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Agenda Packet 1994/04/05
"I declare under penalty of perjury that 1 am employe':! by the City of Chura Vista in the Office of the City Clerk and that I posted Tuesday, April 5, 1994 this Agenda/Notice on the Bulletin Board at Council Chambers 4:00 p.m. the Public ervi es Building and t City H¡fl on Public Services Building DATED, J: '.JJ ? SIGNED ñíñåt) e lar Meet" 0 e Ci of a IS CALL TO ORDER 1. ROLL CALL: Councilmembers Fox _, Horton _' Moore _, Rindone _, and Mayor Nader _. 2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER 3. APPROV AL OF MINUTES: March IS, 1994 (City Council Meeting), March 22, 1994 (City Council Meeting), March 22, 1994 (loint Meeting of the Redevelopment Agency/City Council), and March 29, 1994 (Regular MeetinglWorksession). 4. SPECIAL ORDERS OF THE DAY: a. Proclamation recognizing Easton Aluminum for service rendered to the citizens, and parûcularly the young people, of Chula Vista for their support of archery programs. The proclamation will be presented by Mayor Nader to Lloyd Brown of Easton Aluminum. Effective April 1, 1994, there have been new amendments to the Brown Act. The City CouncU must now reconvene into open session to rep011 any Jj11J1l actùllls taken in closed session and to a4Joum the meeting. Because of the cost involved, there wUl be no videotaping of the reconvened p011lon of the meeting. However, final actions rep011ed wUl be recorded in the minutes which wUl be available in the City Cleric's Office. CONSENT CALENDAR (Items 5 through 12) The staff recommendations regarding the foUowing items listed under the Consent Calendar wUl be e1tDcted by the CouncU by one motion without discussion unless a CouncUmember, a member of the pubUc or City staff requests that the item be puUed for discussion. If you wish to speak on one of these items, please flU out a "Request to Speak Fomr" available in the lobby and submit it to the City Cleric prior to the meeting. (Complete the green fomr to speak in favor of the staff recommendation; complete the pink fomr to speak in opposition to the staff recommendation.) Items puUed from the Consent Calendar wUl be discussed qfter Board and Commission Recommendations and Action Items. Items pulled by the pubUc wUl be the first items of business. 5. WRI1TEN COMMUNICATIONS: a. Letter requesting Council adoption of a resolution SUppoTÛng the 6n /94 ballot measure to relocate Charles A. Lindbergh Field to Miramar -lohn F. Seymour, Citizens for Miramar, 501 West Broadway, Suite 2020, San Diego, CA 92101. It is recommended that Council receive this letter and request staff to notify Citizens for Miramar that time would be made availahle on the 4/12/94 agenda for a presentation. RESOLUTION 17450 ENDORSING AND SUPPORTING THE JUNE, 1994 MIRAMAR ADVISORY BALLOT MEASURE AND DESIGNATING MIRAMAR AS THE PREFERRED SITE FOR THE SAN DIEGO INTERNATIONAL AIRPORT Agenda -2- AprilS, 1994 b. Letter requesûng approval of amendment to 1986 County Solid Waste Manag....ent Plan to include the proposed Ftynn Rainbow Nurseries and A-I Soils Composting sites - Gloria McClellan, Chairwoman, Board of Directors, San Diego Association of Governments, 401 "B" St., Suite 800, First Interstate Plaza, San Diego, CA 92101. It is recommended that staff be directed to prepare a letter to the Chair outlining actions taken by the City. c. Letter requesûng Council adopûon of a resoluûon opposing the proposed reducûon in Federal Transit Operaûng Assistance - Leon Williams, Chairman, Metropolitan Transit Development Board, 1255 Imperial Ave., Suite 1000, San Diego, CA 92101-7490. It is recommended that Council direct staff to bring a resolution back at the 4/12/94 meeting. 6. RESOLUTION 17438 AUTHORIZING THE CITY MANAGER TO PREPARE ALL NECESSARY DOCUMENTS FOR COUNCIL APPROVAL OF A GRANT AGREEMENT WITH THE CALIFORNIA ENERGY COMMISSION TO IMPLEMENT AN ALTERNATIVE FUEL RETROFIT PROGRAM FOR SS5,000 AND AN ALUMINUM AIR BATTERY RESEARCH AND DEVELOPMENT PROJECT FOR $50,000 - In November 1993, Council accepted funding that had been legislated to the City for the development of an aluminum air fuel cell for electric vehicles and to create an alternative fuel retrofit program. A total of $105,000 in funding was accepted; $55,000 for the alternative fuels retrofit program and $50,000 for the aluminum air battery development project. This action allows staff to proceed with a contract to receive Energy Commission funds. Staff recommends approval of the resolution. (Administration) 7. RESOLUTION 17439 AMENDING THE GRAFFITI POLICY ON YOUTH SPORT FACILITIES AND STRUCTURES ON CITY PARKLAND - On 1/18/94, Council adopted a Graffiti Policy for youth sport facilities and structures on City Parkland and referred two options for staff and the Youth Sports Council to consider. Staff recommends approval of the resolution. (Director of Parks and Recreation) 8. RESOLUTION 17440 AUTHORIZING THE CITY ENGINEER TO FILE APPLICATIONS WITH THE CALIFORNIA OmCE OF TRAmC SAFETY (OTS) FOR FEDERAL GRANT TO PURCHASE AND INSTALL (1) EMERGENCY VEmCLE TRAmC SIGNAL PRE-EMPTION CONTROL SYSTEM AND (2) A COMPUTERIZED ACCIDENT RECORD RETRIEVAL SYSTEM - The City has received an invitation from the OTS to participate in a State-wide Federal grant fund traffic safety improvement program. Staff has identified two traffic safety projects that qualify under the grant program: (a) Emergency Vehicle Traffic Signal Pre-emption Control System and (b) Computerized Accident Record Retrieval System. Staff recommends approval of the resolution. (Director of Public Works and Fire Chief) 9. RESOLUTION 17441 APPROVING SUBMISSION OF THE FISCAL YEAR 1994/95 TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 4.5 CLAIM FOR HANDYTRANS OPERATION - The Fiscal Year 1994/95 claim for Handy trans operation was submitted to the Metropolitan Transit Development Board and the San Diego Association of Governments on 4/1/94 as required by State law. The claim includes $152,766 in TDA Article 4.5 funds and $22.194 in transit funds. Staff recommends approval of the resolution. (Director of Public Works) ~.."..- - " . _.._,..."'_.__._--~._------ -..".,...--. -' -----,--"-- Agenda -3- April 5, 1994 10. RESOLUTION 17442 AUTHORIZING SUBMISSION OF FISCAL YEAR 1994/95 TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 4.0 CLAIM - The Fiscal Year 1994/95 TDA Article 4.0 Claim for Chula Vista Transit operation and capital procurements is in the amount of $2,466,700. The claim was submitted on 4/1194 to San Diego Association of Governments and Metropolitan Transit Development Board as required by State law. Staff recommends approval of the resolution. (Director of Public Worlrs) 11. RESOLUTION 17443 APPROVING AGREEMENT WITH THE COUNTY OF SAN DIEGO .FOR PUBLIC TRANSPORTATION SERVICES FOR FISCAL YEAR 1994/95, AND AUTHORIZING MAYOR TO EXECUTE SAME - The agreement authorizes the City to claim $99,551 of County Transportation Development Act Article 4.0 funds for Chula Vista Transit service provided in the unincorporated area in Fiscal Year 1994/95. Staff recommends approval of the resolution. (Director of Public Works) 12. RESOLUTION 17444 AUTHORIZING THE EXECUTION OF TWO EASEMENTS AS REQUESTED BY THE SAN DIEGO GAS & ELECTRIC COMPANY (SDG&E) FOR THE PURPOSE OF INSTALLING UNDERGROUND FACILITIES AND APPURTENANCES ADJACENT TO EUCALYPTUS PARK AND WITHIN UTILITY UNDER GROUNDING DISTRICT NUMBER 122, ALONG FOURTH AVENUE - On 6/30/92, Council approved establishing Utility Undergrounding District Number 122, along Fourth Avenue from "E" Street to a point approximately 100 feet south of State Highway 54. SDG&E has requested two easements along Fourth Avenue, just south of "C" Street in order to install and maintain a pad mounted switch and three transformers behind the sidewalk. 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 advertised and/or posted as public hearings as rezuired by low. lfyou wish to Òeak to any item, please flU out the "Request to Speak Form" availoble ill the obby and submit it to the City lerlc prior to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pink fomr to speak in opposition to the staff recommendatioll.) Comments are Untited to five minutes per individual. 13. PUBLIC HEARING LOCAL CONSISTENCY CHECKLIST FOR THE REGIONAL GROWTH MANAGEMENT STRATEGY AND CONGESTION MANAGEMENT PROGRAM - On 5/5/92, Council adopted the Revised Draft Regional Growth Management Strategy (RGMS), which was prepared by the San Diego Association of Governments (SANDAG) and other member agencies in response to voter approval of Proposition "C", the County's Advisory Measure on Growth Management (1988). The RGMS takes a quality of life approach to growth management, and contains standards and objectives and recommended actions for nine Quality of Life Factors: air quality, transportation/congestion management, water, sewage disposal, sensitive lands preservation and open space protection, solid wastelhazardous waste management and housing. The RGMS also includes an annual "self- certification" process for local and regional agencies to determine their consistency with the Strategy's recommended actions. The purpose of the hearing is to review the City's completed consistency checklist for calendar year 1993. Staff recommends approval of the resolution. (Director of Planning) RESOLUTION 17445 TRANSMITTING THE LOCAL CONSISTENCY CHECKLIST FOR THE REGIONAL GROWTH MANAGEMENT STRATEGY TO SANDAG --""-~--""---"--"'--"'---------'----- Agenda -4- April 5, 1994 ORAL COMMUNICATIONS This is an opp011unity lor the geneml pubUc to tuldress the City CouncU on any subject maner within the CouncU's jurisdiction that is 1J!l1. an item on this agenda. (State low, however, generally prohibits the City CouncUfrom taking action on any issues not included on the posted agenda.) If you wish to address the CouncU on such a subject, please complete the yeUow "Request to Speak Under Oml Communications Fomr" available in the lobby and submit it to the City Cleric prior to the meeting. Those who wish to speak, please give your name and address for record pUlposes and foUow up action. Your time is Umited to three minutes per speaker. BOARD AND COMMISSION RECOMMENDATIONS This is the time the City CouncU wUl consider items which have been forwarded to them for considerotion by one of the City's Boards, Commissions and/or Committees. 14. REPORT REQUESr FOR CITY SUPPORT OF THE VISUAL ARTS FOUNDATION, INC'S REQUEST FOR PORT DISTRICT FUNDING FOR THE 1994 SUNSET CINEMA FILM FESTIVAL - The Film Festival has been successfully conducted at Bayside Park for the past three sununers. The event features a film (or films) that are projected on a large screen that is located on a floating barge anchored in the bay directly west of Bayside Park. The audience watches the movie from the patk. The Film Festival is supported, in part, through funding from the San Diego Unified Port District. The Port will be approached this spring seeking funding for the 1994 Festival. The Commission recommends Council accept the report and forward a written communication to the San Diego Unified Port District indicating the City's support of the proposed 1994 Sunset Cinema Film Festival. (Cultural Arts Commission) ACTION ITEMS The items listed in this section of the agenda are expected to eUcit substantißl discussions and deUberotions by the CouncU, staff, or members of the general public. The items wUl be considered individually by the Council and staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please flU out a "Request to Speak n fomr availoble in the lobby and submit it to the City Cleric prior to the meeting. PubUc comments are Umited to five minutes. IS. REPORT UPDATE ON SOLID WASTE ISSUES AND EVALUATIONS OF PROPOSALS FOR SOLID WASTE SERVICES - On 3/1/94, Council approved additional consultant services in order to proceed with the evaluation of the five proposals for solid waste services received as a result of the Request for Proposal issued 12/16/93. At that time, a three step process was defined which would provide Council with important decision-making information prior to the 5/31194 expiration date of the Interim Solid Waste Participation Agreement. Staff recommends Council accept the report. (Administration) 16. RESOLUTION i7446 APPROPRIATING $3,720 FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND TO SUPPORT SEVERAL PROJECTS PROPOSED BY THE CULTURAL ARTS COMMISSION - The Cultural Arts Commission is interested in pursuing a number of projects that will enhance the Commission's ability to provide a variety of services for the community. Funding for the projects is not included in the Commission's Fiscal Year 1993/94 budget. Staff recommends approval of the resolution. (Director of Parks and Recreation) 4/5th's vote required. _ n >..-.----.-----. ._._~,-._---_.._._,-----,.__.._- Agenda -5- AprilS, 1994 17.A. RESOLUTION 17447 APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 1994/95 SPREAD OF ASSESSMENTS FOR CITY OPEN SPACE MAINTENANCE DISfRlCT NUM:BER 10, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS AND SETTING JUNE 7,1994 AT 4:00 P.M. AND JUNE 14, 1994 AT 6:00 P.M. AS THE DATES AND TlMES FOR THE PUBLIC HEARINGS - On 1/25/94, Council directed the City Engineer to prepare and file reports of . assessments for Maintenance District Number 10. The reports have been prepared and the resolutions approve them and sets the dates for public hearings .to consider the spreading of assessments. Staff recommends approval of the resolutions. (Director of Public Works) B. RESOLUTION 17448 DECLARING THE INTENTION TO ADJUST THE BOUNDARY BETWEEN OPEN SPACE MAINTENANCE DISTRlCT 20 AND DISTRlCTS 1 AND 10 AND SETTING APRIL 19 AND APRIL 26, 1994 AT 6:00 P.M. AS THE DATES AND TlME FOR THE PUBLIC HEARING 18. RESOLUTION 17449 APPROVING THE ENGINEER'S REPORTS FOR THE FISCAL YEAR 1994/95 SPREAD OF ASSESSMENTS FOR CITY OPEN SPACE MAINTENANCE DISfRlCTS 1-9, 11, 14, 15, 17, 18, 20, 23, 24, 26, EASTLAKE, BAY BOULEVARD AND TOWN CENTRE, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS AND SETTING JUNE 7,1994 AT 4:00 P.M. AND JUNE 14, 1994 AT 6:00 P.M. AS THE DATES AND TlMES FOR THE PUBLIC HEARINGS - On 1/25/94, Council directed the City Engineer to prepare and file reports of assessments for all existing City Open Space Maintenance Districts. The reports have been prepared and the resolution approves them and sets the dates for public hearings to consider the spreading of assessments. Staff recommends approval of the resolution. (Director of Public Works) 19. REPORT APPOINTMENT OF TWO CITY COUNCIL MEMBERS TO THE POLICY SUBCOMMITTEE FOR THE OTA Y RANCH PROJECT - The Council and the San Diego County Board of Supervisors agreed to continue joint input in the future planning of Otay Ranch by convening a subcommittee composed of two members from each body. The purpose of the subcommittee is to provide ongoing policy direction to staff on the implementation of the Otay Ranch Project. Staff recommends Council accept the report. (Otay Ranch Project) ITEMS PULLED FROM THE CONSENT CALENDAR This is the time the City Council wUl discuss items which have been removed from the Consent Calendar. Agenda items pulled at the request of the public wUl be consúlered prior to those pulled by Councilmembers. PubUc comments are limited to five minutes per individual. OTHER BUSINESS 20. CITY MANAGER'SREPORTCS) a. Scheduling of meetings. ____._....._...._ .'_.m'·___..__u_··_.._._.___·____··____u__ Agenda -6- AprilS, 1994 21. MAYOR'S REPORTlS) a. Enforcement of housing discrimination violations. b. Ratification of appointment to the Design Review Committee - Patricia B. Kelley. ConÛßued from the meeting of 3/22/94. c. Direction to staff regarding continuing participation in the San Diego Area Waste Management District. 22. COUNCIL COMMENTS Councilwoman Horton a. Cultural Diversity/Sensitivity Training. Conûnued from the meeting of 3122/94, 23. CLOSED SESSION Unless the City Attorney, the City Ma1tDger or the City CouncU states otherwise at this time, the Council wUl discuss and deUberøle on the following items of business which are pennitted by law to be the subJ.ect of a closed session discussion, and which the Council is advised should be discussed in closed session to est protect the interests of the City. The CouncU is required by law to return to 0len session, issue any rep011s of Jj11J1l action taken in closed session, and the votes taken. However, due to t e typical length of time taken up by closed sessions, the videotaping will be temri1tDted at this point in order to save costs so that the CouncU's return from closed session, rep011s of Jj11J1l action taken, and a4Joumment wUlnot be video~ed. Neve11heless, the rep011 of final action taken wUl be recorded in the minutes which wUl be availoble in e City Cleric's Office. CONFERENCE WITH LEGAL COUNSEL REGARDING: 1. Exisûng liûgation pursuant to Government Code Secûon 54956.9 · Christopher vs. the City of Chula Vista. · City of Chula Vista vs. the County of San Diego. (Surcharge) · City of Chula Vista vs. County of San Diego and Aptec. · EP A vs. the City of San Diego, Chula Vista amicus party discussion, instructions to attorneys. 2. Anûcipated liûgaûon pursuant to Government Code Secûon 54956.9 · Granite vs. the City of Chula Vista. (Contractor's Claim) 24. ORAL REPOJ{T OF FINAL ACTIONS TAKEN IN CLOSED SESSION ADJOURNMENT The meeting will adjourn to the Regular City Council Meeting on Tuesday, April 12, 1994 at 6:00 p.m. in the City Council Chambers. An Adjourned Regular loint Meeting of the City CouncillRedevelopment Agency and a 10int Regular Meeting of the City CouncillRedevelopment Agency will be held immediately following the City Council meeting. An Adjourned Special Meeting of the Industrial Development Authority will be held immediately following the loint Meeting of the City CouncillRedevelopment Agency. -_._----~.._"----_._..~.~~-_._---_.,._---,---_.."_._-_.-" COUNCIL AGENDA STATEMENT Item r a... Meeting Date 4/5/94 ITEM TITLE: Proclamation: Recognizing Easton Aluminum for service rendered to the citizens, and particularly the young people, of Chula Vista the their support of archery programs SUBMITIED BY: Director of Parks and Recreatioe- Due to the high level of support given to the City of Chula Vista by Easton Aluminum through their Easton Sports Development Foundation, staff recommends that they be given a proclamation recognizing their efforts. Mr. Lloyd Brown, of Easton Aluminum, will receive the proclamation. ¥~,/ ....._.. ._. . .... '__H'._""' ..--..--- ----"_." April 5. 1994 Mavor Nader. This plaaue is to be presented under "Special Orders of the Dav" OTAY GOLDEN HANDS TRAINING CENTER OFFICIALLY OPENED JULY 1, 1993 PRESENTED TO BOBBY LOPEZ "A VERY SPECIAL THANK YOU" FOR YOUR STRONG LEADERSHIP AND ABILITY TO SINGLE-HANDEDLY UNITE THE COMMUNITY OF OTAY. YOUR UNSELFISH HARD WORK AND DEDICATION SERVE AS AN INSPIRATION TO THE PEOPLE OF OTAY, ESPECIALLY OUR YOUTH. MARCH, 1994 ;jþ-) . ......--....-- -......---....----."---- ~--_..__._..._.._- March 31, 1994 TO: The Honorable Mayor and City Council FROM: John D. Goss, City Manager~~ SUBJECT: City Council Meeting of April 5, 1994 This will transmit the agenda and related materials for the regular City Council meeting of Tuesday, March 15, 1994. Comments regarding the written Communications are as follows: 5a. This is a letter from citizens for Miramar requesting support of the June 7, 1994 ballot measure to relocate the Charles A. Lindbergh Field to Miramar. THAT COUNCIL RECEIVE THIS LETTER AND REQUEST STAFF TO NOTIFY CITIZENS FOR MIRAMAR THAT TIME WOULD BE MADE AVAILABLE ON THE APRIL 12, 1994 AGENDA FOR A PRESENTATION. 5b. This is a notification from Gloria McClellan, Chairwoman, SANDAG Board of Directors, that SANDAG, acting as the Integrated Waste Management Task Force, has taken action to recommend that the cities and the County approve an amendment to the 1986 San Diego County Regional Solid Waste Management Plan to include two proposed green waste composting facilities. A subsequent letter to the city Manager from SANDAG dated March 24, 1994 corrected the original request by stating that "effective July 1, 1993, state law requires that cities be notified of proposed sites but approval action is not required from city Councils." IT IS, THEREFORE, RECOMMENDED THAT STAFF BE DIRECTED TO PREPARE A LETTER TO THE CHAIR OUTLINING ACTIONS TAKEN BY CITY AS NOTED ABOVE. 5c" This is a letter from Leon Williams, Chair, MTDB requesting opposition to the proposed reduction in Federal Transit operating Assistance. IT IS RECOMMENDED THAT COUNCIL DIRECT STAFF TO BRING RESOLUTION BACK AT THE 4/12/94 MEETING. - --~--_..~_._.._~-~"-_.__.,----- --,---,---_._-~~,.~_..,.__.._.,_..,_.._..._- / Citizens for OOŒ&Œm-rl l ~ ~~~~i MIRAMAR ;m="..=J J I ""t;,;..!t.();'r:'¥(',) CHUl.~' \'¡:;r~,. c,~ . _.~"--..- The Honorable Tim Nader, Mayor March 9.1994 Honorable Council Members City of Chula Vista QO ~ ....- 276 Fourth Avenue -<-< :u Chula Vista, CA 91910 ("')0 i ", r--r¡ mr) (") ;Ox IV ", RE: Presentation to the Mayor and City Council ~c: - (..t'1;~.~ < oþ· > ", -r¡< Dear Mayor Nader and Council Members: -r¡-- co 0 -V> ("')-< Ö m;Þo 0- On behalf of Citizens for Miramar, we would greatly appreciate tile opportunity to be placed on a late April or May City Council agenda in to make a brief presentation on the ecohomic. noise. safety. and environmental advanta~es of relocating Charles A. Lindbergh Field to Miramar. Citizens for Miramar respectfully asks that the Council adopt a resolution supporting the June 7 ballot measure. Enclosed is a draft, sample resolution. For the first time in the lùstory of the region, the community will have an opportunity to vote their views on the issue of siting a world class International airport. The following measure will appear on the June 7, 1994 ballot, 'The people of San Diego do hereby reaffirm their strong support for the continued presence of the U.S. Military in the San Diego region. However, if the U.S. Government decides to make NAS Miramar available for civilian airport use, then should all government officials cooperaœ to make every effort to relocate Charles A. Lindbergh International Airport to Miramar?" Community consensus is needed. Citizens for Miramar Is a non-profit coalition supported by a broad based coalition of community leaders, business people, environmentalists, developers, academia, elected officials, several retired lùgh military officials including two-star Major General Cooke, three-star Lieutenant General Krolak, U.S. Navy Admiral Raymond Burk and many other supporters and volunteers county-wide. A vibrant regional quality of life is inherently linked to tlourislùng economic opportunities and that establislùng a legitimate international airport at Miramar Is essential to insuring the county's participation in global air passenger service, tourism and international trade. Elimination of flight safety and technical restrictions associated with the existing airport in urgently needed. Simply stated, San Diego County needs an airport for the 21st Century and Lindbergh Field is not and cannot be that airport. Please feel free to call Jim Bartell at 687.7012 or me at 231.3800. aft WIITrEN COMMUNlC~ONS /~ 'l/5í~7 50 West Broadway. Suite 2020 . San Diego. CA 92101 . 