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Home My WebLink AboutAgenda Packet 1995/03/07 "I declare ",,1er pcmslty of perjury that I am emp~oyc:1 by t::2 Ci"ty of ChuJa Vista in the n:-f¡cs of t::G City C::r~~. 2~ld t::at I posted tjÐ /\r;cn:bfi,jw~¡',~e Cí1 the L;ul!afn B0ard at Tuesday. March 7. 1995 t:,o ¡'U;)!:cs,;rj.cc3 ßuldin: ~nd"at C90n , 4:00 p,m. DATED. :5/~ 9Ç' SIGr~ED t;/1. ,~", Council Chambers , / " Pubhc ServIces Buildmg / RellUlar Meetin2 of the Citv of Chula Vista Citv Council CALL TO ORDER 1. ROLL CALL: Councilmembers Fox _. Moot _. Padilla _. Rindone _. and Mayor Horton - 2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MINUTES: February 28. 1995 4, SPECIAL ORDERS OF THE DAY: None submitted, >Ie**** Effective April 1. 1994, there have been new amendments to the Brown Act. The City CouncU must now reconvene into open session to report any final actions taken in closed session and to adjourn the meeting. Because of the cost involved. there will be no videotaping of the reconvened portion of the meeting. However, final actions reported will be recorded in the minutes which will be available in the City Clerk's Office. >Ie**** CONSENT CALENDAR (Items 5 through 9) 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. (Complete the green form to speak in favor of the staff recommendation; complete the pink form to speak in opposition to the staff recommendation.) 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 as a result of deliberations that occurred in Closed Session on 2/28/95, Council authorized the retention of an attorney for Lyman Christopher to defend the complaint brought by Gina Chammas. Except for the foregoing, there was no other observed reportable action taken by Council in Closed Session. It is recommended that the letter be received and filed, 6. ORDINANCE 2627 AMENDING SECTION 10.52.070 OF THE MUNICIPAL CODE RELATING TO POLICE REMOVAL OF VEHICLES (second readint! and adoDtion) - The Police Department has been experiencing problems with chronic refusal by certain businesses to obey the prohibitioo against parking cars on the sidewalk. In order to enforce the law by removing the vehicle, it is necessary for Council to explicitly authorize same by Ordinance. Staff recommends Council place the ordinance on second reading and adoption. (Chief of Police) Agenda -2- March 7, 1995 7. ORDINANCE 2628 ENACTING THE CITY ASSESSMENT DISTRICT PROCEDURAL ORDINANCE (second readint! and adoDtion) - On 4/12/94, Council adopted the proposed Resolution of Intention, adopted the boundary map, and requested consent and jurisdiction from the County to order the acquisition and fioancing of the public improvements for Assessment District Number 94- L On 5/5/94, Couocil approved the Acquisition/Financing Agreement for the district. On 6/7/94, the County of San Diego gave the City consent and jurisdiction to construct improvements and levy assessments on properties located within County jurisdiction. Staff recommends Council place the ordiilance on second reading and adoptioo. (Director of Public Works) 8. RESOLUTION 17826 ACCEPTING BIDS AND AWARDING CONTRACT TO TCB ELECTRIC INC. FOR THE TRAFFIC SIGNAL SAFETY PROJECT TO UPGRADE THREE TRAFFIC SIGNAL LOCATIONS AND APPROPRIATING FUNDS THEREFOR - On 2/15/95, sealed bids were received from six electrical contractors for the modification of traffic signals at three intersections as part of the Fiscal Year 1994/95 Traffic Signal Safety Upgrade Project. Staff recommends approval of the resolution. (Director of Public Works) 4/5th's vote required. 9. RESOLUTION 17827 APPROVING AN AMENDMENT TO THE CHULA VISTA PORTION OF THE 1994-2001 REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM (RTIP) AND AUTHORIZING ITS SUBMITTAL TO SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) - On 2/22/94, Council approved a resolution adopting the 1994-2001 seven-year RTlP. On 7/22/94, the SANDAG Board of Directors adopted the RTlP including the TRANSNET program of projects. The first amendment primarily concerns changes to the cost estimates and schedules or projects in the biennial element of the RTlP (FY 1995 and 96). The SANDAG Board of Directors is scheduled to accept the amendments for distribution on Apri128, A noticed public hearing will be held on May 26, and final SANDAG Board adoption is targeted for 6/23/95. The deadline for local agency project submittals to amend the RTlP is 3/10/95. Staff recommends approval of the resolution. (Director of Public Works) * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The following items have been ndvertised and/or posted as pubUc hearings as rezuired by law. If you wish to 3eak to any item, please fill out the "Request to Speak Form" available in the obby and submit it to the City lerk prior to the meeting. (Complete tht green form to speak in favor of the staff recommendation; complete the pink form to speak in opposition to the staff recommendation.) Comments are Umited to five minutes per individual. 10. PUBLIC HEARING CONSIDERATION OF RATE INCREASE FOR COLLECTION AND DISPOSAL OF REFUSE - On 10/1/94, the County of San Diego and the Solid Waste Authority approved an increase in landfill tip fees from $55/ton to $74/ton for all cities refusing to join the Authority. The differential fee was subsequently eliminated 00 2/1/95 when a tip fee of $55 for all system users went into effect. Although Laidlaw paid the higher disposal costs for the four months, the increase has not yet beeo pass on to ratepayers. Laidlaw has requested a rate increase in the landfill comoonent to be spread over the next four months in order to recover the additional disposal costs paid out from 10/1/94 through 1/31/95. Staff recommends approval of the resolution. (Deputy Ci~ Manager Krempl and Principal Management Assistant Snyder) Continued rom the meeting of 2/28/95. RESOLUTION 17824 APPROVING RATE SCHEDULES FOR COLLECTION AND DISPOSAL OF REFUSE EFFECTIVE 3/1/95 -----.------.---.-------..-.------------ ." .._.,_..~---- ,----------.- - --. -_.._--_._-~,----_._~--- Agenda -3- March 7, 1995 ORAL COMMUNICATIONS This is an opportunity for the general public to address the City Council on any subject matter within the Councü'sjurisdiction that is not an item on this agenda for public discussion. (State law, however, generally prohibits the City Councilfrom taking action on any issues not included on the posted agenda.) lfyou wish to address the CouncU on such a subject, please complete the yellow "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. Your lime is limited to three minutes per speaker. BOARD AND COMMISSION RECOMMENDATIONS This is the lime the City Council will consider items which have been forwarded to them for cOllsideralion 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 substanliol 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. Public comments are limited to five minutes. 11. RESOLUTION 17820 APPROVING AN AGREEMENT WITH THE AIR POLLUTION CONTROL DISTRICT FOR THE PURCHASE OF A RETROFITTED ELECTRIC SHUTTLE; APPROPRIATING $20,000 IN GRANT FUNDING TO THE ENERGY CONSERVATION FUND AND APPROVING BUDGET FOR SAME; WAIVING THE COMPETITIVE BIDDING REQUIREMENT AND AUTHORIZING THE EXPENDITURE OF $20,000 FOR THE ELEKTRUK - In 1993, Council accepted $20,000 in grant funding from the Air Pollution Control District (APCD). The funds were desigo.ted to purchase an electric shuttle to service the Telecenter Project. Approval of the contract with APCD would authorize staff to purchase the electric vehicle. Staff recommends approval of the resolution. (Administration) 4/5th's vote required. Continued from the meeting of 2/28/95. 12. REPORT DIRECTING STAFF TO PREPARE A RENEWED SEMI-EXCLUSIVE NEGOTIATING AGREEMENT WITH JOELENENTERPRISE FOR THE DEVELOPMENT OF A GOLF RESORT HOTEL ON CITY-OWNED PROPERTY AT BONITA ROAD - In 1990, the City issued a Request for Proposal for acquisition and development of a 3.1 acre City-owned parcel in the 4400 block of Bonita Road next to the municipal golf course. Four proposals were received. On 4/23/91, Council selected Joelen Enterprises' proposal to develop a 200 room golf course resort hotel 00 the City-owned three plus acres as well as on the adjacent four acres leased by the City to American Golf Corporation for operation of the existing restaurant facility. Staff recommends Council accept the report and direct staff to prepare a renewed semi-exclusive negotiating agreement with Joelen Enterprise, (Director of Community Development) --------..- -_._~--_.__.,---- -,-----" ---- ---------_.._-_.~.._-..._._-~---_._------,--~- Agenda -4- March 7, 1995 13. REPORT POLICE INITIATED TOWING SERVICES -- RATE SCHEDULE AND SELECTION OF SERVICE PROVIDERS - The City currently contracts with five companies to provide Police-initiated vehicle towing and storage services. The firms have requested that Council review and amend the existing tow rate structure. Staff has evaluated the request and is not recommending a tow rate increase at this time. Additionally, based upon prior Council direction, Police Department staff has designed a competitive process to select providers of Police-initiated towing and impound services after 6/30/95. The report discusses both the operator's proposal to increase tow rates and the components and time- line for the competitive process recommended by staff. Staff recommends Council defer any increase in towing and storage rates until the conclusion of the proposed competitive process. (Chief of Police) 14. REPORT UPDATE ON REGIONAL SEWER ISSUES - An oral report will be given by staff. 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. Public comments are limited to five minutes per individual. OTHER BUSINESS 15. CITY MANAGER'S REPORT IS) a. Scheduling of meetings. 16. MAYOR'S REPORT(S) a. Discussion of proposal by the Department of Corrections for a female offenders' residential treatment facility for coovicted felons. b. MTDB proposal for Mission Valley trolley extension. c. Appointment to Economic Development Commission - Leonard Moore. 17. COUNCIL COMMENTS Agenda -5- March 7, 1995 CLOSED SESSION Unless the City Attorney, the City Manager or the City CouncU 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 CouncU 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 lime 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 ß11g1 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. 18. CONFERENCE WITH LEGAL COUNSEL REGARDING: 1. Existing litigation pursuant to Government Code Section 54956.9 · City of Chula Vista vs. the County of San Diego regarding approval of a major use permit for Daley Rock Quarry. · Christopher vs. the City of Chula Vista. · Chammas vs. the City of Chula Vista. 2. Anticipated litigation pursuant to Government Code Section 54956.9 · Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: 1. · Metro Sewer Adjustment Billing (water reclamation and expansion costs). CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6 · Agency negotiator: John Goss or designee for CVEA, WCE, Executive Management, Mid-Management, and Unrepresented. Employee organization: Chula Vista Employees Association (CVEA) and Western Council of Engineers (WCE). Unrepresented employee: Executive Management, Mid-Management, and Unrepresented. 19. REPORT OF ACTIONS TAKEN IN CLOSED SESSION ADJOURNMENT The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting and a Joint Meeting of the City Council/Planning Commission on March 14, 1995 at 6:00 p.m. in the City Council Chambers. A Joiot Meeting of the City Council/Redevelopment Agency will be held immediately following the City Council meeting. _____u.___·.".__ _._~_____~.. -----_....--.~.._-_._-----_._..- . u_..._ ----,- -~._._. ---.-....-.-.- March 3, 1995 REVISED TO: The Honorable Mayor and city Council FROM: John D. Goss, city Manager~ SUBJECT: City council Meeting of March 7, 1995 This will transmit the agenda and related materials for the regular city council meeting of Tuesday, March 7, 1995. Comments regarding the written communications are as follows: 5a. This is a letter from the city Attorney stating that, as a result of deliberations that occurred in Closed Session on 2/28/95, the council authorized the retention of an attorney for Lyman Christopher to defend the complaint brought by Gina Chammas. IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED. JDG:mab ~~I?- =~_: -..;~~.-...;: ~~~~ CllY OF CHULA VISTA OFFICE OF THE CITY ATTORNEY Date: March 1, 1995 To: The Honorable Mayor and city coun0i~ From: Bruce M. Boogaard, City Attorney)íb~ Re: Report Regarding Actions Taken in Closed Session for the Meeting of 2/28/95 The purpose of this letter is to announce that as a result of deliberations that occurred in Closed Session on February 28, 1995, the Council authorized the retention of an attorney for Lyman Christopher to defend the complaint brought by Gina Chammas. Except for the foregoing, there was no other observed reportable action taken by the city Council in Closed Session. BMB:lgk C:\lt\closses8.rep ~-/ 276 FOURTH AVE/CHULA VISTA, CALIFORNIA 91910/(619) 691-5037 _.,,,__. ___...._··n COUNCIL AGENDA STATEMENT Item ~ Meeting Date :~8M'j /i7 ç- ITEM TITLE: Ordinance ,J.¿,.2 7 amending Section 10,52,070 of the ChuIa Vista Municipal Code relating to Police removal of vehicles parked on sidewalks r>O,?:,\O~ ~-.J SUBMITTED BY: Chief of POliceY ~~O ~ xJ>.O\~G City Manager ~ ~ ~ O~O ~ REVIEWED BY: <;,'i.C (4/5ths Vote: Yes_NoXJ k,J The Police Department has been experiencing a problem recently with the chronic refusal of certain businesses to obey the prohibition against parking cars on sidewalks, in violation of Chula Vista Municipal Code section 10.52,070 (A)(2), In order to enforce the law by removing the vehicle, it is necessary for the Council to explicitly authorize same by resolution or ordinance, Upon approval of the proposed ordinance, the Police Department would have the authority to tow/remove vehicles parked on the sidewalk in violation of the Municipal Code, The Chamber of Commerce, Broadway Business Association, Engineering Department, Police . Department and Safety Commission have reviewed the item and are in favor of staff's recommendation, RECOMMENDATION: That the City Council concur with the Police Department's recommendation and place the attached ordinance on the first reading, BOARDS/COMMISSIONS RECOMMENDATION: At the July 14,1994 meeting the Safety Commission voted 6-0 to concur with the Police Department's recommendation to the City Council to place the attached ordinance on the first reading. DISCUSSION: The Police Department and Traffic Engineering staff has been working with businesses in the 200 block of Broadway for the past few years in an attempt to discourage illegal parking on the sidewalk to ensure safe parking in the area, Staff in an attempt to be sensitive to the needs of businesses has worked with all businesses in the area, Public awareness of the violations has not accomplished the desired results, The proposed ordinance, which would allow for towing illegally parked vehicles, has been reviewed by the Chula Vista Safety Commission, Police Department and Traffic Engineering An illustration of the necessity for the ordinance is as follows: Although this type of illegal parking does occur in a few residential areas, it is more critical in commercial areas, This ordinance would be of particular benefit to the public frequenting Broadway, north of "F" Street, (200 block of Broadway) where violations by some businesses of such an ordinance have been observed on a f~quent basis, These businesses permit customers to drive and park ¿../ \ P~ge 2 , Item-'- Meeting Date ~ / , ' ~/*> on the sIdewalks and driveways within the parkway fronting the businesses, which forces pedestrians to walk in the street around the parked cars, One officer who has been trying, without success, to persuade the business owners to prevent parking on sidewalks in front of their businesses, states that there are 20 violators per shift, on the 2:00 P,M, to midnight shift alone, Since the businesses are only open for about 5 hours during that shift, the problem may be even more severe than this anecdotal evidence suggests, It should be noted that legal parking is available in the 500 block of Davidson Street which would permit customers to legally park without hazard to pedestrians, Staff has also investigated the 200 block of Broadway and has added several on-street parking spaces along the west curbline, In order to discourage parking or driving on sidewalks anywhere in the City, the Police Department would like towing authority, Chula Vista Municipal Code Section 10,52070 prohibits, among other offenses, parking on a sidewalk but does not provide for towing, Section 10,52,070 similarly prohibits parking within crosswalks and intersections, along railroad tracks, etc. Towing authority must be explicitly provided for by the CounciL More specifically, California Vehicle Code Section 22651(n) provides that a peace officer may remove a vehicle when "" ,any vehicle is parked or left standing where local authorities, by .. resolution or ordinance, have prohibited parking and have authorized the removal of vehicles, No vehicle may be removed unless signs are posted giving notice of the removaL" Staff has attached a prototype sign for your review, It should be emphasized that it is the policy of the Police Department to continue to attempt to, gain voluntary compliance and to only tow as a last resort It is hoped that the posting of the sign will in itself result in the compliance that the Police Department has been unable to achieve with mere ticketing, In addition, the proposed ordinance requires the police officer to warn prior to towing (but not to ticketing) if reasonable and practical to do so in the officer's judgment In one notable incident, on Friday, September 16, 1994 at 11:32 a,m" vehicles were parking on the sidewalk when a water delivery truck driver also parked on the sidewalk. When the water delivery truck was backing up to leave, it hit and knocked down a concrete street light standard, The street light standard fell towards the roadway and caused several thousand dollars damage to a Toyota pick up truck legally parked along the east curb line of Broadway. Similar accidents could continue to happen and may involve pedestrians or the motoring public, The cost to replace the damaged street light is $2025,80. As of February 8, 1995 the City has not yet been reimbursed for the cost of replacing the street light We therefore ask Council to enact the attached ordinance which amends section 10,52,070 to provide that vehicles parked in violation of its sections may be removed if a sign is posted giving notice of removal; the amendment further authorizes the City Engineer to post signs giving notice of removal where necessary, Signs shall be at least 15" x 24" in size with black lettering on white reflective background and shall be posted at least one sign per city block. ¿-.2.. - ....~ .~,--------~.._.,_..__._--_.- ----.. Page 3 , Ite~ Meeting Date 2/ \~ ç' ,.. J '7 7 Staff will install the 18" X 24" sign on the existing street light standards, Two signs are required on the east side of Broadway between Davidson Street and F Street Chula Vista Police Department and Traffic Engineering staff attended two Broadway Business Association (BBA) meetings. On October 6, 1994 staff presented the issue, provided for a question and answer session and were asked to return the following week so that members of the BBA could have an opportunity to investigate the request On October 13, 1994 the BBA chairperson, Ms, JoAnne Clayton, informed staff that the BBA supported the recommendation and would be forwarding a letter to that effect to the City (see attachment), All area businesses have been notified of tonight's City Council meeting, Rod Davis, Executive Director of the Chula Vista Chamber of Commerce, supports staffs recommendation and has been notified of tonight's City Council meeting, FISCAL IMPACT: $50,00 per sign (two required), The cost of the signs and pavement markings are estimated at $200,00 including full cost recovery, and are budgeted as part of the Operations Divisions of Public Works, . Attachments: Area Plat CV Municipal Code 10,52,070 California Vehicle Code 22651(n) Letter from Broadway Business Association Proposed New Signs Safety Commission Minutes, dated 7/14/94 M:\sharcd\remveh,dmw ¿...:J J .__~_,_,.._ _,.._._.,_____' ___n______..________·_ ..-.--.----~--.-- - THIS PAGE BLANK . . ¿,-'f . ., - ....---.-- '---"----- - -.....-..---..----.... - --' - ORDINANCE NO. ,;. 6 ~ 7 i?\\Q~ AN ORDINANCE OF THE CITY OF CHULA VISTA 0 ~OO AMENDING SECTION 10.52.070 OF THE CHULA VIST~~ ~~ MUNICIPAL CODE RELATING TO POLICE REMOVAL-Qt" VEHICLES l}~<õ"V-'ç,r S~ç,v The city Council of the city of Chula Vista does ordain as follows: SECTION I: That Section 10.52.070 of the Chula Vista Municipal Code is hereby amended to read as follows: Sec. 10.52.070 NO parkinq areas - Desiqnated. A. No operator of any vehicle shall stop, stand, park or leave standinq such vehicle in any of the followinq places, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or other authorized officer, traffic sign or siqnal: . 1. In any area established by the city Council as a no parkinq area where such area is indicated by official siqns or red paint on the curb; 2. On a sidewalk; 3. within an intersection; 4. Within a crosswalk; 5~ Alonqside or opposite any street excavation or obstruction when such standing, stoppinq or parking would obstruct traffic; 6. On the roadway side of any vehicle stopped or parked at the edqe or curb of the street; 7. Upon any bridqe or other elevated structure upon a highway or within a highway tunnel; 8. Upon, alonq or across any railroad track in such manner as to hinder, delay or obstruct the movament of any car traveling upon such track; t. within any divisional island unless authorized and clearly indicated with appropriate siqns and markinqs; 1 ¿'.'> --....-.-.- --- ------- 10. In front of a public or private driveway or within eight feet of the end of the curb radius · leading thereto; 11. Within twenty feet of a crosswalk at an intersection; 12." within twenty feet of the end of the curb radii at intersection; 13. Within thirty feet of the approach to any flashing signal, stop sign or traffic control signal located at the side of the roadway; · 14. Within any of those places delineated by Section 22500 of the Vehicle Code. B. No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such a distance as is unlawful. C. For the purpose of minimizing traffic bazards and traffic congestion, the City Engineer is authorized to establish no parking or stopping zones. The ; length of these zones is not to exceed two hundred feet. · D. :~: ~~~~Cl~ ::f::: in violation of anv of the =.ea.. e _ ~av be towed or otherwise ~~m~~~d ;t th; ~~;r's eXDense if a aian ia nosted :~~h~; ~~~ii~ of. tf; iemoval. The citv Enaineer is i os .ian. aivina notice of removal where necessary. 1,;- Efnifor:e::;¡ P~~iCV. When in the 1udaement of the ~;a~ c f __ r is reasonable and nractical to ~ .;. :~~ ::n::~ driver. or other resnonsible · ~;~~~ :~;;d b ested to move the car nrior to a ut not arfor ~o beina ~icketed. SECTION II: Thia ordinance shall take effect nd be in full force on the thirtieth day from and after ita adop on. Pr_~t" by . OW" '~i ra ~ · Richard P. Emerson ruce M. Boogaar Cbief of police City Attorney 2 I,-¿. . 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DMW Title: ARE A P L A T Date: TIT I 't¥ Ir¿ ATTACHMENT j 10.52.0s0 No stopping zones and no parlUng areas-Authorized, The city engineer is hereby authorized to maintain, by appropriate signs or by paint upon the curb surface, all no stopping zones, no parking areas, and resDicted parking areas, as defined and described in this chapter. COrd. 973 §1 (pan), ]966; prior code §19.10.3(A)). 1 0.52.D60 No stopping zones and no pariing arus-Dtiver obedience requirÑ. When said curb markings or signs are in place, no operator of any vehicle shall stop, stand or park such vehicle adjacent to any such legible curb marking or sign in violation of any of the "rovisions of this chapter. (Ord. 973 §1 (pan), 1966; prior code §19.10.3(B)). 10.52.070 No parking areas-Designated. A No operator of any vehicle shalJ stop, stand, park or ¡eave standing such vehicle in any of the following places, except when necessary to avoid conlJict with other traffic or in compliance with the directions of a police officer or other authorized officer, traffic sign or signal: , 1. In any area established by the city council as a no parking area where such area is indicated by official signs or red paint on the curb; 2. On a sidewalk; . 3. Within an intersection; 4. Within a crosswalk; 5, Alongside or opposite any street excavation or obstruction when such standing, stopping or parking would obstruct traffic; 6. On the roadway side of any vehicle stopped or parked ot the edge or curb of the street; 7. Upon any bridge or other elevated Structure upon a highway or within a highway runnel; 8, Upon, along or across any railroad track in such manner as to hinder, delay or obstruct the movement of any car traveling upon such track; 9. Within any divisional island unless authorized and dearly indicated with appropriate signs and markings; 10. In front of a public or private driveway or within eight feet of the end of the curb radius' leading thereto; 11. Within twenty feet of a crosswalk at an intenecrion; 12. Within twenty feet of the end of the curb radii at intenection; 13. Within thirty feet of the approach to any flashing signal, stop sign or traffic control signal located at the side of the roadway; 14, Within any of those places delineated by Section 22500 of the Vehicle Code, 669 ¿, - 1" (R 11/91) B. No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such a distance as is unlawful. C. For the purpose of lIÚIlimizing traffic hazards and traffic congestion, the city engineer is authorized to establish no parking or stopping zones. The length of theS'e zones is not to exceed two hundred feet. (Ord. 973 §] (part), 1966; prior code §]9.10.4). ]0.52.080 No ~ areas-Near fin hydrants or fin stations. It is unlawful for any person to park a vehicle within fifteen feet of any fire hydrant or enrrance to a fire station within the city. (Prior code §14.11). ] 0.52.090 Commercial vdUcJes-Parlúng in residential districts prohibited when, No person shall park any vehicle whose primary use is for commercial purposes having a manufacrurer's gross vehicle weight rating of twelve thousand pounds or more for more than five hours in any residential district (which includes parking on private property) except: . A- While loading or unloading property, which requires time in addition to such five hour period to complete such work; or B. When such vehicle is parked in connection with, and in aid of, the petforrnance of a service to or on property in the block in which such vehicle is parked and time in addition to such five hour period is reasonably necessary to complete such service. For the purposes of this section, cmain tenns shall be defined as follows: A- Commercial vehicles shall mean single vehicles whose primary use is for commercial purposes and having more than two axJes or combination of vehicles having more than two axJes; a single vehicle or combination of vehicles (twenty) (20) feet or more in length; or a single vehicle or combination of vehicles six (6) feet, eight (8) inches or more in width, and shall include, but shall not be limited to, dump c-ucJts. moving vans, tractors, pole, or pipe dollies. No camper body which has occn detached from the motor vehicle shall be left standing on a city street at any time. S. Residential district shaH mean any block in which over fifth percent of the ground level buildings fronting on said block are dwellings. . Said dwelling may be single·unit structures or multi,unit SC-Ucrures. (Ord. 2190 §], ]987; Ord. 2]76 §2, ]986; Ord.2024 §] (part), ]983; Ord. 973 §] (part), 1966; prior code §19.]0.5). ]0.52.100 Storage offthicJes on S1nets prohibited-Time limit. No person who owns or has possession, custody or control of any vehicle shall park such vehicle upon any street or alley for more than a consecutive period of seventy·two hours. Vehicles parked in violarion of this section may be removed and impounded as authorized by Section 10,80,120, (Ord. 2033 §1, 1983; Ord. 973 §1 (part), 1966; prior code §19.10.6). - (R 11/91) 670 IP -9 . ---"--- - ~-- --.-- ----"--. ..'.-~.--..- ---...--. -----,--',-_...- ATTACHMENTé ( " Div.ll -S23- §22ô51 (c) A local authority ....y poot appropriate .;¡,a at the en1>'ance to iatenectåcma indicatin¡ the pn>bibition in lUbcti'tÙicma (.) and (b). ' . (d) A mlation ofthå oection ba parking 'l'iolation and b DOt a 'I'io1ation d .1...· ra1atU>¡- to the aafe operation of.ehicles. (e) Th:ia aect>on IhalI be known and....,. be cited u the Ami-Gridlock Act 01'1987. ..6oIoIoda._._U87._..J""""'71,1I88, ' CIW'ID 10. REMovAL OF P ØIŒD AND Aa.uIncJND¡ VElllCIZS Article 1. Authority to JIemøft Vehicles ProhIbition of Removal 22650. It ia unlawful for any peate o!licel' or any unautborised penon to remove any unattended .-eh.ic1e from a hi¡hway to a ~ or to any othu plaoe, aoept .. pro'f'ided in thå code, (a) Thaw law enforœment and other a¡encies identified in thå chapter u having the authority to remcrn ..ehicles ahal1 allO have the authority to , pn>'f'ide'burinp in complianoe.nth the pro'f'iaiona of Section 22852. Durin¡ these hearin¡s the IItDrlng agency ahal1 have the bUlden of ..tabH·¡';"r the authority for, and the ftlidity of, the removal. (b) Nothin¡ in this oection ahal1 be deemed to prnent a !'I!'f'iew or other . action u ....y be permitted by the Ia... of thå Nte by a com 01' competent jwUdiction. _ Cb.10Z2...."" 1m,_~ 1. U80, ClrcurutlJnCN Permitting Removal 22651. ArJy peaoe offioer, as defined in Chapter 4.11 (commeDCin¡.nth Sect>on 830) of Title 3 of Part 2 of the Penal Code; or any re¡ularJy employed and aalaried employee, who b enppd in àirectin¡ traffic or enfon:in¡ parking law. and re¡ulationa, of a city or a county in whiob . vehicle ia located, ....y !'I!mcrn a .-eh.icle located .nthin the territorial timitl in whiob the officer or employee....y ut, under any of the foUowin¡ CÌJ'C\ImÁanOeI: (a) When any -.ehicle ia left unattended upon ...y brid¡e, 'l'iadu.ct, or ....-ay or in anytabe or tanDelwherethefthicle ~... ot.t.uc:t>on to traffic. (b) When ...y -.ehicle ia puked or left ..·..~..r ..pan a hi¡h-y in a pœïtion eo .. to ob_ the nannallllDftment oftramA: or in. condition eo .. to create a hazard to other tr&!lic ..pon the hi¡hw.y. (c) When ...y .-eh.icle is found upon a hi¡hway or ...y public IaDcIa and a ftport baa prnioua1y been made that the .-eh.icle baa been AoIen or a oomplain1 baa been 5.led ADd . ..arrant thereon Juued char¡in¡ that the ,-ehicle baa been _....-led. (d) When ...y -.ehicle ia iUepJJy parked eo .. to block the CIà'aDCa to a private drift_y and it ia impraeticaJ to __ the whicle from ill fnmt of the driveway to uother poin1 an the hi¡hway. , (e) When ...y -.ehicle ia ilIe¡a11y puked eo .. to JIN'CI1 - by &e:li¡btin¡ aqu;pment to a fire hydrant ...d it ia imprad:icah1e to _ the -.ehicle from in front 01' the fire b,ydrant to aDØther poin1 an the hi¡hway. (!) When en,. -.ehicle; a:ceIt ...y hi¡h-y _.;..t_._ err ~on equipment, ia ÁOppec!, parbd, Dr left .....~;..r far more than four høun apon the rieh~f-_y of...,. freeway which baa fuJ) c:an:-ol d _ and DO a-ouinp at ~ and the dmer. it ... -~. C&DDOt _ tþe whicIe aDder i:Ia ØWD power. 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CA 91912 I c C R E T Telephone: (619) 585-0711 - 800 MAŒ-D06 facsimiIe: (619) 477-2242 . 31 January 1995 Officer Frank Rivera and Officer Steve Fobes ~ ChuIa Vista Police Department 276 Fourth Avenue ChuIa Vista, CA 91910 .. Dear Officer Rivera and Fobes, I am writing today on behalf of the Broadway Business Association. FoJlowing Our conversations and your visit to the Association meeting, we would encourage your enforcement of NO P ARKlNG on the sidewalk of the 200 block of Broadway. Association members have observed that the parking on the sidewalk, especiaJly on the east side, of the 200 block of Broadway, appears to create a safety hazard to pedestrians and even the vehicles driving up onto and down from the sidewalk. It is our 1ll1derstanding that parking will continue to be permitted at the curb, Parking can be problematic for aJl businesses; however, public safety cannot be jeopardized. I would appreciate your input to those business owners affected how best to utilize their existing legal parking. Sincerely" {!¿ ;'!-. - '''a '-7. , o'0n~ :r'- - ','- _c --, Joannè' Clayton President Broadway Business Association ¿ -/.2. - ATTACHMENT 1S" - I PARKING ANY TIME , 24" ON . SIDEWALK C.V. MUNI CODE 10.52.070 PHONE: 691-5151 DRA\NN SY: DRAWING TTTlE: DooMooWolfe DRA\NN ON: - PROPOSED NEW SIGNS 1/23/1995 ¡, 'I:J -.----. · ATTACHMENT F Safety Commission Minutes I .Iy 14, 1994 age 4 MSUC (Thomas/Pitts) that the area residents submit a petition to staff expressing a desire to establish time- - limited parking within the affected streets. 8. REPORT on Ordinance - Amending Section 10.52.070 of the Chula Vista Municipal Code Relating , to Police Removal of Vehicles parked on Sidewalks Sgt. d'Ablaing said there was a problem with vehicles parked on sidewalks. Specifically, in the 200 block of Broadway there were two business which catered to automobile repair/parts, The businesses required patrons to leave their vehicles and vehicles were parked in driveways which blocked pedestrian access. The Police Department received many complaints from pedestrians who indicated they either needed to walk out into the street or around the vehicles. Officers had made contacts with the businesses who indicated a desire to cooperate, but said they didn't have total control. Many of the offenders being cited were not aware they had received a citation. It was the Police Department's experience that the business employees remove9 the citation from the windshield and not replaced it prior to the vehicle being picked up by its owner. The citation turned delinquent and was submitted to the Department of Motor Vehicles and the owner was not aware of the citation until they attempted to register the vehicle the following year. Before renewal of vehicle registration, the owner must have cleared all parking violations. When the owners came to the Police Department to investigate the citations, they realized the citations were received while at the businesses. The owners ended up paying inflated parking citation that could have been paid for by the businesses. One business had tried to cooperate by placing temporary "no parking signs." Staff requested the area be posted i 10 parking" on the sidewalk area and they be given the authority to remove any vehicle in violation. If citations were issued, motorists would not move their vehicles since they felt the officer would not give them another ticket. Chair Thomas asked what the businesses were. Sgt. d'Ablaing said they were Pacific Auto and AAMCO which catered to vehicles. The owners indicated the locations were poor choices for the types of businesses. There was limited parking and customers wanted to park as close to the businesses as possible. About 6' of the sidewalk next the buildings was private property where the owners parked. It gave a false sense of security to patrons who then felt they could park on the sidewalk. Chair Thomas if the businesses required the vehicles to be moved during the day or if, the vehicles remained in one place. If the vehicles were to be moved, did the businesses know they were parking cars illegally. Sgt. d'Ablaing said the business employees were aware of the situation. The Police Department contacted the managers, but the employees had informed the Police Department that they were never told about parking the vehicles. The Police Department re-contacted the managers to ask them for on-going training of their employees. He contacted the headquarters for AAMCO and informed them of the situation. The corporate office instructed the local manager to comply with the Police Department and the problems dropped signifi- cantly. However, the Police Department did not have the same option with the other independent business owner. Frank Rivera said staff had looked at adding parking wherever they could, Since Broadway was a two hour time limited parking, the employees did not want to be constantly moving cars and it was easier to park on 'he sidewalk and not worry about the two hour parking limit. East Park Lane, which ran behind the Jusinesses, was a public street and filled with vehicles, ¿ . /'1 UNOFFICIAL MINUTES Safety Commission Minutes July 14, 1994 Page S Commissioner Smith asked who was responsible for parking the car, was it the owner of the business or the - owner of the vehicle. Sgt. d'Ablaing said it was a combination of both, He did not see the Police Department impounding many vehicles. When a motorist viewed their vehicle about to be impounded, they claimed the vehicle and received a citation. Commissioner Smith said an innocent person could park their car legally, then a mechanic could park it illegally and the vehicle would be towed, thus penalizing the owner of the vehicle when he/she had complied with the law. He asked if there was a way the business owner could be cited. Sgt. d'Ablaing indicated there was no ordinance on the books that allowed the business owners to be cited, only the vehicle. Hal Rosenberg said the ordinance would only be enforceable with proper signage, The primary interest was safety of pedestrians, The ordinance would be universal and would be used throughout the City. Currently, the Police Department did not have the authority to impound vehicles, Sgt. d'Ablaing said it was his experience that if a vehicle owner received a citation while the vehicle was at the auto shop, the shop had paid the citation. Commissioner Smith said if the business owners were cited, the problem would stop, MSUC (Thomas/Pitts) that the Safety Commissioner concur with the Police Department's recommendation to the City Council to place the attached ordinance on the first reading. 9, Oral Communications - None STAFF REPORTS 1.0, Ent!ineerin2 ClP Proiect Schedule - Distributed for Commissioner information. 11. Chula Vista Police DeDartment Traffic Summary for ADril 1994 - Distributed for Commissioner Information, OTHER BUSINESS 12. Annual Reoort to Citv Council for FY 93-94 - Distributed for Commissioner information. 13. Annual Attendance Reoort FY 93-94 - Distribution for Commissioner information, ¡, -If UNOFFICIAL MINUTES ______ __ HH_____·_____···__"·_ - THIS PAGE BLANK .; . . ¿'/~ . . " - ..' ---.-.--..-.--.---.---... -~--,_.._- 47.2-1 <670 iJw &f-~~b South Bay Towing o:>~~ / 619 K Street Chula Vista, CA. 91910 (619) 422-0379 John Goss 2/1/95 City Manager 276 Fourth Avenue Chula Vista, CA 91910 Re: Police Towing Contract , Chronology Of Events 07/23/92 - Met with Kevin Hardy; Management Assistant, to discuss the impending expiration of the Towing Contract and provide input and suggestions. We asked Mr. Hardy ifwe should contact the council, as we had done in the past, to direct staff to report on this item. He replied that he would handle everything. 11/14/92 - Our contract with the City ofChula Vista expired. 12/92-10/93 - Numerous telephone contacts with Mr. Hardy, none of which resulted in any action. 11193 - After being unable to initiate a meeting with the Chief of Police, we were referred to Captain Withers, who infonned us that Lt. Art Gawfwould now be handling this item. 1/19/94 - Meeting with Lt. Gawf, we shared suggestions and ideas on how the towing contract can be improved. Since the contract had been expired in excess of 1 year, we again asked ifwe should initiate action ITom the council. His reply was "No" , himself and Mr. Hardy would be handling this item. We felt confident that fmally something was being done. 07/23/94 - We were provided with a memo ITom Lt. Gawf, outlining his ideas and suggestions on the renewal of the towing contract. This included a background of the previous processes, and a recommendation that the contract be extended for 2 years along with a long over due rate increase. He additionally suggested that a Tow Service Review Board be fonned to review complaints and recommend changes of policies that will provide optimum service 10 the Police Department. ~--'/7 07/26/94 - Meeting with Mr, Hardy and a Gawf regarding the implementation of a Negligent Vehicle Impound Fee program. They asked us to absorb additional costs for this program above what we were currently providing. We agreed, but only if a contract extension and rate increase was given within 90 days as per U. Gawfs memo. They agreed pending Council approval. 08/01/94 - Implementation of the new Negligent Impound Payment program. Please note that this took the city and the towing companies onlv 6 dayS to start. We are team players, and have been extremely understanding regarding the extensive delay in meeting our needs. 08/23/94 - Mr. Hardy provided us with Draft Contracts to review and provide input on any necessary changes. Mr. Hardy stated that "We should be before council in 45 days". 09/01/94 -12/31/94 - Several contacts with Mr. Hardy regarding the status of any scheduled council meetings. During this time we contacted City Council Member Rindone and asked for his help in getting this item moving and docketed. After numerous delays and alleged scheduled council meetings, Mr. Hardy stated that we should go before council in January. 01/16/95 - Mr. Hardy called to let us know that the item was being scheduled for the meeting of 0 1/24/95, however, it would be the recommendation of staff to; l.Put the contract out to bid. 2.Start collecting a rranchise payment, to be paid by the towing company. 3.Limit the contract to 3 towing companies. 4.OnIy give a contract extension to the CUITent providers until 07/01/95. This was the first time we had heard of any such items. 01/24/95 - The Towing Contract was again not on the Council Agenda. Since our contract expired over 2 years ago, the only concrete item to be addressed was the need of the City ofChula Vista in having the Towing Companies collect its Negligent Impound Payment with absolutely no compensation to the towing company. Þ ,,-/g/ -"'-'_..,-'.,-"._- _.~ -~---_._--_.- COUNCIL AGENDA STATEMENT I~ig;- Meeting Date :2 f>I ~~r~ ITEM TITLE: a) Ordinance .:? to ,,1.8' enacting the City of ~€þ~~OYista Assessment District Procedural Ordinance ß~O\ CO~O b) Resolution 178"/ (, Makin~Í1dings on the petition for the Assessment District No. 94-1 (Eastlake Greens II) '- c) Resolution 17?'1'l adopting a map showing the amended boundaries of Assessment District No. 94-1 (Eastlake Greens II) d) Resolution 17~/Y Declaring the intention to order the installation of certain improvements in a proposed assessment district; declaring the work to be of more than local or ordinary benefit; describing the district to be assessed to pay the cost and expenses thereof; and providing for the issuance of bonds for Assessment District No. 94-1 (Eastlake Greens II) e) Resolution / 7g"/ 9 Passing on the "report" of the Engi- neer, giving preliminary approval, and setting a time and place for the .. public hearings for Assessment District No. 94-1 (Eastlake Greens II) for April 4, 1995 at 4:00 p.m, and April 18, 1995 at 6:00 p.m, SUBMITTED BY: Director of Public Works¡) ft./' REVIEWED BY: City Manager Gr¡1<" (4/5ths Vote: Yes_NoX) On April 12, 1994 Council adopted the proposed Resolution of Intention, adopted the boundary map, and requested consent and jurisdiction from the County to order the acquisition and financing of the public improvements for Assessment District No. 94-1. On May 5, 1994 Council approved the Acquisition/Financing agreement for this district. On June 7, 1994, the County of San Diego gave the City of Chula Vista consent and jurisdiction to construct improvements and levy assessments on properties located within County jurisdiction. Tonight's actions will continue the formal proceedings leading to the establishment of Assessment District No. 94-1. The proposed ordinance will enable the City to adopt future modifications to the state assessment laws where such modifications are required by the public interest and necessity. The ordinance will also amend the provisions of the 1915 Act (the bond law pursuant to which most of the assessment district bonds are issued) to be applied to district proceedings undertaken by the City. This amendment will permit the Engineer's Report to set forth the method by which the annual assessment insta1lments will be apportioned among properties within the district. This report is approved by Council as part of the district proceedings. RECOMMENDATION: That Council: 1) place the ordinance on first reading; 2) accept the petition; 3) adop. the resolution of intention; 4) Adopt the amended boundary map; 5) approve the preliminary engineer's report; and 6) direct the City Clerk to notice the public hearings for Assessment District No 94-1 (Eastlake Greens II) for April 4, 1995 at 4:00 p.m. and April 18, 1995 at 6:00 p.m. 7~1 -""...__._,--"....._----"~-- Page 2, Item 7,/ Meeting Date 2/28195 . BOARDS/COMMISSIONS RECOMMENDATION: Not applicable, "';I/f?5 DISCUSSION: The Municipal Improvement Act of 1913 is a financing mechanism which allows the financing of public infrastructure improvements through assessment districts bonds with payments collected from the property owners with their property taxes. There is no direct cost to the Cjty. This is an acquisition district wherein the developer is constructing the public improvements and the City will acquire them upon completion with funds derived from the sale of bonds. City policy establishes that only "backbone" facilities, providing benefit to the entire property within the district, are eligible for assessment district financing. The developer is responsible for financing the construction of local subdivision improvements. Eastlake Development Company is in the process of developing the southern half of Eastlake Greens, (Greens II) which is currently vacant. The current property owners (Eastlake Development 8) have petitioned the City pursuant to the Municipal Improvement Act of 1913 (see Attachment A), to use assessment district financing to construct backbone public facilities such as storm drain, sewer, water, reclaimed water, utilities, landscaping, grading and street surface improvements serving the whole Eastlake Greens II. Staff has reviewed the petition and has determined that it meets the requirements of the State of California Streets and Highways Code and recommends approval by Council. Eastlake intents to construct the improvements jn three phases to track with the development phasing (see Exhibit A). -:. Area of Benefit On April 12, 1994 Council approved the boundary map for AD 94- I. Since then, several subdivision and parcel maps have been approved. The boundary map needs to be amended to reflect these changes and to include a portion of the future Eastlake Trails. This property has been included in order to enable Eastlake to fully finance the Transportation Development Impact Fee facilities to be acquired by Assessment District No 94-1 (AD 94-1), The amended boundary map has been reviewed by staff and found it acceptable and ready for Council approval. The proposed boundary of AD 94-1 includes the parcels located in the south part of the Eastlake Greens development, the golf course, the south portion of the future Eastlake Trails and the area known as the "Land Swap Area" presently within the County located between Eastlake Greens and East Orange Avenue and the area west of Eastlake development (see Exhibit B). Recently, the Council approved an amendment to the EastLake I General Development Plan (GDP) and an amendment to the Eastlake Greens SPA Plan and Tentative Map. In accordance with these approvals, Eastlake Greens II will contain a total of 1,531 dwelling units consisting of two different product types: 949 Single Family Detached and 582 Single Family Attached residences. Imurovements In accordance with City Policy, only backbone improvements providing full service to the Greens II are proposed in AD 94-1, The developer will finance the construction of the additional facilities required to serve each specific subdivision. The public improvements proposed to be financed through this acquisition proceeding include: ?,.J- _3'I~ Meeting Date 2 þ" 1. . .3. 