps of Engineers permit requirements. 4. The proposed detention basin and naturalized channel in Poggi Canyon. This includes but is not limited to the cost of maintenance and all cost to comply with the Department of Fish and Game and the Corps of Engineers permit requirements. 5. Community Gardens 6. Pedestrian Bridges. 7. The proportional share of the maintenance of the median and parkways along that portion of Telegraph Canyon Road adjoining the development as determined by the City Engineer. 8. All proposed facilities and improvements (excepting street improvements) within the 60-foot wide easement to be dedicated to the City for right-of-way at the following locations: (1) between Neighborhoods R-8 and R-9, and (2) at the proposed connection to EastLake Parkway (between the two Otay Water District Parcels. CONFINA2.DOC 18 /1/- .3.2. VillS; Ph 2A& 5 Printed: 3/20/97 -----~- - --.- d. Submit an initial deposit of $15,000 to begin the process of formation of the open space district. All costs of formation and other costs associated with the processing of the open space relating to this project shall be borne by the developer. e. Provide all the necessary information and materials (e.g., exhibits, diagrams, etc.) as determined by the City Engineer to prepare the engineer's report for the proposed open space district. 87. Include in the CC&Rs, if applicable, the obligation of the Homeowners' Association to maintain all the facilities and improvements within the open space lots rejected by the City prior to the approval of the final map containing said lots. 88. Grade a level, clear area at least three feet wide (face of wall to top of slope), along the length of any wall abutting an open space district lot, as measured fÌ"om face-of-wall to beginning of slope, said area as approved by the City Engineer and the Director of Parks and Recreation. 89. Ensure that all buyers oflots adjoining open space lots containing walls maintained by the open space district sign a statement, when purchasing their homes, stipulating that they are aware that the walls are on City property and that they shall not modifY or supplement the wall or encroach onto City property. These restrictions shall also be incorporated in the CC&Rs for each lot. 90. Agree to not protest formation or inclusion in a maintenance district or zone for the maintenance of landscaped medians and scenic corridors along streets within and adjacent to the subject subdivision. 91. Grant in fee to the City on the appropriate final map, all open space lots shown on the tentative map and execute and record a deed for each of the lots to be maintained by the City through the open space district. Provide on the final map a certificate, pursuant to section 66477.2(a) of the Subdivision Map Act, rejecting those open space lots to be maintained by the Homeowner's Association. 92. Provide documentation, prior to the approval of the first final 'B" Map, to the Director of Planning and the City Engineer that an annexable Mello-Roos District, or other financing mechanism approved by the Sweetwater High School District and the Chula Vista Elementary School District has been established to provide for construction of schools. 93. Fund the revision of the Public Facilities Development Impact Fee (PFDIF) Program, which shall be prepared by the City, as directed by the City Manager or his designee, and approved by the City Council prior to approval of the first final 'B" Map. The developer shall receive 100"10 credits towards future PFDIF fees for funding this update. Provide a deposit of $20,000 to begin this process. All cost of revising the PFDIF shall be borne by the developer. 94. Prior to issuance of any grading permit which includes Landscaping and Irrigation (L & 1) improvements to be installed in an open space lot to be maintained by the open space district, the developer shall place a cash deposit with the City which will guarantee the maintenance of the L & I improvements, prior to City acceptance of said improvements, in the event the improvements are not CONFINA2.DOC 19 /1/-J ;J vm 5; Ph2A& 5 Printed: 3120/97 .____.. ~...~_.___..__...._..__~__,_._.._....__u maintained to City standards as determined by the City Engineer and the Director of Parks and Recreation. The amount of the deposit shall be equivalent to the estimated cost of maintaining the open space lots to City standards for a period of six months as determined by the City Engineer. Any unused portion of said deposit could be incorporated into the open space district's reserve at such time as the maintenance of the open space lot is assumed by the open space district. WATER 95. Provide to the City a letter ITom Otay Municipal Water District indicating that the assessments! bonded indebtedness for all parcels dedicated or granted in fee to the City have been paid or that no assessments exist on the parcel(s). 96. Present verification to the City Engineer in the fonn of a letter ITom Otay Water District that the subdivision will be provided adequate water service and long tenn water storage facilities. EASEMENTS 97. Grant to the City a 10' wide easement for general utility purposes along public street £Tontage of all open space lots offered for dedication to the City unless otherwise approved by the City Engineer. 98. Indicate on the appropriate 'B" Map a reservation of easements to the future Homeowners' Association for private stonn drain and private sewer facilities within open space lots as directed by the City Engineer. 99. Obtain, prior to approval of any final 'B" Map, all off-site right-of-way necessary for the installation of the required improvements for that subdivision thereto. The developer shall also provide easements for all on-site and off-site public drainage facilities, sewers, maintenance roads, and any other public facilities necessary to provide service to the subject subdivision. 100. NotifY the City at least 60 days prior to consideration of the final map by City if off-site right- of-way cannot be obtained as required by the Conditions of approval. (Only off-site right-of-way or easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition.) After said notification, the developer shall: a. Pay the full cost of acquiring off-site right-of-way or easements required by the Conditions of Approval of the tentative map. b. Deposit with the City the estimated cost of acquiring said right-of-way or easements. Said estimate to be approved by the City Engineer. c. Have all easements and/or right-of-way documents and plats prepared and appraisals complete which are necessary to conunence condemnation proceedings as determined by the City Attorney. CONFINA2.DOC 20 )~--Jf ViIlS; Ph2A& 5 Printed: 3/20/97 --..--.-...- d. Request that the City use its powers of Eminent Domain to acquire right-of-way, easements or licenses needed for off-site improvements or work related to the final map. The developers shall pay all costs, both direct and indirect incurred in said acquisition. The requirements of a, b, and c above shall be accomplished prior to the approval of the appropriate Final Map. 101. Grant easements to subsequent owners pursuant to Section 18.20.150 of the City Code on any final map that proposes private utilities or drainage facilities crossing property lines as directed by the City Engineer. 102. Grant to City on the appropriate final 'B" Map two foot access easements along the rear and side property line oflots adjoining walls to be maintained by the open space district. The locations of these easements shall be as required by the Director of Parks and Recreation and the City Engineer to provide adequate access for maintenance of said walls. AGREEMENTS/FINANCIAL 103. Enter into a supplemental agreement with the City, prior to approval of each final 'B" Map, where the developer agrees to the following: a. That the City may withhold building pennits for the subject subdivision if anyone of the following occur: 1. Regional development threshold limits set by the adopted East Chula Vista Transportation Phasing Plan have been reached. 2. Traffic volumes, levels of service, public utilities and/or services exceed the threshold standards in the then effective Growth Management Ordinance. 3. The applicant does not comply with the terms of the Reserve Fund Program. b. That the City may withhold building permits for any of the phases of development identified in the Public Facilities Financing Plan (pFFP) for Otay Ranch SPA One if the required facilities, as identified in the PFFP or as amended by the Annual Monitoring Program, have not been completed. c. Defend, indemnify and hold hann1ess the City and its agents, officers and employees, fTom any claim, action or proceeding against the City, or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Council or any approval by its agents, officers, or employees with regard to this subdivision provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. CONFINA2.00C 21 )t// » VillS: Ph2A& S Printed: 3/20/97 ---~---~_.,--._....- ---"'- d. Hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. e. Ensure that all franchised cable television companies ("Cable Company") are pennitted equal opportunity to place conduit and provide cable television service to each lot on public streets within the subdivision. Restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all of the terms and conditions of the franchise and which are in further compliance with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City of Chu1a Vista. f Include in the Articles of Incorporation or Charter for the Homeowners' Association (HOA) provisions prohibiting the HOA from dedicating or conveying for public streets, land used for private streets without approval of 100% of all the HOA members. 104. Enter into an supplemental agreement with the City prior to approval of the first final 'B"Map, where the developer agrees to the following: a. Participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP). b. To not protest the formation of any future regional impact fee program or facilities benefit district to finance the construction of correctional facilities. 105. Prior to the approval of the first final map after January 11,2000, as per Section 1 of the Telegraph Canyon Estates Affordable Housing Agreement adopted by Resolution #17737, the applicant shall grant in fee three (3) acres of buildable land acceptable to the City of Chula Vista within Village One of SPA One of the Otay Ranch in order to satisfY the affordable housing implementation measure contained in the approved Otay Ranch GDP (ref GDP; Section B.2, Pg. 242) and the tenns of an existing agreemenl adopted by Resolution #17737. In addition, said existing agreement, dated December 1, 1995, shall be amended to pennit the land dedication within Village One. 106. Prior to approval of the first "A" Map, or as otherwise determined by the Director of Planning, within SPA One and consistent with the City's Housing Element, Ranch-Wide and SPA One Affordable Housing Plans, the applicant shall enter into and execute with the City an Affordable Housing Agreement ('SPA One Affordable Housing Agreement') containing, but not limited to, the following provisions: (a.) The obligation to provide the total number of low and moderate income units required under the City's Affordable Housing Program, based on the number of dwelling units contained within the Master Tentative Map for SPA One; (b.) IdentifY the overall number of dwelling units within the Master Tentative Map for which the applicant can receive final map approval prior to the applicant selecting and guaranteeing, to the City's satisfaction, final affordable housing site(s); (c.) The number of dwelling units within the master CONFINA2.DOC 22 /L/-3r; Vìll 5; Ph 2A& 5 Printed: 3/20/97 .....-..---.-,. . -..... tentative map area which can receive building permit authorizations prior to the applicant obtaining building permits for a specified number of the required low income units; and (d.) A description of what information must be provided in subsequent Project Level Affordable Housing Agreements. Upon its approval by the City, the terms and conditions of the SPA One Affordable Housing Agreement shall become conditions of this resolution, and is hereby incorporated herein by this reference. 107. The Applicant shall pay, prior to approval of the first 'B" Map, their proportional share, as determined by the Director of Parks and Recreation, of a collaborative study analyzing local park needs for the area east of the 1-805 Freeway. 108. The applicant shall enter into an agreement with the City, prior to approval of each final 'B" Map, where the applicant agrees to ensure that all insurance companies are permitted equal opportunity to go out to bid to provide a Cooperative Homeowner's Insurance Program (ClllP). 109. Prior to the approval of the first final 'B" Map, the developer shall submit and obtain approval by the City Engineer of an "Improvement Phasing Schedule" which will identify the timing of construction of all backbone facilities noted in the following table. The Improvement Phasing Schedule shall be consistent with the PFFP. COST ITEM TO BE INCLUDED IN FACILITY FINANCING PLAN " Acquisition/Dedication of off site right-of-way East Palomar Street between Paseo Ranchero "Construction of full street improvements and La Media Rd. and between La Media Rd. and East Orange Ave. "Acquisition/Dedication of the off-site portions Paseos in Villages One and Five including the of open space lots containing the paseos paseo between Neighborhoods R-8 and R-9 "Construction offull paseo improvements "Payment of Telegraph Canyon Basin Drainage For areas covered by: backbone streets and all DIF common areas which include, but are not limited to: parks, schools, paseos and open soace lots "Construction of pedestrian bridges Pedestrian bridge connecting Village One to Village Five, Village One to Village Two and Village Five to Village Six "Removal of temporary improvements 'Temporary Roadway" (Santa Madera Avenue "Restoration of the area to original conditions between Telegraph Canyon Road and Morgan Hill Drive "Construction of full street improvements Permanent public road connecting Filmore St. to East Orange Ave. "Construction of full improvements Transit stoo facilities in Villages One and Five CONFINA2.DOC 23 /,/-37 Vill s; Ph2A& 5 Printed: 3/20/97 ..--..---.-- * AcquisitionlDedication of off-site drainage Poggi Canyon Channel (on-site and off-site) easement and delention basin *Construction and maintenance (prior to City acceotance) *Construction and maintenance (prior to City Telegraph Canyon Channel detention basin acceotance) * AcquisitionlDedication of off-site sewer Poggi Canyon Sewer Interceptor (on-site and easement off-site) *Upgrading of the existing Poggi Canyon Interceptor required to accommodate C.V.T. 96-04 flows *Construction of the improvements required to connect C.V.T 96-04 to the existing Poggi Canvon sewer imorovements (near 1-805) *Installation of interconnect wiring Traffic signals along Telegraph Canyon Rd. at the intersections with St. Claire Dr., Otay Lakes Rd. and Paseo Ranchero *Construction of full landscaping and irrigation Open space lots imorovements *Construction offull trail improvements Re¡¡ional trail system Security satisfactory to the City shall be provided for the above backbone facilities when their construction is triggered as identified in the approved Improvement Phasing Schedule. In addition to the foregoing, security satisfactory to the City shall be provided to guarantee the construction of the following First Phase Backbone Facilities: 1.) One-half of the improvements in East Palomar Street between Paseo Ranchero and La Media including the two full traffic circles in Village One prior to approval of the first "B" Map for Village One. 2.) The remaining improvements in East Palomar Street within Village One at the time the trigger point is reached in the PFFP for the corresponding "B" Map. 3.) Full improvements in East Palomar Street between La Media and East Orange A venue in Village Five at the time the trigger point is reached in the PFFP for the corresponding "B" Map. 4.) Fair share of full improvements for the pedestrian bridge connecting Village One to Village Five and fair share of one half of the improvements for the pedestrian bridges connecting Village One to Village Two and Village Five to Village Six, prior to the approval of the first final "B" Map. CONFINA2.DOC 24 /1~ 3r¿/ ViIl5;Ph2A& 5 Printed: 3/20/97 -----" " -_......._"-,--"._- -.- The amount of the security for the above noted improvements shall be 110% times a construction cost estimate approved by the City Engineer if improvement plans have been approved by the City, 150% times the approved cost estimate if improvement plans are being processed by the City or 200% times the construction cost estimate approved by the City Engineer if improvement plans have not been submitted for City review. A lesser percentage may be required if it is demonstrated to the satisfaction of the City Engineer that sufficient data or other information is available to warrant such reduction. SCHOOLS 1l0. Prior to the approval of the first final 'B" Map, the applicant shall prepare and submit an application for an amendment to the Otay Ranch General Development Plan replacing the Village Seven High School location with a site in either the area west of Paseo Ranchero in Village One or the northern portion of Village Two. The applicant shall enter into a supplemental agreement prior to approval of the first final map in which applicant agrees to the following: The City shall not issue building permits for more than 1,400 units within SPA One until the City has acted on the proposed plan amendment unless the District consents to the further issuance of such permits. The Applicant shall deliver to the School District a graded high school site including utilities provided to the site and an all weather access road acceptable to the District prior to issuance of the 2,650th building permit (504 students) or upon written request by the District not prior to 1,800 permits. The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School District as based on District facility needs. lll. The Applicant shall deliver to the School District, a graded elementary school site including utilities provided to the site and an all weather access road acceptable to the District, located within Village One, prior to issuance of the SOOth residential building permit (150 students). The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School district as based on District facility needs. 112. The Applicant shall deliver to the School District, a graded elementary school site including utilities provided to the site and an all weather access road acceptable to the District, located within Village Five, prior to issuance of the 2,500th residential building permit (750 students) . The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School District as based on District facility needs. 113. The applicant shall deliver to the School District, a graded elementary school site including utilities provided to the site and an all weather access road acceptable to the District, located west of Paseo Ranchero, prior to issuance of the 4,500th residential building permit (1,350 students). The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School District as based on District facility needs. MISCELLANEOUS 114. Include in the Declaration of Covenants, Conditions and Restrictions (CC&Rs) provisions assuring maintenance of all streets, driveways, drainage and sewage systems which are private. The City of Chula Vista shall be named as party to said Declaration authorizing the City to enforce the terms and conditions of the Declaration in the same manner as any owner within the subdivision. The CONFINA2.DOC 25 /L/ -Yi vm5; Ph2A& 5 Printed: 3/20/97 ----.----.--.,-- CC&R's shall also include language which states that any proposal by the HOA for dedication or conveyance for public purposes of land used for private streets will require prior written approval of 100"10 of all the Homeowners' Association members. 115. Submit copies of Final Maps and improvement plans in a digital fonnat such as (DXF) graphic file prior to approval of each Final Map. Provide computer aided Design (CAD) copy of the Final Map based on accurate coordinate geometry calculations and submit the infonnation in accordance with the City Guidelines for Digital Submittal in duplicate on 5-1/4" lID or 3-1/2" disks prior to the approval of each Final Map. 116. Tie the boundary of the subdivision to the Califomia System -Zone VI (1983). 117. Prior to approval of the first final map within each Village, the developer shall submit and obtain the approval of the City of a master final map ("A" Map) over the portion of the tentative map within each Village area showing '!;uper block" lots corresponding to the units and phasing or combination of units and phasing thereof Said "A" map shall also show the backbone street dedications and utility easements required to serve the '!;uper block" lots. All '!;uper" block lots created shall have access to a dedicated public street. Said "A" map shall not be considered the first map as indicated in other conditions of approval unless said map contains single or multiple family lots or a subdivision of the multiple family lots shown on the tentative map. A lot line adjustment, if utilized in accordance with City standards and procedures, shall not be considered the first "A" Map. The subsequent development of a multiple family lot which does not require the filing of a 'E" Map shall meet, prior to issuance of a building permit for that lot, all the applicable conditions of approval of the tentative map, as determined by the City Engineer. Construction of non-backbone streets adjacent to multiple family lots will not need to be bonded for with the final ''A'' Map which created such lot. However, such improvements will be required to be constructed under the Municipal Code provisions requiring conslruction of street improvements under the design review and building permit issuance processes. In the event of a filing of a final map which requires oversizing (in accordance with the restrictions of state law and City ordinances) of the improvements necessary to serve other properties, said final map shall be required to install all necessary improvements to serve the project plus the necessary oversizing offacilities required to serve such other properties. 118. Signage shall be provided at Bouquet Canyon Drive and the pedestrian paseo in Village Five and at Stanislaus Drive and the pedestrian paseo in Village One which alerts motorists to a pedestrian mid-block crossing. A signage plan indicating the location and content of said signs shall be reviewed and approved by the Planning Director prior to approval of the appropriate final "B" Map, as determined by the Planning Director and City Engineer. 119. Pursuant to the provisions of the Growth Management Ordinance (Section 19.09 of the CYMe) and the Otay Ranch General Development Plan (GDP), the Applicant shall complete the following: (1.) Fund the preparation of an annual report monitoring the development of the CONFINA2.DOC 26 /'~ft;) ViliS; Ph2A& 5 Printed: 3/20/97 ...-----.-........-----......---.--.... community of Otay Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and services governed by the threshold standards. An annual review shall commence following the first fiscal year in which residential occupancy occurs and is to be completed during the second quarter of the following fiscal year. The annual report shall adhere to those guidelines noted on page 353, Section D of the GDP/SRP; and (2.) Prepare a five year development phasing forecast identifYing targeted submittal dates for future discretionary applications (SPAs and tentative maps), projected construction dates, corresponding public facility needs per the adopted threshold standards, and identitying financing options for necessary facilities. 120. The owners of each Village shall be responsible for retaining a project manager to coordinate the processing of discretionary permit applications originating ITom the private sector and submitted to the City of Chula Vista. The project manager shall establish a formal submittal package required of each developer to ensure a high standard of design and to ensure consistency with standards and policies identified in the adopted SPA Plan. The project manager shall have a well rounded educational background and experience, including but not limited to land use planning and architecture. 121. The applicant shall submit copies of any proposed C.C. and R's for review and approval by the Director of Planning and the City Engineer prior to approval of each fina1 'B"Map. 122. Fully accessible handicap access shall be provided at the ends of the following cul-de-sacs: Artesia Street, Glendora Court, Calistoga Avenue, Monte Sereno Avenue, Antioch Avenue, Coalinga Court, Westmoreland Street, Cordelia Street, Iowa Hill Court, Live Oak Street, Marion Court, Lodi Court, Larkspur Court, Santa Lucia Road, Parker Mountain Road, Geyserville Street, Escalon Court, Sheep Ranch, Meeks Bay Drive, Harrills Mill Avenue and Volcano Creek Road. Access via stairs shall be provided at the ends of the following cul-de-sacs: Stanislaus Drive, Amador Street, Woodsford Court, Lockeport Court, Clovis Court, Millbrae Court, Mayfield Court, Cache Creek Road, Jedediah Road, Kingsburg Avenue and Lassen Peak Street 123. The CPF-2 site located within Village One, shall be considered a floating designation and shall be located in Neighborhood R-15. Project design for this site will be submitted, reviewed and approved by the Director of Planning concurrently with the Precise Plan for this area. 124. If developer desires to do certain work on the property after approval of the tentative map but prior to recordation of the applicable fina1 'B" Map, they may do so by obtaining the required approvals and permits ITom the City. The permits can be approved or denied by the City in accordance with the City's Municipal Code, regulations and policies. Said permits do not constitute a guarantee that subsequent submittals (i.e., final 'B" Map and improvement plans) will be approved. All work performed by the developer prior to approval of the applicable 'B"Map shall be at developer's own risk. Prior to permit issuance, the developer shall acknowledge in writing that subsequent submittals (i.e., final 'B" Map and improvement plans) may require extensive changes, at developers cost, to work done under such early permit. The developer sha1l post a bond or other security acceptable to CONFINA2.DOC 27 ) t/-t/¡ Viii S; Ph2A& S Printed: 3/20/97 --~...__....__..... the City in an amount detennined by the City 10 guarantee the rehabilitation of the land if the applicable final 'B"Map does not record. PHASING 125. If the applicant modifies the SPA One approved phasing plan, the applicant shall submit to the City a revised phasing for review and approval prior to approval of the first final 'B" Map. The PFFP shall be revised where necessary to reflect the revised phasing plan 126. If phasing is proposed within an individual map or through multiple final maps, the developer shall submit and obtain approval for a development phasing plan by the City Engineer and Director of Planning prior to approval of any final map. Improvements, facilities and dedications to be provided with each phase or unit of development shall be as detennined by the City Engineer and Director of Planning. The City reserves the right to require said improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet the requirements of police and fire departments. The City Engineer and Planning Director may, at their discretion, modifY the sequence of improvement construction should conditions change to warrant such a revision. 127. The Public Facilities Finance Plan or revisions hereto shall be adhered to for the SPA and tentative map with improvements installed in accordance with said plan or as required to meet threshold standards adopted by the City of Chula Vista. The PFFP identifies a facility phasing plan based upon a set of assumptions concerning the location and rate of development within and outside of the project area. Throughout the build-out of SPA One, actual development may differ ITom the assumptions contained in the PFFP (i.e., the development ofEastLake III). Neither the PFFP nor any other SPA One document grant the Applicant an entitlement to develop as assumed in the PFFP, or limit the SPA One's facility improvement requirements to those identified in the PFFP. Compliance with the City of Chula Vista threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlements and market conditions, shall govern SPA One development patterns and the facility improvement requirements to serve such development. In addition, the sequence in which improvements are constructed shall correspond to any future Eastern Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and Ordinance adopted by the City. The City Engineer may modifY the sequence of improvement construction should conditions change to warrant such a revision. Concurrent with the approval of the first final map approved after the PFFP for the EastLake ill GDP Area, the Applicant shall update, at the Applicant's expense and subject to a Reimbursement Agreement, the SPA 1 PFFP and agrees that the City Engineer may change the timing of construction of the public fàcilities, including without limitation, the nature, sizing, extent and timing for the construction of public facilities caused by SPA One, shall become a condition for all subsequent SPA One entitlements, including tentative and final maps. CODE REQUIREMENTS 128. Comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. CONFINA2.DOC 28 Jij-YcJ Viii S; Ph2A& S Printed: 3/20/97 --~"-- 129. Underground all utilities within the subdivision in accordance with Municipal Code requirements. 130. Pay the following fees in accordance with the City Code and Council Policy: a. The Transportation and Public Facilities Development Impact Fees. b. Signal Participation Fees. c. All applicable sewer fees, including but not limited to_sewer connection fees. d. Interim SR-125 impact fee e. Telegraph Canyon Sewer Basin DIP. f Poggi Canyon Sewer Basin DIP as may be adopted by the City in the future. g. Telegraph Canyon Basin Drainage DIP. h. Reimbursement District for Telegraph Canyon Road Phase 2 Undergrounding. I. Otay Ranch Reserve Fund fee. Pay the amount of said fees in effect at the time of issuance of building pemúts. 131. Comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The developer shall be responsible for providing all required testing and documentation to demonstrate said compliance as required by the City Engineer. 132. Ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments" pursuant to Municipal Code Section 5.46.020 regarding projected taxes and assessments. Submit disclosure fonn for approval by the City Engineer prior to Final Map approval. 133. Comply with Council Policy No. 570-03 ifpump stations for sewer purposes are proposed. 134. Comply with Council Policy No. 522-02 regarding maintenance of natural channels within open spaces. 135. The applicant shall comply with all aspects of the City of Chula Vista Landscape Manual. 136. The Applicant shall comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended ITom time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures (19.09.100). CONFINA2.DOC 29 /1-'13 Vii! 5; Ph 2A& 5 Printed: 3/20/97 ^~._.... .._ ..._.__.'_.._..._~._U."..__~___ ___......__._ The applicant acknowledges that the City is presently in the process of amending its Growth Management Ordinance to add a proposed Section 19.09.105, to establish provisions necessary to ensure compliance with adopted threshold standards (particularly traffic) prior to construction of State Route 125. Said provisions will require the demonstration, to the satisfaction of the City Engineer, of sufficient street system capacity to accommodate a proposed development as a prerequisite to final map approval for that development, and the applicant hereby agrees to comply with adopted amendments to the Growth Management Ordinance. 137. Upon submittal of building plans for small lot single family (5,000 square feet or less as defined in the City of Chula Vista Design Manual) residential development, plans shall clearly indicate that 750 square feet of private open space will be provided. 138. The applicant shall apply for and receive a take permit ITom the appropriate resource agencies or comply with an approved MSCP or other equivalent 10(a) permit applicable to the property. 139. All proposed development shall be consistent with the Otay Ranch SPA One Planned Community District Regulations. GUARDED AREAS 140. The following locations as proposed by the applicant are authorized for guarded entrances: Santa Ynez Avenue and Santa Lucia Road in Village One, including the multi-family neighborhoods R-20 and R-21; Santa Rosa Drive and Santa Paula Drive in Village Five. Emergency access locations are authorized at Morgan Hill Drive between R-I0 and R-ll in Village One, and Bouquet Canyon Road between R-24 and R-25 in Village Five. 141. Guarded entrances shall not have physical barriers and shall be staffed ITom dusk until dawn. 142. Parks located within guarded areas shall not receive park credit. 143. All streets within guarded areas shall be designated as private. Design of said streets shall meet the City standards for public streets unless otherwise approved by the City Engineer. Private street cross sections shall conform to those shown on the Tentative Map. 144. All private streets shall be included in separate lots. The applicant shall provide a certificate granting to the City a public utility easement over the entire private street lots on the appropriate Final "B" Map. 145. Guarded entrances shall: a. Require approval by the City Engineer and the Planning Director. b. Provide sufficient room on the private roadway to queue without interrupting traffic on public streets. CONFINA2.DOC 30 ;t/-I! ViliS: Ph2A& S Printed: 3/20/97 .'.-......-.".--.-..... - c. Provide a turn around. The size and location of said turn around shall be approved by the City Engineer. d. Provide a clearly delineated border between public and private streets through the use of distinctive pavements. e, Provide a dedicated parking space for the gate attendant. f. Be equipped with a video camera to record entering and exiting vehicles. 146. The CC and R's shall prohibit 'speed bumps" on private streets. The CC and R's shall also include language which states that any proposal by the HOA to delete staffing or to allow 'speed bumps" in the future shall require prior written approval of 100% of all the Homeowner's Association members. 147, Physical barriers shall be prohibiled at the entrances to guarded areas unless specifically approved by City Council. 148. Emergency entrances shall be provided with mechanical gates and an 'Opticom" system, or some other automated system with backup and/or fail safe features acceptable to the Police and Fire Chief. 149. Prior to approval of any 'B" Map proposing private streets, the applicant shall initiate and complete the process enabling the City to enforce the California Vehicle Code on said private streets. 150. The MHOA shall be responsible for the maintenance and operation of all facilities within the common areas and streets behind the guarded entrance. The facilities to be maintained include, but are not limited to, pavements, sidewalks, street trees, streel lights including energy, street sweeping, private drainage facilities and landscaping of private common areas. The only facilities to be maintained by the City are mainline sewers and public concrete drainage facilities (i.e., pipes and catch basins). 151. Future property owners shall be notified during escrow, by a document to be initialed by the owners, and approved by the City Engineer and Director of Planning, of the maintenance responsibilities of the MHOA and their estimated annual cost. CONFlNA2.DOC 31 /Lj~tjÇ Vili5; Ph2A& 5 Prinled: 3/20/97 ... _._. m_'·_"'_..~___.__._ '-'- 2727 Hoover Avenue National City, CA 91950 (619) {77·1117 t4ðR 2 5 March 25, 1997 .\."McMillin Companies Honorable Mayor and Members of the City Council City ofChula Vista 276 Fourth Avenue Chula Vista, CA 91910 Re: Tentative Tract No. 96-04, Otay Ranch Village Five Honorable Mayor and Members of the City Council: The McMillin Companies, as prospective buyers of the West Coast Land Fund property adjoining the subject site, have some comments to the proposed Tentative Subdivision Map for the "remainder portion" of Village Five of Otay Ranch, SPA One. We are currently meeting with your staff to prepare and submit a tentative subdivision map and necessary SPA amendments for the SPA One area of the West Coast Land Fund Property. We anticipate tentative map approval in May, 1997. As we move forward with our project and attempt to coordinate the development of our respective properties, a number of interface conditions and issues have arisen. After reviewing the proposed Tentative Subdivision Map and Conditions of Approval for the "remainder portion" of Village Five we have the following comments to offer: 1. Condition #22 in part requires the developer to dedicate on the final "B" Map the right-of-way to extend seven streets to the easterly subdivision boundary of Village One. These streets extend into our Neighborhood R- 12. Based on our proposed tentative map, request that only two streets be extended, the precise location to be determined through tentative map reVIew. 2. Condition #43 refers to traffic circulation around parks P-4 and P-5. Park P-5 is located entirely on West Coast Land Fund property and should not be referenced. 3. Condition #77 refers to the design of Park P-9. Park P-9 and the paseo are divided between West Coast Land Fund and Village Development ownership. Per recent discussions with your staff, Park P-9 and the paseo connecting this park to Park P-6 should be designated public park land. Condition(s) should be revised to designate Park P-9 and the paseo a public park. The Open Space lots behind (westerly) parcels R-28 and R-29 designating the paseo on Village Development's property should be redesignated to park lot. H:\DATA\RDR\CFUKUY AM\CITYCOUN.DOC /1/Y? -----_._~ .---_.~...- Honorable Mayor and City Council 03/25/97 Page 2 4. Condition #81 requires that mini-parks be maintained by a funding entity other than the General Fund. Park P-9 and the paseo should be redesignated "neighborhood park" to pennit General Fund maintenance. 5. Condition #109 refers to an "Improvement Phasing Schedule", which is to be approved prior to approval ofthe first final "B" map. The Improvement Phasing Schedule refers to improvements that are located on West Coast Land Fund ownership. The differences in ownership within the SPA necessitates independent Public Facility Finance Plans to reflect multiple ownerships and separate improvement obligations. 6. Due to the condition of multiple ownerships, your staff has administratively redesignated a portion of property that lies within West Coast Land Funds ownership from "multifamily residential" to Park P-6 and School S-2 to reflect ownership conditions. We would encourage this type of administrative judgment as we are confronted in the future with situations resulting from multiple ownership. Our comments have been prompted by the necessary coordination of two adjoining properties under separate ownerships. The GDP, SPA Plan and other related documents do not anticipate multiple ownerships. We envision that this is the initial step in a series of policy decisions amending the adopted policy documents to accommodate multiple ownerships. Sincerely yours, t<CM/j' T ~~a ? /l(Ylú Craig T. Fukuyama Vice President CTF:hmo cc: Jerry Jamriska, Otay Ranch Project Manager Ed Dailey, West Coast Land Fund H:\DATAIRDR\CFUKUY AMlCITYCOUN.DOC /y/ rl --~---- -~--~----~-~._.__.._.~.._-~-----_.~-~--~-"-~- - _._---_._~---_._._------_.~--- COUNCIL AGENDA STATEMENT /J Item: Resolution /8"'t- /7{pprOVing Meeting Date: 3/25/97 ITEM TITLE: the Purchase of 800 MHz Radio Communications Equipment from Motorola, Inc, for the Dispatch Center, Police Department and the Fire Department Subject to Obtaining Financing therefor. SUBMITTED BY: Fire Chief rr-;.- Chief of Police /è !' Director of Finance REVIEWED BY: City Manager rç;;t (4/5ths Vote: Yes _NolL) Capital Improvement Program project #PS 146 (800 MHz Radio Project) approved by the Council in June of 1996, involves the purchase of the 800 MHz radio equipment for the Fire Department and Fire Dispatch in the current fiscal year, and the proposed purchase of the balance of the Dispatch Center equipment and Police equipment in the first quarter of Fiscal Year 1998 (July 1997), In the interest of efficiency it is proposed that the order for the equipment be placed and the installation take place for all of the equipment at one time. RECOMMENDATION: Staff recommends that Council approve the radio equipment purchase subject to obtaining financing therefor. BOARDS/COMMISSIONS RECOMMENDATION: None DISCUSSION: Backaround As part of Fiscal Year 1996-1997 budget process, Council approved the 800 MHz Radio Project (PS-146) to be included in the Capital Improvement Program for 1996-1997. PS-146 suggested phasing of the Project over a number of years, and in the first year, completing the 800 MHz radio communications system sharing agreement with the City of San Diego (to be a user of their system infrastructure or "backbone") and purchasing the necessary equipment to bring the Fire Department units on-line. In November 1996, the Council approved the agreement with the City of San Diego (Resolution # 18478 - attached as Exhibit A) for the system sharing, and since that time, Staff has been working closely with the City of San Diego Staff and Motorola to identify the Chula Vista- required elements to complete our portion of the system, including Dispatch Center radios, computer support, consoles and support hardware; Fire Department radios and chargers; and Police Department radios and chargers. Proposal to Purchase all Public Safetv Eauioment at One Time The 800 MHz Radio Communications CIP Project proposed, for cash flow reasons, that the Fire Department 800 MHz radio and dispatch equipment be purchased in the current year separate from the balance of the public safety radio equipment (Police and Police Dispatch), which was scheduled for purchase in the 1st Quarter of Fiscal Year 1997-98 (anticipated by staff to be ordered in July 1997). /s-/ i. _~__n~'_.._.. --..--.-------.---- . _.__._.,--~--_._.--.--_._-".. Meeting Date: 3/25/97 Page: 2. Another project also before the Council on this agenda is the Public Safety Communications Project (PS-115), also known as the Com outer Aided Disoatch (CAD) Proiect. The CAD project involves the purchase and installation of significant hardware, software and related equipment for the Dispatch Center, the Fire Stations, and the Police Station, as well as the integral Mobile Computer Terminals for the Police vehicles and Fire vehicles, The Mobile Computer Terminals (MCT's) require a dedicated radio frequency over which to transmit dispatch, field inquiry and field report information, The CAD project implementation scheme for the MCT's is predicated upon the availability of a 150 MHz Very High Frequency (VHF) frequency currently utilized by Police for daily operations. The solution proposed for the Police Department to vacate this frequency is to switch their operations to 800 MHz in sufficient time to meet the requirements of the CAD/MCT system. Staff has investigated other possibilities for frequencies, and none, at this point, have been viable. Staff has found, however, that we may be able to "borrow' a VHF frequency from the City of San Diego for an interim period while the Police Department transitions to 800 MHz. This possibility is complicated at present by licensing issues, While this does not solve the basic problem of permanently obtaining a frequency for the MCT system, having this frequency available will greatly assist the transition to the new system. The proposed agreement with UNISYS for the CAD/MCT system calls for acceptance of the MCT system in July of 1997, and requires, prior to that time, that each of the affected public safety vehicles be removed from service in order to have the necessary equipment installed, It is clear, with the operational difficulties the Police and Fire departments will invariably incur as a result of having front-line equipment out-of-service, that out-of-service periods for any piece of equipment should be absolutely minimized. It is staff's recommendation, therefore, that the Police and Fire 800 MHz radio equipment be purchased together, and as soon as is practical for the following reasons: 1. The MCT system ultimately needs to run on a currently-used 150 MHz frequency; and 2. The 150 MHz frequency can be made available by switching Police over to the San Diego 800 MHz; 3. The Police and Fire vehicles need to be out-fitted with the 800 MHz radio equipment; and 4. The Police and Fire vehicles need to be out-fitted with the MCT equipment prior to a July, 1997 acceptance window; and 5. The operational impact on the public safety vehicles taken out of service will be minimized, and better coordination of the installed equipment will be realized if they are installed at the same time; and 6. The Dispatch Center will experience a better overall integration of the 800 MHz radio equipment with the CAD console equipment if they are installed in direct coordination with the UNISYS installer, if not performed at the same time. )Y2 -."'. --- "-"'_..".._-~_.__._.'..'_... ----_._---~_. Meeting Date: 3/25/97 Page: 3. 7, As side issues, it is far more manageable and efficient for the City of San Diego to program the radios for us all at one time, Selection of Vendor for Radio EauiDment The City of San Diego competitively bid their 800 MHz radio communications system and Motorola, Inc. was awarded the contract to provide the user equipment and the "backbone" system for the greater San Diego area. Motorola's SMARTNET II® 800 MHz trunked radio communications system uses proprietary protocols in the system controller and it is not compatible with any other vendor's system, Due to the need for regional compatibility for public safety communications, there is no other choice of vendor available to the City. In other situations such as this where the City has not issued an RFP for specific services or equipment, Resolution #6132 and Chula Vista Municipal Code Section 2.56.270 authorizes the Purchasing Agent to join with other public agencies in cooperative ventures. The Purchasing Agent recommends that the City purchase this equipment under existing agreements that Motorola has with other public agencies, such as the City of San Diego and the County of San Diego. The list of equipment proposed to be purchased is attached for your information as Exhibit B. On-aoina EauiDment Contract Pricina The City and the County of San Diego included in their agreements with Motorola a provision for contract pricing on an on-going basis for additional radio equipment purchases. The pricing schedules are re-issued annually and are adjusted, as agreed, by a negotiated inflation factor. The City will continue to be able to purchase equipment from the existing contracts Installation, Trainina, and ComDuter EauiDment In Motorola's original proposal, they included responsibility for installation services, training, and providing the computer equipment for the Dispatch Center, and submitted quotes therefor. In reviewing the proposal and checking with vendors which offer the installation and training services, it was apparent that the City could contract directly with a vendor and save the 50% mark-up Motorola added to their subcontractor's services. Similarly, the City can save significant money by buying the necessary computer equipment for this system directly from the City's regular vendors. Staff will return to Council for approvals regarding these items, as appropriate, after financing is obtained. FISCAL IMPACT: The overall fiscal impact of the implementation of the 800 MHz radio communications system includes: · Backbone buy-in to the City of San Diego :$100,000 - approved by Council Reso #18478 · Purchase of Fire, Police and Dispatch Radio Equipment from Motorola: $790,000 · Costs for Installation Services and Training: $35,000 · Purchase of Public Works/Parks/ Building and Housing, etc. radio equipment :$165,000 · On-going maintenance costs per agreement with San Diego - to be budgeted in operational budgets each year as the equipment is phased into operation over the next 3-5 years (Fire:$16,215; Police:$77,000; Public Works/Parks/ Building and Housing, etc.:$48,000), JS-J ^"--~-_..,._-- --------~.._._-_._----~----_._._-_.