619/687-5547 FAX 619/687-7007 e ~--J ,,.'t:~,!J . ..~._...,---.--- ____ .__~__~_____.,___.._u A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, TO ENDORSE AND SUPPORT THE JUNE, ]994 MIRAMAR ADVISORY BALLOT MEASURE AND TO DESIGNATE MIRAMAR AS THE PREFERRED SIT FOR THE SAN DIEGO INTERNATIONAL AIRPORT WHEREAS, the City of San Diego, the County of San Diego, and other governmental agencies in the San Diego Region have been searching for new ways of providing better airport service for the region, and as a result of the search, the County Board of Supervisors have placed an advisory measure on the June 1994 ballot to determine the feasibility of Miramar as the preferred site for the San Diego International Airport; and WHEREAS, the City of San Diego Progress Guide and General Plan for airports is to support continued designation of Lindbergh Field as an airport and to pursue aggressively the use of NAS Mirarnar as the region's air carrier airport if all or a major portion of NAS Miramar Is no longer required for national defense; and WHEREAS, the siglÛficant noise and safety deficiencies at Lindbergh Field including that it does not meet FAA milÛmum standards for lower minimum visibility approaches and that pilots are not able to use precision approach instruments when landing on the primary approach runway; and WHEREAS, the inevitable and increasing problem of traffic congestion· both ground and air - is approaching gridlock at Lindbergh Field; and WHEREAS, In today's global market, the region will require a full-service airport if it Is to sustain in the 21st century a vibrant economy offering attractive employment, a sound environment and an enviable quality of life; and WHEREAS, the San Diego, International Airport should be located In the geographic center of the traveling public of San Diego County, In keeping with the California Transportation Plan, and to provide the best ground access, and WHEREAS, the San Diego International Airport should be located in the geographic center of the air freight market to enhance economic visibility and dimilÛsh road congestion associated by truck traffic; and NOW, THEREFORE, the City Council of the City of Chula Vista resolves as follows: that the City of Chula Vista supports and endorses the June, 1994 Mirarnar Advisory Ballot Measure, stating, "The people of San Diego do hereby reaffirm their strong support for the continued presence of the U.S. Military in the San Diego region. However, if the U.S. Government decides to make NAS Miramar available for civilian airport use, then should all government officials cooperate to make every effort to relocate Charles A. Lindbergh International Airport to Miramar?" BE IT FURTHER RESOLVED, that the City of Chula Vista supports Miramar as the preferred site for the region's international airport and urges all neighboring cities to support and endorse the June, 1994 Mlramar Advisory BaI]ot Measure. ~,~ ______n____.'.___.._ -----------..--.-..----..-- RESOLUTION NO. ) 7ì/..$b RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ENDORSING AND SUPPORTING THE JUNE, 1994 MIRAMAR ADVISORY BALLOT MEASURE AND DESIGNATING MIRAMAR AS THE PREFERRED SITE FOR THE SAN DIEGO INTERNATIONAL AIRPORT WHEREAS, the City of San Diego, the County of San Diego, and other governmental agencies in the San Diego Region have been searching for new ways of providing better airport service for the region, and as a result of the search, the County Board of Supervisors have placed an advisory measure on the June, 1994 ballot to determine the feasibility of MIramar as the preferred site for the San Diego International Airport; and, WHEREAS, the City of San Diego, Progress Guide and General Plan for airports is to support continued designation of Lindbergh Field as an airport and to pursue aggressively the use of NAS Miramar as the region's air carrier airport if all or a major portion of NAS Miramar is no longer required for national defense; and, WHEREAS, the significant noise and safety deficiencies at Lindbergh Field including that it does not meet FAA minimum standards for lower minimum visibility approaches and that pilots are not able to use precision approach instruments when landing on the primary approach runway; and, WHEREAS, the inevitable and increasing problem of traffic congestion - both ground and air - is approaching gridlock at Lindbergh Field; and, WHEREAS, in today's global market, the region will require a full-service airport if it is to sustain in the 21st century a vibrant economy offering attractive employment, a sound environment and an enviable quality of life; and, WHEREAS, the San Diego International Airport should be located in the geographic center of the traveling public of San Diego County, in keeping with the California Transportation Plan, and to provide the best ground access; and WHEREAS, the San Diego International Airport should be located in the geographic center of the air freight market to enhance economic visibility and diminish road congestion associated by truck traffic. 1 .5«-/ / .54-J .. -.'--.-"....-. .._._._--_.."._.~--_....._~~_._-_._--- NOW, THEREFORE, BE IT FURTHER RESOLVED the City Council of the City of Chula vista does hereby support and endorse the June, 1994 Miramar Advisory Ballot Measure which states: "The people of San Diego do hereby reaffirm their strong support for the continued presence of the U. S. Military in the San Diego region. However, if the U. S. Government decides to make NAS Miramar available for civilian airport use, then should all government officials cooperate to make every effort to relocate Charles A. Lindbergh International Airport to Miramar?" BE IT FURTHER RESOLVED that the City of Chula vista supports Miramar as the preferred site for the region's international airport and urges all neighboring cities to support and endorse the June, 1994 Miramar Advisory Ballot Measure. Presented by Approved as to form by Tim Nader, Mayor Bruce M. Boogaard, City Attorney c: \rs\lIira..ar 2 5a, ., i . .~..____"__",.__._"_._·__..____._~~__m -- ! CÖ~l) 1ö -s\"a.tf to de..~\ot> o~~<:C>V'\'Ó-\e '\<?Sp5's~ ~~~L':';- '-"-""""-'-''', tl ~ss8~liTION OF ¡IU1) I MAR I 0 b~4 "~ C'JÜVERNMENTS I U, . ,,,",, - c"."","""",," March 3, 1994 , L..-.---- :' 401 B Street , Iff" ,:-" .:~ . '---: San Diego, California 92101 ". ~ C ..J'UOl¡.¡~"il'l' ,:, " "," I (619)595-5300 Fax (619)595-5305 \/n ,.\ . \ , . --~..' , ---_.,,-- nS2 u4 Hon. Tim Nader :=¡~ .& :::0 Mayor, City of Chula Vista ~a ;æ T 276 Fourth Ave. ¡:;:;~ $ 0 Chula Vista, CA 91910-2699 ~~ ~ !:!! u:C-'" < Re: Request for Approval of Amendment to 1986 County Solid Waste Manageme'ií~an ~clu~ the Proposed Flynn Rainbow Nurseries and A-I Soils Compo sting Sites ~~ if1 tn:Þ G Dear Mayor Nader: At its February 25, 1994 meeting, the San Diego Association of Governments (SANDAG), in its capacity as the Integrated Waste Management Task Force, recommended that the Cities and County approve an amendment to the 1986 Revised San Diego County Regional Solid Waste Management Plan to include two proposed green waste composting facilities. The SANDAG agenda report for this item is attached for information. State law requires that before these facilities can be sited, they must be approved by a majority of city councils that contain a majority of the region's incorporated population and the Board of Supervisors. The proposed Flynn Rainbow Nurseries composting facility is located on 250 acres in Rainbow, an unincorporated community in north San Diego County. When it is fully operational, it will divert 24,000 to 40,000 tons of green waste per year from the San Marcos landfill. The A-I Soils proposed composting facility is located on approximately 600 acres adjacent to Carroll Canyon in the City of San Diego. When this facility is fully operational, it will divert 40,000 to 50,000 tons of green waste from the San Marcos and Miramar landfills. The planned diversion of green waste would be a significant contribution to meeting the goals of the Source Reduction and Recycling Elements of the region's jurisdictions. Please contact Robert Fuller of the County of San Diego at (619) 974-2675 if you have any questions or need additional information. Sincerely, ~¡!'mff~~-r- GLORIA MCCLELLAN Chairwoman, Board of Directors W~~lnEN COMMUNICA iION:: Attachment ii' ~ o/¢'/ cc: John GoS) ) ¿;r . C-C. ;?5:. 1P- ( 1 ~~~CC~ofc=ba~~vlSø::~~~nc'"'tas, Escond'do, Impenal Beach, La Mesa, Lemon Grove, NatIonal City, Oceanside, Poway, San Diego, San Marcos, Sa~~lana Beach, VIsta, and County of San Diego ADVISORY/LIAISON MEMBERS: California Department of Transport-:nD":..¡ent of Defense, S.D, Unified Port District, and Tijuana/Baja California, "~"'_""M~"'_ _ '0"__ .__."_.._........_~.__ I ~ San Diego AssodatiOIl, of Governments ¡ BOARD OF DIRECTORS February 25, 1994 AGENDA REPORT No.: 9~-o2-1 8 Action Requested: APPROVE AMENDMENT TO 1986 SAN DIEGO COUNTY REGIONAL SOUD WASTE MANAGEMENT PLAN TO INCLUDE THE PROPOSED FLYNN RAINBOW NURSERIES AND A-I SOILS COMPOSTING SITES Introduction Flynn Rainbow Nurseries and the A-I Soils Company are seeking pennits from the California Integrated Waste Management Board (CIWMB) for green waste composting facilities. The Flynn Rainbow Nurseries facility site is located on 250 acres in Rainbow, an unincorporated community in north San Diego County. The A-I Soils facility site is located on approximately 600 acres adjacent to Carroll Canyon in Mira Mesa, a community in the City of San Diego. The attached map shows the location of the proposed facilities. These facilities would enable the recycling of green materials resulting from the separate collection of green and yard waste materials as implemented by north county cities, the unincorporated areas of the County, and the City of San Diego. SANDAG, serving as the Integrated Waste Management Task Force, is responsible for advising the County and cities on amendments to the region\¡¡ existing Solid Waste Management Plan adopted in 1986. The recommendation to amend the Plan to include these two sites has been fOlwarded to SANDAG by the County of San Diego Public Works Department. SANDAG, serving as the Task Force, is required to transmit its comments to the applicant, the County, and the cities within the County. It is RECOMMENDED that SANDAG, serving as the Integrated Waste Management Task Force: l. Recommend approval of an amendment to the 1986 Revised San Diego County Regional Solid Waste Management Plan to include the proposed Flynn Rainbow Nurseries and A-I Soils Company compo sting facility sites. fb:J .,._--" .. -...--.-----..--.-----.-.-..... .--._------- " , : 2. Forward the recommendation and the comments contained in this report to the . applicant, the County, and the cities in the region. , . Discussion The proposed composting facilities will help to ensure that the San Diego region will meet the diversion mandates of AB 939. When fully operational, the Flynn Rainbow Nurseries facility will divert between 24,000 and 40,000 tons/year of green waste material from the San Marcos landfill. The A-I Soils facility will divert 40,000 to 50,000 tons/year of green waste from the San Marcos and Miramar landfills. The proposed facilities will produce compost and horticultural mulch, both of which count towards AB 939 landfill diversion goals. The primary product currently being generated . by the landfill programs handling green waste is biofuel. Transfonnation of green waste into biofuel currently does not count towards the short-tenn (1995) diversion goals under AB 939. Both sites are located in areas with general plan and zoning designations that could allow the proposed uses. The County (Flynn Rainbow Nurseries) and City of San Diego (A-l Soils) will be responsible for land use approvals. Attachment 2 ß..y · - , I , ~ : I· 2. Forward the recommendation and the comments contained in this report to the . applicant, the County, and the cities in the region. , Discussion The proposed composting facilities will help to ensure that the San Diego region will meet the diversion mandates of AB 939. When fully operational, the Flynn Rainbow Nurseries facility will divert between 24,000 and 40,000 tons/year of green waste material from the San Marcos landfill. The A-I Soils facility will divert 40,000 to 50,000 tons/year of green waste from the San Marcos and Miramar landfills. The proposed facilities will produce compost and horticultural mulch, both of which count towards AB 939 landfill diversion goals. The primary product currently being generated by the landfill programs handling green waste is biofuel. Transfonnation of green waste into biofuel currently does not count towards the short-tenn (1995) diversion goals under AB 939. Both sites are located in areas with general plan and zoning designations that could allow the proposed uses. The County (Flynn Rainbow Nurseries) and City of San Diego (A-l Soils) will be responsible for land use approvals. Attachment 2$ ,.5 ATIACHMENT J . FLYNN RAINBOW .1 NURSERIES SITE j San Diego Region MAP AREA poway DelMar' A-1 SOILS SITE . LOCATION OF PROPOSED COMPOSTING SITES , Augual 1993 I 0 3 6 1 , , , Imperial' MILES Beach, ~ \ ~ San Diogo fb-t ASSOCIATION OF GOVERNMENTS 3 ------------.---.-.- - --~_.- - _._- .~--_._-,._------_.__.._----- ---- ---.-,..------,- - MTDB - ~ Metropolitan Transit Development Board - 1255 Imperial Avenue, Suite 1000 r" 1~1J I~. f"~, Iõ) Œ '1 ,.' I \" L, ",' San Diego, CA 92101-7490 I D r--'~-'" --",-- -" : ' (619) 231-1466 FAX (619) 234-3407 I~L)i MAR 2 ¡ 1994 . March 15, 1994 L--~- . FIN 340.1 , U'j :~.' Qs:? ~ , C'. -- i " -<-< ::u The Honorable Tim Nader c"">o ....." ~ ", Mayor ""Ç) (') City of Chula Vista ""':II: ::><:..--- ~ ", 276 Fourth Avenue uJr - Chula Vista, CA 91910-2699 o:t'·". < ,,~- :Þ ", ..,.., ..0, '0 0 -V> Dear Mayor Nader: D_ C; m)Þ '0 The Clinton Administration's budget for FY 95 proposes a reduction in transit operating assistance of 25 percent, with further reductions planned for future years. The San Diego region is already projecting a significant shortfall in transit operating funds for FY 95 and beyond, and a reduction in federal operating assistance would exasperate this situation, with the following potential impacts: 1. Efforts to implement the requirements of the Americans with Disabilities Act would be severely hampered; 2. Higher fares and reduced service may become necessary, undercutting transit operators' ability to increase ridership; 3. Lower transit ridership would result in increased traffic congestion, fuel consumption, and air pollution; and 4, Unemployment may increase, further damaging the local economy which has been severely impacted by the lingering recession. For these reasons, the San Diego Metropolitan Transit Development Board (MTDB) passed the attached resolution opposing the proposed reduction in federal transit operating assistance and sent it to the San Diego congressional delegation. In order to assist in this effort, we are requesting that your governing Board take similar action and send a copy of your correspondence to MTDB. Thank you for your support. Sincerely, WRrnEN COMMUNICAnON! - þff;i Cc' ;;-7't3~('I) A".,...", MTDB ""l,'i" No. "-1' Si)~~~ .. B :z1~-;!~) ~&n/~ Member Agencies: , '", rz:>~ 9J., , ,.I ~~ ~~ CltyofChula Vista. City of Coronado, City of EI Cajon, City of Imperial Beach, City of La Mesa. Cllyol Lemon Grove, City of National City. Ity of Poway, City San Diego, ' of Santee, County of San Diego, Stateo! California M.'ropolitan Transit Developmen, Board is Coordina'or 01 'he Metropolitan Transit System and is Regulatory Authority lor 1..1 Paratransit Admin"trat'o::.> _ / Subsidiary Corporations: I~ San Diego Transit Corporation, [tiP J San Diego Trolley, Inc. and ~i San Diego & ArIZona Eastern RaIlway Company C ~~ . r SAN DIEGO METROPOLITAN TRANSIT DEVELOPMENT BOARD RESOLUTION NO, 94-14 Resolution Oooosina a Reduction in Federal Transit Ooeratina Assistance WHEREAS, the Clinton Administration's budget for FY 95 proposes a reduction in transit operating assistance of 25 percent, with further reductions planned for future years; and WHEREAS, the San Diego region is already projecting a significant shortfall in transit operating funds for FY 95 and beyond; and WHEREAS, a reduction in federal operating assistance would add to this shortfall and may result in the following impacts: 1. efforts to implement the requirements of the Americans with Oisabilities Act and Clean Air Act would be severely hampered; 2. higher fares and reduced service may become necessary, undercutting transit operators' ability to increase ridership; 3. lower transit ridership would result in- increased traffic congestion, fuel consumption, and air pollution; and 4. unemployment may increase, further damaging the local economy which has been severely impacted by the lingering recession; NOW THEREFORE BE IT RESOLVED, that the MTD Board of Directors hereby requests that the San Diego region congressional delegation take action to strongly resist any reductions in federal transit operating assistance. PASSED AND ADOPTED, by the Board this 24th day of February 1994, by the following vote: AYES: Burns, Dalla, Haskins, LaSuer, Kehoe (for McCarty), Rindone, Roberts, Shoemaker, Vargas, Williams NAYES: None ABSENT: Bartell, Chamberlain, Emery, McCarty, Stallings fc,-J - ________u··"_ _ ~___ _ ~___ __ _ _ __ ________ ABSTAINING: None '--- / / Chai'1"lll1 '~Sán ego Metropolitan ~lopment Board Approved as to form: / FIled By: ~/~~ "'-- ~- ./ -:;~ Clerk of the Board General Counsel San Diego Metropolitan Transit San Diego Metropolitan Transit Development Board Development Board BJB:bjb:paw RES94-14. BJB 2/18/94 I HEREBY CERTIFY that the above and foregoing is a full, true and correc' coPy of a DOCUMENT of tI.~ :;8.1; Ü¡'3:J Metropolitan Transit Dev(:,~:~;-:.:·-:· r" ·'i:"d. r~ssed and ::dC1Vcd ¡,)' ,:," ;;;:'ar<1. ~ --/\-f~ Deborah Gunn, Clerk of the Board 5G'i .-...-.--..---.-...--------. ------ - -~ -~--- COUNCIL AGENDA STATEMENT Item ¿, Meeting date 4/5/94 Item Title: Resolution 17f.1tthoriZing the City Manager to prepare all necessary documents for execution of a grant agreement with the California Energy Commission, with the intent of bringing said agreement back to Council upon final apprOval and implementation of an alternative fuel retrofit program for $55,000 and an Aluminum Air battery research and development project for $50,000. Submitted bv: Barbara Bamberger, Environmental Resource Manage't-~~ Reviewed bv: City ManageJ1 t(J º~ (4/5th Vote: Yes_ No x-.J As part of the City's overall effort toward development of a comprehensive energy conservation and air quality improvement program, and consistent with the City's Environmental Agenda, the City applied for grant funding from the State of California's Energy Conservation Program. As a result, the City received a total of $105,000 to implement two energy conservation and transportation reduction programs. In order to proceed with a contract, the California Energy Commission requires a resolution which authorizes staff to proceed with contract negotiations, in accordance with the Energy Commission's grant application guidelines. This resolution will fulfil the Energy Commission's requirements. Recommendations: Approve resolution authorizing the City Manager to prepare all necessary documents for an agreement between the California Energy Commission and the City and to bring back to Council a grant agreement with the California Energy Commission for the implementation of an alternative fuel retrofit program for $55,000 and an aluminum air battery research and development program for $50,000. Board/Commission Recommendations: n/a Discussion: The following is a description of the Energy Conservation Fund's subcomponents derived from the State Energy Conservation Program grant funding: Petroleum Violation Escrow Account Grants (PVEA) Each year, the state legislates, to the extent permitted by federal law, appropriation of 1,../ ----- ._n. . ...__".-nu ..---.......-.-,., -.-.'