7/5 South Greensview Drive from Clubhouse Drive to Hunte Parkway , South Greensview Drive is a resjdential collector street providing the main access to all the properties within the Greens II. The public improvements include: grading, pavement and base, curb, gutter, sidewalk, street lights, landscaping, and underground facilities for water, reclaimed water, domestic water, sewer, storm drains, telephone and gas. 2. Hunte Parkway from Clubhouse Drive to East Orange Avenue Hunte Parkway is a four-lane major street which is included in the Transportation Development Impact Fee (TDlF) program, The jmprovements to be funded through AD 94-1 are: grading, pavement and base, curb, gutter, sidewalk, median, street lighting, landscaping, and storm drain improvements, 3. East Orange Avenue from Hunte Parkway to the SDG&E Easement East Orange Avenue is a six-lane prime arterial which is also a component of the TDlF program. The improvements to be financed by AD 94-1 are grading and drainage facilities. ProDosed Assessments The estimated total amount to be assessed to the land in the district is $7,933,483 (see Attachment . B) of which $5,915,064 is for grading and improvements, $937,357 for incidental costs (design, plan check, City staff and consultants' cost) and $1,190,022 correspond to bond issuance cost (reserve, underwriter discount, and capitalized interest). The properties in the Greens II have assessments placed by the existing Assessment Districts No. 90- 3 and 91-1. Assessment District No. 90-3 funded the construction of major infrastructure serving the whole Eastlake Development (Greens, Trails, Woods, Vistas, Business Center II and OTC). Assessment District No. 91-1 levied only TDlF assessments on the Eastlake Greens South properties, Assessment District 94-1 would finance the construction of backbone facilities providing full service to the Greens 11 area and the improvement of a portion Hunte Parkway and East Orange Avenue (TDlF facilities). The Transportation Development Impact Fee (TDlF) program was established by Council to finance the construction of major transportation facilities serving the Eastern Territories. All properties located in the Eastern Area shall pay a fee prior to building permit approval. Most of the Greens II (1,281.6 EDUs) have already paid the TDlF through the existing AD 91-1 at the rate of $3,060/EDU. Only those parcels (130.6 EDUS) located in the land swap area will be paying the current fee of $3,998/EDU through AD 94-1. The TDlF eligible cost of $1,995,422 is apportioned using the current fee of $3,998 per Equivalent Dwelling Unit (EDU) which gives a total of 499.1 EDUs for AD 94-1. The TDlF is proposed to be assessed against properties in the Greens 11 (130.6 EDUs), Parcel R-26 (74.4 EDUs) and the Trails (294, I EDUs), The following table summarizes the existing and proposed districts: 7·) Page 4, Item ? - Mee~g Date Y2M'J5;rj7/> 7 Assessment Improvements Area of District Funded Benefit 90-3 Backbone Infrastructure Entire Eastlake Development 91-1 TDIF Improvements Greens 11(1,281.6 EDUs) and Parcel R-26 (89.6 EDUs) 94-1 a) Backbone Infrastructure Greens II b) TDlF Improvements Greens 11(130.6 EDUs), Parcel R-26 (74.4 EDUs) and the Trails(294.1 EDUs) The typical residential assessments for the 1,281,6 EDUs in the Greens II which have the TDlF have the TDlF paid by AD 91-1 are as follows: AD 90-3 AD 91-1 AD 94-1 TOTAL . No -TDlF TDlF Non-TDlF TDlF $1,977 $3,656 $3,847 $0 $9,480 -- Single Family Detached Single Family Attached $1,754 $2,925 $2,905 $0 $7,584 The typical assessments for the 130.6 EDUs (in the land swap area) with the TDlF paid through AD 94-1 are : AD 90-3 AD 91-1 AD 94-1 TOTAL Non-TDlF TDlF Single Family Detached $0 $0 $5,824 $4,833 $10,657 Single Family Attached $0 $0 $4,659 $3,866 $8,525 The following procedure will be followed in order to ensure that all property meet the criteria set forth by Council: Lien Ratio: Based on preliminary appraisal information, it was determined that most of the property comply with the 3: 1 (land value to lien) ratio. A final appraisal will be made prior to any bond sale. If this appraisal comes in lower than expected or assessment increase, the developer would be required to either provide cash or letters of credit to maintain the lien ratio within the City criteria. Maximum Tax: The combination of regular County taxes, Mello-Roos school taxes, and assessment installments shall not exceed the City maximum of 2 % of the market value. If this is exceeded during project development, the developer would be required to provide cash to either reduce the assessment or the-special tax obligation. ?~' --~--_. ."_ .__,~_,__.__m'_ ._.,.___''.___ - . Page 5, I~ Mee~g Date 2 9 5' ;!7/, As mentioned before, a final appraisal will be made prior to the issuance of any bonds, The results of this appraisal, number and amount of the bond issues, and the lien ratio and maximum tax analysis will be submitted to Council approval prior to any bond sale. A copy of the Financial Feasibility study is presented as Attachment C. Citv of Chula Vista Assessment District Ordinance The proposed project will be built in three phases. Bonds will be issued pursuant to the ] 915 Bond Act and will either be sold for each phase or else a single bond issue will be sold and the interest on unspent bond proceeds used to meet a portion of the debt service on the bonds. In either case, under the traditional assessment apportioning methodology stipulated by the ]9]5 Bond Act, the annual amount to be paid by each residential parcel (developed or undeveloped) should be the same, In projects contemplating phased construction, such as the Greens 1I, this annual assessment would be subject to an increase as additional bonds are sold or bond funds expended, Such increase will be counter to current City Policy to have property owners pay the final assessment amount when they purchase the house. Council did not want to mislead home buyers in earlier phases by having low assessments in the beginning and then increase it in later years. Further, property relying on future project construction (phases 1I and III) would be subject to the same financial impact as property which can be immediately developed (phase I), which would not be equitable. '. In order to overcome these objections, a new methodology of apportioning the annual installments is proposed in page 31 "Annual Apportionment of Assessment Installments" of the Engineer's Report (Attachment D). This methodology would allow the collection of "fu" assessments from "developed" properties and "partial" assessments from those "undeveloped" parcels in pro rata amounts as necessary to pay the debt service on the outstanding improvement bonds then issued by the City. A "developed" parcel is one for which a building permit has been issued or which was created by a final subdivision or parcel map. This new procedure provides a fair and equitable approach for apportioning the annual installments in those projects contemplating a phased development, such as the AD 94-1 (Greens 1I). If the project were constructed in one phase, all the properties would pay full assessments beginning the first year, The methodology will provide for the collection of annual installments during buildout of the assessment district in amounts that more accurately reflect the benefit being received by the assessed parcels. Those parcels which are developed and will use the public improvements sooner than the undeveloped parcels will also pay their maximum annual installment earlier in time than the undeveloped parcels. The parcels developing later in the project will start paying partial assessments and will over time pay their corresponding full assessment. Attachment E presents an example of the cash flow of the annual installments using the proposed methodology, Bond Counsel (Brown, Diven & Hentschke), Financial Consultant (Kadie-Jensen, Johnson & Bodnar) and city staff have reviewed the proposed methodology and recommend Council approvaL The proposed ordinance (see Attachment F) will enable the City to subsequently amend the provisions of these assessments acts as the City deems necessary to meet the needs and interests of the City, The ordinance will also amend the provisions of the 1915 Act by establishing that the annual amount collected from each parcel shall be in accordance with the apportionment methodology set forth in the Engineer's Report prepared pursuant to the Streets and Highways Code Section 7'> __.~n__ .,._.,_____._.,___ , --~.-..---.-.-, - "'-"--'--~'- --_.'.,-- Page 6, I~ Meeting Date 5-; 10204. Council approval of the Engineer's Report for AD 94-1 is also being considerel~7as meeting. Resolutions The RESOLUTION MAKING FINDINGS ON THE PETITION verifies that the petition meets the requirements of the Streets and Highways Code. The RESOLUTION ADOPTING THE AMENDED BOUNDARY MAP constitutes the approval of the proposed district boundary. The RESOLUTION DECLARING INTENTION is the jurisdictional resolution under the "1913 Act" proceedings, declaring intention to finance improvements through the issuance of bonds and declaring that the improvements are a benefit to the properties within the district. This resolution also directs the engineer-of-work to prepare a report on the plans, and a description of the improvements, Further, it provides for the issuance of bonds on the project The RESOLUTION PASSING ON "ENGINEER'S REPORT" AND SETTING PUBLIC HEARINGS is the preliminary approval of the "Engineer's Report" as required in the previous resolutions and sets date, time and place for the public hearings, Future Actions .- "' Public hearings are herein scheduled for April 4 and 18,1995 "' Confirmation of the assessments is herein scheduled for April 18, 1995 "' The bond sale is planned for June I, 1995 FISCAL IMPACT: Eastlak:e Development will pay all costs associated with the formation of the district and will be reimbursed once bonds have been sold, The City will receive the benefit of full cost recovery for staff cost (estimated at $78,000) to be funded by the district. Eastlak:e will also deposit with the City an origination charge. It is anticipated that this origination charge would be between $79,334.83 and $119,002.25 (1.0% to 1.5 % of the confirmed assessment), The final amount will be determined after Council consideration of a proposed change in the origination charge to be collected from developers for the use of public financing. Staff had proposed last year, as a measure to increase City revenues, that the origination charge for more complicated acquisitions be increased, This item will be brought before Council during March, 1995. After bond sale, the origination payment would be transferred to the general fund. Attachment: A- Petition Exhibit : A- Eastlake Greens . Project Phasing B- Cost Estimate B- Boundary Map c- Financial Feasibility Study D- Engineer's Report E- Example nf the cash flow nf annual installments WPC M:\bome\cnBinccr\agcndl\rcpon. 941 Ldt\A y..o92 - /~¿ ORDINANCE NO. ')'b.2~ '!:P«\\O~ 0~ AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA,~~G THE CITY OF CHULA VISTA ASSESSMENT DISTRICT V-~ URAL ORDINANCE 0~\) ,:>~ç WHEREAS, the City of Chula Vista (the "City") is a munièipal corporation and charter city duly organized and existing under a freeholders' charter pursuant to which the City has the right and power to make and enforce all laws and regulations in respect to municipal affairs and certain other matters in accordance with and as more particularly provided in Sections 3, 5 and 7 of Article XI of the Constitution of the State of Califomia (the "Constitution") and the Charter of the City (the "Charter"), and WHEREAS, the City Council of the City, acting under and pursuant to the powers reserved to the City under Sections 3, 5 and 7 of Article XI of the Constitution and the Charter, finds that the public interest and necessity require the adoption of this ordinance to authorize, and establish the procedure for, the formation of assessment districts within the City and the levy of assessments therein and the issuance of improvement bonds therefor to finance certain public improvements, and WHEREAS, the City Council desires to establish procedures for the annual apportionment of assessment installments in certain assessment districts, and WHEREAS, the City Council did previously adopt Ordinance No. 2397 which established specific terms and conditions for the acquisition by the City of improvements to be financed through an assessment district formed pursuant to the Municipal Improvement Act of 1913, being Division 12 of the Streets and Highways Code of the State of Califomia (the "1913 Act"), and WHEREAS, the provisions previously adopted in Ordinance No. 2397 have subsequently been incorporated into the 1913 Act and the need for a separate provision for such acquisitions no longer exists and the City Council desires to repeal Ordinance No. 2397. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: SECTION 1. Declaration of Policv. It is hereby declared to be the policy of the City to permit the financing of the acquisition or construction of certain public improvements pursuant to the procedure set forth in this Ordinance as well as by any other method permitted by law. This Ordinance is enacted pursuant to the powers reserved to the City under Sections 3, 5 and 7 of Article XI of the Constitution and the Charter. SECTION 2. Short Title. This Ordinance shall be known and may be cited as the "City of Chula Vista Assessment District Procedural Ordinance." 1 ? /9 ."/ .-_..... -,,----_.._--,- ...-,----_.. Ordinance No. Page Two SECTION 3. Procedure. Whenever the public interest and necessity so require, the City Council of the City may, acting under this Ordinance, undertake any of the procedures provided for in the Improvement Act of 1911, being Division 7 of the Streets and Highways Code of the State of Califomia (the "1911 Act"), the Municipal Improvement Act of 1913. being Division 12 of the Streets and Highways Code of the State of Califomia (the "1913 Act"), the Improvement Bond Act of 1915, being Division 10 of the Streets and Highways Code of the State of Califomia (the "1915 Act") and the Landscaping and Lighting Act of 1972, being Part 2, Division 15 of the Streets and Highways Code of the State of Califomia (the "1972 Act"). The 1911 Act, the 1913 Act, the 1915 Act and the 1972 Act may be referred to herein collectively as the "Assessment Acts." Except as otherwise provided in this Ordinance, the provisions of the Assessment Acts, now in effect or as such laws may be amended from time to time, are hereby incorporated in this Ordinance by reference and made a part hereof. SECTION 4. Provisions Not Exclusive. The provisions of this Ordinance are not exclusive, The powers conferred upon the City Council by the provisions of this Ordinance are in addition to and supplemental to the powers conferred by the Charter and any other ordinance of the City or by law. Additionally, the City Council may elect to follow the procedures now or hereafter' provided by general law, including without limitation the Assessment Acts; provided. however, that whenever the City is acting pursuant to this Ordinance the provisions of this Ordinance shall be controlling to the extent that they are in conflict with any of the provisions of such general laws. SECTION 5. Amendments of Assessment Acts. Certain provisions of the Assessment Acts, as incorporated herein, are amended as follows: A. Streets and Highways Code Section 8680(a) is hereby amended to read as follows: (a) The unpaid assessments shall be payable in annual installments corresponding in number and proportionate amount to the number of installments and principal amounts of bonds maturing or becoming subject to mandatory prior redemption in each year pursuant to Section 8650.1. An annual amount of each assessment shall be payable in each fiscal year preceding the date of maturity or mandatory prior redemption date of each of the bonds which have been issued, sufficient to pay the bonds when due. The annual amount collected each year need not be equal in either amount or proportion for each parcel and may vary depending upon such annual method of apportionment as may be set forth in the report prepared pursuant to Streets and Highways Code Section 10204 and approved by the City Council. The annual amount of each assessment coming due in any year, together with the annual interest on the assessment, shall be payable in the same manner and at the same time and in the same installments as the general taxes of the city on real property are payable, and the assessment installments and the annual interest on the assessment shall be payable and become delinquent at the same 2 7Aø.,). - Ordinance No. Page Three times and in the same proportionate amounts and, except as provided in subdivision (b), shall bear the same proportionate penalties and interest after delinquency as do the general taxes on real property of the city. SECTION 6. ReDeal of Ordinance No. 2397. Ordinance No. 2397 is hereby repealed and shall be of no further force nor effect as of the effective date of this Ordinance. SECTION 7. Effective Date. This Ordinance shall take effect and be in full force on the thirtieth (30th) day after its adoption. Within fifteen (15) days of its adoption the City Clerk shall cause this Ordinance to be published in a newspaper of general circulation in the City as required by law. Presented by: John P. Lippitt, Director of Public Works 3 /~r.:J ---.. ~~.._-- "'__~_'M.·.__~~__. .___._._.._. - THIS PAGE BLANK . . 719-'/ . . '. - .---..-..~._.. --~- COUNCIL AGENDA STATEMENT Item 7 Meeting Date 3/7/95 ITEM TITLE: Resolution I 78' J..I, Accepting bids and awarding contract to TCB Electric Inc, for the Traffic Signal Safety Project to upgrade three traffic signal locations and a~ing funds therefore SUBMTITED BY, n;~,,,, of "'blio W~~ REVIEWED BY: City Manager ~ \')110 /) (4/5ths Vote: YesXNo--> On February 15, 1995, the Director of Public Works received sealed bids from six (6) electrical contractors for the modification of traffic signals at three intersection as part of the Fiscal Year 1994/95 Traffic Signal Safety Upgrade Project RECOMMENDATION: That Council approve the resolution accepting bids and awarding contract to TCB Electric Inc, for the Traffic Signal Safety Project at three locations and appropriating $7,900 to TF-230 (Traffic Signal Safety Upgrade), BOARDS/COMMISSIONS RECOMMENDATION: Not applicable, DISCUSSION: On February 15, 1995, the Director of Public Works received sealed bids from six (6) electrical contractors for the modification of traffic signals at three intersections as part of the Fiscal Year 1994/95 Traffic Signal Safety Project The intersections are as follows: Fourth Avenue and Palomar Street Telegraph Canyon Road and Crest Drive/Oleander Avenue Telegraph Canyon Road and Paseo del Rey The Traffic Signal Safety Project was approved and funded by Council on October 4, 1994 by Resolution 17678 (See Exhibit A), The core of this project is to remove the left turn signal indications from the center median where the signal poles were damaged repeatedly in the last few years and install these left turn signal indications on a longer mast arm above the roadway, Other work to be done includes loop detectors, vehicle indications, and other signal equipment necessary to make the system operational. y,/ ~-------_.__.. ____._n, ..__."__.____,._~_,. _._..m__m ....0_____ ______.______~__.._.._._,.__.__.____.__._..~._. Page 2, Item ~ Meeting Date 3/7/95 The bids were received as follows: Contractor Amount 1, TCB Electrical, Inc. - San Diego $70,035 2, MCR Electrical Contractors, Inc, - Imperial Beach $70,840 3, Knox Electric, Inc, - Santee $71,798 4, Southwest Signal Service - El Cajon $79,640 5, Lekos Electric, Inc, - El Cajon $85,090 6, Select Electric - Spring Valley $87,850 The low bid of $70,035 was received from TCB Electric, Inc, The low bid is above the Engineer's estimate of $64,410 or approximately 9%, The contractor, TCB Electric, Inc, has recently completed several projects for the City of San Diego, City of Encinitas, and City of Escondido, We have contacted these agencies and their comments and recommendation have been favorable. The low bidder has met all City requirements set forth in the bid document, and therefore, we recommend awarding the contract to TCB Electric, Inc, The original project approved by Council included four locations, The fourth location, the northeast corner of H Street and Third Avenue involved the relocation of a signal pole or the widening of the sidewalk to provide sufficient width for wheelchairs, The property owner (St Rose of Lima) has agreed to give the City an easement that will provide enough sidewalk clearance to conform with the American with Disabilities Act (ADA) requirements, Therefore, relocating the existing traffic signal standard at this location will not be necessary, The sidewalk widening will be performed by City forces utilizing the Signal Upgrade project contingency money, The total project cost is $87,100 which includes $7,000 for contingencies and $10,065 for staff time in addition to the construction cost of $70,035, The approved FY 94/95 budget for this project is $79,200, Therefore, an additional appropriation of $7,900 is needed from the Traffic Signal Fund to complete the project Environmental Status The City's Environmental Review Coordinator has reviewed the work involved in this project and determined that the project is exempt under Section 15302, Class 3 (new construction or conversion of small structures of the location of limited numbers of new, small facilities or structures) , Disclosure Statement A copy of the Contractor's disclosure statement is attached as Exhibit R 8'~.2 Page 3, Item Y Meeting Date 3/7/95 Disadvantaged Business Enterprise Goal No prevailing wage requirements were necessary or a part of the bid documents, Compliance with Federal and State minority/women owned business requirements were not applicable on this project. Financial Statement FUNDS REQUIRED FOR CONSTRUCTION A Contract Amount $70,035 B. Contingencies (approx, 10%) $7,000 C Design, Inspection, and Administration $10,065 TOTAL $87,100 FUNDS AVAILABLE FOR CONSTRUCTION A Traffic Signal Fund - TF230 $79,200 B. Additional Appropriation from Fund 211 Traffic Signal Fund $7,900 TOTAL $87,100 FISCAL IMPACT: This action will appropriate $7,900 from the Traffic Signal Fund. There are no additional annual maintenance and energy costs associated with this project. The source of funding for this project is Traffic Signal Fund and sufficient funds are available for appropriation, Completion of this work will lower future maintenance costs by removing signal heads on median islands that have been repeatedly knocked down, This is a budgeted CIP project and the funds are required for the project. Attachments: Exhibit A - Resolution 17678 & Minutes of 10/4/94 Council Meeting Exhibit B - Contractors Disclosure Statement File No: TF-230 RDJ:sb m:\home\engineer\agenda\signals.rdj 8'<J RESOLUTION NO. J '1 'i'J.¿, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT TO TCB ELECTRIC INC. FOR THE TRAFFIC SIGNAL SAFETY PROJECT TO UPGRADE THREE TRAFFIC SIGNAL LOCATIONS AND APPROPRIATING FUNDS THEREFOR WHEREAS, on February 15, 1995, the Director of Public Works received the following six bids from electrical contractors for the modification of traffic signals at three intersections as part of the Fiscal Year 1994/95 Traffic Signal Safety Upgrade Project: Contractor Amount 1. TCB Electrical, Inc. - San Diego $70,035 2. MCR Electrical Contractors, Inc. - $70,840 Imperial Beach 3. Knox Electric, Inc. - Santee $71,798 4. Southwest Signal Service - El Cajon $79,640 5. Lekos Electric, Inc. - El Cajon $85,090 6. Select Electric - Spring Valley $87,850 WHEREAS, the low bid of $70,035 was received from TCB Electric, Inc., which bid is above the Engineer's estimate of $64,410 or approximately 9%; and WHEREAS, the low bidder has met all City requirements set forth in the bid document, and therefore, staff recommends awarding the contract to TCB Electric, Inc.; and WHEREAS, the City's Environmental Review Coordinator has reviewed the work involved in this project and determined that the project is exempt under section 15302, Class 3 (new construction or conversion of small structures of the location of limited numbers of new, small facilities or structures); and WHEREAS, no prevailing wage requirements were necessary or a part of the bid documents and compliance with Federal and State minority/women owned business requirements were not applicable on this project. 1 ~...> .._.~.--..-._._-_.._-~-~--._--,- NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby accept said six bids and awards the contract to TCB Electric Inc. in the amount of $70,035 for the Traffic Signal Safety Project to upgrade three traffic signal locations. BE IT FURTHER RESOLVED that the sum of $7,900 is hereby appropriated from the Traffic Signal Fund to TF-230 (Traffic Signal Safety Upgrade) . Presented by Approved as to form by John P. Lippitt, Director of B~.~~~ty Public Works Attorney C:\rs\sîgnals.TCB 2 ~,t . --- - - -- ---- ,,-.._---,--,--~~-_._-_. ----.----------.- .--.-- --.--...-- -..-.,------------------ I TP-~30 . €Xhibi+ A RESOLUTION NO. 17678 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE ADDITION OF TF230 . TRAFFIC SIGNAL SAFETY PROJECT AT FOUR LOCATIONS TO THE FISCAL YEAR 1994/95 CAPITAL IMPROVEMENT PROGRAM (CIP) AND APPROPRIATING FUNDS THEREFOR WHEREAS, staff is requesting appropriation of $79,200 out of the Traffic Signal Fund to eliminate hazardous conditions at four (4) locations: 1) Palomar Street and Fourth Avenue; 2) Telegraph Canyon Road and Crest/Oleander; 3) Telegraph Canyon Road and Paseo del Rey; and 4) H Street and Third Avenue; and, WHEREAS, the first three locations involve the removal of median island traffic signal . poles which have been struck repeatedly over the past years; and, WHEREAS, the fourth location involves the relocation of a traffic signal pole within the r sidewalk area, which restricts the movement of wheelchair disabled persons which was brought to staff's attention at a recent American with Disabilities Act (ADA) public meeting; and, WHEREAS, the City's Environmental Review Coordinator has reviewed the work involved in this project and determined that the project is exempt under Section 15301, Class 1 (new construction or small structures or the location of limited numbers of new, small facilities or structures). NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby authorize the addition of TF230 - Traffic Signal Safety project at four locations to the Fiscal Year 1994/95 Capital Improvement Program (CIP). BE IT FURTHER RESOLVED that the sum of $79,200 is hereby appropriated from the unappropriated balance of the Traffic Signal Fund into 600-6005 TF-230. . Presented by , <2~ fl ( ~ hn P. Lippitt ~ Bruce M. Boogaa í:I irector of Public Works City Attorney ð-'''7 ---.----..- ...,.__....____....... - __ ___"____n________ ._.___.___._. Resolution No. 17.678 Þage 2 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 4th day of October, 1994, by the following vote: YES: Councilmembers: Fox, Horton, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None , _/;/, J ,- l /;'7. .. , ""'-' I~/'~ Tim Nader, Mayor ATTEST: STATE OF CALIFORNIA) COUNTY OF SAN DIEGO ) 55. 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. 17678 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 4th day of October, 1994. Executed this 4th day of October, 1994. 8"1' ------_._------------~_.._----- --- _._._._._~_._------- Minutes October 4, 1994 I Page 4 Ó Chula Vista Literacy Team has received $34,986 in funding to continue its work developing and offering a variety of small group writing classes to adult learners at several locations throughout Chula Vista. Staff recommends approval of the resolution. (Library Director) 4/Sth's vote required. Continued from the meeting of 9/27/94. B.A. RESOLUTION 17676 APPROVING FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 88-3A, EASTLAKE SOUTH GREENS, UNIT 3 (NORTH HALF) - On 7/18/89, Couocil approved the Tentative Subdivision Map for Tract 88-3, Eastlake Greens. On 8/16/94, Council approved an amendment to the Eastlake Greens Tentative Subdivision Map, Tract 88-3A. The purpose of the amended Tentative Subdivision Map Was to reconfigure the phasing of the original development. The final map for the north half of Unit 3 of said tentative maps is before Council for approval. Staff recommends approval of the resolutions. (Director of Public Works) B. RESOLUTION 17677 APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTIONS NmffiER 15200 AND 17618 APPROVING A TENTATIVE SUBDIVISION MAP FOR EASTLAKE GREENS, AND AUTHORIZING THE I\IA YOR TO EXECUTE SAME 12. RESOLUTION 17678 AUTHORIZING THE ADDITION OF TF230 - TRAFFIC SIGNAL SAFETY PROJECT AT FOUR LOCATIONS TO THE FISCAL YEAR 1994/95 CAPITAL IMPROVEMENT PROGRAM AND APPROPRIATING FUNDS THEREFOR - Staff is requesting appropriation of $79,200 out of the Traffic Signal Fund to eliminate hazardous conditions at four locations: (1) Palomar Street and Fourth Avenue; (2) Telegraph Canyon Road and Crest/Oleander; (3) Telegraph Canyon Road and Paseo del Rey; and (4) "R" Street and Third A venue. The first three locations involve the removal of median island traffic signal poles wbich have been struck repeatedly over the past years. The fourth location involves the relocation of a traffic signal e pole within the sidewalk area, which restricts the movement of wheelchair disabled persons. The latter item was brought to stafrs attention at a recent American with Disabilities Act public meeting. Staff recommends approval of the resolution. (Director of Public Works) 4/5th's vote required. Councilmember Fox questioned if the four locations had been ranked or if there were other locations with more frequent occurrences of knock downs. John Lippitt, Director of Public Works, responded that three were almost emergencies, i.e. knock downs that had to be replaced and one was based on anticipated problems. They were not new installations, but repairs. Mr. Boogaard informed Council that the reason given for the exemption from CEQA had to be corrected in the resolution to read "Class I" under Section 15.301 instead of "Class 12". Mayor Nader stated tbat correction would be incorpordted into the Consent Calendar. 13. RESOLUTION 17679 ACCEPTING BIDS AND AWARDING CONTRACT FOR "EL DORADO TELECOMMUNICATIONS TRENCH (GG-142)" - On 8/10/94, sealed bids were received for "EI Dorado Telecommunications Trench (GG-142)." Staff recommends approval of the resolution. (Director of Public Works) 14. REPORT REQUEST TO CONDUCT PARADE FROM MONTGOMERY ELEMENTARY SCHOOL - Montgomery Elementary School is requesting permission to conduct a school parade on 10/12/94. The parade would be beld from 12:45 p.m. until 1:30 p.m. Staff recommends Council approve the request subject to staff conditions. (Director of Parks of Recreation) · · END OF CONSENT CALENDAR · · G) 8'" ---~ ..---- ..---.. .._~-". _~____.._._ __..__._~_.__~____._ 0·'-··----- -,~_._,->-- -~_.---~--~'-- _ ..~_~-~"_~" >_,,__~_"._~____ w_ THE CITY m CHliLA VISTA IJISCLOSURE S,{ATE~¡¡¡:,,', , VIIU arl' rctfuin.'d fofik:1 Sfj!fl'III(,.'11I of Disdosun.' IIf L'l'rtaill OWlIl'lShip Of 1ÎllOlIII,:ial iUtl'Il'SIS, paYlIll'lIls, III ralllpaipn Ulllllihutions. 011 ..1I1II~lIIl·rs whk'h will !'l'qUill' disl'rl'lion.uy :tL:tioll Oil Ihl.: pan III fhl' Cily ('uulldJ. Plallllillt ('Ollllllbsitln. alld all 111111..'1 ollid:11 l'ttldi",'s. Till' It¡Unwin!! inlÙnllatioll IIIIISI he disdoSl'd: Exhl b'f- :B L List thl: naJUe:s of all persons having a financial interest in the property which is the subject of the application or the Contract, e.g., owner. applicant, Contractor, subcontrdctor. material supplier. ~\\.I."{ \.. (y VtJ TGi'\ 2. If any person· identified pursuaot to (I) above is a corporation or Partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owrung any partnership ioterest in Ibe pannership. 1"> \ ~L '( L. C..\JU'ï"L ----- - ------- ---- ---- ._--- .'.. ], If allY PC"""'· idelltilied p"rsuallllll (I) ¡Ihuve is nUII-profil urg:llli"uiulI ur II lrusl, lisl the names uf any pcrsoll servillg as din:ctor uf the nun-pmtil urganization or as trustee or beneticiary or trustor of dIe trust. 4, Have you had more than $250 worth of business ttansaCled wilb any member of Ibe City staff, Boards, Commissions, Committees, and Council widùn the past twelve month? Yes _ No :::I. If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants, or independent Contractors who you have assigned to represent you before Ibe City in this matter. ~IL\l.(l ~I¡"'¡~ -.---.-.--.-.----.---.-- _. 6. Have you and/or yuur officers or agents, in the aggregate, contributed more than $1,000 to a Council member in the current or preceding election period? Yes _ No:i. If yes, state which Council members(s): · · · (NOTE: Attached additional pages as necessary) . . . Date:J - \ ~ -"\7 ~t l\~ Signatu òf Contractor/Applicant ~\l.Li L [..u tJ'r<'fl. Print or type name of Contractor/Applicant · Per",," is defined a.': "AllY individual, firm, cO-fIllTtner.,hip. joim venture, a".'(x:i(l/ion, ,wciul club, fraternal organization. cor/,ora1ion, ('.\'/11(", trll.\'I, rel'{·;wr. .\'.wu!ictlte, th;s ami 1I".V othrr l'tJllllty, city Of country. t'Îty municipality, district. or other political .\'IIII,I;\'I',\'ioll, or fillY olllt'r J.!rolll' or ('omhinul;oll m'l¡"J.! fI.\' a "IIit. I? Y.- / P ~--~----~------------ ------- ----.--.--..,-. COUNCIL AGENDA STATEMENT Item r Meeting Date 3/7/95 ITEM TITLE: Resolution 17g',.2. ? Approving an Amendment to the Chula Vista Portion of the 1994 - 2001 Regional Transportation Improvement Program (RTIP) and Authorizing its Submittal to the San Diego Association of Governments, SANDAG SUBMITTED BY: Di,,"", "f Public W"V REVIEWED BY: City Manager J~ ~;;, /b (4/5ths Vote: Yes_No X) On February 22, 1994, the Chula Vista City Council held a public hearing and approved a Resolution (attached) adopting the 1994 - 2001 seven year Regional Transportation Improvement Program (RTIP). On July 22, 1994, the SANDAG Board of Directors adopted the RTIP including the TRANSNET program of projects, The RTIP covers Fiscal Years 1994 through 2001. This is Chula Vista's first amendment to the 1994 - 2001 RTIP and primarily concerns changes to the cost estimates and schedules of projects in the biennial element of the RTIP (FY 1995 and 96), The SANDAG Board of Directors is scheduled to accept the amendments for distribution on April 28, A Noticed Public Hearing will be held on May 26 and fmal SANDAG Board adoption is targeted for June 23, 1995, The deadline for local agency project submittals to amend the RTIP is March 10, 1995, RECOMMENDATION: That Council approve an amendment to the Chula Vista portion of the 1994-200 I Regional Transportation Improvement Program and Authorize its submittal to the San Diego Association of Governments, SANDAG, BOARDS/COMMISSIONS RECOMMENDATION: Not applicable, DISCUSSION: The 1994-2001 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 February 22, 1994 following a public hearing, The adopted RTIP is consistent with the city's Capital Improvement Program and originally included nine projects utilizing transnet funds, The projects and their corresponding amounts were programmed as follows: 9'/ , -- Page 2, Item 9 Meeting Date 3/7/95 I I Current ! Proposed ! , , Project AmOlmt FY Amouot FY 1. Otay Valley Road, Phase 2 $710,000 1995 -- -- 2, Fourth Ave, - between Orange Ave & Anita St -- -- $52,000 1995 3, Otay Valley Road, Phase 3 $550,000 1995 $753,200 1995 4, Engineering Automation Program $45,000 1995 $45,000 1995 5. Miscellaneous Street Improvement Projects -- -- $300,000 1995 6. Broadway, between Naples and Anita Streets $2,108,000 1996 $2,108,000 1996 7, Main St" between Industrial Blvd & Fourth Ave $3,160,000 1995-97 -- -- 8, Main St between Industrial Blvd, and Broadway and Broadway between Main St & southerly City limits Phase 1 $3,475,000 94-97 Phase 2 $2,400,000 98 9, Palomar St, between 1-5 and Industrial Blvd $854,000 1998 $854,000 97-98 10, E Street, between 1-5 and Broadway $767,000 1998 $767,000 97-98 11. Main St, between Fourth Avenue & Hilltop Dr, $5,000,000 1997-99 12. Main Street, between Hilltop Dr. and 1-805 $3,500,000 00-01 . 13, Main Street, between Broadway and Third Ave, -- -- $4,500,000 99-01 14, Main Street, between Third Ave, and Hilltop Dr, -- -- $1,632,000 00-01 TOTAL $16,694,000 $16,356,200 . Beyond the scheduling of the seven year RTIP due to lack of available fuoding, 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 1994-2001 RTIP, The amendment consists of the following: 1) Delete the Otay Valley Road, Phase 2 project In June 1994, the City received a low construction bid for this project Assessment District funds allocated for the project were adequate to cover its full cost, and no TRANSNET funds were required, 2) Increase the program amount of project No, 3, Otay Valley Road, Phase 3, from $550,000 to $753,200, Following adoption of the RTIP in February 94 the scope of this project was expanded to include additional bridge improvements, thereby increasing the estimated project cost by $203,200, 9",,2. -----.-.-,,---..+....-..-------- '" . ._. .___+_.~___._._ __.____.,._.__~._.~_~....__..____. __m__·· Page 3, Item q Meeting Date 3/7/95 3) Add the following two projects to the program; A Installation of sidewalk improvements along the east side of Fourth Avenue between Orange Avenue and Anita Street The construction of this project has already been completed, On October 18, 1994 the City Council approved Resolution 17680 appropriating $52,000 III TRANSNET funds and awarded the construction contract SANDAG is aware of this action and has indicated a favorable response, R Miscellaneous Street Improvements project, city-wide, Staff is proposing the inclusion of this project, totaling $300,000 in the RTIP to provide flexibility in covering any unanticipated increases in costs of street improvement projects, 4) This amendment proposes major changes to the Main Street project limits and funding schedules. Instead of the previous 3 phases it is now proposed to construct Main Street in five phases, A Main Street, Industrial Blvd, to Broadway, This overall project will also include the improvement of Broadway between Main Street and the southerly City limits, Staff is proposing to construct this project in two phases, Phase 1 includes RO,W, purchase, environmental mitigation, design of overall project, installation of drainage improvements, and completion of surface improvements on Main Street The Broadway improvements will be in Phase 2, R Main Street, Broadway to Third Avenue, C. Main Street, Third Avenue to Hilltop Drive, and D, Main Street, between Hilltop Drive and I-80S, The amended list of projects to be proposed for inclusion in the upcoming RTIP amendment, along with the corresponding estimated costs is shown in Table 1 and on Exhibit "A", The revenue/expenditure estimates are shown on Exhibit "B " , FISCAL IMPACT: Transnet Revenues, totaling approximately $2,658,000 are estimated to be allocated to the City of Chula Vista in Fiscal Year 95-96, These funds will be used to complete the improvement of the final segment of Broadway between Naples and Anita Streets at a total cost of $2,108,000 and also to acquire right-of-way for the first segment of Main Street between Industrial Blvd, and Broadway at a total cost of $550,000. SMN:rb File #KY-174 (M:\HOME\ENGlNEER\AGENDA\RTIP.SIvfN) 'i~3 ----..-....-- -"-"'-.-.--- - ------.-----.---.------ -_._.------~----- _._- -- RESOLUTION NO. /?~.2 ? RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE CHULA VISTA PORTION OF THE 1994 - 2001 REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM (RTIP) AND AUTHORIZING ITS SUBMITTAL TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) WHEREAS, on February 22, 1994, the Chula vista city Council held a public hearing and approved a Resolution adopting the 1994 - 2001 seven year Regional Transportation Improvement Program (RTIP); and WHEREAS, on July 22, 1994, the SANDAG Board of Directors adopted the RTIP including the TRANSNET program of projects and covers Fiscal Years 1995 through 2001; and WHEREAS, this is Chula vista's first amendment to the 1994 - 2001 RTIP and primarily concerns changes to the cost estimates and schedules of projects in the biennial element of the RTIP (FY 1995 and 96); and WHEREAS, the SANDAG Board of Di~ectors is scheduled to accept the amendments for distribution on April 28 with a Noticed Public Hearing will being held on May 26 and final SANDAG Board adoption is targeted for June 23, 1995; and WHEREAS, the deadline for local agency project submittals to amend the RTIP is March 10, 1995. 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 the 1994-2001 Regional Transportation Improvement Program in the form set forth in the Council Agenda Report of 3/7/95 entitled "Approving an Amendment to the Chula vista Portion of the 1994 - 2001 Regional Transportation Improvement Program (RTIP) and Authorizing its Submittal to the San Diego Association of Governments, SANDAG" . BE IT FURTHER RESOLVED that the City Council authorizes its its submittal to the San Diego Association of Governments, SANDAG. Presented by by ~ John P. Lippitt, Director of Bruce M. Public Works Attorney c: \rs\RTIP ,,> -_.-..__.__...._-~-_.__._._. N 'õ ~ 0 en ~ ~ en M Z Q) Q) ã) " >- Z Z >- Q) ~ "" LO , (/) ~ 0> CD -q-L()l,(')lO -q-IJ')L()I,{) LO LO "I:tc.oc.oCD ¡,; 0)0)0)0) Q')m(J)m 0> 0> mmCJ)CJ) <:: 0 "" "" <:: "- Q) E c. 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" N C") '<t LO CD " 00 0> 0 ...... ...... ...... ...... 9-9 '-'-'-~'--'-'----------------~------_.._--_._,..__.,_."--'-'~'-'- --_......- --.. .__..._-----_.._---~----~ ---- EXHIBIT "B" 1994 - 01 RTIP REVENUE I EXPENDITURE TABLE PROPOSED REVENUE EXPENDITURE YEAR - END FY AMOUNT AMOUNT BALANCE 95 $2,236,500 $1,192,200 $1,344,800 * 96 $2,305,500 $2,658,000 $992,300 97 $2,401,500 $3,198,000 $195,800 98 $2,194,000 $3,248,000 ($858,200) 99 $2,340,000 $664,000 $817,800 00 $2,492,000 $1,457,000 $1,852,800 01 $2,654,000 $4,011,000 $495,800 TOTALS $16,623,500 $16,428,200 * $1 ,344,800 = ($2,236,500 - $1,192,200) + carryover of $300,500 (B:\RTIPEXPEWB1) 9-/1/ -----_._--_._'"._-----_.,._-_._----~--~,-_._-----,,_.. , ___n._________._._. __._._,__..__~ _____,..__.~._,____ . '((Y-I Ii RESOLUTION NO. 17396 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE SEVEN-YEAR TRANSNET LOCAL STREET AND ROAD PROGRAM OF PROJECTS FOR FISCAL YEARS 1995 THROUGH 2001 AND APPROVING THE SUBMITTAL OF CHULA VISTA'S TRANSPORTATION IMPROVEMENT PROGRAM TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM (RTIP) WHEREAS, the San Diego Regional Transportation Improvement Program (RTIP) is a seven-year progrãm (fiscal years 1995 through 20011 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 requirement 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, said Proposition was enacted by the voters of San Diego County on November 3, 1987 and Proposition' A' is a 1/2 percent increase in the County-wide sales tax lasting 20 years for specified transportation programs and projects; and, WHEREAS, one third of the revenues are specified for allocation to the local agencies for local street and road purposes and the other two thirds will be equally shared for two additional primary purposes: Regional Highway and Public Transit improvements; and NOW, THEREFORE, BE IT FURTHER RESOLVED the City Council of the City of Chula , Vista does hereby adopt the Seven-Year TransNet Local Street and Road Program of Projects for Fiscal Years 1995 through 2001 as shown on Table 1, attached hereto and incorporated herein by reference as if set forth in full, and approving the submittal of Chula Vista's Transportation Improvement Program to the San Diego Association of Governments (SANDAG) for inclusion in the Regional Transportation Improvement Program (RTIP). Presented by A ro '''1' y ~~Q ~--- , ..~ / Bruce M. Boogaard ohn P. Lippitt Director of Public Works City Attorney 9~11 ----_..._.__..._-------_.._~._~---"------~-----~-- Resolution No. 17396 Page 2 , PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 22nd day of February, 1994, by the following vote: YES: Councilmembers: Fox, Horton, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None r/&//A- Tim Nader, Mayor ATTEST: . 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. 17396 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 February. 1994. Executed this 22nd day of February. 1994. f:~ Authelet. City Clerk 9-/~ . -_..~-_.- ----'-. - --"~.'-'-- -- -.--........--.----..-------.---- _._._------_._---~-_._-~-_. -' --~----_... COUNCIL AGENDA STATEMENT ~;I Item 17T:;.o Meeting da -%8-95:;/~ ~ Item TIde: Resolution executing an agreement with the Air Pollution Control District for the purchase of a retrofitted electric shuttle; appropriating $20,000 in grant funding to the Energy Conservation Fund and approving budget for same; waiving the competitive bidding requirement and authorizing the expenditure of $20,000 for the ElekTruk. Submitted bv: Barbara Bamberger, Environmental Resource Mana~~ Reviewed bv: John D, Goss, City Manager ~ 11 (4/5 Vote: Yel J NoJ On November 5, 1993, the Council accepted $20,000 in grant funding from the Air Pollution Control District (APCD)and $10,000 in grant funding from the California Energy Commission (CEC) toward the purchase of an electric shuttle to service the telecenters, On September 27, 1994, (minutes on attachment 2) Council approved purchase of this vehicle for a total cost of $30,000, and execution of a contract with a Chula Vista company ElekTruk; total funding for the vehicle has been allocated from two grant sources, $10,000 from the CEC and $20,000 from the APCD, respectively, Council action secures the APCD grant contract and sets forth the terms and conditions for receipt of such funds, Council approved a contract for $10,000 from one grant source; this resolution authorizes expenditure of the balance to purchase the electric shuttle, This project will be part of the City's overall effort toward development of a comprehensive energy conservation and air quality improvement program and is consistent with the City's C02 Reduction and Greenfleets programs, RECOMMENDATION: Approve resolutions. BOARDS/COMMISSION RECOMMENDATIONS: N/A DISCUSSION In conjunction with the City's ongoing efforts to be energy conscious and to promote programs for ongoing market development efforts such as the Border Environmental Commerce Alliance, staff recommends authorization of an agreement with the APCD for, and appropriation of, $20,000 in Energy Conservation Funds to purchase an electric shuttle van, Residents of the City will benefit from the reduction in vehicle exhaust that will occur by offering access to the shuttle, and businesses will benefit through development and promotion of an emerging electric vehicle market Staff has proposed, and Council approved, conversion of a passenger van to an electric shuttle that will be used to transport telecenter participants to and from Chula Vista's Neighborhood Telecenters, The electric shuttle will be a converted passenger minivan with one wheelchair restraint system and will meet the American with Disabilities Act (ADA) requirements, The shuttle, developed by a local company, ElekTruk will employ several innovative features in its design, including an "opportunity-charging" system that will reduce charging time and increase vehicle range significantly, When fully operational, this program is expected to daily displace 88 single occupancy vehicles per week from Chula Vista roads and provide air quality improvements and decreased transportation energy use. Staff is recommending waiving the bidding requirements because the contract is based upon an agreed scope of work which includes purchasing the vehicle from ElekTruk, The vehicle will be driven and housed by the San Diego Conservation Corp, The Conservation Corp, will schedule shuttle routes for telecenter users, 1 yr //-J - ~-----,-_.,,-- -.._--""_._~------..,..._.- "--.-.-..- --_..._--.--- --- --"---.-.--.-------------- ITEM 8" Date 2/28/95 The cost of the shuttle is $30,000 - $20,000 was allocated from Air Pollution Control Board in September 1993 and $10,000 from the CEC in October 1994, The shuttle is in the process of being retrofitted. Once the vehicle is completed and operational. and the contracts approved by the City. the City will take over ownership and operation. Specifications for the electric shuttle are as follows: Vehicle: Converted 8 passenger minivan, one wheelchair restraint system with wheelchair ramp, Top Speed: 50 miles per hour Range: 50 miles - by employing opportunity charging system, the vehicle can travel 5-6 round trips to Eastlake from the T elecenter per day, Charging: 2-4 hours using an automated "electric vehicle refueling system" (i,e, opportunity charging) Batteries: US Battery Motor: 27-7 Horsepower direct current motor, Advance DC motors Staff anticipates the following goals will be achieved regarding air quality improvements and cost effectiveness by: maintaining a log of all trips generated and all gasoline powered vehicular trips that are replaced with shuttle trips and calculating savings based upon our records, Based upon the original gas mileage of the vehicle prior to being retrofitted, the City anticipates saving PER MILE: · .6 gmlmi hydrocarbons · 9 gmlmi Carbon Monoxide · 2 gmI mi Nitrogen Dioxide Emissions reduced per 15,000 miles is: · 135 Kg CO · 9 Kg of hydrocarbons · 30 Kg NO, Emissions reduced per 6 year life span: · 810 Kg of CO · 54 Kg of hydrocarbons · 180 Kg NO, These savings do not include emissions reduced from a maximum of 40 cold starts, approximately 20 passengers per day. S_ Uld Fedend R...ulation. Re..nIIn.. Altomative Fuels Uld ClIv Fteet Vehicle. State and Federal regulations will bolster the alternative fuel market and change future fleet procurement practices, For example, the 1990 California Air Resources Board (CARB) Regulations, also known as the 2 V JJ-"d- __"__···_0____,'__ .,.__..._ __._ ___.__..__..____._._.____._.n H·..__.·.·._·. ".---..'" ."----. -. ITEM </ 3 Date 2/28/95 California Low Emission Vehicle program, mandates the most stringent clean vehicles program in the world, It is the most important piece of legislation promoting alternative fuel vehicles, CARB requires that by 1997, at least 2% of all cars and light duty trucks sold by each auto maker in California must be ultra low emission vehicles (ULEV); and by 2003, at least 15% of cars and light duty trucks sold must be ULEV, Both CNG and electric vehicles meet the ULEV definition, CARB also requires that at least 10% of all cars and light duty trucks sold by 2003 must be zero emission vehicles (ZEV), Of existing technologies, only electric vehicles meet the 'lÆV defmition, Promoting alternative fuel vehicles will lessen the future impacts of this mandate and assist with alternative fuel vehicle penetration and acceptance. The Federal Energy Policy Act (FEPA) of 1992 also requires an alternative fuels program, FEPA mandates that 20% of municipal fleets must be converted to alternative fuels beginning 1998, Fiscal Tnmact The City will receive $20,000 in grant funding to be appropriated to the Energy COll$ervation Fund and budgeted in account 280-2804 for the Alternative Fuels Retrofit Program, This grant will be used to supplement $10,000 of California Energy Commission funds to retrofit a van (total cost is $30,000) to electric power, The electric shuttle will provide a transportation service for the City's Neighborhood Telecenter, The Telecenter will operate the van to shuttle patrons to and from the center. ElekTruk will maintain the vehicle for the fIrst year, maintenance for year two and beyond will cost the City an additional $1,200 per year, if the City elects to contract with ElekTruk for ongoing maintenance after the fIrst year, If the City chooses not to renew its maintenance contract, Public Works will continue to maintain the vehicle, Staff will return with recommendations budgeting maintenance for year two, TABLE I - I!