- Meeting Date: 3/25/97 Page: 4. It is anticipated that the project will be financed on a lease purchase basis through the Calease Program. Calease was established by the league of California Cities and the California State Association of Counties to provide cost effective financing for equipment purchases and other capital projects on a tax exempt basis. The transaction will require the City to enter into a lease agreement with Calease requiring the City to make quarterly payments of principal and interest over a ten to fifteen year period with the City owning the equipment at the end of that term. Although the financing cost will be a factor of the lease term and the competitively bid lease interest rates, staff estimates the financing costs (interest) over the anticipated 10 year period of the loan will be approximately $200,000. Staff will make every effort to reduce these costs as much as possible. ~ Total project costs (exclusive of annual maintenance costs) including the financing costs over the 10-year term:$1 ,290,000. Exhibits: .£ Resolution #18478 and Agenda Statement - Approving the System Sharing Agreement with the City of San Diego (; 'B' Proposed Radio Equipment Ust for purchase from Motorola ~~ ~O /yf --.-,---,.-,.- --- -- - - --.~_.._-----~_._--- COUNCIL AGENDA STATEMENT Item: Meeting Date: 11/05/96 ITEM TITLE: Resolution \ <ï:,L.\Î0 Approving the 800 MHz Communications System Agreement with the City of San Diego. SUBMITTED BY: Fire Chiefllf>¡{- . _ . _ Chief of POlicè'''''1.;, ,t'" 7.:.~t.- ) REVIEWED BY: City Manager (4/5ths Vote: Yes_NolÇ...) Capital Improvement Program project # PS 146 (800 MHz Radio Project), approved by the Council in June of 1996 involved negotiation of an agreement for co-use of the City of San Diego's 800 MHz system to support radio operations for Fire, Police, Public Works, Parks and Recreation, Inspection, and other related users. RECOMMENDATION: Staff recommends that Council approve the 800 MHz Communications System Agreement. BOARDS/COMMISSIONS RECOMMENDATION: None DISCUSSION: As part of Fiscal Year 1996-1997 budget process, Council approved the 800 MHz Radio Project (PS- 146) to be included in the Capital Improvement Program for 1996-1997. PS-146 suggested phasing of the Project over a number of years, and in the first year, completing the "backbone" system sharing agreement with the City of San Diego and purchasing the necessary equipment to bring the Fire Department units on-line: As noted in previous discussions with the Council on this subject (see attached Supplemental Budget Report), most of the larger fire departments which surround Chula Vista have moved away from a VHF (100-220 MHz) radio system, and now operate on 800 MHz frequencies. As a result, Chula Vista's daily coordination of automatic aid situations with these jurisdictions requires the use of borrowed equipment and complicated communications relays between field units, supervisors, and dispatch centers. Consequently, it has become necessary for the Fire Department to make this transition as soon as possible, with the Police Department following early in FY 1997-1998. Staff investigated a number of different options for 800 MHz (and non-800MHz) communications, including building our own system, teaming with other municipalities, and joining the Regional Communications System (County system). When evaluating the possibilities in terms of system availability, functionality, and overall cost, the City of San Diego System emerged "head and shoulders" above all other options. City of San Diego 800 MHz Svstem /s¿ The City of San Diego developed and installed their own 800 MHz analog trunked radio network which became operational in 1992. Because of operational efficiencies realized after the system was -.. ....-.--..-.-- ç 1iY\ìb\+l' -_._-~._-_..- Item: Meeting Date: I I /05/96 Page: 2 placed into service, they found that their system actually had more capacity than originally contemplated. San Diego can now accept more system users to share in the cost of the system at an affordable rate. Costs to Chula Vista involve a buy-in fee ($100,000) as well as per-unit costs for backbone maintenance. Staff has conducted radio coverage tests of the San Diego system using portable 800 MHz radios, and has found that the dead zones present in the current VHF system coverage are alleviated. Additionally, Staffs research of the San Diego system and has found that there is sufficient capacity for not only Fire and Police operations, but for all of the balance of the City's radio communication needs as well (Public Works, Parks and Rec, etc.) While San Diego's system has both Voice and Data capability, San Diego has indicated that their Data system is saturated and would be unavailable for Chula Vista's use. Chula Vista's need for Data arises from the proposed Computer-Aided Dispatch/Mobile Data Computer System, where major efficiencies can be achieved in dispatching and police/fire officer field work. Data transmission is highly integral to the proposed CAD/MDC project (CIP Project # PS-115) and is not discussed here, except to point out that in the absence of being able to utilize San Diego's 800 MHz frequencies to transmit the data to the mobile computers, Chula Vista will simply utilize a few of our existing VHF frequencies as the carriers for a full-functioning data system. Should the Federal Communications Commission eventually require vacation of the current VHF frequencies (as they are proposing to do at some point in the future), we would look to subscribing with another readily available option for data transmission. The Aareement Staff met with representatives from the City of San Diego to pursue an agreement to permit co-use of the City of San Diego 800 MHz system by Chula Vista Fire, Police, Public Works, Parks and Recreation, Inspection, and other related users. Highlights of the proposed agreement follow: · San Diego to provide access by Chula Vista to their 800 MHz Smartnet II communications network; · Chula Vista to pay San Diego $100,000 as the Initial Access Charge to the system. The one- time charge is "standard" and is the same that San Diego charges itself for non-general fund subscribers (Water Utilities, Metropolitan Wastewater, Building Inspections, etc.) Funds are used for system maintenance and capital improvement. · Chula Vista to pay monthly "per unit" charges for radios on the San Diego system. This is an on-going, variable charge divided into two components: a fixed $25.00 charge, and a variable charge currently at $4.50 (a current total of $29.50 per radio). This variable component (only) is subject to annual increases not to exceed the All Urban Consumers Price Index for the San Diego Region for the most-recent 12 months. These also are standard charges for all San Diego non-general fund 800 MHz communications system subscribers. /5--Þ _ .___....__ .' __""_"".___~_u._,,.._______~,.__~____.._.___."...,.,"_.~.,__ Item: Meeting Date: 11 /05/96 Page: 3 · Initial term extends for 10 years with termination available with 90-day notice. Extensions for successive periods available upon mutual consent of the parties. · Agreement permits the other jurisdictions (Bonita and Imperial Beach) for which Chula Vista provides dispatching services to access the system as well. Should Chula Vista contract with additional jurisdictions for dispatch, these agencies would also be permitted access to the system. · Modifications to the system affecting Chula Vista are to be agreed to by both parties in advance. Fiscal Impact: $230,200 have already been appropriated for Fiscal Year 1996-1997 for CIP Project # PS-146. Sufficient funds are available to support the terms of this agreement which only include Chula Vista's buy-in to the City of San Diego 800 MHz system backbone ($100,000). This first year phase also includes purchase of radios and equipment for the Fire Department, with the Police radios and equipment purchase following in the 1st quarter of Fiscal Year 1997-1998. Staff will return for Council review of the purchase of the Fire radio equipment in the 3rd quarter of this year. For future budget years, the on-going ·per radio' fees to be paid to San Diego will be budgeted within the appropriate object account of the using departments' budgets. Attachments: City of San Diego 800 MHz Communications System Agreement 1996-97 Supplemental Budget Report: 800 MHz Communications System /S-" ? ." ____·_____·___···__...·_".w ."_.."._...~.._-~--_._--_....__._-_..- RESOLUTION NO. ) fš ¿;I RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PURCHASE OF 800 MHz RADIO COMMUNICATIONS EQUIPMENT FROM MOTOROLA, INC. FOR THE DISPATCH CENTER, POLICE DEPART- MENT AND THE FIRE DEPARTMENT SUBJECT TO OBTAINING FINANCING THEREFOR WHEREAS, the need exists for city radio communications to migrate from the current Very High Frequency band to the 800 MegaHertz (MHz) band; and WHEREAS, in the City of Chula vista Fiscal Year 1996-97 Capital Improvement Project Budget, the City Council approved CIP #PS-146 also known as the 800 MHz Radio Communications System project ("System"); and WHEREAS, on November 5, 1996 the City Council approved Resolution #18478: an agreement with the City of San Diego for co- use of their 800 MHz radio communications system to support operations for Fire, Police, Public Works, Parks and Recreation, Building and Housing, and other City users; and WHEREAS, city requires the services of Motorola to provide the necessary communication system equipment which will be complementary to the City of San Diego's 800 MHz communication system; and WHEREAS, Motorola possesses the necessary skills and qualifications to provide said equipment. NOW, THEREFORE, BE IT RESOLVED the city Council of the city of Chula vista does hereby approve the purchase of 800 MHz radio communications equipment from Motorola, Inc. for the Dispatch Center, Police Department and the Fire Department subject to obtaining financing therefor. Presented by Approved as to form by fß~~,~~'" ' James B. Hardiman, Fire Chief Jo . Kaheny, ~ty Att~ C:\ra\800.hz IS'- 5' / ~ '6' ,__..___ ·····_·~_·___·__·_.··_h RESOLUTION NO. 18478 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VIST AAPPROVING THE 800 MHZ COMMUNICATIONS SYSTEM AGREEMENT WITH THE CITY OF SAN DIEGO WHEREAS, Capital Improvement Program Project No. PS 146 (800 MHz Radio Project), approved by the Council in June of 1996, involved negotiation of an agreement for co-use of the City of San Diego's 800 MHz system to support radio operations for Fire, Police, Public Works, Parks and Recreation; and WHEREAS, staff met with representatives from the City of San Diego to pursue an agreement to permit co-use of the City of San Diego 800 MHz system and negotiated the attached agreement. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the 800 MHz Communication System Agreement between the City of San Diego and the City of Chula Vista, a copy of which in on file in the office of the City Clerk as Document No. C096-199. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by f~ h. M~ C~ ~ YV1 Á'NA º- ¡Óames Hardiman AnnY.Mooe - Fire Chief Acting City Attorney /S~7-J r'1¡;.~p·-I]~'·· l '-"~7 O·.l; 11::, rr:":-,'f¡ fC[, I"HID Ie II CII,I':,I I 11-] r:.':11 ~{)~.';"' F'.OS City 01 Chul. YI.UI .--.!!.,~_____. º!Y__._~~~~_~~...~~.~~. ----..~"~~2!!~ry.._...__n.._. _. ._________.__+.... ... ____._4_ ,__..uY_,!i!'p..!!£.!__~ _..._____l9.!~_ Console Equipment List 1 ~j BKN1000_200 200' Slandard Cable 34500 1,03800 2 3 61635 Desktop CRT Imertace 9,69000 29,07000 3 3 K703AD Gooseneck mic 243,00 729.00 4 3 K238AW Remote Operator Intertace 9600 Bauó 2,44900 v 7,34700 5 3 K570AC Compec! HeMsel Jack 9300' 279,00 6 3 K704AD Second HeadselJack 9300, 279 00 7 3 K572AF Dual FOOISwitch 70,00 ' 21000 8 31\739 Au, SI~na"n~ Input wl~TT Input 55,00 , 165,00 9 3 BKNS170 Telephone Headset Interface Cable 9700 . 29100 10 3 x211 Windows Installation 45000 v 1,35000 II 3 K756 ShIp Loose Box 18,00 5400 12 I BLN7058 VHS Video 2500 25,00 13 , K301 AAS~ "emote Handset 131.00 131 00 End of CDA List 14 3 TDN9925 Operator Compuler war<, slalion 1,89000 5.670,00 15 3 TDN1126A , r COlor Monitor 1,045,00 3,13500 16 3 TDN788 I 3 Bunon Mouse 8S 00 258,00 18 56881120E36 Operator Manual 1725 86,25 19 2 TON8518 Modem Card Cage - 16 modem cap 1,25900 2,51800 20 6 TDN6523 Moóem Carós, AMI 6M·Y 3225 930,00 5,58000 $58.215.25 v togging Control Statlone $0.00 Sy.tem Watch Terminor 2S 1 T5491 System Watch II 1, I 0 sY51em 4,84000 4640 00 25 a 1 0952 Add' RIM II wllh cablos '0000 700.00 27 I MOIMX MCS2000 mobile 31900 319,00 27 a 1812W 800 MHz 10·15 Watt I 464 00 4a4oo 27 b 1 H37 Adó: SMA"TNET System Package 434 00 434,00 27 c 1 H665 Add: Control Station Operation 322 00 322 00 27 d 1 e7' CNST Del Standard Desk Mic !90 00) (900O) 28 I "KN4062 Cable, ee F>rogrammlMg 3925 39,25 29 1 TKN9241 RIM to PC Cable 4000 4000 30 1 TDF7160 8 dB yagl 16800 168,00 31 150 Ll7Q5 1/2" LDF cable 290 435 00 31 2 TDN8648 N male connector 4200 8400 $7,175.25 /s: /--2 Motorola Confidential A.nd Prop(i~TJry 3/7/97 £)(h"bt;f- \ í3 ( t ..-."-.--. - . ._'-~_.'-..._'-----._._- c ¡ . . . ,! ~IAR-07-1 997 O~: 17 FROl1 ED WALEI'~C II<OIJSI< I TO 6915057 P.06 .' , , City of Chul. VISIõI I I r \ I Control Stltiona , , For DJsplltch Center 32 5 MO'MX MCS 2000 Modell 319.00 1,595.00 32 a 5812W 800 MHz 15 Wan Output Power 484,00 2.420,00 32 b 5 H37 SMARTNET II Software 43400 2,17000 32 c 5 G24 Exteoded Warranty 48,75 243.75 32 d 5 8665 Control Stilt/on Operation 32200 1,610,00 32 e 5 B71 Delete Mic (90.00) (45000) 34 5 TRN7466 Rack Mounting Hardware 10000 500.00 35 4 TDf'7160 8 dB ya~i 1S800 632 00 36 1 TDF8481 Unity gain omnl 41600 41600 37 750 U70S 112" LDF Cable 275 2.082,50 38 10 TDN8649 N male connector 4200 420.00 $11,619.25 For Anlm.' Control 32 1 M01MX MCS 2000 Model I 31900 31900 32 a ,912W 900 MHz 15 Watt Output Power 484,00 484.00 32 b I H37 SMARTNET II So11ware 434 00 434 00 32 c 1 G24 Extended Warranty 48,75 4875 32 d , B665 Conlrol Stalion Operation 32200 322,00 32 e 1671 Delete Mlc (90,00) (90.00) 34 1 TRN7466 Rack Mounting Hardware 10000 100.00 35 , TDF7160 8 dB yag; 15800 158.00 36 I TDF6481 Unity ~aln omn! 41600 416,00 37 150 L1705 1/2" LDF Cable 2.75 41250 38 2 TDN8648 N male conneetor 4200 84,00 $2,688.25 Optional Call Cheçk Recorders Optton 1 " Dual Call Check Recorderll . 1 RadiO /1 Telephone Option 2 . Sil1ile On Screen Call Check RecOrd." Test Equlpmenl To be purchased through a dealer by City Of Chula Vista Contact DOn Werner (562) 945·2908 /S- ?:J Motorola Confidential And Proprietary 317/97 2 - · " MAR-07-1':1':17 04: 17 FRO~1 ED I,JALENC ¡ I<OIJSK ¡ TO 6915057 P.D7 City 01 Chula VIsta Subscriber Aedios & Aceessories Pollee Depel1men' 45 7 MC4ZX SPECTRA ANALOG MOTORCYCLE RADIO PD 2,146.00 15,02200 45a 7 077W 15 WATT 600 806,870 W4 ROTARY 34700 2,429.00 45 b 7W15 ADD BLACK WEATHER RSNT ENCLOSURE 0.00 000 450 7 W995 ZONE MODE OPERATION 000 0.00 45 d 7 W992 FIELD PROGRAMMING 0.00 000 45e 7 G394AASP 250 MODE OPERATION 15000 1,050.00 451 7 W70 OMIT STANDARD ANTENNA (21.00) (147.00) 46 7 RRA·4983 3 DB GAIN ANTENNA 39.00 273.00 PACKAGE UNIT PI'IICE 2,661.00 18,627,00 47 25 MO' HX MCS2000 DASH MT MOBILE PO 66000 18,500.00 47 a 25 832W 800 MHZ 10·15 W III 780.00 19,000.00 47 b 25 H37 $MARTNET II SOFTWARE 434.00 10,850.00 47 c 25 H2S0 ENH: 250 MODE CAPABILITY 104.00 2,600.00 47 d 25 8432 ADD: EXTERNAL 13W SPEAKER AUDIO 2100 525 00 47 e 25 B123 3 DB GAIN ANTENNA 10.00 250 00 47 f 25 G24 2 YEAR EXTENDED WARRANTY 48.75 1,218.75 PACKAGE UNIT PRICE M37.75 50,943.75 46 52 MO'HX MCS2000 REMOTE MT. MOBILE PD 66000 34,320.00 48a 52 832W 800 MHZ 10·15 W III 780.00 39,52000 48b 52 H37 SMARTNET II SOFìWARE 434 00 22,586.00 480 52 H260 ENH' 250 MODE CAPABILITY 10400 5,40800 48d 52 8432 ADD: EXTERNAL 13W SPEAKER AUDIO 21.00 1,092.00 48 e 52 B123 3 DB GAIN ANTENNA 1000 520.00 48f 52 G24 2 YEAR EXTENDED WARRANTY 48.75 2,535 00 48g 52 B854 REMOTE MT OPTION 17' CABLE 17900 9,308.00 PACKAGE UNIT PRICE 2,216.75 115,271.00 49 7 T99DX ASTRO DIG SPECTRA MOBILE SERIES PD 1,44700 10,129.00 49 a 7'29W 35W 800 808-870 A3 525.00 3,675.00 49 b 7 W496 ENH: REMOTE MOUNT WITH 17 FT CABLE 217.00 1,519.00 490 7 G241 ASTRO READY ANALOG OPERATION 000 0.00 49 d 7 W70 DEL: ANTENNA (IB.17) (11319) 49 f 7 G50 SMARTNET SOFTWARE 434.00 3,038.00 50 7 RRA4983 ANTENNA. MOBILE, 806·900 MHZ 3900 27300 PACKAGE UNIT PRICE 2,645.83 18,520.81 51 134 H01QX MTS2000 PORTABLE SERIES 91200 122,208.00 51 a 134 204H MTS2000 III 3W 806·870 MHZ 604.00 80,93600 51 b 134 H37 SMARTNET II SOFTWARE 47400 83,51600 51 ç 134 H2S0 ADD 250 MODE CAPABILITY 114.00 15.278.00 51 d 134 H865 ADD: EXPRESS SERVICE PLUS 3600 4,824 00 51 e 134 H301 DELETE BELT CLIP (1000) (1,340.00) 51 d 134 H319 LEATHER SWIVEL CASE W/BEL T LOOP 34.00 4,55B.00 PACKAGE UNIT PRICE 2,164.00 28t,97G.Q0 o NTN7144 BATTERY, ULTRA CAP 8800 0.00 52 100 NMNB183 REMOTE SPEAKER MICROPHONE 71.00 7,100.00 53 14 NTN11S8 CHARGER, 110V SINGLE ENH 10000 1,400.00 54 21 NTN1177 CHAAGER MUL TIPLE UNIT B 574.00 12.054.00 55 24 N1B71 MTS2000 MOBILE VEHICULAA ADAPTER 353.00 8,472.00 58 4 Rl.N4335 BATTERY ELIMINATORS 6400 25600 57 2 BDN6666 3 WIRE ADUIQ SURVEllLANCF ACCESSORY 12600 256 00 58 2 BDN6676 3 WIRE AUDIO ADAPTER CABLE 4300 8600 ACCESSORIES TOTAL 1,333.00 29,624.00 POLICE DEPARTMENT TOTAL 13,058.33 522,962.56 Motorola Confldenfial And Pro~"etary ¿?7-y 3f7197 3 .'-"._.-_.,--~-- - . , , MAR-07-1 '337 04: 18 FROI'I ED I,lRLEHC II<OWSI< I TO 6915057 p.oe c City 01 Chule VlslB Subscrlbllr RadIos' Accessories Fire Depllrtmenl 59 16 M01 HX MCS2000 DASH MT. MOBILE FD 660 00 10,560.00 59 a 16 832W 800 MHZ 10·15 W III 76000 12,'60.00 59 b '61-437 SMARTNET II SOFTWARE 434.00 6,944.00 59 c 16 104260 ENH: 250 MODE CAPABILITY 104.00 1,664.00 59 d 16 8432 ADO: EXTERNAL 13W SPEAKER AUDIO 2100 33600 59 e 16 B123 3 DB GAIN ANTENNA 10.00 '60.00 59' 161324 2 YEAR EXTENDED WARRANTY 4ð75 780.00 PACKAGE UNIT PRICE 2,037.75 32,604.00 60 24 1040' OX MTS2000 PORT ABLE SERIES FO 91200 21,88800 60 a 24 204104 MTS2000 III 3W 806·870 MHZ 604.00 14,49600 60 b 24 10437 SMARTNET II SOFTWARE 474.00 11 ,376.00 60 c 24 H260 ADO: 250 MODE CAPABILITY 11400 2,736.00 60 d 24 1-4885 ADD: EXPRESS SERVICE PLUS 36.00 864 00 PACKAGE UNIT PRICE 2,140.00 5 I ,380.00 61 o NTN7144 BATTERY,ULTRA CAP 8800 0,00 62 , NTN1177 CI-4ARGER MULTIPLE UNIT 6 574,00 57400 63 24 TON9a,s VEHICULAR CHARGER 242 00 5,80800 ACCESSORIES TOTAL 904.00 6,382.00 Subscriber Rlldlos . Accessories Redlo Shop 64 2 H01QX MTS2000 PORTABLE SERIES FD 912,00 1,82400 54a 2 2Q4H MTS2000 III 3W 806-870 MHZ 604.00 1,20800 64b 210437 SMARTNET II SOFTWARE 474 00 948,00 54c 2 H260 ADD: 250 MODE CAPABILITY 11400 228,00 54d 2 104885 ADD: EXPRESS SERVICE PLUS 36.00 7200 PACKAGE UNIT PRICE 2,140.00 4.280.00 FIRE/RADIO OEPT SUBSCRIBER TOTAL 94,828.00 /.s-~ ?--- 3 MOlorola Confidential And Proprietary '317/97 4 ..__._~_.__._.__._-- COUNCIL AGENDA STATEMENT Item j¿, )2"'- If Meeting Date 03/25/97 ITEM TITLE: Resolution Awarding the Computer Aided Dispatch and Mobile Data Computer (CAD/MDC) Contract to Unisys Corporation Subject to Obtaining Financing Therefor. SUBMITTED BY: Chief of :l~ Fire Chief Director f Management & Info serv~ City Attorney ,"'" ~ REVIEWED BY: City ManagerJ~ IQ ..--t (4/5ths Vote: Yes..x.. No_) In June 1996, Council approved Capital Improvement Project PS-115, the Public Communications Project. This project will automate one of the City's critical functions: police, fire and emergency medical dispatch and provide for the purchase of mobile computer terminals in police and firé vehicles. Following Council's approval of PS-115, staff began negotiations with representatives from the Unisys Corporation. Upon award of the contract, implementation of the full project will take approximately 15 months. The estimated final system acceptance date by the City is June, 1998. RECOMMENDATION: That the Council award the CADIMDC contract to Unisys Corporation subject to obtaining financing therefor. BOARDS/cOMMISSIONS RECOMMENDATION: At its meeting of April 26, 1996, the Growth Management Oversight Commission (GMOC) recommended Council approval and implementation of a Computer-Aided Dispatch System for the Police and Fire Departments in an effort to meet GMOC thresholds. BACKGROUND: The Project and its Objectives The Public Safety Communications Project, PS-115, will provide an integrated Computer-Aided Dispatch ("CAD"). and Mobile Data Computer ("MDC") system. This proposed system is intended to replace the outdated system currently in place and to create the potential for a regional information system in the South Bay area. The CAD system is intended to replace a semi- automated "card" system which was designed and built over ten years ago as a stop-gap measure by the City's Information Services Department. The existing CAD system has far-exceeded both its life-expectancy and original design capacity, and is no longer effective. The MDC system is intended to quicken report writing and the process of making inquiries to law enforcement data bases. /j-/ --..-...-- The Pubic Safety Communications Project, PS-115, has three primary objectives: 1. Enhance the Level of Public Safety Services Provided by the City of Chula Vista by: 0 Reducing the amount of time Uniform Patrol Division personnel spend writing reports and reallocating the associated time savings to discretionary patrol activities. 0 Significantly diminishing the amount of time Uniform Patrol Division officers wait when making inquiries on personslproperty, and reallocating the associated time savings to additional discretionary patrol activities. 0 Getting public safety resources to the locations they are needed more quickly by reducing Emergency 9-1-1 phone call processing time. 2, Improve Officer Safety by: 0 Increasing the amount of information immediately available to public safety officers in the field about persons, property and premises. 0 Enhancing existing staff's ability to perform in-depth crime and criminal analysis, thereby enabling officers to prevent crime before it occurs. 3. Increase Support Staff Efficiencies in the Police and Fire Departments by: 0 Offsetting staffing needs of the Police Department's Communications Center. 0 Decreasing the amount of data that must be entered manually into local, regional and national law enforcement data bases, 0 Enabling Police and Fire Department supervisory staff to more efficiently and effectively manage information. 0 Potentially augmenting General Fund revenues through the development of opportunities for Chula Vista to provide regional public safety dispatch services, DISCUSSION As part of the Capital Improvement Program, Council approved a project to install a Computer Aided Dispatch System and Mobile Data Terminals for the Police and Fire Departments. Staff prepared and released a request for proposal and received responses for a CAD and Mobile Data Terminal System from four different vendors. After evaluating all of the responses, attending demonstrations of the software and hardware, and checking references, one vendor (HTE Corporation) went out of business and a second one (Ram Systems Development) was non-responsive and, therefore, eliminated. Staff then ranked the remaining vendors and began contractlprice negotiations with Unisys Corporation in late July, 1 996. /t/2 ,----- .._~..._. _.._- .----.- Page 3, Item _ Meeting Date O::lt,,,/Q7 Biddar Price wlo Sales Tax & Shiooino Unisvs Corooration $2,765,540 PlanninQ Research Corporation (PRC) $2,716,316 The decision to rank Unisys first was based primarily on the fact that the Unisys Lifeline product runs in the Windows 3.11 environment while the PRC product runs under DOS. The program running under Windows provides the user, in this case the dispatcher, with greatly enhanced capabilities in designing and tailoring the graphical user interface to each individual's needs, Status screens are shown in Windows 3.11. For example, one window will show the system status which includes available units, open calls, etc, This can save the dispatchers valuable time in dispatching their calls. In sll'T1mary, Unisys offered a "state of the art" "Windows 3.11" operating system, while PRC offered 15 to 20 year-old technology using a "DOS" based system. A DOS based system is a command line system requiring commands to be typed in for execution. In contrast, the Windows 3.11 based system, which is significantly more "user-friendly", uses graphical icons for the selection of commands to execute. Additionally, Unisys' Windows 3.11 based system is more compatible with existing City systems such as SunPro, which provides the Fire Records Management System (RMS) and the Geographic Infonnation System (GIS). Moreover, the Windows 3.11 system is more flexible and adaptable to future technological needs, The operating efficiencies gained from purchasing a Windows 3.11 operating system will far-exceed the cost difference of $49,224. Finally, by choosing Unisys's system, the City will be obtaining "state of the art" technology. Negotiations Negotiations with Unisys began in late July, 1996. The negotiation team consisted of the Assistant City Manager, MIS Director, a representative from the City Attorney's Office, and the Police Department's Principal Management Assistant. Also assisting in the initial negotiation were the GIS Manager and Purchasing Agent. The Police Chief and the CAD technical committee have also been integrally involved in this process and have participated in negotiations with Unisys, The CAD technical committee consists of the GIS Manager, the Patrol Captain, Fire Chief (and his staff), and the Communications Systems Manager. Negotiations included development of the project scope of work, agreement and pricing. In January, staff forwarded an Information Item to Council delineating the status of the Unisys negotiations. At that time negotiations were placed on hold until resolution of technical difficulties being experienced by other agencies which were then implementing Unisys systems. Specifically, when Unisys was chosen as the preferred vendor it was understood that there were several ongoing installation projects in which was scheduled for completion prior to the City reaching a contractual agreement with Unisys. The three sites of most interest to staff were LESA in the Seattle area, SHASCOM in Shasta County, and the Scottsdale Police Department in Arizona. All three of these sites had been experiencing technical problems with the software, Unisys' solution to these technical problems at these sites was to change from operating under a Windows 3.11 environment to a Windows NT operating environment, which is multi-tasking and able to execute more than one command simultaneously. Under the Windows 3,11 environment, which is not a true multi-tasking environment, one process must end before another begins. In addition, in rJ6 -:1 ._--_.,"._--~ no' 'm....._.._,__ ....... _,____.._.__,·w ._._. Page 4, Item _ Meeting Date O~I?!i/!'l7 a very complicated application such as police CAD, the management of system memory becomes very difficult. In contrast, the Windows NT operating system environment is a true multi-tasking environment, thereby allowing different tasks, such as CLETS inquiries, incident searches and unit dispatching, to occur simultaneously. In addition, memory management under the Windows NT operating system is much more efficient for a complicated application such as Police CAB. A demonstration of the product under the Windows NT environment was held in Chula Vista on February 12-13. Technical experts from several agencies (including the Cities of Coronado, National City, Port District and a Navy representative from NRAD) were invited to help staff evaluate this demonstration. At that time, staff and representatives from these agencies had an opportunity to operate the system, engaged in in-depth technical discussions with Unisys representatives, and evaluated the system, Based in part on the technical expertise provided by the NRAD representative, MIS Director and GIS Manager, staff determined that the Windows NT based system would meet the City's needs. More specifically, staff concluded that the Windows NT solution would solve the technical problems experienced by the three sites mentioned above and would provide the multiple functionality necessary to efficiently dispatch. Thus, based on the technical review of the Windows NT based system, staff is satisfied that the Unisys product running under the "Windows NT" environment is acceptable and will meet the needs of the City. However, there are risks associated with the implementation of such "cutting edge" technology, such as: . possible project delays, if the project needs major modifications andlor . project failure, if the vendor is unable to successfully complete the project In part, these risks are acceptable to staff because the Unisys Lifeline CAD project is currently installed under Windows 3,11 in Columbia, South Carolina, with the Michigan State Police, and at other sites, The task of moving to the Windows NT operating system is not as drastic a modification as writing the entire Unisys Lifeline CAD product from scratch. Furthermore, the Windows NT environment is preferable because Windows NT represents the "wave of the future," while the Windows 3.11 platform is already dated and soon will be obsolete. In addition, staff has attempted to minimize the risk to the City by negotiating vigorously with Unisys to draft a contract that includes substantial protections for the City. Toward that end, staff has worked closely with the City Attorney's office and the City Manager's office as these "risk" issues have been addressed during negotiations. As a result, the contractual agreement with Unisys includes provisions which, among other things, require Unisys to post a performance bond, allow the City to collect liquidated damages andlor terminate the Agreement for Unisys' tardy performance, require Unisys to indemnify the City against most third-party claims, and allow the City to both withhold its substantial final payment andlor terminate the Agreement "for cause" if Unisys is unable to deliver a fully functional system. The City Attorney believes that these provisions, which exceed the normal contract provisions, provide adequate protection from most foreseeable risks. Despite these efforts, the City's Purchasing Agent opposes this agreement, and instead recommends that the City formally break off negotiations with Unisys, redraft the request for proposal, and send it out to an extended vendor base. The Purchasing Agent's recommendation is based on the following contentions, which are included here to expand Council's awareness of the issues involved: /~-1 .....-... -..- .. - ---_.__._-~-------- Page 5, Item _ Meeting Oate O::¡/?/i/!!7 1. The system proposed is untested and unproven, No fully developed working model exists, Reliability and validity under actual lor simulated) field conditions has yet to be demonstrated, No custom interface has been developed for any Unisys client, let alone tested, for a NT Ufeline system. Therefore, why should the City spend public funds on a system with a zero success rate 7 2. The projected time frame for implementation would be FebruarylApril 1998. The Michigan State Police may receive the first release next July, with LESA following sometime in October. These are both initial production sites. Fixes are inevitable, which would only further delay release of an operational version. Nevertheless, the Management Information Services Director recommends that the City go forward with this system's acquisition, based on the following contentions: 1. The Ufeline product has been proven in smaller sites such as Columbia, South Carolina, and with the Michigan State Police. Unisys began having memory management problems with the Windows 3.11 envirorment when trying to install in larger sites, such as LESA. Since the Windows NT environment handles memory more efficiently, the change to NT is not as drastic as a total rewrite of the system. Custom interfaces similar to CLETS in California have been developed by Unisys for the 3.11 environment and since Unisys has retained Cross- current, as a subcontractor, to assist in the programming with the Windows NT version, interface development should not pose a large problem. Moving towards new technology can be a challenge and it would be unrealistic to expect totally smooth sailing. Some growing pains will emerge. Nonetheless, this system will serve Chula Vista for years to come. Since it is very likely that one or two agencies, such as Michigan State Police or LESA will implement the system before Chula Vista, some of the initial problems found in their implementations will have already been fixed and will not be an issue in Chula Vista. 2. Many of the concerns raised by the Purchasing Agent, as well as the risks associated with the Windows NT product are addressed in the agreement, and are further discussed below in the section titled "Significant Risk Factors and Agreement Clauses". Pricing The total cost of this system to the City is $2,922,409.42 This price includes the Windows NT version of Unisys Lifeline Computer Aided Dispatching (CAD) product and upgrades, sales tax, and 71 "Data 911" mobile data computers. Also included in that price is Unisys "Comprehensive-Gold" maintenance services plan for the first year, which includes telephone support, modem support and troubleshooting, as well as free software upgrades and a 90-day guarantee of proven performance free of significant errors in a "live," fully operational environment prior to final acceptance of the system (and the corresponding final payment) by the City. Unisys' initial bid of $2,765,540 responded to the City's request for proposals. The initial bid included a Windows 3,11 based Lifeline CAD system, plus sales tax, 59 electronic mobile data terminals plus an estimated first year maintenance cost of $120,000 and no proven performance acceptance plan in a "live" environment. Major differences between the request for proposal and the current system include: /¿ ~f' ----------".--..-- _.o._._.___m__ .__...~_.._-- Page 6, Item _ Meeting Date 03/71>/97 1. Purchase of a Windows NT CAD system vs. a Windows 3,11 based system. As discussed previously, the Windows NT platform is multi-tasking and able to execute more than one command simultaneously. In comparison, the Windows 3,11 platform is single tasking, in that it can only execute one command at a time. 2. Substitution of higher quality "DATA 911" mobile data computers vs. Electrocom Mobile Data Tenninals, In evaluating both systems, Data 911 eliminated most of the problems associated with laptop and mobile computers used in vehicles, specifically: 0 The Data 911 is very easy to read in daylight which is major plus topping all other computer systems on the market, Electrocom's screen faded in daylight and was too bright at night. 0 The Data 911 computer speed is a 486/66, in comparison to 3861166 for Electrocom. 0 The Data 911 computer system functions in both extreme hot and cold environments. This is a major problem with most laptop computers, including the Electrocom MDT. 0 The system features a touch screen which allows the officer to focus on the road while driving compared to an MDT which is mounted on the floor. 0 The system also has a removable keyboard which allows various sized officers to type more comfortably in the patrol units. 3. An increase in the number of Mobile Data Computers (MDC's) to outfit 54 patrol units (which include 5 portable units to be shared) and 17 fire units, The increase in the number of MDC's is based on the total number of Patrol and Fire units. The initial request for proposal was developed over two years ago based on the fleet-size at that time. It did not reflect the actual count of Patrol and Fire units. 4. Inclusion of a 90-day Proven Perfonnance period in a live environment prior to the City's final acceptance of the system, This is further defined in Section 4 II), Additional Agreement Clauses of Interest - System Acceptance. 5. Inclusion of sales tax in the amount of $109,803.27. 6. Inclusion of a one year Unisys "Comprehensive-Gold" equipment and software maintenance plan which provides one year free maintenance and upgrades. Maintenance services under the Unisys "Comprehensive-Gold" plan includes telephone support, modem support and troubleshooting as well as free software upgrades. The plan increases the likelihood that any "bugs" discovered during the first year of the system's operation will be successfully diagnosed and remedied. Scope of Work This project will integrate a variety of hardware, software, interfaces, and other services to produce a fully integrated Computer Aided Dispatch System and Mobile Data Computer System. The multiple integrated solutions are comprised of: . Unisys Lifeline CAD System which includes detailed design and development of several Windows NT interfaces, Some of the key interfaces are listed below. A more detailed /t /' ~ _._._.._---_.._"~--_._-~---_._--~.~_._~..__._------" Page 7, Item _ Meeting Date O:-¡t?~/!!7 definition of all of the interfaces to be developed by Unisys is provided in the Scope of Work document available in the City Clerk's office. · E911 - Links the CAD to the emergency phone system (E911) for automatic number identification. · Telephone Device for the Deaf (TDD) (Zetron Model 3030) - This will allow the dispatcher to communicate with hearing or speech impaired callers · Time Based Synchronization - This will synchronize the file server for the CAD with National Standard time. · Radio Infrastructure and Mobile Data Computers (MDCI - This is the interface between the CAD and the Mobile Data Computers to be installed in Patrol Vehicles and all Fire units, · Unisys V430 - is the records interface between the CAD and the City's records database, · Tone Encoding - Fire Station Alerting - This is the completely integrated tone encoder which eliminates the need for dispatcher to manually determine the code sequence to dispatch a unit. · External Databases (SUN & ARJIS) - Links to other regional law enforcement systems. · Criteria Based Dispatch (APCO) EMS pre-arrival instructions - This interface prompts dispatchers to ask a structured set of questions in order to elicit additional information from the caller concerning the medical emergency and provide a standardized set of pre-arrival instructions for various medical conditions. · Impact Solutions - This is software that will provide for police field reporting on the Mobile Data Computers. · SunPro - Fire Records System - This will allow for the transfer of closed fire incidents to the Sun Pro fire records management system currently used by the City. . Data 911 mobile computer terminals which will be mounted in police patrol vehicles and fire units. They provide for digital dispatch of non-priority one calls for service and officer direct inquiry of local, regional and state databases. These capabilities improve staff efficiency in the dispatch and patrol function. Rather than using voice over the radio, the dispatch of non- priority one calls is effected by pushing a button on the console. The officer then acknowledges the dispatch, reports being in-route, on-scene and being clear by pushing a button on the MDC. MDC's are included in PS-115 and proposed to be paid by a "COPS MORE" grant received by the Police Department. The "COPS MORE" grant award is $637,500. Significant Risk Factors and Agraament Clauses 1. BETA System - First and foremost, Council should be aware that this is a "BETA" system. For the purposes of this contract, the term "BETA" is used to mean a system that has not yet been released for commercial use, but is being tested in a "live CAD environment" for proper functionality. At the execution of this contract, the Unisys Lifeline Computer Aided Dispatch System is operating in a production envirorment under the Microsoft Windows 3.11 operating system, Unisys is currently adapting the system to run under the Microsoft Windows NT operating system. This contract is for the Lifeline version running under Windows NT. /¿-? .---..." .-..... ---- ---- ._._--------_.~..__.-.__._- Page S, Item _ Meeting Date 0::1/7"/117 Since the Lifeline product is currently not operating under Windows NT in any production environment, but is being developed by a subcontractor of Unisys (Cross-current), the Windows NT version of Lifeline is considered to be in "ALPHA" testing. For the purposes of this contract, the term "ALPHA" means that the Lifeline product under the Windows NT operating system is still being developed and that testing in a live environment has not yet begun. Once the product has been fully developed to run under the Windows NT operating system and Unisys installs the Windows NT version of Lifeline in the first "live CAD environment", the system then moves from" ALPHA" to "SET A" status. The implementation schedule for this project is expected to be 1 5 months. Before the time of final implementation of the Lifeline product at the City of Chula Vista, Unisys expects to have installed the Windows NT version of Lifeline in several other "live CAD environments" and will have had the system accepted at those sites. Should this be the case (i,e., if Unisys has successfully installed, tested and had achieved final acceptance of the Windows NT version of Lifeline in at least three or more "live CAD environments" before the installation of the Lifeline at the City of Chula Vista), then the status of the Lifeline product will change from "BETA" to "Commercially Released". In summary, Council should be aware that as with any "cutting edge" technology, a risk exists that there will be difficulties in successfully implementing this system. Nonetheless, staff recommends that the City go forward because the Windows NT environment is the direction where hardware and software is going in the future. In contrast, Windows 3.11 is near obsolescence. Moreover, in the contractual agreement the City has been able to reduce, though not eliminate, some of the most common risks associated with "cutting edge" technology, This recommendation that the City proceed is supported by Police and Fire staff, the Dispatch Center, MIS Director, POA, IAFF and CVEA. · The Lifeline product, as seen by our dispatchers, functions in a far superior manner than any other product they have previously seen demonstrated. · The computer industry is developing many large and sophisticated applications under the Windows NT environment. Thus, this system will be compatible with growing number of computer applications. · Although growing pains should be expected, the resulting product should serve Chula Vista for years to come. 2. Liquidated Damages CIause - The Liquidated Damages Clause in the contractual agreement provides for a liquidated damages rate of $1,000 per day, with a "cap" of $ 30,000, That is, every day that Unisys is late in delivering to the City hardware, software, or services as required by the "Major Milestones" Schedule, Unisys must pay $ 1,000 to the City, up to a maximum of $ 30,000. Moreover, if at any time in the delivery of this system Unisys falls more than 30 days behind the Major Milestone Schedule in delivering the required hardware, software, or services to the City, the City, at its option, may initiate steps to terminate the agreement "for cause". The City anticipates that should Unisys develop problems in successfully implementing this system, one reflection of those problems will be an inability to meet the delivery schedule, This Liquidated Damages clause not only penalizes Unisys for late perfonnance, it also allows the City to tenninate the agreement "for cause" if Unisys falls /¿--~ ._-~--- .--- --...-----"--- -----..------ Page 9, Item _ Meeting Date O~/?fi/!l7 more than 30 days behind the Major Milestone Schedule, Given the complexity of this project, this clause in the agreement provides significant maneuvering room for the City should Unisys be unable to meet the schedule. Plainly, Unisys will have strong incentives to deliver a fully functional system in a timely manner. 3. 11ISUI"8IJCe CIause - In the past, the City has routinely required contractors such as Unisys to provide insurance protection to the City from an insurer licensed to do business in California and rated by Best's as "A/S" or higher. However, in this instance, Unisys already has insurance with a company licensed to do business in California that is rated by Best's as "A- IS." During negotiations, Unisys repeatedly represented to the City in contract negotiations that obtaining insurance for this project with a "A/S" insurer would increase the contract price by several hundred thousand dollars. While the effect on the contract price may not actually be that significant, it seems likely that contract price would be substantially affected by a requirement that Unisys' insurer be "A/S" or higher. In response, the City Risk Manager and other staff members researched the issue of whether the City faced significant increased risk if this Agreement it allowed Unisys to provide insurance through its current "A-IS" insurer. Staff has concluded that the distinction between an "A/S" insurer and an "A-IS" insurer is minimal, and the increased risk to the City incurred by allowing Unisys to provide insurance through its current "A-IS" insurer is minimal. Accordingly, Staff recommends that Council depart from its usual practice of requiring insurance from an "A/S" insurer to allow Unisys to provide insurance for this project through its current "A-IS" insurer. 4. AdditionaI Agr99m9nt Clauses of Int9rest a. Termination For Cause - The "Termination for Cause" provision in the Agreement provides that at any time during this Project the City determines that Unisys is not performing its m"tAri,d duties under the Agreement, the City may initiate steps to terminate the Agreement "for cause." As discussed above, if Unisys' delivery of hardware, software, or services falls 30 days or more behind the "Major Milestones" Schedule, the City may also terminate the Agreement "for cause." Coupled with the requirement of a 100% performance bond, this clause in the Agreement provides significant protection to the City should Unisys dramatically fail to meet its obligations to provide a fully functioning product in a timely manner. b. Hold Harml8ss - Under the "Hold Harmless" section of this Agreement, Unisys agrees to indemnify the City against most third-party claims for damages, costs, expenses, and attorneys fees assessed against the City as a result of the Unisys' conduct arising from the performance of its duties under the Agreement. However, the protection afforded the City by this "Hold Harmless" clause is limited when compared with the City's standard "Hold Harmless" clause, which provides unlimited protection. As contemplated by the present agreement, to the extent that the damages suffered by a third party arise partially or wholly from the City's conduct, Unisys will not provide indemnification. For example, if a court ruled that Unisys was 90% responsible and the City 10% responsible for harm sustained by a third party arising from the performance under this Agreement, Unisys would be responsible for 90% of the damage award, and the City 10%. Thus, while the City will not be incurring any additional risk ¡than it already has) for the conduct of its employees, this "Hold Harmless" clause is not as one-sided (in favor of the City) as the City has obtained /;;// .