---- funds from the federal Trust Fund to specified entities for specified projects relating to energy resources. This year, seventeen million seven hundred seventy five thousand dollars ($17,775,000) was specified to be received by the state from federal oil overcharge funds currently in the federal Petroleum Violation Escrow account. These funds consist of fines levied against the oil industry for overcharges. The City was allocated a total of $205,000 from PVEA funds this year; $100,000 for the Carbon Dioxide Urban Strategy and Greenfleets planning effort (which has already been approved by Council), $50,000 for an alternative fuel retrofit program and $55,000 for business assistance to develop an environmentally-benign "aluminum air battery" in conjunction with Science Applications International Corporation, Inc. All three of the City's PVEA programs are designed to reduce dependence on petroleum products and substantially reduce emissions to improve the City's air quality in innovative ways. The City has received funding for the following projects: Alternative Fuels Droaram #2810 $55.000 Aluminum Air batterv Droiect #2811 $50.000 subtotal: $105.000 a) Aluminum Air Battery Development Assistance $50,000 The City is working in cooperation with SAIC, Eltech Research, Kaiser Aluminum and Chemical Corp, and the Pennsylvania State University to develop an aluminum air battery that does not require electricity and is proposed to "fuel" a zero emission vehicle, setting a precedent for manufacturing non-polluting, non-gasoline modes of transportation in the State of California. Retrofitting these vehicles works toward the goal of reducing the City's contribution to smog and encouraging the development of electric vehicle components, consistent with the Border Environmental Commerce Zone planning process. b) Alternative Fuels Retrofit Program $55,000 The City proposes to substantially reduce emissions through a comprehensive retrofit program, which will provide rebate moneys to businesses within the city that retrofit their vehicles to ultra low emission or zero emission vehicles and to assist in the development of an electric van that will service the telecenter. Both contracts will be brought back to Council, and both will have a separate scope of work attached to the project's anticipated contract. Staff plans to bring both contracts, along with more detailed information, back to Council in the next few weeks. FISCAL IMPACT None at this time. Anticipated impact will include an additonal $105,000 in revenue from receipt of PVEA grant funding, which has been legislated for the specific purposes designated above. ¿'.2. . ~..._~ --, ~_.m___'·_______ RESOLUTION NO. /7J/Jr RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO PREPARE ALL NECESSARY DOCUMENTS FOR COUNCIL APPROVAL OF A GRANT AGREEMENT WITH THE CALIFORNIA ENERGY COMMISSION TO IMPLEMENT AN ALTERNATIVE FUEL RETROFIT PROGRAM FOR $55,000 AND AN ALUMINUM AIR BATTERY RESEARCH AND DEVELOPMENT PROJECT FOR $50,000 WHEREAS, as part of the City's overall effort toward development of a comprehensive energy conservation and air quality improvement program, and consistent with the City's Environmental Agenda, the City applied for grant funding from the State of California's Energy Conservation Program; and, WHEREAS, as a result, the City received a total of $105,000 to implement two energy conservation and transportation reduction program; and, WHEREAS, in order to proceed with a contract, the California Energy Commission requires a resolution which authorizes staff to proceed with contract negotiations, in accordance with the Energy Commission's grant application guidelines. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby authorize the city Manager to prepare all necessary documents for subsequent Council approval and Mayoral execution of a grant agreement with the California Energy Commission to implement an alternative fuel retrofit program for $55,000 and an Aluminum Air battery research and development project for $50,000. App' oved a 90 form by Presented by Barbara Bamberger, Environmental / ~~, ( IJ-D Bruce M. Ü ard, City Resource Manager Attorney c: \rs\CEC ¡, -;3 -,..- -~ .---,-. ...-."..--...-..----.-......^'--.. ~--------- COUNCIL AGENDA STATEMENT Item1 Meeting Date 4/5/94 17~ 19 rrEM TITLE: Resolution Amending the Graffiti Policy on Youth Sport Facilities and Structures on City Parkland SUBMfITED BY: Director of Parks and RecreatioÇ' REVIEWED BY: City Manager.jGi Þo ® (4/5tbs Vote: Yes _ No X) At the January 18, 1994 meeting, Council adopted a Graffiti Policy for Youth Sport Facilities and Structures on City Parklands, and referred two options for staff and the Youth Sports Council to consider. RECOMMENDATION: That Council amend the Graffiti Policy and adopt Option #1: BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: At the January 18, 1994 Council Meeting, Council approved and adopted a graffiti policy (Attachment A) for youth league facilities and structures on City Parkland. Council referred two options to the policy for staff and the Youth Sports Council's consideration. The options were: Option 1 - Notify the league to remove graffiti within seven days. If it is not done, the City will remove the graffiti and charge the league. This language is consistent with past council action (see Council Policy, attached). Option 2 - If the league failed to eradicate the graffiti, then there could be an abatement of some of their concession revenues for the upcoming season. FINDINGS Staff presented these options to the Youth Sports Council at their February 10, 1994 meeting. It was the consensus of Youth League representatives that Option 1 was a viable solution, and would accomplish the desired results. The representatives who have snack bar concessions were opposed to Option 2. They believe that loss of any revenues generated from the snack bar would severely impact their ability to meet their league's operating costs. The Youth Sports Council endorsed Option 1 unanimously. Therefore, the Department recommends that the language in Option 1 (which is the existing policy) remain intact with no change. FISCAL IMP ACf: If staff is required to remove graffiti, the cost will be reimbursed by a charge to the league. Attachment A - Graffiti Abatement Policy A:\JERRYlAMNDPLCY.A13[March 29, 19941 7-'/7-Z. " "~_ .___._._..__,__._...___.__..~._~~__._._..... ,._. ._,__..____'_m ,_____~______.____ RESOLUTION NO. 171/:1' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE GRAFFITI POLICY ON YOUTH SPORT FACILITIES AND STRUCTURES ON CITY PARKLAND WHEREAS, at the January 18, 1994 meeting, Council adopted a Graffiti Policy for Youth Sport Facilities and Structures on City Park lands and referred two options for staff and the Youth Sports Council to consider: option 1 - Notify the league to remove graffiti within seven days. If it is not done, the city will remove the graffiti and charge the league. The language is consistent with past council action. option 2 - If the league failed to eradicate the graffiti, then there could be an abatement of some of their concession revenues for the upcoming season. WHEREAS, it was the consensus of the Youth Sports Council at its February 10, 1994 that option 1 was a viable solution and would accomplish the desired results; and, WHEREAS, therefore, staff recommends that option 1 be incorporated into the policy. NOW, THEREFORE, BE IT FURTHER RESOLVED the City Council of the City of Chula vista does hereby amend the Graffiti Policy on youth sports facilities and structures on city parkland to add a paragraph to read: "Responsibility for Graffiti on Youth League Facilities" Youth sports leagues ("Youth Leagues") contract with the City, from time to time, for seasonal use ("Support Agreements" ) of city owned parks for the purpose of conducting seasonal sports competition, such as baseball, soccer, basketball, etc. In cooperation with such Youth Leagues, the City has permitted or tolerated the encroachment of certain league-owned facilities such as concession stands, storage facilities, backstops, etc. ("Youth League Facilities") on parks owned or operated by the City. The support Agreements require the Youth Leagues to "perform necessary repairs resulting from vandalism of booths, snack bars or other league structures." It is the policy of the city that Youth Leagues shall remove all graffiti on Youth League Facilities owned or 1 7"':1 ---~ -----" H~ .__,... --_.._,-------_._._~_._---------_._._~-_._--- operated by them within seven days of notification of a designated contact person or any officer of a Youth League. This is consistent with the city-wide policy on graffiti removal as contained in section 9.20.055 of the Municipal Code. If graffiti on Youth League facilities is not eradicated within seven working days of notification, the Director of Parks and Recreation ("Director" ) shall paint facilities immediately thereafter, account for city time and expenses in doing so, and bill the owner of the Youth League Facility. The Director is authorized to grant the Youth League a reasonable period of time within which to pay the bill. If a Youth League refuses to remove graffiti within the time frame allowed by the Director after prQper notification, or, if removed by the City, refuses to pay a bill within such time as the Director may allow, the Director shall have the authority, after exhausting reasonable efforts to obtain compliance and/or payment, to terminate their Support or other use Agreement, disallow further usage by the Youth League of city owned or operated park facilities, or remove the Youth Facility, or any or all of the foregoing. Presented by o form b ~V-~ Jess Valenzuela, Director of Bruce M. Parks and Recreation Attorney c: \ rs\graff1 . pol 2 '/·1 .' --. -,----,-_._-,....~.._-~_._..__.._._,----,_._-_..,,_.,._--.._..-..~-~._~- Attachment A-I ( COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: Graffiti Eradication POLICY EFFECTIVE NUMBER DATE PAGE 1 of 2 ADOPTED BY: I DATED: PURPOSE To establish a policy and procedure for eradicating graffiti in a timely manner on Cily Par~s and Recreation facilities. POLICY To remove graffiti on City Par~s and Recreation facilities within a time period of seven days afler reported. SCOPE OF RESPONSIBILITY . The Cily has four Departments that are responsible for the removal/ painting of graffili within 7 \\or~ing dal s. The areas of responsibility for each unit are: ( a. PARK MAINTENANCE DIVISION: responsible for removal/ painling of graiilll on all par' amenities, par~ hardscape areas and par~ restrooms. Contacl: Par~s Division b. CONSTRUCTION AND REPArR: responsible for painling over graffiti on all Cill buildings including all recreation buildings. Contact: Construction and Repair c. PUBLIC WORKS: responsible (or removal/painting of graffiti on all public streelS. side\\ ¡¡lks, drainage culverts, Open Space areas, etc. Contact Person: Public Wor~s . Traffic Palnling d. POLICE DEPARTMENT: A Graffiti Removal Unit comprised of court referrals \\ ill painl oul any Slructure, public or private when requested. ConlaCI Person: Graiiili Program PROCEDURE All Parks and Recreation employees have the responsibility 10 report any graffiti on Cit, Par~s and Recreilllon facilities to their immediate supervisor as soon as it is discovered. In addition to Par~s and Recreation facililles. it shall be this Department's responsibility to remove graffiti on curbs and side\\al~s adjacent to PM'S and Recreation facilities. a. Staff shall complete a Graffiti Report (R·1112), with all the relevant information. b. Staff shall submit copies of the graffiti report to .their immediate supervisor for diSposition. If graffiti has not been eradicated within 7 wor~ing days by the responsible department, resubmit form R·1112 and write "2nd Notice". . ( ?.,f --'--~----------""-'------~-'-'----'---~'----'-~'---'----.--.- - COUNCIL POLICY Attachment A-2 CITY OF CHUIÄ VISTA SUBJECI': Graffiti Eradication Policy POLICY EFFECI1VE NUMBER DATE PAGE 2 of 2 ADOPTED BY: I DATED: Once the forms have been submitted to a Parks and Recreation supervisor, the supervisor shall contact the appropriate Department as specified under Scope of Responsibilities. RESPONSmILITY FOR GRAFFITI ON YOUTH LEAGUE FACILITIES . Youth sports leagues ("Youth Leagues") contract with the City, from time to time, for seasonal use ("Support Agreements") of city owned parks for the purpose of conducting seasonal sports competition, such as baseball, soccer, basketball, etc. In cooperation with such Youth Leagues, the City has permitted or tolerated the encroachment of certain league- owned facilities such as concession stands, storage facilities, backstops, etc. ("Youth League Facilities") on parks owned or operated by the City. The Support Agreements require the Youth Leagues to "perform necessary repairs resulting from vandalism of booths, snack bars or other league structures." It is the policy of the City that Youth Leagues shall remove all graffiti on Youth League Facilities owned or operated by them within seven days of notification of a designated contact person or any officer of a Youth League. This is consistent with the city-wide policy on graffiti removal as contained in Section 9.20.055 of the Municipal Code. If graffiti on Youth League facilities is not eradicated within seven working days of notification, the Director of Parks and Recreation ("Director") shall paint facilities immediately thereafter, account for city time and expenses in doing so, and bill the owner of the Youth League Facility. The Director is authorized to grant the You!\1 League a reasonable period of time within which to pay the bill. If a Youth League refuses to remove graffiti within the time frame allowed by the Director after proper notification, or, if removed by the City, refuses to pay a bill within such time as the Director may allow, the Director shall have the authority, after exhausting reasonable efforts to obtain compliance and/or payment, to terminate their Support or other use Agreement, disallow further usage by the Youth League of city owned or operated park facilities, or remove the Youth Facility, or any or all of the foregoing. A:\JERRY\GRFm.93 7-¿' . . "_+___"."._n._"'._____...._ .__....____._.___.._______._________________._ COUNCIL AGENDA STATEMENT Item r Meeting Date 4/5/94 ITEM TITLE: Resolution 17'1l/g Authorizing the City Engineer to file applications with the California Office of Traffic Safety (OTS) for federal grant to purchase and install (I) an Emergency Vehicle Traffic Signal Pre-emption Control System and (2) a Computerized Accident Record Retrieval System SUBMITTED BY: OIT"'" of P,bli, W~~ rrI Fire ChiefJí&f REVIEWED BY: City Manager0~ "O} (4/5ths Vote: Yes_NoX) The City of Chula Vista has received a invitation from the California Office of Traffic Safety (OTS) to participate in a statewide federal grant fund traffic safety improvement program. Staff has identified two traffic safety projects that qualify under this grant program; a) Emergency Vehicle Traffic Signal Pre-emption Control System and b) Computerized Accident Record Retrieval System. RECOMMENDATION: That Council approve the resolution authorizing the City Engineer to submit two grant applications to the California Office of Traffic Safety for an Emergency Vehicle Traffic Signal Pre-emption Control System and Computerized Accident Record Retrieval System. BOARDS/COMMISSION RECOMMENDATION: Not applicable. DISCUSSION: EMERGENCY VEHICLE TRAFFIC SIGNAL PRE-EMPTION CONTROL SYSTEM A traffic signal pre-emption control system enables emergency units to move uninterrupted through signalized intersections by directing the traffic signal controller via an electronic device, called a phase selector, to advance to and/or hold a green light in the direction of the oncoming emergency vehicles. The traffic signal pre-emption system consists of four (4) units: an optical emitter mounted on the emergency vehicles, optical detectors at the signalized intersection, optical detector cables, and a phase selector placed inside the traffic controller. An emergency vehicle traffic signal pre-emption system will enable emergency vehicles to change downstream red signals to green or maintain the green light, thereby allowing the emergency vehicles to maintain a safer progression through signalized intersections without the potential of right angle conflicts from cross traffic which now is the case. When the pre-emption system triggers the signal to turn green, it disrupts the signal cycle, but the signal will return to synchronization with the computerized system within three cycles. The use of pre-emption signals will improve emergency vehicle response time and reduce the risk of accidents at signalized intersections. According to the local representative for 3M Company, y../ -.' ._--_._~_.._-_._~.-..,._.__._-,-----_._._.._--_..--,..--.------.-------- Page 2, Item r Meeting Date 4/5/94 a manufacturer of a traffic signal pre-emption system, the system is used very effectively by the City of National City, City of San Diego, and the County of San Diego and every city in the County except Coronado and Chula Vista. There are currently 124 signalized intersections within the City. Of these intersections, three (3) have already been equipped with a signal pre-emption control system as part of a program paid for the Bonita Fire Protection District along Bonita Road and 7 intersections recently constructed with the pre-emption system as part of the signal. It is estimated that the total cost to purchase and install a emergency vehicle traffic signals system for all 114 signalized intersections in the City to be about $996,000. The proposed application covers Phases I and II of the total funding. The Phase I grant is for $505,000 which will cover the construction drawing and specification preparation costs, the installation of the emitters on City fire trucks, and the purchase and installation of the Emergency Vehicle Traffic Signal Pre-emption Control System in 57 intersections. The Phase II grant is for $491,000 and will cover the purchase and installation of the EVPC in the remaining 57 intersections. COMPUTERIZED ACCIDENT RECORD RETRIEVAL SYSTEM The Computerized Accident Record Retrieval System provides staff with an automated accident retrieval process. The System is capable of providing visual displays of critical accident locations, descriptions of accident types related to signal operations, stop control, roadway configurations, and isolating accidents by category. The Computerized Accident Record Retrieval System will be interfaced with the City Geographic Information System to enable a cross reference of the City's street network and infrastructure data base. The implementation of this system is expected to significantly reduce staff time now devoted toward maintaining our accident record file. The cost to implement the Computerized Accident Record Retrieval System is estimated to be $61,500. This Federal grant has $11 million available statewide for projects from all local agencies. The application deadline is April 30, 1994. The decision on which projects will be approved under the grant will be made by the end of summer and the money will be available at the beginning of the Federal fiscal year on October I, 1994. FISCAL IMPACT: None to the City. The grant provides up to 100% financing. The total cost of the two grants is estimated to be $1,057,500. ZAO:SBlFile: CY ·050 F:engineer\agcnda\OTSAPP ~~ .. ,.. --.-.--..... .-..------- - ,~-------_._--- RESOLUTION NO. /71./ I/o RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY ENGINEER TO FILE APPLICATIONS WITH THE CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS) FOR FEDERAL GRANT TO PURCHASE AND INSTALL (1) EMERGENCY VEHICLE TRAFFIC SIGNAL PRE-EMPTION CONTROL SYSTEM AND (2) A COMPUTERIZED ACCIDENT RECORD RETRIEVAL SYSTEM WHEREAS, the City of Chu1a vista has received a invitation from the California Office of Traffic Safety (OTS) to participate in a statewide federal grant fund traffic safety improvement program; and, WHEREAS, staff has identified two traffic safety projects that qualify under this grant program: (1) Emergency Vehicle Traffic Signal Pre-emption Control System which will enable emergency units to move uninterrupted through signalized intersections by directing the traffic signal controller via an electronic device, called a phase selector, to advance to and/or hold a green light in the direction of the oncoming emergency vehicles, and (2) A Computerized Accident Record Retrieval System which will provide staff with an automated accident retrieval process. NOW, THEREFORE, BE IT FURTHER RESOLVED the city Council of the city of Chula vista does hereby authorize the city Engineer to file applications with the California Office of Traffic Safety for federal grant to purchase and install an Emergency Vehicle Traffic Signal Pre-emption Control sYs..tem and a }mputerized Accident Record Retrieval system. ~ preeented by .~~ ~~ ~~ John P. Lippitt, Director of ~Bruce M. Booga d, Public Works Attorney C:\rs\otsapp 8'" J __ >_n_._____ .........__ ~__..~_______..._m___·_~_ COUNCIL AGENDA STATEMENT 9 Item Meeting Date 4/5/94 ITEM TITLE: Resolution I ') '1'1/ Approving submission of FY 1994-95 Transportation Development Act (TDA) Article 4.5 Claim for HandYtrans operation SUBMITTED BY: Director of Public Works ~ REVIEWED BY: City ManagerJ~ ~ ~') (4/5ths Vote: Yes_No..x.) The City of Chula Vista's FY 1994-95 TDA Article 4.5 Claim to support HandYtrans operation was submitted to SANDAG and MTDB on April 1, 1994, as required by State law. (Because the TDA guidelines and funding apportionment are not issued by SANDAG until the second week in March, Transit staff does not have time to prepare the claim and obtain Council approval prior to the April 1 submission date; however, an amendment to the claim after submission may be made by direction of Council). The claim consists of the following funding sources: $152,766 in TDA Article 4.5 funds; $22,194 in TransNet (Transit) funds; $62,000 in projected fare revenue; and $1,000 in projected investment earnings. RECOMMENDATION: That Council approve submission of the FY 1994-95 TDA Article 4.5 claim. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The following is a breakdown of estimated HandYtrans operating costs and funding sources in FY 1994-95 based on the preliminary budget request: ESTIMATED COST Contractual Services $232,000 Other Supplies and Services $5,960 Total Cost $237,960 ESTIMATED FUNDING SOURCES IDA Article 4.5 Funds $152,766 TransNet Funds $22,194 Fare Revenue $62,000 Investment Earnings $1,000 Total Revenue $237,960 In the San Diego region, MTDB and SANDAG have designated the TDA Article 4.5 funded systems (like HandYtrans) as Complementary Paratransit Services under the Americans with 9.../ _ _ .___.._..._..'__..'_' ..__'_M..__·______,______··__·_~ Page 2, Item 1 Meeting Date 4/5/94 Disabilities Act (ADA). Under the ADA, by January 1997, paratransit service must be provided to ADA certified persons who cannot ride, or access, fixed-route transit systems, such as CVT in Chula Vista. Both MIDB and SANDAG are developing jointly a regional implementation plan for Complementary Paratransit Service. This plan should be completed by Fa1l1994; staff will report to Council on the plan at that time. FISCAL IMPACT: Proposed HandYtrans operation for FY 1994-95 is funded by the following sources: IDA Article 4.5 funds; TransNet funds; fare revenue; and investment earnings. WMGlFile: DT-OOS WPC F:\HOM:Ðæ.NGINEER\Bll.LG\l779.94 9,.2 _._~M._.__." ,._.___~~..,___" --- - ------_..~-""-~.--_.._--,-- --,.