ìteI1O' Conservation Budget Account # 280-2804 I!ìteI1O' Conservation Fund - Alternative Fuels Retrofit ProgJUD Account 11280-2804 - $20,000 OBJECT ACCOUNT ITEM AMOUNT 5565 Purchase of Electric Shuttle $20,000,00 TOTAL $20,000.00 Attachments: Attachment 1 - Electric Shuttle Specifications Attachment 2 - Minutes from September 1994 Council meeting Attachment 3 - Contract with APCD PI/' } _ '___M·__~___ _______ __ _ _ _ ___.__.~____..._ - -----_...~..._--- __ _______ '_B'_'_._ RESOLUTION NO. I'lYJ.O RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH THE AIR POLLUTION CONTROL DISTRICT FOR THE PURCHASE OF A RETROFITTED ELECTRIC SHUTTLE¡ APPROPRIATING $20,000 IN GRANT FUNDING TO THE ENERGY CONSERVATION FUND AND APPROVING BUDGET FOR SAME ¡ WAIVING THE COMPETITIVE BIDDING REQUIREMENT AND AUTHORIZING THE EXPENDITURE OF $20,000 FOR THE ELEKTRUK WHEREAS, on November 5, 1994, the City Council accepted $20,000 in grant funding from the county of San Diego Air Pollution Control District (APCD), and $10,000 in grant funding from the California Energy Commission (CEC) toward the purchase of an electric shuttle to service the Chula Vista telecenters¡ and WHEREAS, on September 27, 1994, the Council approved purchase of this vehicle for a total cost of $30,000 and execution of a contract with ElekTruk¡ and WHEREAS, total funding for the vehicle has been allocated from two grants sources, $10,000 from the CEC and $20,000 from the APCD, respectively¡ and WHEREAS, the project will be part of the city's overall effort toward development of a comprehensive energy conservation and air quality improvement program and is consistent with the City's C02 Reduction and Greenfleets program. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve an agreement with the Air Pollution Control District for the purchase of a retrofitted electric shuttle in a final form to be approved by the City Attorney, a copy of which is on file on the office of the City Clerk as Document No. (to be completed by the City Clerk in the final document) and does hereby authorize the Mayor to execute same. BE IT FURTHER RESOLVED that the city Council does hereby appropriate $20,000 in grant funding to the Energy Conservation Fund Account #280-2804-5565 and approve budget for same. BE IT FURTHER RESOLVED that the City Council does hereby waive the competitive bidding requirements and authorize the expenditure of $20,000 for the ElekTruk. Presented by Approved as to form by Barbara Bamberger, Environmental Resources Manager - rl /(;1 --'.~--'-'-'----_.-'_.'---'-- __.._'m~__._~_~ -,....._..._...__...-...._._.._._.._--"..,~"-~..- ITEM Date 2/28/95 ATTACHMENT I SPECIFICATIONS FOR ELECTRIC SHU'ITLE The City will purchase an electric minivan, The City will retain all maintenance responsibilities with the vehicle, and place the City's "SmogBusters electric vehicle" logo on both sides of the van, The van will be ADA compliant, and will be able to transport 7-9 passengers. The van is a 1989 Ford Club Wagon, at 9100 Ibs. gross vehicle weight ElekTruk will remove the 7.5 liter engine, of which the vehicle ran at 8 miles to the gallon, per EP A estimate, and replace with a battery charging system providing for a range of 50 miles between charges, ElekTruk will also replace the CIO automatic transmission, and the CFC air conditioning unit The radiator, exhaust system and gas tanks will also be removed, The City will use the vehicle to transport telecommuters and other telecenter users to the downtown and East "H" Street telecenter locations, The downtown telecenter temporary site opened on November I st, and staff has been collecting a list of interested telecenter users willing to use the van once it is up and running, The City will be purchasing a 1989 Ford Club Wagon that has been completely retrofitted as a state-of-the-art electric shuttle, The vehicle has a gross vehicle weight of 9100 Ibs, The vehicle will be retrofitted with the following components: " Two CARE certified number five (5) electric conversion kits, from KTA Services, Each kit consists of a 27-70 horsepower direct current motor, manufactured by Advance DC motors, " A 200 amp direct current controller, manufactured by Curtis PMC, " Activation and reversing contractors, manufactured by Curtis Albright " Lead acid batteries, 97% recyclable, manufactured by US Battery. · Dual motor mechanical direct drive system, manufactured by ELECTRIC, · A non-chloroflourocarbon air conditioner (CFC free), " Sensors, limit switches, circuit breakers, and electrical instrumentation · Hydraulic wheelchair lift platform · Vacuum system for power brakes " DC to DC converter to power accessories · Battery chargers The electric shuttle has a carrying capacity of 8 passengers, including one wheelchair. The electric shuttle will be maintained by Public Works staff, and the vehicle comes with a 6 year or 60,000 mile bumper to bumper warranty, which includes parts and labor on all vehicle components, with the following exceptions: " 4 year warranty on propulsion and auxiliary hatteries, " 3 year warranty on air conditioning, power locks and power windows " I year tire rotation and alignment " No warranty on upholstery, paint, carpeting, lights, windshield wiper blades, tires, brake pads, and interior and exterior trim. " 1st year maintenance is included in purchase price, Continuing maintenance can be purchased from ElekTruk at 51,200 per year, for an additional five years, yr'1/5 - '-~----'--~'----"----'- _._--~.._-------- -_.__._.__._-,_.._-----~---_.._-_._,..,- Mmutes .. . II ,-.. ,.. -.- September 27, 1994 Page 2 written appeals brought by any person regarding action taken by the Building Department of the City iD alforcement \ of the requirements. The Department of Building and Housing staff bas brought forth this requirement to the Board of Appeals and Advisors for coosideration and aldorsement. The Board of Appeals and Advisors bas reviewed starrs proposed Ordinance and recommends its adoption. Staff recommends Council: (1) Place the ordinance on first reading; and (2) Direct the City Clerk, after the second reading and adoption, to IOlicit applications for the Access Appeals Board. (Director of Building and Housing) 7.A. RESOLUTION 17666 EXECUTING AN AGREEMENT WITH THE CALIFORNIA ENERGY COIIßDSSION TO PROVIDE $55,000 IN GRANT FUNDING AND APPROPRIATING THOSE FUNDS TO THE ENERGY CONSER V A TION FUND AND APPROVING BUDGET FOR SAIIŒ - The California EDeray Commission provided $55,000 iD ¡rant funding to develop an alternative fuels retrofit rebate pro¡ram to be offered to the Cbula Vista busiDesses and to create a local market for electric vehicles development and use. The funds will also be used to help iD the purchase of an electric shuttle for Cbula Vista's Telecenter Pro¡ram, for approval of a Request for Proposal, and approval of a $5,000 contract to provide a public information pro¡ram for the retrofit rebate pro¡ram. Staff recommends approval of the resolutions. (Administration) 4/5th's .ote required. Continued to the meeting of 10/4/94. B. RESOLUTION 17667 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR $10,000 WITH ELEKTRUK TO PURCHASE AN ELECTRIC RETROFl1TED V AN FOR CHULA VISTA'S TELECENTER C. RESOLUTION 17668 A\mIORIZING THE CITY MANAGER TO SOLICIT RESPONSES FOR A REQUEST FOR PROPOSAL (RFP) FOR $5,000 IN CONSULTING SERVICE TO DEVELOP AND PROMOTE AN ALTERNATIVE FUELS RETROm REBATE PROGRAM 8. RESOLUTION 17669 APPROVING THE 1993/94 GRANTEE PERFORMANCE REPORT FOR ) THE COIIßfiJNITY DEVELOPlIŒNT BLOCK GRANT PROGRAM AND AUTHORIZING ITS SUBIIDSSION TO THE U.S. DEPARTJ\ŒNT OF HOUSING AND URBAN DEVELOPIIŒNT - The City annually submits a Grantee Peñormaoce Report (GPR) to the U.S. Department of Housin¡ and Urban Development. The GPR provides detailed iDformation on the use of Community Development Block Grant funds. iDcludin¡ the pro¡ress acbieved and status of funds. Staff recommends approval of the resolution. (Director of Community Development) i. RESOLUTION 17670 ACCEPTING FEDERAL DEPARTJ\ŒNT OF EDUCATION, LŒRARY SERVICES A!'\'D CONSTRUCTION ACT TITLE VI LIBRARY LITERACY PROGRAM GRANT FUNDS A WARDED TO THE CHULA VISTA LITERACY TEAM, APPROPRIATING FUNDS, AND AIIŒNDING THE FISCAL YEAR 1994/95 BUDGET TO INCLUDE .83 FULL TllIŒ EMPLOYEE POSITIONS - The Chula Vista Literacy Team bas received $34,720 in fundin¡ under the Library Services and CoostNCtion Act, Title VI Library Literacy Pro¡ram, to implement a model pro¡ram to identify and aid adult learners with dyslexia. Staff nc:ommends approval of the resolution. (Library Director) 4/5th's .ole required. Continued to die meeting ef 10/4/94. 10. RESOLUTION 17671 ACCEPTING FEDERAL DEPARTlIŒNT OF EDUCATION, LŒRARY SERVICES AND CONSTRUCTION ACT TITLE VI LIBRARY LITERACY PROGRAM GRANT FUNDS AWARDED TO THE CHULA VISTA LITERACY TEAM, APPROPRIATING FUNDS, AND AMENDING THE FISCAL YEAR 1994/95 BUDGET TO INCLUDE .48 FULL TllIŒ EMPLOYEE POSITIONS - The Chula Vista Literacy Team bas received $34,986 in funding to continue its work developin¡ and offeriD¡ a variety of small ¡roup writin¡ classes to adult learners at several locations throughout Cbula Vista. Staff recoJlUllalds approval of the resolution. (Library Director) 4/5th's vote required. Continued to the meeting of 10/4/94. µ//-,j,- - ----_...._.~.._._--,---_.__._'_.. --_.~~-_.__._._--_..~--- - --,-- -----.- . "-~- - ___n__ _.__ .. - 'n_ _._______~___._.._._..." .._.~__ .-- 1 FISCAL YEAR 93/94 VEHICLE REGISTRATION FUNDING ALLOCATION PLAN GRANT CONTRACT WITH THE CI1Y OF CHULA VISTA. CA, 2 Contract No. 3 THIS AGREEMENT is effective on September 28, 1993, and is between the San Diego Couoty Air Pollution 4 Control District (" APCD"), a political subdivision of California, located at 9150 Chesapeake Drive, San Diego, 5 CalifonÜa 92123·1096 and the City of Chula Vista, a chartered municipal corporation in CalifonÜa with a 6 business address at 276 Fourth Avenue, Chula Vista, California 91910, hereinafter called "CONTRACTOR". 7 R E C I TAL S: 8 WHEREAS, the APCD, by its actions on September 28, 1993, (APCD Minute Order No.1) and August 9, 1994 9 (APCD Minute Order No. 02), approved the fiscal Year 1993/94 Vehicle Registration Funding Allocation Plan 10 (Plan), Purchase of an Electric Shuttle Vehicle, and authorized the Director of Purchasing and Contracting, 11 pursuant to then Article XXIII, § 401 (now § 93.1 (a» of the Administrative Code, to negotiate a grant service 12 coDtracl. . 13 14 WHEREAS, CONTRACTOR ha. received partial funding for this vehicle acquisition, which is the subject matter 15 of this Agreement, from State of California Petroleum Violation Escrow Fund, 16 .. 17 WHEREAS the APCD Board acknowledges and approves that the vehicle has already been purchased 18 subsequent to the APCD Board action on September 28, 1993 in contemplation of receiving funds under this 19 Agreement. 20 21 WHEREAS, the APCD/County desires such equipment to be acquired in accordance with the 22 CONTRACTOR's Scope of Work dated November 29, 1994, attached hereto as Exhibit A and whereas the 23 CONTRACTOR agrees that reimbursement of its purchase of the electric shuttle vehicle subject to the following 24 additional conditions. 25 26 NOW THEREfORE, in considcration of (he promises, and mutual covenants and agreements herein contained, 27 28 21 ,,"ovl'M, RIN'iIcdJan9.199S.Jan 2O.199S. \COtIpcrI¥.al1 Page 1 of 16 ~//-) - -~-~----- ~_._--~._-'._._-- - ---. ..... ---_.._._--~_.,----_.__.._--"'._,._,~...,'_._-_.- 1 it is agreed as follows: 2 PART I - STANDARD TERMS & CONDITIONS 3 1. TERM OF AGREEMENT 4 The term of tbis Agreement shall commence effective on Seplember 28, 1993, and continue for three years 5 following the acquisition of the vehicle, during which time CONTRACTOR shall acquire the equipment as 6 described berein. 7 2. DEFINITIONS 8 2,1 "Countý' shall mean the County of San Diego and shall be used interchangeably with the APCD. 9 2.2 "APeD" shall mean the San Diego County Air Pollulion Control District and shall be used 10 interchangeably with the County of San Diego. 11 2.3 "CONTRACTOR" shall mean the City of Chula Vista, 12 2.4 "Contracting Officer" shall mean the Director, the San Diego County Purchasing & Contracting . 13 Department or his designate. 14 2,5 "Contracting Officer's Technical Representalive shall mean the Deputy Director of the San Diego 15 County Air Pollution Control District and shall be used inlerchangeably wilh Ihe term "Contract 16 Administrator," 17 2,6 "Contractor" shall mean the same as CONTRACTOR, 18 2.7 "Major Equipment" shall include, but is not limited to, movable personal property of relatively 19 permanent nature, having a useful life of three years or longer, and of significant value, $1000 or over. 20 2.8 "Minor Equipment" shall include all items not defined in paragraph 2.7 above that is under $1000 in 21 value and having a useful life of less than three years. 22 2.9 Where questions ari5c pertaining to the classification of equipment as major or minor, the County of 23 San Diego Administrative Manual, Item 0050-02-1 shall control. 24 3. AFFIRMATIVE ACTION 25 3.1 Each contractor, where the cumulative total of purchases ordered are $10,000 or more during a 26 calendar year, shall comply with the Affirmative Action Program for Conlractors as set forlh in Article 27 IIIk (commencing at §84) of the San Diego County Administrative Code, which program is . 28 11 Nc;w94. ~Jan..I995.J.nlO.1W.s. \~'.(fI[ Page 2 of 16 p)/~Y 1 incorporated herein by reference. A copy of this Affirmative Action Program will be furnished upon 2 request by the County of San Diego Contract Compliance Office, 1600 Pacilic Highway, Room 208, 3 San Diego, CA 92101, The County of San Diego, as a matter of policy, encourages the panicipation 4 of smal~ minority, and womeD owned businesses. 5 3.2 CONTRAerOR will not discriminate against any employee, or against any applicant for such 6 employment, because of age, race, color, religion, gender, physical bandicap, ancestry, or Dational 7 origin. 8 (A) Applicability. This provision shall include, but not be limited to, the following: Employment, 9 upgrading, demotion, or transfer; recruitment or recruitment adverlising~ layoff or termination; 10 rates of payor other forms of compensation; and selcoction for training, including 11 apprenticeship, 12 (B) Affirmative Action Program. Tbe CONTRAerOR shall comply with tbe requirements of . 13 tbe COUNTY'S Affirmative Action Program for Velldors as set forth in Article IIIk of The 14 COllllty of Son Diego AdminLrtroril'e Code, unless specilically exempted in accordance "itb the 15 Article's rules and regulations. 16 4. CONDUer OF CONTRAerOR 17 4.1 The CONTRAerOR agrees to inform the County of all the CONTRAerOR's interests, if any, which 18 are or whicb tbe CONTRACfOR believes to be incompatible witb any interests of tbe County. 19 4.2 The CONTRAerOR shall not, under circumstances which might reasonably be interpreted as an 20 attempt to influence the recipient in the conduct of his duties, accept any gratuity or special favor from 21 individuals or organizations with whom the CONTRAerOR is doing business or proposing to do 22 business, in accomplishing the work under thc contract. 23 4.3 The CONTRAerOR shall not use for personal gain or make other improper use of privileged 24 information which is aequired in connection witb his employment. In this connection, the term 25 ·privileged information· includes, but is not limited to, unpublished information relating to 26 technological and scientilic development; medical, personnel, or security records of the indhiduals; 27 anticipated materials requirements or pricing actions; and knowledge of selections of contractors or' - 28 21 NOW'94. ~ bn9. 1995,Jan 2O.1~5. \~.cnl Page 3 of 16 ~ //1 --~._-~--~.- . .-, --....- - -....-----.-.--- _..--_._-~-- ..--..-.--- 1 subcontractors in advance of official announcement. 2 4.4 The CONTRACI'OR or employees thereof shall not offer gifts, gratuity, favors, entertainment directly 3 or indirectly to County employees. 4 5. PROHIBITED CONTRACTS 5 Pursuant to § 67 of the County oJ San Diego Adminisrrative Code, CONTRACI'OR and APCD certify that the 6 provisions of said § 67 have not been violated, and that the CONTRACI'OR is not and will not subcontract with, 7 any of the following: 8 5_1 Persons employed by the County or of public agencies for which the Board of Supervisors is the · 9 governing body; 10 5.2 . Profit-making firms or businesses in which employees descñbed in sub-section 5.1 serve as officers, 11 principals, partners, or major shareholders; 12 5.3 Persons who, within the immediately preceding twelve (12) months came within the provisions of the . 13 above sub-sections and who (I) were employed in positions of substantial responsibility in the area of 14 service to be performed by the contract, or (2) participated in any way in developing the contract or · 15 its service specifications; and 16 5.4 Profit-making firms or businesses in which the former employees descñbed in sub-section 53 above 17 serve as officers, pñncipals, partners, or major shareholders. 18 6, TERMINATION FOR DEFAULT 19 The County may, by written notice of default to the CONTRACI'OR, terminale this contract in whole or in part · 20 should the CONTRACI'OR be in default under this contract. In the event of such termination, the 21 APCD/County reserves the ñght,to purchase or obtain the supplies or services elsewhere, If, after notice of 22 termination of this contract under the provisions of this clause, it is determined for any reason that the 23 CONTRACI'OR was not in default under this provisions of this clause, the rights and obligations of the parties 24 shall, if the contract contains a clause providing for termination for convenience of the APCD /County, be the 25 same as if the notice of termination had been issued pursuanl to such clause, The rights and remedies of · 26 APCD /County provided in [his article shall not be exclusive and are in addition to any other rights and remedies 27 provided by law or under resulting order. Any termination for default under this contract shall be handled in 28 :u "",,,94.RcviledJ.n9.1~.Jan »,IW5. \~.crn Page 4 of 16 Y% J/~'/C 1 accordance with The Counry of Sail Diego Controctillg Ma.,uaL January 1982 Ed., Part 1-8, TemlÍnation of 2 Contracts, Pages 189 through 207 inclusive a/loched hereto as E.xhi:.,it 8, 3 7. TERMINATION FOR CO!\'\'ENlEKCE 4 The APCD /County may, by written notice stating the extent and effective date, terminate this contract for con- S venience in whole or in part, at any time. The APCD/County shall pay the CONTRACI'OR as full 6 compensation for performance until such termination: 7 7.1 The unit or pro rata price for the delivered and acap:<d portion. 8 7.2 A reasonable amount, as costs of termination, not oth~rwise recoverable from other sources by the 9 CONTRACI'OR as approved by the APCD/County, ...',h respe<:t to the unperformed or unacapted 10 portion of the services, provided compensation hereund<r shall in no event exceed the total price, 11 73 In no event shall the APCD /County be liable for any 1065 of profits on the resulting order or portion 12 thereof so terminated, . 13 7.4 The rights and remedies of APCD /County provided in this article shall not be exclusive and are in 14 addition to any other rights and remedi., provided by 13w or under resulting order. 15 7,5 Any termination for convenience und~r this contra.ct st::.:ll be handled in accordance with TIle COUllty 16 of SOli Diego COlllroctillg MOlluol, Janllory 1982 Ed" P"n 1-8. Terminotion of COlltracts. Poges 189 17 through 207 inclusil'e. 18 8. CONTRACI' AOMn-."ISTR.>.TIOK 19 The Director of Purchasing and Contracting is the designated Contracting Officer and is the only APCD official 20 authorized to make any changes to this agreement The APCD/County has designated the following individual 21 as the Contract Administrator: Mnrris Dye, Deputy Director. Air Pollution Control District, 9150 Chesapeake 22 Drive, San Diego, Ca 92123-1096. The Contract Administrator ..ill chair contractor progress meetings and will 23 coordinate the APCD's contract administrative functions. The Ú'ntract Administrator is designated to receive 24 and approve CONTRACI'OR invoices for payment, audit aDd inspect records, inspect contractor services, and 25 provide other technical guidance as required. The Contract Administrator is!!!!! authorized to change any terms "1f> and conditions of the Contract Changes to the scope of work ",ill be made only by the Board and/or the 27 Contracting Officer issuing a properly cxccuted Change Order m,"¡ilication, 28 21 NO\/~. ~ Jan 9. 1995. Jan 20. 1995. \cwapcnv.enl Page 5 of 16 pff //-if _.,-,_.._-,-------~~----~-- --_.._~~---- 1 9. NOTICE 2 Any notice or notices required or permined to be given pursuant to this Agreement may be personally served 3 on the other party by the party giving such notice, or may be served by certified mail, postage prepaid, return 4 receipt requested, to the foUowing addresses: 5 9.1 Attention: Mr Morris Dye, Deputy Director, Air Pollution Control District, 9150 Chesapeake MS 6 0-176, San Diego. CA 92123. 7 9.2 Attention: Ms Barbara Bamberger, City of Chula Vista, 276 Fourth Avenue, Chula Vista, California 8 91910. 9 10. DISPUTES 10 10.1 Except as otherwise provided in this contract, any dispute concerning a question of fact arising under 11 this contract which is not disposed of by agreement shall be decided by the Contracting Officer who 12 shall furnish the decision to the CONTRAcrOR in writing, . 13 10.2 The decision of the Contracting Officer shall be final and conclusive unless determined by the court 14 of competent jurisdiction to h8\'e been fraudulent or capricious, or arbitrary, or so grossly erroneous 15 as necessarily to imply bad faith. The CONTRAcrOR shall proceed diligently with the performance 16 of the contract pending the Contracting Officer's decision, 17 10.3 The "Disputes" clause does not preclude consideration of legal questions in connection with decisions 18 provided for in paragraph 11.1 above, 19 lOA Nothing in this contract shall be construed as making final the decision of any administrative official, 20 representative, or board on a question of law. 21 11. CHANGES 22 The Contracting Officer may at any time, by written order, make changes within the general scope of this 23 contract, in the definition of services to be performed, and the time (i.e., hours of the day, days of the week, etc,) 24 and place of performance thereoL If any such change causes an increase or decrease in the cost of, or the time 25 required for the performance of any pari of the work under this contract, whether changed or not changed by 26 any such order, an equitable adjustment shall be made in the contract price or delivery schedule, or both, and 27 the contract shall be modified in writing accordingly. Any claim by tbe CONTRACTOR for adjustment under 28 21 NOY 94, Rr¥ireII bn 9. 199:5. Jan 1Ð. 1995. \cvapctS¥.en1 Page 6 of 16 ~///'¡;}.... 1 this clause must be asserted within 30 days from the date of receipt by the CONTRACTOR of the notification 2 of change; provided however, that the Contracting Officer, if he decides that the facts justify such action, may 3 receive and act upon any such claim asserted at any time prior to final payment under this rontract Where the 4 rost of property made obsolete or excess as a result of a change is included in the CONTRACTOR's claim for . 5 adjustment. the Contracting Officer shall have the right to prescribe the manner of disposition of such property, 6 Failure to agree to adjustment shall be a dispute roncerning a quesrion of fact within the meaning of the clause 7 of this rontract entitled "Disputes: 8 12 HOLD HARMLESS AGREEMENT 9 12.1 The CONTRACTOR agrees to fully indemnify, defend and save harmless the County against any and 10 311 loss. damage, liability, claim, demand, suit or cause of action resulting from injury or harm to any 11 person or property arising out of or in any way connected with the performance of work under this 12 contract, excepting only such injury or harm as may be caused by the fault or negligence of the County. . 13 12.2 Contractor further agrees for itself, its officers, employees, subcontractors, ronsultants, licensees, 14 invitees, tenants, and volunteers to defend, indemnify and hold harmless the APCD/County and its 15 officers. agents, and employees from any and all liability, claim, charge or rost of any kind or 16 ,haracter, actual or alleged, including rourt costs and reasonable aHorney's fees, which may arise 17 directly or indirectly from the acts or omissions, whether active or passive, of the Contractor or its 18 aforesaid affiliates of any tier. 19 12.3 In the event that third-party loss is attributable to the negligence or wrongful acts or omissions of both 20 parties (Contractor or subcontractors on one hand, and APCD /County on the other), the ultimate 21 financial responsibility of each party shall be proportional to its percentage of fault as determined by 22 mutual agreement between the parties or by a court of rompetent jurisdiction, The provisions of 23 California Civil Code §2778 regarding interpretation of indemnity agrecments are made a part hereof 24 as if fully set forth herein. 2S 12.4 Additionally, Contractor agrees to include the County within the protection of any indemnification 26 provision contained in any subcontract relating to work or services under this contract Contractor 27 further agrees to require that the County and its officers. agents and employees be named as 28 21 ND'I'~. R~';: J.nq. IWS. bn 1O.IQlQ5. \~~.cr" Pagc 7 of 16 ;ÞI? )1/)) ---~---"----_.._-~----~.,_.---~-'-_._-_. -,---...- - ~.__.._-_..._--.__._---_._----- -- 1 additional insured parties in all policies of insuranœ required by this agreement to be obtaineè :y 2 Contractor or its subcontractors in connection with the equipment or services under tbis contrac:.. 3 13 OWNERSHIP OF ELECTRIC SHUTTLE 4 13.1 Purpose . 5 The APCD, County, and the Contractor acknowledge that the funds are being provided to purrh~e 6 an electric minivan. 7 13.2 Recognition and Perfection of Finandallnterest 8 The County, APCD, and the Contractor agree that the ownership of the electric minivan is "ith :i" 9 ContracI-oT, and that APCD shall retain a financial interest in them. This financial interest shai :t: lO held for a period of 5 years from dale of purchase, defined as the date payment is made to the ele=c 11 minivan manufacturer or dealer, Contractor shall list the APCD on the title as bolding a flDan=al 12 interest. At its option, the APCD may also perfect a fmandal interest by fùing a lien or ~CL~ . 13 interest as provided by law. 14 13.3 Termination of Financial Interest 15 APCD may terminate its financial interest at any time. The APCD's financial interest ;:.ill 16 automatically terminatc at lhe end of the 5'year period, 17 13.4 Disposition of the Electric Minivan 18 In the event the electric minivan is taken out of service and disposed of before tbe date of terlIlÎn.ô!:J.:n 19 of the APCD's financial interest, the pro rata proceeds from the electric minivan's disposition s:ail 20 be paid to APCD in a timely manner. 21 14. RESPONSIBILITY FOR EQUIPMENT 22 APCD/County shall not be responsible nor be held liable for any damage to person or property resulting fr:m 23 the use, misuse, or failure of any equipment by Contractor, its agents, employees, tbird party indepenæ:tt 24 contractors, or permissive users, even though such equipment he furnished, rented or loaned to Contraao¡ :v 25 APCD/County. The acœptanœ or use of any such equipment by Contractor or Contractor's employee sbar:e 26 construed to mean that Contractor acœpts full responsibility for and agrees to exonerate, defend, indemnify ud 27 hold harmless APCD/County from and against any and all claims for any damage whatsoever resulting from :1" - 28 21 NO¥94. R~ Jan 9.199S. Jan x.. 1995. \MI~=I Page 8 0: :~ ~ II--it 1 usc, misuse, or failure of such equipmcnt, whether such damage be to the employee or property of Contractor, 2 APCD/County, or of other persons, Equipment includes, but is not limited to the Electric shuttle vehicle and 3 any associated equipment purchased for use witb the vehicle. 4 15. EQUIPME!\¡ MA1NI'ENANCE 5 The Contractor must provide, at its expense, preventaùve maintenance and repair contracts or service contracts 6 on all equipment under its direct control. Such contracts may be provided by the Contractor itself or by 7 reputable companies generally known to have such e''J'Crtise, Tbe Contractor shall submit a plan to the Contract H Administrator as to how this requirement will be met for the APCD/County's review and approval prior to 9 contract execution. The Contractor is to maintain a ~parate current record on maintenance. and repairs for each 10 piece of equipment and to provide a written report and relevant documentaùon on a quarterly basis as to any 11 preventative maintenance/repairs performed on eacIJ piece of equipment. A copy of the quarterly preventative 12 maintenance and repair report must be provided to tbe Contract Administrator. . 13 16. EOUIP\IENT USAGE 14 Use of grant acquired equipment shall bc only for rrojects which are specifically stated in the attached Scope 15 of Work, The equipmcnt is not to be used for an: other programs uoless specifically authorized in writing by 16 the COTR. Major equipment must remain in the specified use for the term of tbis Agreement, unless such 17 change in use is authorized in writing by APCD /County. Notwithstanding tbe foregoing, and any other provision 18 in this Agreement to the contrary, in the event that this contract is terminated, but Contractor continues to use 19 the equipment in substantial conformance with the Scope of Work attached hereto as Exhibit A, APCD/County 20 agrees to allow Contractor to purchase or otherwiso usc such equipment acquired with APCD/County grant 21 contraet funds for so long as Contractor continues to use the equipment in substantial conformance with the said 22 Scope of Work. The parties agree to negotiate in good faith in order to determine the terms for any such 23 purchase or continued use. In the event that the Contractor does not purchase but agrees to terms with 24 APCD /County for the continued use of the equipment, all the provisions of the Agreement regarding 25 Contractor's ohligations to insure and properly maintain such equipment shall remain in effect 26 ///// 27 //1// 28 21 Nrw 904, ReYIRd Jan 9, 1995. JaG 2:0. 1995., \cvapotI".LW Page 9 of 16 :Þf5'/I//~ -------------. ....---.----"..-..----.-.-.----- ----_._._--_._-_..~-'"~-_._~-----,._~.. 1 17. AUDIT AND INSPECTION OF RECORDS 2 17.1 General 3 The APCD/County shall have the audit and inspection rights described in till; secti"n, 4 17.2 Cost or pricing data 5 The Contracting Officer or his representatives who are employees of the APCD /Cormty or its agent 6 shall have the right to examine all books, records, documents and other data of the CONTRACTOR 7 related to the cost or negotiation pricing or performance of such contract, or >ny sU!xoD::act made 8 hereunder, or any change or modification, for the purpose of evaluating the .;curac:. co::lpleteness 9 and currency of the cost or pricing or performance data submitted. 10 17.3 Direct and Indirect Costs 11 The Contracting Officer or his representatives who are employees of the APCD /Cormty or its agent 12 shall also have the right to examine all records and data and other information relating to any cost and . 13 relevant information that is submilled for reimbursement that is reasonably re¡>ted t,> the direct and 14 indirect COSIS of acquiring the Electric Shulllc vehicle, 15 17.4 Availability 16 The materials described above shall be made available at the office of the CO:-rrRACTOR, during 17 normal business hours, for inspection, audit or reproduction, until the expiraù"n of 3 years from the 18 date of fmal payment under this contract, or by (A) and (B) below: 19 (A) (fthis contract is completely or partially terminated, the records relating:" the ""ork terminated 20 shall be made availablc for a period or three years from the date of any resulting final 21 settlement. 22 (B) Records which relate to appeals under the "Disputes" clause of this contract, or litiga:ion or tbe 23 settlement of claims arising out of the performance of this contract, obU be mad, available 24 until such appeals, litigation, or claims have been disposed of, or three year> aft" contract 25 completion, whichever is longer. 26 17.5 The CONTRACTOR shall insert a clause containing all the provisions of [his cL:use 18, in all 27 subcontracts for services hereunder except altered as necessary for proper identification 0:' the con- 28 21 Nov9òl. R.rriIed Jail 9. 199:5.J... 20, 1995, \~.au Page 10 of 16 ø//~/t - 1 tracting parties and the contracting officer under the APCD/County's prime contract. 2 18 PATENT AND COPYRIGHT INFRINGEMENT 3 The contractor shall report to the contracting officer, promptly and in reasonable written detail, each notice or 4 claim of patent or copyright infringement based on the performance of this contract of which the contractor has 5 knowledge. 6 19. PERMITS, NOTICES, FEES AND lAWS 7 The CONTRACfOR shall, at its own expense, obtain all permits and licenses, give all notices, pay all fees, and 8 otherwise comply with all Slale and Federal statutes, ordinances, rules and regulations pertaining to work and 9 to the prcservalion of the public health and safcty, 10 20, AIR, WATER POLLUTION CONTROL, HEALTH AND SAFETY 11 CONTRACfOR shall comply with aU State and Federal air and water pollution control, health and safety 12 statutes, ordinances, rules and regulations which apply to the work performed under this contract. . 13 21. FINDINGS CONFIDENTIAL 14 Any reports, information, data, etc., givcn to or prepared or assembled by the CONTRACfOR under this 15 Agreement which the APCD /Counly requests 10 be kept as confidential shall not be made available or disclosed 16 to any individual or organization by the CONTRACfOR without the prior written approval of the 17 APCD/County: except (a) as may be required by other funding sources as a contract requirement, (b) as may 18 be necessary to perform the scope of work, or (c) as may be otherwise required by law, including, without 19 limitation, the CIllifomia Public Records Act, Colifornio Government Code §6250 et seq.. 20 22, PUBLICATION, REPRODUCfION AND USE OF MATERIAL 21 No material produced, in whole or in part, under this Agreement shall be subject to copyright in the United 22 States or in any other country. The APCD /County has unrestricted authority to publish, disclose, distribute and 23 otherwise use, in whole or in part, any reports, data or other materiaIs prepared under this Agreement. 24 23. INDEPENDENT CONTRACTOR 25 It is agreed that CONTRACfOR shall perform as an independent contractor under this Agreement. 26 CONTRACfOR is, for all purposes arising oul of this Agreement, an independcnt contractor, and shall not be 27 deemed an employee of APCD/County. It is expressly understood and agreed that CONTRACfOR shall in 28 21 !'<low 94, RevIled Jan 9, 1995. JU1 20. 1995. \~.cnl Page 11 of 16 ~//'-i7 __~ ___.m__'____ _______ ... u.·~___N____ _ "'..__ _ ----."".--...- ... .__.."'--~---_.-.----+--- ----' 1 no event be entitled to any benefits to which permanent APCD/County employees are entitled, including, but 2 not limited to, overtime, any retirement benefits, workers' compensation benefits, and leave benefits. 3 24. SUBCONTRACT FOR WORK OR SERVICES 4 Except maintenance or service agreements contemplated by the attacbed Scope of Work, no contract shall be 5 made by the CONTRACTOR with any party for furnishing any of tbe work or services herein contained without 6 the prior written approval of the Contract Administrator; but this provision sball not require the approval of 7 contracts of employment between the CONTRACTOR and its own personnel assigned for services thereunder, 8 or for parties named in Scope of Work attacbed to this Agreement, CONTRACTOR is reminded that it is the 9 APCD/County's policy to encourage the participation of minority business enterprises. This includes assurance 1(} that, if feasible, minority firms are solicited. or where feasible, dividing the requirement into smaller units for 11 the purpose of providing for greater minority participation, or the establishment of delivery and payment 12 scbedules which will facilitate participation by minority businesses. . 13 25. DRUG & ALCOHOL-FREE WORK PLACE 14 The APCD /County of San Diego, in recognition of individual rights to work in a safe, healthful and productive 15 work place, has adopted a requirement for a drug and alcohol frec work place, APCD /County of San Diego Dmg 16 alld Alcohol Use Policy C-25. This policy provides that all APCD/County employed CONTRACTORs and their 17 employees and subcontractors and their employees shall assist in meeting this requirement. 18 25.1 As a material condition of this agreement, the CONTRACTOR agrees that the CONTRACTOR and 19 its employees, and subcontractors and their employees while performing service for the APCD /County, 20 on APCD/County property, or while using APCD/County equipment: 21 (A) Shall not be in any way impaired because of being under the influence of alcohol or a drug, 22 (B) Shall not possess an open contaioer of alcobol or consume alcohol or possess or be under the 23 influence of an illegal drug, 24 (C) Sball not sell, offer, or provide alcohol or a drug to another person. This article sball not be 25 applicable to a CONTRACTOR or its employees who, as part of the performance of normal 26 job duties and responsibilities prescribes or administers medically prescribed drugs, 27 25.2 The CONTRACTOR shall inform all of its employees who are performing services for the 28 lJ foIO'<~. ~ Jln 9, 1995.J.n 20. 1995, \mpœlY.ent Page 12 of 16 ~/-I Y 1 APCD lCounty on APCD ICœnty property or using APCD ICounty equipment, of the APCD lCounty 2 objective of a safe, healthful ucI productive work place and the prohibition of drug or alcohol use or 3 impairment from same while performing such service for the APCD ICounty. 4 25.3 The APCD ICounty may Terminate for Default or Breach this Agreement and any other Agreement 5 the CONTRACTOR has with the APCD/County, if the CONTRACTOR, or CONTRACTOR 6 employees are determined by the Contracting Officer not to be in compliance with the conditions of 7 this section. 8 PART II - FISCAL 9 26. COMPENSATION OF CONTRACTOR 10 26.1 Amount 11 The APCD/County agrees to pay CONTRACTOR a total sum not to exceed $20,000.00 for the 12 acquisition of the Electric Shultle vehicles and associated equipment. Contractor agrees to perform . 13 the services described in tbis Agreement and the attached Scope of Work and use the vehicles only 14 for the purposes described in the attached Exhibit A, Scope of Work. 15 26.2 Reimbursement by Claim for Equipment 16 Unless otherwise provided for in the Scope of Work, in consideration for major and minor equipment 17 acquired by CONTRACTOR to perform under this agreement, APCD/County will pay 18 CONTRACTOR by reimbursing CONTRACTOR for such equipment acquired and for actual 19 expenses of the equipment as stated on each invoice. The amount of each invoice submitted by the 20 CONTRACTOR is subjed to a determination of fair and reasonable price by the Contract 21 Administrator. 22 26.3 Withholding of Payment 23 APCD/County may withhold 6nal payment until the 6nal reporl required under this Agreement is 24 received and approved by APCD/County. APCD/County may also withhold payment where 25 CONTRACTOR is in non-compliance with this Agreement, but must release payment otherwise due 26 to CONTRACTOR upon CONTRACTOR taking the required steps to complete compliance. 27 IIIII 28 21 NO¥94. R~ J.n1;l,1995. an 20. 1'0'95. \CYllpcer.'.(:II1 Page 13 of 16 pr //F/J --_._---_._.._._~_.._----~~.-.-.__.__._- __ - ~,._____~__ ____.n.n._.__u_ ___._._~.____.___ _...____.~_ 1 n DlSALLOWA \;CE 2 In the event CONTRAcrOR claims and receives payment from APCD /County for reimbursement of equipment 3 which is later disallowed by the APCD/County, CO!,-'TRAcrOR shall then promptly refund the disallowed 4 amount to APCD /County upon request. Such disaIIoWBDœ shall be reasonably based upon the fact that such 5 expenditure is determined not to be pcrmitted under the t= and conditions of this Agreement. At its option, 6 the APCD /County may offset the amount disallo"''e<l £rom any payment due or to become due to the 7 CONTRAcrOR under this Agreement or anolh<r agreem"L Similarly, a disallowed agreement may be offset 8 against the AgreemenL 9 28. FULL COMPEI'SATION 10 Pending any cost adjustments, each claim so approved and paid sball constitute full and complete compcnsation 11 to CONTRAcrOR for tbe pcriod covered by tbe daim_ It is expressly understood and agreed that this 12 Agreement constitutes the enlire agreement of C01'oTRAcrOR and APCD/County and in no event shall . 13 CONTRAcrOR be entitled to any compensation, benefits reimbursements or ancillary services other than as 14 herein expressly provided. 15 29, PARTL~L PERFORMAI':CE 16 In tbe event that all of the necessary equipment is not acqtili<d in a propcr and timely manner, CONTRAcrOR 17 shall be paid only the reasonable value of the equipment acquired during the payment pcriod as determined by 18 APCD/County's COTR, 19 3(t RETE~TIO" OF FUNDS 20 The CONTRAcrOR and any and all Subcontractors shJJl be required to retain all financial records and 21 administrative documents, in accordance with Paragraph 18. _~udit and Inspection of Records, and in accordance 22 with applicable APCD /County, State, and Federal statutes, rtgulations, ordinanccs and policies. All such records 23 shall be returned to the APCD/County should CONTRACTOR become defunct or close doing business, prior 24 to limitations set forth in such statutes, 25 PART III - REPORTI"G REQUIREMENTS 26 31 INVOICI"G 27 The APCD /County inlends to make paymenls on grant elipble items and activities upon receipt of invoices as 28 .21 NoY 901, Re¥iIred JaR 9. 1W3. Ju JD. 1995, \CYapCIf'S'Y.m1 Page 14 of 16 ~ /1-20 1 provided for in the Scope of Work, CONTRACfOR should attach all necessary receipts and other expenditure 2 documentation with their invoices. APCD /County reimbursement to a grantee will be made on submitted 3 invoices. 4 32 FINAL REPORT 5 32.1 A final report shall be submitted to the APCD /County within the time stated in the attached Exhibit 6 A Scope of Work. The final report shall include the following: 7 (A) Table of Contents. 8 (B) A summary of the objectives achieved as they relate to the project scope of work. 9 (C) A summary of the activities performed and the total amounts expended on the project. 10 (D) Any findings, conclusions or recommendations for follow-up or ongoing activities that might 11 result from successful completion of this project, 12 (E) A statement, if applicable, of future intent of the public and/or private support to maintain or . 13 further develop the project. 14 (F) A request for final payment where applicable. 15 (G) A consolidated list of subcontractors, funded under the Agreement (in part or whole). Include 16 the name, address, concise statement of work performed, time period, and dollar value of each 17 and each subcontractor's business representation as to ownership (e.g., Minority- or Women- 18 Owned Business Enterprise status). 19 (H) A summary of project successes. Provide measurable results (number of gallons of gasoline 20 not consumed or displacement of gasoline vehicles and reduced trips or emissions). 21 (I) A summary of project failures or shortcomings, reasOns and necessary remedial activities. 22 32.2 Review comments shall be prepared and transmitted by the APCD/County to the CONTRACfOR 23 within seven (7) working days of receipt of the draft version of rhe Final Report 24 (A) After incorporating the APCD/County's comments, the CONTRACfOR shall submit to the 25 Contracting Officer's Technical Representative or his designate five (5) copies of tbe Final 26 Report no later than thirty (30) days after receipt of the APCD /County's comments. 27 (B) The APCD /County reserves the right to use and reproduce all reports and data produced and - 28 21 NOY CM. KIMR'Ó Jlft 9, IW5. Jln XI. 1\I9S, \c:vaIM:11:t'\1.t'nl Page 15 of 16 ~ 1/~.;2. ) - --_.._---~". '-'--'--"--- _. '. --.,.----..-,-----.."...-----.----.-'--.-.--"-..- ---.-...---. 1 delivered pursuant to this Agreement, and reserves the right to authorize others to use or 2 reproduce such material. 3 (C) Failure to comply with the reporting requirements specified above may resuh in termination 4 of this Agreement or suspension of any or all outstanding payment requests until such a time 5 as the CONTRAcrOR has satisfactorily completed the reporting provisions. 6 33. SEVERABILITY 7 Should any pan of this agreement be held to be invalid by a court of competent jurisdiction, the remainder of 8 the agreement shall be considered as the whole agreement and be binding on the contracting parties. 9 34. GOVERNING LAW 10 This contract shall be construed and interpreted according to the laws of the State of California. n 35. AGREEMENT 12 This Agreement, including the exhibits attached hereto, constitutes the entire agreement by and between the . 13 CONTRAcrOR and the APCD/County with respect to the equipment and services described herein and 14 supersedes all other additional communications, both written and oral. Both parties by their authorized 15 signatures, acknowledge that they have read, understood and agree to all the terms and conditions of this 16 Agreement. 17 IN WITNESs WHEREOF THE COUNTY AND THE CONTRAcrOR HAVE EXECUTED THIS AGREEMENT ON JANUARY _, 1995 18 19 FOR THE CO~'TRAcrOR FOR THE APCD & COUNTY: 20 21 By: SHIRLEY HORTON, WILLIAM L. NAPIER Mayor, City of Chula Vista Contracting Officer and 22 Director of the Office of Purchasing & Contracting 23 Approved as to form and legality Approved as to form and legality 24 ~COUNSEL 25 By: ,( ú7~ Bruce M. Boogaard, Deputy 26 City Attorney 27 28 II Nartr 0., Re¥iIed"" 9, i~..IaD 20. 19115, \~.œI Page 16 of 16 ~ )/<.2';;" , ,- ..-' -- - - . SCOPE OF WORK City Contract Barbara Bamberger, Environmental Resource Manager, City of Chula Vista 691-5296 Electric Vehicle Shuttle Scope of Work . SCOPE OF WORK - ELECTRIC SHUTTLE TOTAL FUNDING: $20,000 , . I. Introduction The City of Chula Vista was allocated $20,000 from AB2766 funds by Board action on August 9, 1994 to purchase a locally produced electric shuttle van. The City also has been awarded a contract froni the State Petroleum Violation Escrow account for an additional $ 1 0,000. The City will purchase one electric minivan with these funds. The shuttle will serve the City's Tefecenter Project, which also Is co-funded by APCD. . II. General Approach The City will purchase an electric van that has been converted by a local company, ELECTRUK. This will assist In the development of a local market for electric vehicles and provide a clean non-polluting means of transport to the City's telecenters. The van will transport telecommuters and other telecenter users to and from both the downtown and East H Street locations. . The van to be converted Is a 1989 Ford Club Wagon. ELECTRUK will remove d,e 7.5 liter engine, estimated by EPA to achieve a fuel economy rating of 8 miles to the gallon, the automatic transmission, radiator, gas tank and exhaust system. The converted van will ..compiywith the requirements of the Americans with Disabilities Act (ADA). The City will Install its Smog Busters' electric vehicle logo on both sides, and assume responsibility for all fuOJre maintenance. Iii. Personnel There will be no personnel costs directly associated with the funding. All funds will go toward the purchase of the vehicie. IV. Management Structure - The Environmental Resource Mana4er will oversee operation ~f the shuttle, with assls~nce from Chula Vista Telecenter staff and the Public Works Department and coordinating with San Diego Urban Corp to provide drivers. If a deal is developed with Urban Corp., they will become Involved In tI,e routing, shuttle scheduling and maintenance. - /' . ~ /1",25 ., -_.....- ' . -.--- - _._-_.._----,~.,-~--_.__._~-_..-- -- ---.---.------'..'--.