__.__._.~---,. -_."---,...,-----,._._-_._,...~ ----_._._--.~- Page 10, Item _ Meeting Oate n3/7!i/!'I7 previously from smaller contractors offering different types of services, primarily consultant services. Council should recognize that the City is not be assured of obtaining a more favorable "Hold Hannless" clause should this project be once again let out for bid. Thus, while this "Hold Harmless" clause does not protect the City against all risks, in the City Attorney's opinion, this "Hold Hannless" clause, in conjunction with the insurance and perfonnance bond requirements, adequately protects the City's interests against the major types of risk incurred in a project of this type. c. Performance Bond - Due to the fact that this is a "BETA Project", the Agreement requires that Unisys obtain a performance bond 100% equal to the value of the Agreement. d. Payment ScheduIe - The total cost of this system to the City is $2,922,409.42 Unisys will receive this total amount in a series of 1 9 payments over the term of the contract. Each payment by the City to Unisys is predicated on Unisys' prior delivery of specific services andlor software or hardware. Within the series of 19 payments, there are five "Major Milestone" payments. As delineated above in the Section detailing the "Liquidated Damages" provisions in the Agreement, these Major Milestone dates provide significant benchmarks by which both the City and Unisys can assess the progress of the implementation of this CADIMCD system. Failure by Unisys to meet the deadlines imposed by the Major Milestone Schedule will lead to significant liquidated damages as well as the potential of the City's terminating the Agreement "for cause." As stated before, if Unisys falls more than 30 days behind the Major Milestones Schedule at any time in the entire project, the City can initiate steps to tenninate the contract "for cause". e. Back-Loaded Payments - Under the tenns of the Agreement, the City is "back-loading" payments to the end of delivery schedule. Indeed, the final payment to Unisys -- predicated on the City's satisfaction with and acceptance of the system -- is $ 606,795, just over 2Q% of total Agreement price. Given the fact that Unisys will not receive this final payment until the any significant problems with the system have been resolved in a "live" working enviroMlent, the financial viability of this project for Unisys rests upon their ability to deliver a fully functional system. f. Maintenance Agreement - For a period of one (1) year from the date of system acceptance, Consultant will provide Unisys "Comprehensive-Gold" maintenance services for Consultant's Lifeline proprietary application software at no cost to the City. Maintenance services include: 0 Telephone support for application questions or problems 0 Modem support through PC Anywhere or comparable product for remote access and troubleshooting 0 Software upgrades This Maintenance Agreement, which is favorable to the City, increases the likelihood that any "bugs" discovered during the first year of the system's operation will be successfully diagnosed and remedied. )t-/¡) . .-"....-..---.......--.---------.-...-.-.-.-,-.- Page 11, Item _ Meeting Date O::\/?!i/Q7 g. Grant of LicelJS( - Not only has the City obtained a license for full use of this system, but in addition, the agreement also permits the City to extend CAD records management and mobile datalcomputer services to other public or quasi public agencies, including but not limited to, the cities of Coronado, Imperial Beach, and National City. Such a regional system has the potential to be a revenue-enhancer for the City of Chula Vista. h. Limitation of Liabi7ity - Unisys' indemnification of the City against third-party claims for personal injury or tangible property damage arising from Unisys' performance under the Agreement is unlimited. However, under the terms of this Agreement, Unisys and the City have agree to place a "cap" on the amount of damages Unisys is liable for in any action brought against it by the City. The amount of that cap is $5,844,818, which is twice the value of the Agreement. This clause in the Agreement was one of the most vigorously negotiated clauses in the entire Agreement, While the City would ideally have preferred a higher cap, it became clear as negotiations advanced that if the City continued to demand a higher cap, Unisys would most likely be unable to meet that demand, and the negotiations would have ended, Moreover, it is extremely difficult in today's business climate for a municipality to obtain a significantly higher cap from reputable vendors on a project of this size, scope, complexity, and expense. Thus, given the circumstances, in the opinion of the City Attorney that limiting damages to twice the value of the contract is not an unacceptable risk. /. System Acceptance - Under the terms of this Agreement, the City will not engage in a "final acceptance" of this system until it functions in a "live" environment free of significant problems for a 90 consecutive day period. The Agreement defines the most serious problems this system might encounter as "Priority 1" problems. The City does not have to "accept" the system (and make its final payment to Unisys) until the system has functioned 90 consecutive days on-line in a "live" environment without a single "Priority 1" error. Less significant, but still important, system errors are labeled "Priority 2" errors. The City does not have to accept the system until there are no "Priority 2" errors for at least 7 consecutive days. Thus, before the City accepts the system and makes its final payment to Unisys, the City will be assured that the system has been and is currently functioning properly in a "live" environment. j. Ability to Expand the System to Other Agencies - The City has the right to contract with other public or quasi-public agencies, including but not limited to the City of Coronado, the City of National City, andlor the City of Imperial Beach to provide those cities with services of the CAD system. //J-)/ ._~_·~__····_w."__".___,_,__ --- Page 12, Item _ Meeting Date O::l/?fi/Q7 Project Schedule Unisys will begin work on this project immediately after the Agreement is signed. As delineated above, the "Major Milestones" Schedule outlines the most important project dates, The first Major Milestone date is July, 1997. At that time, Unisys is to deliver to the City the mobile data computers, which will immediately be placed into Police cars and Fire trucks, Once these mobile data computers are on line, users can conduct basic inquiries concerning a wide variety of information, The next Major Milestone date is August, 1997. By that time, Unisys is to have completed most of the important work implementing the "network." The third Major Milestone date is October, 1997. The "Field Reporting" segment of this project should be completed at that time. When complete, Police officers will be capable of filing police reports while out in the field. The fourth Major Milestone date is December, 1997, when the City will accept the "Message Switch" apparatus. Next to the final acceptance of the project, this is the most significant Milestone, because this apparatus is crucial to the entire system working properly. The fifth Major Milestone date is March, 1998. At that time, the City expects to go "live", that is, changing over from its current automated car system to the Windows NT Lifeline CAD System. The final Major Milestone date is anticipated for June, 1998. After this system has functioned "live" for 90 consecutive days without a "Priority 1" problem, and has functioned at least 7 consecutive days without a "Priority 2" problem, the system will be deemed fully accepted by the City. Final payment for the system will then be made to Unisys, FISCAL IMPACT: The total CIP budget for installation of a CAD and MDC system is $3,567,409. This includes $45,000 for purchase of a logging recorder for dispatch and in-kind staff contribution of $600,000. A total of $1,817,849 has been appropriated to date. The current CIP contemplates that the remainder be financed and paid over a five year period beginning in FY 97-98 and ending in FY 2001- 02, It is anticipated that the project will be financed on a lease purchase basis through the CaLease Program. CaLease was established by the League of California Cities and the California State Association of Counties to provide cost effective financing for equipment purchases and other capital projects on a tax exempt basis. The transaction will require the City to enter into a lease agreement with CaLease requiring the City to make quarterly payments of principal and interest over a ten to fifteen year period with the City owning the equipment at the end of that term, Although the financing cost will be a factor of the lease term and the competitively bid lease interest rates, staff estimates the financing costs (interest) over the term of the loan to be approximately $600,000 over a 1 O-year period. Staff will make every effort to reduce these costs as much as possible. Maintenance: The first year of maintenance is free. There will be an estimated approximately $120,000 annual maintenance cost starting the second year of the contract, Subsequent years are subject to negotiation, /6 --- /;:L _.~-- ._~_._.- '-."'--"..._- ---- Page 13. Item _ Meeting Date O::l/?5t!!7 Llf. Expectancy: The CAD and MDC equipment and software purchased as part of this projact is design specified to accommodate expected call for service volumes for fifteen to twenty years, The number of MDC's specified will support existing Police and Fire department operations. Additional and replacement MDC's will be purchased on an as-needed basis through the City's budget process, Attachments: . Agreement Payment Schedule N9lu~"~ . 1996-97 Supplementa u g .Q:AD/MDC Communication System NOTSCA!'<[,"ED ·(The entire Agreement including the Scope of Work, Project Schedule, Acceptance Test and Pricing and Payment Schedule are available for review in the City Clerk's office.) (iq\ C:\wp51\t1C8\81 13.\unilys.113 IM.rch 20, 1987 16:09pmll J~ /)3 ._~__._..,._..u._,.,...,_____"___.____._._·__._,....._ RESOLUTION NO. /g"tÝ/S- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING THE COMPUTER AIDED DISPATCH AND MOBILE DATA COMPUTER (CAD/MDC) CONTRACT TO UNISYS CORPORATION SUBJECT TO OBTAINING FINANCING THEREFOR WHEREAS, in June 1996, Council approved Capital Improvement Project PS-115, the Public Communications Project which will automate one of the City's critical functions: police, fire and emergency medical dispatch and provide for the purchase of mobile computer terminals in police and fire vehicles; and WHEREAS, following council's approval of PS-115, staff prepared and released a request for proposal and received responses from six different vendors; and WHEREAS, after evaluating all of the responses, attending demonstrations of the software and hardware, and checking references, four vendors were declared non-responsive and eliminated; and WHEREAS, staff then ranked the remaining vendors and began contract/price negotiations with Unisys Corporation in late July, 1996; and Bidder Price w/o Sales Tax , Shipping Unisys Corporation $2,765,540 PRC $2,716,316 WHEREAS, the decision to rank Unisys first was based on the fact that Unisys offered a "windows" operating system while PRC offered a "DOS" based system and the Unisys' Windows based system was more compatible with existing City systems such as Sunpro, which provides the Fire Records Management System (RMS) and the Geographic Information System (GIS); and WHEREAS, additionally, Unisys offered a system considered more flexible and adaptable to future technological needs as PRC's technology is 15-20 years old and does not offer the flexibility that the Unisys Lifeline CAD system offers; and WHEREAS, negotiations with Unisys begin in late July, 1996 which included development of the project scope of work, agreement and pricing; and 1 /~ --/1/ -----. -"._.~ ...~_.,_...,"~_.._.__.".._--- _.---~ WHEREAS, staff is satisfied that the Unisys product running under the "windows NT" environment is acceptable and will meet the needs of the City; and WHEREAS, the total cost of this system to the city is $2,922,409.42 which includes the Windows NT Lifeline CAD system and upgrades, sales tax, 71 "Data 911" mobile data computers, "Comprehensive-Gold" maintenance services for the first year, and a 90-day guarantee of proven performance free of significant errors in a "live," fully operational environment prior to final acceptance of the system by the City; and WHEREAS, this compares with the initial bid of $2,765,540 for a Windows based Lifeline CAD system, plus sales tax, 59 electronic mobile data terminals and an estimated first year maintenance cost of $120,000 and no proven performance acceptance plan in a "live" environment and a major reason for the increase in price is an increase from 59 to 71 in the number of mobile data computers being purchased by the city. NOW, THEREFORE, BE IT RESOLVED the city Council of the City of Chula Vista does hereby award the Computer Aided Dispatch and Mobile Data Computer (CAD/MDC) contract to unisys Corporation in the amount of $2,922,409.42 subject to obtaining financing therefor. Presented by Approved as to form by Richard P. Emerson, Chief of Police C:\r8\uniaya.bld , 2 /tb ---/5 , _._..____.. _.. 0" _ ..___....__.."_ '_'0"""__ ____ _ ______.___."..___ _.---".,._-- Agreement between city of Chula vista and unisys corporation for Development, Installation, and Implementation of an Integrated Computer Aided Dispatch and Mobile Computing system. This agreement ("Agreement"), dated for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, Paragraph 2, as such ("city"), whose business form is set forth on Exhibit A, Paragraph 3, and the entity indicated on the attached Exhibit A, Paragraph 4, as Consultant, whose business form is set forth on Exhibit A, Paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, Paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals Whereas, Consultant has submitted a proposal in response to the city's request for proposals RFP2-94/95 of an integrated Computer Aided Dispatch, Fire Records management, Police Field Reporting and Mobile Data/Computer Terminal system to serve the Police and Fire Departments of the city of Chula Vista, California, united states of America: and, Whereas, Unisys offered a system considered more flexible and adaptable to future technological needs; and, Whereas, staff is satisfied that the unisys product running under the "Windows NT" environment is acceptable and will meet the needs of the City; and, Whereas, the city has selected the Consultant to provide to the city the deliverables and services as delineated in this Agreement, and the Consultant represents that Consultant can provide the deliverables and services required of Consultant to city within the time frames herein provided all in accordance with the terms and conditions of this Agreement. t ,,-I' .-..-.-----.".--....- ---. ~..----~ NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1- DEFINITIONS A. "BETA SYSTEM" At the execution of this contract, the unisys Lifeline Computer Aided Dispatch System is operating in a production environment under the Microsoft windows 3.11 operating system. This contract is for the Lifeline version running under Windows NT. Since the Lifeline product is currently not operating under Windows NT in any production environment, but is being developed by a subcontractor of unisys (Crosscurrent), the Windows NT version of Lifeline is considered to be in "ALPHA" testing. For the purposes of this contract the term "ALPHA" means that the Lifeline product under the Windows NT operating system is still being developed and that the testing in a live environment has not yet begun. Once the product has been fully developed to run under the Windows NT operating system and unisys installs the Windows NT version of Lifeline in the first "live CAD environment," the system then moves from "ALPHA" to "BETA" status. For the purposes of this contract the term "BETA" is used to mean a system that has not yet been released for commercial use, but is being tested in a "live CAD environment" for proper functionality. The implementation schedule for this project is expected to be between twelve and eighteen months. Before the time of installation of the Lifeline product at the city of Chula vista, unisys expects to have installed the Windows NT version of Lifeline in several other "live CAD environments" and will have had the system accepted at those sites. Should this be the case, and unisys has successfully installed, tested and had final acceptance of the Windows NT version of Lifeline in at least three or more "live CAD environments" before the installation of Lifeline at the City of Chula Vista, then the status of the Lifeline product will change from "BETA" to "Commercially Released." 2 . Consultant's Duties A. General Duties Consultant shall provide and perform all of the deliverables and services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"¡ and, · I/' ...17 - -~~.._,.. _._- - - - ,-_.~... -~_.- '--'--'---'~-~'-"- .. ~.-_...~,- ".--.-.--.-----..--..-. B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also provide and perform all of the services in accordance with the description in Exhibit A, paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to city such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Deliverables and Services". C. Reductions in Scope of Work city may independently, or upon request from Consultant, from time to time reduce the Defined Deliverables and Services to be provided and performed by the Consultant under this Agreement. Upon doing so, city and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction, and an equitable adjustment for the remaining Defined Deliverables and Services. D. Additional Deliverables and Services In addition to providing and performing the Defined Deliverables and Services herein set forth, City may require Consultant to provide and perform additional deliverables and consulting services related to the Defined Deliverables and Services ("Additional Deliverables and Services"), and upon doing so in writing, if they are within the scope of products and services normally offered by Consultant, Consultant shall provide and perform such deliverables and services on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C) . If the requested Additional Deliverables and services are not contained in the aforementioned "Rate Schedule," such Deliverables and Services shall be purchased at Consultant's currently published prices and rates at the time of the written request, unless different rates and prices are otherwise mutually agreed upon by city and Consultant. All compensation for Additional Services shall be paid monthly as billed. All compensation for additional deliverables will be paid upon delivery as billed. Consultant shall not be obligated to provide or perform Additional Deliverables and Services until such time as the Agreement has been amended in writing to incorporate any such Additional Deliverables and Services. . " -18 --~.__..._._-~-_.._---...._. . - _._._._,,~-,_.__.-"'----'----- --- -.. E. Standard of Care Consultant, in providing Deliverables and performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with the requirements of the Scope of Work and Schedule and with that level of care and skill ordinarily exercised by members of the industry currently working under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Deliverables and Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance companies that have a Best's Rating of "A-, Class V" or better, or shall meet with the prior approval of the city: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City and Applicant as an Additional Insured for the liabilities assumed by Consultant under Paragraph 8, Hold Harmless, and which is primary to any policy which the city may otherwise carry ("primary Coverage") for these liabilities, and which treats the employees of the city and Applicant in the same manner as members of the general public ("Cross-liability Coverage") . G. Proof of Insurance Coveraqe. 1. certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. Consultant shall be solely responsible for making all premium payments applicable under this paragraph. f ,,- ,q ~_._--_.'._.'-"'- _~".._m....._.__._'_ .~-----,_. 2. Policv Endorsements Reauired. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance pOlicy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the City's Risk Manager. H. Securitv for Performance. 1- Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the city a performance bond by a surety licensed to do business in the state of California and in a form and amount as satisfactory to the City Risk Manager and City Attorney, which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. 2. Letter of Credit. In the event that Exhibit A, at paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the city an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager or his Designee stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. 3 . Other Securitv In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the city Risk Manager or city Attorney. . J¿ -'-D ----------~....._._-- _ ___...._..._.' .__,.____._..__'.__. 'OM _..._...__~___. I. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula vista Municipal Code. 3. Duties of the citv A. Consultation and Cooperation city shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Deliverables as delineated in the Scope of Work and Schedule, and to provide direction and guidance to achieve the objectives of this agreement as required by the Scope of Work and Schedule. The city shall permit reasonable access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, upon reasonable notice by Consultant of its needs in this regard, within a reasonable period of time city agrees to provide the information, data, items, and materials, and on-site office space and resources set forth in Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials and resources may constitute a basis for the justifiable delay in the Consultant's performance of this agreement, for which Consultant may be entitled to an increase in compensation. City warrants to Consultant that it has the right to use and to disclose to Consultant all City information so provided. The City will, at its own expense, indemnify and hold Consultant harmless against any loss or damage arising from any claim based on the absence of such right in whole or in part. B. Compensation The total amount of compensation due Consultant from the City under the terms and conditions of this Agreement is Two Million Nine Hundred Twenty Two Thousand, Four Hundred Nine Dollars and 42 cents ($2,922,409.42). upon receipt of a properly prepared billing from Consultant submitted to the city periodically as indicated in Exhibit A, Paragraph 18(A), but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, paragraph 18(B), City shall compensate Consultant for all deliverables and services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in Paragraph 19 of Exhibit A, f " "'~I .___.__n _ ~__.._.__._____....,.._____._____ ,-- and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. The City shall make payment to Consultant within thirty (30) days of receipt of billings. Consultant may impose a late payment charge equal to the lesser of (a) 1 1/2% per month or (b) the maximum rate allowed by law. However, should there be a good faith dispute in billing, late payment charges and interest shall not accrue until the billing dispute is resolved. C. Deliverv and Installation Prior to delivery of system equipment, city will prepare the installation sites and will continue to maintain the installation sites according to the environmental specifications set out in the documentation provided by Consultant. The City will pay for all cables and site specific installation materials required to install the system equipment at city's sites in accordance with the Scope of Work and Schedule. If additional labor and rigging is required for installation due to City's special site requirements, City will pay those costs including costs to meet union or local law requirements. D. Qperatinq Responsibilities The city has responsibility for the operational use of the system, including operating procedures, audit controls, accuracy and security of input and output data, restart and recovery routines, and other procedures necessary for City's use of the system and its components. The City is responsible for making sure that its operation personnel are, at all times, educated and trained in the proper use and operation of the system and its components, and that the system and its components are used in accordance with applicable manuals and instructions. The city is responsible for maintaining back-up data necessary to replace city data that is lost or damaged from any cause. · 1~"'2' __._...___.___._.__~_..,__._M____'__'____~ For maintenance and warranty purposes the City will (a) maintain the operating environment of the system and its components according to the manufacturer's specifications, (b) provide adequate working and storage space for use by Consultant personnel near the equipment, (c) provide Consultant full access to the equipment and sufficient computer time, subject only to City's security rules applicable to its suppliers which are communicated to Consultant, (d) follow Consultant procedures for determining if remedial service is required, (e) follow Consultant instructions for operator maintenance and obtaining services, (f) provide a memory dump and additional data in machine readable form if requested, (g) reproduce suspected errors or malfunctions in software, and (h) install all error corrections and maintenance releases supplied by Consultant. E. Taxes Compensation to Consultant is inclusive of all applicable taxes, except as delineated in this paragraph. All taxes shall be identified separately on all Consultant invoices. City will pay all taxes, however designated, Consultant becomes obligated to pay or collect by virtue of the project, except taxes based on the net income of Consultant. All personal property, customs duties and similar taxes assessed after shipment will be paid by City or city will provide Unisys with a tax exemption certificate acceptable to the relevant taxing authority. 4. Administration of Contract . Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 5 . Term This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 6. Liauidated Damaaes The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is, however, difficult to estimate the amount of damages resulting from delay in performance. As such, the parties have used their judgment to arrive at a reasonable amount to compensate for delay. _ 11,,1..1 ___.__...__.. _...~__._,_ m ._._._________.._.._..._ Failure to complete the Defined Deliverables and Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day cumulatively in excess of the major milestones noted in the Milestone Payment Schedule set forth in Exhibit A, Paragraph 18, the Consultant shall pay to the city, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"), up to a maximum total of thirty days over the entire project schedule. upon reaching the maximum cumulative liquidated damages time period of thirty (30) days the City, at its option, may terminate this agreement for cause in accordance with the provisions of paragraph 8, "Termination of Agreement for Cause." Once Consultant has agreed to pay liquidated damages, the overall project schedule shall be extended by the number of days for which liquidated damages have been paid. Time extensions for delays beyond the consultant's control (see Paragraph 31, Force Majeure), other than delays caused by the city, shall be requested in writing to the city's Contract Administrator, or written designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 7. Financial Interests of Consultant A. Consultant is Desiqnated as an FPPC Filer. If Consultant is designated on Exhibit A, paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. . ""'J~ ._m___.~___ _ -"....__..._"....,----,._-_.~--_._"-_..__..- B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acauire Conflictina Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not knowingly or intentionally acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair political Practices Act. E. Dutv to Advise of Conflictina Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the city Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Aaainst Economic Interests. Consultant warrants and represents that neither Consultant's Officers, Directors, nor Principles ("Consultant Associates" ) presently have any interest, directly or indirectly, whatsoever in any real estate property which may be the subject matter of the Defined Services, or in any real estate property within 2 radial miles from the exterior boundaries of any real estate property which may be the subject matter of the Defined Services, ("prohibited Interest") , other than as listed in Exhibit A, Paragraph 15. . ,I, .. JG ,--.'-- -------.-----.. . - -.- _'P-- __~_ .,....---,----...----.------. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise city of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest wi thin the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 8. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the city, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees, as awarded by the Court) directly related to personal injury or damage to tangible property arising out of the conduct of the Consultant, or any of its agents, employees, or subcontractors, in connection with the execution of the work covered by this Agreement, except only for those claims in which city is found to be contributorily negligent. Where both Consultant and the City are found contributorily negligent, Consultant shall bear its own damages, liability, costs, expenses, and attorneys fees, while city shall bear its own damages, liability, costs, expenses, and attorneys fees. Consultant's indemnification of city shall include any and all reasonable costs (as awarded by the Court), expenses, and attorneys' fees (as awarded by the Court) incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon timely wr i tten request by the City, defend any such suitor action brought against the city, its officers, agents, or employees. The City, at its own expense, may participate in Consultant's Defense of any such action through the City's own counsel. . I. --2' ~_._...__. _ .."__.,...__.__._____.._____._.___._m_ 9. Termination of Aqreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's material obligations under this Agreement, or if Consultant shall violate any of the material covenants, agreements or stipulations of this Agreement, or if Consultant's tardiness in providing the major milestone Deliverables and Services in accordance with the Milestone Payment Schedule as referenced in Exhibit A, Paragraph 18 reaches or exceeds a cumulative total of thirty days, the City shall have the right to terminate this Agreement for Cause under the following conditions. Before terminating this Agreement for Cause under this paragraph, the City shall first notify Consultant in writing of such failure to meet the material obligations and/or major milestone schedule of this Agreement. within thirty (30) days of such written notice, the Consultant shall have corrected the failure or shall have provided a written cure plan acceptable to the City that outlines its current or planned actions to correct such failure. If the Consultant fails to cure such breach or provide a written cure plan acceptable to the City within the thirty (30) day time period, then the City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination specifying the effective date, and may pursue all appropriate remedies under the law. In addition, in the event of such termination and at the option of the City, the City may require that Consultant provide to the city any finished or unfinished deliverables. Consultant shall be entitled to receive from the city just and equitable compensation for such deliverables, less any damages caused city by Consultant's breach, not to exceed the amounts payable hereunder. Use of such deliverables by the City shall be subject to the provisions of Paragraph 24, "Software License," and Paragraph 26, "Protection of Proprietary Information," as applicable. 10. Errors and Omissions In the event that Consultant's negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse city for any additional expenses incurred by the City. Nothing herein is intended to limit city's rights under other provisions of this agreement. In the event Consultant and the City are unable to reach agreement concerning the amount of damages Consultant owes City under the terms of this Paragraph, prior to the filing of any civil action arising from any such dispute City and Consultant agree to submit the dispute for non- . I' -~'1 - - - --- ·.-.--------.-.-.-..----..-,,--.---. binding arbitration in San Diego before an arbitrator mutually selected by City and Consultant from a list of arbitrators supplied by "Triple A Arbitration Services. " Costs of such an arbitration under the terms of this paragraph shall be equally born by city and Consultant. 11. Termination of Aqreement for Convenience of citv City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In the event of such termination for convenience, the City shall be liable to Consultant for any accumulated payments due prior to the effective date of termination and/or accumulated costs incurred in performance of the work terminated including costs of settlement of work terminated plus the profit associated with such costs, up to the date notification of termination is received by Consultant. Consultant shall provide to the City any finished or unfinished deliverables not yet provided to the City associated with such payments. Use of such deliverables by the City shall be subject to the provisions of paragraph 24, "Software License," and paragraph 26, "Protection of Proprietary Information," as applicable. 12. Assiqnabilitv The Defined Deliverables and Services of Consultant are personal to the city, and Consultant shall not, assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation) , without prior written consent of city. city hereby consents to the assignment of the portions of the Defined Deliverable and Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants". 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the Defined Deliverables and Services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of city, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not ~ ,I, -.t 8 ,------- -.-------..------- ""_____..._n__________ _____..____ withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the city harmless with regard thereto. 14. Administrative Claims Reauirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the city in the implementation of same. No arbitration proceeding or legal action, regardless of its form, related to or arising out of this Agreement, may brought by the city more than two years after the cause of action first accrued. Upon request by either party, the parties shall meet and confer in good faith for the purpose of resolving any dispute over the terms of this Agreement. 15. Attornev's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the assertion and/or defense of the claim, including costs and attorney's fees, as awarded by the Court. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant Not Authorized To Represent citv Unless specifically authorized in writing by city, Consult- ant shall have no authority to act as City's agent to bind city to any contractual agreements whatsoever. . I' "'2' _M~__"__'______""_____'_'__'__'_'_____ . B. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the united states mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. C. Entire Aqreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof, and supersedes all prior proposals and agreements, both written and oral, and all other written and oral communications between the parties. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. D. Capacitv of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. E. Governinq Law/Venue This Agreement shall be governed by and construed in accordance with the laws of the state of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, state of California, and if applicable, the city of Chula Vista, or as close thereto as possible. Venue for this Agreement shall be the City of Chula vista. 18. Availabilitv of Deliverables If any deliverables ordered are not available at the time of shipment, Consultant may substitute compatible products of equivalent or superior functionality and performance as approved in writing solely by the City, such approval not be unreasonably withheld. . "·3(J ._.____._. . __m__.______,~~__. _..__~___~_..._".____·.__w__ 19. proiect Plan The Consultant shall produce a project Plan that will detail the requirements to develop, produce, deliver, install, integrate and test the system. Any requirements included in the Project Plan that are beyond those specified in the Scope of Work and Schedule which were solely at the request of the City, may result in a price and schedule impact. A draft plan will be completed and submitted to the City for review and comment. Within ten (10) working days of its receipt of this draft Project Plan, the City shall submit its written notification to the Consultant of acceptance, or requested changes. The City may submit said written notification by mail. In the event no written notification or comments are submitted to Consultant by city within ten (10) working days of the city's receipt of this draft project plan, the plan shall be deemed accepted. If changes are requested, the parties shall discuss and mutually agree to the changes to be incorporated in the plan. After incorporation of any mutually agreed to changes, the Consultant will complete and submit the final plan to the city for review, such review shall be limited to the changed portions. In the event no written notification or comments are submitted by the city to Consultant within ten (10) working days of the city's receipt of the final Project Plan, the Plan shall be deemed accepted. Any changes requested thereafter shall be executed in accordance with the "Change Control" paragraph of the Agreement. 20. Detailed Desiqn Document The Consultant shall produce a Detailed Design Document (DDD) that will specifically define the required functionality and performance of system interfaces, and or required mOdifications/enhancements. Existing base applications and products, such as LifeLine CAD, will be documented by inclusion or reference to existing Consultant and subconsultant documentation. Any functionality or performance requirements included in the DDD that are beyond those specified in the Scope of Work and Schedule and which are solely requested by the city, may result in a price and schedule impact. A draft DDD will be completed and submitted to the city for review and comment. within fifteen (15) working days of its receipt of this draft DDD, the City shall submit its written notification to the Consultant of acceptance, or requested changes. The City may submit said written notification by mail. In the event no written notification or comments are submitted to Consultant by city within fifteen (15) working days of the city's receipt of this draft DDD, the DDD shall be deemed accepted. If changes are requested, the parties shall discuss and mutually -/~"J I ,____u__.. _n_ ~__,____,.._.__~._.....__.__.__.._ _._.,____.~___.~___.___..___.._.._ agree to the changes to be incorporated in the DDD. After incorporation of any mutually agreed to changes, the Consultant will complete and submit the final DDD to the city for review, such review shall be limited to the changed portions. In the event no written notification or comments are submitted by the city to Consultant within fifteen (15) working days of the city's receipt of the final DDD, the DDD shall be deemed accepted. Any changes requested thereafter shall be executed in accordance with the "Change Control" Paragraph of the Agreement. 21. Acceptance Test Plan and Acceptance of the System A. Acceptance Test Plan The Consultant, working together with the City, shall produce an Acceptance Test Plan (ATP) that will specifically define the acceptance criteria for the system. The ATP shall be based on the DDD, and demonstrate that the system meets the technical requirements set forth therein. A draft ATP will be completed and submitted to the City for review and comment. In accordance with the schedule specified in the Scope of Work and schedule, the city shall submit its written notification to the Consultant of acceptance, or requested changes. In the event no written notification or comments are submi tted to Consultant by the City within fifteen (15) working days of the city's receipt of the draft ATP, the draft ATP be deemed accepted. If changes are requested, the parties shall discuss and mutually agree to the changes to be incorporated in the ATP. After incorporation of any mutually agreed to changes, the Consultant will complete and submit the final ATP to the City for review, such review shall be limited to the changed portions. In the event no written notification or comments are submitted to Consultant by the City within fifteen (15) working days of the City's receipt of the proposed changes to the ATP, the ATP shall be deemed accepted. B. Problem Report prioritv Definitions. Once the system goes on-line in a "live environment," the following definitions apply to the types of problems that are anticipated. 1. Priority 1: A Priority 1 problem causes the system or major portions of the system (such as CAD Lifeline, LECS Message switch, servers, or network problems which cause loss of functional operations of the system) to be inoperative. Work cannot be done in the affected area and no work-around solution is available or a work-around is not mutually acceptable. Priority 1 problems will be fixed as soon as possible. . I' -32- .---. _ _ _ _~._._.__..._"' '.____ .._._______"m.··.~___·_·__·_ _"., . ______~_.._________._._ 2. prioritv 2: A Priority 2 problem causes minor portions of the system to be inoperative. The usability of the system is impacted, but a work-around solution is available and is mutually acceptable. Priority 2 problems will be fixed and installed as soon as possible. 3. prioritv 3: A priority 3 problem does not cause the system to be inoperable. Fixing the problem would improve the appearance, consistency, or ease of the system. Priority 3 problems will be fixed according to normal maintenance procedures. All Priority 3 problems do not need to be corrected before acceptance by the city. c. The citv's Acceptance of the Svstem. The city will be deemed to have accepted the System when all of the following events have occurred: 1. Successful completion of the test procedures set forth in the ATP. The ninety (90) day "live environment" period will commence immediately after the completion of the test procedures and the correction of all Priority 1 and Priority 2 problems discovered during the test. 2. The system will have functioned in a "live environment" for ninety (90) consecutive calendar days without a Priority 1 problem. In the event of a Priority 1 problem during the ninety (90) consecutive calendar day period, a new ninety (90) consecutive calendar day period will begin once the Priority 1 error is corrected and installed. All Priority 1 problems must be fixed and the system shall be operating without any priority 1 problems for ninety (90) consecutive calendar days before the system can be accepted. 3. All Priority 2 problems identified during the ninety (90) consecutive calendar day period will have been fixed and installed, and the system shall be free of all Priority 2 problems, for a period of at least seven (7) consecutive calendar days during the ninety (90) consecutive calendar day period. The ninety (90) consecutive calendar day period shall be extended, if necessary, until the system is free of Priority 2 problems for at least seven (7) consecutive calendar days. 22. Chanqe Control If either party wishes to alter the Scope of Work and Schedule or the agreed to DDD the following procedure will apply: · 1'....1.3 --.-.. ~-~------._-----,,---_...-,~-'"-~_.._~-------_._--- - . The person who requests the change (the "originator" ) will forward to the other party (the "Recipient" ) a Change Request which will include the following: - Project identification - Originator's name and title - The date of the Change Request - A description of the proposed change - The reason for the proposed change. Consultant will assign a number to and log each Change Request. All Change Requests will be categorized by the Originator as Priority I (urgent) or Priority 2 (ordinary) or Priority 3 (post acceptance). Consultant will make reasonable efforts to investigate the impact of the change Request on the compensation, timetable, Scope of Work and Schedule, DDD, ATP, Project Plan and other relevant obligations under the Agreement (the "Impact Study") in accordance with the schedule set out in the Project Plan for each priority category. If the City is the originator, Consultant will inform the city if there will be any charges for Consultant services in conducting the Impact Study and City will decide whether Consultant should conduct the Impact Study. If both parties agree on the Impact Study and any necessary amendments to the compensation, timetable, scope of Work and Schedule, DDD, ATP, Project Plan and other relevant obligations under the Agreement, the Agreement will modified by a bilateral written modification. The Contractor shall not be obligated to perform against any changes until such time as the modification is fully executed. If the parties cannot agree upon the Impact Study or the necessary amendments, the Change Request will not be implemented. Failure to reach agreement on any Impact Study shall not be a breach of the Agreement or a basis for termination for cause by either party. The parties will agree in the Project Plan to a period prior to any scheduled delivery for acceptance at which the Scope of Work and Schedule and DDD will be frozen. Any subsequent Change Request will be dealt with after acceptance of the system by the city. .. I' ...,1'1 . ... -_.- ._-.-,--~...__.._--~ ._---_._.__._..