------ RESOLUTION NO. /71/'11 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUBMISSION OF FY 1994-95 TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 4.5 CLAIM FOR HANDYTRANS OPERATION WHEREAS, the City of Chula vista's FY 1994-95 TDA Article 4.5 Claim to support HandY trans operation was submitted to SANDAG and MTDB on April 1, 1994 as required by state law; and WHEREAS, the claim consists of $152,766 in TDA Article 4.5 funds; $22,194 in TransNet funds; $62,000 in fare revenue; and $1,000 in investment earnings. NOW, THEREFORE, BE IT RESOLVED that the city Council of the City of Chula vista does hereby approve submission of FY 1994- 95 Transportation Development Act HandY trans operation. Presented by /~u, ~ John P. Lippitt, Director of ruce M. Boogaard, Public Works Attorney c: \rs\4.5 TDA 9".] __._...."_..........___ ..·o··_._··.____o··__·.···_····_... __________ COUNCIL AGENDA STATEMENT Item / Q Meeting Date 4/5/94 ITEM TITLE: Resolution /7'1'¥J. Approving submission of FY 1994-95 Transportation Development Act (TDA) Article 4.0 Claim SUBMITTED BY: Director of Public Works r REVIEWED BY: City ManagerJ~ 'ëí~ (4/5ths Vote: Yes_No..K) The FY 1994-95 Claim for IDA Article 4.0 funds to support Chula Vista Transit (CVT) operations and capital procurements was submitted to SANDAG and MTDB on April 1, 1994, as required by State law. (Because the IDA guidelines and funding apportionments are not issued by SANDAG until the first week in March, Transit staff does not have adequate time to prepare the claim for approval by Council prior to the April 1 submission date; however, an amendment to the claim may be made after submission to SANDAG and MTDB by direction of Council). The total claim is in the amount of $2,466,700, consisting of $2,367,149 claimed against the City of Chula Vista's TDA funds and $99,551 claimed against the County of San Diego's TDA funds. RECOMMENDATION: That Council adopt resolution approving the FY 1994-95 IDA Article 4.0 claim. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The FY 1994-95 IDA 4.0 Claim consists of the following components: City of Chula Vista County of San Diego IDA Account IDA Account Total Operations $1,854,449 $99,551 $1,954,000 Capital 512,700 0 512,700 Total $2,367,149 $99,551 $2,466,700 The $99,551 from the County's TDA account is for CVT service in the unincorporated areas provided by Routes 705 and 711. The $2,367,149 is for the balance of CVT operating and capital costs claimed against the City of Chula Vista's IDA funds as contained in the preliminary FY 1994-95 Transit Division budget request. This claim, including prior year's unallocated funds, wi11leave a balance in the Chula Vista TDA account of $2,839,615. The City's unclaimed funds may be used for future capital and operating expenditures. /ð·j ~___ ~___....___ .__~_._.._ __,._.,___"_,_ _.._'..' _~___..~__. ___..___ __.____.__m.._ Page 2, ItemJ () Meeting Date 4/5/94 Following is a breakdown of estimated Transit Division costs and revenue sources for FY 1994- 95. &timated Costs: Contractual Service for CVT Operation $2,409,200 Other Supplies & Services 859,800 Capital Outlay 512,700 Bayfront Station Maintenance 23,000 Total Estimated Costs $3,804,700 &timated Revenue Sources: Fare Revenue $1,300,000 TDA Article 4.0 Funds 2,466,700 Investment Earnings 38,000 Total Revenue Sources $3,804,700 The claim is based on estimated costs and revenues for FY 1994-95, and may be modified due to: changes in the proposed FY 1994-95 Transit Division budget; and a difference between actual and estimated costs and revenues in FY 1994-95. FISCAL IMPACT: The FY 1994-95 TDA Article 4.0 claim contains no City of Chu1a Vista General Fund contribution. Transit Division operating and capital costs are funded by City of Chu1a Vista TDA Article 4.0 funds, County of San Diego Article 4.0 funds, farebox revenue and investment earnings. This claim, including prior year's unallocated funds, will leave a balance in the City of Chu1a Vista's TDA account in the amount of $2,839,615. WMOfFi1e: DS-022 WPC F:\HOMB\ENOINBER\BILL\17S2.94 I () .. ,;.. , -_._-, --.--..-.... - .-.----".-. ------- .__.,..-~.._-- RESOLUTION NO. /'JIIl!,; RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING SUBMISSION OF FY 1994- 95 TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 4.0 CLAIM WHEREAS, the FY 1994-95 Claim for TDA Article 4.0 funds to support Chula vista Transit (CVT) operations and capital procurements was submitted to SANDAG and MTDB on April 1, 1994, as required by State law; and WHEREAS, the total claim is $2,466,700, consisting of $2,367,149 claimed against the City of Chula vista's TDA funds and $99,551 claimed against the county of San Diego's TDA funds. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby authorize submission of FY '" H' Tran.portation Development AC~iCle '9. Clar. in the amount. / ( / / Preoented by £ lO\' = by( John P. Lippitt, Director of Bruce M. Boog Public Works Attorney C:\rs\TDA 4.0 Clai. IIJ-J __ _ __.__.d._..__'._.~..'_ -.- -.....---... ,_.~_.._~~..._,,_..,----_.,._--,----,,_.._.,.,---,----_., ,--_..~ '-'-'---- COUNCIL AGENDA STATEMENT Item II Meeting Date 4/5/94 ITEM TITLE: Resolution I 7'1'1 J Approving agreement between County of San Diego and City of Chula Vista for public transportation services for FY 1994-95 SUBMITTED BY: on- of ""b1k w)r REVIEWED BY: City ManageJ;.j~ ~ ~ (4/5ths Vote: Yes_No...K..) This agreement authorizes the City of Chula Vista to claim $99,551 in County of San Diego Transportation Development Act (TDA) Article 4.0 funds for provision of Chula Vista Transit (CVT) service in the unincorporated area of the County. RECOMMENDATION: That Council adopt resolution approving agreement. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: This agreement authorizes the City of Chula Vista to claim $99,551 in County IDA Article 4.0 funds for CVT service provided by Routes 705 and 711 in the unincorporated area during FY 1994-95. The estimated net cost (gross operating cost minus revenue credit) for CVT service in the County next fiscal year is $99,551. This agreement estimates a gross CVT cost per mile of $2.77, estimated 67,700 passengers, and total revenue credit of $39,266 (based on $0.58 per passenger). FISCAL IMPACT: This agreement will authorize the City of Chula Vista to claim $99,551 of County of San Diego TDA Article 4.0 funds for CVT service in FY 1994-95. WMG:FiJe DS-027 WPC F:\HOME'ENGINEER\Bll.LG\1770.94 1/"/ __n._ _____ n. _____...___.._.__.____..___.. ___.'0.._._..-,-.-..----.----------..-.---- RESOLUTION NO. I 'J'I¿f..1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN COUNTY OF SAN DIEGO AND CITY OF CHULA VISTA FOR PUBLIC TRANSPORTATION SERVICES FOR FY 1994-95, AND AUTHORIZING MAYOR TO EXECUTE SAME WHEREAS, this agreement authorizes the City of Chula vista to claim $99,551 in County TDA Article 4.0 funds for CVT service provided by Routes 705 and 711 in the unincorporated area during FY 1994-95; and, . WHEREAS, the estimated net cost (gross operating cost minus revenue credit) for CVT service in the County next fiscal year is $99,551; and, WHEREAS, this agreement estimates a gross CVT cost per mile of $2.77, estimated 67,700 passengers, and total revenue credit of $39,266 (based on $0.58 per passenger). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby approve an Agreement between the County of San Diego and the City of Chula vista for Public Transportation Services for FY 1994-95, a copy of which is on file in the office of the City Clerk as Document No. (to be completed by the City Clerk in the final document). BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized and di~:r cted to execute said Agreement for and on behalf of the City/.f ChUlÿiata. ~ I Presented by ~rP~ ed as ~ form~ (~d John P. Lippitt, Director of Bruce M. Boo Public Works Attorney c: IRSI TDMO.AGM , ~. 1/; ;¡ --~--~_._-'---- .-,,--.,,--_._- - ..---....,.-...-,-, ----.....---- ~- -----.-----.-. AGREEMENT BETWEEN COUNTY OF SAN DIEGO AND THE CITY OF CHULA VISTA FOR PUBLIC TRANSPORTATION SERVICES FOR FY 1994·95 TIllS AGREEMENT is entered into by and between the County of San Diego hereinafter called "COUNTY" and the City of Chula Vista, hereinafter called "OPERATOR". RECITALS WHEREAS, COUNTY is desirous of providing public transit service to areas within the jurisdiction of the COUNTY; and WHEREAS, the City of Chula Vista is the OPERATOR of Chula Vista Transit; and WHEREAS, OPERA TOR has the knowledge and expertise to provide the service desired by the COUNTY; and WHEREAS, COUNTY recognizes the value of the service to be provided by OPERATOR to its citizens and is willing to contract with OPERA TOR to provide transportation service within the unincorporated area of the COUNTY; and WHEREAS, Public Utilities Code, Section 99288, authorizes COUNTY and OPERATOR to enter into a contract for OPERA TOR to provide such public transportation service for the benefit of the COUNTY and pennitting OPERA TOR, when such contract is entered into, to claim for local transportation purposes, from the Local Transportation Fund, the apportionment of the COUNTY or so much thereof as may be agreed upon, in the manner provided in Article 4 (commencing at Section 99260) of the Mills-A1quist-Deddeh Act (Ch. 4, PI. 11, Div. 10 of the Public Utilities Code); NOW, TIIEREFORE, COUNTY and OPERA TOR mutually agree as follows: Public Transportation SeJvices Agreement /1-;1 Page 1 F~II1¡\l77l.94 -_.~ -- -~._.~--..*_..---.,.-...--..-.-,..-~.-..-.-.-.---.----.'---...- - ~------_._-_..._.- 1. PUBLIC 1RANSPORT A TION 1.1. Public Transportation Services to be Provided OPERA TOR shall provide public transportation services for the benefit of residents of and visitors to COUNTY, upon those routes, during those times, and at the level of service specified in Exhibit A. 1.2. Passenger Counts OPERATOR shall perform at least once annually, a one-day count of passengers boarding and departing the services provided under this Agreement. The number of counts and specific methods of counting will be determined by the OPERA TOR, upon consultation with the COUNTY, and in conjunction with the regional transit passenger counting program, where practicable. A report summarizing the results of the count will be submitted to the COUNTY. 2. TERM OF AGREEMENT 2.1. Base Term The term of this Agreement is from July 1, 1994 through June 30, 1995, unless terminated earlier as provided herein. 3. COMPENSATION FOR SERVICES 3.1. Claim - OPERATOR may, without further authorization, include in any claim filed with the Local Transportation Planning Agency of San Diego County under the provisions of Article 4 (commencing with Section 99260) of the Mills-Alquist-Deddeh Act (Ch. 4, Pt. 11, Div. 10 of the Public Utilities Code), an amount up to but not exceeding $99,551 of the apportionment to the unincOI}>orated area of the COUNTY for FY 1994-95. 3.2. Service Actuallv Performed - OPERA TOR shall be compensated for service provided under this Agreement. If OPERATOR perfonns only a portion of the services described in Exhibit A of this Agreement, OPERA TOR shall be paid an amount equal to the unit of service actually provided. 3.3. It is estimated that in FY 1994-95 OPERATOR shall be compensated based on the estimated net operating cost for services as described in Exhibit A. 3.3.1. If COUNTY and OPERA TOR agree to change the level or type of service provided for in this Agreement, or there is a change in the level of service provided by OPERATOR due to strike, civil disaster or other public calamity, COUNTY and OPERATOR shall negotiate a mutually agreeable cost rate for the specific additional or reduced service provided. Public Transportation Services Agreement I/-Il Page 2 P~U8\l771·94 - -- "- ,.-...-..----.-.-.--,.---.------.--- . .,.----,----..- 3.3.2. OPERATOR shall revise and update Exhibit A annually. The level of public transit service and the rate(s) for service shall be provided by OPERATOR to COUNTY for approval at least 90 calendar days prior to the beginning of any fiscal year covered by this Agreement. 3.4. Periodic Pavments - OPERA TOR shall be compensated by periodic payments in advance ftom the San Diego Association of Governments (SANDAG), the Local Transportation Planning Agency of San Diego County. 3.5. H the amount allocated to OPERA TOR by the Local Transportation Planning Agency is insufficient to meet the cost of services as described in Exhibit A, OPERA TOR shall immediately notify COUNTY. In that event, COUNTY agrees that this Agreement shall be amended to reduce the services provided or to pay OPERA TOR from other sources the amount necessary to meet the cost of services as described in Exhibits A and B. 4. INSURANCE 4.1. OPERA TOR, through its Agreement with its contractor, shall produce the following insurance, which may contain self insurance retentions: 4.1.1. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount of $10,000,000 naming the COUNTY and its employees and officers as additional insureds. This coverage shall include Comprehensive General Liability Insurance including contractual liability, and personal injury liability. 4.2. On or before July 1, 1994, OPERATOR shall provide COUNTY a complete copy of OPERATOR's contractor's Certificate of Insurance indicating that the insurance required above has been obtained. OPERA TOR shall give COUNTY 30 calendar days written notice of cancellation or material change required by the insurance company in the insurance coverage required by this Agreement. 4.3. Occurrence means any event or related exposure to conditions which results in bodily injury or property damage. 4.4. Neither OPERA TOR nor its contractors shall cancel or materially change any of the required insurance coverages. 5. AUDIT 5.1. At any time during normal business hours and as often as COUNTY may deem necessary, OPERA TOR shall make available to COUNTY for examination all of its records with respect to all matters covered by this Agreement, shall pernút COUNTY to audit, examine and make excerpts of transcripts of such records, and shall pernút COUNTY to perform audit procedures as deemed necessary with respect to all invoices, payrolls, equipment, materials, and other data relating to matters covered by this Agreement. Public Transportation Setvices Agreement ) / :,., C" Page 3 P_._'GIUs\l77I.94 ---------_...,..._-_._--~_...~------ 6. INDEMNITY 6.1. Except as may be provided otherwise in the Agreement, OPERA TOR shall investigate, indemnify, defend and hold hamùess the COUNTY, its officers, agents and employees from any and all claims, demands, loss or liability of any kind or nature whether real or alleged which COUNTY, its officers, agents and employees may sustain or incur, or which may be imposed upon any kind of or for any acts or omissions by OPERA TOR, its officers, agents or employees hereunder. 7. WHEN RIGHTS AND REMEDIES NOT WAIVED In no event shall any payment by the Local Transportation Planning Agency as provided herein constitute or be construed to be a waiver by COUNTY of any breach of conditions or any default which may then exist The existence of any such breach or default shall in no way impair or prejudice any right or remedy available to COUNTY with respect to such breach or default 8. INTEGRA TED DOCUMENT 8.1. This document, including Exhibit A embodies the entire Agreement between COUNTY and OPERA TOR for the transportation service described herein and the tenns and conditions. No verbal agreements or conversation with any officer, agent or employee of COUNTY prior to the execution of this Agreement shall affect or modify any of the tenns or obligations contained in any documents comprising this Agreement. No such verbal agreement shall bind COUNTY. 8.2. This Agreement may be changed only by a written amendment signed by both parties. 9. SEVERABILITY OF PROVISIONS If any provisions of this Agreement are held to be invalid, the remainder of this Agreement shall not be affected, provided the remainder confonns to the tenns and requirements of applicable law. 10. TERMINATION 10.1. COUNTY may terminate this Agreement at any time for reasonable cause, defmed as the failure by OPERA TOR to substantially perfonn in accordance with the tennS and conditions of this Agreement, by giving written notice to OPERA TOR of such termination and specifying the effective date thereof, at least 90 days before the effective date of such termination. OPERA TOR may terminate this Agreement at any time for failure by COUNTY to substantially perfonn in accordance with the tenns and conditions of this Agreement by giving written notice to COUNTY of such termination and specifying the effective date thereof, at least 90 days before the effective date of such tennination. Public Transportation Services Agreement I/"~ Page 4 P-,-W¡\l77I.94 . ----_._..._-_._~-----------_._--_.--_.,--_.~---- 10.2. During the time between the written notice of tennination and the effective date of tennination, both parties shall work toward remedying the cause or reasons for the intent to tenninate. If COUNTY tenninates this Agreement without cause, COUNTY shall pay all settlement costs, claims and attorneys arising out of such tennination. 11. INDEPENDENT CONTRAcrOR For purpose of this Agreement, OPERATOR is an independent contractor, and no employee of OPERATOR is, for purposes of this Agreement, an employee of COUNTY. 12. BUS STOPS 12.1. Specific bus stops shall be established by agreement with COUNTY. 13. REPRESENTATIVES OF CITY 13.1. The County's Director of Public Works or designated representatives shall represent COUNTY in all matters pertaining to this Agreement and shall administer this Agreement on behalf of the COUNTY. 14. EOUAL OPPORTUNITY AND AFFIRMATIVE ACTION 14.1. In perlonning under this Agreement, OPERA TOR and COUNTY shall not discriminate against any employee or applicant for employment because of race, creed, color, sex, or national origin. This perlonnance shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment advertising, layoff or tennination, rates of payor other fonns of compensation, and selection for training, including apprenticeship. 15. NOTICE 15.1. All notices and communications with respect to this Agreement shall be effective upon mailing thereof by registered or certified mail (return receipt requested) and addressed as follows: OPERATOR COUNTY City of Chula Vista County Dept. of Public Works 707 "F' Street 9335 Hazard Way, Suite 104, MS 0386 Chula Vista, CA 91910 San Diego, CA 92123 AnN: Bill Gustafson, Transit AnN: Larry Watt, Principal Transportation Coordinator Specialist Public Transportation Services Agreement /1-7 PageS ~illß\l771.9oI - .------_.__...,_._.__._~..._- .__......._._._-------_.._---~..__._------_. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective representatives thereunto duly authorized on this _ day of .1994. :-ztt CITY OF CHULA VISTA By, City Attorney Mayor Attest City Clerk APPROVED AS TO FORM COUNfY OF SAN DIEGO By, By, County Counsel Clerk of the Board of Supervisors Public Transportation Services Agreement /I~'!' Page 6 P--....._ill¡\l77I.94 -.. -------.--.----.-- ------..----...--.-.-.- EXIDBIT A SERVICE AND COST SUMMARY FISCAL YEAR 1994·95 COUNTY OF SAN DIEGO BUS SERVICE CHULA VISTA TRANSIT Gross Cost @ Projected Revenue Credit @ Route Miles $2.77 Mile Passengers $0.58/Passenger Net Cost 705 22,343 $61,890 37,700 $21,866 $40,024 711 26,060 $72,186 30,000 $17,400 $54,786 Subtotal IDA Subsidy: $94,810 5% Administrative Pass-Through Oaim: $4,741 TOTAL IDA AMOUNT: $99,551 Route Descriotion Route 705: Enter County on Bonita Road, eastbound, at the intersection of Bonita Road and Lynnwood Drive to the Chula Vista City limit line at the eastern boundary of Glen Abbey Cemetery on Bonita Road. The inbound trip follows the same route in the opposite direction. Route 711: From Plaza Bonita, enter County at the intersection of Plaza Bonita Road and Bonita Mesa Road, east of Bonita Mesa Road, north of Mesa Vista Road, east on Sweetwater Road, south on Willow and to the Chula Vista City limit line. Re- enter County on Bonita Road about one-fourth mile east of Otay Lakes Road, turn northeast on Central Avenue, south on Corral Canyon Road, and enter Chula Vista City limit at a point approximately 400 feet north of County Vista Lane. The inbound trip follows the same route in the opposite direction. WPC F:lHOME\l!NGlNEER\Bn.LG\Im.94 //.q ~ " "'. ~., -.'-.. . .,. ...--. ...._~~ - , '·_.._H..._...·,. ..___.__....,._...._"" EXHIBIT B ROUTE ANALYSIS ANNUAL MILEAGE FY 1994-95 Roundtrip No. of No. of Route Total Gross Cost @ Route No. Miles Trips Days Mileage Mileage $2.77/Mile 705: Weekdays 2.67 26 257 17,841 Saturdays 2.67 18 52 2,499 Sundays 2.67 15 50 2,003 22,343 $61,890 711: Weekdays 7.8 13 257 26,060 26,060 $72,186 TOTALS $134,076 PROJECTED RIDERSHIP AND REVENUE Revenue Credit @ Route Passengers $0.58/Passenger 705 37,700 $21,866 711 30,000 $17,400 TOTAL 67,700 $39,266 WI'C F~OMElENOJNEaNlIU.G\lm.94 //"'11/ ...-.---.,,- -_..,,----,_._.--_..._.__.,-.-._"_._._-_.-_..._--._--~----. ,-~~~ , COUNCIL AGENDA STATEMENT Item 1,,2 Meeting Date 4/5/94 ITEM TITLE: Resolution /7"'11/- Authorizing the execution of two easements as requested by the San Diego Gas & Electric Company (SDG&E) for the purpose of installing underground facilities and appurtenances adjacent to Eucalyptus Park and within Utility Undergrounding District No. 122, along Fourth Avenue SUBMITTED BY: D_ of PobI;c ']i.JI ~ REVIEWED BY: City Managei..4 ~ /t (4/5ths Vote: Yes_No X) BACKGROUND: On June 30, 1992, the City Council approved Resolution 16683 establishing Utility Undergrounding District No. 122, along Fourth Avenue from "E" Street to a point approximately 100 feet south of State Highway 54. SDG&E has requested two easements along Fourth Avenue, just south of "C" Street (Exhibit A) in order to install and maintain a pad mounted switch and three transformers behind the sidewalk. RECOMMENDATION: Approve the resolution as stated above. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The two easements are located at the northeast and southeast comers of the City-owned property currently occupied by Eucalyptus Park and the YMCA. In order to underground the overhead utilities, SDG&E must place certain facilities (transformers and a pad mounted switch) behind the sidewalk along Fourth Avenue. The transformers are approximately 46 in. long, 48 in. wide and 30 in. high. The pad mounted switch is approximately 116 in. long, 52 in. wide and 48 in. high. The subject facilities fall behind the sidewalk and outside public right-of-way which requires that the City provide the necessary easement as requested by SDG&E. The Parks and Recreation Department has reviewed the easement documents and approved their granting to SDG&E. FISCAL IMPACT: None. MIlIFile: A Y -087 WPC F:Ih....