--. . V. Equipment or Goods to be Obtained The vehicle to be purchased is a 1989 Ford Club Wagon that has been completely retrofitted as a state'of-the-art electric shuttle. The vehicle has a gross vehicle weight of 91 00 lbs. The vehicle wiii be retrofitted with the following componenu: . · Two CARB certified number five (5) electric conversion klu, (rom KTA Services. Each kit conslsu of a 27-70 horSepower direct current motor, manufacwred by Advance DC Motors. · A 200 amp direct current controller, manufactllred by Curtis PMC · Activation and reversing contractors, manufac;tured by Curtis Albright · Lead acid batters, 97% recyclable, manufactured by US Battery · Dual motor mechanical direct drive system, manufacwred by ELECTRUK · A non-chlorofluorocarbon air conditioner (CFC free) · Sensors, limit switches, circuit breakers and electrical Instrumentation · Hydraulic wheelchair lift platfonn · Vacuum system for power brakes · DC to DC converter to power accessolies · Battery chargers The electric shuttle has a canying capacity of eight passengers, including one wheelchair. - The electric shuttie will be maintained by the City's Public Works Transit staff. The vehicles comes with a six year or 60,000 mile bumper-to-bumper warranty from ELECTRUK which includes parts and labor on all vehiçle components, with the follow exceptions: · 4 year warranty on propulsion and auxiliary batteries . · 3 year warranty on air conditioning, power locks and power windows · I year tire rotation and alignment · No warranty on upholstery, paint, carpeting, light, windshield wiper blades, tires, brake pads and interior and exterior aim - . First year maintenance is Included in purchase price. Continuing maintenance can be purchased from ELECTRUK at $1,200 per year for an addition five years. Specifications for the electric shuttle are as follows: Vehicle: Converted 8 passenger minivan, one wheelchair restraint system with wheelchair ramp Top Speed: SO miles per hour Range: SO miles· by employing opportunity charging system, the vehlcie can travel 5-6 round aips to Eastlake from Ihe telecenter per day. . Charging: 2·4 hours using an automated "electric ýehicle refueling system" (i.e., opportunity charging) Batteries: US Battery Motor: 27;70 horsepower direct current motor. Advance DC Motors " - . ~J/~~? " Delivery of the vehicle is anticipated within 2-4 weeks of Council approval of the contract between the County and the City of Chula Vlst2. VI. Improvement of Air Quality and Measurement of Cost Effectiveness The City will maintain a log of all trips, Including the number of passengers carried, and miles traveled. From that log, vehicle emissions will be calculated and reported to the APCD every six months for the first year, and annually thereafter for three years. · 6 gm/m! hydrocarbons · 9 gm/ml Carbon Monoxide , · 2 gm/mi Nitrogen Dioxide Emissions reduced per 15,000 miles is: · 135 Kg CO · 9 Kg of hydrocarbons · 30 Kg NOz Emissions reduced per 6 year life span: . · 810 Kg of CO · S4 Kg of hydrocarbons · 180Kg NOz The" estimate of emission reductions is based on nonnal running conditions and will not Include cold starts. This will result In a conservative estimate. . .----.- . t I - - ~ /I~.) ? .. . -----~"--_."-_..._.._..._.__.__...... ----"-..-.-- ,. - -----,._-"----- 1 EXHIBIT B The County of San Diego Contracting Manua~ January 1982 Ed., Pan 1-8, Termination of Contracts, Pages 189 2 through 207 inclusive. 3 4 5 6 7 8 9 lO 11 12 . 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21 NO¥ 1)1I, ReviKd bn 9. 1995. Jan1D. 1995, \~.cnl ~ //~ø2r _._--"- -----,-_._~"-------_.--,._----- J PART 1-8 'tERMINATION OF CONTRACTS 1-8.000 Scope and applicability of part. ea) This part sets forth polici.s and procedures relating to the co.plete or partial terœ1nation of contracts for tbe conv.nience of tbe County or for d.fault. and s.ts forth policies and procedures relating to the s.ttle- . ..nt of claims arising th.refrom. eb) This part applies to contracts which initially or by amendment provide for t.rœ1nation for the convenience of the County or for tbe d.fault of the contractor. However. to the extent that clauses actually used in contracts are inconsistent with the provisions of this part. the provi- sions of the clauses actually used sball control. Where a t.rœiaation for conv.nienc. claus. bas not b.en included in a contract. this part -y also be used for guidance in negotiating a settlement agr....nt. or in aaking an equitable adjustment. . ) . . ) 189 , . 0 11'-~1 1M ----- .~. -. --._~--- - -.--._~ ------"._- ------.----.'"-. -_..~---_._--- . SUJlPAll.T 1-8.1 DEFL'nTION OF TERMS ..... 1-8.101 Def1n1t1ous loa uaed 111 thi. par~. the follow1llg t.rma bav. the _an1D&. atat.d, (a) -Continued por~1oa of tb. coatract' ..aus that port1oa of a par~1ally Ca~aated concract which nlates to work or .Dd it... DOt alr.ady co.pl.ted aDd acc.pted prior to the .ff.ct date of t.ra1Dat1on aDd which the con~ractor -.t cocrt1llue to p.rfona. (1)>) -Contrac:or inventory' ..aus (1) aay propany acquired by aDd in the po.....1on of a contractor or .ubcoatractor (1Dclud1llg CoUDty-fum1.hed pnper~y) WIder a coatract pur.uant to the t.rma of which t1tl. 18 ..sted 1A the County. aDd in eK." of the UIOWiU aeeded to co.pl.t. full pesofonlaDC. uDd.r the .DUr. coatract aDd (2) aDY prop.r~y which tb. . County 1. obl1cated to or baa aa opt1oD to taka ov.r uDd.r any type of _tract.. a n.ult eith.r of &IIY chanC.. 111. the .pac1f1cat1oD. or pl&ll. ther.uDd.r or of the t.ra1aat1oD of .uch cODtract (or .ubcoatract ther.uDd.r). prior to co.pl.t1oa of th. work, for tb. coav.D1.DC. or at the opt1oD of th. CoWity. . (c) -Effact1v. date of t.ra1aat1oD· _n. the dat. UpOD which th. DOt1c. of Carmiaat10D f1r.t r.quir.. tb. cODtractor to .top parfonlaDC.. 111. whole ft 111 part. uDd.r ch. cODtract. U. bow.v.r. the t.ra1aat1oD DOt1c. 18 rec.1ved .ubeaqu.nt to the date fixed for C.ra1aat1oD. th.D the eff.ct1ve date of t.rmiuat1oQ Daan. ch. date pD vb1ch th. DOt1e. 1. r.c.1v~. ¡ (d) ~t.r1al- _DB prop.rry which ..y b. incorporated into or attached to - .Dd 1~_ to be del1vend WId.r a CODtract or vb1ch ..y be coI18u11ad or expcaded 1D the p.rformanc. of a cODtract. It 1nclud... but 1. DOt l1a1ted to, nw aDd proc...ed at.rial. pan.. coapount.. ....lIbl1... aDd ....u tools aDd suppU.. wbich ..y be colUiUllad 1D aoraal .... 1D th. perfonlaDC. of the cODtract. . . (.) -OCher work- _aus &I1Y curr.Dt or .chedul.d work of tb. coatractor. whether CoWi~y or co...rc1al. oth.r th.D work r.lated to the t.ra1Dated _tract. (f) -~ coDtract' ...us &IIY coDtract .. defined 1D 1-1.208 .Dt.nct into by the CoUDty. (8) -Settl_~ agr....Dt· _us a V'dtt.D agr._t. 111. the fona of aD "'¡".Dt to th. contract. beCWHD the contractor aDd the CoUD~y a.t~l1llg all or a .everabl. por~1oD of a aettl...Dt proposal. (b) -Seeel_Dt proposal', _.D. a t.1'IÚaat1oD cla1. auba1tted by a coatractor ft .ubcoDtrac~or 111 the fora. .Dd supported by the data. nqu1nd by th1a P~. (1) -Termiaat1oD claim- _us aDY cla1. by a cODtractor or .ubcoDtractor, permitted by the t.rm. of a pr1.. cODtract. for eo.p.n.at1oD for che tera1nat1oD, 14 whole or in part. of the pr1me coatracc or a subcoDcracc .. 190 . ~;F;SO ) ~hereunder, and any o~her ~la1m wh1~h ~h1s par~ au~hor1zes ~o be asser~ed and ae~~led in coanec~1on w1~h a ~erminat1on ae~~lement. (j) ~Termina~1on inventory~ means any items of physical property purchased, supplied, ..nufactured, furnished, or o~herwise acquired for performance of the terminated con~ract and properly allocable to the terminated portion of the cOlitract. Tbe tel'1l do.. DOt include, any facilities, ..terial, production or other equipment, or apecial tooling, which are' subject to a aeparate contract or a apecial con~ract provision loveming the use or disposition thereof. Tel'1lina~ion inventory ..y include contractor-acquired proper~y and County-furnished property. (k) ~Terminated portion of the contract~ m.aua that portion of a terminated contract which relates to work or eDd items DOt already completed aDd accepted prior to the effective date of termination and which the contractor ia DOt to continue to perform. . ) . ) - 191 ~ //- J/ - ----.-.------ ~_.-~~_..~--- - - SUBPART 1-8.2 GENERAL PII.INCIPU:S APPLICABLE TO TIlE TERMINATION FOil. CONVENIENCE AND SE'l"rL.EMENT OF CONtRACTS. 1-8.200 Scop. of subpart. this .ubpart 1-8.2 deals vith S.D.ral pr1DC1p1.. applicable to the t.ra1øat10ft . &lid to the ..tel_Dt of fizeti-price type cODtracta tera1øated for the COD".D- 1.DC. of the Couuty. Add1t1cual pr1DC1ples appl1cabl. to the e.ttlemeDt of f1zed-pric. typ.. of cODtraets, t.na1D&ted for coD"eo1eøc.. are ..t forth 10 Subpart. 1-8.3 aad 1-8.4, re.pect1"ely. 1-8.201 Geøaral. (a) Contracta .hall b. t.ra1øated for the con".o1.øc. of the CoW1ty vhen it is d.tera1Ded that such action is 1D the b..t iDt.rest of the Coomty. As a p_ral policy. 0111y OZI1laceral t.ra1øati01!. by the CoU1!.ty .hould b. 1ZIclude4 10 cÒ1!.tracts. , To pera1t the CoDtractor to t.ra1øat. a C01!.tract at his CODYeDi.IIC. 1. to .acoung. oaader-b1dci1Dg or "Doay-iDs" VheD the Co1!.tractor d.t.ra1_. h. caDDOt perfor. for prices bid or .greed to 1D the C01!.tract. ~.pt101!.S to the s.neral policy UDd.r vhich . contract C01!.ta1u a _tUaJ. -r.ra1l1&t101!. for Co1!.v.o1.øc. cla.... .....t b. fully ezpla1øed, doc_nt.d aad specifically .ppro"ed by the Depart_nt Bead. . (b) A vell-drafted t.na1D&t101!. for C01!.".o1.nc. cla.... d.fiDss the rights of the CoU1!.ty aad of the contractor in a t.rœ1øat1on of the contract for the co1!.v.Di.øc. of the CoU1!.ty aad prov1d.s for the ..ttl...nt of claims m.r.uDd.r. Thua, the c01!.tractual right to t.ra1l1&te a cODtract for the 'CODveDi.øce of the Couuty aad to 1Uk. . ..ttl_Dt agre._nt is bued on - : _h a d...... Bov....r. the pover of a cODtract1nl acU,,1ty to issue a t.na1D&t1oD DOUC. dl>.s DOt d.p.ad 01!. the .nse.lIC. of a t.r1I1øat101!. for co1!.v.Di.IIC~'cla.... 1D the cODtract. III the .b..=. of a t.na1Dat1oD for coDveD1eøc. d...... bove...r, such act101!. -aorlll&lly colUlt1tut.s . breach of coDtract. Such a breach of coDtract ..y subject the CoW1ty to liability for CO_D-law d_p., 1DCludug anticipatory profits, omles. the CoU1!.ty arriv.. at a 901UAtary ..tel...Dt vith the cODtractor. (c) A cootract which 1D1t1ally do.. aot pro,,1d. for terœ1øat101!. for the C01!.veDi.DC. of the Couuty "y.' vith the COD..1!.t of the cODtrac tor. be ...Dåad .1th.r prior to or after tena1Dat101!. to 1øcorporate such . cla..... E".D though a C01!.tract i.-DOt so _Dded, a .ettl_nt agre.ment ..y be .Dt.red 1.Dto afur t.ra1øat101!. of the contract. 1-8.202 Sot1c. of t.r.1øat10D. (a) CoDtract. .hall be t.rœ1l1&ted for 001!....o1.=. o1!.ly by a vr1tt.1!. DOt1c. to the cODtractor .tat1DI: (1) That the C01!.tract 1& be1DI t.r.1øaud for the coo".o1&=e of the CouDty (c1t1DI the .ppropr1at. CODtract cl...... if .DY. .uthor1z:1Dg _h t.ra1øat101!.); '" 192 - J:¥ )1 "'.J:< (2) Tbe effective date of termination; (3) The extent of termination and, if a partial ter.ination, the portion of the contract to be continued; and (4) Any .pecial instruction.. (b) A copy of the notic. of··termination .11&11 b. .ent to each known a..igne., guar~ntor, or .ur.ty of the contractor. 1-8.203 Hed\od. of .ettl_ent. S.ttlement of con~ract. terminated for convenienc. ..y b. effected by (a) negotiat.d agr.ement, (b) d.t.rmination by the contracting officer, or (c) a cOlllbination of these lllethods. Every .ffort .hall be -.de to r.ech a fair and prompt .ettlelllent with the contractor. The negotiated agreement i. th. mo.t exp.ditiou. and mo.t .atisfactory ..thod of ..ttling termination clai.. and .hall he used whenev.r fea.1ble. Settlement by det.rm1nat1on shall b. u.ed only when a term.1nat1on cla1lll caUDOt be .ettled by agr.....nt. 1-8.204 Duties of prillle contractor after receipt of notice of t.rmination. After r.ceipt of the DOtice of termination, the contractor au.t comply with . the termination clause of the contract and the notice of termination, azcept a. otherwiae directed by the contracting officer under the authority of the clau.e. ) The clause and the ,notice gen.rally .hould require, if applicable, among other ~ngs, that the contractor: (a) Stop work on the t.rm.1nated portion of the contract and d1.continue plac- 1I1g subcontracts ther.UDder; (b) Term.1nau &11 .ubcontracts related to the t.rminated portion of the pr1lll. contract. (c) Immediately advis. the contracting officer of any .pecial circum.tance. pr.cluding the .toppage of work; (d) If the termination is partial, 'perfor. the contiuued portion of the contract and subait promptly any request for .quitable adju.tment of the price wth r..pect tò the continued portion of the contract, supported by . .vidence of any 1ncrea.e in the coat thereof; (e) Take .uch action.. uy be uec...ary, or a. the contracting officer ..y direct, to protect and pre.erve property in the po.....ion of, the contractor in vbi.ch the County 1Ia. or ..y acqu1r. an 1nt.r..t and to the .xtent directed by the contractinl officer, deliv.r .uch property to the County; . (f) Prolllptly notify the contractiul officer in writing of auy legal proceed- 1I1g' again.t the contractor growing out of any .ubcontract or other coma:l.tlllent related to the term.1nated portion of the contract; ) 193 P' //<T) - -,~-.-----_.- --~ - ---------,~-_. ..'-,,-.---- (g) Settle all outstaading liabilities and all claims arising out of terMiua- '"' tion of subcontracts, obtaining any approvals or ratifications r.quired by the contracting offic.r; (b) Promptly submit his ova ..ttl.ment propo.al, supported by appropriate achedules; aad (i) Dispose of any t.rmination inv.ntory, .. direct.d or authorized by th~ contracting offic.r. 1-8.205 CQti.s of cOQtracting offic.r att.r is.uaace of notic. of t.~nation. (a) In accordance with the t.rMination claus. in the contract aad with the notic. of t.rmination, the contracting offic.r .hall, if applicable, a.)ng oth.r thing.: (1) Direct the action required ot the prime contractor; (2) lzaaiaa the s.ttl_nt proposal of the prim. contractor all4. when appropriat., the .ettlement proposals of .ubcontractors; (3) rro-ptly negotiat. settlement with the contractor aad .nt.r into a Httl_nt asr._nt; aad . (4) To the .xtent that he is unable to negotiat. ..ttl_nt atter due &lilt dlligent effort, promptly ..ttl. the contractor'. clailll by d.t.rmination. ,/ (b) To expedite settl...nt, the contracting offic.r shall ...k ..siscane. froa specially qualified persocmel (such.. legal, account1ng, iDapect1ng. engineering. &lilt prop.ny disposal personnel). 1-~.206 Fraud or oth.r cr1a1nal coll4uct. . Wbaaever' the contracting offic.r has r...on to suap.ct fraud or oth.r criminal coll4uct in connection with the .ettl_nt of a t.rminated contract, h. shall discontinue all aagotiationa with the contractor all4 shall report the !~ts to the District Attorn.y. 1-8.207 SetU_nt of subcontract claiJu. . 1-8.207-1 Subcontractor'. rights. Unl... oth.rwta. .pecifically provided, a subcontractor has no contractual rights againat the County upon the t.rIII1Dation of a prtae contract. '!:he rights of a subcontractor are againat the prtae contractor or int.rmediat. subcontrac- tor with wboa be has C<)ntrac ted. Upon t.rmination of a prim. contrac t, the pria. contractor all4 each subcontractor ar. responaible for the proapt settle- ment of the t.rmination claiJu of thair immediat. subcontractor.. '. 194 ~ ;/~Ji - 1-8.207-2 Prime con~rac~or's righ~s and obligations. Each ten.1l1&tion for o:onveuience c:1ause provides that. af~er receipt of a DO~ic. of ~sn.1l1&tion. the prime con~rac~or shall (.xcept as otherwi.e directed by the con~racting officer) ten.1l1&~e all .ubcontrac~. to the ex~.n~ ~hat they r.lat. to the p.rformance of any work t.n.1I1&~ed by a uo~ice of ~.rmill&~ion. Prime contractor. .hould. for th.ir own pro~ection. include a ~,rmill&tion c:1auae in their .ubcon~rac~.. The failure of a prime contractor to include an appro- propr1a~e ~en.1l1&~ion clau.e in any subcontract. or to .xercis. hi. righ~. thereunder. shall uo~ (a) affect ~he right of tbe County to require the ~.n.1I1&- ·tion of the subcontract. or (b) incr.a.e the obligation of tb. County bayoue! that vhich VOuld have ari.en if the .ubcontract had contained an appropriate t.n.1nation clau.e. In any such case. the reasoll&bleness of tbe prime contrac- tor'. ..ttlement vith the .ubcontractor .hould normally b. measured by the aggr.gat. amount vh1o:h would be due uue!er .ubparagraphs (1). (2). and (3) of paragraph (e) of the .ugge.~ed subcontract te~nation clause. Il.imbursement in .xc... of that amount .hall b. alloved only in unu.ual ca.... and then only vben the. concracting officer i. .ati.fied that the terma of the subcontract vera negotiated in good faith and did not unrea.onably increa.e the right. of the .ubcontractor. 1-8.207-3 Settlement procedur.. . S.ttlement. vith .ubcontractors shall be made in general confon.1ty vi~h the policie. and priuciples r.lating to .ettlemen~ of prime contract.. ) 1-8.207-4 Delay in .ettlement of subcontractor claims. ! Where a prim. contractor is unable to .ettle with a .ubcontractor and such iDabili~y is delaying the .ettlement of the prime contrac~. tbe contracting officer may se~~le wi~h the prime contractor. excepting from the ..ttlement the I vbole or any part of the c:1aim of .uch .ubcon~ractor and r..erving the righ~. of the County and of the prime contractor wi~h re.pect there~o. , I 1-8.208 Settlemen~ alreement.. 1-8.208-1 General. When a .ettlement ha. b.en negotiated with r.spect to the t.n.1nated portion of a contract and all required revievs have been ob~ained. the con~ractor and tbe con~ract1ng officer .hall enter into a .ettlemen~ agreement. The .ettlement .hall cover (a) any .etoffs and coun~erc:1a1ms vhich tbe County may hav. agains~ the contractor and vhich may b. applied again.t the terminated contract. and (b) all claims of subcontractor. except c:1aims vhich are .pecifically .xcepted from the agr..men~ and re.erved for ..parate .ettlement. 1-8.208-2 No-co.t ..ttl...nt. If no co.ts hav. b.en incurred by the contractor with r..pect to the t.rmill&- t.d portion of the contract or if, the contractor is villing to vaive the cos~. incurred by him and if no -.oun~s are due to the Coun~y under tb. contrac~. a ) oo-cost .e~tlement agr.emen~ shall be execu~ed. - 195 ~ /I/;¡Ç -_.---~.._-,.._,--,_._~._._---_._----_.~-_. . ...~ ".._-_._--_._---_.__.,-~---- - 1-8.:08-3 Partial settlements. Eve~ effort should be &ade by the contracting officer to settle in one asree- 2ent all rights ao4 liabilities of the parties uo4er the contract except those ar1s~s fro. any continued portion of the contract. Generally, contracting officers shall DOt attempt to make partial settl..ents coverins particular ite.s of t:e p~e contractor's settlement proposal. Bowever, when a contractins off1.:er camlOt promptly effect a complete settlement under the te1"11l1nated ,,"n- :rac:, a partial settlement may be entered into 1f (a) the issues on ~hich aar_nt has been reached are clearly severable fro. other issues, and (b) thd par~ settlement would DOt prejudice the interests of the County or the con- trac~r in disposing of the Wl8ettled part- of the clailll. 1-8.208-4 Settlement by deterœ1nation. (a) Getleral. To the extent that the contractor and contracting officer are UDable to agree upon the settlement of a te~ted contract or if a terœ1nat1on claim is DOt sublllLtted within the period required by the teraination clause in the contract, the contracting officer shall issue a deterainat10n of the amount due in accordaDCe with the te~tion clause i: the contract, including any cost principles incorporated therein by nference. The contracting officer shall co.ply with the spplicable provisions of 1-8.208-1 through 1-8.208-3 ..king any such deteraination. . (b) Notice to contractor. Bafore issuing a deterainat10n ot'the amount due the contractor, the contracting officer shall give the contactor DOt less than 1S days' DOtice by certified mail (return receipt requested) to sublllLt, on or before a stated date, written evi~ence substan:1ating the aIIIOunt claimed to be due. (c) SublÚssion of evidence. (1) The contractor baa the burden of establishing, by proof satisfactory to the contracting officer, the amount clai.ed. (2) The contracto~ may sublÚt such vouchers, verified transcripts of books of account, affidavits, audit reports, and other documents, as he wishes. The contracting officer III&Y request the contractor to suba1t such additional documents and data, and may cause such ac- counting, investigations, and audits to be lllade, as he dee.. appro- priate. (3) The contracting officer may accept photostatic or other copies of documents ao4 records, without requiring origiDal documents unless there is a question of authenticity. . (4) If the contractor viahes to confer with the contracting officer, or 1£ the contracting officer wishes additional inforut1on fro.. County personnel or from indepeo4ent experts, or wishes to consult persons whose affidavits or reports have been submitted, the contracting officer may, in his discretion, hold such conferences as he dee.s appropriate. - 196 ~ j/'---Y? . (d) DecerminaC10.... Afcer rev1ev1ng che 1nformat10n .ubm1cced, che concracc- ing officer .hall transmit a copy of his determination to che concractor by cert1f1ed mail (returD rece1pt requested). The letter of trans=1ttal .hall advise the concractor that the determinat10n 1s h1s fiual dec1.10n. In addiCion, che leccer shall scace whecher or DOt an appeal ..y be taken under the D1spuces clause. The determinac10n .hall .ec forch the amount due the cOntractor and .ball be .upported by deta1led .chedule.. additional information. and analysis. as appropriace. AD adequate expla- nec10n sball be g1ven for each major 1cem of d1sallowance. The concract- 1Dg officer need DOt recon.ider (1) any seccl...nt with a .ubconcraccor, (2) any disposition of property. or (3) any other action relat1ng to the terminated portion of the contracc. where such settle..nt. dispo.icion, or ocher act10n bas been previously ratified or approved by h1m or an- other duly author1zed concracc1ng off1cer. (e) Pre.ervac10n of evidence. The contracting officer .ball retain 1n appro- pr1ate file. of the ~oncracc1ng agency all wr1cten evidence and ocher data 01.' cop1es thereof. relied upon by h1m in ulting his deu1"1II1nac10n, ucept thaC copies of ori¡inal books of account need IIOt be ude. Books of account. cogecher wich other or1g1nal papers and documents. .hall be returned to the contractor within a reasonable time. . (f) Appeals. The contractor has a right of appeal, under the D1sputes clause of· the contract. from any .ettl...nt by decermination. ucepc that the ) contractor has 110 .uch right of appeal where he has failed to .ubm1t his .ettlement proposal within the t1me provided in the contract and bas failed to request extension of such time. The pendency of an appeal shall not' affect the author1ty of the contracting officar to .ettle the te1"1ll1nation claim or any part thereof by a negot1ated agreement w1th the contractor at any time before the appeal is dec1ded. 1-8.209 Contracting officer's negotiat10n memorandum. The contracting off1cer .hall. at the conclu.ion of the .ettl...nt negotia- tion., prepare and .ign a memorandum setting forth the pr1ncipal elements of the .ettlement for inclu.ion 1D the contract file and for the u.e of review1ng authorities. if any. If the settlement was negot1ated on the ba.is of indivi-, dual it.... the contracting officer sball specify the factor. considered with respect to each item. If the .ettlement was negotiated On an overall lump-sum basis. the contracting off1cer need DOt evaluate each item or group of items individually, but the total amount of the reco.ended .ettlement shall be sup- ported in rea.onable detail. the _randum shall inclwle explanations of matters as to whic~ differences and doubtful quest10n. were settled by agree- ment. and the factors taken into co..sideration in co....ection therewith. and any other matters which. in the opinion of the contract1..g officer, will a.sist review1Dg authorities. if any. 1D understanding t!o4 basis for the settle_nt. 1-8.210 Payaaent. 1-8.210-1 Fiual payment upon termination. ) (a) Negot1ated .ettlement. At the t1me of execut10n of a settlement agree- ment, a voucher or inv01~e .howing the amount agreed upon, less any 197 ~ )/~}'/ _~__~.u___._·___~'__·_,·_·~_ ......----.....- ___ '0','__"- ____~___________._~__.~_._._~_ . por~1oa pr.v1ously paid, .ball ~. pr.pared aad proce..ed for payseac. A '~ copy of che se~clemeac agree~c .hall ~e ac~ach.d co ~he voucher or 1nvo1.:e. (b) Sectl...n~ by decermiaa~1oa. 1: che evenc of a set~le..nt by decermi- _t1oa: (1) U the cootractor baa DOC appealed cho. decermi:>'\t1n v1th10 the t1Ju . allowed for appeal. a vouc!:.er or tn901ce sbow1ng che 8IIIO..nt so d.t.rmined co b. d.... 1... any port1oo pr.viou-ly paid. shall be pr.pared aad proc.ssed for ¡layment; or (2) U the con~rac:~or baa appealed ch. ci.t.rm1aat1oa. a voucher or 1avo1c. sbow1Dg th. amo..nt finally ci.~.rm1...d 00 .uch app.al ~o b. d.... 1... aay por~1oa pre~ously paid. .hall b. pr.par.d and pro- c...ed for payment. Pend~¡ d.termi_t1on of aay appeal. aD 1nvo1c. or voucher pursuant to (1) of this 1-8.210-1(b)(2) _y b. processed for paysent. v1thout pr.~c. to ~. r1ghcs of .1cher par~y on ch. appeal. (c) In~.r..t. No 1nurest sbalJ. be .¡lU4 by :h. eo..aty 'On the 81110W1~ due uaÄer a ..ttlemea~ agr....nt or a ..~tl~nc by decermiaat1oo. . . 198 '" ~/)~Jg/ - . ! SUBPART 1-8.3 ADDInONAL PRINCIPL.ES APPLICABLE TO THE SETTL£ME:fr OF FIXED- PRICE TYPE CONTRACTS TERMINATED FOR CONVENIENCE 1-8.301 General. (a) A settlement should compensate the contractor fairly for the work done &D4 the preparationa made for the terminated portions of phe contract. 1Dcludinl an allowance for profit thereon which is reasonaù1e ~nder the circumstances. Fair compensation is a ..tter of judgment and canQOt be' measured axact1y. In a liyen case. yarious _thods _y be aqually appro- priate for arriYinl at fair cospensatioft. the application of standards of business judgment. .. distinguished fro. strict acco~ntinl principles, is the heart of a settlement. (b) Tha pri_ry objective is to nagotiate a settlement by alraesent. The partie. partie. ..y asrea upon a total amount to be paid the contractor without alraeinl on or .elresatins tha particular element. of co.ts or profit cosprisinl thi. amount. (c) Cost &D4 accountinl data _y provida guides. but are DOt rilid ....ures. for a.certaioins fair coapeneation. In apppropriata casas, costs ..y ba ..tillated. d1fferellCes cosprolÚsed. &D4 doubtful questions s.ttled by . alr....nt. Oth.r type. of data. criteria. or standard. ..y furnish equal- ly reliable guides to fair cospeneation. The amount of recordkeepinl, reportinl. &D4 accountinl. in connection with the settlement of termina- tion claims. shall be kept to the IÚnimua co~atib1e with the reasonable protection of the public interest. 1-8.302 Allowance for profit. - Ca) General. Profit shall b. allowed only Oft preparations aacie aDd work done by the contractor' for the t.rminated portion of the contract but _y DOt be allowed on the contractor's settlement asp.na... AAticip.tory profits &III! cons.quantial d_I.. .hall DOt b. allowed. AAy r.uonable 1IIethod ..y be useci to anive at a fair profit. separately or a. a pan of the whole ..tt1ement. 1";8.303 Adjustsent for 10... . Ca) In the nagotiation or d.termination of any sett1e_nt. DO profit shall be allowed if it appears that the contractor "Oulci have in.c:uned a loss had the entire contract been coapleted. The amount of 10.. .hall ba Gesotia- teci or cietermined. an4 an adjustment in the amount of settlement shall be aacie e. .pecified in (b) of this 1-8.303. In ..timatinl tbe co.t to co~l.te. con.icieration .hall be liven to expected production efficien- cie. and to oth.r factor. affectinl the co.t to coap1et.. (11) If the e.tt1esant i. on an inv.ntory b.sis Ceea 1-8.304). the contactor ehal1 DOt b. paici eor. tHen the to tel 'of the amount. in (1) throulh (3) b.10w. 1e.s all ciisposal credits and all nnliquidated advance and ) 199 ~ //~;Jí --...----.----.-',...-., . -.....-...-....-.--.--.-.--.-.., .-. .. .. -------_..,.__.-._._,.~----~ prolre.. peyœeD~s previously made ~o ~he COD~rac~or under ~he COD~rac~: '""' (1) The amoUD~ aego~ia~ed or de~e~Ded for se~~lemeD~ expenses; (2) The con~rac~ pri~e, as adju.~ed, for accep~able co.ple~ed end i~e..; aDd (3) The reaainder of ~he ee~tlemen~ amoun~ o~herwise agreed or de~er- 1I1Ded . 1-8.304 Se~tl_nt proponls. 1-8.304-1 Subais.ion of .ettlement proposal.. (a) Subject to the provisiona of ~he ~e~na~ion clause in ~he contrac~, ~he contractor sball proaptly subait ~o ~he cOD~rac~inl officer a se~~lemen~ proponl settinl forth the amount claimed to be due by reasoå of ~he ter.1nation. The proposal sball be suba1~~ed wi~hiD 90 days af~ar the effacti.e da~e of ~he ~e~nation or withiD one or DOre extensions ~here- of granta4 by the contractiDI officer. · (b) tbå .ettl_nt proponl shall co.er all elemen~s of ~he con~ractor's . clata. tDclud1l11 settl_nts with subcontractors. With the consent of the contract1l11 officer, proposals _y be fUed iD successi.e steps CO.-rinl separate portions of a clai.. Such interi. proponls sball 1Dclude all costs of a particular type, except as the contractinl officar _,. authorize otherwtae. 1-8.304-2 lasis for settl_nt proposals. - (a) Geaaral. The preferred accountinl basis for prepariDI the settlement proposal 1a the 1I1ftDtòry b..is. siaee the contractor _t cOlÇUte and -- set forü cost. applkable to,thet po\'tion of the contract wb1~h is · t:eraiDatad. 110"9&\' , if costs are so recorded in the cont%actor's boob .. to aake it t.pos.ible to separate costs between co.pleted GD1ts and _rlt 111 proces.. it v1ll DOt be possible to Wle the in....nto\'y ba.is; in vtd.ch c... the cOl1tractiq officsr ...y approve the total coet b..is, wb:Lch 1a a lIO\'e 1DÅirect method of arriving at the COl1t\'&Cto\"s costs, applicabla to the tena1nated po\'tiOl1 of the contract. Tenaination claims sball DOt be subIa1tted 011 any basis other then the 1I1....l1tor,. aDd total coet b..... (b) IAftncory basis. (1) UDder the iDftDtory b..is the contractor shall clata oal,. costs charauble o\' allocable to thet portion of the contract wb1~h 1a · tel'\d.nate4. and the settl_t proponl sball itn1ze ..parately; . (i) At purcha.e or II&nufactu'dnl cost, each of the follow1DI' . _tals, raw _terials, purc:hasa4 parts, wo\'k in proc:e.., f1D1shed parts, co.ponents, die., jil" f1zt:ures, and tool1nl; 200 ~ //~ý¿} · (H) Charles such as engineering costs, initial costs, aDd general aDd ad:ú:ústrative costs, (Hi) Costs 0: settlements with su~ontractors; (iv) Settlement expeuses, aDd (v) ~her proper charges. (2) An allowance for profit or adjustment for loss shall be sade to complete the r-o" ter1Ûnatiou claim. All unliquidated advance aDd progress payments, and all disposal aDd other credits kuown when the proposa..l is su:.dtted, shall then be deducted. (c) Tou.l cost basis. (1) When uae of the iøventory basis is not practicable or will uuctuly dalay settlement, the total cost basis may be used if approved in advaDee by the contracting officer. (2) Wheu the, total cost basis is used UDcler a complete termination, all costs 1:Icurred uucler the contract up to the effKtive date of termi- nation shall be itemized and the costs of settlements with subcon- . tractors aucl applicable settlement expenses shall be added. AD allowance for profit or adjustment for loss shall be sade. The contract price for all eucl it.... wlúch have been or are to be deli- vered a=ã accepted shall be deducted. All uD1iquidated advance payments, unliquidated progress payments and disposal aucl other credits kuowu wen the proposal is submitted shall also be decluc ted. (3) When the total cost basis is used under a partial tendnation, the settl_nt proposal shall uot·be submitted until coapletion of the continued por:~n of the contract. The settlement proposal shall be prepared in accordance with (2) of this subpart, except that all costs incurred to the date of completion of the continued portion of the contrac: shall be included. 1-8.305 ~tation on .e::lemants. Ezclusive of settlement :osts, the total amount psyable to the contractor ou account of a settleDent, vhathar through negotiation or by detendnation, shall !lOt ex.ceed the total contract price u reduced by the .-unt of payments other- vise made and as further reduced by the contract price of work not tendnated. . J 201 pIf1 //- 1// --,-,,_.._.._._~_..~-_.~--~_. ---'-~"-"------'-'-'~---"'.'-'"- ..'-- "-------_.-- SU1IPAAT 1-8.4 TElUUNATIOII FOB. DEFAtJ1.T -, 1-8.400 Scope of subpart. This subpart .ets fortb polic1e. and proc.dures for tb. ut1l1:at1on and appli- cation of tb. d.fault claus.. 1-8.401 General. · (a) T.ra1nat1on for d.!ault is gen. rally tb. .x.rc1s. of a contractual r1gbt of the Counry to t.rminat., in vhol. or in part, tb. contractor'. r1gbt to proc..d by r.a.on of hie failur., actual or anticipatory, to parfors his ob11¡&t1on. und.r the contract. (b) U tb. contract provid.. for its t.rodnation for conv.ni.nc. of the County and 1f, &tt.r 1ssueDe. of a DOtic. of t.rodnat1on for d.fault, it 18 d.t.ra1nK for any nason that, under the provisions of the clau.., the contractor vu DOt in d.fault or that the d.fault vu .xcusable, each of the clauses provid.. that the aot1c. of t.rm1nat1on .hall b. daamad to heve b_n isSUK under the t.ndnat1on for convenience provision. of the contract, aad that the rights and obligation. of the part1.. .hall be · ¡øvenad accordingly. . (c) Nocvithetanding the provisions of (b) of 1-8.401, the contract _1 be r.instatacl by mutual agr....nt vh.r. the contracting off1c.r d.t.ndna. that such reinstatement is in the b..t 1nt.r..t of the County. (ct) In ado!1t1_ to the t.ra1natiou righn aad r....t1..' proY1dad 1u the coutract ~e., the County ...y in appropriate ca... pur.... t.ra1Dat1ol1 or .:aDC.Uation· rights and r....,¡1.. providacl by lav or by oth.r claus.. of the contract. 1-8.402 Default tara1l1atiou of f1sacl-prlc. supply coutracts. . · 1-8.402-1 'the County'. ri¡h:. to t.raiDat. for 4efault. , Ua4ar coutracts coutainin¡ the 4.fault claus. 'the County baa the right, sub- ject to DOt1c., to t.ra1l1at. the whol. or any part of the coutract for default 1f the coutractor (a) fail. to .ak. 4.livery of the .upp11.. or to p.rfors the ..rvic.. vtthin the tiM .peclt1ac1 in the contract, (b) fail. to parfors auy oth.r provi.1ou of the cOl1tract, or (c) fails to .a1r.a progr... eo a. to .ndaug.r padormaac. of the col1tract. 1-8.402-2 Effect of t.raiDat1ou for d.fault. . (a) Uad.r a t.r.1Aatiou for 4afault the Couuty 1. DOt l1abl. for the contrac- . · tor'. coats ou undel1v.racl work, and 1. .ut1tlacl to the rapaymeut of any adV&DCa paymeut. aDd of any progra.. payments appl1cabl. to .uch work. The Couuty _y elect, pursuant to the 4efault clause, to require the col1tractot to transf.r titl. and 4el1v.r to the Couuty co.pl.t.d .uppl1e. and mauufaccur1ng mat.r1als, 1n the manner and to the .xt.nt 4ir.ctacl by the contracting off1c.r. Th. contracting offic.r .hall DOt u.e the 202 ~ //-1/02- · default clause as authority to acquire any completed supplies or manufac- turing materials upless he has made certain that the County does not already have title thereto under aome other provision of the contract. In the event manufacturing materials are to be acquired by the County under the authority of the Default clauae for the purpoae of furnishing the materials to any other contractor, the contracting officer ahall take such action only after living due consideration to the difficulties that such contractor may encounter in awkinl use of the materials. (D) The County shall pay to the contractor the contract price for any coœ- pleted aupplies, and the amount alreed upon by the coòtracting officer and the contractor for any manufacturing materials acquired by the Co'unty pursuant to the default clause. (c) The contractor is liable to the County for any excess costs for aupplies and aervices procured, and for any other damagea, whether or not repur- chase is effected. Bowever, where the failure to perform arises out of causes which are excusable under the clauae, the contractor shall not be . lisble for any exeess costs. 1-8.402-3 Procedure in case of default. . (a) The default clause covers sitautions where the contractor has in fact . defaulted by failure to make delivery of the supplies or to perform the service within the time specified by the contract or any extension there- I of. In such situations, no, notice of failure by the contractor or of the possibility of termination for default is required by the teras of the clause to be sent to the contractor prior to the actual notice of termi- nation. Bowever, if the County bas taken any action which mght be construed as a waiver of the contract delivery or perforœaDCe date, a preliminary DOt1ce ahall be sent the contractor aett1ng a new date by which the contractor vill be permitted to make delivery or complete performance, raservinl the County's r1lhts uDder the default clause. Dependent upon the circumstances in each case, such a prel1a1nary DOt1ce (1) shall call the contractor's attention to his contractual liabilities should the contract be terminated for default under subparagraph (a) (1) of the clause, (2) may request an explanation of the contractor's failure, (3) may state that failure of the contractor to present such explanation may be taken as an admission that no valid explanation exists, and (4) may invite the contractor to discuss the matter at a .:ouf.r.~e. (b) The default clause covers situations in which the contractor fails to perform any of the other provisions of the contract (such as GOt furnish- 111g a required patformance bond) or ao fai].s to make progr..s as to endanger performaftl:e of the contract in accordance with ita terma. In either of such situations, the contracting officer ~t formally DOtify the contractor of such failure and allow at least ten days for cure of the failure before issuing a termination notice. Such notification shail set forth in coftl:ise but complete form all of the provisions of the contract which the contractor has failed to meet, or a aummary of the i findings which bave demonstrated that the contractor has failed to make acceptable progress in the performance of the contract, or both. The - 203 ~ //'y; ,_.~,-_._---_.._...- ---_._---_..._------~ - ., , .x~.n~ of deta11 to be 1ncluded will vary d.p.ad1nl upon the nature aad amount of pr.v10us ~orr..poaden~e with the ~oQ~ractor; but any .u~h pr.viou. ~orr..poadence re11ed upon .hall b. .pec1f1~ally r.l.renced 1n the pr.l1m1oary QO~1~e. th. prel1m1nary QOt1~. (1) .hall .tate that a nøt1~e of t.rmiaat10n for d.fault _y be 1..ued upon exp1rat10n of the t.n-day (or lonl.r) p.r1od unle.. the fa11ur. to p.rform or to make ad.quate prolr... toward p.rfor_nce baa b..n eur.d, (2) .hall ~all the co~tractor'. attent10n to h1. ~oQtra~tual 11ab1l1t1.. 1n the event the contract 1. termiaated for default, (3) .hall r.qu..~ an .xplant10Q of ~ ~ontractor'. failure to p.rform the ~ontract, (4) _y .~ate tha~ failure ot the contractor to present .uch .xplaaat10n ..y betakan a'. an adœ1s.10n that no val1d .xplana~10n .x1s~s, and (5) may 1nvi~. the contrac~or to d1s~us. the _tt.r at a ~onf.r.ac.. (c) Th. contract1nl off:l.c.r .hall ~on81der the. followUI fac~on, 1n det.rmin- UI wheth.r to t.rmiaate a contrac~ for d.Iaul~: (1) Th. provis1ana of the contract aad appl1cable law. aad r.gula~10n.; (2) Th. .pecif1c failure of ~he COQtrac ~or aad ~he .:ze....., 1f "'y, tUd. by the ~ontr~tor for .uch fa:l.lur.; . · (3) Th. ava:l.1abUity of the suppl1es or ..rvice. fro. o~h.r .ources; (4) Th. url.ncy of the aaed for the supp11.. or .ervie.. and the p.r1od of tta. wh:l.ch would b. r.qu1red to ob~a1n the supp11es or ..rvic.s fro. oth.r sourc.. as co.pared with the t:l._ 1n wh:I.ch d,al1.~ry ~ould be obta:l.ned fro. the del1nqu.nt contractor; (5) Th. d..r.. of ....nt1elity of the contractor 1n the Coomty procure- ..nt proar" and the effect of a teroa:l.aa~10n for d.fault IJpon the. contractor'. eapab1l1ty .. a supp11er UDd.r other contract.; (6) Th. effect of a t.rtl:l.aat10n for d.fault on the abU1ty of the con- · tractor to l:l.quidatÍII ·auarant.ed loan., proar..a pa".eut., or advance paysenu; (7) Th. ava1labU1ty of fUDd. to f:l.aanc. repurcbaa. coe~. wh:l.ch ..y prove to be ulICollectable fro. the defaulted cOQtrac:tor, and the ava:l.labU1ty of fUDds to f:l.aanc. t.rtl:l.aat:l.oQ cost. 1I the default 1. detertl:l.n.d to be e:zeuaabl.; and . (8) Any other pert~t facts and c1rcuastallCe.. (41) When the contract1nl off:l.c.r ðet.rmine. that tertl:l.oat10n for d.fault 1s proper, he .hall :I...ue a not:l.c. of t.rtl:l.oat:l.on vb1ch .hall: · (1) S.t forth the contract lWIDber aad ðat.; (2) De.cr:l.b. the act. or oa1..1ou. con.t:l.tut:l.nl the d.fault; - 204 - ~ J/-f( · ) (3) State that the contractor's right to proceed fu~her. with per~or- manee of the contract (or a specified portion of tbe contract) is terminated; (4) If the contracting officer has not determined .wbether the failure to perform is excusable, Itate that the supplies or lervices ter21nated may be procured against the contractor's account, and that the contractor may be beld liable for any e~ell CoStl; (5) . If the contracting officer has determined that the failure to per- form is not excusable, state that the notice of termination consti- tutes sucb decision and state that the contractor will be held liable for any excess costs, and also state that the contractor has the right to appeal such decision under the Disputes clause: (6) State that the County reserves all rights and remedies provided by lav or under the contract, in addition to charging excess COI:S; and (7) State that the notice constitutes a decision that the contractor is in default as specified and that the contractor has the right to appeal under the disputes clause. . (e) The same distribution shall be made of the termination notice as Val made ) of the contract. In addition, a copy shall be fu~shed to the surety, if any, and the procuring activity's fiscal office shall be advised to withhold tu~her payments under the terminated contract pending addition- al instructio~s vhich shall be given when lufficient information il available. (f) If the contracting officer determines before issuance of tbe notice of termination that the contractor'l failure to perfora arose fro. causes beyond lùs control and without his fault or _¡ligenee and that termina- tion il in the best interest of the County, the contracting officer ehall either teminate the contract for convenience vhere the contract contains a termination for convenience clause or terminate the contract for default, without asses.ing esce.s costs, wbere the contract does not contain a termination for convenience clause. . (g) If the contracting officer hal not been able to deteraine, prior to issuance of the notice of termination, wbether the contractor's failure to perfora arose frolll causes beyond his control and without his fault or ne¡ligen.:e, he shall make a written decision on that point as loon as practicable after issuance of the notice of teoa1nation. Such decilion shall be delivered pro.ptly to tbe contractor witb a notification that he has the rigbt to appeal the decision as specified in the Disputes clause. I ø jl--'Iç --- - ~ -- ---~~------- · . . 1-8.402-4 Procedure in lieu of ter~nation for default. The folloving course. of action, among others, are available to the contract- ing offic.r in lieu of termination for default, when in the ~est int.r.st of the County: (a) Permit the contractor, lùs sur.ty, or lùs ¡uarantor to continue perfor- 1II&nC. of the contract .under a revised d.livery Khedule; · (b) Permit the contractor to continue perfor.&DCe of the contract by ...ns of ·a subcontract or otb.r business arrang..-nt with an acceptable third party, provided the rights of the County are ade<¡uately preserved; or (c) I! tbe r.quir....nt for the supplies and servic.s spec~fied in the con- ~act no longer exists and the contractor is not liable to the County for damag.s, ezecute a no-cost termination .ettlement agreement. 1-8.402-5 Docuoaentation of contract file. In all cases where a contract is terminated for d.faul t, Us contract file shall be well docuoaented to s::plain fully the reasons for t~e action taken. . · 1-8.402~ Kepurchase against contractor's account. (a) Whers the suppli.s or services are still r.quired after t.roa1nation and ~e contractor is liable. for .xce.s costs, r.purcbes. of supplies or ..rvice. vlú.ch are the ..... as or s1oa1lar to tho.. called for the con- ~t shall be made against the contractor's account as soon al practi- cable after t.rmination. Such repurchase shall be at as reasonable a pric. a. practicabl. consid.ring the quality r.~red by the County and tbe time within which the supplies or serw1c.s are rsquired. Th. con- ~t of repurchale _y be oaede for a quaatIty 1J:L .xc... of the ·undeliv- ered quautity teroainat.d for default, wilen sucb exc... quautity is n..ded · (so long a. t1ù. doel not r.sult in pay1Dg a higher unit prIce than available for the undeliv.red quantity) but .xc... COlts _y be charged against the d.faulting contractor for DO 8Or. than t~e undelivered quan- ~ty t.roainated for d.fault (including variations in quantity p.roait:ed by the t.roainated contract). (b) I! the repurche.e is for a quauti:y not 1A exc... of :1,e undeliver.d quantity teroainsted for default, the legal requirS1MJ\u wIth resp.ct to formal bidding procedures are inapplicable. However, the contracting offic.r sbell ns. formal bidding procedure. .:re.pe vhere th.re is good rae.on to nagotIat.. If the contracting offic.r dec~.s to nagotiate the repurchase contract, h. shall not. the reason il1 tb. contract fil. and .hall identify the procureoaent as a r.purchase 1J:L accordaac. with the provisIon. of the d.fault clause il1 the "faulted contract. U the repurcha.. is for a quantIty in .xces. of the undelIvered quantity t.rmi- nated for d.fault, for the purpose of det.roa1ning vbe:h.r"bidding or nagotiation should be used, the .ntire quantity shall ). treated as nev procur.oaent. 206 ~l/~Y.? - . (c) If repurchase is effected at a price in excess of the price of the sup- plies teroainated, the contracting officer shall make a written demand on the contractor for the total amount of Such excess, giving due considera- tion to any increases or decreases in other ascertainable costs such as transportation and discounts. If the contractor fails to make payoaent, the contracting officer .hall follov County procedures for collecting cIaillll in favor of the County. 1-8.402-7 Otber d....ges. (a) If a contract is terminated for default or if a course of action in lieu of teroaination for default is followed, the contracting officer shall prolllpt1y ascertain and make d....nd for any liquidated damages to which the County may be entitled under the contract. Pursuant to the contract provisions for liquidated damages, such dama&es are in addition to any escess costs of reprocurement. (b) If the County has suffered any other ascertainable damages as a result of the contractor's default, the contracting officer shall, on the basis of le¡al advice, take appropriate action to assert the County's clai. for such damages. . I . . ) . - 207 pn //~;/? ._-~----_._-- ---_.._------.---- , - j. ¡! vr ,) , \)/,>\ ("..-- MEMORANDUM February 6, 1995 TO: Honorable Mayor and City Council ~ VIA: John Goss, City Manager .j;. þt' ..-. FR: Barbara Bamberger, Environmental Resource Mana~ ~ Re: Elektruk Agenda Item ~--------------------------------------------------------------------------------------------------------------------- This memo is to inform the Council of a recent complaint regarding a vendor the City is working with. On the Council agenda is an item which accepts and appropriates funds to purchase an electric shuttle from a local vendor, ElekTruk. Mr. Elmer Parker, owner of U-Rent Paint Booth on Bay Boulevard has contacted staff alleging the company, ElekTruk, owes Mr. Parker backrent of approximately $2,000. Mr. Parker has charged that Mr. Ed Martija, owner of ElekTruk has opened an account with Grainger Automotive Parts utilizing Mr. Parker's name and credit to establish an account and subsequently has charged invoices to Mr. Parker's business. Although this is a civil matter, Mr. Parker has requested the City address these issues as part of the City's purchase agreement with ElekTruk prior to delivery of the electric shuttle. Mr. Parker plans to address this matter at the March 7 Council meeting. Staff is working with both parties to facilitate a resolution to this matter. ) / - t/i - ------- -_._--_._._.".,--_._---,-,~._.~._-~~~---~--- COUNCIL AGENDA STATEMENT Item 1.1- - Meeting Date 3/07 /95 ITEM TITLE: REPORT Requesting Council to Direct Staff to Prepare a Renewed Semi-Exclusive Negotiating Agreement with Joelen Enterprises for the Development of a Golf Resort Hotel on C;"-Ow",, """" ~Bo";," Rood SUBMITTED BY: Community Developme~ector REVIEWED BY: City Manager ~ ~ I ~. (4/5ths Vote: Yes_ No --2U BACKGROUND: In 1990, the City issued a Request for Proposal (RFP for acquisition and development of a 3.1 acre City-owned parcel in the 4400 block of Bonita Road next to the Municipal golf course. Four proposals were received. On April 23, 1991, Council selected Joelen Enterprises' proposal to develop a 200 room golf course resort hotel on the City-owned 3 + acres as well as on the adjacent 4 acres leased by the City to American Golf Corporation (AGC) for operation of the existing restaurant facility. Joelen Enterprises, whose principles are Josef and Lenore Citron, is the developer of the 448 room, $135 million Loews Coronado Bay Resort Hotel. A Semi-Exclusive Negotiation Agreement (SENA) was executed on November 26, 1991, and was extended by Council on September 1, 1992 to November 30, 1992. In September, 1992, Joelen Enterprises withdrew from negotiations due to the inability to obtain financing during a recessionary period in which hotel development loans in San Diego County were virtually non-existent. Joelen reaffirmed its commitment to the project and requested the right of first refusal on the property in anticipation of future financing. On November 1, 1994, staff received an unsolicited letter of proposal from Retail Properties Group (RPG) to acquire the site and develop a 38,685 sq. ft. retail center. On November 15, 1994, Council was advised of this proposal and of Joelen's renewed commitment to developing the hotel. Council directed staff to confer with Joelen Enterprises regarding the status of its commitment and to return with an updated report. This staff report follows such discussions with Joelen Enterprises. RECOMMENDATION: That Council direct staff to renegotiate a Semi-Exclusive Negotiating Agreement (SENA) with Joelen Enterprises for the development of a golf resort hotel on the City-owned property in the 400 block of Bonita Road, and bring back the SENA for Council approval. BOARDS/COMMISSIONS RECOMMENDATION: The Chula Vista Economic Development Commission (EDC) endorsed the concept of a resort golf hotel at the proposed site on December 4, 1991. On December 7,1994 the EDC voted [7-1-1]; Tuchscher abstained; Patrick not present] "to express EDC support for concept of a resort hotel and that we add our 'amens' to the City's efforts in making this a reality' (see Minutes, Attachment A). I;'~/ _~.'