--~------"-_._--_..._-- 23. proiect Administration The parties acknowledge that cooperative project administration is essential to the success of a Project. Both parties agree to use mutually agreed processes and forms to report progress and to identify, track and resolve problems, issues and questions. Unless otherwise agreed, the processes will be based on Consultant's methodologies and will be recorded in the project Plan. Each party shall appoint a project manager who shall be the primary representative of the party in relation to administration and other matters relative to the technical activity of the Project. Each party may rely on the authority of the other party's project manager to represent its respective entity, provided that neither project manager shall have the authority to amend or modify this Agreement. Unless otherwise agreed in writing by authorized representatives of the parties, neither party may solicit the services (by way of employment or otherwise) of the other party's personnel during the term of this Agreement and for the period ending twelve months thereafter. 24. Software License A. Proprietarv Application Software Scope: As part of the Defined Deliverables and Services to be provided under this Agreement, Consultant will deliver to the city certain Consultant proprietary application software (in object code form) that is either contained in media such as floppy disks or diskettes (" stand-alone software") or embedded in the CAD, LECS, MDC and Fire RMS equipment furnished to the city ("embedded software") such as, for example, in a ROM, PROM, or EPROM. All such stand-alone and embedded software is referred to collectively as "Proprietary Application Software." This clause contains the terms and conditions governing city's use of proprietary Application Software during and after the term of this Agreement. Grant of License: Consultant hereby grants to the City a royalty-free, perpetual, non-assignable and non-exclusive fifty (50) user license to use Proprietary Application Software (and accompanying documentation) solely wi thin the Police and Fire Departments of the city of Chula Vista, City of Coronado, city of National City, City of Imperial Beach POlice, and other public and quasi-public agencies at the discretion of the city of Chula Vista, for use in the Computer Aided Dispatch, Records Management and Mobile Data/Computer Terminal system project (as described in 11# " -J5 ~--"._,-_.,_.._._-._._-- the Scope of Work and Schedule), in accordance with the terms of this clause. Source Code: In addition to the object code form of Consultant's proprietary application software, Consultant shall also provide, at the same time as the object code version, a source code version of the proprietary application software along with any of Consultant's proprietary databases, and compile libraries, software tools and documentation necessary for maintenance of the proprietary application software. In addition to the limitations of this Paragraph 24, Software License, the City shall store the source code and associated databases, libraries, tools and documentation in a secure location, and other than for the purposes of verifying the correctness of the source code upon delivery, the city is prohibited from using the source code and associated databases, libraries, tools and documentation for any purposes, except upon the occurrence of (1) the Consultant enters bankruptcy, or (2) Consultant elects to cease offering maintenance support services for the proprietary application software. Upon the occurrence of (1) or (2), the ci ty is authorized to utilize the source code version of the proprietary application software and associated databases, libraries, tools and documentation solely for the purposes of maintaining or modifying Consultant's proprietary application software. Provided that the City is currently under a maintenance agreement with Consultant for the proprietary application software that includes the provisions of upgrades and revisions, the Consultant shall provide the source code version and related proprietary databases, libraries, software tools and documentation of such upgrades and revisions. Use of such upgrades and revisions is restricted to the provisions of this subparagraph. Upon receipt of such upgrades and revisions, the City shall destroy the previous version of the source code and certify such destruction in writing to the Consultant. Limitations on Use: The city may use Proprietary Application Software only to operate, program, reprogram , or maintain CAD, LECS, MDC and Fire RMS equipment furnished to the City under this Agreement, as described in the software documentation. Any other use of Proprietary Application Software is strictly prohibited. The City may not copy, modify, adapt, merge with other software, decompile, or reverse engineer any Proprietary Application Software for any reason, except that the city may make one (1) copy of the Proprietary Application Software for archival purposes only. The City shall reproduce all Consultant copyright and trademark notices on all such copies. Upon Consultant request, the city shall provide a list of all sites where the City uses or stores the Proprietary Application Software and certify in writing to Consultant that (a) the city has audited its use of Proprietary Application Software and (b) the city's use of the Proprietary .. 1~"'.3iø .. ._ __..._"______ ."M_' _'_'.. _._.___.._.,.,_~.____"._.__ __"___._..___.._ Application Software does not breach or violate the terms of this clause. Consultant shall have the right to audit the City's use of Proprietary Application Software at times to be mutually agreed to with the City. Ownership and Title: Title to all Proprietary Application software, including all rights in patents, copyrights, trade secrets, and other intellectual properties, remains vested exclusively in Consultant and its Licensors. Confidentiality: The city will maintain the confidentiality of Proprietary Application Software code and documentation and will not disclose or make available Proprietary Application Software code or documentation to any third party. Term and Termination: The City's right to use Proprietary Application Software furnished to the city under this purchase order is conditioned upon receipt by Consultant of the final system payment from City, and will continue in perpetuity unless terminated as set forth herein. A material breach by the City of its obligations under this clause, if not cured within thirty (30) days after notice of the breach from Consultant, will be grounds for termination of the City's license to use Proprietary Application Software furnished to the city under this Agreement. within thirty (30) days after such termination, the City must certify in writing to Consultant that all copies of such Proprietary Application Software have been returned to Consultant or destroyed. Remedies: The City understands that Proprietary Application Software contains trade secrets and other proprietary information of Consultant and its Licensors and that unauthorized dissemination, distribution, modification, reverse engineering, or other use of Proprietary Application Software will result in irreparable harm to Consultant, its subcontractors or Licensors for which monetary damages would be inadequate. Accordingly, if city breaches any of the limitations on use in this clause, Consultant shall be entitled to immediate injunctive relief to prevent continued or future breaches (in addition to any other remedies Consultant may have as provided by law). copyright Notices: The existence of a copyright notice on Proprietary Application Software will not be construed as an admission or presumption that public disclosure of the software or any trade secrets associated with the software has occurred. B. Third Partv Software Upon receipt by Consultant of the associated final payment, Consultant will transfer all required licenses for third party ,. II- .,.1'1 u~_.·,," _ _ ____~__.._._.___,..__..._... ___.__._.~__._.._.._ _. _.__ -."".- ..--.-----.-.---.--.-.------.-~ software to the city. The City's use of such software shall be governed by the terms of these licenses. 25. Maintenance Services For a period of one (1) year from the date of system acceptance, Consultant will provide Unisys' "Comprehensive Gold" maintenance services for Consultant's Lifeline proprietary application software at no cost to the city. These maintenance services include: * Telephone support of application questions or problems; * Modem support through PCAnywhere or comparable produce for remote access and troubleshooting; * Software upgrades publicly released The Consultant may terminate these services on thirty (30) days prior written notice if city makes any unauthorized alterations or attachments, or if the city fails to install a maintenance release which will materially interfere with the provision of these services. 26. Protection of Proprietarv Information The parties will keep in confidence and protect their respective proprietary information from disclosure to third parties and restrict its use as provided in this Agreement. All materials containing proprietary information will be marked "proprietary", "Confidential", or in a manner which gives notice of its proprietary nature. Proprietary information will not be copied, in whole or in part, except when essential for authorized use under this Agreement. Each copy, including its storage media, will be marked by the party making the copy with all notices which appear on the original. The obligations stated in this clause do not apply to proprietary information: (a) already known to the recipient at the time of disclosure; (b) independently generated by the recipient and not derived from the proprietary information supplied by the disclosing party; (c) known or available to the public, except where such knowledge or availability is the result of unauthorized disclosure by the recipient of the proprietary information; (d) disclosed to the recipient without a similar restriction by a third party who has the right to make such disclosure; or (e) required to be disclosed by the recipient by law, regulation, Court order, or other legal process. Upon termination or cancellation of any license granted under this Agreement, City will destroy (and, in writing, certify destruction) or return to Consultant all copies of the . 1'....3' _._~__.u_ -.,..-..-.---.-.--..-.."-'-"-'-' Proprietary Application Software and documentation the license for which has been so terminated or canceled and any other related proprietary information in city's possession (including proprietary information incorporated in other software or writings.) Upon city's request when such information is no longer necessary for the project, city's proprietary information shall be promptly returned to City or destroyed by Consultant. Any ideas, concepts, know-how, data processing techniques, Software, documentation, diagrams, specifications, schematics or blueprints developed by Consultant personnel (alone or jointly with city) in connection with services provided to City will be the property of Consultant. Consultant grants to City a non- exclusive, royalty free license to use any of the foregoing in accordance with the terms of this Agreement. The City acknowledges that all support materials, including without limitation, diagnostic software, are the property of and include proprietary information of Consultant or its licensors. City assures that such materials will be used only by Consultant's maintenance personnel, and that Consultant has the right to remove such materials from City's facility at any time. This provision applies even though such materials may be listed in the Consultant's price lists, catalogs, invoices or contracts. Each party will inform its respective employees of the obligations under this clause. 27. Warranties and Disclaimers A. General Acceptance tests in accordance with agreed criteria and procedures set forth in the ATP provide the mechanism for determining whether the system and its components meet the requirements as set out in the ODD. Consultant shall correct defects discovered during testing in accordance with the ATP. Maintenance services can be used to correct deviations from the DDD and make changes to the system and components following acceptance. In addition, individual products may have warranties provided by the manufacturer or licensor. For products warranted by Consultant, the warranties are set out in this clause. Unless otherwise stated with respect to specific products, Consultant makes no representation or warranty with respect to non- Consultant products provided to city, all of which are sold or licensed to City "AS IS". city agrees to look solely to the warranties and remedies, if any, provided by the manufacturers or licensors of such products. Consultant will provide assistance - I' --.I' ~_.._- -~_.. ~-_.,.~,--_._~---_. to City in seeking warranty service from the third party manufacturer or licensor. B. Eauipment For Equipment covered by Consultant warranty, Consultant warrants that such equipment will be free from defects in material and workmanship and will substantially conform to relevant Consultant published specifications for a period of twelve (12) months from its acceptance date. During this warranty period, Consultant will repair or replace any defective equipment promptly reported or sent to Consultant by City which Consultant determines was defective due to faulty material or workmanship. City will pay transportation and insurance costs to ship equipment if an off-site repair location is designated by Consultant; Consultant will pay all costs associated with shipping the equipment to the off-site repair location and returning it to the City if the equipment was defective. Labor costs of diagnosis are not included in this warranty. Because equipment requires on-going maintenance, the preceding warranty is not a substitute for maintenance services, which are available to City for a charge. with the exception of its use for staging and testing in accordance with the Scope of Work and Schedule, the equipment shall be new and unused. C. Proprietarv Application Software For software covered by Consultant warranty, Consultant warrants that for a period of ninety (90) days from its acceptance date, such software in its unaltered form will conform substantially to the functional specifications set forth in the agreed to DDD, provided such software is used in a manner consistent with any applicable minimum equipment and software configuration specifications. Consultant will make reasonable efforts to correct such errors reflecting significant deviations from the agreed to DDD functional specifications as are reported by City to Consultant during such warranty period. Because not all defects in software can or need be corrected, Consultant does not warrant that all software defects will be corrected. similarly, Consultant does not warrant that the functions contained in the software will meet City's requirements or that the Software will operate in combinations selected for use by City, which are not set out in the agreed to DDD. . I'''' 'II) ------.---...--.---------..--,-.-,.---'-'".,....---,,-"'---- DISCLAIMER: EXCEPT AS EXPRESSLY STATED IN THESE TERMS AND CONDITIONS, ALL CONDITIONS AND WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE ARE HEREBY EXCLUDED. REPRESENTATIONS NOT EXPRESSLY STATED IN THE AGREED TO DDD ARE SPECIFICALLY DISCLAIMED BY CONSULTANT. CONSULTANT DOES NOT WARRANT THAT THE SYSTEM WILL MEET CITY REQUIREMENTS NOT EXPRESSED IN THE AGREED-TO DDD. CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CONSULTANT WARRANTIES WILL NOT APPLY AND CONSULTANT WILL NOT BE RESPONSIBLE IF AN ATTACHMENT OR ALTERATION OF PRODUCTS, DIRECTLY OR INDIRECTLY, RESULTS IN: (A) ANY MALFUNCTION, NONPERFORMANCE OR DEGRADATION OF PERFORMANCE OF PRODUCTS; OR, (B) PERSONAL INJURY OR DAMAGE TO PROPERTY AND PRODUCTS. 28. Limitation of Liability Unless further limited elsewhere in this Agreement, the entire liability of Consultant and City's exclusive remedy for damages for any cause related to or arising out of this Agreement, regardless of the form of action, whether in contract or in tort, will not exceed Five Million, Eight Hundred Forty Four Thousand, Eight Hundred Nineteen Dollars ($ 5,844, 819) . This Limitation of Liability does not apply to third-party claims under Paragraph 8, "Hold Harmless." In no event will Consultant be liable for (A) any indirect, special or consequential damages including, but not limited to, loss of use, revenues, profits or savings, even if Consultant knew or should have known of the possibility of such damages, (B) claims, demands or actions against city by any person, except as provided in Paragraph 8, "Hold Harmless" and Paragraph 29, "Patent, Copyright and Trade Secret Indemnification," or (C) loss of or damage to City data from any cause. 29. Patent. Copyriqht and Trade Secret Indemnification Consultant, at its own expense. will defend and indemnify City against claims that Proprietary Application Software and Consultant equipment furnished under this Agreement infringe a united States patent or copyright or misappropriate trade secrets protected under united States law. As to any product which is subject to a claim of infringement or misappropriation, Consultant may elect to (a) obtain the right of continued use of such product for city or (b) replace or modify such product to avoid such claim. If neither alternative is available on commercially reasonable terms, then at the request of Consultant, City will discontinue use and *' I' -- 1/1 _._._~.._-,_._._. ...._._."'.__.._.______________u. return such product and Consultant will grant a credit for the compensation paid to Consultant, less a reasonable offset for use and obsolescence. Indemnities will not apply if any claim of infringement or misappropriation: (a) is asserted by an entity affiliated with City; or (b) results from an alteration or attachment. This clause states the entire liability of the indemnifying party and the other party's sole and exclusive remedies for infringement or misappropriation of third party patents, copyrights or trade secrets. 30. Conditions for Indemnities The indemnities provided by either party in this Agreement are dependent on the party receiving the claim: (a) giving the other party prompt written notice of such claim, (b) permitting the other party to defend or settle the claim, (c) not at any time admitting liability in respect of the whole or any part of the claim or agreeing to settle or dispose of the claim, and (d) providing all reasonable assistance to the indemnifying party in defending or settling the claim. 31. Force Maieure Except with respect to City's compensation obligations, neither party will be liable for failure to fulfill its obligations under the Agreement when due to causes beyond its reasonable control, including but not limited to "Acts of God" such as earthquakes, fires or floods. 32. Risk of Loss All risk of loss or damage to deliverables will pass to city upon acceptance of delivery by city at city's location. 33. Severabilitv Each paragraph and provision of this Agreement is severable, and if one or more paragraphs or provisions are declared invalid, the remaining provisions of this Agreement will remain in full force and effect. 34. Order of Precedence In the event of a conflict between terms and conditions, the below order of precedence in descending sequence controls: III I' -1/2- ..-. -' _.._....,-~.------_.._---_._._~._-"-"-,-_.-..._. -~-_._._---_.-._-, --..----.-----.- 1. the Agreement terms and conditions and any applicable modifications, newest to oldest; 2. Scope of Work and Schedule (as further defined by the agreed-to DDD); 3 . the agreed to ATP; 4. the agreed to Project Plan; 35. Marketinq and/or Advertisinq Consultant shall not mention or use in any way the fact that it is providing services to city as part of Consultant's formal advertising and/or marketing activities without the City's prior written approval. 36. Non-Appropriation Any payment obligation of the City created by this Agreement is conditioned upon the availability of City funds which are appropriated or allocated for the payment of such an obligation. If funds are not allocated and available, city may terminate this Agreement. No penalty shall accrue to the City in the event this provision is exercised and the city shall not be obligated or be liable for any payment due for any damages as a result of termination under this clause. NEXT PAGE IS SIGNATURE PAGE _,I.'" 4/-3 ._--- . .m__. ~.. ,.____,.._..____._. '_"_'_" _H.'.__" 1lI1t{-C:U-::H U1U I U ¡ UO vI IT U~ UMULM VI~IH ~ftfi NU. UJ~btlbböl¿ r. Ui:: Siqnature Paqe to Acp:eelllUlt between city Of <:hula Vista and unisy. Corporation tor DevaloplllØ1:\t, Xns1:.allation, and DllpleJllént:ation of an xntegrated Computer Aided Dispatch . and Mobile COIIIputin'1 .system. Df WT'I'JI1I'..8S 1IIiDECI1'. CJ.~ an<! Con..u1.~t: have =o;eç..t....,¡ t.bls Agre_ni: ~~ indicating that they have :road and nn<:lerstood sue, and indicate their full and camplet. gonaent to its ~! DatCld: t 19_ city of ObUla vista by: 5hirley Horton, KayoX' Attest: BeverlY' Authelet, cley Clerk AppJ:'oved as to form: John M. Kllheny, C1ty Attorney "-ted: Unisys Corporat.ion UDi..y.. J&l'S . \ I¿ - ¿¡,4 -...--.-..- '. .----."" -- -_._.__.~------ -----_._~--,.._-_._. Exhibit List to Agreement (X) Exhibit A. (X) Exhibit B: proj ect Schedule NOT SCANNED 'I'...~S - -"---,".. ,._--_.+---_._,_.._..-._-_._-_.._.,--~_..._-_._".,.. "'-'--'" ----..-- Exhibit A to Agreement between City of Chula vista and unisys Corporation 1. Effective Date of Agreement: March 28, 1997 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the state of California ( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the state of California ( ) Industrial Development Authority of the City of Chula Vista, a ( ) other: , a [insert business form] ("City") 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: Unisys Corporation 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership ( X) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: unisys Corporation Justice & Public Safety Practice 12010 Sunrise Valley Drive Reston, VA 22091 Voice Phone (703)620-1473 -1'...Af' -----"'~.__."-_.~_._._..__.. ------- Fax Phone (703)620-7400 7. General Duties: Development, Installation, and Implementation of an Integrated Computer Aided Dispatch and Mobile Computing System. 8. Scope of Work and Schedule: A. Detailed Scope of Work: See attached Statement of Work B. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement ( ) other: C. Dates or Time Limits for Delivery of Deliverables: As delineated in Exhibit B D. Date for completion of all Consultant services: As delineated in Exhibit B 9. Insurance Requirements: (X) Statutory Worker's Compensation Insurance (X) Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. ( ) Errors and omissions insurance: None Required (included in Commercial General Liability coverage). ( )Errors and Omissions Insurance: 10. Materials Required to be Supplied by City to Consultant: See attached Statement of Work, specifically the section entitled "Responsibilities of Parties." 1I. compensation: A. (X) Single Fixed Fee Arrangement. , I' ,,1/-7 "-. -.--....---.-. ______.,...__...._,,__,_.____________.___u__......___'...__ _ ,._.___,.__..._~.__ For performance of all of the Defined Services by Consultant as herein required, city shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: single Fixed Fee Amount: $ 2,922,409.42 payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee See Milestone Payment Schedule as attached to Exhibit A ( ) 1. Interim Monthly Advances. The city shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the city if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the city shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the city Manager shall designate, but only upon such proof demanded by the city that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. B. ( ) Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth . Consultant shall not commence Services f " .,#8 -.-.... ~----_.,_..- _...".--,._-~._--_..,--- ----.-.---.-.-'.-.- under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase ( ) 1. Interim Monthly Advances. The city shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the city if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the city that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. ( ) Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions: (1) ( ) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum I" ,1/' ......--..-.--- ----.- -,--..-,,,.,-- - - _____''_ .. ".,._._.__._._._'__n_. _._,__,____________.. Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $ including all Materials, and other "reimbursables" ( "Maximum Compensation") . (2) ( ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the city. Nothing herein shall preclude Consultant from providing additional services at Consultant's own cost and expense. Rate Schedule Category of Employee Hourly of Consultant Name Rate Principal $ 400.00 Manaqer $ 300.00 Consultant $ 180.00 Architectural Specialist $ 226.00 NOTE: The above rates are for services not included in the Defined Deliverables and Services. These rates are subject to change. ( ) Hourly rates may increase by 6% for services rendered after [month] , 19 , if delay in providing services is caused by city. 12. Materials Reimbursement Arrangement , I' ,50 .__._--"._.._--,-._---_.._._-~---~._._._-------_._^_.-.'.- -_.----" For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, city shall pay Consultant at the rates or amounts set forth below: (X) None, the compensation includes all costs. Cost or Rate ( ) Reports, not to exceed $ : ( ) copies, not to exceed $ : ( ) Travel, not to exceed $ : ( ) Printing, not to exceed $ : ( ) Postage, not to exceed $ : ( ) Delivery, not to exceed $ : ( ) Long Distance Telephone charges, not to exceed $ . ( ) Other Actual Identifiable Direct Costs: , not to exceed $ : , not to exceed $ : 13. Contract Administrators: City: Contract Co-Administrators Iracsema Quilantan, Principal Management Assistant, Police Department, 276 Fourth Avenue, Chula Vista, CA 91910, (619) 691-5144; and Louie Vignapiano, Director of Management and Information Services, city of Chula vista, 276 Fourth Avenue, Chula vista, CA. 91910, (619) 691-5001 Consultant: Jim Matte, Sr. Contracts Administrator, Unisys corporation, Justice & Public Safety practice, 12010 Sunrise Valley Drive, Reston, VA 22091 Voice: (703 ) 620-1473 Fax: (703) 620-7400 14. Liquidated Damages Rate: ( X ) $1000.00 per day. ( X ) Other: Cap on Liquidated Damages of Thirty Thousand Dollars ($30,000.00) for the entire project. 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: f ",Sf --------~ -,,_. . _._._,-_.~_.._._._.~-_._.- ... .- - - ---..-,..-..---.---.-.- - -.. .. -. ( X) Not Applicable. Not an FPPC Filer. ( ) FPPC Filer ( ) Category No. lo Investments and sources of income. ( ) Category No. 2 . Interests in real property. ( ) Category No. 3 . Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. ( ) category No. 4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. ( ) Category No. 5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the city of Chula vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. ( ) category No. 6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ( ) Category No. 7. Business positions. ( ) List "Consultant Associates" interests in real property within 2 radial miles of project Property, if any: 16. ( ) Consultant is Real Estate Broker and/or Salesman t 1,,51, - -~_._..,-~ ---...'.'-'" .._.-...~. ....----.. --.... --- - ._~._"----_.....__._-_..~.__.,._-----_._--- --~--,--- 17. Permitted Subconsultants: Impact Solutions Corporation Sunpro Nacom Crosscurrent Data 911 18. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: ( ) Monthly ( ) Quarterly (X) Other:See Milestone pavment Schedule Attached to Exhibit A B. Day of the Period for submission of Consultant's Billing: () First of the Month ( ) 15th Day of each Month ( ) End of the Month (X) Other: See Milestone Payment Schedule Attached to Exhibit A C. city's Account Number: city will provide this Account Number to Consultant. 19. Security for Performance ( X) Performance Bond, $ 100% (equal to agreement amount) ( ) Letter of Credit, $ ( ) Other Security: Type: Amount: $ () Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the city shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: ( ) Retention Percentage: -1 ( ) Retention Amount: $ Retention Release Event: () Completion of All Consultant Services ( ) Other: f ",$3 ^..-._"'_.__..._."---~----_...__. Agreement between City of Chula vista and Unisys Corporation for Development, Installation, and Implementation of an Integrated Computer Aided Dispatch and Mobile Computing system. This agreement ("Agreement"), dated for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, Paragraph 2, as such ("city"), whose business form is set forth on Exhibit A, Paragraph 3, and the entity indicated on the attached Exhibit A, Paragraph 4, as Consultant, whose business form is set forth on Exhibit A, Paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, Paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals Whereas, Consultant has submitted a proposal in response to the City's request for proposals RFP2-94/95 of an integrated Computer Aided Dispatch, Fire Records management, Police Field Reporting and Mobile Data/Computer Terminal System to serve the Police and Fire Departments of the city of Chula Vista, California, united states of America: and, Whereas, Unisys offered a system considered more flexible and adaptable to future technological needs; and, Whereas, staff is satisfied that the Unisys product running under the "Windows NT" environment is acceptable and will meet the needs of the city; and, Whereas, the City has selected the Consultant to provide to the City the deliverables and services as delineated in this Agreement, and the Consultant represents that Consultant can provide the deliverables and services required of Consultant to city within the time frames herein provided all in accordance with the terms and conditions of this Agreement. \ )&--17 ."..,--~------_._,.. - --~-_._.- ~_.....,._~-_._---''''-------'-'-'--'--''~ NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1- DEFINITIONS A. "BETA SYSTEM" At the execution of this contract, the unisys Lifeline Computer Aided Dispatch System is operating in a production environment under the Microsoft Windows 3.11 operating system. This contract is for the Lifeline version running under Windows NT. Since the Lifeline product is currently not operating under Windows NT in any production environment, but is being developed by a subcontractor of Unisys (Crosscurrent), the Windows NT version of Lifeline is considered to be in "ALPHA" testing. For the purposes of this contract the term "ALPHA" means that the Lifeline product under the Windows NT operating system is still being developed and that the testing in a live environment has not yet begun. Once the product has been fully developed to run under the Windows NT operating system and Unisys installs the Windows NT version of Lifeline in the first "live CAD environment," the system then moves from "ALPHA" to "BETA" status. For the purposes of this contract the term "BETA" is used to mean a system that has not yet been released for commercial use, but is being tested in a "live CAD environment" for proper functionality. The implementation schedule for this project is expected to be between twelve and eighteen months. Before the time of installation of the Lifeline product at the city of Chula Vista, Unisys expects to have installed the Windows NT version of Lifeline in several other "live CAD environments" and will have had the system accepted at those sites. Should this be the case, and Unisys has successfully installed, tested and had final acceptance of the Windows NT version of Lifeline in at least three or more "live CAD environments" before the installation of Lifeline at the City of Chula Vista, then the status of the Lifeline product will change from "BETA" to "Commercially Released." 2. Consultant's Duties I A. General Duties Consultant shall provide and perform all of the deliverables and serVices described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, J0~/g _~___________m"____"_'_ ~____ ____._..__..____..._____.~__.,,__..___ B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also provide and perform all , of the services in accordance with the description in Exhibit A, , i Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to city such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Deliverables and Services". C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Deliverables and Services to be provided and performed by the Consultant under this Agreement. Upon doing so, city and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction, and an equitable adjustment for the remaining Defined Deliverables and Services. D. Additional Deliverables and Services In addition to providing and performing the Defined Deliverables and Services herein set forth, City may require Consultant to provide and perform additional deliverables and consulting services related to the Defined Deliverables and Services ("Additional Deliverables and Services"), and upon doing so in writing, if they are within the scope of products and services normally offered by Consultant, Consultant shall provide and perform such deliverables and services on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C). If the requested Additional Deliverables and Services are not contained in the aforementioned "Rate Schedule," such Deliverables and Services shall be purchased at Consultant's currently published prices and rates at the time of the written request, unless different rates and prices are otherwise mutually agreed upon by city and Consultant. All compensation for Additional services shall be paid monthly as billed. All compensation for additional deliverables will be paid upon delivery as billed. Consultant shall not be obligated to provide or perform Additional Deliverables and Services until such time as the Agreement has been amended in writing to incorporate any such Additional Deliverables and Services. )~~q ~..._._m.·_.···. _________..__ .___._."_.________~_._ E. Standard of Care Consultant, in providing Deliverables and performing any services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with the requirements of the Scope of Work and Schedule and with that level of care and skill ordinarily exercised by members of the industry currently working under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Deliverables and Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A-, Class V" or better, or shall meet with the prior approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City and Applicant as an Additional Insured for the liabilities assumed by Consultant under Paragraph 8, Hold Harmless, and which is primary to any policy which the city may otherwise carry ("Primary coverage") for these liabilities, and which treats the employees of the City and Applicant in the same manner as members of the general public ("Cross-liability Coverage"). G. Proof of Insurance Coveraae. 1- certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. Consultant shall be solely responsible for making all premium payments applicable under this paragraph. I {p';).D ~....~--_..__._~._._~-- --_._,-",.__._-_._"~~._--~_.__.,---- 2. policv Endorsements Reauired. In order to demonstrate the Additional Insured Coverage, Primary coverage and Cross-liability Coverage required under Consultant's commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the City's Risk Manager. H. Securitv for Performance. 1- Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the city a performance bond by a surety licensed to do business in the state of California and in a form and amount as satisfactory to the City Risk Manager and city Attorney, which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. 2. Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the city an irrevocable letter of credit callable by the city at their unfettered discretion by submitting to the bank a letter, signed by the city Manager or his Designee stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. 3. other Securitv In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the City Risk Manager or city Attorney. Ilr;),\ -~.,.... -.-"'.--,--...-- -- ---....--.- .. "- . "--,-~-_.-.-..._._._._.._."-"-_._- I. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula vista Municipal Code. , 3. Duties of the citv A. Consultation and Cooperation city shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Deliverables as delineated in the Scope of Work and Schedule, and to provide direction and guidance to achieve the objectives of this agreement as required by the Scope of Work and Schedule. The city shall permit reasonable access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, upon reasonable notice by Consultant of its needs in this regard, within a reasonable period of time City agrees to provide the information, data, items, and materials, and on-site office space and resources set forth in Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials and resources may constitute a basis for the justifiable delay in the Consultant's performance of this agreement, for which Consultant may be entitled to an increase in compensation. city warrants to Consultant that it has the right to use and to disclose to Consultant all City information so provided. The City will, at its own expense, indemnify and hold Consultant harmless against any loss or damage arising from any claim based on the absence of such right in whole or in part. B. Compensation The total amount of compensation due Consultant from the city under the terms and conditions of this Agreement is Two Million Nine Hundred Twenty Two Thousand, Four Hundred Nine Dollars and 42 cents ($2,922,409.42). Upon receipt of a properly prepared billing from Consultant submitted to the city periodically as indicated in Exhibit A, Paragraph 18(A), but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18(B), city \ shall compensate Consultant for all deliverables and services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in Paragraph 19 of Exhibit A, J J lP - ;).J-. .._._. .,,______.. . _ ._._,_... _____._.____.._,_..._____'_m~ and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. The City shall make payment to Consultant within thirty (30) days of receipt of billings. Consultant may impose a late payment charge equal to the lesser of (a) 1 1/2% per month or (b) the maximum rate allowed by law. However, should there be a good faith dispute in billing, late payment charges and interest shall not accrue until the billing dispute is resolved. C. Deliverv and Installation Prior to delivery of system equipment, City will prepare the installation sites and will continue to maintain the installation sites according to the environmental specifications set out in the documentation provided by Consultant. The City will pay for all cables and site specific installation materials required to install the system equipment at City's sites in accordance with the Scope of Work and Schedule. If additional labor and rigging is required for installation due to City's special site requirements, city will pay those costs including costs to meet union or local law requirements. D. Operatina Responsibilities The City has responsibility for the operational use of the system, including operating procedures, audit controls, accuracy and security of input and output data, restart and recovery routines, and· other procedures necessary for city's use of the system and its components. The City is responsible for making sure that its operation personnel are, at all times, educated and trained in the proper use and operation of the system and its components, and that the system and its components are used in accordance with applicable manuals and instructions. The city is responsible for maintaining back-up data necessary to replace city data that is lost or damaged from any cause. 1 )[P'~?J . .-..- - ^..,....__._--~_._---_._---~,._-------_.- For maintenance and warranty purposes the City will (a) maintain the operating environment of the system and its components according to the manufacturer's specifications, (b) provide adequate working and storage space for use by Consultant personnel near the equipment, (c) provide Consultant full access to the equipment and sufficient computer time, sUbject only to city's security rules applicable to its suppliers which are communicated to Consultant, (d) follow Consultant procedures for determining if remedial service is required, (e) follow Consultant instructions for operator maintenance and obtaining services, (f) provide a memory dump and additional data in machine readable form if requested, (g) reproduce suspected errors or malfunctions in software, and (h) install all error corrections and maintenance releases supplied by Consultant. E. Taxes Compensation to Consultant is inclusive of all applicable taxes, except as delineated in this paragraph. All taxes shall be identified separately on all Consultant invoices. city will pay all taxes, however designated, Consultant becomes obligated to pay or collect by virtue of the project, except taxes based on the net income of Consultant. All personal property, customs duties and similar taxes assessed after shipment will be paid by city or City will provide unisys with a tax exemption certificate acceptable to the relevant taxing authority. 4. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said· party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 5. Term This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 6. Liauidated Damaqes The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is, however, difficult to estimate the amount of damages resulting from delay in performance. As such, the parties have used their judgment to arrive at a reasonable amount to compensate for delay. S llr J~ --~.._,.~ - _.__.__....~._---.._-,.- ..- -- ._-~... --...--.--.. --~....-....~_..,,--"--,----_.---------_......._~- Failure to complete the Defined Deliverables and Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day cumulatively in excess of the major milestones noted in the Milestone Payment Schedule set forth in Exhibit A, Paragraph 18, the Consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"), up to a maximum total of thirty days over the entire project schedule. Upon reaching the maximum cumulative liquidated damages time period of thirty (30) days the city, at its option, may terminate this agreement for cause in accordance with the provisions of Paragraph 8, "Termination of Agreement for Cause." Once Consultant has agreed to pay liquidated damages, the overall project schedule shall be extended by the number of days for which liquidated damages have been paid. Time extensions for delays beyond the consultant's control (see Paragraph 31, Force Majeure), other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or written designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 7. Financial Interests of Consultant A. Consultant is Desianated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the city Attorney. , J & - ~5 , . --~-_..~-_._._._-_.__...._.._. .-_.+----~._--,-_._- ----~._- B. Decline to ParticiDate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acauire Conflictinq Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not knowingly or intentionally acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Dutv to Advise of Conflictinq Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the city Attorney of city if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. SDecific Warranties Aqainst Economic Interests. Consultant warrants and represents that neither Consultant's Officers, Directors, nor Principles ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any real estate property which may be the subject matter of the Defined Services, or in any real estate property within 2 radial miles from the exterior boundaries of any real estate property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. 1-e' J & - ;)lP _.. -- ~ ..<".. --.-- - -....... _...~-~^_._----------_._---- Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of city. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 8. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees, as awarded by the Court) directly related to personal injury or damage to tangible property arising out of the conduct of the Consultant, or any of its agents, employees, or subcontractors, in connection with the execution of the work covered by this Agreement, except only for those claims in which City is found to be contributorily negligent. Where both Consultant and the City are found contributorily negligent, Consultant shall bear its own damages, liability, costs, expenses, and attorneys fees, while city shall bear its own damages, liability, costs, expenses, and attorneys fees. Consultant's indemnification of city shall include any and all reasonable costs (as awarded by the Court), expenses, and attorneys' fees (as awarded by the Court) incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon timely written request by the city, defend any such suit or action brought against the City, its officers, agents, or employees. The city, at its own expense, may participate in Consultant's Defense of any such action through the City's own counsel. U )~-À~ - -.--.. ,-_..._._,-,'-- -_._--_.~--_._,----~-_._---------,_._---~~- 9. Termination of Aareement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's material obligations under this Agreement, or if Consultant shall violate any of the material covenants, agreements or stipulations of this Agreement, or if Consultant's tardiness in providing the major milestone Deliverables and services in accordance with the Milestone Payment Schedule as referenced in Exhibit A, Paragraph 18 reaches or exceeds a cumulative total of thirty days, the City shall have the right to terminate this Agreement for Cause under the following conditions. Before terminating this Agreement for Cause under this paragraph, the city shall first notify Consultant in writing of such failure to meet the material obligations and/or major milestone schedule of this Agreement. within thirty (30) days of such written notice, the Consultant shall have corrected the failure or shall have provided a written cure plan acceptable to the City that outlines its current or planned actions to correct such failure. If the Consultant fails to cure such breach or provide a written cure plan acceptable to the City within the thirty (30) day time period, then the city shall have the right to terminate this Agreement by giving written notice to Consultant of such termination specifying the effective date, and may pursue all appropriate remedies under the law. In addition, in the event of such termination and at the option of the City, the City may require that Consultant provide to the City any finished or unfinished deliver abIes. Consultant shall be entitled to receive from the city just and equitable compensation for such deliverables, less any damages caused City by Consultant's breach, not to exceed the amounts payable hereunder. Use of such deliverables by the city shall be sUbject to the provisions of Paragraph 24, "Software License," and Paragraph 26, "Protection of Proprietary Information," as applicable. 