\eQgmoerlag.....\1725.94 /.2./ __~'_d _._------~.._... --"__-_-0-"._"'- ___.._..~____ --.." RESOLUTION NO. /71/tJ£/ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE EXECUTION OF TWO EASEMENTS AS REQUESTED BY THE SAN DIEGO GAS & ELECTRIC COMPANY (SDG&E) FOR THE PURPOSE OF INSTALLING UNDERGROUND FACILITIES AND APPURTENANCES ADJACENT TO EUCALYPTUS PARK AND WITHIN UTILITY UNDERGROUNDING DISTRICT NO. 122, ALONG FOURTH AVENUE WHEREAS, on June 30, 1992, the city Council approved Resolution 16683 establishing utility Undergrounding District No. 122, along Fourth Avenue from "E" Street to a point approximately 100 feet south of State Highway 54; and, WHEREAS, SDG&E has requested two easements along Fourth Avenue, just south of "C" Street in order to install and maintain a pad mounted switch and three transformers behind the sidewalk. NOW, THEREFORE, BE IT RESOLVED the city Council of the ci ty of Chula vista does hereby authorize the execution of two easements as requested by the San Diego Gas & Electric Company (SDG&E) for the purpose of installing underground facilities and "ppurten"nces "d'"cent to Euc"l¥ptns P=k "nd ;;z"n Utility Undergrounding District No. 122, along Fourth Aven , //) z· Presented by ~A~ove to /À ~ John P. Lippitt, Director of t Bruce M. Public Works Attorney ( c: \rs\SDGE.eas /3."')' / 1~-3 _n '___~,_.,_,."._·___.m_ _ . ,'__,,_,_., .__.... ._.. 0' '. n__, _ ~.._.____._..___.._.._. --rrM~rmeu. , ~ /:;.--:; ------- --_._-----~-_._._------_. Recording Requested by SAN DIEGO GAS & ELECTRIC COMPANY When Recorded Mall to: SDG&E, P.O. Box 1831 San Diego, CA 92112 A TIN: Land Services, EB - 5 SPACE ABOVE FOR RECORDER'S USE Transfer Tax None SAN DIEGO GAS & ELECTRIC COMPANY EASEMENT CITY OF CHULA VISTA, a Municipal Corporation, (Grantor), grants to SAN DIEGO GAS & ELECTRIC COMPANY, a corporation (Grantee), easements and rights of way In, upon, over, under and across the lands hereinafter described, to erect, construct, change the size of, Improve, reconstruct, relocate, repair, maintain and use facll~les consisting of: 1. Underground facil~les and appurtenances for the transmission and distribution of electricity. The above facil~ies will be installed at such locations and elevations upon, along, over and under the hereinafter described easements as Grantee may now or hereafter deem convenient or necessary. Grantee also has the right of ingress and egress, to, from and along these easements In, upon, over and across the hereinafter described lands. Grantee further has the right, but not the duty to clear and keep these easements clear from explosives, buildings, structures and materials. The property In which these easements and rights of way are hereby granted are s~uated in lhe County of San Diego, State of California, described as follows: Parcel 1 of Parcel Map No. 4619, filed April 5, 1976 at File No. 76-099346 In the Office of the County Recorder of said County of San Diego. The easements In the aforesaid lands shall be more particular1y described as follows in Parcel "A" and Parcel "B": PARCEL "A" A strip of land 10.00 feet In width, being 5.00 feet measured at right angles, on each side of the following described center line, commencing at a 2" I.P. wfT&D "City Engineer RCE 15828" marking the Northwest corner of said Parcel 1, said Northwest corner bears South 71° 18' 00" West (1213.58 rec calc) (1213.83 meas calc) from a 2" I.P. wfT&D "City Engineer RCE 15828"; thence North 75° 40' 33" East, 1242.19 feet to the TRUE POINT OF BEGINNING of the center line herein described; thence North 20° 49' 29" West, 52.47 feet; thence North 35° 40' 27" West, 50 feet more or less to the Northerly line of said Parcel 1. ALSO: EXCEPTING THEREFROM, any portion of the above described easement lying within the dedicated streets known as "C" Street and Fourth Avenue. -1- /.)-1/ 81-o236-S Rev. 1 ,--.-----.-- --..-.-.-- -.- --.-......--...---- PARCEL "B": The Easte~y 10.00 feet of the Southe~y 10.00 feet of Lot 15 of the Northeast Quarter of Quarter Section 150 of Chula Vista, according to Map thereof No. 505, filed in the Office of the County Recorder of said County of San Diego, within said Parcel 1 of Parcel Map No. 4619. SDG&E shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and agarnst all claims for damages, liability, cost and expense (Including but not limited to attorney's fees) arising out of the conduct of SDG&E, or any agent or employee, subcontractors, or others In connection with the execution of the work covered by this easement, except those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. SDG&E's Indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, SDG&E at its own expense shall, upon written request by the City, defend any suit or action brought against the City, its officers, agents, or employees arising out of the conduct of SDG&E, or any agent or employee, subcontractor, or others in connection with the execution of the work covered by this easement, except those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. SDG&E's indemnification of City shall not be limited by any prior or subsequent declaration by SDG&E. Grantor shall at all times indemnify and save harmless Grantee against, any pay in full, all loss, damage or expense that Grantee may sustain, incur or become liable for, resulting in any manner from Grantor's sole negligent conduct within the easement, Including (a) loss of or damage to property and (b) Injury to or death of persons, excepting any loss, damage or expense and claims for loss, damage or expense resulting In any manner from the negligent act or acts of the Grantee, its contractors. officers, agents or employees. Grantor shall not erect, place or construct, nor permit to be erected, placed or constructed, any building or other structure, plant any tree, drill or dig any well, within these easements. Grantor shall not Increase or decrease the ground surface elevations within these easements after installation of Grantee's facilities, without prior written consent of Grantee, which consent shall not unreasonably be withheld. Grantee shall have the right but not the duty, to trim or remove trees and brush along or adjacent to these easements and remove roots from within these easements whenever Grantee deems it necessary. Said right shall not relieve Grantor of the duty as owner to trim or remove trees and brush to prevent danger or hazard to property or persons. CONDUITS CARRY HIGH VOLTAGE ELECTRICAL CONDUCTORS, therefore Grantor shall not make or allow any excavation or fill to be made within these easements WITHOUT FIRST NOTIFYING SAN DIEGO GAS & ELECTRIC COMPANY BY CALLING 696-2000, and OBTAINING PERMISSION. These easements shall be binding upon and Inure to the benefit of successors, heirs, executors, administrators, permittees, licensees, agents or assigns of Grantor and Grantee. -2- /.2? 81-0236-S Rev. 1 ~.- _._~_._.__._.._.- .,.__.__n__'._'_ __"0 ,_____..___._...__._____ __.__ IN WITNESS WHEREOF, Grantor executed this instrument this _ day of 19 CITY OF CHULA VISTA, a Municipal Corporation BY: BY: Drawn SNYDER Checked Sketch F-1276 Date 11-16-93 Project No. 210548-010 Const. No. 2464440 A.P. No. 565-120-03 -3- /,,2'& 81-o236-S Rev. 1 -~,~_._~-~-,.__._- EXHIBIT · A · ,.,.------ -- <D BASIS OF BEARINGS PER PM 4619 // '\" N 71'16'00" E 1213.56' ¡REC),' <ID \ 1213.63' MEAS.) I 1 \ ~ HANDHOlE\ ø N 75'40'33" E 1242.19' (CAlC'd): 0'\ -\0 @ TRAN~PAD\ (3) N 20'49'29" W 31.13' I \... <5>a¡ TRAN~pJ \ ..- \' @ N 20'49'29" W 21.34' \..-Ø-"-" I \ DETAil,' <5> N 20'49'29" W 52.47' " ill NO SCALE " " ~ , / <ID N 35'40'27 W 50'! ',------,,' ~ - I I \ -- ~ -----", --- .... £f ----', -~ ~£ -------- ~ Sf _-.ø-- SEE DETAlt _------ PARCEL "A" ,_------ _\ -\,Ô ..----- \ 0 --- y 46'~9 ® PH 12 4-5-76 ,:". '76-0.9.9346 ill \ 0'\ -\6 .... NE -J/4 OF ?-,SEC. -150 . ~ 505 \...0'\ -v-\ . THIS PtAT MAP WAS PREPARED BY ME OR . . "UNDER .,., DIRECTION IN CONFORMANCE WITH ~ SURYEYORS '\ ON DILt" "7 . _ ro. r' I.P. W/TI<D ·CITY Pr1T~ Ai ...-1b"Þ~.b_ ~ENCINEER RCE 1582!t' PETER Y. TKACHUK L$. ""4 PER PM 4619. FLUSH, " GOOD CONDo UNDERGROUND ELECTRIC SAN DIEGO GAS & ELECTRIC KDNALLI AN F RN A /\/ 1(1 210548-010 4th AVENUE 20A: TRENCH 2464440 4th AVE. AT "C' STREET CHULA VISTA F-1726 NO. SUPPLEMENTS DATE' IY APP'D 1 ADDED 10'.10' Sool<E £SM'T I< CHANCED LOT UNE TYPE WITHIN PARCEL 1, PM 4619. 12-7-1 C.R.M. A.B.S. = /.). . 7 ....._,-.. .'_'___m__.__.____.,.__....__,_. __ _ __..._.___..m_~_.__~___.____ COUNCIL AGENDA STATEMENT Item I:J Meeting Date 4/5/94 ITEM TITLE: Public Hearing: Local Consjstency Checklist for the Regional Growth Management Strategy and Congestion Management Program Resolution J 7 Ÿf.("ansmitting the Local Consistency Checklist for the Regional Growth Management Strategy to SANDAG SUBMITTED BY: D¡=W~_~' REVIEWED BY: City Manager,jl\ V1v0 f~ ~\ (4/5ths Vote: Yes _No .10 BACKGROUND: On May 5, 1992, the City Council adopted the Regional Growth Management Strategy (RGMS), which was prepared by SANDAG and its member agencies in response to voter approval of Proposition "C", the County's Advisory Measure on Growth Management (1988). The RGMS takes a quality of life approach to growth management, and contains standards and objectives and recommended actions for nine Quality of Life Factors: air quality, transportation/congestion management, water, sewage disposal, sensitive lands preservation and open space protection, solid waste/hazardous waste management and housing. The RGMS also includes an annual "self-certification" process for local and regional agencies to determine their consistency with the Strategy's recommended actions. Attached is the City's completed consistency checklist for Calendar Year 1993. RECOMMENDATION: That Council approve the attached Resolution transmitting the local Consistency Checklist for the Regional Growth Management Strategy to SANDAG. BOARDS/COMMISSIONS RECOMMENDATION: None DISCUSSION: A Negative Declaration was prepared by SANDAG for the Draft Regional Growth Management Strategy in accordance with CEQA. The checklist does not require any environmental review. The attached "self-certification" checklist was prepared by SANDAG to be used by local and regional governmental agencies to evaluate consistency of their general and community plans, policies, regulations and ordinances with the Regional Growth Management Strategy. Compliance with the standards contained in the RGMS is not mandatory; however, participating jurisdictions and agencies have made a commitment to achieve consistency over a period of time. 1]-/ _. _-0 . ,,'..____ ____.__..____..._._~...__._.~_..._..._._~...____ ,.______,_.__...._ Page 2, Item !J Meeting Date 4/5/94 Where an agency is unable to take the actions necessary to achieve consistency within the designated time frame, it is requested to notify SANDAG in its next consistency review, and indicate how and when it will achieve consistency. Achieving the standards and objectives is the goal of the Strategy and will serve as the primary measure of the Strategy's success. This consistency review covers Calendar Year 1993, and represents the City's second status report to SANDAG since adopting the Strategy. Chula Vista is in substantial compliance with a majority of the checklist items. There are four main items on the checklist in which the City of Chula Vista has not yet fully complied. Each of these items is discussed below. 1. Regional Trip Reduction Program - (Ordinance and Trip Reduction Targets) To date, the San Diego County Air Pollution Control District (APCD) has not adopted the Regional Trip Reduction Program or related regulations for inclusion into the Regional Congestion Management Program (CMP) and local agency implementation. Therefore, the City has not developed a local trip reduction program at this time. However, as you are aware, the City has been active in the development and implementation of several programs that reduce congestion and improve air quality (i.e., City employee car pools, telecommuting, Green Fleets program, alternative fuel vehicles, etc.). While we feel that these types of programs are consistent with the intent of the Regional Growth Management Strategy, it is the intent of City staff to evaluate the need for an overall Trip Reduction Program, or participation in a Regional Trip Reduction Program, as soon as specific guidelines and regulations are adopted on a regional basis. 2. Water Reclamation/Xeriscape Ordinance - The Planning Department has been working with the Parks and Recreation Department and City Attorney's office to prepare a Citywide Landscape Manual, which incorporates both the Planning Department's landscape manual for private development projects, and the Parks and Recreation Department's landscape manual for public projects (open space areas, parks, and median landscaping.) The target date set for the Planning Commission meeting for review of this revised Manual is April 13, with a Council hearing date expected in May. Council adoption of the Revised Landscape Manual will bring the City into conformance with the State requirement for water conservation planning (AB 325), as well as meeting the requirements of the Regional Growth Management Strategy. 3. Agricultural and Rural Lands Preservation - The Chula Vista General Plan does not currently contain any policies for the permanent preservation of agricultural lands within the City, as these uses are generally considered interim uses until such time as urban development, as specified by the General Plan, is appropriate. However, the City has recently (October, 1993) adopted policies dealing with the interim management of agricultural lands within the General Development Plan (GDP) for the 1.:1·.1. ---..-. -- - --~---_._.- .+.n_.__________+·___·___.____·__·__.___·____ ___._____~~____.."_.._ Page 3, Item D Meeting Date 4/5/94 23,000 acre Otay Ranch. The GDP includes a Resource Management Plan (RMP) aimed at resource protection, including policies recognizing the further evaluation of important agricultural soils, and the interim use of agriculture areas during project buildout. The County of San Diego jointly adopted this Plan and considers the RMP to be the functional equivalent of the County's Resource Protection Ordinance (RPO), recognized as a model resource protection ordinance by SANDAG. 4. Floodplain Protection and Wetlands Preservation Ordinance - One element of the Regional Growth Management Strategy, the Definition of Regionally Significant Open Space, sets forth specific recommendations for local regulation of floodplains and wetlands. The intent of these recommendations is to establish a common regulatory approach among local jurisdictions when developing resource protection ordinances, or when this is not possible, a more consistent approach. Each agency is asked to detennine the specific ordinances that are necessary to carry out this element for sensitive lands protection within their jurisdiction. The City of Chula Vista has made efforts to preserve and protect both sensitive lands and open space through policies in its General Plan and regulations in its Municipal Code and Subdivision Manual. In addition, the City's local California Environmental Quality Act (CEQA) procedures are used in evaluating and protecting wetlands and sensitive habitat areas located within the City. Also, at the regional level, the City has adopted the Focused Planning Area for the Otay Regional Park Plan, and is actively involved in this parks and open space planning process. However, the City does not presently have ordinances containing the specific defmitions and regulatory content included in the Definition of Regionally Significant Open Space. It is the intent of Planning Department and Public Works Department to do a further evaluation of the SANDAG policies regarding floodplains and wetlands during the next three months, and detennine whether any new ordinances or ordinance amendments are required. Once this evaluation is completed, staff will return to City Council with a report on this matter, and if further work is required, staff will include it in our FY 1994-95 work program. FISCAL IMPACT: Not applicable. Attachment: LocallRegional Consistency Checklist (f: \home\planning\rgms 1993 . a13) IJ,;1 . '.-.-.--- -.-.----...---.--'"-- .. ..__._._---_..__.~_.__...._--._.__._--_._- RESOLUTION NO. J ? 'III$" RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TRANSMITTING THE LOCAL CONSISTENCY CHECKLIST FOR THE REGIONAL GROWTH MANAGEMENT STRATEGY TO SANDAG WHEREAS, Proposition C, as an advisory ballot measure, was approved by the voters in November 1988 and called for the establishment of a Regional Planning and Growth Management Review Board and the preparation of a Regional Growth Management Strategy; and WHEREAS, SANDAG, serving as the Regional Planning and Growth Management Review Board, prepared the Regional Growth Management Strategy; and WHEREAS, the City of Chula of Chula Vista considered and adopted the Regional Growth Management Strategy on May 5, 1992; and Whereas, the Regional Growth Management Strategy includes an annual self-certification process to ensure consistency between the Strategy's Recommended Actions and the relevant plans, policies and ordinances of local jurisdictions and regional agencies; and WHEREAS, the City of Chula Vista has completed the Consistency Checklist which provides a status report for Calendar Year 1993 regarding the consistency of its relevant plans, policies and ordinances with the Strategy's Recommended Actions, and information regarding the region's progress towards achieving the Quality of Life Standards and Objectives; and WHEREAS, the City of Chula Vista has held a public hearing on the Consistency Checklist on May 5, 1994 and adopted a self-certification resolution. NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista hereby transmits the completed Consistency Checklist and self-certification resolution to the Regional Planning and Growth Management Review Board, and intends to attempt to take the actions identified therein to achieve consistency with the Strategy. Presented by Approved as to form by J2 <l~ Il i ~ Robert A. Leiter Bruce M. Boogaard Director of Planning City Attorney (f: \home\planning\rgms1993 .res) 1;1-'( ,.... ----.-.,--. ~.".__._._-"---_.".__._-_.._---_.__'_-- ---- WCAL/REGIONAL CONSISTENCY CHECKLIST FOR THE REGIONAL GROWTH MANAGEMENT STRATEGY AND CONGESTION MANAGEMENT PROGRAM Agency/Jurisdiction: City of Chula Vista Date of Public Hearing: April 5, 1994 Date Submitted: Contact Person: Lance T. Fry Telephone: (691) 691-5201 printed March 25. 1994 - /J.> ~--'------'~-"-''''--''---'----'''-'-'---''--''-'~'~--''--.....-.--.--.-.- AIR QUALITY AND TRANSPORTATION/CONGESTION MANAGEMENT Regional Trip Reduction Program *1. Has the Regional Trip Reduction Ordinance, or an equivalent ordinance, been adopted? Note: The Congestion Management Program (CMP) statutes require that each city and the County adopt and implement a Trip Reduction Ordinance. Yes No X Not Applicable To date, APCD has yet to adopt the Regional Trip Reduction Program or related regulations for inclusion into the CMP and local agency implementation. However, the City of Chula Vista has been active in the development and implementation of several trip reduction programs that reduce congestion and improve air quality. Some of the programs identified in last year's checklist include City employee car pools, mixed use development, and the establishment of specific design guidelines that support alternative travel modes, including walking, bicycle and public transit. Trip reduction programs that have been developed since the City's initial checklist submittal include the development of 1) a van pool program for businesses ($50,000 grant received), 2) a Satellite Work Center or Telecenter ($279,000 grant received), 3) a telecommuting program of which 75 employees (10% of City personnel) currently participate in at this time, and 4) offering employees flexible work schedules through compensatory time, part-time work, flexible scheduling, and staggered work hours- all of which are designed to reduce commuter traffic during peak hours travel. The City is also implementing an alternative fuels vehicle program. In addition, the City and has been selected as one of twelve in the nation to participate in the development of a carbon dioxide (CO» reduction demonstration program. This program, also known as "Green Fleets- Reducing Urban Transportation Energy" Program, is sponsored by the International Council of Local Environmental Initiatives (ICLEI). The Green Fleets Program is part II of a larger lO-year effort to design and implement CO2 reduction strategies in major urban areas around the world. The primary objective of this program is to reduce greenhouse gases through strategic energy conservation planning efforts. 2. Has your jurisdiction achieved the regional trip reduction targets contained in the Trip Reduction Ordinance? Yes X No Not Applicable Please see response No.1 above. (*) An asterisk indicates an updated response to last year's consistency checklist. 13-1, - ._,_._~.,._.. ,-------.,--.--.-...,---,--.'.-------.- Responses - RGMS Consistency Checklist 3/17/1994 Transportation Capacity Expansion to Help Provide Alternatives to Driving Alone/Transit Performance Standards *1. Are the High Occupancy Vehicle (HOV) lanes shown in the current Regional Transportation Plan (RTP) along local streets and roads in your jurisdiction shown in your General Plan/Community Plan(s)? Note: This currently applies only to National City and the City of San Diego. Yes No Not Applicable X Since adoption of the original submittal in January 1992, the "Other" category which previously followed "No" in the Consistency Checklist has been deleted from all sections of the 1993 Consistency Checklist. This item was changed from "other" to "NA." 2. Does your General/Community Plan(s) identify existing and proposed bicycle facilities and coordinate with other bicycle facility projects included in the current RTP and Regional Transportation Improvement Program? Yes X No Not Applicable If compliance has been previously achieved and documented, enter the year in which it was reported to SANDAG, and include any new information, if applicable. Year 1/1993 3. List the total number of miles of bicycle facilities by type (Class 1 Bike Path, Class 2 Bike Lane and Class 3 Bike Route) that have been built in your jurisdiction and the number built during the last year. Miles Added Total Miles Last Yr. '93 Class I Bike Path 0.7 0.0 Class II Bike Lane 30.5 0.0 Class III Bike Route 6.5 0.0 -2- /:1·7 ____H"___... ,---_.._.