...'___~'____ "'0____- __ ______..__...._.._._._'" .0'_____,_____ - -- ...--.-. ------~-_._------~_. Page 2, Item ); Meeting Date 03/07/95 DISCUSSION: A. JOELEN COMMITMENT/PROPOSED TIMING As indicated, Joelen Enterprises withdrew from negotiations in September 1992 due to the dramatic downturn in hotel financing. Memorandums went to Council advising them of this status. At that time, the Citrons indicated their continued commitment and requested a first right of refusal, anticipating future financing availability. Joelen Enterprises estimates that they have invested approximately $155,000 in the project to-date, including the contracting for a Preliminary Market Study (prepared by Pannell Kerr Forster and accepted by the Council), a preliminary site plan (by architect C. W. Kim) and an Environmental Initial Study (which identified areas of needed study including traffic, hydrology, and noise), and initial work related to the required traffic study. In terms of timing, the Citrons now indicate that initial financing could be available later this year. They therefore wish to recommence the SENA negotiations immediately. They estimate a late 1998 opening. (See letters from the Citrons, Attachment B.) B. RETAIL PROPERTIES GROUP PROPOSAL - NOVEMBER 1994 As you will recall, Council was advised at the November 15, 1994 meeting of a November 1, 1995 unsolicited letter of proposal received from Retail Property Group to develop the site as a 38,685 strip retail center. The proposed tenants at that time were Boney's Market, Trader Joe's, Starbuck's Coffee, Crown Books, Soup Plantation and Baltimore Bagels, with a signed Letter of Intent from Boney's'. RPG offered a cash purchase of $400,000. Staff wishes to now advise Council that on January 31, 1995 RPG submitted a revised proposal with a purchase offer of $800,000 (see Attachment C). Purchase is subject to RPG securing acceptable, signed leases. The proposal stipulates that the City may cancel if RPG is unable to "procure at least one of the following tenants: Boney's, Trader Joe's, or Hollywood Video." Boney's, Baltimore Bagels, Starbuck's Coffee, and Hollywood Video have each provided RPG a Letter of Intent to lease space. Purchase is also subject to RPG obtaining financing. C. STAFF RECOMMENDATION Staff is recommending that Council proceed to develop a SENA with Joelen Enterprises providing new benchmarks for their performance. This recommendation is being made in light of: 1) Joelen's successful 3-year track record with the development and operation of the Loews Coronado Bay Resort Hotel; 2) Joelen's past and on-going investments in the Bonita Golf Resort project; 3) Joelen's written indication to Council of promising financing prospects; and 4) staff's recommended best land use of the site; and 4) the significant potential financial benefit to the City of the proposed hotel, which is estimated to generate approximately $1.2 million annuallv in TOT taxes (more, if the TOT rate is increased), lease revenues and sales /.2# 2- ---------_._-_._... -- _.._._~_._. _______·o·___·_·n_._....__.__ _.._-'.._-'---'--~- -_._---.._~_.._--- Page 3, ItemJ.!- Meeting Date 03/07/95 and property taxes. FISCAL IMPACT: No cost impacts will be incurred by the City in renegotiating the SENA, other than staff costs. In terms of the projected revenues generated to the City by each of the two proposals, the comparisons are as follows: 1. Golf resort hotel: Estimated stabilized, annual income to the city of approximately $1.2 million in lease revenues and taxes. 2. Retail complex: One-time cash injection of $800,000 plus an estimated $10,000 in annual property tax and an estimated $70,000 in gross sales tax. (The sales tax figure does not account for transfer of sales in the area, i.e., the actual net increase in revenues to the City could be substantially lower.) [SS/Miscdisk#4/b:\hotel.a13] /.2<J ---~-- ----------_....._._-~-_._-_._. - --.-...----- -- -'-".,_._---_._----_._---_.,---_._-~._-_.__._--_.._~._---- MINUTES ECONOMIC DEVELOPMENT COMMISSION ATTACHMENT "A" CITY OF CHULA VISTA, CALIFORNIA Wednesday, December 7, 1994 Conference Rooms 2 & 3 12:00 Noon Public Services Building CALL TO ORDER/ROLL CALL , The meeting was called to order at 12:00 noon. PRESENT: Commissioners: Chair Patty Davis, Vice Chair Ty CQA'I¡atQn Cfi¡¡¡mìi¡a¡t4(, Members William :':':':':':~':;:'~:~'~:;:::':':::4:;::~':::':'''':«:: Tuchscher, Edward Martija, Geoffrey Bogart, Chuck PgtoritW/Ë§mÞt:qp, Don Read, Liz Lebron Ex-Officiis: Ken Clark, Leonard Moore, John Munch, Marcia Boruta, Art Sellgren Staff: Cheryl L. Dye, Jeri Gulbansen, Gerald Young ABSENT: Commissioners: Brené Patrick (excused) Ex-Officiis: Chuck Sutherland (unexcused) 1. APPROVAL OF MINUTES - November 2, 1994 M§I¡~.œR!_!t!mit\t.i;9&!1.lli_+!lßt¡W&BIlm¡¡i~~i~lllillæ.1ì¡.älJìfI9Dl\ttIlRKf:it'lJ 2. NEW BUSINESS a. Discussion regarding potential disposition of City property adjacent to Municipal golf course on Bonita Road and status of Joelen Enterprises and the development of a resort hotel. Member Tuchscher abstained from the discussion due to a potential conflict of interest. Member Bogart and Ex-officiis Clark and Sellgren arrived at this time. Chair Davis commented that the EDC voted three years ago to support the concept of the development of a resort hotel on the Bonita Road site. She continued that the developers were not able to finance and move forward with their project. In November, a project to build apartments on this site was brought to Council's attention. Chair Davis attended that meeting and reported to Council the position that the EDC voted three years ago. She stated that the new proposal will be on a future Council agenda at which time Council will decide whether to consider an alternative plan. Ms. Dye commented that a retail project and an apartment project have been proposed. She explained that there had been a formal agreement executed between Council and Joelen Enterprises which has now expired due to Joelen being unable to obtain financing. Joelen has renewed their commitment to the project and staff will be meeting with them to draft an informal agreement outlining a timeframe to present to Council for their adoption. Ms. Dye further explained that presently there are three acres available adjacent to the Bonita Golf Course on Bonita Road. Joelen proposes to level the present banquet facility and expand the area to approximately 7 acres upon which they will build an upscale hotel with 250 rooms and banquet facilities. /.2.5' -----~~-- _.,_._..~~.._.._.__..._.__.__.__._.._---,"_.,_._.._.."....-.,------.- . --.. ..----,'---..--- -.-..---.----.--'""---------- .--..-.-----,-.--------- ECONOMIC DEVELOPMENT COMMISSION MINUTES - PAGE 2 December 7, 1994 In response to an inquiry as to whether Joelen has obtained financing, Ms. Dye reported that Joelen is presently in discussions with lenders that Joelen feels look very promising. General discussion ensued among Commission members indicating that American Golfwould commit $1.5 million to upgrade the golf course if the resort project proceeds. It was also pointed out that the banquet facilities and conference capabilities would be beneficial to the community. It was further noted that this type of facility could generate approximately $1 million a year in revenues to the City in addition to improving the City's image. It was suggested that, since the site is owned by the City, the City should wait for the hotel as the highest and best use. Another observation pointed out that a resort hotel would generate substantial TOT tax. 11I1111I11111'll~rillrlllll~lil.II"i"r~111ïil~1111"'Çiggçi~~'ª¡(tª b. Discussion regarding chamber request for Economic Development Commission support of the Chamber/Motel Association proposal to receive a portion of the increased Transient Occupancy Tax (TOT) revenues and operate the existing Visitor Information Center. The Commission discussed the Chamber's letter to the EDC dated November 28, 1994,. The letter requested support for the following: . An increase in the Transient Occupancy Tax (TOT) from 8% to 10%. . That 50% of the TOT increase be earmarked for the Chamber's operation of the Visitor's Center (1-5 and E Street) and to "sell the City". The Commission asked staff if any information was available regarding the current amount of TOT received and whether any of it is currently earmarked for promotion of the City. Staff responded that a preliminary review had been done and approximately $1 million is received annually from TOT. Further, staff indicated that the City does not earmark General Fund revenue sources for specific activities; however, the General Fund currently supports from $1.3 million to $2.4 million in promotional activities such as the Nature Center, the Chamber's existing contract, and special events such as Harbor Days, and miscellaneous economic development publications, etc. Staff explained that after the Chamber came to the City Council and Council directed staff to start negotiating with the Chamber to operate the Center, the City received a proposal from another source, which staff is also looking at, offering to pay the City for the proposer to manage the Center rather than receiving a subsidy. Concerning the Chamber and Hotel/Motel Association, staff is presently negotiating regarding the Visitor Center and TOT. Member Read stated that in the past the Chamber had looked at how the Visitor Center was run and that many other enterprises who have tried to run the Visitor Center find it is not cost effective due to a low volume of customers and that most people do not spend a lot of money at the Visitor Center. The Commission asked staff to characterize the level of foot traffic experienced by the Center. Staff reported that a SANDAG study had revealed an average of 300 persons per day visit the Center and a peak of 400 to 500 can be expected in the summer months. Roughly, 40% ofthe visitors are transit-related buying mainly transit passes, using the public restrooms, and sometimes purchasing food and small retail items. Discussion took place regarding the likely revenue made possible by the 2% increase, estimated at $260,000 year. /2-¿ _. _____n ... ..... __._...__._.__...__ . ---------.....----.-------------.-....----. ----."-" ATTACHMENT "8" Joelen enterprises Fçc no) , J-"J Rec January 31, 1995 Imun¡~ " q; èt!/ ,,~ / Mr. Chris Salomone, Director of Community Development City of Chula Vista 276 Fourth Avenue Chula Vista, CA 92010 re: Bonita Grand Golf Lodge Dear Chris: During this last several months there have been a number of developments which have lead us to the conclusion that we can now successfully pursue the building of the Bonita Grand Golf Lodge Resort. The appearance of financing opportunities for us to do this project has been a very pleasant surprise to us, almost startling in its timing as well as the sources. As you know, up until just recently we estimated that it could be another year or more before we might be able to identify a source of funding for this project. Now, it appears that we should be able to start working on organizing the project by late spring or mid- year with initial financing perhaps available later this year. This means that we must get started on our Exclusive Negotiating Agreement almost immediately. This would allow us to begin the pre-planning and processing procedures soon, start getting set up with City staff, arrange some ground rules with the City Attorney and reach an understandings on the "deal" with the City, and together get straightened out with American Golf Corp. During this time we would have to also be setting up the pre- funding financing for the architecture, engineering, and environmental processing costs. As you heard yesterday, our architect estimates one year of work to complete his work. We would therefore need a year to process, a year to design, and 18 months to build the hotel, give-or-take. This would mean a late 1998 opening. If we can do our usual "number" (and with City cooperation) -and do several processes in parallel, we could cut the time down, and even possibly open before the end of '97, which would be very advantageous timing. We will make every effort to do just that. So please accept this letter as our statement that we will definitely build the hotel, that we wish to get the process started now, and advise us as soon as you are ready to take the next step and what else, if anything, you may need from us at this time. Best personal regards, 1J.--7 486dlc4O-c:\winword\bonita\crisgo1.doc ,,·_·..·.·._··._._n .--.-- --..---..---...-.-...-.----.-------.------- ,. ;// >,,_f ~ Joelen ënterprises ./ -}., ". . ~;~/"' - {!,rJ/< ~'."'. <-P R' ."';-' -" ...... November 4, 1994 Mr. Tim Nader, Mayor Members of the City Council City ofChula Vista 276 Fourth Avenue Chula Vista, CA 91910 Attn: Cheryl Dye, Community Development Department re: Bonita Grande Golf Lodge Dear Tim and Council Members: We wish to update you all on our progress on the above-referenced project. Our last meeting with Chris Salamone elicited a letter from us to him, a copy of which is attached. Since that time, events have only served to strengthen our conviction that this hotel should be built. When we responded to the RFP from the City, we were the only respondent whose proposal met the City's criteria: to develop the property so as to generate a substantial continuing annual income to the City from the property with a hotel. In order to meet the criteria, our market studies showed that a property with 250 rooms and 18-20,000 feet of banquet and meeting space would be needed, and it was apparent that the 3 acres in the RFP would not be sufficient to build the low-rise development we envisioned. We therefore went to work with American Golf, which has the lease to operate the golf course, to get them to agree that we should use the additional contiguous 4 acres adjacent to the 3 acres and them spend $2-3 million on the course. We would demolish the out- dated and inefficient existing building and incorporate its functions into our resort hotel. Our proposal showed that, starting at least from the first operational year of stabilized occupancy of the property, the City would receive at least a million dollars annually in lease payments and transit occupancy tax from the operation of the hotel. As our proposal tied the lease payments to the City to percentage of departmental income of the hotel, (patterned on the San Diego Port Commission's comparable leases), those annual payments would only continually increase over the years, with inflation. To give you a new comfort-level on our ability to deliver what we propose for the Bonita Road property, we can now update you on our outstanding success on our previous hotel 486c:\winword\bonita\mayrxlOd.doc 4000 Coronado Bay Road Coronado, CA 424-4474 FAX 423-0884 I~- w' ...'. .........._,.... ,--~._-_.._._..~-- .----.-...-.- development in Coronado. At the time of our initial proposal to Chula Vista City in 1990, we were commencing construction of our 450 room resort hotel in Coronado, the Loews Coronado Bay Resort Hotel & Marina. Prior to the onset of the recession and the difficult times the hotel industry went through, I had done my projections of development cost, time spread, and 10-year projection of operational income and expense. Weare proud and pleased to tell you that without altering our numbers to confonn with the hotel industry's problems, we built the hotel on budget, (actually bringing it in $1. 7 million under budget), opened it exactly on the date I set, (total construction time: 16 Y. months), and just now are completing the third leg of the "hat trick": I had projected reaching break-even into profitability between the 4th and 5th years, the nonnal profile at that sunnier time for new hotels. Instead, despite the recession, we are now reaching the switch to profitability a year early! At this time, we have a personal investment of over $155,000.00 and several years of our lives in the Bonita Grande Golf Lodge project, and continue to spend time and money on it. We constantly work at refining our plans as we learn more of the contemporary conditions of our business that will help assure the success of the Bonita project. We can tell you that at our Coronado hotel we continually lose some important group business, (groups are 65% of the San Diego hotel occupancy profile), which insist on coming to a hotel with a golf course. We also cannot meet middle and upper management groups price level, which we will with the Bonita Grande Lodge. (yVe are now booking group business at $225. OO/night at our Coronado Bay Resort.) We could shift all this business to Bonita. The golf resort would become the business and social hub of the community. .While this helps to confinn our faith in the economic viability in the Bonita Golf Lodge right now, the financing market for hotels still has not revived sufficiently to allow us to go forward immediately, as we might wish. Economic conditions in the hotel industry nationally are rapidly improving at this time, faster than anyone thought possible a year or more ago, but California generally is still lagging behind. Our Coronado property is a shining exception, and we feel our Chula Vista project would be the same. The only way of funding construction of the project very soon would be with a bond issue. Otherwise, it should be another 12 to 24 months for conventional financing to be made available so we can proceed full speed. We would greatly appreciate a continuation of our present understanding with the City, that we have an extended option to develop this property as a hotel, with right of first refusal in case someone else should attempt to step in and want to use what we have already done so far, with their own proposal for a hotel on this site. Weare available at any time should there be questions or need for further input ITom us on our request. Thank you, 2 12-1 _...~ _._._---""._----~,-- __..__.w····.___.____·._, ----_.~.__._._-"~~..--..._--_.. - --- i I I vI C H U L A V 1ST A C HAM B E R 0 F COM MER C E ACCREDITED e.."'IIUO'COIU·UC[ t....... D' "c......n AN ..'N.UN'''O...... INVESTMENT IN November 9, 1994 THE FUTURE The Honorable Tim Nader BOARD OF DIRECTORS Mayor of Chula Vista and President Members of the City Council Diane Flint 276 Fourth A venue Chula Vista, CA 91910 President Elect Jim Weaver Dear Mayor Nader and Members of the City Council: Vice Presidents: It has come to the attention of the Chula Vista Chamber of Commerce that Greg cox. there is renewed interest in the development of the city-owned property Chris LewIs adjacent to the Chula Vista Golf Course. We understand that there are three Mary Anne Stro potential uses for this city-owned property. One a destination Golf Inn Dave Ward Resort including a 20,000 square foot mini-convention banquet facility. Members: The.sCC?nd use as apartments and the third use as a retail shopping Patricia Barnes destmatlOn. ~:;~~eBc~:yton The Chamber established as one of its goals the attraction of a hotel, which Steve Collins would provide exactly the facilities mentioned above. The Chamber has had Robert Garcia the opportunity to review the proposed Resort Inn project, and we have Susan Herney talked this past week with the developer and have been assured that we are Cathi Jamison less than eighteen months away from the start of the Inn project. Tim Lewis Tom McAndrews We need the Resort Inn; it will have less impact on traffic and bring an Scott Mosher estimated $1,000,000 in TOT. The Chamber requests that the Council ~obekrtsPe~ner, MD revise the zoning of this city-owned property to preclude any development rran co.. h h . / . . I ed d I Bob Thomas ot er t an tounst vls¡(or re at eve opment. Brad Wilson Ch I . h ed . h . h . ~ h u a Vista as matur as a c¡(y to t e pomt w ere we can Walt lor t e PaS! President development we want and need. We do not have to jump at the first offer T Pat Cavanaugh that comes along to fill the space. Executive Director Sincerely, Rod Davis Chula Vista Chamber of Commerce ~ )- /;~- / _7/- ~. .\:::- , .' It., L \, '" / <. ---.- ,Roderick F. Davis Executive Director RFD:ce 1ø2 ~ /11 2 3 3 F 0 U R T H A V E N U E . C H U L A V 1ST A, C, A l t FOR N ! A 9 1 9 1 0 . TEL . (6 1 9) 4 2 0 - 6 6 0 3 "_.c· -,_ ....._...._._-_.--.....,-~_._- RETAIL PROPERTIES GROUP, INC. A Full Service Commercial Real Estate Company January 15, 1995 Mr. Dan Malcolm RETAIL PROPERTIES GROUP, INC, 3252 Holiday Court, Suite 110 La Jolla, CA 92037 RE: PROPOSAL TO LEASE PROPOSED DEVELOPMENT NWC BONITA RD. & OTAY LAKES RD. Dear Dan: On Behalf of Baltimore Bagels, please consider this a proposal to lease space in the above referenced site, based on the following terms and conditions, which shall be included within a mutually acceptable lease to be executed by Lessor and Lessee: 1. Tenant: Baltimore Bagels 2. Use: Sales of bagels and related food items. 3. Subject Premises: A portion of the building at the above referenced location totaling approximately 1,500 square feet of floor area, the exact dimensions to be measured, and outlined on a future Exhibit A. 4. Lease T!,rm: 10 years with three five year options. 5. Lease Extensions: Provided Tenant is not in default on any terms and conditions of the lease, Landlord to grant Tenant three (3) Five (5) year options to extend the lease at the same terms and conditions. 6. Rent: The minimum annual rent for the premises shall be $21.00 per square foot per year. Rental Adjustments: Beginning on the commencement of the fourth year and every three years thereafter Including the option periods, rent shall be adjusted by a flat nine (9%) percent. 8. Triple Net Lease: The lease shall be Triple Net as outlined in the master Builders Emporium Lease. LA JOLLA CORPORATE CENTER 3252 lIollday Court. Suite 110 La Jolla. California 92037 Telephone (619) 453·9990 FAX (619) 453-9965 J)....// . "'''JT'':1'' .. . ."~._"..----.- Mr. Dan Malcolm January 15, 1995 page two 9. Lease Commencement: Lease term shall commence upon the date that Landlord has completed Landlord improvements, delivers the premises to Tenant, and upon Issuance of Certificate of Occupancy from the appropriate governmental authorities. 10. Rental Commencement: Payment of minimum annual rent will occur one hundred and twenty (120) days after delivery of premises by Landlord. 11. Slgnage: Tenant shall have the right to install illuminated and other signs on the exterior walls of the premises, as well recieving prorata space on project monument sign. 12. Contingencies: Lease to be contingent upon completion of project and review by tenants real estate department. 13. Tenant Improvements: Landlord shall deliver the premises in vanilla shell condition. 14. Assignment/Sublet: Tenant may assign or sublet the premises, with Landlords approval, not to be unreasonably - withheld or delayed, provided Tenant remains liable under the terms and conditions of the lease subject to "use" limitation above. 15. Brokerage: The parties acknowledge and represent that Retail Properties Group, Inc. represents Landlord and Tenant and they are the only broker entitled to a fee in connection with this transaction. 16. Prepaid Rent: Equivalent to one (1) months rent. 17. Security Deposit: Equivalent to one (1) months rent. /.2.1:1.. --------_..-,------_.. --_._._-_..._------_._-_._~.__.. Mr. Dan Malcolm January 15, 1995 page three LANDLORD AND TENANT ACKNOWLEDGE THAT THIS PROPOSAL IS NOT A LEASE, AND THAT IT IS INTENDED AS THE BASIS FOR THE PREPARATION OF ^ LEASE BY LANDLORD. THE LEASE SHALL BE SUBJECT TO LANDLORD'S AND TENANT'S APPROVAL, AND ONLY A FULLY EXECUTED LEASE SHALL CONSTITUTE A LEASE FOR THE PREMISES. BROKER MAKES NO WARRANTY OR REPRESENTATION TO LANDLORD OR TENANT THAT ACCEPTANCE OF THIS PROPOSAL WILL GUARANTEE THE EXECUTION OF A LEASE FOR THE PREMISES. Dan, please present this to your client for their review. Should they be in agreement please have them execute this proposal on or before February 15, 1995. Sincerely, RETAIL PROPERTIES GROUP, INC. ~~~\(Lf Associate Vice Presld nt ACKNOWLEDGED AND ACCEPTED: - By: Date: By: Date: dm:pepper5 1.1."/) I'· . . -.'~.-.~'.~--------.~--~~.- ---,'- .-.-,-.-".. --- ------,--- . RETAIL PROPERTIES GROUP, INC. A Full Service Commercial Real Eslale Company January 15, 1995 Mr. Dan Malcolm RETAIL PROPERTIES GROUP, INC. 3252 Holiday Court, Suite 110 la Jolla, CA 92037 RE: PROPOSAL TO LEASE PROPOSED DEVELOPMENT NWC BONITA RD. & OTAY LAKES RD. Dear Dan: On Behalf of Starbucks Coffee, please consider this a proposal to lease space in the above referenced site, based on the following terms and conditions, which shall be Included within a mutually acceptable lease to be executed by Lessor and Lessee: 1. Tenant: Starbucks Coffee 2. Use: Sales of Coffee and related food items. 3. Subject Premises: A portion of the building at the above referenced location totaling approximately 1,500 square feet of floor area, the exact dimensions to be measured, and outlined on a future Exhibit A. 4. Lease T{trm: 10 years with three five year options. 5. Lease Extensions: Provided Tenant Is not in default on any terms and conditions of the lease, Landlord to grant Tenant three (3) Five (5) year options to extend the lease at the same terms and conditions. 6. Rent: The minimum annual rent for the premises shall be $21.00 per square foot per year. Rental Adjustments: Beginning on the commencement of the fourth year and every three years thereafter Including the option periods, rent shall be adjusted by B flat nine (9%) percent. 8. Triple Net Lease: The lease shall be Triple Net as outlined In the master Builders Emporium Lease. LA JOLLA CORPORATE CENTER 3252 Holiday Courl. Sulle 110 La Jolla. Callrornla 92037 Telephone (619) 453·9990 FAX (619) 453·9965 I~-/f "~.~.~ . , --_.,~--.~-------~--~~~~----....,--.-.~~-.,._-,..-------------'.-..-. .....- ---- -- -..--.--.-.----------,-,----..-----'-- - Mr. Dan Malcolm January 15, 1995 page two 9. Lease Commencement: Lease term shall commence upon the date that Landlord has completed Landlord Improvements. delivers the premises to Tenant, and upon issuance of Certificate of Occupancy from the appropriate governmental authorities. 10. Rental Commencement: Payment of minimum annual rent will occur one hundred and twenty (120) days after delivery of premises by Landlord. 11. Slgnage: Tenant shall have the right to install illuminated and other signs on the exterior walls of the premises, as well recieving pro rata space on project monument sign. 12. Contingencies: Lease to be contingent upon completion of project and review by tenants real estate department. 13. Tenant Improvements: Landlord shall deliver the premises in vanilla shell condition. 14. Assignment/Sublet: Tenant may assign or sublet the premises, with Landlords approval, not to be unreasonably - withheld or delayed, provided Tenant remains liable under the terms and conditions of the lease subject to "use" limitation above. 15. Brokerage: The parties acknowledge and represent that Retail Properties Group, Inc. represents Landlord and Tenant and they are the only broker entitled to a fee In connection with this transaction. 16. Prepaid Rent: Equivalent to one (1) months rent. 17. Security Deposit: Equivalent to one (1) months rent. - /;.../> .'-!' -~---_.- _~._.'m.~_'_"_'___'___~___~_ . Mr. Dan Malcolm January 15, 1995 page three LANDLORD AND TENANT ACKNOWLEDGE THAT THIS PROPOSAL IS NOT A LEASE, AND THAT IT IS INTENDED AS THE BASIS FOR THE PREPARATION OF A LEASE BY LANDLORD. THE LEASE SHALL BE SUBJECT TO LANDLORD'S AND TENANT'S APPROVAL, AND ONLY A FULLY EXECUTED LEASE SHALL CONSTITUTE A LEASE FOR THE PREMISES. BROKER MAKES NO WARRANTY OR REPRESENTATION TO LANDLORD OR TENANT THAT ACCEPTANCE OF THIS PROPOSAL WILL GUARANTEE THE EXECUTION OF A LEASE FOR THE PREMISES. Dan, please present this to your client for their review. Should they be in agreement please have them execute this proposal on or before February 15, 1995. Sincerely, RETAIL PROPERTIES GROUP, INC. ~cJQ.\~ f Rick SUv erg· Associate Vice Presid nt ACKNOWLEDGED AND ACCEPTED: . By: Date: .¡ By: Date: dm:pepper5 1,2-I¿ : : ·';1'· - -_.,-,_...,---------_._._----"~-_.__._~~---'---- RETAIL PROPERTIES GROUP, INC. A Full Service Commercial Real Estate Company January 20, 1995 Mr. Dan Malcolm Retail Properties Group, Inc. 3252 Holiday Court, Suite 110 La Jolla, CA 92037 RE: BONITA ROAD & H STREET BONITA, CALIFORNIA PROPOSED HOLLYWOOD VIDEO STORE Dear Dan: I wish to take this opportunity to convey to your client the interest of Hollywood Video space to lease at the above shopping center (or site) for a Hollywood Video store. This letter summarizes our recent discussions to lease the above property; it is not intended to be contractual in nature, but only expresses the basis upon which we wish to enter into a long term lease. The undersigned acknowledges that this letter is intended to outline initial terms for consideration only and is no manner intended to obligate any party contractually and no such obligation shall arise unless/until a mutually satisfactory lease agreement is full executed by, delivered to, all parties. Subject to a satisfactory store plan, Real Estate committee review and approval, and a mutually agreed upon Lease, I believe that Hollywood Video would be willing to proceed under the following terms and conditions: 1. Landlord: (To be named) 2. Tenant: Hollywood Entertainment Corporation, an Oregon corporation. 3. Premises: Approximately 8,000 square feet. 4. Term: 10 years with two (2) five year options to review at same terms and conditions as original lease. LA JOLLA CORPORATE CENTER 3252 Holiday Court, suite 110 La Jolla, California 92037 /;1-/7 Telephone (6 J 9) 453·9990 FAX (6 J 9) 453·9965 -----_._--~_._-,_.__._~--_...~~---~.----- -- ---- ------ ~.__._- ----_._--_.~._- Mr. Dan Malcolm January 20, 1995 Page 2 5. Annual Rental Schedule: Year Annual Rent Monthly Rent Rent/Sq. Ft. 1-5 $144,000 $12,200 $18.00 Rental Adjustments: Rent shall be adjusted upward every 5 years at a fixed 12% increase. 6. Percentage Rent: None 7. Security Deposit: None 8. Merchant's Association: None 9. Insurance: Tenant to pay its pro-rata share of real property insurance based on its proportionate leasable building area out of the gross leasable area of the shopping center. 10. Common Area Maintenance: Tenant to pay its pro-rata share of allowable common area maintenance expenses. Tenant pays no capital expenditures. CAM expenses payable by Tenant shall not increase greater than 5% per year. 11. Management! Administrative Fee: Five percent (5%) ofCAM charges, excluding taxes, insurance and utilities. 12. Rent and Net Charges Commencement: One hundred twenty (120) days after Tenant has received exclusive possession of the premises in the condition outlined below and obtained all permits necessary for construction of Tenant' s improvements. 13. Utilities: Tenant shall pay for all utilities used within the premises. I~-/r BB:2120MALC.DOC ,..-.-._~_.._"-----_.__.---~_. ---- _._--~-'~'-'---'-~----------"- Mr. Dan Malcolm January 20, 1995 Page 3 14. Completion of Landlord's Work: Completion by Landlord no later than December 1, 1995, otherwise Tenant shall be entitled to two (2) days additional rree rent for each day after December 1, 1995, until Landlord's work is completed. If Landlord's work is not completed by March 1, 1996, Tenant may tenninate Lease or continue to accrue additional rree rent. 15. Delivery Conditions: Landlord shall deliver space in accordance with the attached Exhibit "cn work letter. 16. Tenant Improvement Allowance: Landlord will contribute Fifteen Dollars ($15.00) per square foot towards the cost of constructing Tenant's standard store improvements in accordance with the Tenant's work provisions. Landlord's contribution will be in the fonn of cash within ten (I 0) days after Tenant has provided executed lien waiver fonns. 17. Maintenance & Repair: Landlord shall maintain and repair all of the structural elements and exterior surfaces of the premises including roof and roof covering, walls, concrete slab, unexposed electrical, plumbing, heating, ventilation and air conditioning system at Landlord's expenses. Tenant shall maintain and repair the interior walls, ceiling, plate glass and doors at Tenant's expense. 18. Assignment/Subletting: Tenant shall have the absolute right to assign or sublet the premises to a corporation or entity that assumes all of Tenant's obligations and either (a) controls, or is controlled by, or under control with Tenant, (b) merges or consolidates with Tenant, or (c) acquires a substantial portion of the assets or stock of Ten ant. Tenant will have the right to assign or sublease to any other entity with Landlord's reasonable consent, based solely upon the intended use of the premises. /..2..../' BB:2120MALC.DOC ~---'_._--_.'---~~---------'-'------"-'-'""--'-'~'---~_.._--_._. Mr. Dan Malcolm January 20, 1995 Page 4 19. Use and Exclusive: Tenant shall have the exclusive right to sell and rent pre- . recorded audio andlor video products and audio andlor video software; CD Interactive and CD Rom Systems and related products. The premises may also be used for the rental of video equipment and sale andlor rental of related accessories including demonstration, display and training; the sale of electronic equipment; the sale of Hollywood Video and movie related promotional products; the sale, rental andlor use of related products, any lawful purpose, as well as all uses incidental. 20. Parking: Tenant shall have a minimum of 40 exclusive parking spaces adjacent to Tenant's space. 2l. Co-Tenancy: In the event Tenants occupying at least 80% of the leasable space (exclusive of the anchor tenant) are not open for business prior to the Commencement Date of this Lease, Tenant shall be entitled to: (a) Terminate this Lease, or (b) receive an abatement of fifty percent (50%) of all sums due until such time as Tenants occupying at least eighty percent (80%) of the space are open for business. 22. Tenant's Sign age: Landlord shall allow Tenant, at Tenant's expense, the right to install its standard sign package. It is understood that Tenant's sign plans are subject to the approval of the applicable local government authorities. 23. Brokerage: Landlord shall pay a commission of not less than four and one half percent (4.5%) of the total lease consideration to be payable to Retail Properties Group, Inc., acting as agent. In addition to the above, our final agreement must be contingent upon other items including: l. Landlord's evidence of good and sufficient title and authority to enter into the Lease; 2. Tenant's ability to procure all building, signage, and operating permits and licenses; 3. Tenant's assurances of adequate non-distwbance protection and its future enjoyment of the premises; 4. Ability of Tenant to use Hollywood Video's form of Lease; 5. Environmental report provided by Landlord indicating no hazardous substances at each site; and 6. Review and approval of the final site package and leas document by Hollywood Video's senior management and Board of Directors. I~").ð BB:2120MALC.DOC -~-- ~-,-"~._----."-..-- --~-_._-,,_...- ---~------- --- --~---- Mr. Dan Malcolm January 20, 1995 Page 5 Should this proposal be acceptable to your client, please have him execute one of the enclosed copies where indicated below and return one (1) fully executed copy to me. Thereafter, Hollywood Video's legal department will prepare and forward to you a lease draft for your review and approval. AGREED AND ACCEPTED this day of .19 - BY: ITS: cc: Mr. William P. Zebe National Vice President of Real Estate - /~'.)I BB:2120MALC.DOC - .~----_._-_.- --.--,,-,--.........---....--. ..__.__._"'_._.,.......~_._._._----_.~_._-._-_..._------~~_.- RETAIL PROPERTIES GROUP, INC. A Full Service Commercial Real Estate Company January 31, 1995 ATTACHMENT "C" Mr. Chris Salemone CITY OF CHULA VISTA - COMMUNITY DEVELOPMENT DEPT. 276 Fourth Avenue Chula Vista, CA 91910 RE: 3 Acres at NorthWest Quadrant of Bonita Rd. and Otay Lakes Rd., Chula Vista, California Dear Mr. Salemone: On behalf of the undersigned, Lawrence D. Malcolm, ("Buyer") 1 I am pleased to present this proposal to purchase from The City of Chula vista - Community Development Department, ("Seller"), that certain above referenced real property located in the 4400 block of Bonita Rd. A.P.N. # 593-240-24 ("Subject Property") legal description to follow in escrow, and shown in Exibit A attached hereto. The following business points shall serve as a binding obligation to purchase subject property: l. PURCHASE PRICE: The purchase price for the subject property shall be $800,000.00 all cash to seller upon close of escrow. 2. PAYMENT OF PURCHASE PRICE: The purchase price shall be payable as follows: A. Buyer shall deposit $10,000.00 into escrow by cash upon opening thereof, which shall be deposited into an interest bearing account payable to Buyer. B. Buyer shall release the $10,000.00 deposit through escrow to Seller upon removal of all contingencies and said $10,000.00 shall be considered non-refundable. C. Buyer shall deliver to Seller thorough escrow cash in an amount equal to the difference between 100% of the purchase price and the $10,000.00 deposit as described in subparagraphs A and B above. 3. ESCROW within Fifteen (15) days after acceptance of this offer and delivery of materials in paragraph 4, escrow shall be opened at Commonwealth Title Company ("Escrow Holder"). The escrow shall close within thirty (30) days after all contingencies have been either waived or satisfied. LA JOLLA CORPORATE CENTER :3252 tlollday Court. Suite 110 La Jolla. California 920:37 12 ~.) .2- Telephone (6 J 9) 453·9990 FAX (6 J 9) 453·9965 - . .._--_.._.,--+~-_.. ".----.------ -, ----_.~- _..._._-~-----~'--- Mr. Chris Salemone January 31, 1995 Page Two In the event escrow shall fail to close because of Buyer's default, the $10,000.00 deposited into escrow by Buyer and released by escrow shall be retained by Seller as liquidated damages for such default. In the event escrow shall fail to close for any reason other than default on the part of the Buyer, any and all amounts deposited into escrow by Buyer above shall be returned to Buyer on the termination of escrow. As used herein, the term "opening of escrow" shall denote the date the escrow instructions, executed by both Buyer and Seller, are deposited with the Escrow Holder. As used herein, the term "close of escrow" shall denote the time at which Seller's deed conveying title to Buyer is recorded. 4. DELIVERY OF MATERIALS Within fifteen (15) days of Seller's acceptance hereof, Seller shall deliver to Buyer the following materials (collectively "Due Diligence Materials") : a) All service agreements, employment contracts, leases proposed site plans, maintenance agreements, architectural plans, city submittals and other contracts relating to the ownership, operation, use and maintenance of subject property prepared by or in possession of the seller. b) A preliminary title report for subject property delivered through Commonwealth Title Company. 5. CONTINGENCIES The close of escrow shall be contingent upon the following which shall be satisfied or waived by Buyer within 180 days of opening escrow: A. The Due Diligence Materials. B. Seller's delivery of title to subject property at the close of escrow to Buyer in the condition as shown in the preliminary title report approved by Buyer and free and clear of any and all encumbrances, and adverse possessory rights and interest of whatever nature. Such delivery shall be evidenced by delivery to Buyer of an owner's A.L.T.A. policy of title insurance on subject property, through Commonwealth Title Company and at Seller's sole expense. J.2 .. .2:1 -~_.__._- -~--~._-_.._.._--- ^--- Mr. Chris Salemone January 31, 1995 Page Three C. Buyer's written approval of satisfactory physical inspection of subject property. The physical inspection of subject property shall include structural, soils hazardous and toxic waste, asbestos, and any other physical or environmental matter's, together with all files and records of Seller bearing upon the ownership, use and physical condition of property and soils. Seller shall cooperate with Buyer in it's investigations of the property and all materials related thereto. Seller shall allow Buyer access to the subject property for reasonable inspections and Buyer shall restore the subject property to the condition that existed prior to such inspections if Buyer disturbs the soils or other parts of the property as a result of any specific tests performed therefrom. Additionally, Seller shall provide Buyer with previously completed Phase I & II Environmental reports relative to the property. In the event the above inspections determine the existence of hazardous or toxic materials, the Seller agrees to reimburse Buyer for the cost of all environmental inspections and soils reports, copies of which will then be provided to the Seller, and at Buyer's option, Seller agrees, prior to close escrow, to repair, replace, or remove any and all toxic or hazardous material pursuant to said reports. D. Purchase of this property is subject to Buyer obtaining all necessary city approvals including building permits for Buyer's intended development of the Property. This Escrow is further contingent upon the cities final approval of this development concept for the site as well as the final site plan. (See preliminary site plan enclosed with this offer). E. Purchase of this property is subject to Buyer securing acceptable, signed leases with Buyer's proposed tenants. Buyer shall be required to procure at least one of the following tenants for the site: Boney's Market, Trader Joe's, or Hollywood Video. Should Buyer be unable to procure one of these major tenants for the development, the city may cancel this escrow at their option. F. Purchase of this property is subject to Buyer obtaining financing for project which is acceptable to Buyer. 1.2.-'-Ý -._--_._~----"--_.__._---~-------_._--_.,..,.."---_.-.__.._-~._-- Mr. Chris Salemone January 31, 1995 Page Four In the event that Buyer determines the project to be unfeasible and exercises contingencies, Buyer agrees to provide Seller all engineering, environmental reports and surveys that have been completed, at no cost to Seller. Seller agrees to cooperate with Buyer in allowing access to the property, and Buyer agrees to hold Seller harmless from any liability incurred due to any work performed by Buyer while subject property is in escrow. 6. REAL PROPERTY TAXES AND INTEREST: Real property taxes and interest on encumbrances of record shall be prorated as of the close of escrow. Personal property taxes, if any, assessed against the subject property shall be paid in full by Seller through escrow. 7. COST AND FEES Escrow costs, recording fees, and documentary transfer tax shall be split evenly by Buyer and Seller. All premiums for policies of title insurance shall be paid by Seller. S. POSSESSION Possession shall be given to Buyer at the close of escrow, free and clear of any possessory interest. 9. ASSIGNMENT Buyer reserves the right to assign to another person, persons, entity, or entities to whom title of subject property shall be conveyed by Seller at the close of escrow. ll. EXPIRATION OF OFFER This offer is valid until 5:00 P.M., February 28, 1995 12. COMMISSION A Commission of 6% of the sales price shall be paid to Retail Properties Group, Inc. by The City of Chula Vista. Buyer and Seller warrant that no other broker is owed a commission in connection with this transaction other than Retail Properties Group, Inc. ".- I :l ...1.> .__."'.._----_.~--_.,._--~--- --.....-+-..-- - .,-- ....-.~_..,_..,._~------~--~-_.~.__._,---- Mr. Chris Salemone January 31,1995 Page Five 13. BINDING AGREEMENT Both Buyer and Seller acknowledge that this letter of intent, when executed by both parties, shall serve as a binding document and that Buyer hereby agrees to purchase subject property for the price and subject to the terms contained herein. By signing this letter of intent, Seller hereby agrees to sell the property to Buyer subject to all the business points herein. sincerely, ~:CuI~~LINC. Dan Malcolm Associate Vice President THE UNDERSIGNED HEREBY AGREE TO THE FOREGOING TERMS AND CONDITIONS. SELLER: The City of Chula Vista - Community Development Dept. BY: DATE: Chris Salemone, Director BY: DATE: B!2~~:ce D. Malcolm, BY ... ~~ ~,1c.ÁJN- DATE: '/31/<iS Lawrence D. Malcolm I I dm:pepper2 Enclosures )).~~¡' __.~_______.~____' __~..__,_ _ _ ____,_.__.___._~._....,_.__..., .__u.__ ..-.-. . _.,-..-.--"-.-~~-,..-.-.."'~-'-'- RETAIL PROPERTIES GROUP, INC. A Full Service Commercial Real Estate Company October 5, 1994 Ron Cohn Boney's Marketplace, Inc. 362 F Street Chula Vista, CA 919\0 Re: The vacaot land located at the North West Quadraot of Bnnita Road & Otay Lakes Road. Chula Vista. California. Dear Ron: Thank you for laking the time to meet with me and Dan Malcolm yesterday morning 10 discuss the possihilities of leasing space at Ihe ahove referenced localion. The following is an UNSOLICITED Letter of Intent to lease said space. This Letter of Intent is not intended to be contractual by nature but to be used as ao oulline to draft a definitive sublease agreement. Neither parly shall be bound to the other until such a time that the hoard of directors of hoth parties, if any, has approved and fully negotiated the definitive lease document. and said dncument has been fully execuled by bnth parties. - LESSEE: Boney's Marketplace, Inc. PREMISES: The vacant land located at the North West Quadranl of Bonita Road & Otay Lakes Road. Chula Vista, California. SIZE: Approximately 24,000 square feet. TERM: Twenty (20) years with three (3) five year options. CONDITION: The premises will be taken on an "build to suit" basis. RENT: The beginning base monthly rent will remain undetemtined until such a time as building costs are defined. PERCENT AGE RENT: I percent of gross sales in excess of $7,000,000.00. COMMENCEMENT: The lease will commeoce on Ihe earliest possihle date. The rent shall commence six (6) months Ihereafter. CAM: Teoant shall be responsible for all triple net charges on a pro rata hasis. - Telephone (619) 45:5-9990 FAX (619) 45:5-9965 52:50 Carroll Canyon Road. Suite 100 San Diego. California 92121 I· I 1.)....~7 --~-- ---~---~-'---'" .. -,._._-_...,.,~-_..- _._-~-_..~- Ron Cohn October 5, 1994 Page Two IMPROVEMENTS: Tenant shall be responsible for any and all tenant improvements, fixtures, furniture and equipment and the financing of such, if any. COMMISSIONS: A commission, in the amount of three 6% peæent of the total amount of rent paid for the base tern1 of the lease, will be paid to Riék Silverberg and Dan Malcolm of Retail Properties Group, Inc. CONTINGENCIES: a. Tenant obtaining all necessary building and business permits prior to lease commencement. b. Tenant obtaining the rights to maximum allowahle signage from the city. c. Lessor shall be responsible all costs and expenses involved with acquiring the property and constructing the huilding/s. d. Final approval of the Board of Directors of Boney's Markets. Please let me know when it may be convenient to meet to discuss timing and status. I look forward to hearing from you. ~. Rick Silver g Associate Vice President AGREED AND APPROVED: ./' 7-1 /D .- J . Date 1.2 -.2?i - --~--------_. .._--_.._---_.~_._-,---_._._--_._. ,-------. .-- COUNCIL AGENDA STATEMENT Item I~ Meeting Date 3/Cf7/95 ITEM TITLE · Report: Police Initiated Towing Services -- Rate Schedule and · Selection of Service Providers. - SUBMITI'ED BY : Chief of pOlice~ REVIEWED BY · City Manager ¡¡r frL n' (4/Sths Vote: Yes_No..xJ · The City currently contracts with five companies to provide Police-initiated vehicle towing and storage services. These firms have requested that Council review and amend the existing tow rate structure. Staff has evaluated this request and is not recommending a tow rate increase at this time. Additionally, based upon prior Council direction, Police Department staff has designed a competitive process to select providers of Police initiated towing and impound services after June 30, 1995. This report discusses both the operator's proposal to increase tow rates and the components and time-line for the competitive process recommended by staff. The proposed competitive process is similar to a successful competitive process recently implemented by the City of San Diego. This proposed process is designed to improve tow services provided to consumers and the City while enhancing General Fund revenues through the implementation of a Referral Fee paid by tow companies under contract with the City. RECOMMENDATIONS That Council: 1. Defer any increase in the Police-Initiated Towing and Storage Rate Schedule at this time. 2. Authorize staff to Conduct the Proposed Competitive Process including a Referral Fee. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable Background. The City of Chula Vista is authorized by Section 22671 of the California Vehicle Code to issue a franchise or execute contracts for the towing and storage of vehicles having a deleterious impact upon public safety. Such vehicles include, but are not limited to, those that have been illegally parked, abandoned, involved in a serious traffic accident and the vehicles of persons who have been arrested. Chula Vista Municipal Code (Me) Chapter 5.58 prescribes \~- ( -~----,._--~.._-----------_.-. --.-_._------_.