10. Errors and Omissions In the event that Consultant's negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to city greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse city for any additional expenses incurred by the City. Nothing herein is intended to limit city's rights under other provisions of this agreement. In the event Consultant and the city are unable to reach agreement concerning the amount of damages Consultant owes City under the terms of this Paragraph, prior to the filing of any civil action arising from any such dispute City and Consultant agree to submit the dispute for non- 12- ){P-d-~ ----- --_.._..~..__. _ _._ ._....__. .,._.... .__.____...._.______. ,.. .__, ~'m'___'___'_ --~-- binding arbitration in San Diego before an arbitrator mutually selected by City and Consultant from a list of arbitrators supplied by "Triple A Arbitration Services." Costs of such an arbi tration under the terms of this paragraph shall be equally born by City and Consultant. 11. Termination of Aareement for Convenience of citv city may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In the event of such termination for convenience, the city shall be liable to Consultant for any accumulated payments due prior to the effective date of termination and/or accumulated costs incurred in performance of the work terminated including costs of settlement of work terminated plus the profit associated with such costs, up to the date notification of termination is received by Consultant. Consultant shall provide to the city any finished or unfinished deliverables not yet provided to the city associated with such payments. Use of such deliverables by the City shall be subject to the provisions of Paragraph 24, "Software License," and Paragraph 26, "Protection of Proprietary Information," as applicable. 12. Assianabilitv The Defined Deliverables and Services of Consultant are personal to the city, and Consultant shall not, assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of city. city hereby consents to the assignment of the portions of the Defined Deliverable and Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants". 13. Indeperident Contractor city is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the Defined Deliverables and Services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, Ifor all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of city, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not 1-5' liP )/1 ---..-.- ------ .-._.__._--_..~-~--,...._._-~--,---------'-----_._---- withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the city harmless with regard thereto. 14. Administrative Claims Reauirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the city in the implementation of same. No arbitration proceeding or legal action, regardless of its form, related to or arising out of this Agreement, may brought by the city more than two years after the cause of action first accrued. Upon request by either party, the parties shall meet and confer in good faith for the purpose of resolving any dispute over the terms of this Agreement. 15. Attornev's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the assertion and/or defense of the claim, including costs and attorney's fees, as awarded by the Court. 16. Statement of Costs In the event that Consultant prepares a report or document, or participate's in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous \ A. Consultant Not Authorized To ReDresent citv Unless specifically authorized in writing by City, Consult- ant shall have no authority to act as city's agent to bind City to any contractual agreements whatsoever. JA/&-?JD - -"--,..__.._----~-_.._--,_..,._-.---- B. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United states mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. C. Entire Aqreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof, and supersedes all prior proposals and agreements, both written and oral, and all other written and oral communications between the parties. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. D. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. E. Governinq Law/Venue This Agreement shall be governed by and construed in accordance with the laws of the state of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement shall be the City of Chula vista. 18. Availabilitv of Deliverables If any deliverables ordered are not available at the time of shipment, Consultant may substitute compatible products of equivalent or superior functionality and performance as approved in writing solely by the city, such approval not be unreasonably withheld. µ J&-31 ..-..--....-------.,---.----..-.--.--..-.-,- 19. proiect Plan The Consultant shall produce a Project Plan that will detail the requirements to develop, produce, deliver, install, integrate and test the system. Any requirements included in the project Plan that are beyond those specified in the Scope of Work and Schedule which were solely at the request of the City, may result in a price and schedule impact. A draft plan will be completed and submitted to the City for review and comment. Within ten (10) working days of its receipt of this draft Project Plan, the City shall submit its written notification to the Consultant of acceptance, or requested changes. The City may submit said written notification by mail. In the event no written notification or comments are submitted to Consultant by city within ten (10) working days of the City's receipt of this draft project plan, the plan shall be deemed accepted. If changes are requested, the parties shall discuss and mutually agree to the changes to be incorporated in the plan. After incorporation of any mutually agreed to changes, the Consultant will complete and submit the final plan to the city for review, such review shall be limited to the changed portions. In the event no written notification or comments are submitted by the city to Consultant within ten (10) working days of the City's receipt of the final Project Plan, the Plan shall be deemed accepted. Any changes requested thereafter shall be executed in accordance with the "Change Control" Paragraph of the Agreement. 20. Detailed Desiqn Document The Consultant shall produce a Detailed Design Document (DDD) that will specifically define the required functionality and performance of system interfaces, and or required modifications/enhancements. Existing base applications and products, such as LifeLine CAD, will be documented by inclusion or reference to existing Consultant and subconsultant documentation. Any functionality or performance requirements included in the DDD that are beyond those specified in the Scope of Work and Schedule and which are solely requested by the city, may result in a price and schedule impact. A draft DDD will be completed and submitted to the City for review and comment. within fifteen (15) working days of its receipt of this draft DDD, the city shall submit its written notification to the Consultant of acceptance, or requested changes. The City may submit said written notification by mail. In the event no written notification or comments are submitted to Consultant by City within fifteen (15) working days of the City's receipt of this draft DDD, the DDD shall be deemed accepted. If changes are requested, the parties shall discuss and mutually ~ j(P-3Ì- _._-~ ".-"'-.,,-,,'-" .-.... ,,--_.,-~--- --~....- ------. agree to the changes to be incorporated in the DDD. After incorporation of any mutually agreed to changes, the Consultant will complete and submit the final DDD to the City for review, such review shall be limited to the changed portions. In the event no written notification or comments are submitted by the city to Consultant within fifteen (15) working days of the City's receipt of the final DDD, the DDD shall be deemed accepted. Any changes requested thereafter shall be executed in accordance with the "Change Control" Paragraph of the Agreement. 2l. AcceDtance Test Plan and AcceDtance of the Svstem A. AcceDtance Test Plan The Consultant, working together with the city, shall produce an Acceptance Test Plan (ATP) that will specifically define the acceptance criteria for the system. The ATP shall be based on the DDD, and demonstrate that the system meets the technical requirements set forth therein. A draft ATP will be completed and submitted to the City for review and comment. In accordance with the schedule specified in the Scope of Work and Schedule, the City shall submit its written notification to the Consultant of acceptance, or requested changes. In the event no written notification or comments are submitted to Consultant by the City within fifteen (15) working days of the city's receipt of the draft ATP, the draft ATP be deemed accepted. If changes are requested, the parties shall discuss and mutually agree to the changes to be incorporated in the ATP. After incorporation of any mutually agreed to changes, the Consultant will complete and submit the final ATP to the city for review, such review shall be limited to the changed portions. In the event no written notification or comments are submitted to Consultant by the city within fifteen (15) working days of the City's receipt of the proposed changes to the ATP, the ATP shall be deemed accepted. B. Problem ReDort Prioritv Definitions. Once the system goes on-line in a "live environment," the following definitions apply to the types of problems that are anticipated. 1. prioritv 1: A Priority 1 problem causes the system or major portions of the system (such as CAD Lifeline, LECS Message Switch, servers, or network problems which cause loss of functional operations of the system) to be inoperative. Work cannot be done in the affected area and no work-around solution is available or a work-around is not mutually acceptable. Priority 1 problems will be fixed as soon as possible. H/0~ 33 ,----,"_.. ~-- .. -." ..---... _._..._---_.._---,_.._._-_.._.._-----_._~~,-----~~~-'~".--- 2. Priority 2: A Priority 2 problem causes minor portions of the system to be inoperative. The usability of the system is impacted, but a work-around solution is available and is mutually acceptable. Priority 2 problems will be fixed and installed as soon as possible. 3. Priority 3: A Priority 3 problem does not cause the system to be inoperable. Fixing the problem would improve the appearance, consistency, or ease of the system. Priority 3 problems will be fixed according to normal maintenance procedures. All Priority 3 problems do not need to be corrected before acceptance by the City. c. The city's Acceptance of the System. The City will be deemed to have accepted the System when all of the following events have occurred: 1. Successful completion of the test procedures set forth in the ATP. The ninety (90) day "live environment" period will commence immediately after the completion of the test procedures and the correction of all Priority 1 and Priority 2 problems discovered during the test. 2. The system will have functioned in a "live environment" for ninety (90) consecutive calendar days without a Priority 1 problem. In the event of a Priority 1 problem during the ninety (90) consecutive calendar day period, a new ninety (90) consecutive calendar day period will begin once the Priority 1 error is corrected and installed. All Priority 1 problems must be fixed and the system shall be operating without any Priority 1 problems for ninety (90) consecutive calendar days before the system can be accepted. 3. All Priority 2 problems identified during the ninety (90) consecutive calendar day period will have been fixed and installed, and the system shall be free of all Priority 2 problems, for a period of at least seven (7) consecutive calendar days during the ninety (90) consecutive calendar day period. The ninety (90) consecutive calendar day period shall be extended, if necessary, until the system is free of Priority 2 problems for at least seven (7) consecutive calendar days. 22. Chanqe Control \ If either party wishes to alter the Scope of Work and Schedule or the agreed to DDD the following procedure will apply: 1:8 / {P~3~ ~-- "_. --~,._---- ..-----. The person who requests the change (the "Originator" ) will forward to the other party (the "Recipient") a Change Request which will include the following: - Project identification - Originator's name and title - The date of the Change Request - A description of the proposed change - The reason for the proposed change. Consultant will assign a number to and log each Change Request. All Change Requests will be categorized by the originator as Priority 1 (urgent) or Priority 2 (ordinary) or Priority 3 (post acceptance). Consultant will make reasonable efforts to investigate the impact of the Change Request on the compensation, timetable, Scope of Work and schedule, DDD, ATP, Project Plan and other relevant obligations under the Agreement (the "Impact study") in accordance with the schedule set out in the Project Plan for each priority category. If the City is the Originator, Consultant will inform the city if there will be any charges for Consultant services in conducting the Impact Study and city will decide whether Consultant should conduct the Impact Study. If both parties agree on the Impact Study and any necessary amendments to the compensation, timetable, scope of Work and Schedule, DDD, ATP, Project Plan and other relevant obligations under the Agreement, the Agreement will modified by a bilateral written modification. The Contractor shall not be obligated to perform against any changes until such time as the modification is fully executed. If the parties cannot agree upon the Impact Study or the necessary amendments, the Change Request will not be implemented. Failure to reach agreement on any Impact Study shall not be a breach of the Agreement or a basis for termination for cause by either party. The parties will agree in the Project Plan to a period prior to any scheduled delivery for acceptance at which the Scope of Work and Schedule and DDD will be frozen. Any subsequent Change Request will be dealt with after acceptance of the system by the City. .H )(p- 35 ~_""...__.___u.._..__.,·_",,·. _.__.__..._._.._...__.__._____.__'_____~__.. 23. Pro;ect Administration The parties acknowledge that cooperative project administration is essential to the success of a Project. Both parties agree to use mutually agreed processes and forms to report progress and to identify, track and resolve problems, issues and questions. Unless otherwise agreed, the processes will be based on Consultant's methodologies and will be recorded in the Project Plan. Each party shall appoint a project manager who shall be the primary representative of the party in relation to administration and other matters relative to the technical activity of the project. Each party may rely on the authority of the other party's project manager to represent its respective entity, provided that neither project manager shall have the authority to amend or modify this Agreement. Unless otherwise agreed in writing by authorized representatives of the parties, neither party may solicit the services (by way of employment or otherwise) of the other party's personnel during the term of this Agreement and for the period ending twelve months thereafter. 24. Software License A. ProDrietarv ADDlication Software scope: As part of the Defined Deliverables and Services to be provided under this Agreement, Consultant will deliver to the City certain Consultant proprietary application software (in object code form) that is either contained in media such as floppy disks or diskettes ("stand-alone software" ) or embedded in the CAD, LECS, MDC and Fire RMS equipment furnished to the city ( "embedded software" ) such as, for example, in a ROM, PROM, or EPROM. All such stand-alone and embedded software is referred to collectively as "Proprietary Application Software." This clause contains the terms and conditions governing city's use of Proprietary Application Software during and after the term of this Agreement. Grant of License: Consultant hereby grants to the City a royalty-free, perpetual, non-assignable and non-exclusive fifty {50} user license to use Proprietary Application Software (and accompanying documentation) solely within the Police and Fire Departments of the city of Chula Vista, City of Coronado, City of National city, City of Imperial Beach Police, and other public and quasi-public agencies at the discretion of the city of Chula vista, for use in the computer Aided Dispatch, Records Management and Mobile Data/Computer Terminal System project (as described in 2AI 1&-3& _ ,.____..__~_._ ._.____._...______·m·_..._··.._·_·~·__·_ __....,._.______~__.__,._... ,',.--'.--,---- the Scope of Work and Schedule), in accordance with the terms of this clause. Source Code: In addition to the object code form of Consultant's proprietary application software, Consultant shall also provide, at the same time as the object code version, a source code version of the proprietary application software along with any of Consultant's proprietary databases, and compile libraries, software tools and documentation necessary for maintenance of the proprietary application software. In addition to the limitations of this Paragraph 24, Software License, the City shall store the source code and associated databases, libraries, tools and documentation in a secure location, and other than for the purposes of verifying the correctness of the source code upon delivery, the City is prohibited from using the source code and associated databases, libraries, tools and documentation for any purposes, except upon the occurrence of (1) the Consultant enters bankruptcy, or (2) Consultant elects to cease offering maintenance support services for the proprietary application software. Upon the occurrence of (1) or (2), the city is authorized to utilize the source code version of the proprietary application software and associated databases, libraries, tools and documentation solely for the purposes of maintaining or modifying Consultant's proprietary application software. Provided that the City is currently under a maintenance agreement with Consultant for the proprietary application software that includes the provisions of upgrades and revisions, the Consultant shall provide the source code version and related proprietary databases, libraries, software tools and documentation of such upgrades and revisions. Use of such upgrades and revisions is restricted to the provisions of this subparagraph. Upon receipt of such upgrades and revisions, the City shall destroy the previous version of the source code and certify such destruction in writing to the Consultant. Limitations on Use: The City may use Proprietary Application Software only to operate, program, reprogram , or maintain CAD, LECS, HOC and Fire RMS equipment furnished to the city under this Agreement, as described in the software documentation. Any other use of Proprietary Application Software is strictly prohibited. The City may not copy, modify, adapt, merge with other software, decompile, or reverse engineer any Proprietary Application Software for any reason, except that the City may make one (1) copy of the Proprietary Application Software for archival purposes only. The City shall reproduce all Consultant copyright and trademark notices on all such copies. Upon Consultant request, the City shall provide a list of all sites where the City uses or stores the Proprietary Application Software and certify in writing to Consultant that (a) the city has audited its use of Proprietary Application Software and (b) the city's use of the Proprietary U- J&-37 .. ~._._._._.___._ ._ __ _M' ____..__.__.__.._~__..__.._______ Application Software does not breach or violate the terms of this clause. Consultant shall have the right to audit the city's use of Proprietary Application Software at times to be mutually agreed to with the city. Ownership and Title: Title to all Proprietary Application Software, including all rights in patents, copyrights, trade secrets, and other intellectual properties, remains vested exclusively in Consultant and its Licensors. Confidentiality: The city will maintain the confidentiality of Proprietary Application Software code and documentation and will not disclose or make available Proprietary Application Software code or documentation to any third party. Term and Termination: The City's right to use proprietary Application Software furnished to the city under this purchase order is conditioned upon receipt by Consultant of the final system payment from City, and will continue in perpetuity unless terminated as set forth herein. A material breach by the City of its obligations under this clause, if not cured within thirty (30) days after notice of the breach from Consultant, will be grounds for termination of the City's license to use Proprietary Application Software furnished to the City under this Agreement. Within thirty (30) days after such termination, the City must certify in writing to Consultant that all copies of such Proprietary Application Software have been returned to Consultant or destroyed. Remedies: The City understands that Proprietary Application Software contains trade secrets and other proprietary information of Consultant and its Licensors and that unauthorized dissemination, distribution, modification, reverse engineering, or other use of Proprietary Application Software will result in irreparable harm to Consultant, its subcontractors or Licensors for which monetary damages would be inadequate. Accordingly, if City breaches any of the limitations on use in this clause, Consultant shall be entitled to immediate injunctive relief to prevent continued or future breaches ( in addition to any other remedies Consultant may have as provided by law). copyright Notices: The existence of a copyright notice on Proprietary Application Software will not be construed as an admission or presumption that public disclosure of the software or any trade secrets associated with the software has occurred. B. Third Partv Software Upon receipt by Consultant of the associated final payment, Consultant will transfer all required licenses for third party µ JlP-3~ ---.--.-...- --..--- --._.__._._--,-,,------_.~.~-_... '--'-'--- software to the city. The City's use of such software shall be governed by the terms of these licenses. 25. Maintenance Services For a period of one (1) year from the date of system acceptance, Consultant will provide Unisys' "Comprehensive Gold" maintenance services for Consultant's Lifeline proprietary application software at no cost to the city. These maintenance services include: * Telephone Support of application questions or problems; * Modem support through PCAnywhere or comparable produce for remote access and troubleshooting; * Software upgrades publicly released The Consultant may terminate these services on thirty (30) days prior written notice if City makes any unauthorized alterations or attachments, or if the city fails to install a maintenance release which will materially interfere with the provision of these services. 26. Protection of ProDrietarv Information The parties will keep in confidence and protect their respective proprietary information from disclosure to third parties and restrict its use as provided in this Agreement. All materials containing proprietary information will be marked "Proprietary", "Confidential", or in a manner which gives notice of its proprietary nature. Proprietary information will not be copied, in whole or in part, except when essential for authorized use under this Agreement. Each copy, including its storage media, will be marked by the party making the copy with all notices which appear on the original. The obligations stated in this clause do not apply to proprietary information: (a) already known to the recipient at the time of disclosure; (b) independently generated by the recipient and not derived from the proprietary information supplied by the disclosing party; (c) known or available to the public, except where such knowledge or availability is the result of unauthorized disclosure by the recipient of the proprietary information; (d) disclosed to the recipient without a similar restriction by a third party who has the right to make such disclosure; or (e) required to be disclosed by the recipient by law, regulation, Court order, or other legal process. Upon termination or cancellation of any license granted under this Agreement, city will destroy (and, in writing, certify destruction) or return to Consultant all copies of the ¥l/(P-3Q w. _ .__ __.___..._ _"_..~,_ __.._.________,___,,_"'_.._._.~ Proprietary Application Software and documentation the license for which has been so terminated or canceled and any other related proprietary information in city's possession (including proprietary information incorporated in other software or writings.) Upon city's request when such information is no longer necessary for the project, City's proprietary information shall be promptly returned to City or destroyed by Consultant. Any ideas, concepts, know-how, data processing techniques, Software, documentation, diagrams, specifications, schematics or blueprints developed by Consultant personnel (alone or jointly with city) in connection with services provided to city will be the property of Consultant. Consultant grants to City a non- exclusive, royalty free license to use any of the foregoing in accordance with the terms of this Agreement. The City acknowledges that all support materials, including without limitation, diagnostic software, are the property of and include proprietary information of Consultant or its licensors. city assures that such materials will be used only by Consultant's maintenance personnel, and that Consultant has the right to remove such materials from City's facility at any time. This provision applies even though such materials may be listed in the Consultant's price lists, catalogs, invoices or contracts. Each party will inform its respective employees of the obligations under this clause. 27. Warranties and Disclaimers A. General Acceptance tests in accordance with agreed criteria and procedures set forth in the ATP provide the mechanism for determining whether the system and its components meet the requirements as set out in the DDD. Consultant shall correct defects discovered during testing in accordance with the ATP. Maintenance services can be used to correct deviations from the DDD and make changes to the system and components following acceptance. In addition, individual products may have warranties provided by the manufacturer or licensor. For products warranted by Consultant, the warranties are set out in this clause. Unless otherwise stated with respect to specific products, Consultant makes no representation or warranty with respect to non- Consultant products provided to city, all of which are sold or licensed to City "AS IS". city agrees to look solely to the warranties and remedies, if any, provided by the manufacturers or licensors of such products. Consultant will provide assistance jìtf / &- ~D .-.---.-...-....---..- ,.----...,..---..--".. ....-._-~._--_._--..-._._- to City in seeking warranty service from the third party manufacturer or licensor. B. EauiDment For Equipment covered by Consultant warranty, Consultant warrants that such equipment will be free from defects in material and workmanship and will substantially conform to relevant Consultant published specifications for a period of twelve (12) months from its acceptance date. During this warranty period, Consultant will repair or replace any defective equipment promptly reported or sent to Consultant by city which Consultant determines was defective due to faulty material or workmanship. city will pay transportation and insurance costs to ship equipment if an off-site repair location is designated by Consultant; Consultant will pay all costs associated with shipping the equipment to the off-site repair location and returning it to the City if the equipment was defective. Labor costs of diagnosis are not included in this warranty. Because equipment requires on-going maintenance, the preceding warranty is not a substitute for maintenance services, which are available to city for a charge. with the exception of its use for staging and testing in accordance with the scope of Work and schedule, the equipment shall be new and unused. C. ProDrietarv ADD1ication Software For software covered by Consultant warranty, Consultant warrants that for a period of ninety (90) days from its acceptance date, such software in its unaltered form will conform substantially to the functional specifications set forth in the agreed to DDD, provided such software is used in a manner consistent with any applicable minimum equipment and software configuration specifications. Consultant will make reasonable efforts to correct such errors reflecting significant deviations from the agreed to DDD functional specifications as are reported by city to Consultant during such warranty period. Because not all defects in software can or need be corrected, Consultant does not warrant that all software defects will be corrected. Similarly, Consultant does not warrant that the functions contained in the software will meet City's requirements or that the Software will operate in combinations selected for use by City, which are not set out in the agreed to DDD. ¡PI&~~I --.--- _._-_._._._----~---,._~.- ..---- . -",.._--,_._,_.,~._."--.-.....,--",.,-,- DISCLAIMER: EXCEPT AS EXPRESSLY STATED IN THESE TERMS AND CONDITIONS, ALL CONDITIONS AND WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE ARE HEREBY EXCLUDED. REPRESENTATIONS NOT EXPRESSLY STATED IN THE AGREED TO DDD ARE SPECIFICALLY DISCLAIMED BY CONSULTANT. CONSULTANT DOES NOT WARRANT THAT THE SYSTEM WILL MEET CITY REQUIREMENTS NOT EXPRESSED IN THE AGREED-TO DDD. CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CONSULTANT WARRANTIES WILL NOT APPLY AND CONSULTANT WILL NOT BE RESPONSIBLE IF AN ATTACHMENT OR ALTERATION OF PRODUCTS, DIRECTLY OR INDIRECTLY, RESULTS IN: (A) ANY MALFUNCTION, NONPERFORMANCE OR DEGRADATION OF PERFORMANCE OF PRODUCTS; OR, (B) PERSONAL INJURY OR DAMAGE TO PROPERTY AND PRODUCTS. 28. Limitation of Liabilitv Unless further limited elsewhere in this Agreement, the entire liability of Consultant and City's exclusive remedy for damages for any cause related to or arising out of this Agreement, regardless of the form of action, whether in contract or in tort, will not exceed Five Million, Eight Hundred Forty Four Thousand, Eight Hundred Nineteen Dollars ($ 5,844, 819). This Limitation of Liability does not apply to third-party claims under Paragraph 8, "Hold Harmless." In no event will Consultant be liable for (A) any indirect, special or consequential damages including, but not limited to, loss of use, revenues, profits or savings, even if Consultant knew or should have known of the possibility of such damages, (B) claims, demands or actions against city by any person, except as provided in Paragraph 8, "Hold Harmless" and paragraph 29, "Patent, copyright and Trade Secret Indemnification," or (C) loss of or damage to city data from any cause. 29. Patent. CODvriqht and Trade Secret Indemnification Consultant, at its own expense, will defend and indemnify city against claims that Proprietary Application Software and Consultant equipment furnished under this Agreement infringe a united States patent or copyright or misappropriate trade secrets protected under United States law. As to any product which is subject to a claim of infringement or misappropriation, Consultant may elect to (a) obtain the right of continued use of such product for city or (b) replace or modify such product to avoid such claim. If neither alternative is available on commercially reasonable terms, then at the request of Consultant, City will discontinue use and ~ J&-~~ _.,.~ u, .._..~..~...____._~,_____~___ ----- return such product and Consultant will grant a credit for the compensation paid to Consultant, less a reasonable offset for use and obsolescence. Indemnities will not apply if any claim of infringement or misappropriation: (a) is asserted by an entity affiliated with City; or (b) results from an alteration or attachment. This clause states the entire liability of the indemnifying party and the other party's sole and exclusive remedies for infringement or misappropriation of third party patents, copyrights or trade secrets. 30. Conditions for Indemnities The indemnities provided by either party in this Agreement are dependent on the party receiving the claim: (a) giving the other party prompt written notice of such claim, (b) permitting the other party to defend or settle the claim, (c) not at any time admitting liability in respect of the whole or any part of the claim or agreeing to settle or dispose of the claim, and (d) providing all reasonable assistance to the indemnifying party in defending or settling the claim. 31. Force Maieure Except with respect to City's compensation obligations, neither party will be liable for failure to fulfill its obligations under the Agreement when due to causes beyond its reasonable control, including but not limited to "Acts of God" such as earthquakes, fires or floods. 32. Risk of Loss All risk of loss or damage to deliverables will pass to city upon acceptance of delivery by city at City's location. 33. Severabilitv Each Paragraph and provision of this Agreement is severable, and if one or more paragraphs or provisions are declared invalid, the remaining provisions of this Agreement will remain in full force and effect. 34. Order of Precedence In the event of a conflict between terms and conditions, the below order of precedence in descending sequence controls: ~ J&~43 -", -.-- -.-.--.-. - ".,. --------.------------------ Signature Page to Agreement between City of Chula vista and Unisys Corporation for Development, Installation, and Implementation of an Integrated Computer Aided Dispatch and Mobile Computing System. IN WITNESS WHEREOF, city and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: , 19 city of Chula vista - by: Shirley Horton, Mayor Attest: Beverly Authelet, City Clerk Approved as to form: John M. Kaheny, city Attorney Dated: Unisys Corporation By: \ By: ~ J&'~~ .m.__...__.________~___.__"_.__·_·,_··~_···____________· '~'-~-" 3. the agreed to ATP¡ 4. the agreed to Project Plan¡ 35. Marketina and/or Advertisina Consultant shall not mention or use in any way the fact that it is providing services to City as part of Consultant's formal advertising and/or marketing activities without the City's prior written approval. 36. Non-ADDroDriation Any payment obligation of the city created by this Agreement is conditioned upon the availability of City funds which are appropriated or allocated for the payment of such an obligation. If funds are not allocated and available, city may terminate this Agreement. No penalty shall accrue to the city in the event this provision is exercised and the City shall not be obligated or be liable for any payment due for any damages as a result of termination under this clause. NEXT PAGE IS SIGNATURE PAGE .ø ~_."-,...._,...."..~-- -- -- -~.__._. -'-'-'- _.~.._,_._._-- ._._.__M~__' Signature Page to Agreement between City of Chula vista and Unisys Corporation for Development, Installation, and Implementation of an Integrated Computer Aided Dispatch and Mobile Computing System. IN WITNESS WHEREOF, city and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: , 19 city of Chula vista - by: Shirley Horton, Mayor Attest: Beverly Authelet, city Clerk Approved as to form: John M. Kaheny, city Attorney Dated: Unisys Corporation By: By: 29 .-...--~..... _.. .... .._.._~__ _'_"-"·'_~__"~_~_.."_.n.'_'____--.'___ Exhibit List to Agreement (X) Exhibit A. (X) Exhibit B: Project Schedule ,,.-' \ ~ .._._,···___e__·_····____···_,· _. __.__~__-. _._._.___._.____~.~._.___._.,__'__ ---- Exhibit A to Agreement between City of Chula vista and unisys Corporation 1. Effective Date of Agreement: March 28, 1997 2. city-Related Entity: (X) City of Chula vista, a municipal chartered corporation of the state of California () Redevelopment Agency of the City of Chula Vista, a political subdivision of the state of California ( ) Industrial Development Authority of the city of Chula Vista, a () Other: , a [insert business form] ("City") 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: unisys Corporation 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership ( X) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: \ Unisys Corporation Justice & Public Safety Practice 12010 Sunrise Valley Drive Reston, VA 22091 Voice Phone (703)620-1473 ,¥ I &-~~ _ ~ ___~_,.m_'__..'~'_ _'.._. . _. __ _ __ '0 -"~"'- .----.-.- -- ---_.,_.---~-_.--._---- .------ ---,..~--,~ Fax Phone (703)620-7400 7. General Duties: Development, Installation, and Implementation of an Integrated Computer Aided Dispatch and Mobile Computing System. 8. Scope of Work and Schedule: A. Detailed Scope of Work: See attached Statement of Work B. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: As delineated in Exhibit B D. Date for completion of all Consultant services: As delineated in Exhibit B 9. Insurance Requirements: (X) Statutory Worker's Compensation Insurance (X) Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. ( ) Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). ( )Errors and Omissions Insurance: 10. Materials Required to be Supplied by City to Consultant: See attached Statement of Work, specifically the section entitled "Responsibilities of Parties." t 11. Compensation: A. (X) Single Fixed Fee Arrangement. ¡ /0- yq _..M"__..,"..__ w.'_ p..__. _____.._~_________~______.___'_. For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: $ 2,922,409.42 payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee See Milestone Payment Schedule as attached to Exhibit A ( ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the city if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the city Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. B. ( ,) Phased Fixed Fee Arrangement. , For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth . Consultant shall not commence Services J J {r5O -- ----~.."~-,......_._,_.,".._."-_._-- -----", -'",._---~._--_._- under any Phase, and shall not be entitled to the compensation for a Phase, unless city shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase ( ) 1- Interim Monthly Advances. The city shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the city, or such other person as the City Manager shall designate, but only upon such proof demanded by the city that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. ( ) Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, city shall pay Consultant for the productive hours of time spent by Consultant in the performance of said services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions: \ (1) ( ) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum , / &- 51 .__._.~~~ ---_.~--_.'"- ---,," -- ---,--------_..,_. -. -----....----.-- compensation amount, Consultant agrees that Consultant will perform all of the Defined services herein required of Consultant for $ including all Materials, and other "reimbursables" ( "Maximum Compensation"). (2) ( ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. Rate Schedule category of Employee Hourly of Consultant Name Rate PrinciDal $ 400.00 Manaaer $ 300.00 Consultant $ 180.00 Architectural SDecialist $ 226.00 NOTE: The above rates are for services not included in the Defined Deliverables and Services. These rates are subject to change. ( ) Hourly rates may increase by 6% for services rendered after [month], 19 , if delay in providing· services is caused by City. 12. Materials Reimbursement Arrangement , /1/5 ~ -. . --". -- - -'~'-"'"--'-""--"---'-------"--"- '~-'--"'~-------"--"'---""--'-'" ".--,.-". For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: (X) None, the compensation includes all costs. Cost or Rate ( ) Reports, not to exceed $ · · ( ) Copies, not to exceed $ · · ( ) Travel, not to exceed $ · · ( ) Printing, not to exceed $ : ( ) Postage, not to exceed $ · · ( ) Delivery, not to exceed $ . . ( ) Long Distance Telephone Charges, not to exceed $ . ( ) Other Actual Identifiable Direct Costs: , not to exceed $ . . , not to exceed $ : 13. Contract Administrators: City: Contract Co-Administrators Iracsema Quilantan, Principal Management Assistant, Police Department, 276 Fourth Avenue, Chula Vista, CA 91910, (619) 691-5144; and Louie Vignapiano, Director of Management and Information Services, City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA. 91910, (619) 691-5001 Consultant: Jim Matte, Sr. Contracts Administrator, Unisys Corporation, Jùstice & Public Safety Practice, 12010 Sunrise Valley Drive, Reston, VA 22091 Voice: (703) 620-1473 Fax: (703) 620-7400 14. Liquidated Damages Rate: ( X ) $1000.00.per day. ( X ) Other: Cap on Liquidated Damages of Thirty Thousand Dollars ($30,000.00) for the entire project. 15. Statement of Economic Interests, Consultant Reporting categories, per Conflict of Interest Code: f 1&~53 -_......- ._--~--_...,.._--~_.__.~._---,-,--- .-----'. ( X) Not Applicable. Not an FPPC Filer. ( ) FPPC Filer ( ) Category No. lo Investments and sources of income. ( ) Category No.2. Interests in real property. ( ) Category No. 3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. ( ) Category No. 4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. ( ) Category No.5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the city of Chula vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. ( ) Category No. 6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ( ) Category No. 7. Business positions. ( ) -List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: I 16. ( ) Consultant is Real Estate Broker and/or Salesman 1 J&'5~ --.--.-...--- -- ---.-----.-- ------~..._._-_._,-- , - ---..-.-- --_._-_.__.,,~~-------,..._--- , 17. Permitted Subconsultants: ! Impact Solutions Corporation , SunPro Nacom Crosscurrent Data 911 18. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: ( ) Monthly ( ) Quarterly (X) Other:See Milestone Payment Schedule Attached to Exhibit A B. Day of the Period for submission of Consultant's Billing: () First of the Month ( ) 15th Day of each Month ( ) End of the Month (X) Other: See Milestone Payment Schedule Attached to Exhibit A C. City's Account Number: City will provide this Account Number to Consultant. 19. Security for Performance ( X) Performance Bond, $ 100% (equal to agreement amount) ( ) Letter of credit, $ ( ) Other Security: Type: -Amount: $ '() Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the city shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the city determines that the Retention Release Event, listed below, has occurred: -, ( ) Retention Percentage: -Ì ( ) Retention Amount: $ Retention Release Event: () Completion of All Consultant Services ( ) Other: ~/&-5b -- -_..~._-_.--_._--,-,_._---- - -- ~---.-_._.-----.-- en -' x I~ ;0: ;0: ;0: I;:¡: ~ e! e! I:: .. .. :: I: ~ ~ ~ ~ ~ .. Ii:¡ ::I ::I ::: ~ :g :g :g :g :g :g ::I ~ oI! .. III ... >- ~ ~ d ~ ! d :i " r; 2 .. ..: ~ " " " on â ~ ~ .,¡ ..: i " i " " i ,.¡ ~ « ¡ ~ ... ~ ;¡ II> .. .. .. :;;: ~ ~ Ii a a .. a. I~ ... ... ... .... ... ~ .. .. ... ~ ~ g- g- 8 ~ .: i ::f fa g ~ ~ ai i ~ <:S ¡( cò cò ~ .: :; .: .: .. .: ItS ~ ... OJ a g: I:! ~ ~ II> ~ ~ III ~ .. :: .... .... .... ... ... ... .. ... .... ... .. .. ~ ~ ... ... ... ... ... ... .: .: .: .. .: .: ..- .: .. .. .: .: .: .: ... .,¡ .,¡ .,¡ .,¡ :: .,¡ .,¡ ~ ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .:!, ~ 8 8 :2 8 ... ~ ~ 8 ~ :g Ii! 8 &! III 8 ~ ... :Q 8 8 :8 :2 8 8 8 8 8 Ii:¡ 2 I:¡I .. ... .. II d d d .,¡ <:> d .. .. <:> &; ~ ... <:> ~ .,¡ <:> " ~ cò <:> <:> ..: on d <:> <:> <:> d ~ on ~ ~ ... ... '" ... ... ~ :! ~ .. '" co ... ~ .... ... ... .. :: ... ... ... ... ... ~ co ~ co .... ., .... '" .. ., ~ ..: ! ItS ~ .,¡ ai '" ..: ~ :;ï .: ... .. .... ~ ~ ~ ~. ¡¡¡ ~ ... .. ::; :; ::; ~ ... ::; :: '" .. a ... ¡~ :: .. ... ... ... ::; ... .. ... ... ... ... ... ::; {? 8 :2 .. ~ ~ :g Ii! ~ ~ 8 ~ 8 :8 8 8 e I:¡ .. ~ <:> .,¡ ¡ ::i <:> g ... ::i .,¡ <:> ~ d .,¡ <:> d ..: Š ... ... ; .. I: ... ... ~ ... ... ... co .. ... .... co .. '" .. .. ::; cò ItS ::; .,¡ cò .: .: If) .,¡ ~ ~ ... ... ... .. .. ::; .. ::; .. ~ ... ð :: :: :: :: :: .. .. .. ... ... æ; æ; .. '" ... ... .. .. co co co co .. .. ... .. .. .. .. .. .. '" '" '" '" '" '" ... '" '" '" .. .. ... .. .. .. .. .. .. .. .. .. w ~ ~ ~ d d g g ~ ,.¡ oj .,¡ :g ~ d d " ~ ~ ~ d &; &; &; oj ~ ~ ~ ~ ~ ~ ..: :g ~ ~ ~ I:; '" ::¡ ~ ::: ~ ~ I: :g f i ... .. .. .... :.i .. .. .. co ~ .,¡ .,¡ cò cò ... <:S oò .. .... a oò .,¡ ..- oò .;; oò ~ ~ ~ ài .. ~- .. .. ! '" oò ",. ~ ~ OJ '" ~ ~ ~ ¡ .. æ; t .. ;¡ .. ¡:¡ .. ... :;¡ I:! 8 8 8 8 ~ :; :: ::; = .. .. .. ~ ~ ... ... ... ~ Z ~ ... .: .: .. .: .: ..- .: .: ..' .: .: .. .,¡ tf ..... .,¡ ::; .,¡ .,¡ ",' ID W ... .. ::;; .. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... C) ., ~ a. ;0: g g g g .... ~ g g g g g g .. g g ~ g .. g g .. g g Ii:¡ I:: g .. 0 .. '" '" ... .. W ~- <:> <:> <:> <:> <:> ,.¡ :¿ cò <:> r; .,¡ ~ <:> " <:> <:> " on cò d :::! .,¡ <:> <:> ~ ~ <:> g en § ... .. .. 8 ... ::I ~ ~ ::1 ... .. ~ ... ~ .. ~ .. :: .. ... ... [ij ;;¡ .... co ... '" .. co .. ;¡ e i ~ ~ ..- ~ ~ ~ ItS ~ :g- ai ~ ~ cò ~ ã ~ l a: OJ ~ to ~ .. .. .. ~.. :: .. ... .. .. ... .. .. ... .. .. ... .. '" ... ~ I~ I.~ I~ ~~ .~ I~ I~ !ß ~ I~ .¡;: ID i Ii .¡;: Ii .§ ~~ c: ¡J¡ I~ 0 l§ ~ .¡;: c;; j ~ .~ i ~ I~ .~ I~ ~ ~ ~ J!! 4;1'9 .S ~ .!!! I: ~ .~ ~ i ~ ~ ~ ~ ~ .!!! .~ ID j ~ II ~ II ~ ~ ~ r: j ;>- II Ii ::¡ ~ ~ .<;: ~ d ~ II ~ .. a;..~ Q) Ii ~ ~ "" 'ií It CJ) .s ~~ .~ .g d .. I!! CJ) t! t! ~ ~ .. c: i .. c: I~ ;§ 1i i ., : .Q j j I!! ~ I 1"2 I.i 'fi 'fi .¡g .¡g ., ~IJ ::!: :m j « B « Q .c: ... 'j II I~ ~ ~ I.~ '" ~ ¡¡: 8 1 ~ ~ c: ~ )Ii< E Q) .!! 'e r: ~ ~ Ii !i .. Iª J!! j j I¡ ~ .... ê - ~ ~ I,~ M CJ) CJ) .S¡ 3 0) j ex: ~ .. i .~ j .. LQ CD CD ~ ~ 0) ] .. J 0: II: ~~~ ~ .s .s en ~ i j a:: oS! :S .S¡ ~ ~ § § () ~ 3;! 3! oJ -I!::: ~ Q ~ ~ S ~ 6 ~ I!! .~ ~ ~ ~ N ~ ~ .Ii! il: ,.. ~~t!J ('5 E Ll u: Ll Ll ::; -' (OJ Ll .c: e .. ., ~ ::;; .... .... .... -' ð! :3 !II .... .... .... .... .... !!! !!! !!! ... .. ... .. .. ... ~ !!! !!! !!! !!! !!! !!! !!! !!! !!! !!! !!! '" ~ .. ~ .~ ~~ ~ ~ ~ ~ ~ ;:: ~ ~ ~ ~ 3i ~ ~ .... .. .. .. .... a: /10-5& ZJO Z aBlld 9":9t:&~ :auu l8lO~ :8"'0 CJ04S 8A.0 :a~ aUOJSma UOQ :LUOJ.;:I ---- ·_·_____."__.______.._n_____.__._._.___ ,- SUPPLEMENTAL BUDGET REPORT NO. 6 -- DATE: May 21, 1996 , TO: The Honorable Mayor and City Council t ¡olm D. Go... Ci~ -ð ~ 1 VIA: FROM: Richard P. Emerson, Chief of Poli SUBJECT: PS-115 - Public Safety Communications Project (CAD/MDT) The Public Safety Communications Project, designated as PS-115 in the Capital Improvement Program budget, will upgrade the equipment used in the Police/Fire Communications Center, and Police and Fire Department vehicles. The Project will provide integrated computer-aided dispatching and mobile data systems to support Police and Fire Department operations and improve officer safety. This report provides an overview of the Project and its objectives, costs, funding and financing. BOARD/COMMISSION RECOMMENDATION: At its meeting of April 26, 1996, the Growth Management Oversight Commission (GMOC) recommended Council approval and implementation of a CAD System for Police and Fire in an effort to meet GMOC threshold \ (minutes attached). RECOMMENDATIONS: 1. That Council accept this report as information only; and 2. That Council approve the proposed funding and financing of PS 115 as outlined in the Capital Improvement budget and authorize staff to proceed with implementation of PS 115\ OVERVIEW The Project and its Objectives. The Public Safety Communications Project, PS-115, will provide an integrated computer-aided dispatch (CAD), and mobile data terminal (MDT) system. This proposed system is intended to replace an outdated system currently in place and to allow the potential for a regional information system in the South Bay area. The CAD system is intended to replace an automated "card" system which was designed and built over nine years ago as a stop-gap measure by the Information Services Department of the City. The existing CAD system has far-exceeded its life-expectancy, original design capacity and is no longer effective. The MDT system is intended to speed-up report writing and the process of making - inquiries to law enforcement data bases. } {p-57 ".