~.__.__._---_._._..._--._-~..._._~_._---_. ._.--------,-,._---~-- Responses - RGMS Consistency Checklist 3/17/1994 4. How many park-and-ride spaces are located within your jurisdiction, and how many additional spaces were provided last year? There are 25 park-and-ride spaces at one location. There were no additional spaces added last year. Land Use Actions/Level of Service Standards for Arterials and Freeways 1. Are the traffic level of service objectives contained in your General/ Community Plan(s) equal to or better than those specified in the Strategy, i.e., LOS "D" for the freeways and the Regional Arterial System identified in the 1990 RTP? Yes X No Not Applicable If compliance has been previously achieved and documented, enter the year in which it was reported to SANDAG, and include any new information, if applicable. Year 1/1993 2. Has a traffic forecast been prepared based on the land uses and circulation system contained in the General/Community Planes)? Yes X No Not Applicable If compliance has been previously achieved and documented, enter the year in which it was reported to SANDAG, and include any new information, if applicable. Year 1/1993 3. Do your traffic forecasts make use of a SANDAG-approved traffic forecasting model and incorporate SANDAG's Regional Growth Forecasts as a uniform benchmark for population and land use data? Note: This is a requirement of the CMP statutes. Yes X No Not Applicable If compliance has been previously achieved and documented, enter the year in which it was reported to SANDAG, and include any new information, if applicable. Year 1/1993 -3- /'J...ý ..... ----- ----..- - -..---..-...-,.... '.---'---', Responses - RGMS Consistency Checklist 3/17/1994 4. Is the projected future level of service on the regional arterial system routes consistent with the level of service objective "D" in the Strategy? NOTE: If a roadway will not be able to meet the Strategy's regional level of service objectives for specific reasons such as preservation of landscaping, inadequate room to widen, or other overriding considerations, these exceptions should be explained. Yes X No Not Applicable If compliance has been previously achieved and documented, enter the year in which it was reported to SANDAG, and include any new information, if applicable. Year 1/1993 5. Does your jurisdiction have a program(s) to achieve the traffic level of service objectives identified in the Strategy? Yes X No Not Applicable If compliance has been previously achieved and documented, enter the year in which it was reported to SANDAG, and include any new information, if applicable. Year 111993 6. Has your agency adopted and implemented a process to evaluate and mitigate the traffic impacts of large projects on the regional transportation system, including the level of service standards and objectives of the CMP and Strategy? (The definition of a "large" project as described in the CMP is any project that upon its completion would be expected to generate either an equivalent of 2,400 or more average daily trips or 200 or more peak hour vehicle trips.) Note: The CMP statutes require that each city and the County adopt and implement a program to analyze the impacts of land use decisions, including mitigation costs, on the regional transportation system. Yes X No Not Applicable If compliance has been previously achieved and documented, enter the year in which it was reported to SANDAG, and include any new information, if applicable. Year 111993 -4- 13 --~ -_."~.._.__._._._.__..,- - -.._._--_.._--_.~..__._._-_..~-_.__._---~-'-,.._._,._.,.-',.. Responses - RGMS Consistency Checklist 3/17/1994 7. Does the process include the traffic impacts on all freeways and the regional arterial system affected by the project (including arterials and freeways in adjacent jurisdictions)? Yes X No Not Applicable If compliance has been previously achieved and documented, enter the year in which it was reported to SANDAG, and include any new infonnation, if applicable. Year 1/1993 8. Does the process consider existing and future planned land uses, and reasonably foreseen projects within the jurisdiction, and adjoining jurisdictions? Yes X No Not Applicable If compliance has been previously achieved and documented, enter the year in which it was reported to SANDAG, and include any new infonnation, if applicable. Year 1/1993 9. Does your agency prepare and adopt CMP Deficiency Plans for any state highway or CMP principal arterials within your jurisdiction that are forecast to fall below the CMP traffic level of service standards? Note: The development and adoption of Deficiency Plans is a requirement of the CMP statutes. Yes X No Not Applicable If compliance has been previously achieved and documented, enter the year in which it was reported to SANDAG, and include any new infonnation, if applicable. Year 1/1993 -5- 1;1-/0 "._'"_,.._..._..______~.____~_.._..__..m_ ..___._._..______~_.___ Responses - RGMS Consistency Checklist 3/17/1994 *10. Is the existing traffic level of service on the regional arterial system routes in your jurisdiction consistent with the Strategy's level of service objective of LOS "D"? Note: If a roadway does not meet the Strategy's regional level of service objectives for specific reasons such as preservation of landscaping, inadequate room to widen, or other overrid- ing considerations, these exceptions should be explained. Yes X No Not Applicable If compliance has been previously achieved and documented, enter the year in which it was reported to SANDAG, and include any new information, if applicable. Year 1/1993 In regards to last year's response concerning the intersection of "H" Street and Hilltop Drive having the potential to exceed the City's traffic threshold standards, the City of Chula Vista has completed road widening improvements at this intersection and has improved traffic flow by adding an additional N-S turn lane to "H" Street. Transportation System Management 1. Is there a plan in place to optimize the traffic signals in your jurisdiction to improve traffic flow through a centralized traffic control system? Yes X No Not Applicable If compliance has been previously achieved and documented, enter the year in which it was reported to SANDAG, and include any new information, if applicable. Year 1/1993 2. What is the status of the traffic signal optimization plan? In operation. -6- 13-/ / --.-.'''- ...~...,-_._.._.- ".m'''.___'__'' ._....__.____._ _,_._."_+_-"_"_ __.'__.__,..__'____n_'_'___._______ _______~_ Responses - RGMS Consistency Checklist 3/17/1994 WATER (Water Supply) *1. Has a water reclamation ordinance based on the County Water Authority's model ordinance been adopted? Yes No X Not Applicable The City of Chula Vista requires as a condition of Tentative Subdivision Map approval the installation of dual piping for future reclaimed water use. The Draft Revised Landscape Manual, which will go before the Chula Vista Planning Commission on April 13, 1994, and to the City Council in May, 1994, also establishes the requirement for reclaimed water use when available (see response No.2 below). Staff has reviewed the regulatory provisions of each Ordinance as well as the water management plan requirements contained in the Landscape Manual. Based on this review staff has determined that the Landscape Manual and its implementing Ordinance will bring the City into compliance with the Strategy requirements once the Manual is adopted by Council. *2. Has the State Department of Water Resources model xeriscape ordinance, or an equivalent ordinance, been adopted for all new construction? (This also applies to landscaping for single-family residential units installed by developers prior to occupancy.) Yes No X Not Applicable Pursuant to AB 325 (California Water Conservation Landscaping Act) which requires cities and counties to adopt a Water Efficient Landscape Ordinance, the Planning Department has prepared amendments to the City Landscape Manual and Municipal Code to implement the water conservation measures, as required by State law. In addition, the Parks and Recreation Department has subsequently updated its landscape manual for public projects, and the two manuals have been merged into a single document, in order to simplify the administration of these regulations. City staff, in reviewing the water conservation and management requirements in both the Model Xeriscape Ordinance and with the Model Water Reclamation -7- 1;-/.1- -....--.--.----. - .-.._- --. ..__.._.._---_._.._~-- Responses - RGMS Consistency Checklist 3/17/1994 Ordinance, has determined that the draft revised Landscape Manual fully meets the intent of each ordinance, in accordance with AB 325, and is consistent with the Regional Growth Management Strategy recommendations. This revised Manual is scheduled to go before the Chula Vista Planning Commission on April 13, 1994, and to the City Council in May, 1994. 3. Have your local plumbing requirements been amended to be in compliance with the minimum state requirements for water conservation? Yes X No Not Applicable If compliance has been previously achieved and documented, enter the year in which it was reported to SANDAG, and include any new information, if applicable. Year 1/1993 4. Has an ordinance been adopted to ensure that a sufficient supply of water is available for development dependent on groundwater and that groundwater supplies will not be overdrafted? (This question applies only to those jurisdictions with development that is dependent on groundwater.) Yes No Not Applicable X Not applicable; not groundwater dependent. *5. Have the Best Management Practices (water conservation and demand management programs and projects) contained in the CWA's Water Resources Plan been implemented? Yes X No Not Applicable The City of Chula Vista is not a water purveyor; however, it is working with the San Diego Water Authority, Sweetwater Authority, and Otay Municipal Water District to implement best management practices, as stated within the Chula Vista Municipal Code, Sec. 19.09, Growth Management Ordinance. -8- /3-1:1 ..".._.--_..__..._--_._.._.~ . .-.-... ----_.__...~_._._- Responses - RGMS Consistency Checklist 3/17/1994 The City currently requires at the time of Sectional Planning Area (SPA) Plan submittal that the project proponent submit a Water Conservation Plan to offset increases in water use associated with the project. Various on-site conservation measures include low flow toilets and shower heads, faucets aerators and hot water pipe installations. Outdoor/landscaping conservation measures include efficient irrigation systems, moisture sensors, low water use landscaping, installation of reclaimed water irrigation lines and water conserving practices during grading and construction. In addition, local developers have participated in the financing and siting of regional water delivery systems and tenninal storage facilities to help meet future demands. SEW AGE TREATMENT *1. Does your jurisdiction have guaranteed sewage treatment capacity, or does it contract with another agency for capacity, prior to approving development projects. Yes X No Not Applicable If compliance has been previously achieved and documented, enter the year in which it was reported to SANDAG, and include any new infonnation, if applicable. Year 1/1993 The City has guaranteed treatment capacity with the City of San Diego for 19.2 mgd but currently uses only 12 mgd of its allocation. SENSITIVE LANDS AND OPEN SPACE PRESERVATION AND PROTECTION 1. Have ordinances been adopted that are consistent with the recommendations contained in the Strategy's Definition of Regionally Significant Open Space for: a. Steep slopes? Yes X No Not Applicable -9- /;i,li -- -_.------"~.._-,...._.._-_. -.-- Responses - RGMS Consistency Checklist 3/17/1994 If compliance has been previously achieved and documented, enter the year in which it was reported to SANDAG, and include any new information, if applicable. Year 1/1993 "b. Floodplains? Yes - NoX Other_ "c. Wetlands? Yes - NoX Other_ The City has made efforts to preserve and protect both sensitive lands and open space through policies in its General Plan and regulations in its Municipal Code and Subdivision Manual. In addition, the City's local CEQA review procedures are also used in evaluating and protecting wetland and sensitive habitat areas located within the City. On a regional level, the City is actively involved in the Otay Regional Park planning process. However, the City presently does not have ordinances contain the specific definitions and regulatory content as specified in the Strategy's Definition of Regionally Significant Open Space. It is the intent of the Planning Department and Public Works Department to do a further evaluation of the SANDAG policies regarding floodplains and wetlands during the next three months, and determine whether any new ordinances or amendments are required. Once this evaluation is completed, staff will return to City Council with a report on this matter, and if further work is required, staff will include it with the Planning Department's FY 1994-95 work program. 2. Are actions being taken to acquire lands within your jurisdiction designated in your General/Community Plan(s) for regional parks? Yes X No Not Applicable If compliance has been previously achieved and documented, enter the year in which it was reported to SANDAG, and include any new information, if applicable. Year 1/1993 -10- 1:1'1.>' _·.'~'__~n_·._·_______·_·___··_·~__·_·_·__'___··___·_____ Responses - RGMS Consistency Checklist 3/17/1994 3. How many acres of regional open space parks exist in your jurisdiction in accordance with the Definition of Regionally Significant Open Space? (Please list parks and acreage) . Approximately 62 acres of the Sweetwater Regional Park/Rohr Park are located within the city's jurisdiction. The proposed Otay Valley Regional Park, as defmed by the Resource Enhancement Plan study area boundaries below, includes approximately 1584 acres of privately owned land potentially available for regional park purposes of which approximately half is located in the City of Chula Vista. 4. Are actions being taken to encourage the preservation of agricultural uses and rural lands? Yes No X Not Applicable The Chula Vista General Plan does not currently contain any policies for the permanent preservation of agricultural lands within the City, as these uses are generally considered interim uses until such time as urban development, as specified by the General Plan, is appropriate. However, the City has recently (October, 1993) adopted policies dealing with the interim management of agricultural lands within the General Development Plan (GDP) for the 23,000 acre Otay Ranch. The GDP includes a Resource Management Plan (RMP) aimed at resource protection, including policies recognizing the further evaluation of important agricultural soils, and the interim use of agriculture areas during project buildout. The County of San Diego jointly adopted this Plan and considers the RMP to be the functional equivalent of the County's Resource Protection Ordinance (RPO), recognized as a model resource protection ordinance by SANDAG. *5. List the current and proposed funding sources/programs being used to acquire/protect sensitive lands, and regional parks and open space. In planning for the Otay Valley Regional Park, the City of Chula Vista received an $88,000 grant from the California Coastal Conservancy to prepare a Resource Enhancement Plan (REP) for an area from the Bay to approximately 1-805. The study area was later extended to the eastern reach of Otay Valley Road. The Coastal Conservancy subsequently authorized funding through a Joint Exercise of -11- IY"/t, - '-"'-~"-'--------~-"--""--'--""''''- .----',. Responses - RGMS Consistency Checklist 3/17/1994 Powers Agreement (JEP A) between the City and County of San Diego and the City of Chula Vista in the amount of $1.5 million dollars towards the acquisition and enhancement of several priority wetland parcels of land as identified in the REP. Since responding to last year's consistency checklist, approximately 79 acres of sensitive wetland habitat has been acquired, most of which is located in the City of San Diego, with very little money remaining from the original grant. *6. Have coastal jurisdictions incorporated the following three objectives from the Shoreline Preservation Strategy into their Local Coastal plans. The objectives can be modified by each jurisdiction to reflect its participation in a cooperative, region-wide program. a. Manage the region's shoreline to provide envirolllllental quality, recreation and property protection. b. Develop and carry out a cost-effective combination of shoreline management tactics that will have a positive impact on the region's economy. c. Develop a program to pay for the shoreline management strategy which equitably allocates costs throughout the region, and among local, state and federal sources. Yes No Not Applicable X SOLID WASTE MANAGEMENT 1. Has a Source Reduction and Recycling Element been adopted to achieve the 25 percent reduction in 1995, and 50 percent reduction in 2000 goals of AB 939 as a part of the county's Integrated Waste Management Plan? Yes X No Not Applicable If compliance has been previously achieved and documented, enter the year in which it was reported to SANDAG, and include any new information, if applicable. Year 1/1993 -12- 13"/ / ->-------..------, .,_.-...._..,-_._----,._~_.__._.__....._.- Responses - RGMS Consistency Checklist 3/17/1994 *2. Estimate the percentage of solid waste diverted last year. The percentage of solid waste diverted was approximately 8%-9%. However, the City has recently implemented an aggressive residential green waste collection program and multi-family recycling program. In addition, the City has just received a grant allowing the City to provide recycling technical assistance to a substantial number of offices and restaurants. Reliable estimates of diversion by these programs will not be measurable for three to six months. 3. Has a Household Hazardous Waste Element which meets the requirements of AB 939 been adopted? Yes X No Not Applicable If compliance has been previously achieved and documented, enter the year in which it was reported to SANDAG, and include any new information, if applicable. Year 1/1993 *4. Estimate the percentage of Household Hazardous Waste diverted last year. Approximately 1-2%. Note: The City has completed the implementation of a Household Hazardous Waste Educational Awareness Project which was funded through a $25,050 grant from the California Integrated Waste Management Board, Household Hazardous Waste Division. The City relies on the County of San Diego and Greenfield Environmental (APTEC) for statistical reports regarding household hazardous waste collection and diversion. The awareness project is expected to increase diversion of household hazardous waste; however, the impacts of this project will not be measurable for six to twelve months. 5. Have any permanent Household Hazardous Waste collection facilities been located in your jurisdiction? Yes X No Not Applicable -13- 1;1- IY ~'. ...-.- .~ --.--,^-.-------..- _______..._.__n'···______ Responses - RGMS Consistency Checklist 3/17/1994 If compliance has been previously achieved and documented, enter the year in which it was reported to SANDAG, and include any new infonnation, if applicable. Year 1/1993 Greenfield Environmental, Appropriate Technologies, Inc. (APTEC II) *6. Has the Siting Element for solid waste disposal facilities required by AB 939 been approved? (The Siting Element is required to be approved by the County of San Diego and a majority of the cities by the beginning of 1994.) Yes No X Not Applicable The State has not completed or distributed the [mal draft regulations. Staff from the City Manager's Office who sit on the Siting Element Technical Advisory Committee (T AC) have been working with representatives from other jurisdictions and the County of San Diego to develop a draft Siting Element for solid waste disposal facilities. On March 3, 1994, the TAC also held a workshop to consider the establishment of a Non-Disposal Facility Element. HAZARDOUS WASTE MANAGEMENT 1. Has the San Diego County Hazardous Waste Management Plan or an equivalent been adopted as required by state law? Yes X No Not Applicable If compliance has been previously achieved and documented, enter the year in which it was reported to SANDAG, and include any new infonnation, if applicable. Year 1/1993 2. Have facility siting criteria that are consistent with the San Diego County Hazardous Waste Management Plan been adopted? Yes X No Not Applicable -14- 13-/'/ -_.~_..._-,_._-_._......._..~,_.._- . -,-_... .-.--......,-...- Responses - RGMS Consistency Checklist 3/17/1994 If compliance has been previously achieved and documented, enter the year in which it was reported to SANDAG, and include any new information, if applicable. Year 1/1993 *3. Has a procedure to process permits on a case-by-case basis (e.g., Conditional Use Permit) been established for siting hazardous waste facilities? Yes X No Not Applicable If compliance has been previously achieved and documented, enter the year in which it was reported to SANDAG, and include any new information, if applicable. Year 1/1993 Council adopted the final amendments to the City Zoning Ordinance establishing a specialized conditional use permit procedure for hazardous waste facility proposals on March 2, 1993 (Ordinance No. 2542). 4. Are the Southern California Hazardous Waste Management Plan and intergovernmental agreements and incentives programs being used in the evaluation of facility proposals? Yes X No Not Applicable If compliance has been previously achieved and documented, enter the year in which it was reported to SANDAG, and include any new information, if applicable. Year 1/1993 5. Is your jurisdiction, with the assistance of the County of San Diego, working with the private sector to provide information, technical assjstance and incentives to achieve the 30 percent waste minimization goal of the Plan? Yes X No Not Applicable If compliance has been previously achieved and documented, enter the year in which it was reported to SANDAG, and include any new information, if applicable. Year 1/1993 -15- 1:)-.20 - -- - _..