~-- the basic regulations governing the selection and operation of these tow companies. The existing tow agreements provide for consumers to use the towing company of their choice if the towing company can arrive in a reasonable period of time. The Police Department uses five companies to provide Police-initiated towing services: Anthony's Towing, Arnold's Towing, Glenview Towing, Paxton's Towing and South Bay Towing. Arnold's, South Bay and Paxton's have had contracts with the City to provide these or very similar services since September 27, 1966. Anthony's was added to the list of Council authorized companies on April 4, 1973. Glenview was added subsequent to the most recent competitive selection process on May 8, 1984. Each of the five companies has operated in compliance with their agreement during the contract period. Relatively few complaints are received as a result of PD initiated towing services. Currently, each of these five companies has an identical agreement with the City and is first-up on the call rotation six days each month. Previous City Council Action. The existing agreements were approved by the City Council on June 13, 1989. In lieu of conducting a competitive process at that time, Council directed staff to require all five companies to meet higher consumer service and equipment standards in order to retain the contract. Specifically, each company agreed to: a) a twenty-minute average and forty-minute maximum response time; b) the acquisition of a variety of upgraded equipment and apparatus; c) undertake abandoned vehicle abatement activities at the direction of the City; and d) develop more responsive customer relations practices (Le., maximum one-hour release processing and releasing impounded vehicles after normal business hours). The Council authorized staff to enter into three-year agreements with the five tow companies. The actual contracts have an inde[mite term but include a "termination for convenience" clause which allowed the City to terminate the contract after three years or at any other time. The most recent rate increase was approved by unanimous Council consent via Resolution 15804 on August 21, 199O. The rate increase was recommended by staff based upon a survey of county cities that similarly regulate Police-initiated towing and storage services; the fact that it had been three years since the previous rate increase; and, the notion that there had been an increase in towing equipment, equipment operations and equipment maintenance prices over that three year period. On September 18, 1990, Council received a staff report in response to a request to expand the number of tow companies from five to six. In this report staff recommended that the number of tow companies not be changed. Council directed staff to bring back another report within the next twelve months discussing the appropriate number of towing companies and the bidding process. Council received a follow-up report on November 5, 1991, recommending that five tow companies be retained. Council discussions at that meeting focused on the need to effect a competitive process and the various components of that competitive process. \~-~ _ _ ____.,___.,~~~,.___^_..,~". _._~___,___._m_·___ _ ~,_~___,._____~__..._".~"~,___",,._._,_,,_.___ Page 3, Item Meeting Date: 3/07/95 The staff reports and minutes (in those cases where there was Council discussion) from these meetings are attached for your reference. Request for Rate Increase. Staff has periodically contacted the tow companies to review and discuss the status of their agreement. Until July 1994, the consensus among the tow companies was that the existing system was working adequately. During the four years from August 1990 until July 1994, each of the tow companies stated at various points-in-time that the rate schedule would eventually need to be amended upward to reflect the increasing cost of doing business. However, no formal request or proposal was made by any party to increase the Police-Initiated Tow Rate Schedule until late July, 1994. At that time, staff made contact with the tow operators to facilitate the implementation of the Negligent Vehicle Impound Fee (NVIP). The NVIP fee was implemented as part of the FY 1994-95 budget to recover the staff-time costs associated with processing negligent vehicle impounds. Specifically, the NVIP fee recovers the administrative costs of impounding and processing each vehicle impounded due to owner negligence. Such negligent behavior is limited to vehicles impounded based upon an owner or operator's failure to comply with state statutes relating to the operation, care and use of a motor vehicle. About 57% of all vehicles towed and impounded at the request of the Police Department are subject to the NVIP, the remainder of Police-initiated tows are for law abiding motorists. As a result of this contact, the tow operators made formal request to increase the Council approved rate schedule. In response to this request, staff initiated a rate and contract compliance analysis. Stafrs initial analysis included a survey similar to that conducted in 1990 and a review of the tow companies performance over the term of the existing agreements. This analysis concluded that the current Chula Vista Tow Rate Schedule was lower than the majority of agencies surveyed and that each of the existing companies had generally demonstrated satisfactory contractual performance. Based on this preliminary analysis, staff met with the five tow companies to discuss potential amendments to their agreement presuming that stafr s ultimate recommendation to the City Council would be to enter into new agreements with the same five companies. However, subsequent analysis of this issue's history indicated that it would be more appropriate to identify Police-initiated tow service providers through a competitive process. This determination was based upon the following facts: 1. the current companies have had contracts to provide Police-initiated towing services for periods of time ranging from a minimum of eleven years to a maximum of twenty-nine years; 2. since 1966, only one competitive process been conducted to select the providers of Police-initiated towing services; and, , ~-:s ______m_..____.._____·______·_____.______·_·_______ - .-.---...--""'-------.--'-- --"-'---'---'-~-'-----'---~'- Page 4, Item Meeting Date: 3/07 195 3. the competitive process used in 1984 resulted in a contract extension for the four companies already under contract with the city and the addition of a fifth company. Notwithstanding staff s recommendations, the rationale for the operator's request for a rate increase was based primarily on two factors: A. That the City's rate schedule was out of line with other jurisdictions since, as mentioned above, the most recent rate increase occurred in August 1990. B. That the City has required an increasing level of administrative work on their part to comply with state law and City policies, most notably the implementation of the Negligent Vehicle Impound Fee. Staff conducted a survey of cities to determine if a rate increase was appropriate and, if so, what the new rates should be. The survey results are presented below. There are as many approaches to the provision of Police-initiated towing and impound services as there are cities: methods run the spectrum from city operated towing and impound operations to single-vendor franchises to unregulated competition. Therefore, only those fees common to San Diego county cities that regulate the provision of Police-initiated towing services by municipal Ordinance were included in the survey. Due to variance in the application of ancillary charges (i.e., mileage, labor and storage) it is difficult to accurately compare one jurisdictions rate schedule with another. Such ancillary charges interact with the basic rate to create the tow operator's revenue stream. For example: in Chula Vista, mileage charges accrue only after the first mile; in San Diego and National City, mileage charges accrue after five miles; EI Cajon charges for all mileage; and, in Escondido there is no charge for mileage. In order to effectively compare the rates charged in the cited jurisdictions, staff developed a normalizing process that is reflected in the last row of the table. This row, entitled "Average Cost" reflects the cost to a citizen of a routine tow. The routine tow used by staff in this normalizing process includes: a basic tow of five miles, one-quarter hour of labor, and one day's maximum storage charge. The maximum storage charge was included because the maximum rate is charged after four to six hours of storage and most vehicles remain in storage longer than four hours. The normalized rates cited in the Average Cost row corrects for most of the known inter-jurisdiction variances in the application of ancillary charges. \~-y --- -.--.---" ----..- --_.._~-- .' -~._-_.._.,._......_---~ ------------_.~----_._,_._-¥ Page S, Item Meeting Date: 3/07/95 PoLICE INITIATED TOWING RATES IN SAN DIEGO COUNTY San Diego mCl\Îon National Eseoodido Survey CbuJa V..ta CbuJa V..ta Service City Average Curreøt Proposed Basic Tow $72.00 $55.00 $75.00 $75.00 $69.25 $55.00 $70.00 Mileage $2.50 $2.50 $2.50 $0.00 $1.88 $2.50 $2.50 Labor $40.00 $40.00 $0.00 $40.00 $30.00 $24.00 $30.00 Storage Hour $4.00 $2.00 $2.00 $2.00 $2.50 $1.50 $2.50 Storage $15.00 $12.00 $12.00 $15.00 $13.50 $12.00 $15.00 Max/Day PM Release $28.00 no service $28.00 $35.00 $30.33 $25.00 $30.00 Heavy Tow $125.00 no service $125.00 $120.00 $123.33 $120.00 $125.00 Average Cost $98.00 $79.50 $87.00 $100.00 $90.41 $71.00 $93.00 Referral Fee $17-35 no no no n/a no yes Included in Tow Rate The column entitled "Chula Vista Proposed" presents the rate structure staff would recommend if the City were to grant a rate increase and institute a Referral Fee (discussed in detail below) now instead of going through the recommended competitive process. The five existing tow companies are adamant that a rate increase should be implemented immediately. The Average Cost figures presented above provide a normalized comparison between Chula Vista's current rates and the rates of other comparable cities that regulate Police- initiated towing services. Chula Vista's current rates and the "Average Cost" of a Police- initiated tow in Chula Vista are currently less than in the survey cities. However, it is important to emphasize that San Diego's rate includes a Referral Fee of $17 to $35, depending on the geographic zone. The net revenue to the tow operator for the average tow therefore ranges from $63 to $81 in San Diego. Chula Vista's current rate structure is thus not as much lower than the other cities rates as it might seem. Furthermore, none of the tow operators have asked to be released from their existing contracts. Adopting the rates presented in the Chula Vista Proposed column would place Chula Vista's Police-initiated tow rate structure at the median level for comparable jurisdictions in San Diego county. However, Chula Vista's Proposed rate structure would provide for an average cost of $93.00, an average cost $5.00 less than in the City of San Diego. In order to place rates in the context of the overall Police-initiated towing market, the analysis should recognize that the San \~-q;- ~~-_.._",.- ---..-. ---,----_._~-----~--_._-.---_..,-_..- -- ----. Page 6, Item _ __ Meeting Date: 3/07/95 Diego Police Department initiates approximately 50,000 tows annually -- more than three times the number of tows initiated by the police department's of the City of Chula Vista, Escondido and National City combined. Therefore, Chula Vista's proposed rate structure, including the proposed Referral Fee, compares very favorably on the basis of both a city-to-city comparison and when viewed in the context of a market-wide analysis. However, in the absence of the proposed Referral Fee, implementation of the Chula Vista proposed rate structure would push the City's rates to second highest in the County among comparable cities (recall that San Diego's price structure includes a $17 - $35 Referral Fee). Therefore, it is staff's recommendation to implement the rate structure presented in the Chula Vista Proposed column only at the conclusion of the recommended competitive process with the establishment of a Chula Vista Referral Fee. Referral Fee. Staff is recommending the Referral Fee as a method to increase Police Department generated General Fund revenues. The Police Department refers approximately 3,500 tows annually to private tow operators. The proposed Referral Fee would be collected on a per vehicle basis and would reflect the City's costs of administering the towing program and its role in developing the business of the private firms chosen to provide Police-initiated towing and impound services. Consumers may contact any towing company they choose, provided their choice will not unreasonably delay the attending Police Officer, but the Police Department's referral is valuable in terms of the business opportunities for tow companies on the list. Additionally, the Referral Fee would assist in developing full cost recovery (FCR) associated with the Police Department's Towing and Abandoned Vehicle Abatement Program. Total program costs compared with current reimbursements are described in the table below. CITY OF CHULA VISTA TOWING PROGRAM COSTS Classifkation Rate: FCR: Hours: Towing Program Costs: Community Service Officer $28,040.00' 2.56393 nfa $71,892.60 Communications Operator II $17.12 2.92998 350.CJ2 $17,556.44 Peace Officer $21.90 2.92998 2007.3' $128,798.33 Police Records Assistant $13.03 2.92998 1040.0' $39,704.74 Police Sergeant $26.71 2.92998 104.0' $8,139.02 Total Police Department Towing Program Costs: $266,091.13 City's FullCòst ReCoveryPiogi:iiñ- differentiates full- and pa:ri-timepositioM iIÏits meth<>doloiYto de¡;';:;;;¡;;~ the·· appropriate full cost recovery amount. 2 The Communications Operator must take the call, dispatch a Police Officer, make the appropriate data entries and then contact the tow company. These tasks average approximately six (6) minutes per call for tow service. , Based on an average of 34.41 minutes per tow; this is the per call for service average derived from the FY 1995-96 Patrol Staffing Study. . 1.0 Police Records Assistant spends approximately one-half of her time on tasks related to the Police Department's Towing Program. s 1.0 Police Sergeant spends approximately 5% of his time on tasks related to the Police Department's Towing Program. \~-l.. - - Page 7, Item Meeting Date: 3/07/95 Currently, the Police Department receives approximately $100,000 annually for reimbursement of Abandoned Vehicle Abatement efforts and approximately $100,000 annually for reimbursement of costs associated with negligent vehicle impounds. Based on a Referral Fee of $17.00 (the most common rate in San Diego city), the Referral Fee would generate $59,500 in annual General Fund revenue. Therefore, if the Referral Fee concept by staff is adopted, the Police Department would recover approximately 98% of the costs associated with providing Police-initiated towing services if Chula Vista's Referral Fee is at San Diego's most common level. The Referral Fee would not be applicable to the towing of City vehicles or on the towing and impoundment of abandoned vehicles. Competitive Process. There has been significant interest in a competitive process from local and regional towing firms. Moreover, the five existing firms have stated that they are prepared to respond to a competitive bid and operate in a more competitive environment. Staff is proposing to implement a process similar to that recently used by the City of San Diego. That process used an administrative analysis to determine an appropriate rate structure. Firms were then requested to demonstrate their capability to provide the necessary services, comply with the appropriate rate structure and, within that rate structure, bid a per Police-initiated tow Referral Fee to be paid to the City. This method has the advantage of allowing a comparison among responsible bidders based on a single, directly comparable moving point: each bidder's proposed Referral Fee. The San Diego Police Department received separate bids for each of nine pre-determined geographic zones or tow districts. The referral fees bid for these nine districts range from $17.00 to $35.00, however, the most frequently occurring referral fee is $17.00. Contract A ward. The proposed competitive process would include two distinct phases: a Qualifying Phase and a Fiscal Impact Evaluation. The Qualifying Phase would consist of an analysis to determine if the proposer meets specific minimum business operation, equipment, contractor performance and customer relations requirements. These requirements would be articulated in any agreement negotiated for Police-initiated towing and impound services and include: · Having a minimum of three years in the towing business and ownership of a fleet of at least four (4) tow trucks in a variety of tow-capacity ratings and configurations. · Maintaining an impound and release facility in the City of Chula Vista and providing unobstructed and convenient customer access thereto. · The ability to remove motor vehicles on a twenty-four-hour-a-day, seven-days-per-week basis. · The ability to respond to requests for towing services within twenty (20) minutes. · Towing inoperable City vehicles twenty-four-hours-day at no cost to the City. \~-\ ~----------""-'--"--- . ,-----------.-..----------.-.---..--- "____.____ .._.. _.m~._ _._....__.__..._______..__._...__.____ Page 8, Item Meeting Date: 3/07/95 . Removing and impounding up to ten (10) vehicles per day at no cost to the City from both private property and the public right-of-way as may be required by the Police Department and the Department of Building and Housing. The remaining requirements are described in Attachment 1. Proposers would be required to clearly demonstrate, through their proposal and, if necessary follow-up site visits, their ability to meet these requirements. Additionally, this phase would ensure the proposer agreed to implement the rate structure presented as Chula Vista Proposed shown above. Firms passing the Qualifying Phase would be certified as responsible bidders. All responsible bidders would qualify for the Fiscal Impact Evaluation. This evaluation would assess only the respondents proposed Referral Fee. The firm proposing the highest Referral Fee would be identified as the successful bidder. Staff would negotiate with the successful bidder to develop an operational agreement based upon the RFP's requirements. Next, staff would negotiate with the remaining responsible bidders in descending rank Referral Fee bid order to determine if those firms would provide Police-initiated towing services under the Referral Fee negotiated with the successful vendor. This process would continue until a maximum of three firms were identified or the list was exhausted. Staff would ultimately bring forward a Resolution approving agreements with not more than three firms and amending the Police-initiated Towing Service Rate Schedule to reflect those rates presented as Chula Vista Proposed in this report. Number of Tow Companies. Staff recommends that agreements with no more than three tow companies be brought forward for Council approval based upon their capabilities as demonstrated in the Qualifying Phase and their ability to enhance General Fund revenues via their proposed Referral Fee. A survey conducted by the California State University at Bakersfield in 1992 indicates that most cities with populations in excess of 50,000 have fewer than five tow contractors. This study further indicates that three (3) is the most frequently occurring number of city authorized tow companies among cities with populations over 50,000. (see Attachment 3) Additionally, regulating the activities of three (or fewer) rather than five tow companies, even taking into account the exemplary compliance record of the existing firms, is likely to reduce the regulatory burden on staff. Staff anticipates that the time required for site visits, equipment inspections, routine follow-up and abandoned vehicle abatement service coordination activities will be reduced with fewer companies. Therefore, reducing the number of companies to three or fewer based on the proposed competitive process will result in a more effective utilization of Police Department staff. However, staff would have no serious objections to including as many as five firms in the future Police- initiated towing rotation. Staff would have significant concerns with identifying more than five firms. Staff and the existing companies agree that there is simply not enough Police-initiated business to support five towing firms. The final number of tow companies will be addressed further when staff returns for Council review of the proposed contracts. \ ~ -<! - - .---" . ~~--_.~_.__._~._~_...----~.~.__..- ... ._,,-_._.._------"--_._-----_._-~.- Page 9, Item Meeting Date: 3/07/95 Staff would implement the proposed competitive process on the following schedule: · Issue Request for Proposals: March 16, 1995 · Responses to RFP Due: April 16, 1995 · Proposals Evaluated: April 16 through April 30, 1995 · Contract(s) Negotiated: May 1 through June 1, 1995 · Contract(s) Reviewed by Council: June 13, 1995 Conclusions. Approval of the staff recommendations would: a. implement a competitive process to select the providers of Police-initiated towing and storage services consistent with past Council direction; b. result in an appropriate revision to the City's Police-Initiated Towing and Impound Rate Schedule; and, c. develop additional General Fund revenue to offset the costs of providing and administering the Police Department's Towing Program -- a service that benefits a very limited, and well-defined spectrum of the community. Alternatives. There are a variety of alternative approaches to the staff recommendations. These alternatives include: 1. Retain the five existing tow companies under the auspices of a new agreement with a Referral Fee. This alternative could be implemented; however, numerous local tow companies have been waiting for an opportunity to compete for the City's Police towing business and the amount of the Referral Fee would need to be determined. 2. Allow the competitive process to set the rate structure instead of or in addition to the Referral Fee. There are three approaches within this alternative: a. Council establishes a Referral Fee in advance of the competitive process and all responsible bidders would be evaluated based upon their proposed tow-related rates. b. The Referral Fee is bid as part of the competitive process and all responsible bidders would be evaluated based on both their proposed rates and proposed Referral Fee. Staff does not recommend this approach due to the difficulties inherent in simultaneously evaluating two floating points (Le., rates and Referral Fee). \3A -,,---~.__._-,-- Page 10, Item Meeting Date: 3/07/95 c. Council rejects the recommended Referral Fee and all responsible bidders would be evaluated based upon their proposed rates. 3. Implement a rate increase but not implement the proposed Referral Fee or a competitive process. This alternative would provide for a rate increase (in an, amount that would have to be determined) without implementing a Referral Fee or going through a competitive process. FISCAL IMPACT: The proposed Referral Fee would generate annual General Fund revenue to help recover the City's costs for the Police Department's towing program. The amount of revenue would vary depending on the bids received but would be about $59,500 if the final Referral Fee is $17.00. \~-ID __._______..__,....' ______ __.m__._·~·'~"_~___··_·_____·__·__"'___ ---~-_..,_._.._--_.. ATTACHMENT 1 1. Contractor shall have been providing tow operations for a minimum of three years. 2. Contractor shall maintain an impound and release facility in the City of Chula Vista and shall provide unobstructed and convenient customer access thereto. 3. Contractor shall remove motor vehicles on a twenty-four-hour-a-day, seven-days-per- week basis. 4. Contractor shall respond to requests for towing services within twenty (20) minutes of being notified by the Police Department. 5. Contractor shall tow inoperable City vehicles twenty-four-hours-day at no cost to the City. 6. Contractor shall, at the request of the City, remove and impound up to ten (10) vehicles per day at no cost to the City. 7. Contractor shall comply with the approved schedule of charges and posting of same in a conspicuous place at all locations where the Contractor does business. 8. Contractor shall maintain the following equipment in good working order: a. Tow Trucks. A minimum of four trucks including: 1 Wheel Lift rated at 14,500 Gross Vehicle Weight(GVW); 1 Rollback rated at 14,500 GVW; 1 Twin Cable- Boom rated at 1 ton or more; and, 1 Hydraulic Boom rated at 1 ton or more. b. Tow Truck Winches. Each truck shall have a winch that is power-driven in both directions and equipped with an adequate braking system. c. Tow Truck Lighting. Each truck shall be equipped with the lighting systems as required by CVC. Additionally, trucks shall be equipped with utility lamp lighting systems that comply with the CVC. d. Tow Truck Implements. Each truck shall be carry the miscellaneous implements and equipment required by CVC Section 27700. Additionally, Contractor shall have a minimum of one set of dollies readily available at all times. e. Tow Truck Identification. Each truck responding to requests for police initiated towing and impound services shall, on both sides of the vehicle, conspicuously bear the company name, address and phone number(s). f. Tow Truck Radio Communications. Each truck responding to requests for police initiated towing and impound services shall be equipped with radio communications equipment capable of effecting two-way radio communications between the truck and the contractor's dispatching operation. Citizens Band radios shall not be used to meet this requirement. g. Tow Truck Maintenance Standard. Each truck responding to requests for police initiated towing and impound services shall be well maintained and clean on the exterior and interior and should reflect the clean image of the City of Chula Vista. t~-II 1 ._-----_..,_.._~~_._- .----- 9. Contractor shall provide tow truck operators with a uniform that clearly identifies the company and the operator. 10. Contractor shall preserve the right of any individual involved in a non-criminal traffic collision to call the tow company of their own choosing and shall not be infringed except in those cases where an unnecessary delay in removing the motor vehicle will, in the opinion of the investigating Peace Officer, diminish public safety. II. Contractor shall make and sign an accurate damage assessment and vehicle inventory for each vehicle towed and that the damage assessment is recorded on City approved forms. 12. Contractor shall be liable for any damage or loss of property occurring to the vehicle while in contractor's possession. All damage not recorded on the damage assessment will be considered the contractor's responsibility. 13. Contractor shall make vehicles stored at the request of the City available for the purpose of estimating or appraising damages. 14. Vehicles impounded by the City for investigative purposes shall be held in maximally secured areas. 15. Contractor shall not make any repairs or alterations of vehicles in their possession without express written authorization. 16. Contractor shall release impounded vehicles in compliance with and subject to the following terms and conditions. a. Contractor shall courteously provide any information required by claimant to effect the release of the impounded vehicle. b. Contractor shall not release any vehicle impounded as the result of a Police initiated tow unless the claimant presents a valid, City-issued Police Release. c. Contractor shall efficiently process claimants requests so that legitimate and appropriate requests for the release of stored or impounded vehicles are completed within one (1) hour of the time claimant arrives at the contractor's location. 17. Contractor shall display in a conspicuous manner, at every place of business from which Police initiated towing and impound services are rendered, City issued "Consumer Complaint" forms provided by the City. 18. Contractor shall comply with applicable City Business License; Building and Construction; and Zoning Regulations. 19. Contractor shall comply with all applicable sections of the California Vehicle Code. 2 \~- )d.- ..---- ..----..---...-.- ATTACHMENT 2 -- PROPOSED POLICE INITIATED TOWING AND IMPOUND SERVICE RATE SCHEDULE Service Proposed Rate Basic Tow $70.00 Per Mile Charge After First Mile $2.50 Hourly Storage Fees $2.50 Daily Storage Fee $15.00 Dry Run Charge $20.00 Dolly Usage $30.00 Labor at Scene After First 1/2 Hour $15.00 Heavy Duty Tow $125.00 Heavy Duty Dry Run $20.00 Heavy Duty Hourly Storage Fee $2.50 Heavy Duty Daily Storage $20.00 After-Hours Release $30.00 Negligent Vehicle Impound Fee $55.00 Notes: 1. Mileage charges shall accrue from the point of vehicle pick up to the location of storage. 2. A second day's storage charge shall not accrue until the vehicle has been in storage for twenty-four hours. 3. Labor charges shall not accrue until the tow operator has been on-scene for thirty minutes. The operator shall sweep up the scene at no charge. There shall be no labor charge for unlocking a vehicle or removing a vehicles linkage. 4. After-hours release charges shall be applicable after 5:30 p.m. Monday through Friday, Saturdays, Sundays and Bank Holidays. 5. Tow companies shall accept cash or major credit cards for all payments required to release vehicles impounded at the request of the Police Department. Companies shall keep adequate cash on-hand to make change. 3 \~-)~ - ....,..--....-..--. ..-..--.--....-..----- u.__. Attachment 3 en Q) .- c: ~ "'C C.C + 0) it:: E:8 0 en .... ,- 0) ~ a~ CCJ II) () :J 0> :>. c... .t: ~ 0 en en .... C- O) 0) CO .- > c: ~ + CCJ c: c... :J 0 E 0) 0 '.. 0 - "tJ ü CCJ 0 - Q) - :3: (j) 0 ¡S:! CCJ N LO CO c: .- "'C .... ~ ..c. 0 0) ..... a:!:: N .- .¡:: CCJ ..c:~ LO 0 Ü ..c: +-' ctS - 0) :::::s ..c: :J .- « - «E ..... ..... ~ 0 0 0 .... c: >-~ 0) 0 ..c enr-. +-'ctS ('I) E enr-. .- 0 en :::::s -- .. 0) Efò 0c::: z .... 1= .t: 0) ~ ü Q..UJ "t- .- 0 ..... C\I 0)- a en 0 ..c:CÐ Q) .... .... .~ 0) "0 ~ .- ..c ..c:c: +-' _0 Q) .- E .- a. ,- :3: g¡ ..cO :::::s a: Z "'Ccn 0) Q) E 0 LO 0 LO 0 ü:E C\I ,- ,- :::::sO "'Cõ :J 0... .... Q) Z c....a 4 CD E \~-/~ c:~ - -...------.----- -..__.-._-----~---_. Minutes November 5, 1991 Page 12 RESOLUTION 16>W4 OFFERED BY COUNGLMAN MOORE, reading of the text was waived, passed and approved Wlanimously. Councilman Rindone stated he supported the motion but felt this was one of the taxes that could be imposed with minimal impact upon the residents of the City. Councilwoman Grasser Horton noted that it would cause a hardship on the hotels and motels in being competitive with others in the County. RESOLUTION 16>W4 APPROVING ABATEMENT OF TIlE TRANSIENr OCCUPANCY TAX FROM A RATE OF TEN PERCENr TO EIGHf PERCENr FOR CALENDAR YEAR 1992 ORAL COMMUNICATIONS Don Swanson, 187 Murray Street, Chula Vista, CA, representing the Downtown Business Association, informed Council that the County Board of Supervisors had unanimously voted to support the Otay Mesa site for the University of California campus. He then updated the Council on the selection process for the Town Manager. Forty applications were received and it is anticipated that review will be completed by next week with finalists submitted to the DBA by December 1st. The Honorary Grand Marshall for the Starlight Yule Parade will be Ex-Chief of Police Bill Winters and the Grand Marshall will be Mother Goose from El Cajon. ,;(1 _~ ~_. _ __ -" -- -~~-~. -. - -~~ - ACTION ITEMS / Ar REPORT POUCE INITIATED VEHICLE TOWS; REVIEW OF APPROPRIATE NUMBER ' OF TOW COMPANIES TO RETAIN UNDER CONTRACT AT CONQ,USION OF EXISTING TIiREE YEAR ' AGREEMENTs - The latest tow agreements were executed in October 1989. On 9/18/90, Council approved two staff recommendations: 1) that no additional tow companies be added to the list at that time; and 2) that the issue be reviewed again prior to expiration of the current operating agreements. This i tern is intended to provide Council with that review. Staff recommends that upon expiration of the current operating agreements, Council Continue to retain five (5) tow companies. (Chief of Police) Ed Wood, 140 Reed Court, Chula Vista, CA, representing Glenview Towing, spoke in support of the staff recommendation. He stated that the businesses were having a difficult time with their revenues down 40% and he did nor feel they could afford the additional competition. Bo Lemler, 3487 Main Street, Chula Vista, CA, representing Paxton Towing, spoke in support of the staff recommendations. He noted that all their expenses were rising with their revenues down 42% and it would be a hardship if other companies were added. Brad Ramsey, 1421 California Street, Imperial Beach, CA, representing A to Z Towing, spoke in support of the staff recommendation. He suggested that staff and the Police Department look at lowering the number of companies in the future. Clay Platt, 449 D Street, Chula Vista, CA, representing Platt's Towing, spoke in opposition to the staff recommendation. He stated that he was nor one of the five current tow companies and felt that the system should be set so that if one company felt they could service the entire city, they should be able to submit a proposal indicating this. The setting of any number was unacceptable. He questioned whether the tow contracts would come under the California Public Contract Law. Ruth Fritsch, Assistant City Attorney, responded that she would have to research this and return to Council. 5 \ ~- t s --------~---_..._._-_._-- -- -------~---- _..w...'._.____ ---'.-..,------.-.----." Minutes November 5, 1991 Page 11 other uses being taxed should be reviewed, Le. billboards, cardrooms, rock concerts, etc. rather than "sticking" the local businesses. He felt this was a different set of priorities than he had. MS (Nader/Grasser Horton) to defer the 1991-92 Business License Tax increase for one year. Mayor Nader stated that if the economy was better Council would be justified in increasing the tax but at this time the City should be encouraging businesses at this time. Councilman Malcolm stated he would support the motion if it was promised that staff would work and bring forth to Council proposed cuts in the budget to balance the deficit. Mayor Nader stated he could accept that if credit was given for turning over the operation of the Youth Center to the Boy's and Girl's Club. SUBS1TI1ITE MOTION: (Malcolm/Nader) 1) to continue the public hearing for two weeks, and 2) direct staff to bring back a revised schedule that will look at raising some of the uses while trying to come up with a balance within the schedule (keeping in mind that it is the Council's wishes that the taxes be reduced as close as possible to the CUITent levels). Councilman Moore questioned whether there would be a $146,000 shortfall in the budget if the Business License Tax was not increased. He felt the proposed action by Council was appropriate and that the options brought back for review should be varied regarding potential cuts. City Manager Goss responded that the budget, in tenns of being balanced, was out of balance by approximately $60,000 of revenues over expenditures, therefore there was a plus figure for this fiscal year. Councilman Rindone stated he would like to see the net reduction due to the Business License Tax be offset by increases in other areas as mentioned and/or other budget reductions so this would be zeroed out to be reflective of the downturn of the economy. Mayor Nader stated that the intent of the motion was partially counterbalanced with increases in other categories with staff coming back with a report that would indicate appropriate budget cuts or at least with staff recommendations. City Manager Goss stated it would not be actually reducing the rates but raising selected rates and addressing possible budget cuts. VOTE ON SUBSTITlITE MOTION: approved unanimously. 21. PUBliC HEARING FOR THE PURPOSE OF CONSIDERING ABATEMENT OF THE TRANSIENr OCCUPANCY TAX - In October 1990, Council adopted Ordinance No. 2407 increasing the Transient Occupancy Tax (TOT) to a maximum rate of 10% and providing for annual abatement hearings at which time the tax could be lowered. Staff recommends approval of the resolution. (Director of Finance) Lyman Christopher, Director of Finance, infonned Council that all local hotels and motels had been notified of the public hearing and only one response had been received which was in support of staff recommendation. This being the time and place as advertised, the public hearing was declared open. There being no public testimony, the public hearing was declared closed. 6 1 '; ,/10 "~-~~_..__...-_.._-_...._.._._---_.- ------~-- ----~~-- - _.".- --~-------- Minutes November 5, 1991 Page 13 Mayor Nader infonned Mr. Platt that the action taken by Council tonight would not in any way extend the current contracts of the five tow companies. Action would on1y set the number of companies at five. Upon expiration of the contracts next year it will be opened for competitive bid. Keith Hawkins, Acting Police Chief, responded that staff was recommending five companies at this time and that it would be opened for competitive bids next year. The current contracts are for three years with one year left on the contracts. There was also a waiting list of current contractors that would also be contacted. The RFP had been published in the past along with individual letters being mailed. Councilwoman Grasser Horton questioned what the RFP process would be at that time. City Manager Goss responded that the RFP process would be based on the Ordinance of the City and sent to all contractors in the City that could provide service. Mr. Platt felt the Council was picking a "magic" number and that it was to the City's disadvantage to do this. He would be against any specific number being set. Duane Pudgil, 378 San Miguel Drive, Chula Vista, CA, representing South Bay Towing, spoke in support of the staff recommendation. He stated the current system had worked for him since 1965 and felt they could continue to operate with four competitors. MSUC (Malcolm/Grasser Horton) to approve the staff recommendation to continue to retain five (5) tow companies. Mayor Nader requested that staff notify all interested parties upon the expiration of the contracts and the new RFP process next year. ~.II. BOARD AND COMMISSION RECOMMENDATIONS None submitted. ITEMS PULLED FROM TI-IE CONSENT CALENDAR Items pulled: 6, 10, 11, and 15. The minutes will reflect the published agenda order. OTI-lER BUSINESS 23. OTY MANAGER'S REPORTfS) a. Scheduling of meetings. No report given. b. Updated Council on the recruitment for a Police Chief. Fifty-five applications were received and due to the large number of qualified candidates the original screening process has been modified. Seventeen applicants will be interviewed with the final applicants going on to the assessment center. None of the seventeen finalists are from out-of-state. c. Infonned Council that Chuck Cole, Advocation, Inc., Consultant in Sacramento, would be here November 13-14 and would be available to meet with Councilmembers. He will be meeting with the Department Heads during one of their regular meetings. Councilman Moore requested that the Council be invited to the Department Head meeting. 7 \~- \, ..-.------. -- ~----- ----.- - ------~-- ----- +---- -- ------ ".__.~_._~-~..- Minutes November 5, 1991 Page 14 d. Introduced Dan Beintema the new Senior Management Assistant replacing Iracema Quilantan in the legislative program. 24. MAYOR'S REPORT[S): a. City participation in the SANDAG Conflict Resolution Procedure. The north counties have requested that the south counties participate in the SANDAG Conflict Resolution procedure. He felt the procedure was ambiguous but recommended that Council not decline to participate but appoint a delegation to protect the interests of the City. MSUC (Nader/Grasser Horton) to appoint a delegation of CounciIman Moore, City Manager Goss or his designee, County Supervisor Brian Bilbrey, and Councilman Malcolm to sit down and talk with the north county cities and discuss participation in the SANDAG Conflict Resolution procedure. City Manager Goss stated that due to events happening, perhaps the SANDAG Dispute Resolution should be withdrawn. Mayor Nader responded that this action tonight should not be used as an excuse for delay but on the contrary, it should be used as a product for action. b. Ratification of appointments and reappointments to Boards/Commissions/Committees MSUC (NaderlRindone) to ratiiY reappointment of Katy Wright and appointment ofWilli= M. Canedo and Tonnette S. Joynes to the Child Care Commission. Mayor Nader stated he had completed interviews for the Growth Management Commission and would bring forth the eight recommendations as soon as possible. Councilman Moore stated it was his understanding that the full Council would be involved in the selection process for the GMOC. He recommended that the eight recommendations be given to Council for review before being placed on the agenda for ratification. He felt that a Commission of that importance should be interviewed and selected by the full Council. Mayor Nader stated he was open to any suggestions by Council and unless directed otherwise, he would proceed with bringing forward the names for ratification. Councilman Rindone questioned when the recommendations for the Mobilehome Rent Review Commission would come to Council. Mayor Nader stated he would have the Mayor/Council secretary pole the members for nominations. After being informed by several Councilmembers that they had already submitted their nominations, Mayor Nader stated he would obtain that information and return with appointments as soon as possible. c. Authorization for trip to Ciudad Victoria to attend the Bridges and Border Crossings Conference, November 13-14. This is a semi-annual conference which will be attended by federal officials from the U.S. and Mexican governments. He had been invited by the Transportation Ministry to speak on the proposed airport issue. MS (Nader/Grasser Horton) to authorize the Mayor and one staff member to attend the Bridges and Border Crossing Conference, November 13-14, at Ciudad Victoria, and appropriate $1,300 from the Contingency Fund. Councilman Malcolm questioned the cost of the tickets and why a staff member would also be attending. 8 \3/ì3' -.. _._.._._.._-~--- / COUNCIL AGENDA STATEMENT - Item _ Meeting Date 11105/91 ITEM TITLE : Report -- Police Initiated Vehicle Tows; review of appropriate number of tow companies to retain under contract at conclusion of existing three year agreements. . SUBMITTED BY : Acting Chief of pOliceÿ REVmWED BY : City Manager (4/5ths Vote: Yes_No..xJ Refemll No. 2129 Currently the City contracts with five companies to provide Police initiated vehicle tows: Anthony's, Arnold's, Glenview, Paxton and South Bay. These towing services are provided under separate but identical three year agreements executed in October, 1989. At it's meeting of March 28, 1989, Council directed the Police Chief to hold these companies to improved response time, upgraded equipment, directed abandoned vehicle abatement and performance standards; and, to drop from this towing referral list any companies unable or unwilling to meet these new standards. The Chief returned to Council on June 13, 1989, with a report indicating that all five companies had, some at significant expense, agreed to meet the new standards, and, that the Department would ensure their compliance with the amended standards. Council last visited this issue in September, 1990, in response to a written communication requesting that the towing referral list be expanded. On September 18, 1990, Council approved two staff . recommendations: one) that no additional tow companies be added to the list at that time; and, two) that the issue be reviewed again prior to expiration of the current operating agreements. This agenda item is intended to provide Council with such a review. RECOMMENDATION: Upon expiration of the current operating agreements, continue to retain five (5) tow companies. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable DISCUSSION: This review will focus primarily on three issues: the purpose of a such a program; issues inherent in expanding and (if necessary at a later date) reducing the number of companies on the referral list; and, general staff concerns. 9 \~/1~ -~--~--,.__."_._- ~-~-_._.__.._,-- -----. -~-_._--~---- ~----_...,----- Page 2 Item Meeting Date 11/05/91 The purpose for having a towing referral list is to provide fast, efficient emergency and abandoned vehicle tow services on an as-needed basis. Long response times to emergency tow requests adversely impact Police Officer's ability to return to active duty. Emergency referrals include accidents, arrests and other calls for service where vehicles are involved and are, for any number of reasons, unable to be moved to the appropriate location without Police intervention. Each company on the referral list is granted an approximately equal share of the emergency referrals each month through a first called rotation. During a typical month, each company is . at the top of the list for six days. Additionally, each company has agreed to provide up to ten abandoned vehicle abatements per day for each day they are first up on the referral list ( each company is first up appoximately six days per month). Abandoned vehicles can be identified by Police Officers, Code Enforcement Officers of the Building and Housing Department or citizens. In any case, these five companies abate abandoned vehicles at no cost to the City as part of the towing program. Expanding and reducing the referral list presents several issues. Initially, the number of companies which can provide the services and still make a reasonable profit must be estimated. If too few companies are employed, City initiated tow business is not appropriately distributed and profit is high. Should too many firms be retained, the City's business is not profitable to any of the firms and quality of service inevitably suffers. Staff must also identify the method to be used in evaluating a tow company's ability to provide the services required. In the present case, companies on the previous referral list were asked to meet enhanced minimum qualifications (most incurring significant costs to do so). A Request for Proposal methodology has also been used successfully by other jurisdictions in the County. Additionally, contingencies must be provided in case the number of Police initiated tows falls below that previously identified level where all finns can continue to profitably provide the required services. Determining the method to eliminate finns from the list is problematic. For example, what decrease in Police initiated tows triggers a list reduction (that previously identified level or something below it) and what technique is used to determine which, and in what order, companies are eliminated from the rotation (first in/first out, last in/first out or random)? While firms might drop out of their own volition, this strategy would benefit larger, or more established, operations better able to absorb business segment operating losses. As stated in previous communications on this subject, the Police Department's main concern is that tow companies provide quality service for our officers and citizens. Staff is not convinced that adding additional tow companies would enhance the quality of tow services. Response times have been, in the main, within contractual guidelines, and, while there have been occasional complaints regarding each of the companies, perfonnance continues to be satisfactory. Staff is sensitive to businesses, especially those owned by Chula Vista residents, which would like to be included on the referral list, however, the number of Police initiated tows has been relatively constant over the past three years: 10 \~,~C> --,----- _._~~---.-..- .- ---~ Page 3 Item - Meeting Date 11/05/91 . Year Police Initiated Tows 1989 3698 1990 3573 1991 (estimated) 3625 Companies currently under contract have averaged approximately 726 tows per year (or 60 per month) over the past three years. Adding a sixth company would reduce that average 17.4% . to about 600 per year. Without a significant increase in the number of Police initiated tows, and in the absence of any other quality/performance issues, Staff does not believe that a recommendation to increase the number of companies on the towing referral list is indicated. FISCAL IMPACT: None 11 \~p~1 I.'inutes September 18, 1990 Page 6 minutes during City Council closed sessions, as well as the pros and cons of releasing this information to the public, with a special request to consider audio taping as part of the alternatives. Staff recommends Council accept the report. (City Attorney) JoII/lðO Councilmembers Malcolm and Nader voted no.. , 12. REPORT ENFORCEMENr POUCY CONCERNING SECTION 10.52.110 OF TIiE MUNICIPAL CODE - TIiE PLACEMENr OF "FOR SALE' SIGNS ON PARKED VEHICLES . Staff has reviewed the ordinance with the City Attorney's office and staff has concluded that it is enforceable and serves a vety useful purpose. For uniformity in enforcement of this ordinance, a written policy has been distributed to all members of the Police Department. Staff recommends Council accept the report. (Chief of Police) Pulled from Consent Calendar . JoUS/ Councilman Nader stated he supported the staff recommendations but wanted to get clarification of the memorandum to be distributed to the Police Department. He questioned whether the Department would cite in response to a complaint, a car on private property owned by the property owner. William Winters, Chief of Police, responded that they are advising their officers not to cite for a violation of this section if the car is on a public street, as the department has to show that it was the primary purpose which is difficult to do. If parked in front of someone's home or on a public street, the Department prefers to use the 72 hour section to handle those violations and that is the intent of the memorandum. MSUC (Nader/Moore) to accept the staff recommendation. '" -. - 13. REPORT . PROS AND CONS OF EXPANDING POUCE EMERGENCY TOW REFERRAL' UST FROM FIVE TO SIX COMPANIES . At the 8/28/90 Co~ncil meeting, Council received a written . communication from Mr. Casey Jones requesting that he be added to the police emergency tow referral list, Staff recommends Council not add any company to the two list at this time and review the issue again when the current contract expires in October of 1992. (Chief of Police) Pulled from Consent Calendar hAS: Ed Wood, 140 Center Street, Chula Vista, California, representing Glenview Towing, spoke in favor of the staff recommendations. If Council expanded the list and put on anyone that wanted to be on, it would create pandemonium. He felt the process currently utilized was equitable and should be followed. There are currently five companies on. the list, each is on for six days, with the companies rotating. Towing assignments are currently once a month. He noted the towing companies also tow abandoned cars for the City at no charge which takes away from the gross revenues. He felt it would create a financial hardship on the existing companies. Duane Pudgil, 378 San Miguel Drive, Chula Vista, California, representing South Bay Towing, spoke in favor of the staff recommendations. He has been serving the City for twenty-one years and stated he was a local small businessman. They currently have a three year contract for towing and he would like tp see the contract honored. Councilman Nader questioned whether the contracts contain conditions regarding exclusivity. City Attorney Boogaard responded that the contracts do not contain any verbiage regarding exclusivity. He was informed that during the negotiating process, there was a verbal commitment to the companies. 