--..-----..-"----- ,.__..~._-,....._-_._._...._-_..,_._~--~--_.,---------------.,.---. May 21, 1996 The Honorable Mayor and City Council CAD/MDT Supplemental Budget Report Page 2 The Pubic Safety Communications Project, PS-115, has four primary objectives: 1. Enhance the Level of Public Safety Services Provided by the City of Chula Vista by: · Reducing the amount of time Uniform Patrol Division officers spend writing reports and reallocating associated time savings to discretionary patrol activities. · Significanily diminish the amount of time Uniform Patrol Division officers wait when making inquiries on persons and property and reallocating associated time savings to additional discretionary patrol activities. · Getting public safety resources to the locations they are needed more quickly by reducing Emergency 9-1-1 phone caU processing time. 2. Improve Officer Safety by: · Increasing the amount of information immediately available to public safety officers in the field about persons, property and premises. · Enhancing existing staffs ability to perform in-depth crime and criminal analysis and, thereby, enabling officers to prevent crime before it occurs. 3. Increase Support Staff Efficiencies in the Police and Fire Departments by: 0 Offsetting staffing needs of the Police Department's Communications Center. 0 Decreasing the amount of data that must be entered manually into local, regional and national law enforcement data bases. 0 Enabling Police and Fire Department supervisory staff to produce more effective management information. 0 Potentially augmenting General Fund revenues through the development of opportunities for Chula Vista to provide regional public safety dispatch services. / (0-- 55 - - ......~._.._._----_..__.._- - - ----p' - -_. ._._._..,-_._---_..._._._..._,~.- May 21, 1996 The Honorable Mayor and City Council CAD/MDT Supplemental Budget Report Page 3 What is a Computer Aided Dispatch System? CAD systems traditionally provide agencies with specific functionalities that differentiate them from manual dispatch systems. Multiple service dispatch improves dispatcher efficiency by enabling a dispatcher to send and track both police and fire uniIs at an incident from one console. Address verification aids dispatcher and management information accuracy by ensuring that addresses are entered correctly and uniformly. Premise history improves officer safety by providing dispatch staff with detailed knowledge on the premises to which they are responding before arriving on-scene. CAD systems also improve field resource utilization and response times by presenting dispatchers uniI recommendations based upon daily beat and sector assignments, current response priority and known in- and out-of-service units. Reflex timing enables staff to accurately measure each component of response time and provides enhanced officer safety by reminding dispatchers if an officer has gone too long without making contact. Another officer safety enhancement provided by CAD systems is their ability to make automatic license plate inquiries to regional and state systems prior to making contact with persons on traffic stops. These are just a few of the important changes a CAD system would bring to the way the CVPD does its work. These changes improve staff efficiency, effectiveness, management information and, most importantly, officer safety. Computer Aided Dispatch (CAD) systems traditionally provide agencies with specific functionality that define them as effective. Among these are: -Automatic Time Stamping* -System security by password* -Single function keys for frequency used commands* -Automatic logging of status changes and transactions* -Management information reports* -Automatic call routing to appropriate dispatcher* -Automatic address verification -Automatic selection presentation of misspelled addresses -Automatic premise history alert (prior activity, hazards, etc.) -Dispatch priority and queue assignment based on incident type -Unit recommendations for dispatch -Dynamic beat structures allowing change of unit recommendations based on beat structure and activity level -Automatic timers to track travel time, on scene or contact times -Built in system redundancy -Duplicate call detection -Automatic interface from E911 ANI/ALl information -Console to console message sending capability -Automatic inquiry on traffic stop license plates -Direct interface wiIh CLETS -Multiple service dispatch (police, fire, EMS) from single incident entry )[p~59 "~- .' .. - - . .'.".___..._..n____' - --'-~----"----'-'-""'~'---'---------- May 21, 1996 The Honorable Mayor and City Council CAD/MDT Supplemental Budget Report Page 4 Why the need for CAD? Of the above-listed standard CAD items our existing system only performs the first six. Most of the rest of the list has to be performed in order to dispatch effectively but they must be done manually either on paper (reporting district to beat, activity codes, etc.) or in other systems which must be accessed away from the CAD system (address verification, CLETS inquires, etc.). All of these verification and information items take additional time which must be added on to the processing time of each incident. A full service CAD system would perform these functions automatically, producing a more accurate and timely response for each incident processed. Furthermore, of the six items that the current main-frame based system performs, there are several that are largely inadequate. Management information is available but only for certain items. Department staff can track the number of calls per day per hour per reporting district but staff cannot reconstruct unit history with relation to a specific single call. Status changes are automatically logged but not retrievable. For example, if a backup unit clears from an incident their number is automatically erased and there is no history record showing they were ever assigned. It is impossible to track individual assignment, arrival and clear times for each unit, the complaint only shows arrival time for the first unit and clear time for the last unit. Officer's activity can only be traced to those incidents where they were the primary unit and averages such as number of radio calls per officers per shift and average times spent per officer on calls are not available. Accuracy of the information produced in the current system is also suspect because of the variables allowed each operator. For example, addresses can be entered any way the operator wishes. There are standards, to be sure, such as FOURTH A V for Fourth A venue, and we try to check each compliant, but the machine will take 4TH A V, 4 A VENUE, 4 ST, or any other variable. If staff tries to research an address on Fourth, you have to enter all the possible variables to be sure you capture all of the data. Also, the reporting district, upon which we base much of our statistical analysis, is not machine verified to the address, it is operator verified through another system or operator memory (if they short cut). This would not be possible with an automatic address verification system which is tied directly to preprogrammed beat/reporting district information. Likewise, the activity code, another statistical necessity, is subject to operator interpretation, there is no automatic coding based on call type. The call taker selects what the code is and the police dispatcher is supposed to manually verify it at the time of disposition. This is subject to multiple human error. Our dispatch statistics seldom match our actual crime numbers. J f.p --- (00 ._.--.-... -..--..---.,- .---.-~-----.~..-'--.--.------.-_._--------..-----..~.--- May 21, 1996 The Honorable Mayor and City Council CAD/MDT Supplemental Budget Report Page 5 The actual physical processing time of the main-frame system are also a problem that should not be present in a dedicated CAD system. Throughput times (from striking "transmit" on a request to presentation on the screen, ready for action) consistency run 3 to 4 seconds on the PDOl80 (police) and FD0180 (fire) systems. These are optimum times when the system is at its most responsive. When the Unisys main-frame is busy, these times deteriorate significantly, particularly on the fire system. A dedicated CAD system should have a throughput time of 2 seconds or less during these functions. An additional delay exists with fire dispatching. The reasons are the restraints built into the fire dispatch system. There are actually two systems. FDOI80, which was brought on line in 1989 and remodeled July 1, 1992, is the activity record where the call is recorded along with the record 0,£ the units sent and their messages and times. CF0180 is an address based system that tells the dispatcher what apparatus to send for a given type of a call to the specific address within the zone. A call taker only fills in the data for the FD0180 screen. The fire dispatcher has to access the call and then go through the CFO 180 system to determine the response. A full function CAD system would perform all of the functions of the manually activated and processed CF0180 system within the normal operation of the CAD, thereby greatly reducing the time needed to determine who is going to go. Further, most CAD systems will directly tone out the fire units once the dispatcher concurs with the recommended assignment, further reducing dispatch time. Normal functioning also allows for printing of the fire call automatically at the responding station or display of the call on the fire apparatus' MDT, thereby eliminating the need for the fire fighters to stop and write down the information. Additionally, the current system does not allow for multiple agency response entries, If an activity requires both police and fire services then two separate entries must be made with the resulting delays. A complete CAD system would generate multiple responses with one entry. Essentially, the automated card system developed by Information Systems is beyond its designed intent. This is particularly true in light of the fact that the dispatch center was processing approximately 45,000 calls for service annually (both police and fire) when PD0180 was designed and the center is now handling nearly double that amount. GMOC Threshold Standards On an annual basis, the police and fire are responsible for reporting Quality-of-Life Threshold Standards to the Growth Management Oversight Commission (GMOC). Each of these Thresholds Standards includes two statistics: portion of calls for service (CFS) responded to within 7 minutes, and average response time. The GMOC is concerned over the continued Priority I Calls For Service (CFS) deficiency despite the Police Department implementation of } G-to 1 .----,-, ._n k ,.·,___·_"_n....·n.·._ ,.. '..'. .... _._._._._,._..__.._____.~____.,.__.~~ May 21,1996 The Honorable Mayor and City Council CAD/MDT Supplemental Budget Report Page 6 a variety of operational and managerial changes since its present administration took over in 1991. It is difficult for the Police Department and GMOC to specifically pinpoint causes and/or recommend remedial actions due to the lack of data. The present dispatch and record keeping systems do not enable data management in a fashion which can readily quantify whether increases in CFS are growth related or caused by other factors. Since adequate tools do not exist to conduct an evaluation, the GMOC has recommended: . "That the City Council aggressively support the timely purchase, installation and operation of the proposed CAD by directing staff to develop viable funding proposals for Council action as part of the 1996-97 budget submittal" (pg 7-9 of the GMOC Annual Report). Additionally, GMOC is concerned that the Fire Department/EMS Threshold Standard is not in full compliance. This non-compliance has again been attributed to changes in the manner of data collection. CAD provides ad hoc style reporting on all of the CAD system elements: dispatch ,--- statistics, response times, unit productivity, staffing modeling and, in our case, GMOC " Threshold Standard analysis. CAD management information has an internal focus and tells management what police and fire did on a particular call: who went, what kind of call was reported, when did we arrive, where was the call, what did we do on arrival. Management information is stored internally and reported back on a routine basis or on request. Once better data is available through CAD (at least one year of CAD statistics) re-evaluation of the threshold standards and police and fire performance can be conducted. Why the need for mobile data terminals (MDTs)? MDTs are computer terminals mounted in a police or fire unit. They provide for digital dispatch of non-priority one calls for service and officer direct inquiry of local, regional and state databases. These capabilities improve staff efficiency in the dispatch and patrol function. Rather than using voice over the radio, the dispatch of non-priority one calls is effected by pushing a button on the console and the officer acknowledges the dispatch, reports being in-route, on-scene and being clear by pushing a button on the MDT. MDT's are included in PS1l5 and proposed to be paid by a COPS MORE grant received by the police department. The COPS MORE grant award is $647,000 and expires December 5, 1996. Status of the Request for Proposals. Staff from Police, Fire, Management and Information Services, Public Works and City Administration participated directly in the drafting and revision of the PS-1l5 RFP. This collaborative process was undertaken to ensure that all affected departments were involved in the planning process associated with a project of this magnitude. The final RFP released to vendors reflects the variety of staff experiences with similar-type J {p-fp:J- .""~. ._~'.'_"'_'._'_" ______..__,_____._.___.________._~___.~ _"_...M__'" May 21, 1996 The Honorable Mayor and City Council CAD/MDT Supplemental Budget Report Page 7 process automation projects. Bids were received on 2/17/95. Only two vendors met specifications. Subsequent meetings were held with each of the vendors to clarify the proposals. The vendors have now been ranked and staff is prepared to negotiate a contract for implementation of the system. Based on the recommended Council action, staff has prepared the following time line for implementation of the Project: Negotiate a Contract with Selected Vendor........ July & August 1996 Council Approval of Negotiated Agreement............September 1996 Initial Implementation Activities Begin............. October 1996 Estimated Project Completion Date...................August 31, 1997 DISCUSSION - PROJECT HISTORY Initial Problem Study. In July 1985, the City procured the services of ALTA Consulting Services Incorporated (ACSi) to provide a master plan for the upgrading of the communication function. This was a broad-based consultation covering: The replacement of the Communication Center and its consoles and equipment; radio system improvements and equipment acquisition; a master plan for records automation; implementation of a CAD system; access to the San Diego User's Network (SUN) system via the CAD system; and the future use of MDT's. The Master Plan. A Data Processing Master Plan was completed in September of 1990 which specifically addressed the department's conversion to an integrated CAD and MDT system. The Master Plan developed by ACSi during the fall of 1990 made seven recommendations: 1. That the City should implement integrated CAD/RMS/MDT systems. 2. That a multi-processor configuration (a minimum of one processor for processing dispatch activities and a second to process records management activities) best satisfies the Police and Fire Department's overall information requirements. 3. That the new systems should be supplemented by microcomputers where technologically appropriate. /&-&3 -,,-..-.,--. ----- -- -.._._._..-,_.__._---,---,---~----'-_.__._- May 21, 1996 The Honorable Mayor and City Council CAD/MDT Supplemental Budget Report Page 8 4. That the RMS portion should support automated report writing capabilities for law enforcement and fire protection. 5. That the City contract only with firms that have demonstrated competence in the CAD/RMS/MDT industry for development, installation and maintenance of the proposed systems. 6. That both the CAD and RMS systems be procured from the same vendor. 7. That the City plan to create a full-time position to coordinate the on-going development, maintenance and data management responsibilities associated with CAD/RMS/MDT systems. The "Interim Solution" to CAD. An automated "card" dispatch system was developed in-house as an interim solution to the need for a CAD system. In late 1986, the Data Processing Director at the time, working with some of the Police Department's personnel, concluded that they could build a CAD system, based on the City's Burroughs mainframe. This system was designed to automate the existing card-based system and serve as an "interim" automation step while we evaluated outside CAD/RMS/MDT systems. It was anticipated that this interim system would last for two or three years while we shopped for a real CAD. This resulted in the "PDOI80" system that we currently have in place, (since April 1987) running on the City's Unisys mainframe computer. Subsequent Years In 1988, ACSi decided that the department was no longer in need of their services and terminated the contract. This was because the City had not moved on their suggestions in what they considered to be a timely fashion, and also because we were unwilling to renegotiate their contract. Subsequently, the police department obtained the services of Rapid Action Associates to develop a detailed RFP for a records system which would interface with ARJIS. The consulting process lasted well over a year with this firm and the final analysis was that we could not implement a system within the existing infrastructure. There was concerns about the competence level and validity of the analysis provided by Rapid Action Associates. In 1989 the department became involved in the extensive remodel of the entire facility. This included the construction and equipping of the new Communication Center. It was apparent that the implementation process of the new center would have to take priority for the remainder of 1989 and most of 1990. Any further development of the automation issue was put on hold and the PDOl80 system which would eventually be replaced by a CAD system was moved into the new center.. . L/"q -.fey. .. ..___. May 21, 1996 The Honorable Mayor and City Council CAD/MDT Supplemental Budget Report Page 9 Deletion of the Records Management System Component (RMS) In 1991 it was decided by the previous police administration that it was not cost effective to proceed with a full CAD/RMS/MDT system. A decision was made at that time to procure what was described as a "plain vanilla" stand-alone CAD system as a second interim solution while we waited for the Automated Regional Justice Information System (ARJIS) to join the 21st Century . At this point we obtained Council approval to secure the services of Glenn Marin, president of Schema Systems, and one of the premier CAD consultants in the business to provide us with a RFP (described below as the original RFP) for a "plain Vanilla" CAD. Since then AIjis has been enhanced to incorporate advanced technologies for records management and integrated information with limited duplicate data entry. The first increment of the on-line application was completed in January 1996. Final implementation is scheduled for February 1, 1997. Inclusion of MDT Technology. Police and Fire Department Staff, working with other City departments and jurisdictions around the county developed a plan to implement MDTs for the City of Chula Vista. MDT acquisition represents approximately ($1,018,693) one-third of the cost for the proposed CAD/MDT Project. Seventy-five percent will be offset by a COPS MORE grant received by the Police Department in the amount of $647,000. The grant expires December 1996. The Original RFP. On August 6, 1991, the City Council approved an agreement between the City and Glenn Marin, president of Schema Systems; Mr. Marin's task was to guide the City through the development of a RFP, assist at the vendors conference associated therewith, help evaluate the responses to the RFP, support negotiations with the successful vendor and oversee the system's implementation. Mr. Marin and his staff prepared the original RFP document and it was issued in November 1991. The RFP document was received by twenty-four CAD vendors from across California and the United States. By December 1991 staff began to receive inquiries about our vendors conference. On December 10, 1991, a local firm, Integrated Systems Analysts (ISA), raised questions regarding the validity of the RFP's requirements at a City Council meeting. These concerns included: 1) The required 1()()% Performance Bond; 2) The requirement that the successful lead contractor will have installed three similar public safety CAD systems; 3) The "focus of the (RFP) document." The questions raised by ISA revealed that the City's management team had not had an appropriate opportunity to give input to the RFP development process. Because this input was critical to the system's long-term success, the RFP was rescinded on December 18, 1991. I if¡ - ltlJ' -'---"'----'0'0 -----_.-.-..._._._.._~_._._-_._~--~--------- ,', May 21, 1996 The Honorable Mayor and City Council CADIMDT Supplemental Budget Report Page 10 In October 1991, Chief Winters retired and issuance of a new RFP was delayed until a new Chief was selected. Subsequently, Chief Emerson was hired and the department began to focus once again on building a CAD system. The focus of the project was extended to I) include RMS and MDT's; and 2) look at a CAD/RMS/MDT system to service all South Bay area. This extended an opportunity to the National City Police Department, the Coronado Police Department and the Harbor Police of the San Diego Unified Port District to get involved in the development of a regional CAD system. Additionally, the system was expanded to give heightened functionality to the South Bay Fire Zone (Chula Vista, National City, Bonita/Sunnyside and Imperial Beach Fire Departments). Several meetings were held with local area chiefs. The local area chiefs indicated overwhelming support and choose to wait for Chula Vista to proceed with implementation before holding formal discussions with their management. As a result, the police department decided to proceed with acquisition of the CAD system for Chula Vista Police and South Bay Fire. The system being procured would have the capability of expansion to the regional concept in the future, Should the enthusiasm for the shared system continue to fruition, each accepting agency would be able to append themselves to the system. Revised Request for Proposals. Based upon the information gathered during the Project's re- design phase, staff from a cross-section of City Department's reviewed the original RFP with three goals in mind. To ensure: l)The RFP's technical specifications and bid requirements were non-exclusive and based solely upon the Police and Fire Department's operational requirements; and 2) The acquisition of non-proprietary software and hardware systems; 3)That software and hardware systems acquired could be enhanced in a modular fashion. The revised RFP provides the City with a turnkey system. The remaining responsive proposals include the following: (a) A CAD system configured to operate in the manner and detail described in the RFP. (b) A MIS system capable of meeting the functional requirements stated in the RFP. (c) A Mobile Data System which extends CAD to the field units, and the appropriate radio control system to run the field devices. This system specifically allows unit-to-unit messaging and provides officer field report writing, and supervisory review, capability. (d) Installation of the systems in facilities to be provided by the City of Chula Vista. (e) User training sufficient to enable the personnel of Chula Vista to operate the systems and to undertake the continuing requirements of training new personnel. J[P-'&;(p _......"~----_..._------,._-~--,- ------ May 21, 1996 The Honorable Mayor and City Council CADIMDT Supplemental Budget Report Page 11 (f) Hardware and software documentation to the level described in the RFP. (g) Implementation of the systems according to the requirements established in the RFP. (h) Interface of the proposed system with the telephone company's 911 system. (i) Interface with the Automated Regional Justice Information System (ARJIS) and San Diego Users Network (SUN) systems operated by San Diego County. (j) Interface with the City's GIS system. (k) Interface with the City's existing UNISYS system. (1) An RMS system that provides all the information and reports required in standard CFIRS format for submission to the State Fire Marshall and State and Federal Departments of Justice. (This component was later deleted after bids proved to be cost prohibited,) ACCEPTANCE OF BIDS & AWARD OF CONTRACT Bid proposals have been received, evaluated and ranked by the City CAD Committee. As proposed the Public Safety Communications project will automate one of the City's critical functions': police, fire and emergency medical dispatch and mobile data terminals in each police and fire vehicle. Contract award, acquisition and installation are scheduled to begin FY 96/97 subject to Council approval of funding and financing of PS 115. The full project will take approximately 14 months to implement. The estimated completion date is August 31, 1997. FISCAL IMPACT The total project cost for installation of a CAD and MDT system is $3,276,425. The total cost is proposed to be paid over a six-year period beginning in FY 96-97 and ending in FY 2001-02. Funding (pS 115 ClP Detail Sheet Attached) includes: . $721,955 from the Development Impact Fees in the first year and $157,375 in the second year in addition 10 the $283,800 already appropriated to the project for a total of $1,163,130 which is 35.5% of the project costs eligible for DIP funding. . $647,000 from a one time COPS MORE grant from the Department of Justice for the purchase of mobile data terminals which expires in December 1996; )lo~&7 ~._·.m -. _....- .- -,"'--'-."---' ._---~._-_._----"-------_._- -..--.----- May 21, 1996 The Honorable Mayor and City Council CAD/MDT Supplemental Budget Report Page 12 . $350,000 in General Fund in-kind staff time to be spread over the first three years of the project. . $1,116,295 in RCT to be spread the second through sixth year of the project. Financing: A total of $1 ,082,876 is proposed to be financed over a 5 year period beginning in FY 1997-98 and ending in FY 2001-2 at an estimated financing rate of 6.25% for an annual financing cost of $225,934. Equipment and Software Maintenance: The operational budget will be impacted by an on- going maintenance costs of $120,000 to be budgeted in Management Information Services' budget beginning FY 98-99. Life Expectancy: The CAD and MDT equipment and software purchased as part of this project is design specified to accommodate expected call for service volumes for fifteen to twenty years. The number of MDT's specified will support existing Police and Fire department operations. Additional and replacement MDT's will be purchased on an as-needed basis through the City's budget process. j [p~ &~ ~'-'--'-'-'~---- . -- - ---- .~"..__._.- .__._--,_._~----- .--.~.~-~ <> N <> ¡: :; <> ;Ii <> <> ;Ii <> ;Ii ~ '" N ... ... <> 0> 0> 0> <> a; Ñ .n .n .n .n ¿, ;\ N ." N N N <> - N N N <> '" '" N ~ ~ <> N <> ¡: ." !B ;Ii <> <> ;Ii <> ;:r; \ '" N !ó <> ... ... ... 0> 0> 0> ~ 9 a; Ñ ,,; .n .n .n .n .g: ... N N N N N N '" - N N N '" '" '" ~ ~ ~ ~ ~ \~ <> N <> ¡: .... § <> <> <> ;Ii 8 <> k ... N ; ~ ;Ii '" ... ... 0> ... "" 'I' as Ñ g 0 - .n .n - c .. ;\ N ." ." N N ." J! '" - N N N '" '" '" c ~ .!!! ~ '3 ..0 '=.. ....!!:E <> e.... <> N <> ¡: ~ (; ;Ii ." 0> 8 ;Ii ,....,g~ '" N .... ." ¡jÕ! .. ... ... ." 0> M ." <> 0> '" a; Ñ ~ ~ ,,; ,.: Ñ Ii ,,; "'''-- ,:. ;¡; N .... ;;; ." N ;;; '" N - - - '" '" ~ ...J ii 1;: ~ Iii w ...I (.') W :> « <> .... ." <> <> (; 0> C C ..z N .. ¡: 0> w....~ ... N N 0; ;g ." <> ;g 'C = Ìi)'-'ï;;õ'ü :¡:% .... ... ... ... M 0> <> ." :õ '" a; ~ Ñ Ñ .n M ,.: ~ M '" ~ 00.£ Q) .!!:!.. c w .;, N ~ < u:l;.... ;¡; N '" 0> ;g. è2; .... ;g .<:C:;E-O '" "'....u '" - N .... - '" <0: '" '" .Q o.Q".....~5. .Q ~CI ..Ja:w ~ ;;; ;;; .- '" !!a 0 :!;~o 1;: '" ~g-c-g'.~ '" .Q E U)Eæ~'ü= > >0: ~wa: '" ~co.. o '" 'E Q) co c: c: .<: :s:;; - - ~ (,) ü) () "0 ~ .- <> <> <> <> <> o in' E >-"'C Q) c;:: "'C m :)~ "'.... 8 <> 8. § <> <> 8 < t::()Q>:= Q) :¡:Z <> <> <> co_G>..Q"C"C 0 %% <> q .. .. .. () C a.I::COQ):;J 0- UW Qw 0 0; 0; 0 M M M -0 Q)~Q)E1ôg e ...:õ .J~~a: ." ." .. .. '" ..c:;:: '" N N N £~ -c .... .... .... E .- 0- o~ '" '" '" Q)ö.a.E=o ;!:æ:>L1j '" .- ¡¡Q).2_~g 'C o-c ã5 ~~ 00..°> :> ..c c:: s::: - ....0:> 'tiE "C1-'Q)Q)roo -0.. a: a: 'CE C Q) E 0 N U!!ij "-:¡: (t . E t:: 16 M ~ ~.... -8 8 Q) Q) co ~ - 'C¡; ç' .S:!Eoa.~~ Q) ...J õ=-G>(tQ) ;: ~O ~ m-c"C ~ãi >- § N '" '" '" - ." <> § ." § ." "5:; u.. iï: .... M :; N M 0; N M 0> N ..ccQ)Q)LOE .E ... .... 0> ... - N ... 0-- - 0 U.!:! .- < 0...1 0 Ñ ~ <ri * .n :é M ,.: <ri 0 <ri Em o a. I:: Õ .... )( w« ." '" N 0> '" è2; - ." .... .cU)cua..Q)o ~ U ...,.... '" M N ... N - - M N o C ....cvoc >5. u·- a - 00 M ;;; M ~ E .E .... C Q) 0 c.. u a:.... '" '" f/.r:;.G,).c-gc:r:: E " ë 11. '" '" cu.....- .¡: C~ oãí°>ou. ~ :;:; c."C.c æ~ 0- Il. '" '" 'C on -- ~.~ Q)"'C £ ~ '" o '" C '" cO ï="C-g~&;:m . 'C 0 ..J ::J g>ctI·ii3~>-.... C 1j ~ .QÆ E,-c.o u...g .2 i2 1tí:c E~~~,gc:c: '" 'E - 0 ro :> ij¡:; 8 '" " .- '" E t; cv'EQ.I c» C E E '" EQ).ocu-g.!::C1> C> 0 on .!!1" Q)"C _ om t:£ ,;; 0 "'0 c: 0 E c: u u O-c '" .5 '" 0'- c: co 'ÕloC 'C i c ñi E-c E",= "CUi ·!!1~8.Q~ 'C 0 C C '" '" C : § C ~ .. on .2 '" '" "'Oct) "011)'VC: '" '" ._ co "C ::J .... M 0 'S 1! .!!! 1: >-cC:oU)O>:;:; C> "'u ~ C '" e c m c: '-I.Ô.S! C ~- :ií '" 0:> 'ë i "72SoC( c 1; U.g o.CUU)·-c)NÕ C "',,- 'Ë 'C := ij''E.~:g~ ~ 11.11.% g> ñi :> '" '" c c C 'C .s! c .: '" ~c:Q)"Cc-c C. · ~ '2 ï~ 0 « :ë <1>'<: õC1>Ec;:)°o · c 0 1; .2 c_ è:' ¡e ~ 'õ C1>;:)- -_ ~ .. on ~ c 1: Ü ûj '5 8 ij¡ Æ.,= .= - ro ¡g _ 0 a: ä: 'S .\1> " '" ñí « S- '" on ~ 'ê' w õ :s '" . E eC1>5-mC1>U~ ro % è:' 1; " .s! % u C ..J 6,t: a.-C1>C1>>--'- i ûj « 0 a: :¡ * 0 ,~ê"">-~~.g :s .9 c 0. U g .- ., 0- W .. E E E :> ." ." 0- ~O-U;;:)ccn '" .... I;; .s! .. 0 ~ '" '" '" c: "- ~ " " - .,; 00 l-;:ê,='5c: · 0. üi :ë üi E 1: '" M W .. .... .. ~ 0 u. U. ro ~ g ~ !!! ,., 0 ,., 0 (.') - Iñ C) r CC1>= Cel) ¡:: 11. '" ::. '" .!!! u w a: Oa.u. .roO ~ ! z on % 0 'C % .2 ~ '" ,., i3 :i ::. c ¡:; ;OCeI)C U .; ::::t W '" :>; - 0 ftI ;:)"C0o :; 0":1; % 0 '" .5 Z -0- o~--:.::-= · .... .- 0';)00 z~::E '" « "- "- .... « ~ '" ~CI/).r=.'_ò'eI) " e:!::o 0 % "- 0 ü "- Z U.r:. -ro'Q)cn::JLC)= '" ;;; ;:i :> :> ¡¡: õ ü a: (.') ¡¡: <1>_ en.r=. C1> Q) CT(\ C1> .<: u....u U -' - - ~ .6 ~~E:Š~c.óro u ! VI / /P -(Ji ..._,~.- "--- _..._--+,---"-- "----"..-.-. '" '" 'õ ~.<: "'- e '" eo g E 8 .!!!v '" ;¡;- " -'" e :g-", '" .- '" e ,,- '" c= 'E '" ~ ï¡; §õ E .- '" '" ~·e e :::> c. 'õ 8'= '" C ",,2 0 . '" 'E.<: e "'~ ro ~ . >0 '" D _ e " " .- ro" '" ~ e Ü ë:::J . 0-.... ro u-O> c. 00> .~ - a.i"iõ - '" ",>- D ::::0(1') "ë c. ü) .~ E c.::> .0;'" 0; 0_::> o·õ< '" Os·!!! " ::> .0;0", D OUc; ;¡; ~.9'O e u-<= .2 " 0 '¡;j Q,)cu:.;:ö Q; -5:C~ >o::>c. c. D"'E 0 "....8 '" "'~ .<: -","''' ~ eO>'" ~ ~>-1i .., "LLE " c:c= ~ " CU'- UJ W · '" · "eCD ~ Q,).- ..c 1U C)~ ~.8 · ~.9E i '" OJ - ã! E · ~3.!!! ~ >"c. I '8 ~.5 IlP- ~ 0 ~~.2 · § - _..~.- ~ ---.-.--"-- - .------ - -- ------..---- ~--- --...----..--., hí~/lNDVT 13 . MINUTES OF A SPECIAL JOINT MEETlNGIWORKSBOP OF THE CITY OF CHULA VISTA CITY COUNCIL. PLANNING COMMISSION, AND . GROWTH MANAGEMENT OVERSIGHT COMMISSION Tuesday, April 2S. 1996 Council Conference Room 6:38 p.m. City Hall Building C.U ,L TO ORDER l. ROLL CALL: PRESENT: Counci1mcmbcrs Alvey, Moot, Rindone, and Mayor Honan Planning Commissiooers Davis, Tarantino. Thomas, md Willett Growth Management Oversight Commissioners Allen, Armbrust, Dull, Ray, Peter, Ken, md Chair Hubbard ALSO PRESENT: Jim Thomson, Deputy City Manager; Bob Leiter, Planning Director; Glen Googins, Deputy City Attorney; Ed Batchelder, Associate Planner; and Berlin Bosworth, Secretary to the Redevelopment Agency 2. APPROV AL OF MINUTES: Growth Management Oversight Commission Minutes from April 11, 1996 Growth Manaeement Oversi2ht Commission: MSC [peterlRay] to approve the minutes of April 11, 1996. approved 7-ð-2 with Hyde and Goerke absent. PlanniDll Commission: MSC (TbomaslWilIett] to excuse absence of Members Davis, Salas. and Chair Tuchscher due to their having prior engagements, approved ~3 with Davis, Salas. and Tucbscher absent. PUBLIC HEARING 3. PUBLIC HEARING: PCM·~2; REVIEW AND CONSIDERATION OF THE GROWTH MANAGEMENT OVERSIGHT COMMISSION'S 1995 ANNUAL REPORT-The GMOC's 1995 Annual Repon on compliance with the City's Qua1ity-of-Life Threshold Standards focuses on the period from 7/1/94 to 6130/95. Pertinent issues identified in later 1995 and early 1996 ~ Ilso included. The worUbop provides m opponunity to comprehensively review the Repon's findings md n:com"""'rlo.ious. Staff n:com.......rl. that: (10) the Planning Commission ICCqIt the 1995 GMOC Annual Repon md n:com""""¡o.;ons IS presented, and adopt a motioo n:commending that the City Council do the same; and (2a) that CouncillCCqlt the GMOC's '1995 Annual Repon md the n:conmvonrlo.il)us contained therein; and, (2b) that Council direct staff to undertake actions oecnmy to implement those n:commendations IS presented in A"orh""",.. B . "1995 GMOC Recom.......rlo.ionslImplementing Actions Summary. " This being the time and place the public hearing WIS declared open. PlanninJl Din:ctor Leiter gave brief introductory remarks and pointed out a procedural change of having the Planning Commission and the City Council both meet with the GMOC instead of the Planning Commission md the City Council holding separate meetings with the GMOC. Associate Planner Batchelder reviewed the table, Attachm""t B, in the GMOC IqIOn Including findings on Thresholds. He noted full compliance WIS DOt met for the fint three Thresholds 00 the list-Police, F~IEMS, md I [¡;~7 I ..~.. ----,--_._-.--- .,--_.._.".--~_._.._..__..__._-_....__._.._.-..._~.__..'-'---""'-~'--- -----.--. Minutes ( I . April 25, 1996 Page 2 . . Qnality. With respecllO Police, the shortfall was in only ooe of the two measures which was the Priority I call for services and the shortfall was very slight. With respect 10 FirelEMS the non-<:omp1iance resulted largely from a situation having to do with bow the current computer system in the DispalCb Center worked - in terms of how it recorded Call Response Times in comparison to bow the Threshold was originally strUCtured in 1987. The system does not have the ICchnica1 ability 10 cIemonstrate direct compliance. The possibility of ThRshold changes, as well as the possibility of Police and Fire obtaining a CADlRMS, would be discussed in the preseo1ation. With respect to libraries - with the opening of the South Chula Vista libruy, libraries would be in compliance beyond !be year 2000 based upoo current population projections. With respect to bringing Sewers into compliance, the maner of RClaimed water would be discussed. With respect to Water, both Districu bave indicalCd iufficient capacity and stOrage to meet both the 12-18 month projection for growth and also IOme mid-term projections based upon a variety of matterS occurring at both the State- and County-wide level with respect to guaranteed water supplies in the future. Parks and Recrea1ion, compliance was being based on a standard presentiy Ipplied east of the I-80S freeway. GMOC was, as it bad for a number of years, recon.mf!ftd;I1g that the standard be Ipplied Citywide. With respect to Schools, both Districu bave indicalCd sufficient capacity to bandle the 12-18 month growth projection. The GMOC raised the issue that bad to do with the District's policies about optional attendance ueas and how that would affect some of the CWTCIlt impact, With respect to Traffic, that was largely in compliance, There were only a few segments of the overall roadway system which did not meet the compliance. Hence, the GMOC's indication for the potential of DOD-<:ompliance. GMOC would discuss how they would like 10 see some forward projections with regard to uaffic. As far as the Fiscal section was concerned, all of the City's DIF funds were relatively in healthy shape and growth was essentially paying its way as far as new facilities were concerned. Council Member Rindone asked why Southwestern CoUege was DOt considered for inclusion under schools. . <sociate Planner Batchelder replied that at present the Threshold standard does oot address community colleges above, it dealt with primary and secondary education. That issue bad been brought up in past years and the question was whether the City wanted to consider expanding the Threshold standards to include coUeges. Council Member Rindone pointed out he bad brought up the issue last year. Staff should present 10 the GMOC to see if the college system can be expanded to be included in the Threshold standards in next year's repon. GMOC Chair Hubbard responded the GMOC would be most receptive to the recommendation for inclusion of the coUege system. GMOC Chair Hubbard presented· the GMOC repon and c.'IifCI.lSSed each ~old area. Clair Hubbard complimented the Planning Department and, especially Messrs. Leiter and B81Chelder, for their work and -=knowledged those City departments which provided needed information. Mr. Hubbard highlighted those areas which would bave budget ramifications: . The computer dispalch system which the GMOC saw as a very vital addition to the Police and Fire departments. The system, once impl"""""M, &bauld improve the efficiency of the Police and Fire personnel as well as providing the Chiefs with better management control and better recortIkeeping. . The GMOC felt that Master Planning-the availability of assignments, work program prioritization of depanmeo:t staff-for Police, Fire, and libruy facilities, needed to be addressed in the cum:nt budget cycle. . To ensure Development Impact Fees (DlFs) moin.oin compliance with Fiscal and other ThRsholds, the GMOC was I'CCOIDIIICDdin adequate staffing and work program prioritization 10 DlFs can be reviewed and updated as -"'y on a regular periodic schedul~ery one to two years. · Drainage monitoring and installation of recøm""""'M drainage monitoring devices for Telegnph and Poggi Canyon dnina¡e basins abould occur as pan of the 1996-97 capital outiay program, . Traffic monitoring, to assure longer-term Threshold compliance and the avoidance of traffic congestion in key uaffic conidors, such as H Street, Palomar, Telegnph Canyon Road, ütay Valley Road, dc. and the continuing provision of adequate staffing and budget to'monitor and develop traffic projections, was a critical need: . The Park Implemeowion Plan (pIP) provision for internal work program priority to assure 'llpletion of the PIP and related study of EastaD Territory park issues by the end of 1996 was ¡IO considered ..ponant. ') ~-7J -......-.".- ..._nm<____"_o__··_.._ _._~·M'..___. Minutes April 25, 1996 Page 3 GMOC Hubbard p~M to address eacl1 of the 11 Thresholds: [I] Police, [2] FireIEMS, [3] Air Quality, (4] Libraries, [5] Drainage, [6] Sewers, [7] Water, (8] Parks md Recreation, (9] Schools, (10] Traffic, md (11] Fiscal. GMOC Report - [1] PoUce: Chair Hubbard noted Police met the Thresholds in three of the four areas. . The area where the priority was not met was for Priority I calls, i.e., emergency calls. The Threshold standard called for Priority 1 calls was 84 percent of dispau:bes to be within 7 minutes with m average time of 4.30 seconds. The actua1 was 84,9 percent and the average response time was 4.37 seconds. The GMOC was coocemed as this was the fifth consecutive year that Priority I calls had not been within the Threshold. Mayor Honon asked staff about the status of funding with regard to the purchasing of the CAD system in the 96-97 budget year. Mr. Leiter respooded that item would be presented in the Capita! Improvement Program (CIP) as pan of the 96-97 budget presentation md at that time staff would make specific recommendations regarding financing issues. Deputy City Manager Thomson added staff has been through the RFP vendor process. At this point funding would be the major issue to be cliscussed. Mayor Honon asked if the funding would be available during fiscal year 96-97. Mr. Thomson stated there were some funding sources and it was a problem staff was working on. Council Member Alvey asked if the system had to be purchased at one time or could it be purchased over several years. Mr. Thomson replied staff was looking at various options for possible phasing the purchase. Council Member Alevy asked about grant funding. Fire Chief Hardiman said meetings were being held on this issue. Staff was cautiously optimistic as there appeared to be a variety of funding sources which were in the process of being identified which could be used. Council Member Moot asked when the Police was not meeting the response times on Priority I calls, was it occurring in all sections of the City, or only in eenainsections of the City. GMOC Chair Hubbard noted that was a good question but that GMOC did not know the answer. That was mother solid reason why the CAD system was so imponant. The Police cannot break that information out aI the present time. Council Member Moot stated his concern was, as the City grew further to the east, that Priority I calls in the more distant pan of the City not meeting the Threshold because of the distance between the Police Station md those residents. GMOC Chair Hubbard replied that could very well be, but no one has that answer. Police Capitan Jim Zoll stated, to answer the question the' Police could DOt answer the question. The Police has looked aI the east vectors in restrUCtUring the bea1s as relates to the number of people. There was not the capability in the current system to measure this. Council Member Moot asked how many units aImy given time were east of I-80S. Police Captain Zoll responded geoeraily there were four, but sometimes up to eight. J &-13 ___..... ___.__.._.u_._ "-.._----_.~.- "--.-- "---- Minutes l April 25, 1996 Page 4 Council Member Moot took it that 1hcrc were a number of units that were always kept east of 80S to respond to EI emergency. Police Captain Zoll replied that was COlTeCt. Other cars from another sector would be moved out east if, for example, two cars were required to be at Headquarten for any period o( time for whatever lQSOD, Council Member Aievy asked at what point would Captain Zoll believe the City abould seriously consider a . substation in the eastem sector. Police Captain Zoll said when the City started expanding into the SPA areas. It was 14 miles from the current station to the Olympic Training Center. Mayor Honon inquired if Captain Zolllcoew how close substations were located to each other in San Diego. Police Captain Zoll did not know. San Diego has subswions within a geographic area to cover a certain amount of area. GMOC Chair Hubbard swed while it was a Council and Police Department decision to determine to work out of subswions, the GMOC -encouraged that it be done in a fonbright manner because of the concern to meet the Thresholds . Council Member Aievy asked if the CAD would give decisionmaken the ability to readily look at Thresholds. ~\1oc Chair Hubbard's understanding was that the CAD would provide the Chief of Police and his staff an array informatioo, all the swistics necessary to take full advantage of their staffmg. GMOC Member Kell said the primaIy purpose of the CAD was to get the emergency vehicles much quicker to wherever they were oeeded. One of the aspects of the CAD system was that it would improve the efficiency of writing repons as the computer system generates a lot of the detail so that a brief tWT81ive would complete the repon. This would be true for both Police and Fire personnel. Council Member Rindooe pointed out when the issue was raised again last year, the City Manager's Office responded it was oot pan of the overall master planning of the Police. Council may want to have staff look at the master planning of the Police for Some other reasons, of which this was an impottant component. Traffic patterns and time of day has a great deal to do with response times. than the distance from the east. GMOC Report _ (2] F1relEmer¡eøcy Medical Services: Chair Hubbard &wed FirelEMS bad the same issues applicable to dùs depanmeDI as did the Police. The recom.-MO';ons were synonymous. The Threshold was not met for Fire. The CAD system would meet the same proviJions as was discussed about the Police Department. The GMOC was very strongly reco"..._·"rlir,g that the CAD system be implemented and staff provide the Master Plan development on a timely manner. Council Member Moot wanted to know why with Fire Stations spread around the City, was the same pattern of response time deficiency being seen in both departments. GMOC Chair Hubbard replied there was another unique feature with regard to the Fire Department Threshold. That was that the recording system utilized a formula whereby Dispatch was given II 30 second time, and then response time was calculated based on tum-out and travel. Now, it was the total time. The 30 second timeframe was no longer being used; a different time scheduie was now being used, It wouic\ not be fair to say that Fire ~artment services have declined, Fire Chief Hardiman clarified that the standard being used for response time was adopted in 1987 and a set amount of time-3D seconds-was allotted to the Dispatch Center and was separate from Total Response Time. However, J &-74 ----.-....-....-.'..--......,--,.- ".--,....-.---.