__.__......_._--,-_._._--_._-~"'-'- Responses - RGMS Consistency Checklist 3/17/1994 Staff is continuing to work with the County in developing a hazardous waste reduction/minimization program for industries that incorporates a hierarchy of waste management alternatives. Staff is also beginning to offer technical assistance to businesses to reduce hazardous waste in conjunction with the City's Business Recycling Outreach Program. In addition, the City in a collaborative effort with the Environmental Health Coalition has been partially funded through a $30,000 grant to conduct a city-wide toxic use audit of municipal services (operations & maintenance) to develop toxic use reduction policies aimed at watershed protection, in accordance with "nonstructural best management practice" NPDES pennit requirements. 6. How many hazardous waste facilities have been sited in your jurisdiction? One (large size) to five (small size) facilities should be sited to meet San Diego's hazardous waste management needs by the year 2000. One. Greenfield Environmental, Appropriate Technologies II, Inc. (APTEC 11). APTEC II is the single largest, and only fully pennitted hazardous waste treatment facility in San Diego County, with an estimated total annual treatment capacity of 32,000 tons (County HWMP, 1989 - using 1986 data). HOUSING 1. Has the Housing Element of your General Plan been updated as required by State law? Yes X No Not Applicable If compliance has been previously achieved and documented, enter the year in which it was reported to SANDAG, and include any new infonnation, if applicable. Year 1/1993 *2. Has your Housing Element been found to be jn substantial compliance with state law? Yes X No Not Applicable -16- ).1..2/ .-.......-..---- . __ _...__..~_._.._·.______·_w Responses - RGMS Consistency Checklist 3/17/1994 If compliance has been previously achieved and documented, enter the year in which it was reported to SANDAG, and include any new information, if applicable. Year 1/1993 A letter of compliance was issued by State HCD on May 15, 1992, with the following qualification: The at-risk housing analyses (as required by Chapter 1451, Statutes of 1989) were not found to fully comply. However, since those requirements were not effective until July 1, 1992, HCD's letter outlined necessary revisions to comply, and to only affect our compliance status after that time. Subsequently, the City worked with HCD and prepared revised text, which was found to be in procedural compliance by letter from HCD dated September 25, 1992. City staff will be taking the amended language forward for public hearing and [mal adoption before the Planning Commission and City Council in April/May 1994. Upon adoption, the revised Housing Element will be forwarded to HCD. 3. Does your Housing Element include the regional share objective from the Regional Housing Needs Statement which indicates the number of new units needed by July, 1996 for all economic segments of the community consistent with state law? Yes X No Not Applicable If compliance has been previously achieved and documented, enter the year in which it was reported to SANDAG, and include any new information, if applicable. Year 1/1993 4. Does your Housing Element contain policies to achieve the regional share objective for all economic segments of the community consistent with state law? Yes X No Not Applicable If compliance has been previously achieved and documented, enter the year in which it was reported to SANDAG, and include any new information, if applicable. Year 1/1993 -17- /;I....l~ _ _.._____.._._._._~_._..u.·.__~.____,·,___ Responses - RGMS Consistency Checklist 3/17/1994 *5. What was your jurisdiction's progress toward meeting the regional share objective last year? Please note the number of unitš constructed by income level. Along with representatives of several other jurisdictions and SANDAG staff, Chula Vista Planning Department staff recently participated as part of an ad-hoc committee to develop a set of regionally consistent guidelines for use in calculating Regional Share perfonnance for both "assisted" and "non-assisted" (market rate) new-construction housing. For" assisted" new-construction housing, jurisdictions were to use the definitions/requirements of the respective assistance program(s), as required by law. The City's performance in this category was: Very low income: 103 Low income: 6 Moderate income: ....J.. 120 Regarding the reporting of progress for "non-assisted" (market rate) new- construction housing, it was recognized that many jurisdictions presently do not have systems in place to gather the infonnation on housing prices, etc., necessary to perfonn Regional Share calculations. Several cities indicated they simply did not have available staffmg and/or other resources to enable necessary data gathering either now, or in the near future. While several potential approaches to data gathering and assimilation were discussed, the ad-hoc committee did not reach any definitive conclusions on this issue. Based on the work of the ad-hoc committee, the City Planning and Community Development Departments are presently revisiting the issue of how best to obtain the infonnation necessary to conduct Regional Share perfonnance evaluations for market-rate housing, using building pennit and post -construction processes. It is anticipated that a workable approach will be devised by Summer 1994, with data gathering and calculations to follow. Thereby, the Cjty's intent would be to present comprehensive Regional Share perfonnance figures with the next RGMS consistency checklist effort in January 1995. 6. Does your Housing Element include the fair share objective from the Regional Housing Needs Statement which indicates how many new and existing lower income households should be assisted by July, 1996? Yes X No Not Applicable -18- 1~'.27 _......- -- - ----_."_.._----~---_.......~.,.- - ------~"."-_..__...."- Responses - RGMS Consistency Checklist 3/17/1994 If compliance has been prevjously achieved and documented, enter the year in which it was reported to SANDAG, and include any new information, if applicable. Year 1/1993 7. Does your Housing Element contain policies to achieve the fair share objective? Yes X No Not Applicable If compliance has been previously achieved and documented, enter the year in which it was reported to SANDAG, and include any new information, if applicable. Year 1/1993 *8. What was your jurisdiction's progress toward meeting the fair share objectives last year? Please note the number of households assisted. For calendar year 1993, the following is a breakdown of lower-income households assisted: 1,134 - Section "8" vouchers and certificates 28 - Very-low income new construction rental units 75 - Very-low income new construction Senior rental units 41 - Low and Moderate income new/resale housing purchases (MCC program) 37 - Owner occupied single family and mobile home rehabilitation projects 1 - Single family rental rehabilitation 14 - Transitional housing units (very low income) *9. Has a Comprehensive Housing Affordability Strategy (CHAS) been prepared and approved for your jurisdiction? Yes X No Not Applicable If compliance has been previously achieved and documented, enter the year in which jt was reported to SANDAG, and include any new information, if applicable. Year 1/1993 -19- IJ'~r ~ .~._ __ .._.....".___m_______··_·,_···_____·_··___····~______·___,~.__" Responses - RGMS Consistency Checklist 3/17/1994 Council adopted the 1994-1999 CHAS on December 14, 1993 (Resolution No. 17340), and it received HUD approval on February 7, 1994. (f:\home\planning\RGMSl993.CL) ;; -.J.f /13-30 - .--- - -~-----~-,--_. .. '--'~'-'-'---"--'---- , PUBLIC HEARING CHECK LIST PUBLIC HEARING DATE: L/ / ~ I q ~ ''''''crr......::i~:.\;::. ~-'"y ~oJ I """:RQtl:- ~ 4.0. ~ S-.-1:4::t-. ...... ~ ~ f-JDÅ b-. \ \ SENT TO STAR NEWS FOR PUBLICATION .. BY FAX V"; BY HAND ; BY MAIL PUBLICATION DATE ~/øI("/'t'i L.àJ-)- - MAILED NOTICES TO PROPERTY OWNERS - NO. MAILED PER GC §S4992 Legislative Staff, Construction Industry Fed, 6336 Greenwich Dr Suite F. San Diego, 92122 LOGGED IN AGENDA BOOK $./ é)d..lc¡~ COPIES TO: Administration (4) / Planning / Originating Department Engineering V Others City Clerk's Office (2) / 3./a....¡/q.j POST ON BUll.ETIN BOARDS . SPECIAL INSTRUCTIONS: 7/93 -SS)J _) 7 NOTICE OF PUBLIC HEARING BY THE CHULA VISTA CITY COUNCIL CHULA VISTA, CALIFORNIA NOTICE IS HEREBY GIVEN THAT THE CHULA VISTA CITY COUNCIL will hold a public hearing to consider the following: Considering & transmitting by resolution the local consistency checklist for the Regional Growth Management Strategy to SANDAG. If you wish to challenge the City's action on this matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk's Office at or prior to the public hearing. SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, April 5, 1994, at 4:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue, at which time any person desiring to be heard may appear. DATED: March 23,1994 Beverly A. Authelet City Clerk '\ ":;- "2- ~ .- - -- - '..._--..--'.-'~.--.-.--'--..-...---.---.-- NOTICE OF PUBLIC HEARING BY THE CHULA VISTA CITY COUNCIL CHULA VISTA, CALIFORNIA NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL for the purpose of considering and transmitting by resolution the local consistency checklist for the Regional Growth Management Strategy to SANDAG. The "self certification" checklist was prepared by SANDAG to be used by local and regional goverrunent agencies to evaluate consistency of their general and community plans, policies, regulations and ordinances with the Regional Growth Management Strategy. The Regional Growth Management Strategy was prepared in response to voter approval of Proposition"C" (the Regional Planning and Growth Control Management Initiative) in November 1988. The Strategy contains standards, objectives and recommended actions for nine regional quality of life factors. The City of Chula Vista is in substantial compliance with the Strategy. A negative declaration was prepared by SANDAG for the draft Regional Growth Management Strategy in accordance with CEQA. The checklist does not require any environmental review. Any petitions to be submitted to the City Council must be received in the office of the City Clerk no later than noon of the hearing date. If you wish to challenge the City's action on these matters, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at or prior to the public hearing. SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, AprilS, 1994 at 4:00 p.m. in the Council Chambers located within the Public Services Building, 276 Fourth Avenue, at which time any person desiring to be heard may appear. DATED: 3121/94 Beverly A. Authelet City Clerk (f:\home\planning\rgms1993 ,not) 13:,- '2 OJ - -.....-.-."-- ... ..~..__.._.._--,-_._._-...,,-_..__._.~--,._~--- COUNCIL AGENDA STATEMENT Item~ Meeting Date 4/5/94 ITEM TITLE: Report: Request for City Support of the Visual Arts Foundation, Inc. 's request for Port District funding for the 1994 Sunset Cinema Film Festival. SUBMITTED BY: Cultural Arts COmmiSSiO~ (4/5ths Vote: Yes_No-X.} RECOMMENDATION: That Council accept the report, and forward a written communication to the San Diego Unified Port District indicating the City's support of the proposed 1994 Sunset Cinema Film Festival. DISCUSSION: During the Cultural Arts Commission meeting on January 11, 1994, Andy Friedenberg, Executive Director of the Visual Arts Foundation, Inc, made a brief presentation on the Foundation's Sunset Cinema Film Festival. The Film Festival has been successfully conducted at Chula Vista's Bayside Park for the past three summers. The event features a film (or films) that are projected on a large screen that is located on a floating barge anchored in the bay directly west of Bayside Park. The audience watches the movie from the park. Chula Vista is just one of several locations that feature the Floating Cinema. The Film Festival is supported, in part, through funding from the San Diego Unified Port District, and Mr. Friedenberg will be approaching the Port this spring seeking funding for the 1994 Festival. Following the presentation, the Commission voted (8-0) to recommend to the City Council that the City support the program in concept, and to recommend that a letter of support be sent to the Port District indicating the City's support of the project. FISCAL IMPACT: None wp\floatcin.2 1'/..../ ... n_._,,". .__.. _._ _...___.___...._.~.~.___,,,._,__._._...__~..._,._ COUNCIL AGENDA STATEMENT I> Item Meeting Date 4/5/94 TITLE: REPORT Update on Solid Waste Issues and Evaluations of Proposals for Solid Waste Services &;¿ ~ SUBMITTED BY: Deputy City Manager Krempl t c: Principal Management Assistant Snyder D REVIEWED BY: City Manager&~rj~ (4/5ths Vote: Yes - No--L) At the 3/1/94 meeting, the City Council approved additional consultant services in order to proceed with the evaluation of the five proposals for solid waste services received as a result of the RFP issued 12/16/93. At that time, a three step process was defined which would provide Council with important decision-making information prior to the 5/31/94 expiration date of the Interim Solid Waste Participation Agreement. This report concludes the first step in that process by forwarding a technical memorandum (Attachment A) from the consultant, Brown, Vence and Associates (BVA), describing the methodology and findings of the proposal evaluation. BVA will make an oral presentation to the City Council regarding this memorandum and the proposals. RECOMMENDATION: Accept report. BOARD/COMMISSION RECOMMENDATION: Not applicable. DISCUSSION: The process and results are described in detail in the attached Technical Memorandum for the five proposals for solid waste services received from: 0 Laidlaw Waste Systems, Inc. (Laidlaw) 0 Mid-American Waste Systems, Inc. (Mid-American) 0 Mine Reclamation Corporation/Browning-Ferris Industries of California, Inc. (MRC/BFIC) 0 Mother Aland 0 Sexton/Chula Vista Sanitary Services (Sexton) In summary, the proposals were evaluated in a two-stage process, with the first stage being an initial screening focusing on basic requirements. Those six basic requirements were defined in the RFP and were designed to be used as a tool to determine if a proposal was responsive to the RFP requirements, technically feasible, financially adequate, and strong enough to warrant further consideration. /..1"/ ~·._·m..."___ ,,·,,··.·w·_...·_~ __ _____.. Page 2, Item 15 Meeting Date 4/5/94 It is noted that a proposal's failure to meet one or more of the initial requirements did not necessarily eliminate the proposal from further consideration. At this initial screening stage, it was determined that the proposals from Laidlaw, Mid-American and Sexton would be further evaluated and scored. The proposals from MRC/BFIC and Mother Aland were not recommended for further consideration since the proposals were not prepared in manner that met the requirements of the RFP, including provision of financial statements which would attest to the proposer's financial capability to provide the requested services. For those proposals passing the initial screening stage, detailed weighted criteria were established and used to provide scores. All three proposals offered a complete package of services to include transfer facilities, potentially a Materials Recovery Facility (MRF) if needed, hauling services from the transfer site to a disposal site, and disposal capacity. All three proposals identified the Campo landfill in east San Diego County as the primary disposal site. However, since the Campo site is still in the permitting stage of development, the Laidlaw proposal includes contingency arrangements at their existing site in Valencia, California. The proposals offered services in the range of $43-60 per ton. The consultant has also prepared an adjusted cost analysis so that the proposal costs can be reasonably compared. The adjusted analysis shows the tipping fees ranging from $42.71 to $59.08 per ton excluding land costs. Land costs for a transfer station site could be expected to add from $.70 to $1.50 per ton. Based on the strengths of the proposals in the areas of qualifications, technical, environmental, contractual, financial and cost, the scores are now presented in a relative ranking: 0 Sexton 0 Laidlaw 0 Mid-American The next step of the overall project will be an economic analysis of the cost for Chula Vista to remain in the County system. A Technical Memorandum regarding the results of that analysis is scheduled for the City Council's agenda on 4/26/94. It is recommended that the three proposals be considered further in a comparison of these alternatives with the County system. Interviews may be conducted to ensure that all information is thoroughly explained and understood. /5-.2.. -_.~........_,- .---- -- _.~-~----_..._- Page 3, Item 1..$ Meeting Date 4/5/94 A final report and recommendations will be brought back to the Council at the 5/10/94 meeting. To assist in decision-making, staff and the consultant will also be addressing the practicality, constraints and issues involving the implementation of any of the proposals. The City Manager's office will provide copies of any or all of the proposals to Councilmembers wishing to personally review them. FISCAL IMPACT: There is no additional fiscal impact as a result of the recommended action to accept this report and continue the project. All costs associated with consultant services (maximum of $24,850) are being paid from currently appropriated funds. It is premature to speculate on the impact of these proposals to the ratepayer, although that fiscal impact should be addressed by the time of the final report. /5'~J //S-- f" ""'-.-"-.'-'. .........- ....._-_._._-~ ----.----.---.-- 03-31-94 12:29PM FROM BROWN, VENCE & ASSOC TO 16195855612 P002!023 Attachment A ~~ 11II Brmun, 'øActI ~ & AlBOClal.. t_"'" W""MII1a\1ernent e"~nem TECJlNJCAL MEMORANDUM 120 MOI'ItIJOIT'IfIY Slnml 5u;I.1000 ~n~toCA~'04 TO: George Krelnpl, Stephanie Snyder .41!51d34·0nJ 41~S-67..ro"AX I' '~!, fJI.~ Traey$~~':,' :: ,.. '~r: t~(\ ¡" (' h "r ::.: T,' r .... /r - ',' DATE: March 30, 1994 lŒ: SumIlUlI)' of BVA's Bvaluation of Proposals for Solid Waste Services SUMMARY On Febroary is, 1994, tile City of ChuJa Vista (City) RœÎved five proposaI4 in response to itS BeqUCllt for Propoøala for SoIi4 Wuto Scrvicos (RPP) issued ~ 14, 1993. Bro\VD;' Vcncc, & Associates was reta¡ned by the City to conduct an evaIuation of the proposals. De evaluation and œsults are summarlzec1 in this memorandwn. . y;, Two proposals, Mille BecJamatiœ corp.fBrowning-Ferria Indu5Uies of California, Ine, and Mother Aland, did not fu1Ïill the initJalscreenÎDg requirements and wJleæ not IeCOIIImcnded for further consJdeIation under this evaluation proceas. A .w.o.!"" evaJu.t11)ft was conducted of three proposals (Laidlaw Waste Industries, Inc.. Mid·American Waste Systems, Inc., and Sexton/Chula Vista SanitaJy Scrvù:es). Each of the three proposals offered a complete solid waste service par.h~ to Chuba Vista that iøcluded a transfer sCation, potential expansion of the transfer elation to iDcIude a MRF, hauling 5e1Vices, and disposal seIViceS. Each proposei' identified potential sites for traIISfer station deve1opmmt; however, no proposer owns a site for thia specific purpose, Conceptual designs were provided for the ttansfer stations in each proposal and tbe designs offered the City transfer stations with the required capacity to P,lnlIdOr1 Req¡dtd ..... Pa~\BVALBUM.'TCH œlJVH 111$&_ 1 /~.> -~.,~..- . - -'- ----.---...,.------- 03-31-94 12:29PM FROM BROWN, VENCE & ASSOC TO 16195855612 P003/023 meet !be City's sbmt-term and long-tenD needs (up to 800 toIlII per day). Comprehensive hauling propollllb from Laidlaw and Sexton offeaed both rail or tmc:k transfer to the disposal site. Mid-Amerk:an Ii'fered truck haul to the disposal site. All tIm:c proposals identified the Campo Laudfillu !be primary ð¡~ siIe. The Campo Landfill is a propœed disposal site in the pemrl11iD2 öee of dIweI.opmeot. . The proposed dispoaal site is on the CamPO Indian :ReaeIvation, 75 miles east of Chula VisIa, The landfill, if ~, will be operated by Mid- .Amerkan and will have a permitted ~ of 28,000,000 tons with a daily capacity of 3,000 toœ. The cost proposals offer a range of $43 per ton to $60 per ton for the bansf8r', haul, and dUpose1 scMocs. The ¡waluation process "..",õ"eð the strengths of the proposals based on vañous crin:rla ~u4if1g q~ t....r'I...'.. emI~'è~' r.nR""i~J ~. and cost ~h·' , I·,'· proposals. Based on BVA's evaluation oftbe propòsals, BVA ranked d1e proposals u follows: I. SexIoa/ChuIa Viata Sa'"""" Servicea 2. Laidlaw Waste Systems, Inc. 3. Mid-American Waste System, Inc, BACKGROUND On December 14, 1993, the City issued a Request for Proposals (RFP) for soD.d waste services. The :RFP sought proposals from quaJJflecI contract.orS to provide a transfer station, materiats recovery facility (MRP). IJ'aIIsfer hauling, and landfill disposaJ services for approxiJnat.ely 17S,OOO tons per year of solid waste. On February IS, 1994, the City received five responses to thç lU'P. ~iICII wore> provided by: · Mine :Reçl......tõon CoIporatioDJDroPonis Induatåoa of ~ lac. (MR.CIBFIC) · I40tber AlaDd. · Laidlaw Waste Systems, Inc. (Laidlaw) · Mid-American Waste Systems, Inc. (Mid-American) · SextonlChuJa Vista SallitaJ:y Services (Sexton) Brown, Vonce, & Associates was retained by 1he City to develop a de1aiIed eva1uaIion methodology and perfonn an evaln1lnø of the proposa" BVA's evaluatton methodology inclu.ded the development of initial BCm2IÌDg criteria, .....,.¡IM evaluation criœria, weighting f~!S for each crit1:rla. and a soorioa system, These evaluation tools were used to develop a shortlist of qualified firms, This teclmical memorandwn sununarize& 1he evaluation process and BVA's results. The t...-h"¡...l memOTa1ldum i. nrgani~ into four 1II!Ctioos: background, ove.rvIew of the evaluation process, JeSUIts of the evaJuatiou, an4 1U1J'I"·'Y. p:~UGI2.01\aVA.I..StJM.TdI DJlSllM 11:51.