12 \ 3~~#. --~~------ ~- -,-----_.,.._"~-_._-_.._.._--- ----.-------..-.-- _._-~--_._. Min utes Septembet 18, 1990 Page 7 William Winters, Chief of Police, responded that the only things represented to the towing companies was that the City would be doing business with the five companies. He was unaware of any other verbal agreements. Councilman Malcolm questioned what the opinion was regarding a commitment to only five tow companies. Chief Winters responded that staff had recommended that the number be reduced from five to three and it Was Council's desire to retain the existing five companies. He felt the Council had made a commitment to the towing companies. Bo Lemler, 34867 Main Street, Chula Vista, California, representing Paxton Towing, spoke in favor of the staff recommendation. He stated the City of Chula Vista had the lowest rates of all cities in the state. When Council requested new conditions, the companieS' agreed and purchased the equipment needed and hired personnel as needed. He stated the caBs are down approximately 30% from two years ago and if another co·mpany is brought in, the companies would not. be able to give the same service and response time. He did not feel it was fair to bring on another company at this time. Peggy RoBing, 316 K Street, Chula Vista, California, representing Arnold's Towing spoke in favor of the staff recommendation. They have purchased two tow trucks in order to comply with Council's conditions. This Was done in anticipation of being able to continue to tow for the City.. She felt there would be a financial hardship if another Company Was added. John Clark, 904 Redbud Road, Chula Vista, California, representing J. E. Towing Inc., spoke in favor of the staff recommendation. He felt it would be wrong to add another company to the list at this time. He noted the high cost of equipment and operations. He also requested that Council keep in mind the needs of the tow companies when rezoning areas of the city. Casey Jones Jr., 178 Minot Avenue, Chula Vista, California, representing Eagle Towing, spoke in opposition to the staff recommendation. He stated he had researched the number of cars towed within the City over the last year and felt the Council would be surprised at the large number. Dawn Herring, Prindpal Management Assistant for the Police Department, stated ·there were 3,698 tows in 1989 with 2,449 tows from January to August 1990, which is a 3% decrease from 1989. Mayor Cox stated there were six or seven companies on the waiting list and questioned whether these companies would be considered in 1992. City Manager Goss responded that those companies expressing interest would be included for review in 1992. Mayor Cox felt the system utilized worked very well. If Eagle Towing were t() be added to the list, it could be expected that the same request would be received from the five other companies on the waiting list He would recommend that Council accept the staff recommendation and ask staff to begin a process to evaluate the towing service in conjunction with 1992 and come back to Council nine to twelve months prior to the expiration of the contracts in October 1992 and layout what their recommendations would be in regards to the continuation of towing services in the City along with alternatives. Options should be made available for the Council to consider. Councilwoman MCCandliss stated Council had felt that the five companies could respond to the City's needs and the companies had complied with the conditions set by Council. She also felt it was an exclusive agreement and that Council had a responsibility to honor it 13 \ -3 ...}3 - ----...-- -- --.- --.-.-- ~- Minutes September 18, 1990 Page 8 Councilman Malcolm replied that the testimony had made a difference in how he felt regarding the issue. He felt there could be changes, but he had not remembered requiring the five towing companies to purchase equipment, etc. He complimented Mr. Jones for working with the staff and Council regarding his request. He also felt that the City should have a minority set-aside program. He would vote yes for the staff recommendations because of the amount of money spent by the five contracted towing companies to meet Council's conditions. MSC (Malco1m/Moore) to accept staff recommendations and direct staff to bring back a report within the next twelve months on how the City will deal with the problem, how many towing companies are proper, and when the contract will go out to bid. A minority set-aside prograµ¡ (Le. County of San Diego) is to be brought back to Council within the next ninety days for review. , City Attorney Boogaard stated he had done extensive research on the set-aside programs and in the last ten years there were three major Supreme Court cases which limited the ability to permit set-aside programs on an ethnic based classification. He would like the opportunity to review the report with the Police Department and provide a legal analysis. Councilman Nader stated he would expect to see included in the report a program that assures opportunity to minority owned businesses and a basis for Council to determine the optimum number of towing companies for a city the size of Chula Vista. VOTE ON MOTION: approved unarumously. . * * END OF CONSENT CALENDAR * * PUBUC HEARINGS AND RELATED RESOLlITlONS AND ORDINANCES None Scheduled OTI-IER BUSINESS 14. ORAL COMMUNICATIONS - None. 15. ITEMS Puu.ED FROM 1HE CONSENT CALENDAR (ltems pulled: 5c, 9, 12 and 13) The minutes will reflect the published agenda order. 16. ClTI MANAGER'S REPORTfS) - None. 17. MAYOR'S REPORTfS) a. Ratification of appointments to Boards and Commissions: Safety Commission ~e3 MSUC (Moore/Cox) to appoint Frank Chister to the Safety Commission. b. Establishment of a Blue Ribbon Committee for review of the City's Draft Housing Element Update (1991-1996) /'188 'I 14 \3..~l\ ..--.--.""--..... ...-.....---- ~~__"_.~~____ ~_____·___·_.___··.·m_. ATTACHMgNT . COUNCIL AGENDA STATEMENT Item Meeting Date 9/~/90 ITEM TITLE: Report Pros and Cons of expanding the Police Emergency Referral Towing list. SUBMITTED BY: Chief of ~jw REVIEWED BY: City Manager (4/5ths Vote: YeS_NoXX) Referral II 2106 At the August 28, 1990 Council meeting the Council received a written communication from Mr. Casey Jones requesting that- he be added to the existing Police Emergency Towing Referral list. Staff was directed by Council to research the issue and present the pros and cons of adding additional tow companies to th~ emergency - tow referral list. RECOMMENDATION: Do not add any additional tow companies at this time, however recommend reviewing this issue when the existing agreements expire in October of 1992. / BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: In October of 1989 the City Council, by resolution, entered into an operating agreement with each of the five tow companies who were on the referral list at that time. These companies include: Anthony's, Arnold's, Glenview, Paxton's and Soutft Bay. As part of this new contract each company was required to enhance the level of service provided in Chula Vista. This enhancement included the requirement to have four (4 ) tow trucks of varying kinds, increased levels of insurance, as well as specific types of equipment to be carried on each truck. In order to meet these qualifications each of the five companies invested in new equipment and insurance at a personal cost averaging around $35,000 each. This was done with the anticipation of receiving 20% of the tow referrals for lhe nex~·~ years.· The Police department has assigned each of the five (5 ) traff ic officers to a tow \ 15 \ 3"d,5 ---_.~~_._--~..._._----_._..- -_.__..._.~~--~---_..-.- -----~-_.._-------_._-~... company to monitor each company and conduct periodic inspections. To date the Department Is satisfied with the quality of service provided by all five companies. While the Department recognizes the merit of helping a Chula Vista resident to start his own business, in this. circumstance we do not believe that there is sufficient information indicating that a change in the current status of the tow list would be of benefit to the City. Council also requested clarification of the ownership and the pr imary business location of the existing 5 tow companies. As you will note in this chart the existing five companies all operate in Chula Vista and are owned and operated by Chula Vista or Bonita residents, except in one case. Company Yrs in CV Primary Owners Comments Business Residence Location Location Anthony's 25 Yes Bonita WBE (1) Arnold's 54 Yes Bonita (2 ) Glenview 4 No EI Cajon (3 ) Paxton's 54 Yes Bonita South Bay 21 Yes Chula Vista ( 4 ) l) WBE stands for Woman owned Business Enterprise 2 ) Arnold's is legally owned by son-in-law of founder who is currently working out of state. The business is being operated by the daughter of the founder. 3) Primary location is in Spring Valley, with branches in EI Cajon and Chula Vista 4 ) Owner started a second tow company (Rancho) in last few years which operates in poway and Miramar As a note, each of these companies tows for Chula Vista six days per month, and picks up abandoned vehicles one days per week. PROS AND CONS OF ADDING ADDITIONAL TOW COMPANIES Pros * Additional tow companies will have an opportunity to participate in the emergency towing service. Cons * The City negotiated in good faith with the existing five companies and has indicated that they will be the - providers of tow service until October of 1992. * Adding one or more additional tow companies will not \ 16 \--;.. ~ --_._"~--~ -- improve the quality of the emergency towing service in Chula Vista. * Adding any additional tow companies wll1 reduce the amount of revenue each tow company receives. With the goal of providing the best service to Chula Vista we believe that further dividing of the "revenue pie" would tend to reduce the responsiveness of the tow companies to the requests of the City. * Additional staff time would be required to inspect and monitor the additional tow companies and investigate complaints. If Council elects to add any additional tow companies, this can be accomplished by Council Resolution. The five existing companies were selected by Council Resolution and the City Attorney has advised staff that there is no legal restriction to increasing the number of tow companies on the referral list. If aVì-e!i\i.31uh is made to the referral list, staff recommends that the selection be made through the RFP process. ð~ÞU.+~~ Currently s ta f f has a waiting list of six (6 ) tow -,-- .- companies in addition to Mr. Jones, who are interested in the towing rotation. The list includes: Company Primary Business Location MBE/WBE Ecology / Santa Fe Springs, CA NO Aloha Chula Vista MBE (l) Platt Chula Vista NO A to Z Towing Clairmont Mesa (2 ) NO Rhodeway Chula Vista NO J C Towing Chula Vista WBE ( 3 ) 1) MBE stands for Minority owned Business Enterprise 2) Has a branch in Chula Vista 3 ) WBE stands for Woman owned Business Enterprise In summary, staff recommends that the City maintain the five company rotation until the current agreements terminate in October of 1992. Attached for information is the Council Agenda Statement from June l3, 1989 which established the current tow company referral list. FISCAL IMPACT: None with this action \ 17 \~"àl ------. .. ---_.__._,._-~.__..._---_. - ___~~_____._._____._.,.. 0"'_'" .-..-..-'...-.-....- --.--- ." \,j \, :'-- '- ~>,:..",;> "- \ \. P"s'Seù ~ COr15<'W\1- 4-0- \ RESOLUTION NO. 15804 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING RATE INCREASE FOR THE POLICE REQUESTED TOWING SERVICE The City Coùncil of· the City of Chula Vi s ta does hereby resolve as foll ows: WHEREAS, the tow companies have contacted the Police Department staff with a request to increase the rates for Police requested tow service, and WHEREAS, the current rate schedul e was adopted on September 8, 1987 and the Chief of Police now recommends the adoption of the following rates: Basic Tow Rate $ 55.00 Charge for Each Mile after 2.50 the Fi rst r~i 1 e Daily Storage Charge 1.50/hour Maximum $12.00/day Dry Runs 20.00 Use of Dolly 30.00 Labor at Scene after first 12.00/ 1/4 hour 30 minutes Charge to Release Vehicle 25.00 after normal hours Heavy Duty Tow Trucks 150.00 (No add'l mileage) Heavy Duty Storage Rate 2.00/hour (Vehs. over 18') 20.00/Maximum NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vi sta does hereby approve a rate increase for Pol ice requested towi ng as set forth hereinabove based upon the recommendation of the Chief of Police that said increase is justified. 18 \~. dZ ------- -- ~ -- "-"-'-"'~~-'----"'---""-"--- --- - -- - ,."'..-........---..---.- - ~--~,_._---~-------- Resolution No. 15804 Page 2 BE IT FURTHER RESOLVED that said rates Vlill be effe'Cti ve upon the adoption of this resolution. Presented by Approved as to form by Ltk~ Bruce M. Boogaard City Attorney , ~Þ;lq 19 --"_.~ -~-- -~-~~--- ¡;¡/~ COUNCIL AGENDA STATEMENT Item Meeting Date 8/21/90 ITEM TITLE: Resolution - Approving Rate Increase for the Police R~uested Towing Service SUBMITTED BY: Chief of pL~JW REVIEWED BY: City Manager (4/5ths Vote Yes No XX ) Council Referral *1933 At the March 27, 1990 Ci ty Counc il meeting, Dwayne Pudgil of South Bay Towing requested that the City evaluate a proposed increase in the Police Emergency Tow Rate Schedule. Mr. pUdgil presented the proposed increases as they were agreed to by the eXisting five (5) authorized Police Emergency Tow Companies. RECOMMENDATION: Adopt the Resolution approving the proposed increase in the tow rates. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: The existing Police Emergency Tow Rate Schedule was revised September 12, 1987. The existing and proposed rates are as follows: Rec. Current ProDosed Survev Av. ~ Basic Tow Rate (Day and Night) $44.00 $55.00 $52.00 55.00 Mileage Charge (after 1st mile) 2.25 2.50 2.30 2.50 Storage Charge (daily) 10.00 Max. 12.00 Max. 11.33 12.00 Max. Storage Charge (Hourly) 1. 00 1. 50 1. 67 1. 50 Dry Runs 20.00 20.00 20.00 20.50 Dolly Jobs 25.00 30.00 28.25 30.00 20 \ 3.. 30 ,--,-- _ _._._.____...u ._._..__.____~___ _._--~--_. ----- -~--- Page 2, Item Meeting Date 8/21/90 Labor at Scene After 1st 30 minutes 10.00/ 12.00/ 10.83 12.00/ 1/4 Hr. 1/4 Hr. 1/4 Hr. 1/4 Hr. Heavy Duty Tow Trucks (no add'l mileage) 100.00 150.00 110.00 120.00 Heavy Duty Storage Rate (Vehs. Over 18 ') Hourly 2.00 2.00 --* 2.00 Daily (per licensed Unit) 18.00 Max. 20.00 Max. --* 20.00 Release of Vehicles or Property Removal After Hours (5:30 PM to 8:00 AM, Sat, Sun & Holidays) 20.00 25.00 26.50 25.00 *Charge unique to Chula Vista A survey was completed of local jurisdictions (San Diego, El Cajon and National City) which have similar circumstances as Chula Vista. The rates proposed appear reasonable based on the average rate from the survey. The only rate which we questioned is the heavy duty tow rate of $150/hour. Since the survey average is $110. we would recommend increasing the rate from the $100 currently charged to $120, which is the same fee in San Diego. We ~elieve the increase is justified since it has been three years since the last increase and in that time span we have seen s ignif icant increases in the purchase price for tow trucks and increased gasoline and repair costs. These proposed rates should become effective immediately upon adoption by City Council. FISCAL IMPACT: None WJW/DH/amh TowRate 21 1?>--'3\ - ~---~-- - ~-- --,_....._---_..~- -_._~--,- -.--------- ----- Resolution No. 15804 Page 3 PASSED, APPROVED, and ADOPTED by the Ci ty Counci 1 of the City of Chul a Vista, California, this 21st day of August, 1990 by the following vote: AYES: Councilmembers: Malcolm, Moore, Nader, Cox NOES: Counci lmembers: None ABSENT: Council members: McCandliss ABSTAIN: Councilmembers: None ~. Æ;,~, ATTEST: ~~~h~"k STATE OF CALIFORNIA } COUNTY OF SAN DIEGO } ss. CITY OF CHULA VISTA } I, Beverly A. Authel et, Ci ty Cl erk of the City of Chul a Vi sta, Cal i forni a, do hereby certi fy that the foregoing Resolution No. 15804 was duly passed, approved, and adopted by the City Counci 1 of the City of Chula Vi s ta, California, at a regular meeting of said City Council hel d on the 21 st day of August, 1990. Executed this 21st day of August, 1990. 22 \ 3.. 3~ -_.-,-------- ~ -~--~-~-~-~- 1::)1/1 . '8 rt).tJ// c- mtj$ . . Xile+¡ RESOLUTION NO. 14135 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO ENTER INTO A THREE YEAR AGREEMENT FOR POLICE REQUESTED TOWING SERVICE WITH THE FIVE EXISTING COMPANIES ON THE TOW REFERRAL LIST The City Council of the Ci ty of Chula Vista does hereby resolve as follows: WHEREAS, at the March 28, 1989 City Council meeting, Council was presented with a report recommending the revision of the process with which tow companies are selected, and WHEREAS, that report recommended initiating an RFP process to select the three most qualified tow companies, in addition to making the qualifications more stringent, and WHEREAS, Council directed staff to return with an amended ordinance requiring higher standards and to keep the existing five companies rather than going to a RFP process. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby authorize the Director of Public Safety to enter into a three year agreement for Police requested towing service with the five existing companies on the tow referral list. Presented by by ~¡(~g1t4ç~1}jf¡,;;o, y-.J City Attorney 5793a 23 \~..~~ --_.._._~-,_._--_._- ._--_..._~---~---_._-- -------.---...-..-----..'-.' - ¡ ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 13 day of June /9 89 , by the fol/owing vote, to-wit: AYES: Counei lmembers Cox, Moore, McCandliss, Nader NAYES: Couneilmembers None ABSTAIN: Couneilmembers None ABSENT: Counei 1 members Malcolm Mayor ATT~/Há 177~h;r City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) /, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full. true and correct copy of RESOLUTION NO. 14135 ,and that the same has not been amended or repealed DATED 7-(P· 89 ~y~,~ 24 ((-660 \3"3'1 ----- _._---~-_._----_._- -~-_._,...- r'IINUTES - 15 - June 13, 1989 Marina Garelis, 60 K Street, addressed the no left hand tu rn sta ti ng it should be allowed, that traffic cannot get into Country Club Drive and urged Council go back to where it was and put signs up there. Counci 1 I/oman McCandl iss emphasized the decision is difficult but she cannot support a cul de sac as appropriate from any standpoint. She wou1 d support, on a trial bas is, the no left hand tu rn as long as monitoring assures no impact on ilK II Street. The goal i s to sol ve problem 1·1i thout creating new problems i n any fashion for the neighborhood. Councilman Nader agreed. Mayor Cox did not support the c u1 de sac and stated his concerns of the people going eastbound on K Street to First Avenue and continuing on to Country Cl ub. He s ta t e d the Sa ve 1 property as an extraordinary awkward intersection and a need to remedy the access or channel traffic in a more appropriate way. MOT lOt! M (Moore) to direct Staff and the Sa f e ty Commission to consider measuring the effects of eastbound tra ffi c and Sierra Way. (Motion di ed for 1 ack of a second. Traffic Engineer Rosenberg confirmed the traffi c counts were made prior to the last phase of improvements in the area. Mr. Gare11es, 60 K Street, urged Council to enforce the speed 1 im its. MOTION r-IS (Cox/Moore) to direct staff and the Sa f e ty Commission to specifically come up with current traffic counts and current speed surveys given the fact modifications were made; that staff and the Sa f e ty Commission look at al ternate signage at Sierra Way and Country C 1 u b Drive to see if the modi fi cati ons would be appropriate for the residents in the area. SUBSTITUTE MOTION /1 S (Nader/McCand1iss) to adopt the staff recommendation but to delay fo r six weeks while staff obtain the current counts, and p I-i or to imp1 er.1entati on of the staff recommendation, to come back if i t shows any variations of significant data. (t10tion failed; Mayor Cox and Councilman Moore voted no; Councilman Malcolm absent) VOTE ON THE MOTION Pas s ,: d.;,. ..,..,..~;:"":::,;1l~~..~.,!1,<;"~"~'~.,!;!,'ë"~,b,J.,eD.,J, )_''''.....~,.,~''''''''' .,..,,,,""',,""",,""'.,,,".""".,,,'c'""',=..,,,"'."'.,..,,,,.,.,.,,,,,"'.,.,...... l3a ORDINANCE 2314 AMENDING CHAPTER 5.58 OF THE MUNICIPAL CODE RELATING TO REGULATIOtJ OF TOW V COMPANIES - FIRST READING (Director of Pub 1 i c Sa f e ty ) - FIRST READING b . RESOLUTION 14135 AUTHOR I ZI NG THE o I RECTOR OF PUBLIC SAFETY c/. TO ENTER INTO A THREE YEAR AGREEMENT FOR POLICE REQUESTED TOWING SERVICE WITH THE FIVE EXISTING COMPANIES ON THE TOW REFERRAL LIST 25 \ ~ -' 2,ç . ---~ --~~-- --..-----. -------- .-,,--_. ----+---._-----~---_.- __~__ . -"'_.__.0__-. _.__ HINUTES - 16 - June 13,1989 The amended ordinance requires higher standards and to keep the existing five companies rather than going to an RFP process. By implementation of the higher standards and holding the tow companies accountable for maintaining those standards, the department bel i eves the service provi ded wi 11 al so improve. Major proposed revisions to the current agreement include response time, equipment requirement and positive citizen/Police relations. Duane PUdgil, South Bay Towing, 378 San ~1iguel Drive, reported three companies had contacted him to state their concurrence with thi s item but request the requirement for a three year agreement be changed to a non-ending situation. Joe Kellejian, 825 Energy Way, Ecology Auto Wrecking, stated his support of the staff recommendation for five tow companies if they meet the new qualifications but asked for clarification if the companies do not perform as noted. He questioned whether the Di rector of· Publ ic Safety eval uati on of repl acement appl icants for the position woul d come before Council. He al so referred to the City's applications being sent to all tow companies in San Diego County and hi s feel i ng the compani es shoul d be sel ected from thi s area. Director of Publ ic Safety Winters offered that a problem sometimes exi sts, as happened in the past, a company was sol d and the ne~1 owner took over a current contract. Councilman Nader emphasized that, al though the Council may by resol ution authorize the Public Safety Director to make the selection, Council would certainly retain the authority to change or amend the process at any time. Clay Platt, Platt's Towing, 395 Mitchell Street, Chula Vista, stated he is not in support of the recommendation. Mayor Cox referred to the process of selecting a new company, and his expectation that final action should be taken by the City Council as taken in similar actions with licenses to operate on behalf of the City. City Manager Goss reported it is discretionary justified on how much detail Council wants to get into but certainly judgements have to be made. Director Winters reported he would not be reluctant to share any decisions with Council. Councilman Moore referred to the comments of one speaker asking to "restrict to Chula Vista companies only" and City Attorney Harron confirmed the restriction has been reviewed for contracts across the board. Only in very limited circumstances and with sufficient findings, can the City limit to just certain companies. The use of bonus points require the same technique. MOTION MSC (Cox/Nader) to modify the Ordinance to reflect the concerns of Council. (Councilman Malcolm absent) 26 \~,:?,L. --- ---_._"_._._-,_.._~--_._--~.,._.. r!INUTES - 17 - June 13, 1989 MOTIOt! M (Nader) to reconsider this item. (Motion died fo r 1 ack of a second. ) ~IOT ION HS (Nader/McCand1iss) to amend the resolution to authorize the Pub 1 i c Safety Di rector to enter into a three year agreement wi th any local towing service meeting th e standards set forth in the proposed agreement. Director Winters questioned whether ten companies should be selected if all qualify with the standards; tha t this would signi ficant1y impact their business a f te r the company's investment of much money to meet the standards; and reported the a.dditional things tow companies are asked to do such as the large number of abandoned vehicles removed each day. Councilman ·N ad e r Iii thdreli his motion rli th the agreement of the seconder. MAYOR COX OFFERED THE ORDIIJANCE which was read by ti t1 e, the reading of the text waived by unanimous consent and approved unanimouSly. (Councilman Malcolm absent) MAYOR COX OFFERED THE RESOLUTION which was read by titl e, the reading of the text waived by unanimous consent and approved unanimously. (Councilman Malcolm absent) - """"-·_~.~_,._-..,.,o,...,.._._._.........._....,........,... ___ ~~'''''~~''''~~..,.",..","~.....~~""",,,.........-,- .'~,_:.:o!>~ ,~_~.J~~l't'::".;"~;!,?,,,,c_~ 21 . CITY MANAGER'S REPORT a. Schedul i ng of Counci 1 meetings - The Wednesday, June 14 Budget Session scheduled fo r 7:00 p.m. , wi 11 include the Boards and Commissions and other departments, carryover from this Meeting and the C I P Budget. A reminder was given that at the City Council Workshop scheduled fo r Ju ne 22 the items p1 anned for discussion i nc1 ude the Civic Center Master Plan and a Planning Item relative to a sma 11 lot subdivision north of Ea s t IIHI! Street. 22. t1A YDR' S REPORT a. Council Referra 1 s - Mayor Cox addressed 50 referrals which are pending and cou 1 d be completed ora 11 y by staff and directed staff to bring a sta tus 1 i s t to Counci 1 next lieek Iii th either written or verbal type reply. 23. C OUI4C I L C or'i,'1 E N TS COUrCIL~1AI4 1·1QORE a . Legislative Report for Council Action Counci 1 Referral No. 1528 : AB 901 (C. Green) Sto1 en Vehicle Recovery Network S t u dy - SUPPORT 27 \~~~, -------_. ---~-----,._------~-- ~----_..__... ----- .--..--.-....-. ...-.'.'.--- vt(/èC-/ ..'~ ~ ~ / ~,"_. '(.-"'''--.!:-~'.- '- COUNCIL AGENDA STATEMENT Item Meeting Date 6/13/89 ITEM TITLE: a) Ordi nance Amending Section 5.58 of the Municipal Code relating to regulation of tow companies b) Resolution Authori zi ng the Director of Public Safety to enter into a 3-year agreement for Pol ice requested towing service with the five existing companies on the tow referral 1 i st . ~W SUBMITTED BY: Director of PUbli~ afety REVIEWED BY: Ci ty Manager (4/5ths Vote: Yes No X ) Council Referr~#~6 At the March 28, 1989, Ci ty Counci 1 meeting, Council was presented wi th a report recommending the revision of the process with which tow companies are sel ected. That report recommended i ni ti ati ng an RFP process to sel ect the three most qualified tow companies, in addition to making the qualifications more stri ngent. Counci 1 di rected staff to return wi th an amended ordi nance requiring higher standards and to keep the existing five companies rather than going to a RFP process. RECOMMENDATION: l. Place on first reading. 2. Adopt the resolution. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The existing policy for Police-initiated tows allows any tow company meeting the minimum qualifications to be placed on the active list at any time. Each company is then granted thei r equal share of emergency referral s for a specific number of days each month. The resulting effect on the tow companies when a new company is added is a reducti on in the number of days per month that the tow company gets referral s. For tow companies that rely to a great extent on police business, each additional tow company added to the list means a reduction in their business and profits. The Police Department's main concern is that the tow companies provide quality service for our officers and citizens. If a tow company consistently has long response times, thi s affects the Pol ice Offi cer 's abil ity to return to acti ve patrol, since they must wait for the tow truck to arrive to clean up an area after an accident. In addition, a driver with limited understanding of their equipment can mean additional damage to a citizen's vehicle. 28 l~"3f( -- ----------~_....-_._-----_.__.- ---..- - ----._-~ .----.,'.---.----. Page 2, Item Meeting Date 6/13-/89 Proposed High Qualifications Requirements By implementing the following higher standards and holding the tow companies accountable for maintaining those standards, the department believes that the service provided will also improve. The existing five tow companies recommended implementing the higher standards and have agreed to the proposed changes listed below. The hi gher qual ifications proposed for the new agreement are basically an enhancement of the existing minimum qualifications found in the existing agreement. The following are the major proposed revisions to the current agreement: 1. Response Time Current Agreement Proposed Agreement 20 minute response time 20 minute average response time not to exceed 40 mi nutes. Tow compani es to immedi ately noti fy police di spatch if they wi 11 not arrive within the 20 minute response, tow companies will gi ve a revi sed E.T.A. or recommend calling another company if response wi 11 be del ayed beyond 40 mi nutes. 2. Equipment Requirement Current Agreement Proposed Agreement Two twin boom trucks, 10,000 The fOllowing four (4) trucks are gross vehicle weight (GVW) required as a minimum: with dual rear wheels. 1 wheel lift - 14500 GVW 1 roll-back - 14500 GVW 1 twin cable/boom - 1 ton or above 1 hydraulic boom - 1 ton or above 3. Winch Current Agreement Proposed Agreement To be power driven by power To be power-driven in either take-off from transmission direction and equipped with equipment power-up and power-down. an adequate braking system. 29 , ~"3q - --~-_._~---_...---------_...__._-~- -----,,----"-_. Page 3; Item Meet1 ng Date 6' /13/89 4. Positive Citizen/Police Relations Current Agreement Proposed Agreement None Good reputation for dealing with the public. Tow company may be removed from the acti ve 1 i st as a result of excessive citizen and/or police complaints. 5. Abandoned Vehicles Current Agreement Proposed Agreement The on-duty tow company will tow The on-duty tow company will tow at least five abandoned vehicles up to ten abandoned vehicles each day {Monday through Friday each day (Monday through Friday 8:00 a.m. to 5:00 p.m.) at no 8:00 a.m. to 5:00 p.m.) at no cost to the City. cost to the City. Ordinance Amendments Chapter 5.58 of the Municipal Code rel ated to tow trucks is proposed to be amended. The changes include: Section 5.58.030 Regulations Generally. Cl arifi cati on of 1 anguage and removi ng the liabil ity for damages issue which will be addressed in new Section 5.58.075. Section 5.58.070 Insurance Required. Section 5.58.080 Bond Required. Both sections are recommended to be deleted from the Code. Si nce the requi rement levels for bonds and insurance fl uctuate, it is more appropri ate to refer to these requi rements in the contract that they may be easily revised as necessary. Section 5.58.075 Indemnification and Hold Harmless, Insurance, and Bond Requirements Any agreement to provide tow service shall i ncl ude a hol d harml ess cl ause and bond and insurance requi rements as requi red by City Ri sk Manager and City Attorney. Recommendation The Department will evaluate the existing five companies to insure that they meet the proposed requirement. Shoul d any of the fi ve fail to meet these new standards we will not enter into an agreement with them. In order to select a 30 I ~-40 ~._-~._,._-,_..~--- --' --"_._---------,,--~.- Page 4; Item Meeting Date ~Q3/89 rep1 acement company we will notify all 1 i censed tow compani es in San Di ego County. In fact, we currently have a 1 i st of compani es who have expressed interest in the contract who appear to meet the qual ifi cati ons. The Pol ice Department wou1 d evaluate any applicants to detenni ne the most qualified rep 1 acements. The final fi ve compani es selected wi 11 be subject to stricter qual ificati ons and wi 11 be closely moni tored to ensure that they conti nue to meet the tenns of their contract. The Department bel i eves that by implementing the proposed chanqes in thi s program, the result will be more efficient and effective tow service for the police officers and the citizens. FISCAL IÞFACT: No change is recommended for the current tow rate fee schedule. In the past, changes in the rates have been made only after staff has analyzed requests from the tow companies and presented a recommendation to the Counc i1 . WPC 0137N 31 l~ ~4 \ -- --~~_.~..,---~--- 'or", .....___ .....1..1_. ...,.;..,.;.\-1 .LJur;.u ¡J'I\-. ".eI¿ . \¿~-tI-;3 I , l'vfayor Shirley Horton and Members of March 4, 1995 Chula Vista City Council 276 FoW1h Avenue Chula Vista, California 91910 Re : Towing Services - March 7, 1995 Agenda Item #13 Dear Mayor Horton and Members of Chula Vista City Council , On behalf of Ihe 5 CUlI'ent providers of towing services to Ihe Chula Vista Police Dt:partment , we request your support of Alternative 1 of the Council Agenda Statement. We are prepared to offer the City ofChula Vista, Full Cost Recovery (FCR) as índicated as the shortfan on pages 6 and 7. The City's cost for the police towing program is approximately $266,000. CUlI'ently the City receives approximately $100,000 trom the Abandoned Vehicle Abatement fund (A V A). In addirion, the City receives approximately $100,000 for reimbUßcmcnt trom it's Negligent hnpound Payment program (NIP). Therefore the Shortfall is approximately $66,000 on 3,500 tow caDs, or $18.86 per call. City staff is recommending an RFP process that when completed (approximately 90 days) mayor may not provide full cost recovCI)'. The 90 day time line is at best a minimum, ín fact the City of San Diego's RFP process took 2 years of staff time to complete. The funds that we are proposing are available immediately, not at a future date. Staff has indicated "the exemplary compliance record of the existing firms n page 8 , shows that the system is not broke, however Ihe City is experiencing a cost short-fall ín regards to the towing pmgram. Of the 5 companies cWTently under CQntracl, 2 are WBE and an 5 businesses are long tcnn members of the Chula Vista business commwrity. We currently collect the 1\11' fees for the city and remit those fees in a timely marmer. (approximately $100,000 yearly) The process to account for and remit the RefCITal Fct is already in place. Conclusion : We request your support of Alternative 1, which would keep in force a system that is "not broken", keep this important service ín the City of Chula Vista, and immediately generate revenue for the general fund. Anthony's Towing Arnold's Towing 305 E Street 1187 Walnut Street Chula Vista, CA. 91910 Chula Vista, CA. 919]0 Jeanette Charlton Peggy Rollin Glenview Towing Paxton's Tov.ing 140 Reed CoW1 3487 Main Street ChuJa Vist1l, CA. 91911 ChuJa Vista, CA. 9191 ] Ed Wood Bo Lemler South Bay Towing 619 K Steeet Chula Vist1l, CA. 91910 Duane Pudgil )) --¥;J TOTAL P.02 -- --- --~--.-'- - -.----.- -"-""--,.-,-.,-., ..-----" .-.'.....-.---.-..'---'-'- --~-- the jan Ðicgo 1tnion·~ibunt. Good neighbors Treatment centers can enhance cmnmunities It" Yd "'t - poJitiool 1."'m recovery program where their young and residents don't understand children could live, too. the value of having drug and alca- This approach keeps families from hol treatment programs in their being split up and helps heal the deep ~ neighborhoods. wounds in children caused by having a In Chula Vista. Mayor Shirley Horton mother who is a drug addict. It also may says she will fight "with all my power" prevent that child from growing up to against a proposed residential drug become a drug addict and criminal. treatment program for first-time, non- Mayor Horton fears that, since the violent female offenders. women are convicted felons, their pres- Residential treatment homes usually ence might bring others to the area, face resistance from neighbors before causing an increase in crime. they open. This is due, in part, to the The opposite will likely happen. Resi- fact that our society doesn't value re- dents at treatment programs must fol- covery from addiction or adequately re- low strict rules and regulations to stay spect people who complete treatment there. They do not hang out on nearby and change their lives. streets, nor are other criminals allowed Treatment programs almost always to come visit them. None of the residen- prove to be good neighbors. In Golden tial treatment facilities in the region has Hill, CRASH recovery home is one of problems with undesirables hanging out the nicest houses on the block and is around them. well accepted. The same is true for Also, people who go to long-term Pathfinders in East San Diego and treatment have made a commitment to South Bay Pioneers in Chula Vista. change their lives. They don't bring When CRASH opened a residential problems to a neighborhood - quite facility in the College Area, there was the opposite. A residential treatment resistance from neighbors at first. But home is a place where people don't use CRASH residents helped clean up the drugs. where they recover from drug streets and paint out graffiti. In turn, and alcohol problems, and where they people from the neighborhood vol un- learn a new lifestyle that makes them a teered to help out at the home. benefit to the community. The Vista Hill Foundation's proposed Vista Hill Foundation officials plan to 75-bed treatment facility in Chula Vista go ahead with their project despite the is a unique program. It would take non- mayor's opposition. That's good. Once violent felons - substance-abusing the center is operating and helping ad- women arrested for crimes such as dicted mothers change their lives, oppo- fraud, forgery or writing bad checks - nents will see that it's a blessing rather and put them in a one-year residential than a blight on the community. /J;4 - / - ~~-------~---~ ---- -_. --. ..__..,w_.,___·w -----...__.~----_._.__...._--~~---.._--.- - Œalifnmia @ttatr &rnatr ) /pfi ~! ATE CAPr:-C1L t;OM""ITTEES 5AÇh(¡I,MENTO. (".A ~!:iB!4 SENATOR !luOGE:T .....ND nSCA... "EVIEW PH[)NE:. 916·4.45·6767 5UeCOMMI"M'EE:.3 ðN rAX 916 :'\:;>7 J!,,>;.!;.! STEVE PEACE HEALTH, ~U"".....~ slfiVIC££; 81 LA[)O~ 4·'30 DAVIOSON 5TH!:.'" I . ~UITF A FO~TIETH SENATORIAL. OISTRICT ENERGV ANC PUBLIr;: unLITIES (:I-H..JL.A ....lsTA. CA P'91O IN£U~"NCE, CL4.IM8. .....NO I-'I-IUNE 619 4~7'7oeO CORPORATION!; !:'AX 619·426· 7::!fij:) TIitAN$POA:TATIO"'l IIOSO ~ M¡;:~A eou! FVA~O f' ~._~" ... . _ ' SWITE 114 , .,1 .., r-\j LA ME.f,A. CA ,",1941 , '.-" _, .' ", f ~, !. P~NE 61~.463 O;!4:J March f : -~ ';', i1 rAX 6\9 463 O::!411 ',' _,': :.." :":",,, Th. Honorab1. .hlr1.y Horton fJ.~., MAR.. ... .";.7.19 .9.5.. iV..;¡ Mayor, City of Chula viSlta,.L,~__.._. '", "J'. 276 4th Avenue -< ¡¡." ..',...;' '/,:';;¡ .. Chula vista, CA 9l9l0 (i', .. ". . Dear Ma~ I understand that the Council has scheduled an item for Tuesday's meetinq regardinq vista Hill Foundation's interest in selling their Chula vista property to the California Departroent of Corrections. While I aro sympathetic to the Foundation's financial difficulties, I am afraid that the Department of Corrections is not their solution. The Department is not pursuinq and will not pursue this site. From what I have read, a few facts ·appear to have been missing in local discussions. (1) Once the Department of Corrections owns a site, it may operate it for whatever purpose it deems appropriate, subject only to limitations imposed by the legislature. They may, for example, acquire and operate a site as a woman's prison and subseqUently determine that prison population changes require that the facility be converted into a men's facility. This process is currently underway in stockton. It is, therefore, only possible to know for what purpose the facility is initially intended, not to what use it could later be put. (2) In the process of seekinq approvals for occupying the Donovan facility and in sitinq facilities in Imperial and Los Angeles Counties, the Department of Corrections made specific commitments to DQt seek additional facilities in San Diego County south of Interstate 8. This is why the Department has been looking at a possible site for the Women's Alternative Sentencing Program in Oceanside, consistent with it. prior commitments. (3) While we have no reason to believe that the Department will not honor its commitments, only $15 million has been authorized for acquisition of four program sites throughout the state. There has been no appropriation of funds likely /ba.. -.3 .... -_.__.._._----,-""._.__.~--_.__._--- -------."--.-----..,-- ..-.-.---- --------_.- - - - - - - - - - - - - - - - -. - - -- 5EI'H B\': 03-07-95 10: 591'<11 -j 4765379 ** 3 Mayor Horton page -2- necessary for completion of the sites or for operation of the facilities themselves, (4) The vista Hill site, itself, runs afoul of virtually every siting guideline established by the state for the operation of Correctional facilities of any kind. (a) The site is in the immediate vicinity of a residential neighborhood. (b) While not currently bordered by an elementary school site (the site has not yet been developed), the school district would have to agree to abandon its site since the state could not operate a Correction facility immediately next to an elementary school. (c) The site is in the proximity of existing medical and residential care facilities which attract a frail and vulnerable population. Anyone of these criteria would be enough to disqualify the site for consideration. (5) When selecting a site, the Department of Corrections must consider likely opposition not only from the political perspective, but also from the legal perspective. For example, even if all the local elected officials from all levels of government support a given site, any party has the right to challenge the appropriateness of a site in court. The Department has a long and difficult history of dealing with such legal challenges by groups representing both residents and businesses. Such legal battle. are typically very lengthy and very expensive. This is why the Dep.~tment has adopted a standard pUblic position reqarding all 8ites, "we only go where we are wanted." In summary, the site is inappropriate. Even if it were appropriate, the Department of corrections has made a firm commitment to D2t site any additional facilities in south San Dieqo County. This is a commitment which I am certain the Department intends to keep and to whioh I intend to hold them. I regret not being able to appear before the council in person to afford each of you the opportunity to ask whatever questions you may have. However, having seen the public discussion move well beyond reality, I thouqht it important to share this information with you before discussions matured even further. Please feel free to oall me in Sacramento. wishes, cc: The Honorable Robert FOX, Chula Vista City council The Honorable steve Padilla, Chula Vista City Council The Honorable John Moot, Chula vista city council The Honorable Jerry Rindone, Chula Vista City Council )¿,c.. -( _~~'_'~'_._~__'._"'__'__'_"____"'_ . - ".'___P ...__.__.__._.. _'._.0_.____n_.. --_._-----~-_.."'_._---- .__.__._---~---- March 2, 1995 MEMO TO: The Honorable Mayor and City Council I , FROM: Jerry R. Rindone, Deputy MaY~:¡f SUBJECT: SAN DIEGO TROLLEY EXTEN· 'ON FUND SHIFT MTDB has studied, evaluated and approved construction of the trolley extension from Old Town to San Diego Jack Murphy Stadium (Mission Valley West Project). The construction of this project is a critical link in the master plan of the trolley system for the San Diego region. As Vice Chair of MTDB, I have extensively studied this project and highly recommend your support for the trolley extension fund shift which will enable this project to be built. Since this is such an important regional issue which will positively benefit the residents of Chula Vista, I am forwarding a packet of information for your careful review and examination prior to Tuesday's City Council meeting and discussion of this item. It is my understanding that Chairman Leon Williams is attempting to join us to respond to any questions you may have on this issue. In addition, a brief presentation will be made by MTDB staff to give you historical background and perspective on this topic. Please keep in mind that the issue before us applies to MTDB money and is simply a fund shift from one project (Mission Valley East) to another project (Mission Valley West) in order to complete construction of the next trolley extension in a timely manner. The recent decision by MTDB to expedite the construction of the trolley extension from Old Town to the Stadium (Mission Valley West) has been blocked by SANDAG. Both MTDB and the CTC have approved the plan which simply shifts funds from allocations made for future segments of the line to current construction, with replacement funding assured. The extension from the Stadium easterly to Grossmont Center cannot be built until the west segment is on line. This shift is a practical and effective means by which the Trolley line extension plan can proceed. Certainly the costs have escalated since the Trolley was first instituted many years ago, (so has the price of cars, potatoes and Coca Cola) and, as time goes on, costs will continue to increase. Expenses for the trolley, such as land purchases, construction and operation, will continue to increase, but the longer it is delayed, the more it will cost. //'0-/ ___.__"..__,.~_,.____.____...m_'_m____"_""'_'~""" __ ___ ____ __~.__._ __"_.__..,__..___."'._n___·"···_,______.__~··______·__·__ Government officials, who toss around the terms "boondoggle", "dysfunctional" and "colossal waste of money", should consider the wishes and opinions of the millions of riders who have enjoyed the trolley over the past years. They should also consider the reduction of fossil fuel consumption and the proven improvement in air quality. The age old success of light rail systems throughout the world does not need to be debated or questioned. Southern California has only the shame of foot dragging to answer for their love of the automobile. The expansion of light rail travel is progressing across our nation. Its success is irrefutable and environmentally is mandatory. Buses wear out faster, cost more to operate and still pollute our air. Trains carry more passengers, are more dependable, require fewer operators and use non-polluting electricity. Parking fees, ridesharing, increased licensing fees, etc. are various efforts to help lessen the amount of cars on the roads and the trolley line is working towards this end. As Vice Chairman of MTDB, I believe their work is exemplary and efficient and they are dedicated to providing a much needed service to the public. Many public officials possibly do not need to ride the Trolley, however, the service was not generated for them. The service was provided for the millions who need it as an economical means of transportation. Please do not allow political posturing or personal bias to delay, or even destroy, this very worthwhile project. It is something that the San Diego region needs to have if we are to be an active part of the future. It is a straight forward and honest long range plan for the future of our region and, in no way, compares to trash plants or airport studies. The technology is proven and sound. The need is compelling and the history of MTDB flawless. If someone can make things cost less in the future instead of more, MTDB will be the first to embrace the procedure. JRR:pw lib - ~ - -_._--~_.._-------,.,. ___.._._~_.,...,__~__,.___ - __.._..___._n._...___..________. '.' /"" MTDB - . - , ~ . .- :r~;.~~~iI, .: - '" L7lLn '. 'W'. : . c.Metropoütan TraOSi1:DeVeJ0ementBoard ''', .~.;~".0_: '-'ii_ ".:'k' . h . ,~. : j,) ;~~&.;;-:""':"\:::i;[: -:, !' .,,;: ~ ~ :l}~~~~~ ."3..~~. : ..,.:~t:.':;\~·.¡,;,' ~\1";'\~ 41~ ":~~i"~ .....,.', ",,,:,,,,'Y~~¥·..·1L ~~::- ." ~" , 1¿5:. Imperlaí Avenue. SUite 1000 San Diego. CA 921C1-ï490 (619\ 231-1466 FAX (619) 234·3407 MEMORANDUM DATE: March 1, 1995 ADM 121 (PC 100) TO: MTD Board of ~~ FROM: Thomas F. Lar . SUBJECT: REPAYMENT PLAN FOR MISSION VALLEY EAST PROJECT At the February 23, 1995 Board meeting, we were requested to provide a copy of the California Transportation Commission's (CTC) action of the same day to approve a repayment plan for monies programmed for MTDB. Attached is the CTC Resolution; also we have attached the resulting financial plan for Mission Valley East (which shows the plan in easier to understand format) . TFL:bw M-REPAY.TFL Attachments: CTC Resolution Financial Plan Member Agencies: It!;" J City oj Chula Vista. City afCoronado, City of EI Cajon, City allmperial Beach. City of La Mesa, City of Lemon Grove. City oj Nallonal City. City of Poway, CllyO! San Diego. City of Santee. County of San Diego, State of California Metropolitan Transit Development Board is Coordinator of the Metropolitan Transit System and is Regulatory Authority fot I.., Paratransit Administration ~ Subsidiary Corporations: ;'..' San Diego Transit Corporation, : ;! San Diego Trolley, Inc_ and ,": San Diego & Arizona Eastern Railway Company ._.._.