------- Minutes April 25, 1996 Page 5 now, Total Response Time included Dispatch, Turn Out, and Travel Time. In the past five years or so, then: has been greater emphasis on protective clothing and the amount of Turn Out time it took to don equipment and get on the apparatus md secure ourselves safely in the apparatus; that component has actually increased. Cu=tJy, the Fire Department is performing a rather exhaustive, laborious method of ~..m;n¡ng what Fire's Total Response Time is. Fire pcnonncl, even before CAD was implemented, hoped to ICC some improvement in Time. Staff has been working with Management Services to try and identify more accurately the Priority Calls within the Dcpanmcnt. In the past year, some calls wen: C81egoriud as emergency ca1ls, when in fact, they wen: not. These ca1ls should not have been measured against the GMOC standards. Staff was doing an exhaustive study to separate Code and Non-code responses. Council Member Rindooe noted the number of Emergency Calls volume increased by 9 percent over last year. The Response Tunc was under the 85 percent Threshold but was it greater or less than 9 percent compared to last year. Fire Chief Hardiman responded the Fire Dcpanmcnt responded to 82 percent. That was due, somewhat, to the awareness of making all company officers try to meet the Threshold Standards. Council Member Rindone said the point he was making was the percentage of efficiency improvement as well as the number of Emergency Calis increasing simultaneously by 9 percent. Fire Chief Hardiman pointed out that with managed care by the health community there was going to be much more emphasis to direct patients to the correct facility and not the nearest facility; and, therefore, the capitation services of all those bospitals would be competing dircctJy with the 911 system. There was a great dcal of emphasis and concern within the Fire community that call volumes would ICC a rather sharp decrease in the future, Chula Vista, as yet, has not ICCn that. When the Fire Dcpanmcnt saw that type trend developing, staff would get back to Council on that. Council Member Alevy asked about the Master Plan for the Fire Dcpanmcnt. Associate Planner Batchelder· said it was either the 1987 or 1989 Master Plan for the Civic Center. Council would see CIP proposal coming with the budget process as the GMOC rccommM\ded a strategic plan to update the Public Facilities DIF. Council Member Alevy asked when was the last time the City's overall Master Plan was updated. Planning Director Leiter replied the City's General Plan, which was the basis for all the Master Plans and facilities was updated in 1989. The Facility Master Plans have all been updated at different timeframcs. The two that Planning Dc:partment staff agreed with GMOC were the most critical, were the Police and Fire, particularly Fire. What the Fire Master Plan would do would take the upda1cd Gencra1 Plan including all of the Otay Ranch Plan updates that have occurred and then look at the appropriate location of all fire stations-existing and future-to meet response ûmcs for the entire General Plan area and also estimate the cost of those facilities. That information is then used to update the Public Facilities Development Impact Fee. The Fire Station Master .Plan, in terms of priority. was number ooe in termS of allowing staff to then make proper decisions about citing fire station when the Plan update was done. Council Member Alevy COIICIIITCd both Master Plans needed to be updated quicldy. He advoeated a IÐ""h.ni.m that would lriggcr a regular re-Iooking at all master plaoning on some son of regular basis. Mayor Honon noted staff was woridng on that at. the present time. Fire Chief Hardiman said for the Fire Dcpanmcnt, it should be a Master Plan update and DOt an interim Plan update. GMOC Chair Hubbard stated the Council was cognizant that master planning required'an investment of key staff 1&-15 "'-"'---' ,-,..'''.-.....-.-----.-.-..---.-... Minutes l April2S.l996 Page 6 time and that was the rationale in GMOC's indicating, for Council consideration, this would require a look at during the budget process. GMOC Report - (3] AIr QualIty: Clair Hubbard indicated that living in Cbula Vista, one enjoyed good air quality by comparison to most of San Diego County, Orange County, and the Los Angeles area, There bas been a recommended change in the Air Quality Threshold. Council bas looked at this and the GMOC would recommend that this be adopted SO the City would be in compliance with Thresholds. The City should be complimented for the efforts it bas made in terms of ttyiDg to provide continued services which would improve the air quality, such as DatUlIl gas vehicles and so on. Council Member Alevy asked if the City was in compliance with the schedule of the Federal Clean Air Act. GMOC Chair Hubbard said while the City was on schedule it did DOt meet the Federal air quality regulations but that the City had taken steps to bring it closer. Council Member Alevy asked how Cbuia Vista was doing compared to the rest of the region. GMOC Chair Hubbard replied better than most areas. GMOC Report _ [4] LIbraries: Chair Hubbard stated the GMOC recommended continuing to stress the need to take, in a timely manner, the update of the City's 1987 Ubraries Master Plan. The GMOC was requesting the Council direct staff to ensure that interim and permanent library sites issues were fully considered during the course of the EastLake Master Plan evaluation effort and the on-going Oiay Ranch planning effort. The GMOC saw a -...tentia! problem should the present Village Center site be determined to be inadequate and should the selection of ;ew site be oecessary. Mayor Horton commented the County was going to tty and build a County library and the funding source for that was going to be to impose a ooe-half cent sales taX CountyWide. How would that impact the City's future planning for some of the facilities in the City. The Mayor ltaIed she was concerned about how residents would feel about having to pay for a County facility. This was something the Council needed to be cognizant of. Deputy City Manager Jim Thomson informed Council the Cbula Vista Ubrary Director was keeping abreast of that issue and there would be a report going to Council in the near future. GMOC Member Ray commented a IOIIIIber of discussions focused on increases in technology and the reduction in size requirements for libraries as they go to computerized book reading and such of that nature. The GMOC not only looked at the size of a facility or square footage, and the dollars devoted to that aspect, but also look at what aecbnology was going to be. Planning Commissioner Tarantino responded to what Planning Commissioner Ray said, In addition to the research and that aspect of libraries, they do lCrVe a social need, particularly for young people as they tend to congregate in libraries as it was a safe place: to meet, they do their homewort there, The City should not forego the space: in terms of technology. There were two functions of a library-one was vet)' IOCial and one was the ~Iedge aspect. GMOC Member Ray replied their discussion focused on the requirements of book/magazine storage and things of that nature. Mayor Horton thought the City needed to closely follow the trend with regard to the size of libraries due to new cbnologies. PJanning Commissioner Tarantino said he would hate to see libraries become storefronts. lP~'1lo ^^"_ "~·____.__,__.·.u,_··___ ,,_ ___,.'. _."_'. __,_.,_~.__... .__.,________.___._ Minutes April 25, 1996 Page 7 Council Member RindODC said the Mayor was correct as this was a field tba1 was being worked on in literacy. In fact, the State Job Training Conference Committee set up by the Governor was looking vel}' leriously at our libraries-and Library Director Palmer was aware of this-with regard to kiosks/shopping centers/storefronts because of the access of computer databases and new technologies, What Mr. TlnUltino was pointing out has liways been a beneficili function of libraries. As the State was going, \)e<",,,... of limited funding, and under the rubric of technology tba1social function could be lost. The City needed to examine what it, as a City, valued. It was realistic to understand tba1 what the Mayor was saying was the direction tba1 was seriously being enm;nl'il , The City inay DOl want 10 follow the trend in which the State may be heading. GMOC Report - [5] Draluage: Chair Hubbard said the GMOC recommended Council approve the additional drainage monitoring stations proposed in Funding Year 1996-97 CIP for Telegraph and Poggi Canyon drainage courses and tba1 Council direct appropriate staff 10 take proactive re-evliuation of potential funding sources for needed drainage improvements in western OIula Vista and report back 10 the Council and GMOC on prospects and proposed efforts 10 obtain them. Several of the identified priority projects have no funding so= and need to be given anentioo through an aggressive effort. Council Member Moot asked about the Army Corps of Enginem project. Senior Civil Engineer Steve Thomas swed that project was from Fourth A venue downstream and what the Council Member was asking about was the project from Hilltop to Third Avenue, The City has a CIP project proposed for that. Staff will get informatioo on tba1 project. Council Member Alevy asked about a project which was west of Willow Street. GMOC Chair Hubbard said it was a County project. Senior Civil Engineer Thomas said in late 1993 the City had a joint project with the County 10 improve a small portion downstream of Willow Street as pan of their regional park. The City got Federal disaster funding for tba1 project, but the scope of the project was limited and the FEMA funding was limited by concern for the wetlaods. That panicu1ar project functioned quite well during the 1994 storms. There have been discussions with the County regarding expanding the scope of tba1 project. There happen to be two water 1ines in the vicinity which would require 5500,000 each to relocate. Staff has encouraged the City of San Diego 10 replace tba1 line as it was quite old and encouraged the Sweetwater District to relocate their line. Council Member Alevy asked if there was a ûmeline on tba1. Senior Civil Pngi.....,r Thomas said the County had the lead 00 tba1. GMOC Report - [6] Sewers: Chair Hubbard stated the GMOC recommended Council continue 10 support staff and consultive efforts 10 expeditiously develop a Itratcgic plan which ensured IIIfficient futuie _age trealUlent capacity to meet the long-range buiJdout needs of the City', adopted Genera1 Plan and suggested these efforts should coincide with future use of reclaimed water. GMOC Member Ray commented he was surprised by what was reported last year about innovative things the industty was doing - from ballooning pipelines 10 puning rubber barriers in them - 10 extcIId the life of these systems, and whatever the City could do 10 support tba1 would be beneficial. GMOC Report - [7] Water: Chair Hubbard commented, from his ""'.¡....Iive as aezving as the Chair for the InterAgency Water Task Force, of which represenwives from the two water authorities in the City participate, be was very pleased by the work of the Task Force and the cooperation of City staff and the water authorities. A lot of progress has been made in the past few years 10 make certain the City has a d."...,ð.hle water supply. The GMOC was recommending tba1 focus be given to the topic of future availability and usage of reclaimed water and I w-rJ1 . ^'" "--,._.,,.~--~--._-~-~_._-~_.--,-_._------------- .-.--.. -.-... , Minutes \, April 25, 1996 Page 8 thai both local Wiler districts include discussions of their present effons md status of reclaimed water development in next year's n:pons to the GMOC. Council Member Alevy wanted to know if the GMOC Idvocatcd a position, and if so, which position, be wen with regard to the emergency storage plan. GMOC Chair Hubbard thought that was m issue the GMOC should stay out of. Council Member Alevy asked if the City was concerned about the overall issue of emergency W8ler storage. GMOC Chair Hubbard said the City was c:crtain1y cooccrocd as the City was dependent on that. Associate Planner Batchelder intctjcctcd there bad been a recent shift on this issue from the GMOC to the InterAgency Wiler Task Force. GMOC Report _ [8] Parks IIDd Recreation: Chair Hubbard swed the GMOC recommended that Council direct that the Park Implementation Plan be completed and available when the GMOC commenced its next review cycle in October 1996. This has been a major topic of discussion and high on the City's priority for a number ofycan. The GMOC also asked thai the Council direct appropriate staff finaJizc the revised, draft Parks and Recreation Threshold Standard amendment presented in Appendix I md return it for formal public hearing Idoption with the PIP no later than October 1996. The GMOC c:crtain1y supponed the revised Threshold as it applied to the Thresholds cityWide as opposed to simply in the Eastern Territories. To complement that, the PIP would allow Parks md Recreation to incrementally move toward compliance with thai revised PIP over a 20 plus year basis '''~ich would give it adequate time to work. The GMOC Was very much aware that development in the west Was ftty restricted due to there oot being much space left. This would we time to reach full compliance. Planning Commission Member Ray pointed out the J Street Marina was included as a credit for the WestcrD ponion of Chula Vista, although it was oot within the City boundaries md secondly, the Planning Commission recently took tentative action on the Otay Ranch to give a credit of 25 to SO pcrcent for the neighborhood parks and allowing the Parks and Recreation Ðcpan=nt to come up with some kind of measurement for amenities such as a gym or pool or tennis coun versus just open space park lmd with grass. There should be some son of measurement developed to give credit for amenities as opposed to just an open park. Planning Commission Member Tarantino asked if there was my move by staff in terms of looking at parks of less than five acres on the west side as to whether or not they were feasible. Planning Commission Member Willen said Parks md Recreation pcñormcd a stUdy last year and took a cursory look II the issue this year and were looking IIPan:cls that come within 2-1/2 ICTCS (414 feet by 414 feet). Council Member Alevy noted while there Was not a lot of land available in the westcrD pottion of ChuJa Visu to create enough parks to meet the City's Threshold Standards, was the City looking II developing a formula to develop credits for facilitles/amcnities. Wha1 would be the .......h.ni.lII to create a formula and would it be feasible? Associate Planner Batchelder acknowledged staff bad completed m analysis of that pottion of the evaluation md that would be forwarded to Council. Council Member Alevy said he looked forward to receiving that information. There was not a lot of land available on the west side and to call the City 1brcshold deficient because of that was not fair to the City nor the Parks md Recreation Ðcpanmcnt. , JMOC Chair Hubbard was aware there were sensitive issues with regard to such a formula md recom"'"'ded the formula be worked out with caution. 1&-1Y: ..-----_.~- -...-..-- - ~-~---- ~ --- -- Minutes Apri12S,I996 Page 9 GMOC Report _ [9] Schools: Chair Hubbard pointed out the GMOC observed both the elementary and high school districts would have sufficient facilities to meet any anticipaled growth for the next 18 months. However, over a S to 7 year forecast, additional facilities would need to be built. At the same time there was concern with overcrowding in certain schools. Some stUdents arc being bused II! the District'. diicretion or by families' request. As a case in point, EastLake High School has lots of lIpace. Bonita Vista High School was crowded. As one looked II! the rcrom",.."".rions, one can see GMOC heard and responded to IOIIIC of Ihose concerns. These were issues that the Council may choose to get involved in, if they 10 desire. One IUggestion would be that the City might want to consider, in cooperation with the two school districts, forming a comparable kind of task force, as is the InterAgency Water Task Force, which would meet on a regu1ar or required basis to discuis these kinds of issues. Planning Commissioner Member Willett commented on Appendix J, page 3, Baldwin SPA I, regarding the high school being located in the southwest portion of Village 1 or the DOnhwest portion of Village 2. That was in error and should be corrected. Assistant Planning Director Ken Lee DOted the change would be made. Planning Commission Member Willen suppancd the GMOC comment about a cooperative park in a school location. The City and high school have certain agreements for specific schools but there has not yet been established an overall policy recommendation. Consideration should also be given to an agreement with Southwestern College. Assistant Planner Batchelder stated it was ltaff's undentanding there would be a number of independent agreements for school sites in both eastern and western Chula Vista for shared use of facilities. Planning Commission Member Tarantino asked if staff got the feeling, during discussioo that the SweetwlllCr Union High School District, if it was willing to take a look at the boundaries of EastLake, be<-,"CI' of the fact that most of the anendance area lay in the optional boundary area. Was Sweetwater willing to take another look at that and correct the problem. GMOC Chair Hubbard had to say no. There was discussion and Sweetwater staff and they felt that would be a sensitive issue to their Board and others. GMOC Member Allen stated the boundaries of schools was a vcty lCDSitive political issue and it was not something a representative of the school district could readily say they would look at that. It was a Board policy issue. There was always controversy when the Board began to look at the change of boundaries from one place to 1D0ther. Mayor Honoo asked if SWl':Ctwater Union High School Board Member Jim Cartmill would like to interject IDY comment with regard to that issue. Mr. Cartmill said because there was a choice program in the District, the Board felt that all stUdents should have the opponunity to attend IDY high school they wanted as long as there was space. He said he would be glad to take the issue back to Ihe Board for discussion. GMOC Report _ [10] Traffic: Clair Hubbard prefaced his co............ on ttaffic by ;ntlirJl';l\g the GMOC was vcty gratified with the extensive rcpon provided by the Public Works Department, cspecially their lincere effons to monitor and be vcty much on top of what was hlppening within the City regarding ttaffic. GMOC was requesting that the City Council direct the Enginecrin¡ Diviaion to continue to include S to 7 year performance projections for the City'l major ancrial atrCCts. It was very imponant that the depanmcnt have adequate ataffiog to continue with that monitoring program. The GMOC was recom"""vHng thatlhe City Council actively suppan plans for Ihe development of the full SR-I2S !=way or tollway facility which was deemed critical in termS of alleviating Ihe potential ttaffic congestion in Ihe east IDd east/west arteries. GMOC Report _ [11] FIscal: Chair Hubbard stated, in essence, what the GMOC was saying was that the City has done a good job developing the Development Impact Fees program and the GMOC was recommending, in order )~~1q -.-....---..-..- .'__·'M__'·._"."·_.~__·___·_____·_ -.- Minutes l April 2S, 1996 Page 10 .." make certain, that Council was very much awan: that the program was essential 10 providing services and keeping the Thresholds were they were and that staff must continue 10 pay I!teIltion to these. The GMOC would raise the questioo as to who assumes the responsibility that the DIFs an: developed accordingly during any subsequent year. Who assumes that responsibility, the Manager's responsibility or departmental responsibility? Planning Director Leiter answered the question, stating the Transportation DIF was prepan:cl by the Public Works Department's Engineering Division and the Public Facilities DIF, which covered libraries, fire swions, and other. non-transportation facilities, historically was handled by the Management Services Department. B«11'~ of the dissolution of the PAPE unit, there was on-going discussion about that going into the Public Works Department. That was being addressed and c1arified in the budget process and would be reported 10 the City Council. GMOC Chair Hubbard stated that concluded the GMOC report, Mayor Honon thanked each Member for participating in the process and joint workshop. The Council, Planning Commission, and GMOC knew bow important these Thresholds were to maintaining the quality of life for Cbula VislA and their effons were very much appreciated. Planning Commission Member/GMOC Member Ray, speaking as an individual, said be would like to see the City Council look at the development of a solid waste Threshold for the City. The City bas more control over this than, say, it does for air quality. The City bas a much better opportunity to CIeate a viable standard that was enforceable so that the City could actually do something about it as opposed to something such as air quality. I would like the City Council to take that as a recommendation for next year's GMOC - 10 create a Threshold. J'LANNING COMMISSION MOTION: [TbomasIWUJett] that the Planning Commission benby accepts the 95 GMOC AnDual Report and recommendations as presented and recommends that the City CouncU do >de same, approved 4-0-3, with Davis, Salas, and Tucbscber absent. . CITY COUNCIL MOTION: [HortoolMoot] that Council accepts the GMOC's 1995 AnDual Report and the recommendations contaloed therein, approved 4-0-1, with Paclilla absent. CITY COUNCn.. MOTION: [HortonlMoot] that Council bereby directs starrto proceed In Implementing tbe recommendation as presented In Attachment B and Include those comments as made by various Members as this meeting, approved 4-0-1, with Padilla absent. ORAL COMMUNICATIONS None. ADJOURNMENT ADJOURNMENT AT 8:09 P.M. to a Special Meeting of the Planning Commission on May 1, 1996 117:00 p.m, in the City Council Cbamben, and 10 a Special Workshop Meeting of the City Council on April 30, 1996 11 6:00 p.m. in Conference Rooms 2 &: 3 of the Public Services Building, and thence 10 the Regular City Council Meeting on May 7, 1996 114:00 p.m. in the City Council Chambers. Respectfully submitted by ~,ð. ~ Berlin D. Bosworth, Sc=Iaty 10 the Redevelopment Agra:y J ~-gO ".---"...- "" -.---. . .._~_._,~-----_....._-_._"....._-- fl-rT/INI/WI ÆJ7 (' . -ANNUAL REVIEW OF THRESHOLDS- THRESHOLDS REFLECTING NON-COMPLlANCE D POLICE - THE GMOC FINDS THAT THE CITY IS NOT IN FULL COMPLIANCE WITH THE POLICE THRESHOLD STANDARD FOR PRIORITY I CALLS FOR SERVICE tCFSI. ALTHOUGH THE SHORTFALL WAS AGAIN SLIGHT. THE GMOC . EXPRESSES GREAT CONCERN SINCE THIS IS THE FIFTH CONSECUTIVE TEAR IN WHICH THE PI-CFS STANDARD HAS NOT BEEN FULLY MET. DESPITE A 1.2% DECREASE IN CFS VOLUME OVER THE LAST YEAR. AND AN OVERALL INCREASE IN PATROL STAFFING, THE GMOC THEREFORE FURTHER RECOMMENDS THAT THE CITY COUNCIL DIRECT THE POLICE DEPARTMENT TO PROVIDE SEMI-ANNUAL COMPLIANCE EVALUATIONS TO THE COUNCIL FOR THIS PORTION OF THE STANDARD. STANDARDS FOR PRIORITY II CFS WERE AGAIN MET AND SURPASSED. The GMOC is concemed over the continued PI CFS deficiency despite continued increases in patrol staffing; and the overall reduction in CFS volume. As stated in prior years, the Police Department has been implementing a variety of operational and managerial changes since its present administration took over in 1991. Many of those changes are designed to improve call-for-service (CFS) response performance, and intended to address non-conformance with the Police Threshold Standard. Despite commendable efforts on the part of the Department to effect community based policing, and other significant managerial and deployment tactics, the Police Department continues to not meet full compliance with the PI-CFS Standards as evidenced by the following statistics: Priority I Calls for Service (PI CFSI- The threshold for Priority I (emergency) CFS requires that 84% of these calls be responded to within 7 minutes, with an average response time of 4.5 minutes or less measured annually. The actual performance for FY 1994-95 indicates that 84.9% of all Priority I calls were responded to within 7 minutes, with an average response time of 4.37 minutes. Total percentage for overall call response within 7:00 minutes was down from 85.4% last year, but with average response time improvement from 4.6 minutes last year to 4.37 minutes this year. Priority II Calls for Service (PII CFS)- The threshold for Priority II (urgent) CFS requires that 62% of these calls be responded to within 7 miflutes, with an average response time of 7 minutes - 6 ) 0'~1 --- -- - or less measured annually. The actual performance for FY 1994-95 indicates that 63.4% of all PI! CFS were responded to within 7 minutes, with an average response time of 6.39 minutes. While the GMOC considers the PI CFS shortfall to be a modest deficiency, we none-the-Iess remain concemed since this is fifth consecutive year in which Police performance has been very near, but below, the minimum acceptable standard. Based on oral presentations, the GMOC believes extension of police services into the expansive eastem area of the city may actually be having a negative impact on the ability to meet Priority I threshold response times. This is mainly attributable to topography (canyons, etc.), the resulting winding, loop roads and cul-de-sac streets, and the fact that several of the major north/south connections to the eastlwest arterial street system are not in place. Regardless, it is difficult for the GMOC to specifically pinpoint causes and/or recommend remedial actions, although we desire to do so. There was no conclusive evidence presented to indicate that the P1-CFS Threshold deficiency is attributable to new growth. In this regard, the Police Department continues to indicate that present dispatch and record keeping systems do not enable data management in a fashion which can readily quantify whether increases in CFS are growth related. Since adequate tools do not exist to conduct an evaluation of these eastem Chula Vista conditions, and their actual affect to response times, purchase and installation of the full Computer-Aided Dispatch Records Management System (CADfRMS) is crucial to evaluating police efficiency. The GMOC therefore recommends: . That the City Council aggressively support the timely purchase, Instailation and operation of the proposed CADIRMS by directing staff to develop viabie funding proposals for Council action as part of the FY 1996·97 budget submittal. As of the time of this report's preparation, the GMOC understands that two successful bidders for the CADIRMS project (PS-115) have been identified, and are reviewing various component and cost information per the City's request. City staff and Administration are continuing to evaluate funding proposals. While this represents progress, the GMOC would, however, like to bring to attention the prolonged nature of the CADIRMS, and the need to expedite its purchase and installation during FY1996f97. The GMOC has been faced with the P1-CFS non- compliance for five years already, and at least one year of CADIRMS statistics will be needed to enable the GMOC's review. Therefore, if the CADIRMS is not in place promptly, there may be several more years of non-compliance before the GMOC has enough information to address the issue. As noted last year, once better data is available through the CADIRMS, re- evaluation of the threshold standard is warranted. In order to produce worthwhile indi~ors and/or measurable results for use :n the reevaluation, it is anticipated that 7 J b- ~ì-- ~--.__._--- ----- .....------ .........-.. ._.......".._._~---_._..- ~-,---_.- at least one year of CADIRMS statistics will be necessary to determine if current issues influencing police performance can be solved through managerial techniques, or ifan alteration of the current Standard is warranted, Therefore, the GMOC recommends: . That r&-fvaluat/on of the Police Threshold Standard occur approximately one year subsequent to the Implementllt/on of the CADIRMS system. Assuming the CADIRMS Is In place by Summer 1996 (as presently acheduled), then the GMOC would consIder the threshold standard for revIsIon In their annual review commencing October, 1998. In the interim, and in order to better anticipate if non-compliance will continue, and to accordingly adjust resources to hopefully preclude it from happening, the GMOC recommends: . That In addition to requiring semi-annual compliance monitoring, the City Council direct that should the monitoring be Indicative of continued non-compliance, that the Police Department also be required to provide a focused evaluation of why the continuing slight deficiency In PI-CFS occurs. As regards the longer-term outlook, the GMOC recognizes that it will continue to be difficult for the Police Department and the GMOC to determine whether threshold performance issues will continue to exist without the CADIRMS. It is also difficult to determine how best to structure and manage police resources in combating crime and maintaining appropriate service levels for a growing city, both population and geographic-wise. Several large projects in eastem Chula Vista will be undergoing major planning activities over the next year, among them EastLake, San Miguel Ranch and Otay Ranch. As the City grows and expands to the east and south, it is becoming increasingly necessary to consider how best to deliver services to those extending geographic areas in an efficient and timely manner. The GMOC is aware of recent discussion of ideas and issues regarding potential future expansion of police facilities and services. However, to our understanding, this is occurring absent anything to formally evaluate or direct those efforts t6 a result, such as a strategic or master plan. This is true despite ongoing development planning and approvals in eastern Chula Vista which are effecting the physical and social environment in which the servi~s will ultimately be delivered, As noted earlier, one example is the layout and street configuration in eastern Chula Vista which are having an affect on response times. Additionally, by way of comparison, Police is one of the only thresholds which does not have the more-or-less standard, forward looking master plan. Presently, the "plan" for police facilities is part of the City's Civic Center Master Plan, which assumes that the police facility will remain in its present location, and thereby does not address planning issues with respect - 8 lo--~ ?; "._.'~"_'.'---"-"-," - .._--_.."_......_-~-----_..._-~-- . to extending services to a growing and geographically expanding city, Therefore, the GMOC recommends: . That the City Council direct staff of appropriate City Departments, and allocate the necessary resources and budget in FY1996-97, to commence preparation of a long-range arateglc plan for the future delivery of pollee services to the exPanding eastern area of the City consistent wfth threshold mndards. This plan should address expansions andlor changes In the level and methods of deployment, as _II as any needed or desirable physical facility expansions, andlor relocations. Beyond the CADIRMS proposal and updating the master plan for police facilities, the Police Department should be recognized and commended for continuing to expand on a multi-faceted proactive policing effort under the well-grounded philosophy that it is more effective in the long run to prevent crime than to respond to calls-for-service. In this light. the GMOC recommends: . That the City Council continue to actively support the further expansion of proactive community policing efforts such as the School Resource Officer, Community Resource Officers and the Senior Volunteer Patrol. Given the apparently related CFS decrease, coupled with growing fiscal constraints to significantly expanding the police force, the GMOC believes that this emphasis to proactive, crime preventative policing may prove to be a significant component in maintaining police thresholds over the longer term. C FIRElEMS - THE GMOC FINDS THAT THE CITY IS NOT IN FULL COMPLIANCE WITH THE FIRElEMS THRESHOLD STANDARD. THIS NON-COMPLlANCE HAS AGAIN BEEN ATTRIBUTED TO CHANGES IN THE MANNER OF DATA COLLECTION. AND NOT A REDUCTION OF FIRE SERVICE LEVELS FOR FISCAL YEAR 1994- 95. WE ARE STILL CONCERNED. HOWEVER, SINCE THIS IS THE THIRD CONSECUTIVE YEAR IN WHICH THE CURRENT SYSTEM OF MEASUREMENT DOES NOT AFFORD A DIRECT EVALUATION CONSISTENT WITH THE STRUCTURE OF THE PRESENT FIRElEMS THRESHOLD. The threshold standard requires that 85% of all emergency fire and medical calls be responded to within 7 minutes. Response statistics presented for Fiscal Year 1994-95 indicate that only 82% of all emergency calls were responded to within 7 minutes (3% less than the standard). 85% of the calls were responded to within 7 minutes, 16 seconds (16 seconds over standard). As outlined in greater detail in last y_ear's report (1994), this apparent non-compliance continues to result from 9 ll;~~ - .,--...-- ..- --_._--".."._--_.._--,_.__._~- ----.---..---,--.-.. COUNCIL AGENDA STATEMENT Item fl- Meeting Date 03/25/97 ITEM TiTlE: Resolution /%~/? Approving Amended and Restated AGREEMENT between City of Chula Vista and Southwestern Community College District for Consulting Services to Border Environmental Commerce Alliance (BECA) Incubator Tenants SUBMITTED BY: Comm""" "."'opm,,, 6Jï) c5· REVIEWED BY: City Manager ~ ~ -£ (4/5ths Vote: Yes _ No..x.) BACKGROUND: On February 15, 1995, the U.S. Department of Commerce, Economic Development Administration (EDA) awarded the City a $2,000,000 grant, matched by a $100,000 Defense Adjustment Matching grant from the California Trade & Commerce Agency to implement the Border Environmental Commerce Alliance (BECA). Two key components of this program were the Border Environmental Technology Resource Center (BETRC) and the Border Environmental Business Cluster (BEBC). The City executed an Agreement with Southwestern College on July 1,1995, to develop and implement the BETRC program and authorized a total three year budget of $1,057,221. After a year of operation, BECA recently conducted a strategic planning process. The strategic planning process showed that BECA can have greater regional economic impact and potential for future funding by focusing on three areas: (1) technology transfer and commercialization, with a new emphasis on energy and water related technologies; (2) export of environmental products and services to the Pacific Rim and Mexico; and, (3) new business formation. In order to accomplish these strategic goals, BECA staff is recommending that the Southwestern College Contract be amended to focus Southwestern College's services to support start-up businesses in the BECA Incubator. The technology transfer and export services will be contracted to an additional organization currently contemplated to be UCSD. Southwestern College supports this realignment of responsibilities, and on March 12, 1997, the College Board approved the Amended Agreement. Staff is currently negotiating a possible new agreement with UCSD and will return to Council with specific recommendations in the immediate future. RECOMMENDATION: That Council adopt the resolution approving an Amended and Restated Agreement between the City and Southwestern Community College District for Consulting Services to the Border Environmental Commerce Alliance in the total amount of $165,000 funded by the City's EDA grant. BOARDS/COMMISSIONS RECOMMENDATION: The BECA Advisory Board, which acts in an advisory capacity to BECA staff, has discussed the proposed revised BECA services, the amendments to the Southwestern College contract, and the proposed UCSD contract. The Board has agreed in concept, with the recommendation that the new Technology Transfer Program maintain an emphasis on cross-border application. / ?--'I \-C ..--..-- Page 2, Item _ Meeting Date 03/25/97 DISCUSSION: New BECA Strateaic Plan - Incubator and Technoloav Transfer The previous contract with Southwestern College reflected a contract for services to both incubator tenants and "walk-in" clients of the Technology Resource Center (BETRC). The first year's experience has shown that due to regulatory and other market changes, the demand for general BETRC support services by established environmental businesses is less than was projected 2-3 years ago when BECA was formed and can likely be handled by existing organizations such as Southwestern College's Small Business Development Center. On the other hand, the incubator component is experiencing significant demand and success, and is expanding. Therefore, the proposed new contract allows Southwestern College to focus on tenant support and eliminates the BETRC as it currently exists, including four Southwestern College employees which provide BETRC staff support. The four Southwestern College BETRC staff which are proposed to be eliminated include the BETRC Manager (currently filled by a Temporary Employee). the Environmental Management Specialist, the Cross Border Marketing Specialist, and a clerical position (currently vacant). As noted, BECA's first year experience has shown that the job descriptions for these grant-funded Southwestern College positions no longer reflect the best use of BECA resources. Originally designed to offer free broad based business development services to small to large existing environmental companies, BETRC staff have been unable to generate service demand, I.e. direct client counseling, for more than a limited percentage of their combined time. Despite a comprehensive direct mail effort, the demand for environmental management services has been minimal and appears to be being met by other entities. In terms of cross border marketing, past effort has been to a large degree a shotgun approach. BECA's strategic planning has resulted in this proposal to replace BETRC with a more focused, specialized Technology Transfer Center, to eliminate the BETRC component from the Southwestern College contract, and to transfer these new responsibilities to a new BECA subcontractor, I.e. a research oriented entity such as UCSD. While technology transfer has always been one of BECA's objectives, it is proposed to assume a much stronger and more visible role via the Technology Transfer Center. BECA staff have identified the need for focused efforts to identify marketable environmental technology accessible from research institutions and to link such technology to start-up businesses, including incubator tenants, which can further develop it and take it to market. In keeping with BECA's cross-border emphasis, the proposed new Technology Transfer Program will include a specialization in locating technologies that can be commercialized and exported to Mexico and the Pacific Rim. Staff is currently pursuing a contractual relationship with UCSD to act as a second BECA subcontractor, responsible for implementing the Technology Transfer Program. UCSD would bring needed resources and expertise in terms of UCSD's technology research emphasis, international collaboration programs, and technical support staff. Technology transfer will be aided by UCSD's connections with systemwide University of California laboratories and the National Laboratories. Environmental export will be aided by UCSD's Mexico and Pacific Rim programs and University technical staff working at a high political and organizational levels, The Economic Development Administration (EDA) has been informed of the revised Southwestern role and the proposed new UCSD relationship, and has approved the realignment. ) 7~d-.- Page 3, Item _ Meeting Date 03/25/97 Southwestern Colleoe Amended Scope of Services As noted, the proposed Agreement requires Southwestern to provide consulting services to the BECA incubator tenants only. BETRC services and staff are eliminated. In terms of contract personnel, this translates to the termination of 4 of the 6 BETRC staff and the retention of 2 Southwestern College employees (Environmental Business Development Specialist and Senior Project Clerk) to support tenants (see #7 below). Exhibit A shows the new Scope of Work. Key services to be provided by Southwestern under the new agreement are summarized below: 1. Provide a one-on-one business consulting to BECA Incubator tenants, as needed and directed by the BECA Incubator Manager. Consulting areas will include: environmental technology; environmental business development; business plan review and development; capital formation; financial management; international trade; market analysis and development (including international trade, with an emphasis on the Mexican market); strategic planning; environmental management; environmental regulatory compliance; and any other forms of assistance that will help ensure the success of the incubator tenants, 2. Maintain and coordinate Consultant Pool for use by BECA tenants. Develop Consultant Pool operational guidelines and prioritize access. 3. Perform quarterly tenant financial reviews and provide fiscal management assistance to tenants. 4. Participate in the new tenant application review process. 5. Develop and implement a process for evaluating consulting services to tenants. 6. Document services provided to the BECA tenants. 7. Maintain staffing of the Southwestern at a minimum of : (a) One full-time Environmental Business Development Specialist (b) One full-time Senior Project Clerk These positions are already included in the existing Southwestern contract, and will be continued in the new contract. 8. Submit quarterly Client Activity Tracking System (CATS), personnel, and financial reports to the City. Southwestern Budaet The proposed contract reduces the Southwestern College contract budget from $325,000 to $165,000 for the remaining EDA Grant period from April 30, 1997 through April 30, 1998. The new budget contains funding for two Southwestern College positions, operational costs (travel, supplies, etc.), up to $6,852 annually in administrative fees (the same percentage of total contract cost as the existing agreement). Pursuant to the existing agreement, Southwestern College is 17-3 --.._. Page 4. Item _ Meeting Date 03/25/97 required to submit all invoices to the City on a quarterly basis. The City will reimburse Southwestern for eligible expenses from the General Fund. The City, in turn, will submit claims and be reimbursed by EDA. In the event that the City determines that there has been unsatisfactory performance, the City may withhold any additional reimbursements to Southwestern. Contract Termination The City has the right to terminate the Agreement if it is determined that Southwestern is in noncompliance with Agreement requirements, fails to fulfill its obligations in a timely and proper manner, or for convenience (see Agreement, page 8, Sections 4.2 and 4.4). Schedulellmclementation Pursuant to this Agreement, the contract period begins April 30, 1997 and ends April 30, 1998. Deletion of the four Southwestern positions will become effective April 30, 1997. Concurrent efforts to begin the proposed UCSD contract are being accomplished by staff so that the savings from the new Southwestern contract can be quickly channeled to UCSD during the limited time frame of the EDA grant. The proposed new UCSD contract will be presented to Council as soon as possible. The EDA grant runs through April 1998. FISCAL IMPACT: The proposed Agreement is in the amount of $165,000, funded by the already approved U.S. Dept. of Commerce, Economic Development Administration (EDA) grant. Expenditures by Southwestern during the final 12 months of the contract will be reduced from approximately $325,000 to the $165,000 amount. The $150,000 savings will be reprogrammed to BECA for other purposes, i.e. an additional contract for UCSD services pending Council approval of a new agreement. The recommended action results in no costs to the City. (BP) H:\HOME\COMMDEVlSTAFF.REP\03-25-97\SWC.AGM (March 18, 1997 (3:28pm)] /7-{ --,-~...- RESOLUTION NO. / íš? / ~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDED AND RESTATED AGREEMENT BETWEEN CITY OF CHULA VISTA AND SOUTHWESTERN COMMUNITY COLLEGE DISTRICT FOR CONSULTING SERVICES TO BORDER ENVIRONMENTAL COMMERCE ALLIANCE (BECA) INCUBATOR TENANTS WHEREAS, on February 15, 1995, the u.S. Department of Commerce, Economic Development Administration (EDA) awarded the city a $2,000,000 grant, matched by a $100,000 Defense Adjustment Matching grant from the California Trade & Commerce Agency to implement the Border Environmental Commerce Alliance (BECA); and WHEREAS, two key components of this program were the Border Environmental Technology Resource Center (BETRC) and the Border Environmental Business Cluster (BEBC); and WHEREAS, the City executed an Agreement with Southwestern College on July 1, 1995, to develop and implement the BETRC program and authorized a total three year budget of $1,057,221; and WHEREAS, after a year of operation, BECA recently conducted a strategic planning process which showed that BECA can have greater regional economic impact and potential for future funding by focusing on three areas: (1) technology transfer and commercialization, with a new emphasis on energy and water related technologies; (2) export of environmental products and services to the Pacific Rim and Mexico; and, (3) new business formation; and WHEREAS, in order to accomplish these strategic goals, BECA staff is recommending that the Southwestern College Contract be amended to focus this consultant's services to support start-up businesses in the BECA Incubator; and WHEREAS, Southwestern College supports this realignment of responsibilities, and on March 12, 1997, the College Board approved the Amended Agreement. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Amended and Restated Agreement between the City of Chula Vista and Southwestern Community College District for Consulting Services to Border Environmental Commerce Alliance (BECA) Incubator Tenants, a copy of which is on file in the office of the City Clerk as Document No._ . BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized and directed to execute said Agreement for and on behalf of the city of Chula Vista. Presented by Approved as to form by Chris Salomone, Community Attorney Development Director C:\re\beca,aw --.--- - ._"~,,~--~_._-----_.._-_.._--- ,""_.... , AMENDED AND RESTATED AGREEMENTBEnNEEN CITY OF CHULA VISTA AND SOUTHWESTERN COMMUNITY COLLEGE DISTRICT FOR CONSULTING SERVICES TO BORDER ENVIRONMENTAL COMMERCE ALLIANCE (BECA) INCUBATOR TENANTS This AGREEMENT is entered into effective as of April 30, 1997, by and between the CITY OF CHULA VISTA, a chartered municipal corporation ("City") and SOUTHWESTERN COMMUNITY COLLEGE DISTRICT, a Community College "Southwestem" with reference to the following facts: Recitals A. WHEREAS, effective February 15,1995, the U. S. Department of Commerce, Economic Development Administration ("EDA") awarded the City a $2,000,000 grant for the Border Environmental Commerce Alliance C'BECA'Î Project/Award No. 07-49-04062 (the "EDA Granf'); B. WHEREAS, effective as of July 1, 1995, City and Southwestern entered into that certain Agreement Between City of Chula Vista and Southwestem Community College District for Operation of the Chula Vista Border Environmental Technology Resource Center (the "BETRC Agreement") pursuant to which Southwestern was to administer the EDA funded BETRC program; C. WHEREAS, the BETRC program has been discontinued, however, the City still desires that Southwestem perfonn certain consulting services for BECA as set forth in this Agreement; D. WHEREAS, the EDA Grant identifies Southwestern as a "sole source" subrecipient of the EDA Grant and requires that City and Southwestem enter into this MOU to delineate the responsibilities of the parties with respect to such consulting services; E. WHEREAS, a total of $165,000 is budgeted in EDA Grant funds, to cover the costs associated with this AGREEMENT; F. WHEREAS, effective May 9, 1995, City subleased from ROHR, INC. ("Rohr") and THE SAN DIEGO UNIFIED PORT DISTRICT pursuant to that certain Sublease Agreement (the "Rohr Sublease") certain improved real property in the City of Chula Vista within the Rohr corporate campus commonly referred to as "Building 52" for purposes of housing the BECA program (the "Program Site:); G. WHEREAS, Southwestern warrants and represents that it is sufficiently experienced and staffed to deliver the program services required hereunder in a timely and high quality manner; H. WHEREAS, Southwestern understands that it must comply with all provisions and guidelines, provided and referenced, necessary to comply with the EDA Grant, and other funding source requirements; I. WHEREAS, the parties desire to supersede the BETRC Agreement in its entirety with this Agreement; NOW, THEREFORE, in consideration of the above Recitals, the mutual obligations set forth herein, and other valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge, the City and Southwestern do hereby mutually agree as follows: )7-? (MD)dwp51\documenf\431.95 (rev. March 5, 1997)] Page 1 _nO. .------ ---....-.... 1. Southwestern's Duties. 1.1. General Duties. Except as otherwise provided herein, Southwestern shall be responsible for any and all actions necessary and appropriate to provide the following services to BECA: (a) Promote business plan review and plan development assistance to BECA incubator tenants. (b) Perform quarterly tenant financial reviews and provide fiscal management assistance to tenants. (c) Provide business development help to tenants. Included in this are marketing, market analysis, strategic planning, permitting, and other forms of assistance that will help ensure the success of incubator tenants. (d) Maintain and coordinate use of the consultant pool for use by the tenants. (e) Participate in the new tenant application review process. (f) Develop and implement a process for evaluating consulting services to tenants. (g) Document services provided to the BECA tenants. Such actions shall include, without limitation, furnishing all of the technical, administrative, professional and other labor, and all supplies required. Such actions shall be taken in strict accordance with the terms and conditions of the EDA Grant, any other City-approved funding sources, present or future, and this AGREEMENT. 1.2. ComDliance With Fundina Reauirements. To the extent applicable to its Scope of Work under this Agreement, Southwestern agrees to be subject to and shall be responsible for compliance with all applicable Federal, State and local laws and regulations and all terms and conditions of the EDA and CTCA Grants including, without limitation, the following: (a) the U.S. Department of Commerce Special Award Conditions of Financial Assistance Award for Title IX Adjustment Implementation Projects under Section 903 of the Public Works and Economic Development Act of 1965, as Amended ("EDA Grant", Exhibit B, including Special Award Conditions attached to the EDA Grant as Attachment C). Exhibit B shall only apply to the extent it relates to the Scope of Work contained in this Agreement; AND references to BETRC shall be of no further force and effect. (b) the U.S. Department of Commerce Financial Assistance Standard Terms and Conditions, including, without limitation, any and all provisions contained therein regarding non- discrimination, maintenance of a drug-free workplace, lobbying restrictions, and specific provisions regarding subcontractors and subcontracts (Exhibit C); (c) Office of Management and Budget (OMB) Circular A-87, Cost Principles for State and Local Governments (Exhibit D); (d) 15 Code of Federal Regulations (CFR) Part 24, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (Exhibit E); J7~7 f Page 2 {(MD)C:\wp51 \document\431.95 (rev. March 5, 1997)] ....-......-----,.... - .---. (e) 15 CFR Part 29a, Audit Requirements for State and Local Governments (Exhibit F); (1) EDA Nonconstruction Terms and Conditions (Exhibit G); (g) Executive Order 12549, "Debarment and Suspension" and implementing regulations published at 15 CFR Part 26, Subparts A through E, "Govemmentwide Debarment and Suspension (Non procurement)" (Exhibit H); (h) Section 319 of Public Law 101-121, which added Section 1352, regarding lobbying restrictions, to Chapter 13 of Title 31 ofthe United States Code as implemented at 15 CFR Part 28, "New Restrictions on Lobbying" (Exhibit I); (I) Local regulations and land use controls; and; (k) Any and all other laws, rules, regulations, terms and conditions referred to in the above- described documents, set forth elsewhere in this AGREEMENT, or otherwise applicable hereto. Southwestern acknowledges and agrees that in the event that the EDA or the City finds and determines that Southwestern has failed to comply with the above-described requirements, reimbursements for costs incurred by Southwestern pursuant to this AGREEMENT may be disallowed; amounts disallowed for reimbursement would then become the sole cost and responsibility of Southwestern and Southwestern would be subject to the additional remedies set forth in Section 10 hereof. Southwestern waives any and all claims against the City and the EDA in the event of such a disallowance. 1.4. Excenditures: Financial Recortina and Audit Reauirements (a) Excenditures. Southwestern shall make expenditures in strict accordance with the EDA Grant, and the approved EDA Southwestern Budget a copy of which is attached hereto as Exhibit J. Southwestern is responsible for planning expenditures and services to ensure that reimbursement requests for services provided do not exceed the maximum amounts provided in the approved EDA budget. Notwithstanding the foregoing, a maximum often percent (10%) ofthe approved EDA Southwestern budget ($16,500) may be reprogrammed without prior written EDA or City approval. Any reprogramming of funds from one line item to another which changes the Scope of Work shall require prior written approval of the City. Reprogramming of the line item budget that result in a cumulative reprogramming of more than 10% of the total Southwestern budget shall require prior written approval of both the City and EDA. For purposes of this AGREEMENT, the Southwestern budget line items are identified in Exhibit J of this AGREEMENT. All accounting systems and procurement practices shall be consistent with federal guidelines as stated in OMB Circulars A-110 and A-122 (Exhibits K and L). A travel expense policy, a specific budget for out-of-town travel, describing anticipated travel and conference expenditures, shall be submitted to the City and approved by the City and EDA, priorto such expenditures. If no such travel policy is approved by the City, Southwestern must follow the prevailing Federal Travel Regulations, as provided by EDA. (b) Other Fundina Sources. If Southwestern receives additional funding for the purposes of funding its duties under this AGREEMENT from a source or sources other than the EDA /7-r [(MD)c:\wp51\document\431.95 (re.... Mard15, 1997)1 Page 3 - "--.-..- ._--_.~..._- Grant, the use of which requires that Southwestern make an accounting to or be subject to an audit by such other source, Southwestern shall charge expenditures to the appropriate funding source at the time incurred. It is expressly understood by Southwestern that any cost incurred in connection with this AGREEMENT which is properly chargeable to and actually claimed for compensation under a funding source other than the EDA Grant shall not be allowed as a chargeable EDA cost under this AGREEMENT. Southwestern further acknowledges that if sources of funding other than the previously referenced EDA Grant are secured in connection with implementation of this AGREEMENT, Southwestern will comply with all terms, conditions, and requirements of such funding. (d) Federal Particioation Disclosure. For any acquisition of goods or services (including construction services) for the BECA project, in accordance with Section 623 of Public Law 102-141, Southwestem agrees to: (1) Specify in any announcement of the awarding of the contract for the procurement of the goods and services involved (including construction services) the amount of Federal funds that will be used to finance the acquisition; and (2) express the amount announced as a percentage of the total cost of the planned acquisition. (e) Audits: Reoorts. Under the Single Audit Act of 1984. (PL 98-502) pertaining to recipients of Federal funds, Southwestern must conduct an annual audit in accordance with Federal Office of Management and Budget (OMB) Circulars A-133 or A-128, and with Department of Commerce regulations issued pursuant thereto at 15 CFR Part 29a and Part 29b, as applicable. Southwestern shall provide the City with three copies of the Southwestern College organization-wide annual audit report within 30 days of it's completion. Southwestern is responsible for, preparing and submitting additional reports to the City in accordance with EDA standards, the terms of the EDA Grant, and the terms of this AGREEMENT. These reports include those delineated in the Scope of Work, Exhibit A of this AGREEMENT, All such reports are due to the City 15 days prior to the EDA or other funding source due date to allow the City sufficient time to review and forward them to EDA. 1.5. Insurance Southwestern represents that it and its agents, staff and subconsultants employed by it in connection with the services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: (a) StaMory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount of $1 ,000,000, where applicable (applies to Consultants with more than one employee). (b) Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount of $1 ,000,000, combined single limit applied separately to each project away from premises owned or rented by Southwestern, which names City as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City and Southwestern in the same manner as members of the general public ("Cross-liability Coverage"). 1.6. Proof of Insurance Coveraae. (a) Certificates of Insurance. /7-7 [(MD}c;\wp51\document\431.95 (rev. March 5,1997)1 Page 4 .._---," Southwestern shall demonstrate proof of coverage herein required, prior to the commencement of services by either Southwestern or its subconsultants, by delivery of Certificates of Insurance demonstrating same to the City, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (b) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Southwestern's Commercial General Liability Insurance Policy, Southwestern shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the City's Risk Manager. 1.7. Provisions Pertainina To Acauisition. Maintenance. and Ownershio of Furniture & Eauioment. Southwestern is responsible for negligent damage to furniture and equipment purchased with EDA or other funds. Southwestern is obligated to keep furniture or equipment in good condition, subject to reasonable wear and tear, and to make àll necessary repairs and adjustments, without qualification, while the furniture or equipment is in the care, custody and control of Southwestern. Lost, stolen, or damaged property must be reported to the City within 5 working days of discavery of such loss or damage. The report shall contain a description of the events leading to the loss or theft, plans to prevent a reoccurrence and in the case of theft, a copy of the police report. The City shall retain ownership interest in any furniture and equipment purchased in whole or part with EDA or other funds. In the event of termination or expiration of this agreement, such furniture and equipment shall be delivered to the City, unless: (a) the agreement is renewed and the City agrees to the continued use of the furniture and/or equipment by Southwestern; (b) Southwestern requests and receives approval to reimburse the City for the EDA, State, or other funds used to purchase the furniture and equipment; or (c) the City releases ownership interest in the furniture and equipment in accordance with City policy. If Southwestern reimburses the City for the funds used to purchase the furniture and equipment, the amount will be the fair market value as determined by City policies and guidelines. /7-/0 1(MD)c:\wp51\document\431.95 (rev. March 5, 1997)] Page 5 - - -..---...-....- -----~._... ..._-" .,----- 2. Duties of the City 2.1. Contract Administration: Consultation and Coo Deration with the City (a) The City Manager or his designee shall have compliance oversight of Southwestem's activities as required by this AGREEMENT. As of the date of this AGREEMENT, the City Manager's designee is Cheryl L. Dye, Economic Development Manager. However, the Manager may withdraw or change the designation by providing effective notice to Southwestem, without in any respect affecting the terms of this AGREEMENT. The designated EDA Grant representative shall have equal monitoring responsibilities of Southwestem's activities as determined by the EDA monitoring policies and regulations. The City is responsible for reviewing and approving all reports required under EDA standards, the terms of the EDA Grant, and the terms of this AGREEMENT. (b) City shall regularly consult Southwestem for the purpose of reviewing Southwestem's performance of its obligations hereunder and to provide direction and guidance to achieve the objectives of this AGREEMENT. The City shall permit access to its office facilities, files and records by Southwestem throughout the term of the AGREEMENT. 2.2. Reimbursement (a) City's Role. City shall act as a conduit for the reimbursement to Southwestem of any and all reimbursement payments due, payable and allowed by the EDA, Califomia Trade and Commerce Agency, andlor other funding source, as appropriate, and by the City, pursuant to the terms of the EDA Grant and this AGREEMENT. (b) Maximum Reimbursement. The maximum reimbursement amount available to Southwestem under the EDA Grant is one hundred and sixty five thousand dollars ($165,000.00). (c) Method of Reimbursement. Southwestem shall be reimbursed by the City for reimbursable expenditures under the Approved Budget following (1) the determination of satisfactory performance of the duties under this AGREEMENT related to those expenditures by the EDA and the City, and (2) City's receipt and approval of an invoice which satisfactorily details such expenditures. All billings submitted by Southwestem shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper. In no event shall Southwestem request reimbursement from the City for obligations entered into or for costs incurred prior to July 1, 1995. Prior to the first disbursement, Southwestern shall provide the following documentation to City as applicable: (1) Articles of Incorporation; (2) By-laws; (3) List of Board of Directors and Addresses; (4) Certificate of Good Standing from Secretary of State; (5) Federal Combined Certification; and (6) U. S. Department of Commerce Form CD-346 "Application for Funding Assistance". Thereafter, Southwestem shall submit a reimbursement invoice in triplicate each quarter, but no more frequently. The invoice shall include the federal "Request for Advance or Reimbursement" Form 270. The City shall reimburse Southwestem in a timely manner following the receipt of a properly documented invoice. All eligible reimbursable expenditures pursuant to the performance of this AGREEMENT shall conclude as of April 30, 1998 or such earlier date that the EDA Grant expires, or that the City terminates the AGREEMENT. The invoice containing the final costs to be reimbursed by the City from EDA funding shall be identified as the "Final EDA Invoice". The final EDA invoice shall be delivered to the City not more than (30) calendar /7-// (MD)c:\wp51\document\431.95 (rev. March 5, 1997)J Page 6 - -.. .-- ~--.-..---.~.-..-~-..-_._.-. days after the expiration or termination of this agreement (Le. 30 days after April 30, 1998 or after prior termination by the City). Twenty five percent (25%) ofthe maximum reimbursable amount will be withheld to be disbursed in the following manner: (1) fifteen percent (15%) ofthe amount shall be disbursed upon receipt and approval of the draft Final Report and any other outstanding reports by the City and EDA (the draft Final (Close-Out) Report is due March 31, 1998); (2) ten percent (10%) ofthe amount shall be disbursed upon the receipt and approval by the City and EDA of the Final (Close-Out) Report, and the Final Financial Statement. Southwestern College shall be entitled to receive a contract administration fee for overseeing and performing the services required by this AGREEMENT in a manner acceptable to the City and per the Scope of Work as described in Exhibit A, in a total annual amount not to exceed $6,852 per year for the life of the agreement. Such compensation . shall be reimbursed on an hourly basis at a rate of $50 per hour, and shall not exceed $1,250.00 per month. This fee shall compensate Southwestem College for ongoing administration of this AGREEMENT, including, but not limited to, short- and long-range program and budgetary planning, policy and procedures development, day-to-day fiscal and program/service delivery management, and fiscal and performance monitoring and reporting. 2.3. Access to Proaram Site. City shall provide Southwestern non-exclusive access to a portion of the Program Site (to be designated by the City in its sole discretion) at which Southwestem will provide BECA consulting services. Other than the non-exclusive access provided herein, Southwestem shall have no property or possessory interest in the Program Site. In its use of the Program Site, Southwestern agrees to comply with the terms and condition of the Rohr Inc. Sublease. Access shall be provided throughout the term of this AGREEMENT. Upon the expiration or earlier termination of this AGREEMENT, Southwestern shall promptly remove any and all non-EDA funded personal property from the Program Site. 3. Administration of Contract. Each party designates the individuals ("Contract Administrators") indicated, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this AGREEMENT. City: Cheryl L. Dye Economic Development Manager 276 Fourth Avenue Chula Vista, CA 91910 Southwestern: Mary Wylie, Dean of Economic Development and Customized Training Southwestern College Building 1600 900 Otay Lakes Road Chula Vista, CA 91910 /7- /d-- (MQ}c:\wp51\document\431.95 (rev. March 5, 1997)] Page 7 - --_..__._.._._~" -------_._--_.__._~._-- -~.._- 4. T enn: Riaht to T enninate.. 4.1. Term. The term of this AGREEMENT shall commence on April 30, 1997 and shall expire on April 30, 1998 unless (a) otherwise extended by the mutual agreement of the parties hereto; or (b) earlier terminated as provided herein or otherwise provided by law. 4.2. Tennination of AGREEMENT for Cause bv Citv. If, through any cause, Southwestem shall fail to fulfill in a timely and proper manner Southwestern's obligations under this AGREEMENT, or if Southwestern shall violate any ofthe covenants, agreements or stipulations of this AGREEMENT, City shall have the right to tenninate this AGREEMENT by giving written notice to Southwestern of such termination and specifying the effective date thereof at least five (5) days before the effective date of such tennination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Southwestem shall, at the option of the City, become the property of the City, and Southwestem shall be entitled to receive just and equitable compensation for services provided to tenants and any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Tennination, not to exceed the amounts payable hereunder, and less any damages caused City by Southwestern's breach. 4.3. Tennination of AGREEMENT for Cause bv Southwestern. If, through any cause, the City fails to fulfill in a timely and proper manner the City's obligations under this AGREEMENT, or if the City shall violate any of the covenants, agreements or stipulations of this AGREEMENT, Southwestern shall have the right to terminate this AGREEMENT by giving written notice to the City of such termination and specifying the effective date thereof. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Southwestern shall, atthe option ofthe City, become the propertyofthe City, and Southwestern shall be entitled to receive just and equitable compensation for services provided to tenants and any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Tennination, not to exceed the amounts payable hereunder, and less any damages caused City by Southwestern's breach. 4.4. Tennination of AGREEMENT for Convenience City may tenninate this AGREEMENT at any time and for any reason, by giving specific written notice to Southwestern of such tennination and specifying the effective date thereof, at least thirty (3D) days before the effective date of such tennination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the AGREEMENT is terminated by City as provided in this paragraph, Southwestern shall be entitled to receive just and equitable compensation for services provided to tenants and satisfactory work completed on such documents or other materials to the effective date of such termination. Southwestern hereby expressly waives any and all claims for damages or compensation arising under this AGREEMENT except as set forth herein. )?/0 [(MD)c:\wp51"A:1ocument\431.95 (rev. Mard15, 1997)J Page 8 ..-..----..-----..- .-.-- 5. Financial Interests of Southwestern. 5.1. Decline to Particicate. Southwestern shall not make, or participate in making or in any way attempt to use Southwestern's position to influence a governmental decision in which Southwestern knows or has reason to know Southwestern has a financial interest other than the compensation promised by this AGREEMENT. 5.2. Search to Determine Economic Interests. Southwestern warrants and represents that Southwestern has diligently conducted a search and inventory of Southwestern's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Southwestern does not, to the best of Southwestern's knowledge, have an economic interest which would conflict with Southwestern's duties under this AGREEMENT. 5.3. Promise Not to Acouire Conflictina Interests. Southwestern further warrants and represents that Southwestern will not acquire, obtain, or assume an economic interest during the term of this AGREEMENT which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. 5.4. Dutv to Advise of Conflictina Interests. Southwestern further warrants and represents that Southwestern will immediately advise the City Attorney of City if Southwestern learns of an economic interest of Southwestern's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. 5.5. SDecific Warranties Aaainst Economic Interests. Southwestern warrants and represents that neither Southwestern, nor Southwestern's immediate family members, nor Southwestern's employees or agents ("Southwestern Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of this AGREEMENT SelVices, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of this AGREEMENT, ("Prohibited Interest"), other than as disclosed to City in writing. Southwestern further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Southwestern or Southwestern Associates in connection with Southwestern's performance of this AGREEMENT. Southwestern promises to advise City of any such promise that may be made during the Term of this AGREEMENT, orfor 12 months thereafter. Southwestern agrees that Southwestern Associates shall not acquire any such Prohibited Interest within the Term ofthis AGREEMENT, or for 12 months after the expiration ofthis AGREEMENT, except with the written permission of City. Southwestern may not conduct or solicit any business for any party to this AGREEMENT, or for any third party which may be in conflict with Southwestern's responsibilities under this AGREEMENT, except with the written permission of City. 17-/7 {(MD}c:\wp51\document\431.95 (rev. March 5.1997)] Page 9 ... --.-----.. ...__ .'_.'_'H__.... .._ .,__, ._.____._._...._____ ____....._ .~_., ....._"'n._ .._..__.. __.__.____. '" .____, .,,_',' 6. Southwestern to Indemnifv City. Southwestern shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expem;e (including without limitation attomeys' fees) arising out of the conduct of Southwestem, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this AGREEMENT including, without limitation, any and all conduct at or around the Program Site. Southwestern's indemnification shall include any and all costs, expenses, attomeys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Southwestem at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees, Southwestem's indemnification of the City shall not be limited by any prior or subsequent declaration by Southwestern. 7. Citv to Indemnifv Southwestern Colleae. City shall defend, indemnify, protect and hold harmless Southwestem, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attomeys' fees) arising out of the conduct of the City, or any agent or employee, subcon- tractors, or others in connection with the execution of the work covered by this AGREEMENT including, without limitation, any and all conduct at or around the Program Site. City's indemnification shall include any and all costs, expenses, attomeys' fees and liability incurred by Southwestern, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, City at its own expense shall, upon written request by Southwestem, defend any such suit or action brought against Southwestern, its officers, agents, or employees. City's indemnification of Southwestern shall not be limited by any prior or subsequent declaration by the City. 8. Assianabilitv. The services of Southwestern are personal to the City, and Southwestern shall not assign, subcontract or delegate any interest or obligation in this AGREEMENT, without prior written consent of City and the EOA which may be granted or withheld in City's and EOA's sole discretion. Any attempt to assign, subcontract or delegate without such approval shall be null and void. 9. Ownershio. Publication. Reoroduction and Use of Material. All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this AGREEMENT shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this AGREEMENT shall be subject to private use, copyrights or patent rights by Southwestern in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this AGREEMENT. 10. Indeoendent Contractor. City is interested only in the results obtained and Southwestern shall perform as an independent contractor with sole control of the manner and means of performing the services required under this AGREEMENT. City maintains the right only to reject or accept Southwestern's work products. Southwestem and any of the Southwestem's agents, employees or representatives are, for all purposes under this AGREEMENT, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. /7--- /.5 [(MO)c:\wpS1\documoot\431.95 (rev. March 5,1997)] Page 10 "-~._- ..__..~_._--.~._-- --- ._~-~._---- Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Southwestem shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 11. Defaults and Remedies. (a) In General. In the event Southwestem defaults in its obligations hereunder, City shall be entitled to pursue any and all remedies provided at law or in equity. Specifically, and without limiting the generality of the foregoing, Southwestern acknowledges and agrees that the City may, at its option, withhold disbursement of any award funds if such party learns, or has knowledge, that Southwestern has failed to comply in any manner with any provision of the EDA Grant or this AGREEMENT. Such funds may be withheld all or in part until the default has been corrected to the City's satisfaction. Southwestern further agrees to reimburse the City (or the EDA, as appropriate) for any ineligible costs which were paid from award funds, or if Southwestern fails to reimburse the City, the City shall have the right to offset the amount of such ineligible costs from any undisbursed funds held by the City. (b) Meet and Confer. Upon request by City, Southwestern shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this AGREEMENT. (c) Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. 12. Restrictions on Lobbvina. Southwestern shall submit prevailing EDA required disclosures and certifications regarding restrictions on lobbying, currently Form CD-512. Southwestern is subject to Section 319 of Public Law 101- 121. Southwestern is generally prohibited from using Federal funds for lobbying the Executive and Legislative Branches of the Federal Government in connection with the EDA Grant. Southwestern shall file a "Certification Regarding Lobbying" and if applicable a "Disclosure of Lobbying Activities" with fifteen (15) days following the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form, previously filed by Southwestern. 13. Purchase Orders And Subcontractina Provisions. Southwestern is encouraged to take advantage of vendor discounts whenever possible and to utilize the services of small, minority or women-owned businesses and disabled veteran-owned businesses when subcontracting for goods and services. Southwestern is entitled to make use of its own staff and such subcontractors as are mutually acceptable to Southwestern and the City. All agreements between Southwestern and the subcontractor are subject to approval of the City. /7-/? {(MD)c:\wp51\document\431.95 (rev. Mard15, 1997)1 Page 11 ._---"'-".__."---,.._---_._.~_.__._---_.- Southwestern shall utilize and satisfy the purchasing requirements contained with the Code of Federal Regulations (CFR) Part 24, subpart C, section 24.36 Procurement, hereto attached as Exhibit E. 14. Minoritv. Women and Disabled Veteran-Owned Business Entercrise Particioation Goals. As required in all State contracts, by the Public Contract Code Section 100115, participation goals of 15% of the contract amount subcontracted to Minority Business Enterprises (MBEs) 5% to Women Business Enterprises (WBEs) 3% to Disabled Veteran Business Enterprises (DVBEs) for services, equipment or supplies (see Exhibit M). Southwestern shall either: (a) meet the Minority and Women Business Enterprises (MIWBE) participation goals, and Disabled Veteran Business Enterprises (DVBE) participation goals, and submit certification of MIWBEs and DVBEs to the City, or (b) demonstrate good faith efforts, to the satisfaction of the City and State. 15. Miscellaneous. 15.1 Southwestem Not Authorized to Reoresent Citv. Unless specifically authorized in writing by City, Southwestern shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. 15.2. Southwestem as Real Estate Broker and/or Salesman. Southwestem represents that neither Southwestem, nor their principals are licensed real estate brokers or salespersons. 15.3. Notices. All notices, demands or requests provided for or permitted to be given pursuant to this AGREEMENT must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. 15.4. Entire AGREEMENT: BETRC Aareement Suoerseded This AGREEMENT, together with any other written document referred to or contemplated herein, embody the entire AGREEMENT and understanding between the parties relating to the subject matter hereof. This Agreement supersedes in its entirety the BETRC Agreement which is of no further force or effect. Neither this AGREEMENT nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. 15.5. Caoacitv of Parties. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this AGREEMENT, and that all resolutions or other actions have been taken so as to enable it to enter into this AGREEMENT. ) 7-) ? [(MD)c:\wp51\document\431.95 (rev. March 5, 1997)] Page 12 .........---.-.-.-.-. ..-........-.-...- 15.6. Governina LawNenue. This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this AGREEMENT shall be brought only in the federal or state courts located in San Diego County, State of California, ånd if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this AGREEMENT, and performance hereunder, shall be the City of Chula Vista. 15.7 No Third Partv Beneficiaries. There shall be no third party beneficiaries to the terms of this AGREEMENT. 15.8 Subordination to Economic Development Administration The AGREEMENT shall be and remain subject to terms, covenants, and guidelines of the Economic Development Administration. In the event of any conflict or inconsistency, the provisions, terms and conditions required by the Economic Development Administration shall prevail. [end of page. next page is signature page.] /7-/ [š" {(MD}c:\wp51\documenM31.95 (rev. March 5, 1997)] Page 13 .---...-.----..---- .. ...---------...-.-... · Signature Page to Amended and Restated Agreement bety.teen City of Chula Vista and Southwestern Community College District for Consulting Services to Border Environmental Commerce Alliance (BECA) Incubator Tenants IN WITNESS WHEREOF, City and Southwestern have executed this AGREEMENT thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: ,1997 City of Chula Vista by: Shirley Horton, Mayor Attest: Beverly Authelet, City Cieri< Approved as to form: John Kaheny, City Attorney Dated: ,1997 em Community College District ¿~ v..F - -J;;ß7 / ?-- / t f(MD)C:\wp51\dOOJmenM31.95 (rev. Mard15, 1997)] Page 14 ----"_.~-~-,_._--~~_.~------ .-----.,...-.---------..-...- · EXHIBITS: J Exhibit A - Scope of Work Attachment 1 to Exhibit A - Instructions for Preparing Southwestern Quarterly and Annual Progress and Financial Reports Attachment 2 to Exhibit A - Southwestern Counseling Record Exhibit B - EDA Grant (Contract), with Time Extension Amendment Exhibit C - U.S. Department of Commerce Fin'ancial Assistance Standard Terms and Conditions Exhibit D - Office of Management and Budget (OMB) Circular A-87, Cost Principles for State and Local Governments Exhibit E - 15 Code of Federal Regulations (CFR) Part 24, Uniform Administrative Requirements a for Grants and Cooperative Agreements to State and Local Governments Exhibit F - 15 CFR Part 29a, Audit Requirements for State and Local Governments ~ Exhibit G - EDA Nonconstruction Tenns and Conditions Exhibit H - Executive Order 12549, "Debannent and Suspension" and implementing regulations U published at 15 CFR Part 26, Subparts A through E, "Govemmentwide Debannent and ¡;n Suspension (Non procurement)" ~ Exhibit I - Section 319 of Public Law 101-121, which added Section 1352, regarding lobbying ~ restrictions, to Chapter 13 otTilie 31 of the United States Code as implemented at 15 CFR Part 28, "New Restrictions on Lobbying" Exhibit J - Southwestern College Amended Budget Exhibit K - OMB Circular A-11 0 Exhibit L - OMB Circular A-122 Exhibit M - Minority, Women and Disabled Veteran-Owned Business Enterprise Participation Requirement ) 7/c2tJ (MO}c:\wp51\document\431.95 (rev. Mard15.1997) Page 15 ---.. -- . ,..----------- _._~- EXHIBIT A SCOPE OF WORK Services to be Performed The overall Scope of Work for Southwestern shall be the following: 1. Provide a one-on-one business consulting to BECA Incubator tenants, as needed and directed by the BECA Incubator Manager. Consulting areas will include: environmental technology; environmental business development; business plan' review, and development; capital formation; financial management; intemational trade; market analysis and development (including intemational trade, with an emphasis on the Mexican market); strategic planning; environmental management; environmental regulatory compliance; and any other forms of assistance that will help ensure the success of the incubator tenants. 2. Maintain and coordinate Consultant Pool for use by BECA tenants. Develop Consultant Pool operational guidelines and prioritize access. 3. Perform quarterly tenant financial reviews and provide fiscal management assistance to tenants. 4. Participate in the new tenant application review process. 5. Develop and implement a process for evaluating consulting services to tenants. 6. Document services provided to the BECA tenants. 7. Maintain staffing of the Southwestem at a minimum of : (a) One full-time Environmental Business Development Specialist (b) One full-time Senior Project Clerk All recruitment and selection procedures must be in compliance with EDA requirements. All professional employee selections must receive advance approvals by the Community Development Director, Economic Development Manager and EDA. 8. All duties performed by the consultant are subject to the day-to-day direction of the BECA Incubator Manager and the overall supervision of the City; provided, however, the City's directions to the consultant shall in no way undermine the independent contractor relationship between the parties as set forth in Section 10 of this AGREEMENT. Prooram ReDortino Reauirements 1. Southwestern is responsible for submitting reports to the City in accordance with EDA standards, the terms of the EDA Grant, and the terms of this Agreement. All reports should be prepared using the U.S. Department of Commerce, Economic Development Administration "Guidelines For Preparing Final Reports" attached and referenced as Attachment D of the Special Award Conditions of Financial Assistance Award for Title IX Adjustment Implementation Projects (see "Guidelines", Exhibit B). In accordance with the requirements of the Economic Development Administration, Southwestern shall prepare the following reports: /7~oL/ [(MD)c:\wp51\documertt\432.9S (rev. March 5, 1997)) ......_..~.- .-, ....-. .....---..-..... --"'-'-'-~--'-"-'-----'~--- -._--- EXHIBIT A - Page 2 SCOPE OF WORK OUE OUE TO REQUIRED REPORTS DESCRIPTION TO CITY EDA 1.. QUARTERLY ANO ANNUAL Progress Report: Submit quarterly Client Activity PROGRESS AND FINANCIAL Tracking System(CATS) report. REPORTS Personnel Report: Describe any significant activities in terms of consultant vacancies, recruitment, and hiring. Financial Report: A line item justification for all expenditures made during the quarter. See Exhibit J, Southwestern budget and Exhibit E, 15 CFR Section 24.40. YEAR TWO Quarter 4 (4/1/97 to 6/30/97) 7/15/97 7/31/97 Annual Proposed Year 3 Budget 5/15/97 N/A YEAR THREE Quarter 1 (7/1197 to 9/30/97) 10/15/97 10/31/97 Quarter 2 (10/1/97 to 12/31/97) 1/15/98 1/31/98 Quarter 3 (1/1/98 to 3115/98) 3/15/98 3/31198 Annual 3. ANNUAL ORGANIZA TION-W10E See Section 1.4(e) of this AGREEMENT. Within 30 days of AUDIT REPORT its completion. 4. ORAFT FINAL (CLOSE-OUT) ~iscussion of the accomplishments and 3/31/98 N/A REPORT shortfalls which occurred during the life of the grant. A line item transaction history, and discussion of accounts for which a transfer in or out of that account took place. See Exhibit B (Attachment 0) and Exhibit E, 15 CFR Section 24. 5. FINAL (CLOSE-OUT) REPORT Same as above. 4/15/98 4/15/98 NOTE: The dates listed above supersede those listed in the U.S. Department of Commerce Economic Development Administration Special Award Conditions of Financial Assistance Award for Title IX Adjustment Implementation Projects under Section 903 of the Public Works and Economic Oevelopment Act of 1965, as amended (see Exhibit B). 2. Southwestern agrees to maintain records documenting services performed and cooperative agreements for periodic monitoring and auditing, including those listed below. Southwestern agrees to input all counseling information in CATS in a timely manner, insuring inclusion of the cumulative data in the pertinent quarterly report to the City. REQUIRED FORMS/REPORTS (a) Service Reouest Loa A log shall be maintained which includes the name of the person, name of the business, type of business, address, phone number and type of service requested for all inquiries, referrals, and requests for consulting and technical assistance. ) 7---:22- [(MD)c:\wp51\document\432.95 (rev. Mard15, 1997)] -~.--._.----- __ - - _._n.________._.__"_..____.___..___.....___.._ EXHIBIT A - Page 3 SCOPE OF WORK (b) Southwestern Counselina Record (Attachment 1) This form shall be completed by the Southwestern counselor providing the consulting service. It documents information regarding the business, the type of services provided, number of hours, and recommendations. (c) AGREEMENTS for Coooerative Services AGREEMENTS, cooperative agreements and participation agreements for each cooperative service provider. (d) Reauired Reoorts All reports that may be requested by the City, EDA, or other funding source, including those listed above. (e) Standards of Conduct Aareements Southwestern will maintain a file that contains a standards of conduct code or agreement signed by each employee and volunteer per EDA requirements. The written code or standards must contain a conflicts of interest policy covering all Southwestem employees and volunteers. ATTACHMENTS: 1 - Instructions for Preparing Southwestem Quarterly and Annual Progress and Financial Reports 2- Southwestem Counseling Record /?~;¿J [(MD)c:\wp51\document\432.95 (rev. March 5, 1997)] ···____··__····.·______h_._____.___+__.... Attachment 1 to EXHIBIT A BECA COUNSELING RECORD A. DATE OF CONTACT B. TYPE OF ACTION ONE TIME INITIAL ADMIN. CLOSURE FOLLOW-ON CHNG. CLT.INFO. FOLLOW-ON REL. CHNG. CNS. INFO. C. NAME OF COMPANY D. NAME OF INQUIRER (Last, First, Middle In~ial) E. ADDRESS OF COMPANYIINQUIRER F. TELEPHONE NUMBER CITYITOWN (H) STATE (B) ZIP (FAX) BUSINESS INFORMATION BUSINESS OWNERSHIP G. TYPE OF BUSINESS J. SEX RETAIL MANUFACTURING SERVICE CONSTRUCTION MAlE FEMALE MALE/FEMALE WHOLESALE OTHER H. SIC CODE K. ETHNIC BACKGROUND BLACK ASIAN PUERTO RICAN ESKIMO/ALEUTIAN AMERICAN INDIAN UNDETERMINED MINORITY HISPANIC OTHER - INCLUDING WHITE I. SBA CLIENT L. MILITARY STATUS BORROWER COC APPLICANT 8(a) & BORROWER VETERAN 8(a) CLIENT 8(a) & SURETY BOND VIETNAM-ERA VET SURETY BOND NONE NON-VETERAN M. AREA OF COUNSELING PROVIDED (To be Filled Out By Counselor) Bus. Start-Up/Acquisition Accounting & Records Personnel Source of Capital Finan. Analysis/Cost Control Computer Systems Marketing/Sales Inventory Control Internat' Trade Government Procurement Engineering R&D Business Liq.lSale N. CONTACT HOURS 10. PREPARATION HOURS I P. TRAVEL HOURS I Q. COUNSELOR NUMBER R. NAME OF COUNSELORlDATE S. RESOURCE EMPLOYEE- A. CONSL T. SCORE/ACE SBI FACUL TV C.CONTRACT PROFITR GR. STUD. OTHER T. PROBLEMS/COMMENTSIRECOMMENDATIONS (Attach additional sheet ~ needed) /7r'c2,1 [{MD)c:\wp51\document\451.95 (rev. March 5, 1997)] .-_.. .----.,.-.------- -...-.-...-...--....-..--..-.. ..,-"---~~----_._-,---.- Council Agenda Statement J1b Item Meeting Date 3/25/97 ITEM TITLE: Resolution J2"'tb ) Z.pprOving Submittal of a Petroleum Violation Escrow Account (PVEA) funding request in the amount of $995,000 to the California State LegiSlatur~~! SUBMITTED BY: lægi,¡,tive Commit'" b-ð ~ J (4/5th Vote: Yes_ No_KJ Attached for your approval is a funding request for $995,000 from the Petroleum Violation Escrow Account (PVEA), a state-administered fund, to support the implementation of a new BECA proposal. This proposal is a three-component demonstration/education project to further the efforts of the Border Environmental Commerce Alliance goal of fostering innovative environmental technologies along the U.S. - Mexico border. RECOMMENDATION: That the Council approve the submittal of this funding request. BOARD/COMMISSION RECOMMENDATIONS: not applicable DISCUSSION Energy Saving Technology DemonstrationlEducation Project This project combines three linked components: · A permanent technology showcase located at the Border Environmental Commerce Alliance (BECA) facility; ($200,000) · The demonstration of a zero-emission vehicle using a zinc-air fuel cell ($700,000) · A visiting scholar program, with senior-level Ph.D. or postdoctoral-level Ph.D. researchers ($95,000) Legislative Committee Recommendation: SUPPORT The Border Environmental Commerce Alliance is a public/private partnership whose mission is to foster the development and commercialization of innovative environmental technologies on the U.S. - Mexico Border. Created by the City of Chula Vista, BECA includes a business incubator fostering innovative environmental technologies and a university-based technology transfer program. Energy savings are a key goal of those environmental technologies being developed at the BECA facility. Zero emission vehicles powered by batteries or fuel cells use no petroleum products. Water recycling systems reduce energy demand considerably; in a landmark study conducted in 1979, UCLA determined that 25% of the Los Angeles energy demand went toward pumping water. J9~-/ .....--..-....- ~._...- - -. .. . .. -_._._--~------_.__.,- ------.....---------.-..-- -~-- BECA Proposal for PVEA funding, page 2 Meetinge Date 3/25/97 A showcase of what is possible, coupled with the proposed demonstration project can greatly reduce barriers to innovative technologies. The City proposes to exhibit at least 10 technologies in the BECA facility, and will provide marketing support to place these technologies in the border region. The goal over a three-year period is to place the technologies into 20 new applications. El Colegio de la Frontera Norte (COLEF), a research and education institution with eight locations on the Mexican border, will house a sister showcase at their facilities in Tijuana, a city with plans to import natural gas from the United States. Together, the cross-border facilities will work to foster the application of new technologies in additional border locations. Fuel cells are predicted by many to have the best chance of replacing petroleum in the transportation sector. A fuel cell-powered vehicle will be demonstrated in a test drive from San Diego to Sacramento, as well as within the San Diego region. The vehicle is being built by Metallic Power, a leader in metal/air fuel cell technology located in Chula Vista. The visiting scholar program will assist BECA in developing the technology showcase and in providing research assistance to diversify and apply energy saving technologies. Scholars will be selected from the University of California system in conjunction with national laboratories such as Lawrence Berkeley National Laboratory. This is a sizeable proposal compared to those made by the city in years past. PVEA funding availability, however, is somewhat larger than it has been in the last two years (approximately $14-18 million state-wide). While there is no guarantee of receiving all funds requested, the decision not to allocation PVEA funds last year, coupled with a potential State rebate to the PVEA fund of several million dollars borrowed for other State projects, there may be a capacity for additional grants this year. The Legislative Committee is, therefore, recommending that this project be added to the City's request for PVEA funds via our local legislators. Other projects for which PVEA funds are being sought include the telecenter project ($300,000) and two CO, reduction measures ($250,000), as previously endorsed by the Council. FISCAL IMPACT: The funding request for this project is $995,000. No appropriation would be required unles and until the funds are awarded. There are no specific matching requirements tied to this application. c:\...\al13\beca.$ j9¿)-~ ""_...".,..._...,."----~..__._-"----_..---_._--..-"~- RESOLUTION NO. J!5& I? RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUBMITTAL OF A PETROLEUM VIOLATION ESCROW ACCOUNT (PVEA) FUNDING REQUEST IN THE AMOUNT OF $995,000 TO THE CALIFORNIA STATE LEGISLATURE WHEREAS, staff is requesting Council approval of a funding request for $995,000 from the Petroleum Violation Escrow Account (PVEA) , a state-administered fund to support the implementation of a new BECA proposal; and WHEREAS, the proposal is a three-component demonstrationl education project to further the efforts of the Border Environmental Commerce Alliance goal of fostering innovative environmental technologies along the U. S. - Mexico border: 0 A permanent technology showcase located at the Border Environmental Commerce Alliance (BECA) facility ($200,000). 0 The demonstration of a zero-emission vehicle using a zinc-air fuel cell ($700,000). 0 A visiting scholar program, with senior-level Ph.D. or postdoctoral-level Ph.D. researchers ($95,000). NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve submittal of a Petroleum Violation Escrow Account (PVEA) funding request in the amount of $995,000 to the California State Legislature. Presented by Approved as to form by John D. Goss, City Manager orney C:\rs\pvea ;9/;/3 ~, -- -. -~_...--_._,._..~_..- --.-.,-..-.--.---- --_.._._.--._._.+.._~~._._-_._- .-"'.---..--...-