~---- FEB-16-1995 1111:41 CAL TRRNS DIU. RRIL 916 227 9487 P.02/09 State of California PROGRAM AMENDMENTS TFL Business, Transportation and Housing A¡cncy STIP Amendment 945-34 Department of Transportation Action Item ere Meeting: February 22~23. 1995 Agenda Item: 2.18(1) MARTIN KJFF, FinRftNO Febnwy 1. 1995 AR'VIQfI(t992'IISTJP AMENDMRNT 94S-34 - ACTION It is recommended that Resolution #1945-34 be approved. Resolved, !hat !he California Transporwion Commission revises the 1994 State Transportation Improvement Program (STIP) as shown below: DIST PRO] ROUTE/CORR LOCATION RW EtA PROmCT FISCAL AMOUNT / PROGRAM DESCRTPTTON YEAR (Thnu..~anrt~) CON FUND TYPES m.."~NT / YEARl From: II 89QSB EM 9ie¡a M'I'DB 93.194 i15.721 € 1..1799 !4i6siBB V IIIIY EnlelHliea 93.194 (ilS.7Jl) € 9a869 0Iè Tawil II Ubsiell RalKi R1938A MtJRR ~IBSffUet Lj¡ht Rail BNBrJt8B BONÐ l..g~ tJRR 99 ~ 11 8040C StuI Die,,, MTDB 97/98 $15,121 C A1800 MissiDII Vø&y EØ$t Ezte1ØloII 97/98 ($15,121) C 02860 Sail Dkp tmd Lø Me. R1938A lbmehø MiuiDII R0ø4 to Gt'oømont C.1Iln' MURR STP LOC ColUtnlet Lig/IIlbdl Ezte1UliDII . URR Ptut of 8040D & 8040E ABJ090 Ptzybœk Project for 8005B, construded with løcølftuuØ 1'lmiII~ltJce",.nt pøybœk project ndlject to tl' . ofjiuub (ReWunement per Gov_nt Code 14529.1(B)) -more- 1¿6 "'I ----,'-,--,._---_..- FEB-16-1995 1121:42 CRL TRANS DIU. RAIL 916 227 9487 P.12I3/1219 STIP Amendment 948-34 FebruaIy 22-23.1995 Page 2 - From: 11 llOO$C gas Biage MTDB 94/9§ tIS.eoo G ~·..11OQ Wslies 'teYry 9tellBiB!! 9419§ (SIS.GGQ) b lh!860 Old Te'NB Te Reel!ø MiS5isB Read R1938B }'iURa Cøtifnlll.iglø Rail kaell5iell BC»!Ð l.aC See iHlGOOF. &plit Rem 1tSQ9§. put ef lmR 90 iHlOOS...,B.&D '11!CI 3GG00 Ig¡ II 8040D Stili Diøp MTDB 98/99 $15,000 C Al800 Missiðø VøllIy EtlSt Extension 98/99 ($15,000) C U2860 S4n Di,p and La M,sa R1938B R.ønelw MfsIÚJI RofIIl to Gl'tJIsmollt Clnt'r MURR STP LOC Comtnlcl Lirht llIIil Ezt.mio" URR 90 Pm 0/8040C& 8fUOE AB3090 Pøybøc1c Project for 8005C, constnu:t,d with locøl.ftuub TIming 0/ r'pllu:.m,lIl pøybøc1c proj,ct subJ.ct tD øvlli1llbOily !l:JUls (R,lmbun,mmt per Gtw_tlnt C , 14529.7(B) From: 11 SQOIS ~III. Qiagø l£I'ÐB ~ $20.1:1g b l.l;g9 lli.lieR ,\'-lIfY iKteeisB ~ ($:10,1311) b WSi9 Old TaWIl Te D---àø Uitliea Read R1938C - MURR CellSVllet ~ ilMI ElifeB5Ì911 B9l'~ 1.9(1 iee iHlOQ9F', Split Hem #8001, pan ef \IRA. 90 iHlOOft.,B,&C . TiC: ~Q3j' Ig¡ 11 8040E StIlI DØgo MTDB 99/00 $20,128 C A1800 Ml8stø" VøllIy Eut Ezt.1IIÚ1" 99/00 ($20,128) C U2860 StIlI Ditlgo and Lø Mtlrø R1938C R.ønelw Mi&sið" Roøil to GI'tJI.mont C'1IIør MURR STP LOC ClI1UtnICI Light RiIll Ezt,IISÌ01l URR 90 Pm 0/8040C &II: 8fUOD AB3090 P=k ProJ.ct/or 8005D, comtnu:t,d willi locøl ~:£¡ npltu:,m.nt PøYbøck proj.ct subj,ct tD ø~' Oily o/1:JUls (Retmbun"tUI1I1 per Gtw_.JIt CO 14529.7(B) SUMMARY This ameDn",..nt provides for an AS 3090(1992) payback, subject to provisions of CTC Resolution G- 93-08, for the Mission Valley West LRT projects in San Diego COUDty for a total of $50.849.000. To .- avoid delay of these projects the San Diego Metropolitan Transit Development Board (SDMTDB) has ¡¡reed to consuuct them. with local funds -more- /¿,b 'þ - - -~'-'-- --.__.,------~ FEB-16-1995 10:42 CAL TRANS DIU. RAIL 916 227 9487 P. Ø4/Ø9 STIP Amendment 945-34 Febnwy 22-23, 1995 Page 3 with a deferred State J:Yback being applied to federalized pro~: to construct the Mission Valley East LRT Extension. Fun . g will be from a loan from SANDAG TransNet, the local sales !aX fund. San Diego Association of Governments (SANDAG) concurs with this request. Timin10f payback is subject to availability of funds. This amendment was modified since its noúce last mon to provide for the federalized projec:t payback in lieu of a State cash reimbursement. FINANCIAL CON!;TRAINT~ These payback projects 8R also subjec:t to any reprogrammil\g acúons that may occur during the 1996 STIP cycle. . JÚb'¿' __.._____'·.··n....._m_....._._.__.....__._.." ..-.. 03/02/95 15:05 U519 234 3407 IIT)B Ii!! 002/022 i.:-:-E': I!""'\!"',·~HI:~' ,t.¡'/'¡:-:1<J( S"':·'.~· ~("í) S('17' ¡)¡<¡.' ;::f.., ~~:,~1~n·-.;~~· 1:-'\5=. .z?~."":'~T:. ïL.,\: ,':':~' :''';~-':;407 March 3, 1995 ADM 121 (PC 100) .,-- . The Honorable Shirley Horton Mayor of Chula Vista 276 4th Avenue Chula Vista, CA 91910-2699 Dear Mayor Horton: r 71 ~~~yv:~~r~~b~*~~~i :¿~~i~~frt;~m:~~ê:~:;f~~ñ~n t~~~~1!nó~:;'~:~ñ~~~h~~~I1-.~ C / ., " in the future: the Mission Valley W~t lghtJ~~il Tran~jt (lRT) extension. :_''''. ; ,'" -': ''--''.''_:' ~,'..:~ 2';': ,: ,'~_:',-_: ,".;': :', ,'-',::;':( ~\.,_ ::,,---_:~.,::::::~:: _ ::'..: ,-",r,,~~::, .,:' ThereasÓris for this'a~e ciea{:hÌ~ï¡\e proj~it'ts';lÍistQ~;"alldthe facts are acI<IUlwledged.) A s~ary'.Df why: tþisi,C:àpitaT investment is the best choice for ~hlÍ :pres~nt jl,s Íifell~!1s the;futurèinç.Jydes:' .. . ,'I;' "_' 0 ThelRT ~roject has been developed over the past ten years in partners ip with all affected and interested parties and agencies, and has been a part of SANDAG's adopted Regional Transportation Plan since 1984. 0 LRT has been shown to be an attractive alternative to auto drivers, and , has proven its ability to draw people to transit. In addition, due to its significant potential, LRT is best suited to accommodate additional loads traveling to high activity centers and major stadium events in the corridor. 0 r A high quality bus alternative will require a cost investment similar to the lRT project, and cost more in operations. 0 The lRT project will improve the San Diego River environment by adding more than 20 acres of wildlife habitat. , C' ~.~, 0 The LRT project is aÎ1integratcómponent of the Regi'Dnal Growth Management strategy to meet mobility. .air quality, and energy conservation goals. . .. . " 0 The Mission Vàl1eyc:orridor neêdsadd.itional transportation capacity, now and for thè,future, The lRTline will be able to carry 90,000 to 100,000 daily passengers in the· two-hack alignment. Similar capacity expansion on Interstate 8 would require four additional lanes at significantly higher cost than the Mission Valley West project. Member ~l¡)l'Içlf¡'$: CII101 ChYla VISI., Cllvol Coronadc:l. elly OflICtlan. Cltyot Imperlll B4Hn. Cif)'oIU M.,.., q1i at l..moÞ Grove, Cllv DI NallOnal CII)'. Crtyol POW¡l,y. Cily 01 Satl Diego. Cayol 5Dnlee, County or San Dleg/). S~au, (II C¡¡IifOlnia Metropglitan Tr.."it Ccvelopinenl BQar(.-Coordl"a10~ 01 fhfM.ropolllan Transit .S}'$wm iI~ i$ Rf!gulalory Autharlty for ¡~~ PSfaltansÎtAdminl5trallOJ"l SubSiDIary GorporøUons" . ~: San DlegOTranröll còrporauon, fJ' San DI~o Trolley. '111C;.õYlCiI :.. I San Diego & AritOI'\Ò°i=.ësrern Railway Company ]/'1> .;1 -_.._.__..~_..,--_..__.._--._._.--_.._....- _.._-_.._--~-~,-~-~~_._~--------'------ ---~------_.,-- 03/02/9S 15:08 'Zt819 234 3407 IITJ>B Ii!! 003/022 The Honorable Shirley Horton March 3. 1995 Page 2 0 Over the past ten years, the commun1ty--loca"y and at 'arge--has utilized scores of opportunities to provide input on the LRT project, and largely registers its support. We have attached a "model" resolution for your Council to use to express support for the project. In addition, the accompanying enclosures document and detail the above facts. MTDB staff will make themselves available to answer any questions you may have. Thank youl- Sincerely, ".,-- ;',1>'--0,., " ~.~, _.._.;..iI.',.,. .- ","",', /"...,. ,Enoclosures" "Hodel.Resolution .' ,'. ',. . ;: Backup·"Inforillation . . ,J ~. " "'-".., tJ"- :;; ,.J , -"".' '.( ..)$ ;_1 ; :E" I,J, . " .'~ .c, \ }Iob-~ -----------.----..----,--,.... .---~-._._--_._._--,_...._-,._.~. - -------..------ ---------,-" .._-_._-----,~-_._- '--- 03/02/9~ 16:09 'C'619 234 3407 IITDB Ii!! 004/022 Resolution in SUODort of the Mission Vallev West LRT Proiect WHEREAS, the Metropolitan Transit Development Board (MTDB) has been planning the Mission Valley West Light Rail Transit (LRT) Project since the early 1980s; and WHEREAS, in 1984, the San Diego Association of Governments approved the Regional Transportation Plan with__the MiuiOn. Valley West LRT Project; and WHEREAS, in 1985, the San Diego City Council approved the Mission Valley Community Plan with 'emphasis on Transit Oriented Development and the light rail transit alignment; and WHEREAS, in 1987, the voters in San Diego County approved Pr-oposition A (rransNet)..establi~hing,<a Qt\e=hlllf çe.nt"sal'!:.$ tax In t~"eregion rv~,:fow t~s1t, sba1;e:)hig~, and local~eets and roads, which incruded the",. I'" Mission Valley West LRT Project; and . . WHEREAS, in 1988, the California Transportation Commission approved the State Transportation Improvement Program, which included the Mission Valley West LRT Project; and .'. f"I':: '. ~. " WHEREA~; In'1992, the M'I'O'fBoarÎlof'Dfrectors certified the Environmental Impact Report for the"M1ssiori-Valley West LRT Project: and ¡WHEREAS, in October ·1994, the .San D.iego Association .01' Governments iapp'~ved a r:equest from MTDB, tp advà~ce Tl'ansNet funds from MT08' s share of _the ,Trans Net sales .tax funds; and . .. ~ 'oj WHEREAS,i.nFebruary 199~, the, tal i forni a Transportation Coamission approved a mèthod of 5tateJ reimJ;lUrsel1ent in state-federal funds in lieu of state-only funds~¡ and .. ,. ,! ,.' 'WHEREAS, the; COll1lluterRafl serVice, referred to as "Coaster," and LRT,will provide a:critfcal regionallink~t Old Town to high-activity centers in Mission Valley to accommodate·significant capacity for special events and additional growth; and- , WHEREAS, forecashd 1fght ran' transit ridership in Mission Valley is.anticipated to be in excess of 16,000 riders per day within its initial 10 years, with considerable capàcity·to grow even further; and WHEREAS, MTDB has prepared a uitigation plan of approximately 20 ,acres in Mission'ValTey to mitigate approxiß!Btely six acres of environ- me{ltally sensitive lands; and . .. . WHEREAS, the Mission Valley West LRT Project is an essential c~mponent of the Regional Trans~Qrtation System; and WHEREAS, the Missi,on Valley West LRT Project will improve air qu~lity in the region by reducing automobile trips with cleaner electric- powered light rail vehicles; and - . . I Jlo b~ 4 --,,""-----_.. .-- ..----.------...-... ---...'---------...,'.------..- 03(02/95 15:09 C519 234 3407 IITDB Ii!J 005/022 WHEREAS, in May 1995, the Mission Valley West LRT Project construction is scheduled to begin; and WHEREAS, the Project will provide hundreds of construction jobs to San Diego County; and WHEREAS, in late 1997, the Project is scheduled to begin LRT operations; NOW THEREFORE BE IT RESOLVED, that the CityCoUlI£ilsupports the Mission Valley West LRT Project; and BE IT FURTHER RESOLVED, that the City Council supports the reimbursement agreement between MTDB and the SANDAG San Diego County Regional Transportation Commission; and BE IT FURTHER RESOLVED, that the City Council directs its . representative ·to SANDAG-to supportoo.the exacut.i.on ,0£ the ,.rei mbursement,., rV~;lI9Ii'eemElnt^betwe!!1'l'1'ITDBaod~$ANDAG for 11be9lission Valley tlest LRT Project.-·',' 'C.' IICL: 1 st/dag/ky RES-MVNS.WCL 3/2/95 1e r .., , " ::1:. ,;, , " ;: :;,1'" ,.. ,:'.nr... , . ·'0 l.' r ., '. '¡ '.J /'.' . ~ ;, " . ·2· It, b-ID __~.__ __. __ ._.____ . '. . __ ._____" H.____......_._ -- '-_._.~-------*_. .-......---...,---.---- 03102l9~ 16:09 'D'619 234 3407 1ITDB 'ª' 0061022 MISSION VALLEY WEST LIGHT RAIL TRANSIT PROJECT , BRIEFING PACKAGE (MARtH 2, 1995) SUMMARY 1. Background and purpose (p. I) 0 Mission Valley is an active connercial, residential. and employment area in the geographic center of San Diego ... .. 0 It has grown haphazardly in the past, and is slated for another growth spurt over the next decade . . o A light rail transit investment in Mission Valley can be used as a tool to ensure that the next round of growth is more orderly and cost- , .......effective....._. '_"_"'_",iC.Þ~ -!.,_..~..j,....\,- _.." I:'___·__O,,'^ 'L' ~'_ ~_"t... . ':"?,/~~:/9¡;· L.w~t' rait' ¡¡¡')Mi~si~if\ralley woulfí'fllrm an east-west spine that would ~~! ,-., 0 serve the major activity centers, contain sprawl, and tie in a more efficient feeder bus network 0 light ran in Mission Valley has been an integral part of regional and local plans for over a decade 'F; ,'" '" ,,', ' "." """-', - 0 The project is consiUèn~: tirith~als'set dOWn' by MTDB, the euy of San Diego, SANDAG. and tti.fedeYalgoyernment - 11. ªeneflts of the LRT Proiect (p. 5) 0 'The Mission Vallercorridor needs additional transportation capacUy, now and for the future. The lRT 11ne wi11be able to carry 90,000 to 100,OOO dai1'ýpassèngers~n the two-track 'alignment. SimO ar capacity expansion on Interstate 8 would -reqUire four additional hnes at si9nificantly higher cost than.. the M1sston. Valley "1st project. 0 The Mission Valley· Nest LRT project is forecast to attract 16,000 daily passenger trips by 2010 0 LRT would provide the capacity, cost~effect1veness, and environøental benefits required 1n this unique corridor 0 Nildlife areas would be expanded by 24 acres through project-financed ~itigation plans -i - }bÞ* U --- ---_..---_.__..._----,.....~ - - ,--------~,_..,...__._._-- -------- 03/02/85 15;10 '0'618 234 3407 IITDB ¡g¡ 0071022 III. Costs and Financial Plan (p. 7) 0 The original (1987) capital cost estimate of $150 million has increased to the current $245.7 million estimate for these reasons: + $55.4 million for inflation + $17.6 million for additional right-of-way + Sle.O million for a revised stadiwn alignment + S 8.7 million for extra land for environmental .itigation + $ 2.0 million for implementation of tbe_.mttigationplan 0 The bulk (771) of Mission Valley West LRT financing would come from TransNet moneys already allocated to this project, supplemented by other local and state funding sources IV. Transit Alternatives Evaluated (p. 9) 4.."",_.. , ,..' ,._ ..,~. . .......,.' ,_ ....__ .""':\~'!~'·1 ,"',_....,.;".·.~.·.~.,i.__., ...",- :,_.L '. .c.". .............~_, . ("v~:/g~ Several po¡l:en:lii.lrLgt~81ign.ents W!5~ examined along Interstate 8 and ~-^'1/^'" along Friars Road; all suffered froll higher costs, increased illPlds, . .. and less ability to penetrate existing and planned activity areas in Mission Valley 0 Expanded bus service was examined as an alternative to light rail in " .-. ,this corridor; while cheaper to" illllement, bus service options cost up ~o 291l1Ore to" operate 'each year 0 Buses ~uld aUract SignificantJy.¡ 10!fl!" ~iàership (only about 7S to 2e~ of LRT patronage); this is ~artlý due'to the congested, circuitous - streets of Mission Vaney, which restrict buses to relatively low speeds .' 0 Continuing to rely on autòmob11.~ in Mi$si~n Valley instead of offering . a light rail alternative will h''Ie serious environ..enta1 and cos1; iQllh:ations; even if 1-8 could be expanded,,' it would cost at least $400 million to do it; . . 0 An automobile-based ~ste. alsócreatesthe need for enormous subsidies for its operation and maintenanêè; the ,rice of gasoline would have to exceed $4.80 a gallon if motorists real y Caid all the operational, social, and environment.l costs generated y their cars ~ ". WL:wl :dag MVW. WL I 3/e/95 Attachments: List of Public Meetings (p. 14) -ii- )lPb..J~ --------..-. -- -~-_._."--..,--_._--~._....- - _._--_._~---_..~._--_._----- 03/02195 16: 10 U619 234 3407 IITI>B IàJ 008/022 I. BACKGROUND AND PURPOSE A. Profile of Mission Valley Mission valley Is a highly developed urban center in San Diego. Its characteristics are as follows; _ Located roughly in the geographic center of San Diego .. _ Nearly all of the major freewll,ys in the·region including 1-5, I-B, 1-15, 1-805, and SR-l63 pass through it _ Site of two regional shopping malls, one of·which (located at a planned lRT station) recently received approvals to add 440,000 square feet to its existing 1.37 million square feet _ .. ""HajorellplOyntl!ntc-mter and hotel/convention center destinaHon ,",.. '" ·"._.v ,..".i.t¡.. ··h_~"",..,··".-;;,··_,·_.",,,"_·,,··,..'·.w·_'L·" ",-,. . "~'¡f'\~'/g!"; ~ ,~. ~.., Ir~~ 1::,\ "~/. 3",C'''' . c ,,> .--~ "~ . SUë of the Siln Diego Jack MurphfSfadi UII -, "J" i"" _ Home to residents of thousands of condOlliniums and apartments _ Site for at least three future major mixed-use developments (RiverWalk, ·Rio Vi~ta andNissio~ City) B. Mission ~allev lRT Li~ Role and Puroose " l --,.-..--. -,,' , _ .., Attract new riders to trans.it b~.'provjding an attractive alternative to .¡ the automobile, whose cœ/paratflie adýutageis the greatest deterrent to . . the use of publ ic transit. _ Directly serve existing andplañned activity centers, including'future 11I1 xed-use, developments (R1verlla,lk, Rio, Vi..sta and Mission City), Fashion ~alley, Mission Valley;:~nd·H8zárd Centers, the Stadium and concentrated Slulti-famf1y residéntial develop.nts. _ llelp shape and support hnd dev~lopœnt patterns to be more efficient and less environmentally impacting (i.e., less sprawling, thereby relieving development pressurè on the Valley's sensitive hillsides, less auto dependent, mre walkable). lRT stations will be integrated into future mixed-use developments and the Fashion Valley Center's upcoming expansion. _ Provide the IIIOst efficient trallsit s!rvtce possible. ¡he Mission Valley LRT w111 be an integrated cOllponent of the regional transit network. Bus/LRT connections at the Fashion Valley Transit Center, currently the most heavily used bus stop in San Diego County (with over 6,000 trip ends a day), will provide direct access to destinations along LRT lines in Mission Valley, old Town, downtown San Diego, and South Bay. Mission Valley Line connections to the.ReW Old Town Transit Center will provide direct access to bus, commuter rail, and LRT services. . , -1- '. . tit> b~)3 __..__....__...__.____........_ ____~_.___ ._.___." .._.·_'·..m............___.·_ _ ......' _ '.___ _ _______~_~__~____~_ 03/02/95 16:11 C619 234 3407 IITDB Ii!! 009/022 C. ReGional Goals and Proiect PurDOse .',' Cltv o¥ San Dieao Policies and Goals: - The ~roqress Guide and General Plan (1979 with 1989 amendments) set orth a ~olicY of prOlOting growth in the metropolitan ~arts of the city (including Mission Valley) and phasing in growt on the edges of the city. . - The Mission Vallev CODRIIUllitv Plan. .(1985) identifies the LRT alignment and calls for mixed use, transit-õriented activity centers along the San Die~o River. ~The Community Plan also included the ·San Diego Rlver Wetlan s Management Plan" which was drafted in consultation with resource agencies.) _ Approvals of major developments along the LRT corridor including: the First San Diego River Improvement Project (1982), the ." _. . ,Nortbside. Spec.ific Plao (J984).-.th,e J.evi:.tllsþall specific Plan ~-w 9é '._::' (198Th:,¡a,"!c,t~erfashion VallM3expansion (i994r. These rëp¡:'eseri~,~: .- ..- entitlements of over 7,000 new dwelling units, 2,376 new hotel . rooms, 1,585,000 square feet of retail and over 5.9 million square feet of office use. - Translt-OrientRd Develooment Desion Guidelines (1992) outline a cpmmlt~nt to transit-ori~ted development. The intent is to maximize opportuniti~s fof'~ðople to access transit on foot, an~ to create more 1 ivable ne1.ghborhoods. ,. Rêa;Qn:a] Proarams.. Poli~1As ·and·~"oa1s:~-'· , . h - The Mission Valley Line bis ~ identified as a light rail - transit corridor in the Regional Transportation Plan (prepared by the San Diego'Association'of &oIIemants . SANDAG) since 1984. , ,.,'. - The Regional Growth Managelllent' strategy being prepared by SANDAG relies on urbaniud areuç inClllding Mission Valley, to handle projected regional growth:. .11i1$ ¡.eduèéS the development pressUre on existing rural areas that are being considered for inclusion in a regional habitat preservation system. MTDB'sGoals andleaislative Purøase: - To provide and improve regional IIObility - To move people in as efficient a .anner as possible - To obtain maximum benefit for every·dollar spent - To offer high quality public transportation service - To implement the transit facilities and services IUndated in MTÐB's 1976 enabling legislation and 1987 Proposition A (TransNet) ballot measure passed by County voters -2- )It,þ-llf -_._..~-,_....-.--_.- - -- --.--.- ". '~'-"-'-"-"'-'--- -_._-_._~_.._.__..-_._------~--,_..."--,--".__.,------~._---'".._-------- 03/02/95 18:12 '0'819 23' 3'07 HTDB Ii!I 010/022 D. Consistency with Federal Proorams ., The regional planning and project purpose for the Mission Valley LRT is consistent with federal mandates and programs, as follows: - rSTEA and Clean Air Act Amendments: the federal Intennodal Surface Transportation Efficie~ Act of 1991 (ISTEA) and the Clean Air Act Amendments of 1990 call for an integrated approach to land use, "ir quality and transportation planning. These pieces of legislation acknowledge the strong role that transportation facil ities play in the quality of community development. - Federal Transit Administration rFTA) Livable·Communities Initiative: FTA's "Livable Communities Initiative" (November 1994) supports coordinated transit and land use planning, such as that which has occurred in Mission Valley. CV?~ . ;c" ·Dêi~,:iiíënt:.cíf JíoU$ifa ant! 'ûrT>á'¡; ~õiíìi8ñt(HUD) ·:"HUD'!i . publ i ati on ,. .. ., .. .. "V1S10n/ReaHty: St a'teg1es for C nUy change" (April 1994) states ." that "coordinating transit with new housing and public service investNents is one of the best ex::Cles of the integration that consolidated planning can accomplis ." E. Ch~?no!~av O~:_~,v~ts "1 0- . '.."'" .~ ,,> 19B4.: The Mission Valley has been. idB~ifi~d as a Light Rail Transit ¡ (UT) corridor in the "Regi.onal ,Tran~portation Plan (prepared and '¡ adopted by the San Diego Association of· Goverhmants) since 1984. . - i 1985: The Mission VallevCommunitv Plan (1985), adopted by the City of San Diego, incorforates Ind· identifies the Mission Valley LRT alignment and'ca ls for .ixed use, transit-oriented activity centers in Mission 'alley~ 1987: San Diego County voters passed the TransNet ballot measure, approving LRT, in Mission Valley. 1989: MTDB began Advance Phnning and environMental analyses for LRT in Mission vaney. . 12/12/91: The Mission Valley West Draft Environmental Impact Report (DEJR) was released for public review., 1/6/92 . The Metropolitan Transit Development Board (MTDB) held public 1/8/92: meeti:1s to recetve comøent on the Mission Valley Vest LRT project and DE R.* 1/23/92 : MTOB conducted a public hearing on the DEIR. 5/14/92: KTOB certified the Final ErR, initiating conøencement of final engineering design. .. -3- l~b-/~ "'-----" -...--... ._-_.__._._,._..__._-~..- - -----.-.-... .....-.----,-,.------..----- 0310UU 15:12 U'H9 234 3407 IITDB Iai 0111022 1/21/94 : MTDB submits environmental permit application to the Army Corps of Engineers. .:. 2/23/95: The California Transportation &ommission (CTC) approved funding for the Mission Valley West lRT.** 2/95: Environmental Section 404 permit is expected shortly. Final engineering design nearing completion. , 3/2/95: MTDB is scheduled.to open construction bids. 5/95: Construction begins. -. 1/98: Mission Valley West LRT opens. * A list of public Meetings held throughout the project is attached. c' ~~*~tt:êfs.)jlbmiUi!d,t(' pI'it tali fornit·...rafts'JOrtatiorrColllllltssion ill- sll'pport of' .1,tlÍ'projèCt are 'at'ucliedyn IC'D'C .. ".C'· ( ~ ., t , . ,. I .-- , : : .,. > ; -4· tlcb..)!t, I --~~~-_.__._-"...- -_.._----_.__.._.__._._...__.,..._~.-- ---~-_..,,- 03/02195 16:12 U'619 234 3407 IITDB Ii!! 012/022 II. BENEFITS OF THE LRT PROJECT A. RidershiD 1t is estimated that during the first year Df Dperation, about 5,500 daily riders would board trains at the seven Mission Valley West statiDns. As the propDsed RiverWalk and Mission City Projetts are developed, two stations will be added to serve these mixed-use projects. With these two new stations, and projected residential and commercial growth throughout Mission Valle, ånd the rest of the region, ridership is projected to i~crease to 16,000 dai y riders over the next 10 to 15 years. There would be . significant increase in ridership on the Mission Valley Vest segment if it were extended through East Mission Valley to connect with the East Line in La Mesa. Ridership estimates were also prepared for a comparable bus route that would operate along Friars Road at service frequencies equivalent to that assumed .fOI: I..~l.$gr\lice... Th,'. pro.J.ecte~Jir~l,lear: b~sridership is approximately o~/ah~qo r.l4,er.s per~d,¥ wi~&J.he iffss 0l\II,J,Te, Vèst'""eoI"i1dlíl". "'--'-]'. i' , The first year lRT ridership estimates are conservative. The 5,500 riders per day translates to a little under 800 boardings per station. In comparison, the suburban stations on the East Line today average gOO daily boardings, while the South Line suburban stations average over 1,500 boardings per day (excludes.th~highest .volume San VSidro/Intemational Border Station). B. Envi1'On~nta 1 Transoortation and Land Use Benef~t$~ , The LRT will provide a less diSruptive trànsportation alternative within 0 Mission Vall~ than buses: or au~biles. , 0 The LRT will increase the capa¿ityof the transportation Syst8111 in and through Mission Valley and addressth, deficiencies of the street and ,freeway systl!ll in the future (Interstate 8 is projected to be among the IIDst congested freèWays in theregioll by the year 2010). 0 The LRT will support intensification of land uses around rail stations. This meets regional land use and environmental goals to control sprawl by accDnlllodatin, growth in the urban areas. LRT is a central part of the Mission Val eyCommunity Plan's ~oal to focus development intensity Dn the Valley floor, th8reby relieving development pressure on the sensitive hillsides that define.the·natural boundaries of the Valley. Ai!'Oua1itvand £nerav BønBfits: 0 The project provides air quality and energy benefits for Mission Valley and the region (ultimately affecting the health of hu.an and natural habitats) . , -5- l¡,b _J"1 ...._...._----~_._--------,~_.~--,--- 03/02/SD 16: 13 U61S 234 3407 IITDB Ii!! 013/022 i I o The Mission Valley West LRT Project is an important component of the 1994-2001 Regional Transportation Improvement Program (RTIP) air quality conformity determination. Without the project, new air quality conformity findings would be required, Dossiblv resultißQ in delavs to manY Droiects in the RTIP. This would particularly impact proposed highway and road projects. . Natural Habitat ßenaf1ts: o The LRT project environmental mitigationp1ans will expand the wildlife corridor a10ng the San Diego River by 24 acres. This natural area does not exist today and would possib1y be lost forever. o The project mitigation plan will enhance the habitat quality in Mission Valley by replacing poor quality habitat with high quality habitat. ..... ,,:,. ..._..... . .....' .,. . '~'" ,- . .,~_",¡¡.jj."~'" ,'·-·_.,;,.1·,..1""-'..·.:·.··.:..:...,.. ,..:,;;.:..,._......., ' :.,,\ .._.........;.., ,- '....', ',-' O~(Cei9"' T~ :\1Iitigi,t,ieg pl~'\llCludes a t~to-one replacement for direct and'-' ". w' indirect impacts to existing wetlinaš. . o The habitat replacement is directly in the project area. o The mitigation area will replace fertilizer and pesticide leaching property (golfcourse).with natural habitat. < .. ,- " ". :; . - -:.,.- . "" .-. .. o Supports p,""servation of 1argê~¡¡tural hilti1tat areas on the urban fringe by 'supporting intensification of.'devlllopmeilt around ran stations. -- ~ '. . .' ~j -6- I /bb; IK ---------- ----~-_.....__....__._..__. . ,--....--"---'------ - - -- ---- "-- ----,,----.-.--.-.,-....--.---.-,---,---------,-.-- 03/0ZlU 18:13 U'819 234 3407 IITDB Ii!! 014/022 III. COSTS AND FINANCIAL PLAN It is important to note that the original cost estimate of $150 million was' developed in 1987 for planning purposes, and was based on very preliminary information. Generally, and in keeping vith standard practices, MTDB does not establish a firm project budget until the final scope of a project is known at the completion of final design (i.e., $245.7 million for Mission Valley West). The current $245.7 million estimate is the result of increases due to:, ..-- 0 inflation since the 1987 figures were developed ($55.4 million); the actual rates were vithin those used by the California Transportation Commission. (Using their rates to midpoint of construction would equal $64.4 111111ion.); . 0 right-of-way costs ($17.6 million); 0·_ ..' .a. revised .lRT alignment anulevated.s.t<ation atSan.DJego Ja-ck.HQrphy.,. 7~/9"9', Stedi1lll ($U-.IIIIHiOÑG- ¡C')'3 "", ·.W' 0 acquisition of the Warner Ranch for environmental mitigation land ($8.7 million); and 0 implementation of the environmental mitigation plan ($2 million). During the preliminary engineering phase of the Project, the MTD Board of Directors approved anal1glllllllnt,c~ang.at San· Diego Jaclc Murphy StadiulI. Rathér than construct the LRT lin . and.staUoriat grade along an eDlbanment at the south edge of the Stadium'pa~inglot adjacent to the San Diego River, the al ignment was shifted clo!:er to t_e St¡sdiuni.¡TtI. .final al ignment of the LRT . line"had to be elevated through·the Stádium parking lot wit an elevated station approximately 200 feet frO. the Stadium entrance. The cost impact of this,Stadium revision was an additional S12 million. Also, during the prelimi~ry engineering and environ~ntal phase of the Project, .pproximate~iX acres of environgental wetlands were identified as ill)acted, requiring. . ,to provide a mitigation site plan. No environmental lIitigation vas considered in the original Plannin~ phase since specific illpacts were not known. Using the AnIIY Corps of ngineers (ACOE~ guidelines to locate the mitigation site close to the area impacted by the roject, MlDB purthased 34 acres adjacent to the Project and developed a conceptual mitiga- tion site plan to be iIIproved by the ACOE.The added cost impact was " $10.7 million. ' . . i ! , "-7- \ b b-I ~ -------"'-_.-------_..~- 03/02/95 16: 14 'D'619 234 3407 IITDB Ii!! 015/022 MISSION VALLEY WEST LRT EXTENSION PROPOSED FINANCIAL PlAN ($000) THRU FUND SOURCE FY 94 FV 95 FY 96 FV 9T FY 9S TOTAL STATE: Tel 1,000 10,051 $11 ,051 AS 9T3 11,273 906 $12,179 Prop. 116 6,446 25,262 $31 ,708 lOCAl: TransNet 35,552 25,112 37,600 60,107 31,952 $1110,323 Rentallnomne 439 $439 , '"""'":,~ ~~; ;/' iðî'Ä~:-::~"~:: 'u. 9"'$4~~ " S42,511""'~f.ïBf-i60.1W;'~~ß1;gS2'·~m~O I ',-:':.. n "- MVWFP.BJB 2f28l95 ' .. . " .". "il:',"L C".~: 'I J ~:::! '_" . _ . _ r --.-. ... - _.._. =..'~'., -..,. - . .. ------- . .._,. -"'- -8- lb þ.. ~D -- -------~_..,.,-_..-,_..__._.._---,--~._.,..- _._--,_...._.__._-~-~-,.- 03/02195 16:14 'D'619 234 3407 IITDB Ij! 016/022 IV. TRANSIT ALTERNATIVES EVALUATED The following transit alternatIves to the Mission Valley West light Rail Transit (LRT] Project have been evaluated in varying levels of detail during the course of Advance Planning, environmental analysIs, preliminary engineering, and final engineering design: A. lAT Alternatives 1. Interstate 8 lRT - Alignment travels adjäèent to"Interstate 8 between Old Town and Interstate 15. 0 Would not directly serve existing and planned activity centers (Fashion Valley, Mission Valley and Hazard Centers, Stadium, future RiverWalk, Mission City, and Rio Vista mixed-use developments) . }~/;^';· "'¡,~::,~ ~:~~.~~:~eff~~:éf:~fr~~~T~;~;~:-=~l~:r~~:~~g;:, r::~ a:'; '," and 15 to 100 business and commercial driveways and atcess roads. 0 Most of the project would need to be elevated to get over fre.,ay interchanges. 0 The capital t~st is' êkÙmated to be approKimately 50 percent r' higher than the, preferr~ !l1gment:r .. ". < ' '. . ....,.',. > : I 2. Friars Road lAT - Ali~nlllênt t"'l"ls ~lon9Jriars Road. . .' ' a. Variatiòn 1: Betweèn Morena Boulevard and Stadium 0 ~ould not directly serve existing and planned activity i centers (Mission Valley and Hazard Centers, Stadium, future RiverWalk, Mission City and Rio Vista mixed use d8)lelolllllnts)~ ' .. 0 Would 1mpact two freeway interchanges, approximately a dozen cross streets and ~_15 business, commercial, and residential drivl!wa)1s and acc:ess roads. 0 Would have significant land use, n01se, and traffic impacts along Friars Road. 0 The capital cost is'astiaatedto be up to 10-25 percent higher than the preferred alignment. b. Variation 2: Between MOrena Boulevård and Via Las Cumbres 0 Would have significant land use, noise, and traffic impacts along Friars Road. . 0 Bisects future RiverWalk developMent, effectively rendering parcels undevelopable. :¡: ,-9- \bb...~1 - _.~_._._._-,_._~.---~.._"~_._...,----_. _._..._---~-----~~.- 03/02195 18: 15 U819 234 3407 IITDB Iï!i 0171022 o The capital cost is es~imated to be $25.4 million more than the preferred alignment. ~ c. Variation 3: Tunnel Between Morena Boulevard and Via Las Cumbres o Would have significant land use and traffic impacts along friars Road, blocking access with a l,OOO-foot-long tunnel portal. o Bi sects future RlverVal k development,effectivelY rendering parcels undevelopable. o The capital cost is estimated to be 544.6 million more than the preferred alignment. 3. Preferred LRT AliGnment Variations .,> ~ 'I ~"'; G" õ.,: '; variati."s" ~ô;¡~ pre1érrêd J,ltr-ãHìiñØlent"weri-1IVill uatéd "iîèar the... .-: '^" YMCA. RIver Rúñ Apartments, ·aáa Mission City and Stadium areas to . . minimize i~acts end/or reduce costs. Several of these variations l have been incorporated into the preferred a 1 i gnllent, as ! appropriate. ~ . ¡ B. Bus Alternati:vé" on .., \:. , Bus Alternative - A ; ine-haul bus route replacement for LRT servke through I Mission Valley was evaluated using twéJ"routing oþtions: , . ,", ' : Option 1: Tr~velJl'imarily along Friiars Road, providing direct service through Mission Valley. . .. . Option 2: Serve. major activity centers served by LRT through circuitous ro~ting o? existing street network. ! The bus alternative is not a. practicable alternative. to LRT in Mission Valley ¡ for the fo 11 owi ng reasons: .. . , I 0 It is not the most efficient use of transit operating funds over the , long-term as it requires IIOre operating subsidies than the LRT !alternative. Use of l1mUId regional operating funds to provide LRT- equivalent levels of ,bus service in Mission Valley would draw resources from the rest of the region, degrading the regional transit system. I 0 Buses cannot serve II 1 inear corridor with multiple activity centers I well, given the discontinuous street rietwork. A more circuitous routing ¡ to serve activity centers would discourage ridership. I 0 Buses would not attract acceptable levels of ridership. Even with LRT- ~ equivalent service levels, the bus alternative is projected to attract ~ 1,200 riders a day during the first year as opposed to 5,500 for LRT. 1-10- ! ~ \lo b-d.~ -_._-~_..._-_._-,---- ,----._-- - -.-~-~ -'--'-'"--'-'-'--'--'-~-- 03/02/85 16:15 'Zt618 234 3407 HTDB Ii!! 018/022 ! I i 0 The bus alternative does not meet the regional or project goals: ~ '. It fails to attract a reasonable level of ridership. " - - Regional mobility is not improved because buses must travel on ¡ circuitous, congested roadways. , - MTDB would fail to provide an attractive alternative to the automobile in Mission Valley. - Major activity centers in Mission~alleywould not be servéd well or at all (i.e., Stadium, Hazard Center, future Riverwalk, Calmat, and Mission City developments). i - Buses are less efficient from an operating and cost perspective. , . Taxpayers would not obtain the maximum benefit for the dollars , - , I . ..."' _.., ,. spent... . ...... .......'.,,~..., '..' '-'._, ........~" ......;,',.:.,.',..,.:..r..-........ ;. :..-:.; ,~_.-. . . ~ "'--/":'1/r.~, _~O:lé Prog;;s~ i~~a~rfederal tra~Iii, housing, air quality, and energy ." /c ",'"1 policies would not be achieved. - Legislative and voter mandates would not be implemented. , Ä further comparison of the bus~ and LRl à 1 térnat i ves is sullDlÌari zed . [, below: C. tIT and Bus Comuarison ' '; <, LRT Bus Ability to directly serve . existing and planned Good activity centers Poor Abiliïy to support regional ¡ and local land use policies ì and goals Good Poor ¡ Ability to support regional i and local transportation, ¡ energy and air quality ¡ policies and goals Good Fair I Estimated Annual Operating Subsidy (1995 dollars) S3.0-3.5M $3.4-4.5M Estimated Df,ily Ridership (Year 2010) 1) 16,000 1,200-3,600 Maximum Daily Ridership 49,200 tone-way) 9,600 (one-way) Capaci ty(1 ,2) 98,400 two ways) 19,200 (two ways) I 'Based·on equivalent service frequencies for LRT and bus alternatives. , ·~For LRT, assumes four-car trains during peak periods, three-car trains 'I , .. midday, and two-car trains nights. . For bus, assumes articulated buses. , -11- J ì l b\ð "'d- "3 I ~._-~~----_._,-,~" ..~--_.._._--_.-._- ---- ,--~-_..._--- ... ---_.._._--,~,---_._----_.__._~.,--.- 03fOZ/95 16:16 C619 234 3407 ItTDB Ijj¡ 019fOZZ D. Auto System Investment The chief alternative to a transit project in Mission Valley--whether bus o~ rail--is increased investment in the automobile. There are two aspects to this investment. The first is the capital ex~enditures needed to build the infrastructure of streets and highways, as we 1 as those required for the automobiles themselves. The second aspect is the continuing expenditures required for operation and maintenance of the system. The first aspect of investment, caDital eXDenditures, has both a publi~ and a private component. The public component is the.syst..-of streets, highways, bridges, lighting, and traffic control devices which form the mediwn on which automobiles travel. In Mission Valley, this system consists of a freeway (Interstate 8) and several parallel arterial streets. The freeway is one of the busiest in California, with little or no capacity to handle increased traffic. Both types of roadway would have to be supplemented with additional capacity in order to function if transit were not developed in Mission Valley. o,.['I,I}tiiìg"~i.dÍ! tt: !I~rquâlf\y, noise~· and ~'lIn;!IY i'lll'act$ of such 'an' expansion, . (·tost considerat ons' wouîcfJ'ií'åke it diffic,"' to justify. To achieve the same .'.".... peak capacity as the proposed 1iyht rail line (3,000-4,000 people per hour, per direction), Interstate 8 wou d need two more lanes in each direction. The cost of adding these four new lanes could exceed $400 million (perhaps considerably higher, given the lack of available right-of-way in which to expand). In contrast. the capital cost of the Mission Valley Vest light rail segment," including vehicles, is $24& million. t ~ . ~ . , Thli pr'ivate component of capita' ·1nves1:melit" 1n the automobile systl!lll is the autos.themse1ves. The willingn~ss ofa motor'ist to pay for a car and its upkeep is often felt by economists to be a validation of the public's . aCèeptance of the automobile system. In .any instances, however, a family 1s w111ing enout to support. a single automobile in the household, but is forced to take on t e burden ofsupportilig nulttplacars. Often, one IDOtor vehicle is needed for each licensed driver in the household. This condition is a consequence of focusing our public reSOurces on ·developing the automobile system while neglectin, its ·alternatives,such as· transit, bicycling, and walking. The end resu t ïs lowerdi$pQsable income for the household in question. As an example,· several stllclies have found that the family able to dispense with one of its automobilèS can, on average, afford an additional $40,000 worth of mortgage. Operatina eXDenses are the other aspect of the automobile system. These, too, have a public and private component: the public costs of maintaining, lighting, and patrolling roadWlYs; and the private costs of purchasing fuel, parts, service, insurance, and parking. These expenditures are commonly considered to be self-supporting; the driver pays the public costs through taxes and the priváte costs directly to the providers of the services in question; In fact, many of the operating expenses of the automobile systell are subsidized, while other expenses are not covered at all. America's aging ·roadwaysand bridges 'are testUlant to the fact that gasoline taxes and other road user fees are not sufficient to maintain these public -12- ttob;~~ --^-~~,._._". .'._...- . . _.. ..-----.-.----.--..-. ----~-- 03/02/95 16:17 'Zt619 234 3407 IITDB Ii!I 020/022 facilities. Moreover, the costs of most of the impacts of the automobile-- called externalities by economists--are not covered by motorists at all; bu~. by the general public, regardless of how much or how little they drive. These· relate to air pollution, accidents, congestion, and parking subsidies. !The "hidden costs· for these impacts must be shouldered through higher property taxes (for traffic enforcement, for example), private insurance and medical expenses (for auto-related traffic accidents and lun~ diseases), and higher prices for goods and services (to subsidize free par ing at stores and offices). A 1993 study estimated that if these externalities were covered by IIIOtorists, the gasoline tax would have to be increased by $3.51 per ganon! This would raise the price of :¡:;,ular gas in this area -from about $1.29 a gallon today to about S4.80 a ga lon--which compares favorably with its price in most other developed nations. The failure of much smaller gas tax increases both locally and in other parts of the country belies the notion that the public is truly willing to pay the cost of maintaining the automobile system. To be sure~ the transit alternatives to the automobile require public support '~l"iI$,ji!e~l'; ~Iilt th1J.:~~PMrq~,not hidden and"is"Wlthin the'CIpac~tyof··~ocal_... . '. ëlgl!hc1es to undertalCe. 'ope ating costs1lQ'~he Minion Valley l1ght ra1l .: ,! segment are estimated to require a public subsidy of SO.55 to $0.64 per passenger. " .. . ., '. . - -13- \Lb ...~.S -"----,,-,-...-.,,--.-.-.---,-------------..---.--.------.~,_.,_.~_.-,.. --- ---~_.._---_.- 03/02195 16:17 11'619 234 3407 IITDB Ii!J 0211022 LIST OF PUBLIC MEETINGS MISSION VALLEY WEST LRT PROJECT , , Date Organ;zation it ~j ~ , 02106/91 Mission Valley Unified Planni~g Group k r 01/13/92 Courtyards Condominiums 05/06/92 Mission Val1e1 Unified Planning Group 06/24/92 Mission Green Condominiums (l9l~jm . ... ··MissiolÎ·~Ì" en Cõñdóliiniûiß'""" ...... ','~--- . .~. ..~......, 4.". ^'(^', .'.'~ '''''''8'··' t~ JC-'''I . '7 '(> .,,~ ,'., '" . - - , ,-, . -' "- '.'~ . - 12/15/92 Kensington Optimist Club 01/13/93 College Park Presbyterian Church 01/13/93 Rancho Mission ~o~~~iniums 01/25/93 courtyards CondOBiniums 01/25/93 Courtyards HOIIeowners Association 02/03/93- .... River Scene Condominiums .... . .- , ¡ 02/04/93 Presidio Place Condominiums , _.~.,.- , ....-- , 02/06/93 Mission Valley Center I I , 02/10/93 ASCE Transportation Group ! 02/13/93 Fashion Valley 0~/16/93 Mission Hills Association 02/16/93 Clairenont Mesa Planning Group 02/20/93 Concerned citizens. (bus tour) 02/23/93 Rancho Mission Condominiums 02/24/93 Rancho Mission Homeowners Association 03/02/93 Uptcnm Planners Meeting, Joyce Beers Coanunity Center 03/16/93 Connunity leaders -14· r ll.. b"~ I ì k_~____._._..___.__,_:___ .' ___...._____________._.______~~__..~____.____. -"._-- 03/02/95 16:17 C619 234 3407 IITDB IàJ 022/022 \ .' Date Organization 03/18/93 Mission Greens Condominiums 03/24/93 Business property owners/t.oants , 03/24/93 Serra Mesa Planing Group 04/15/93 Mission Valley community Group· 04/27/93 The Bluffs· Condominiums 06/04/93 Councilmember Stallings (City of San Diego) 02/16/94 La Mesa Exchange Club .. _..;.'".....". . ...." .~....,.." , - 1'\. ,..~~~~:;. ,~.,;...;.""". .......' ~ t",! ,._.-., ,'" .;t. ....,.. ~"_"', 'N" 0'('11'3/23/94'" T ·':tákIÍMu.\~rL;ons Club¡C-)) 08/11/94 American Public Works Associations (APWA) 08/13/94 C-3 organization ._,-..- ..- . ........ _.... ..,-- .....~....._-- ._>" ,___o.,_,..H'· ---..- ' _u MVWSUK.TFL i 3/Z/95 . '_n" c'cm_·· -- -- " t ¡ i i ¡ _..~ ,. -15- ¡~b..~1 ________.__'.__,_.__...__+___._____.____"...._._.___..._m__"'_ m'" ___,._ _~___.~_.__.__,,_...___ MAR-08-95 WED 07:48 AM 1-'.\::1:1. /6h RIVER VALLEY PRESERVATION PROJECf . Working to preselVe our Wetlands, Floodplains, and Greenbelt areas · March 7, 1995 Fax to Patricia (Chula Vista city Council): This is in regards to the Mission Valley West Trolley Extension ~ran~net Funding at SANDAG this Thursday. We are opposed to the fund~ng. I 'request that my 2 minute speech, which I read to the County Board of supervisors, in the presence of supervisor Roberts be read allowed when the Agenda Item comes up at this meeting. (The speech follows this fax.) If it is not possible to read the speech. I would be grateful if you would providé copies of it to the council members and ask them to read it prior to their decision. Basically it says that it is documented at the Army Corp. of Enqineers, that Bus service is 1egg expensive than Trolley serv- ice.... however MTDB Directors have thouqht otherwise for years due to erroneOU9 information. Thank for your time. sincerely, .-... ~ (U')-284-UU Erio Bowl!)y Treasurer (RVPP) ;¿Þ -c2r P,O. BOX 7098. San Die;(o. CA 92167 . (619) 284·9399 · (619) 223·3928 · Fax (619) 284·2432 _.~~__~~._,_~__..'____~___ ___.__m__",_,_,~~_~,_",·__~_"_"m·_"" _.._..._----~.- ,·'.........,-"'-'0-="_' ~....I::.£..o ....., .......=" ......'-1 supervis.spk At a September 22, ~995 MTDB meeting the Board of Directors asked MTD Staff specifically for a report that compared Annual Operational Cost of Trolley to the Bus option. Director Stallings asked first and Director Ron Roberts followed Up. I'm reading from the minutes. Mr. RoÞerts asked that the analysis be made avai~able to the Þoard. Be noted that what happens in government is we qat money only for capital improvements, and we get money tha~'. only for operating improvements. ... We don't have the flexibility of balanoing off those capital dollars with operating do~lars. If we clid, we may have a different kind of service." The report came to the directors at the next meeting on October 6 it was full or errors and misleading information. The cover sheet of my handout outlines these errors and inside are MTDB documents submitted in recent months to thQ ACOE that flat out admit the errors. They forgot to include the cost of the LRT feeder bus service. an error of $1.5 Million. They used the incorrect round trip mile- age when calculating "Cost per revenue mile". a 1/2 Million dollar error. Mr. Roberts, in response to your request, they handed you a figure of less than $3 Million, when ·the actual gross Annual Operational Cost was $5 Million. In response to your request for an Annual Cost comparison with buses, you never got a bottom line. They left out Fare Recovery which is much greater for buses. Buses were $1 Million LESS per year to operate, not $a.3 Million more as the document you receive a indioated. You should be outraged at the misleading information you re- ceived. If you are not please explain. Please do not sanction these phenomenal miscalculations but investigate quickly and reconsider your vote for the March 9, SANDAG Agenda. I have highlighted the MTDB documents and errors. Please ask SANDAG staff to work with us in this inv~stigation. MTDB staff has muddied the figures in their recent: docs to ACOE with added miles to the EIR Bus Option and another $l Million dollar error. Are there any questions? Madam Chair will you please allow a minute to run through the highlight points on the MTDB Docs I've given you? ,.--. ~ ~ /6ß-2¡ d-Sé/- P3'ì? ~'.... -,.,..""""",,...,, .. n - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- MAR-08-95 WED 07:49 AM P.03 Mission Valley West Trolley E~tenslon OPERATIONAL COSTS PRESENTED TO MTDB DIRECTORS OCT. 6, 1994 " CORRECTIONS AS INDICATED BY MTDB STAFF DOCUMENT DATED DEC. 15, 1994 (As submittQd to the U.S. ArmY corDS of EnaineersJ ~escrjption (Millions il UIT TSM ~ (Bus Qptionl Annual operational Cost $ 2.94 $ 5.32 LRT Round Trip Miles Correction (use of 12.4 not 10.4 miles) + .57 - LRT Feeder Bus Cost (Left out 01'1 oct. 6, '94) + 1.49 - ¡¡¡¡¡¡¡¡===:¡¡:¡¡¡¡~=== ;=::===::::¡¡¡¡¡¡¡¡:¡¡;¡::==== Total Annual Operational $ 5.00 $ 5.32 $5 Million - 2.94 Million = $2.06 Million Error in LRT Operational Costs, (NeVer considered or aDcroved by MTDB Directors) *** lABE RECOVERY NOT CONSIDERED ~ ~ DIRECTORS Description (Mi 11 ions il LRT TSM 2l: .í..!ß!3. Oct i onJ Corrected Total Annual Operational Costs $ 5.00 5.32 Fare Recovery Reduction - l.47 - 2.21 Doubling Bus ROïte 81 - over-estimated - .64 :¡¡;5====:=:¡¡;¡-=::=:= ===¡¡¡¡¡c;::==:::::::i¡¡¡¡;;:; Total Annual operational $ 3.53 $ 2.47 BUS.S were $1.06 Million LESS per year to operate, not $2.32 more. - Jtß'-- .J éJ _:~~~-"'-.'L".--,,-..........~__~~..,~ ---.----.--. -- -....".-- February 23, 1995 . TO: Honorable Mayor Horton FROM: Armando Buelna, Assistant to the Mayor and Council SUBJECT: Len Moore's Appointment to the EDC Curtis Valenzuela has proposed the following to address Len Moore's appointment to the EDC: Brene Patrick is a voting member, but had requested a sabbatical from December 1994 to July 1995. The Commission would like her to stay on, however. Chuck Sutherland, an ex.officio member, has resigned. Ty Compton is a member with full voting rights, but his term expires in June. Since he has already served two full terms, he cannot serve another term. Mr. Compton is on the Commission, but is not listed as such in the printout. Len Moore has no formal status. The solution Curtis proposes involves moving Ms. Patrick from a voting member to the ex·officio seat vacated by Chuck Sutherland. Len Moore would then be moved into Ms. Patrick's voting seat. In July, when Ms. Patrick returns from sabbatical, and after Mr. Compton's term has expired, appoint her to fill that seat if you so choose. .- /¿,c-j ____~_.___~__M...____,__.__~______~~_~··__~__·_·___··___...__