- 2 /yt --- -_.--_...._----_._..._.-._._---~~._.__.- 03-31-94 12:29PM FROM BROWN, VENCE ~ ASSOC TO 16195855612 POO4!023 OVERVIEW OF THE EVALUATION PltOCESS Evaluation Methocloloø 'I1Ie proposals were eY'I1n~t"" using a two-stase process. 1be two stages consist of initia1 setI'JeIdng process to en!lll1'e tbat the proposa1s met minimum requirements of the RFP and a detailed evaluation process in which Dumerous criteria were used to measure the proposab' IIbility to meet tho needs of the City. AIl proposa1a weæ evaluated iDdepoudently using .-w.;1.... criteria that assess the proposer's qua1ificati0ll8; ita ~hrñ<W, enviromncnta1, contractual, and lõnßnci,lltIeogtbs; and the çoat of p.¡;opœed ~cca. The eva1DatIDn process Is Ulusttated in AUacItment 1. r¡" .::~. I r.. I~;n,r "P"'!, ')'):~'1\¡:,' .'î",~,"<~' ~ !,~',"~.," n\.'\ . ~. "'; - " ~ " ~, - q' .' "I '; lniti" .ScneDiD¡ The fitst sœge, the initial screeuing process, focuses on several basic requirements that each proposal must fulfill to be considered fiuthcr In the evaluation process. The initia1 scrccoing requirements were defIned based on the })1'OIIOICr qua1i&ations dcsa:ibed in Section 5 of the RFP. Six iøitial sclœDÏDg requirements were estabJiahed; they address the overa1I çomp1eteness of the proposal, the ideotification of a senko package, teclmkal feasibility, and financial streI1gth. For each initial scæening requirement, the evaluator indicated -yes" or "00" as to the proposal'. oonfonnanœ with the reqtliremellt. Lastly, the evaluator was requested to specify whetb&r the ~ $bould be consideœd for further consideration. The initial screening requirements were used as a tool to dctcmJine if a proposal was strong eoough for fuJ:ther c::onsidcratlon. A proposal's failnre to meet one or more of the initial requirements did not ~"'1'i1Y diáate that the ¡mJpOw would be eliminßt/¥I from further consldmtion. Weigbtiug Criteria A set of clemil"'" evaluation criteria was established to evaluate the proposals that pas8ed the initial screening. BV A moiewecl tile criœria aDd as!leSSeð the relaIive impoII.anœ of each criteóon based on its understanding of Chu1a Vista's goals, objectives, and priorities in the plOCUremeDt process. A weigÞtil1g scale was dcve10ped to rd1ect the re1ative im}lOíl.1ncc of each ii_11M crlteriOll. A nmnerical va1ue was U8igoed to each criterion 50 that the total points for all critaia equaled 100 poiots. DetaDecJ Eva'uatloD Å defajled evaluation was made of each proposal1hal: passed die iniIiaJ. øcreeoiDg. TIle deÞiJP-ð criteria addressed several caœgories: company quaHfIcations, technical capability, envinmmeuIal impacts, conrractua1 issues, fln.""i~1 streogth, and COstA. BV A assessed the 11<'OØOS1l's ability ':'ð'W\7HN..o1\BVAL8UILTCII 0Im11M lbU_ 3 1~7 _'__"~'.."..___._" .. u,.________.·,.~_"_ ".__ 03-31-9~ 12:29PM FROM BROWN, \fENCE & ASSOC TO 16195855612 POO5/023 10 meet each criterion based 011. definitions of low, medium, and high responsiveness. 1be definitions of the deIaiIed eva IIIAtirn¡ criteria are provided as A&cbment 2. The Ie8Ults of the detaiJed evaJuation were conVC11tJd iDIO scores. 11H: scomI for each proposal were ClJlllpllred to determine the re1adve TIIIIking of the proposals. SlaortJløt After the dehoile<l evaluation of proposals and calcu1ation of the SCOleS, BV A reviewed the JeSUlta ...d devekIped a shortlist of qua1ifiod prgpoIOl'IS to pmvido tho IOIid waste ~. 'I1Ic firms on the shortJist will be QOIIside1'ed further. In particular, the cost proposals of the IIbonJIsœd proposeø wm be COIIIpIImI to the cost for Chula Vista to participate in tile County's "9i ~;waste 5Y..,,0I\\5 part: of ': ~ WJt ~ the City ha&asted~VA to aSsess' ··.u, :1" the expected cost 10 tile City in participating in the County system. The fiDdiJIgs of tile ecooomic analysis will be used to determine if the City should proceed with optiQØs oft'emI by one or _ short&ted pro1^"""'. or to rely on the County to provide the solid wute scrvi.c;ca. RESULTS OF THE EVALUATION PROCESS The lCIIults of the evaluation pnx:ess are pre~ hem in sumD1ll1)' fODD. initial SereeIIiq :!IV A's initial sc:reening of tbo five RFP nI5p01lSCS 1ead to the decision to proceed with a tfehÌn...t ~ of three æsponses. The tbtee~l.tbat passed the initial screening stage of the eva,IIAtWt process were Laidlaw, MId-American, and Sexton. AU tine PIq)OSClS prepared comprehensive proposals that moot tho requÍJ'P.momt" of the RPP, rely on proven lIK'.hnnlogy, and have· the fiDancJa1 capability to provide the seMcc& to Chula VISta. Laid1aw, Mid-Amerlcan, and 5o¡¡.tun m,* aD iniliaI. scrœn1ng requÎIœIeDtS with one exception, Laidlaw failed to meet øneiJlitial screening requinmIent - the profitability~. 1be profitability requimneot was used to cIeœrmiDe if a proposer was profiIable over tile past five years. Laidlaw was not profitable over the past five years. (R is worth nodng that LllidJaw did sIIow a profit clurØJg three of the past five years.) LaidJaw did meet all othec f'maDCial requirementa, teclmk:aJ., service pacqge, and proposal responsiveness criteria, and therefore, the proposal was recommended for further considma1ion. Two proposals, MRCJBFlC and Mother Aland, were not 1'eCOIDIJIonded for further consideration. 'l'I1œc propoaa1s were not P.cepaJ:ed in a complete and Ihonmgb maamer based on the reqlÙl'eØ1ents of the RFP. In addition, the financial capability of MRCIBFIC or Motber Aland could not be assess"" becBJlse the :proposers did DOt provide fuIanc)aJ. Slatements as requested in the BPP, Pa\8W\ftOÞ2.Ol.~Al.SUM.TCH tdlSlIM 11:5'... 4 /~r ..- ---.------- -~--_.- . -----_._~.._-_._,._,-,.- 03-31-94 12: 29PM FROM BROWN, VENCE & ASSOC TO 16195855612 P006/023 weigbtlng Criteria A weightiDg scale was developed to re&ct the relative importance of each criterion hued 011 BV A's uDderstaoding of the City's needs IDd priorities. BV A reviewed the detailed ew1natinn criteria and assigned a weigbt value to each criterion to indicate its relative importance. The we!ghtlng of criteria i& shown in Attaclllnent 3. DetaiIecl Evaluation BV A completed a decai1ed evaluation (1J.ÚDg the ðetaiJ~ criteria presedted in Attachment 2) for each propoaaI ofthc tIIIcc propoaIs qualified thrOugh the initiaJ. açreoniag proc:e88. s.x.rea of low, medium, and high weœ assigoed for each evaluation criteria. A score of low, medium, or high was asaigued a nUll1el'k:aI value of 1, 2, or 3, respectively. The numerical values ('.", a¡ssigœd.furctb.t\,c:r:itefJa weœ,usqd to~11~ a~.S4(Oæ, for eaCh poupO..al. ,;- ,.. .', ' '. '. ...... . I A weighted score was r~r.,¡Jated for each proposal1J.ÚDg the criteria w~11gS and the low. mMillm, and high scores usÏgned in the deœiJed evaIua1ion proceaa. The nulllClÜ:aJ values assigned for the cåtcria (1, 2, or 3) were multiplied by the comspondiDg weighting factoø lilted in AttII"þ1QMt 3. The total and weighted scores determined by tbia evaluation are ~lm",a"¡".ed and presented in Aitacbment 3. . The scores indir.ate the following ranking of proposers: 1.. Sexton 2. Laidlaw 3. Mid-AmC1'Ïçm Key 'EI_'- of the hoposaIa Doring the detailed evaluation process, BV A summarized the key ÍJS\Ics of the proposals. Tho .key issuea focused on the type of service offered, site lOCation and capaci1y, methodology, hauling informatiOn including nuanber of QOI11ainom and vebicles provided, disposal facility Jocation and capacity, annual cost. and odIer fac1ms. 'Ibe key issues are summarized ill A.ttacbmeDt 4. BV A also prepanJd a cost CODlparlsoo. of the proposals which ÎII provided as Attacl1moat 5. Tho cost ~ shows the capital costs, amwa1 operating costs, and tipplng fees for each service as well as the total tipping fee for the tnmafer, haul, and disposalaeMcos. The cost compari9Ol1 shows the cost information as presented by each proposer in their cost p;:~ However, the ~ used different 'P'.trq¡nQDS to develop the ~ta1 costs for the transfer station property and duration of the aœeptance testiDg period and tho amortized aspita1 costs. A4 a Ie8Ult, it ill not reasooab1e to compare the coM proposa.b without maid", a<liustmenb to provide an equal ~\SW\9JOU.D1\B9A.UIUM.'I'ðI rw311'M 1tM_ S I'>' 1 ..-...."..-.-.--.- -,--..-------.--.-.'''----,-- 03-31-94 12:29PM FROM BROWN. VENCE & ASSOC TO 16195B55612 P007/023 basil for comparison. Therefore, BV A prepared a cost analysis that made adjustments to the cost proposals SO die proposals can be 1"e:'VIJI'Ihly compared, Specifically, BV A sutmortPJI the land costs from the transfer s1ation capital cost e¢lm~"'1. In addition, BV A adjusted the ~n,..e testing costs to incIndel costs that wm cover a two week start-up and acœptance testJng period. lastly, BV A eaku1ated the ImmtL.ed capital D.1ing a. staDdatd med1odoloaY. Based on these adjustments, BVA ÇSlII'I,1Ated tipping fees for the service pad... BVA's lIIIII1yllis ahow:s that tipping r- I1IJI8O ftom $42,71 per ton to $59.08 per fQa ~I"dl"g 1aDd costs. Land costs would increase the tipping fees by approxinWcly $0,70 to S1.S0 per ton ðqpv1l~ on aile sà:o and ~ YBI.uc. ." ~J ( '! '; . :,,r', r'·,· -, ~"Yf,.: ... '.' "VI;; '-,,,",','''-'' , ':1"(\1 I" ~:'.'~?~S-,:·,: :"~! (1 ,., /' ., "¡ PI\8MtISCIf2.Gt\BV.A.LSUN.'I'CII O'J"IJ!N. 111U_ 6 1.:(''''/1/ .---. --..- .. --.-.. .-...-.-.-.-. 03-31-94 12:29PM FROM BROWN. VENCE & ASSOC TO 16195855612 P008!023 ATTACHMENT 1 Evaluation Process Issue RFP W Receive proposals !1"' '<'0. !,-" ;"":I'J "['\'1 ":') , ". w .,'..... "1'1 "\ 'ì,'" )"'~ ~I ," , .' Initial screening Disqualify proposals not meeting \ initial Detailed evaJuation screening of proposals requirements meeting initial screening Weight requirements criteria ~ I .... Score proposals - I w 1 ..... Shortlist most Eliminate less desirable proposals desirable proposals BROWN, VENCE & ASSOCIATES SAN FRANCISCO . SACRAMENTO 13CIR.ØIT1~~ If"1 I . ---,~....__.__..~- . ...-.-----. .._-~_._._--"--~-- 03-31-94 12:29PM FROM BROWN, VENCE & ASSOC TO 16195855612 POO9/023 ATl'ACBMENT 2 DETAILED EVALUATION CRITERIA QU..u.mCATlONS 1. Company Qualif"lC8tiou. Demonstrated ~P.nCe providing similar sem<:eS in a compa.Iable-sized service area. l.m! - Inadequate level of m1cvut oxpc:ric:Ðcc ID by ~ of the project. Medin... . Relevant ~e in· some but not all of the key aspects of the proposed ^ , : ^ , o~1'?.iec!· .. .-._.~ ( ~ - 1-' ,'-," '. :>:"i:r ""''',~ ", ~ ^ -..;.r." J',) ir:.!',::;-:---, '; <""':'1"'/"" . --' , . Hi&h - Relevant cxperienœ comùteøtly demoøstrated for all aspects of the proposed project. 2. Joiøt Venture and T....mn.g Arrangements. Teaming amn~ add strength to the project or propoller dcct3 not propuIIO!aIm and u stroog without teaming aJIaIJ1PIlCIlb. ~ _ T-m;"g ~eut adda DO stnDgth to the project. T_ members do DOt have demonstrated SUCCCIIsful paS workinc rdationshipø, Medium - T""nñl\g amngcment acids stœDgth to the project. Team membP.rs have some e.xperJenœ worldng on projects togetber". Dim - Team members have extensive experience working together on other pIOjeçþ; teaming ammgement adds stmJgtb 10 the project. Propœer doea not propose team aDd is strong withóut teaming ammgement3. 3. . Staff Qualif'katiou. Background of individual team membets provides proven technical, operational and manage,ria1 experience needed to baødIo the ptopœed services. l.æ£ - Experience of key personnel inadequate ÌD key job categories of proposed project. MNllum - Bxpedence of key pel30llllel appears adequate and may be sufficient to uudenalœ proposed project. HiI:b - ~ penonnel have dell)Qftctr.ltcd (over S yeaTS) .....hml'JlI and managerial experience needed to bandle tile ~ service. 4. UnderstandiDg of Local Conditions. . &tent to which proposer bas a good understanding of the local solid waste manaøement CODditioos in ChuJa VlSfa. P,_cm.oI\ðmIRJA.DIII' om_ 5:42... 1 AUacbment 2 ¡ý¡;J- _ _H'~__ . ..._ .____...____ __.____.__...._...._ 03-31-94 12:29PM FROM BROWN, VENCE & ASSOC TO 16195855612 POIO/023 l.œ! - Did DOt demonstrate knowledge of and sensitivity to local uea or local concem3. ~ - Adequate unclmt.uðil1g of Ioca1 uea and local CODCe.!D3. m&h - High 1evel of understanding of local C011CCIII3. S. ÇUent RelatioDSlùp. Client fere.ð4.:es demoDStrate iMposer's ability to maintain long-term relatiooships with municipa1ities, includÜ1g coopeI31ion in providing ICqUC3ted information in a timely maaner aDd aYOidaace of litigation and ubitJation in settling disputes. Mœ. - Client refenmces did not provide positive indication regarding tile proposer's ability to have Illl~ful worlcing reIatioDWp or 110 refemnces were provided. ,... .,. [,'" I- . ? ê Mr.di,;:m~ èQ .ef~;enœs did 1tOt i~ åityp:åÍ1!Ìcular conc:ernS; . . j' !Iigh - Client tef_ iJOdicated that the propol!et has the ability to worlt successfuUy with municipalities and the lcf..........e would be willing to work with the proposer apin. 6. Minority, Womeu, and Disadvantaged Rucb,4!SS EDterprise$. Documented success in ob/'fI;n;l\g miDOrity, women, and disadvantaged bu.¡....'ISe!I sub..u..lhiICWrs' ~Iinn. I&J! .' Proposer has not jn"IIvfPJi any minorlty, women" and disadvantaged businÇ.<se& subcontractors in tile proposal and did net indicate that they made an effort to do so. Medium - Proposer bas not included any minority, women, and disadvantaged bntin...ses subcontractors in the proposal; however, indicated that they attempted to ideDt:ify bu5i_~ or in<Iica%ed willingness to usemioority, women, and disadvantaged "',"¡"'PO. subcontractOrs in Ibe future. W&h - Propoøor bas incbJdeð one or mOle minority, _, and disadvamaB""" 1Jy,,¡......ses subc:ontIactoø in the proposal, TECHNICAL - TRANSFER SER.VI~ 1. Methodology. Proposed method or œcbnology bas been suc:cessfuUy <v""ril1g in projects of similar scale for at least two years. OvOJall methodology appears œchnkal1y viable and proposed serviœs are COOOl"'nñ1e with tile City's needs and iervb Itandards. I.œ!!. - TecImology/metbodology proposed is beiDg used in fewer than two c;m;I"... projects for two years, or the proposed seMce method is not compaIible wItb the City's needs and SI:IVÍCC standards. ._.OIlClllnllllA.DP QJI3OIJ4 5"'", 2 }.tØr.hmCJ)t 2 /y/J - ...-...--- - - <-----.------------ -- --- ----_._~,---_._------ 03-31-9~ 12:29PM FROM BROWN, VENCE ~ ASSOC TO 16195B55612 PO 11/023 - - .........."..........., ......... .;. >= """"""'...+....... two similar projects for two years, aDd Ibe proposed serviCe method rea.soøably compatible with the City's needs and service slandards. W&h - Technology/methodology propoæd hall bcoa applied sutceSSfully in extensive number of dmll~.. projects for more than two years, and the proposed service method is highly compatible with the City's needs aød seMI» áIIcIaJda. 2. FaclIity Capacity" The proposed facility hall adequate capacity for the City's waste stteam. Low - Facility capacity is DOt addressed at the Jeve[ œqoDed (i.e., 150,000 tons per year up to 250,000 tDII8 per year). Fac:il.ity desi;n can not aa:o.œm.odaœ projcx:tcd capacity. .. ." n' C ,'~ A I ^ ~ ê 'Melli;;;:';' ~ Fadfuy~'c:afi- prtMcìê' ~ þióécs'siDg capacity to' fulfill'the first year œquimnenI: (i.e., 175,000 tool per year) but does not have adequate capacity 10 provide for the final year of the ÇODtJact teJm (i.e., up 10,250,000 tom per year). mcI1 - Facility design can provide the proct'$shIB capacity to fulfill the City's œquiremcuts (i.e., 175,000 IoDS per year for Ibe fiIst year of operations and up to 250,000 tons per year ,at the end of the contract tenD) UId has contingency capacity. 3. Materiak Re..D.e.:;,. The ~ facili1y design o1l'ers a sound med10ð for providing reasonable levels of m..¡...,.¡..I. æcoVery capabiJities. Lm! - Proposed expallsiOll plan for tho fIanlÍer mMno\, m-";~IA recovery technology, and proposed proœ&IÚ1g equÎpll1CDt cannot feasibly recover the types and quantities of materials specified (i.e., 20 to 25 pelcent of the waste reœived at the facility). c, ,~ ~ Medium - Proposed expansion pJan for the tmnsfer s13Iion, materials recovery tecImology, and propoeed processing equipment may fouibly zecover the types and quantities of materlals specified (i.e" 20 to 25 1JCLCC4t of tho waste received at the facility); however, it is dift"lCI11t to ma1œ a hnl1<>d a.~~~sment_ Hi2h - Proposed apansion plan for the transfer station, m~1>ori~1£ recovery ,œdmology and proposed proceShng equipment can feasibly recover the types and quantities of materials specified (Le., 20 to 25 ¡A!1œot of the waste :rea:i.ved at the facility), 4. MarketinC Stl'2te;y. The II1Ili"cting strategy preseots a 30UDd policy for marlœting rccovcrcd materials and shows . commitment to meeting: AB 939 requimnems. 1'1IIWIPI02t.000'<:RItDIA.DU __ 5:4,. 3 Attachmem 2 15,/,/ .."-.._----_._"-'"-------~_._,_.."_._--_.._---_._~-~~----"'-'--~ 03-31-94 12:29PM FROM BROWN, VENCE ~ ASSOC TO 16195855612 P012/023 !.:In! - The marlœting goals and objectivea were not addressed; or the proposer bas no telovant marlœting expeñeoce. Medium - 'I1Ic marlœting goals IIJld objectives weN add.œued; hcnvcvcr, the plan does not seem practical. The proposer has little œIcvant marketing ~enœ. :mø - 'lbe marlœting gœJs and objectives wC!C addressed and the policy bas the iDgredients for a successful program designed 10 address AB 939 divmiOll requirements. The propœer bas extensive relevant marlœti.ng expcrieoce. TECllMCAL - HAULING SERVICES 5. Hauling Methods and hv<:t.'I.D'e!, The propœcr ¡ø:ovide6 a reasonable plan for banlJng IV .~, !??ê·v.:astc,~~~~~e,,\,ith,~~~~.\',PÛOn8. ':1" " ' Y!.!l. - The h~nHIIg method does not provide a 800M method for tmnsporting waste or tho hanl;n¡: method is not ~bed. in auffi,cicnt detail 10 make an asses_t. Medium - 'lbe b&u1iDg method provides II IeUODable method for transportiøg wasœ but has limitations reJating 10 its COIDp"libi1lty with the transfer and dispOIIal optiODS. Biù' The 1I;1II1I1I( mct1lod proYkb II œ>llOfI"hlt; method fortransportiog wuto with flexibility 10 wotk with any type of bUsfer or disposal option. 2. BauIiJlg lDformatioD.. AbiJity of the WlnHrtg proposal (i.e., number of vehicles, contaI.ner3, trips per day, eapø¢1ty, bouø pee day, etc.) 10 adequately serve Chum VISta' 8 needs. 1m!!. - The p¡oposal does not clearly defiœ the banHng iDfonnation or theontlinNl information is DOt rea1;,ric or ff..,,"ble. Medium - 'lbe proposal inchlðes the bauliDg information and it appeaI5 reaaooable. Biù - The p.u~ JJÇhl('es the 'ul1Iliqg infonnation and it appears to be pæ1icuJarly well-suited for ChuJa Vuta. 3. Coatingency PIau. A contingency plan is presented and offers reasonable UIiUI3IlCO that waste can be traDsported to tile disposal site under çballeDgi:Dg circumlltaDCe8 (e.g_, vebicl.c bæakdown, traffiç ~, or othc:r clisJuptiOIlS). ~ - The proposed contingency plan does not seem to pœsent a sound progmm for meeting unanticipated evenb, or the p.upœed contin¡cncy plan is not p¡ovided in sufficient deåi1 to make an wessmeDt of its reasoDabJeness. P:\SW\93OI9.Gl\eRn'ERlA.1>1!JI _ ,..2.... 4 ......,.It........ 2 ,/ 1>'/ JÞ - ._~._._...__.,.._."-_.~._-_.__._-----,._._._... 03-31-94 12:29PM FROM BROWN, VENCE & ASSOC TO 16195855612 P013/023 Bi&:h - The proposed coDtÏßglDcy plan p~ a IiOUnd, reliable solution to cballenging cirt:umstat1CeS. '1'ECDNICAL - DISPOSAL SEB.VXÇES 1. ~ Capacity. Disposal capaclty can be guaanteed for C1m1a Vuta based on permitted capacity, cumnt inflow, other COIJtIaÇI.Ual obligations, and import restrictions. I.ID! - The proposal did not offer a gua¡mee for disposal capacity suflicient to meet the City's needs (up to 250,000 tons per year); or the disposal sire conditions (e.g", permitted capacity. otber conlDCtUal obli~tlnm:, ere.) are questionable as to wbetber tbe capacity gJIR",nt...ed by the propoeer can be met. '" ,01 I" ,.,MP.tIi!'Ø,~ ~"P~ ~~,~~ ~~~,~sal capacity ~~ to meet the· ' , . '" ' 'City's needS: (up ,to 250,000 tòns per year); hó'Wellèr. it is unclear as to the ability of the propoær to fulfil this obligadon due 10 disposal siæ CODditions (e.g., P"'""ittPJ1 capacity, other coQttRt'fnRI obligations, etc.). Hi2h - The propo$al. offers a guarantee for disposal capacity sufticied to meet the City's needs (up to ~O.OOO tons per year) and the disposal siœ conditions (e.g., petmittcd capø.city, other CODttactual obligations, etc,) appear to adequately alIow the proposer to fulfill tbc:æ oblipû.owl. 2. Disposal FaåIity Status. Ahilityoltbe site toprovideuound method ofdi'JlOSil (e.g.., meets Subtitle D requiæments, does not have significant euforcement action or orden lIgI'inot the site). ~ - The status of the disposal facility is questiooab1e or insuffichmt iofoonation bas been provided in tile proposal to make an usessmeut. Bi.ch - The diapoaa1 facility pzovidcs a sound method of di"!,^",, t. 3. mot....nõfleaticm. BxI:eot to wbich the disposal site owner i!1 wiDing to hold Chula Vista hum1ess for any problems 1hat may arise at the disposal site in the future. 1&J! - The propœa1 does DOt offer any sort of indemnification. MP.tIinrg -TIle proposal Offen ChUla VISta some leVel. crt iDdemntftcadon; however, tbe inÑ!ntnmr¡tinn offer is limited in nature. Hi&h - The proposal offers Chula Vista full iJ1demnm....rinn from environmental and IelUlatory issues tbat may aIÚe in the future jl1l'll1dir1g probJems related to the Comprehensive BnvironmeOtal Response, ComrCRtloo. and I ;"h;l~ Act (CERCLA), .,IP'lnGlt.OllC1m1RL\.ÞlIr _ ...... S AUaç~ 2 I p'l ¿, __m._._......"_ 03-31-9~ 12:29PM FROM 8RDW~ VENCE & ASSOC TO 16195855612 PO 1 V023 4. Tipping Fee. Extent to wbich the tipping fee is predictable over the term of the contract. 12:!!! - The propœal doc3 not offer a tipping fee adjustmCDt mechanism that allows the City to predict its cœt8 over the term of the contr:act, or tile proposal docs not identify IlI11Y evems that may triger an iIIcreue in the tipping fee. ¥~um - The proposal identifies the events that may trigger an increase in the tipping fee. I!iù - The proposal itleDtifies an annual adjustment mech~ni!ll\1 or formula. for tile tipping fee tbat allows the City to pœdict its C08t3 over the term of the contract. . ENVIRONMENTAL ..., ..qt l ¿' ;:'c I'" "r,' ",,'T :'~"'r'· ',~ r """( ~:" 1; j g:" ) ':" :: ~ :; 1. Enm-onm,",tll Issnes" Bxœat to which proposer addresses all enviroDmentaI issues (such as air emiBsiona, dlJlt:, vectors, noise. and tmffic) and mitiption measures. I.m£ - Environmental issues arc poorly addressed. Biù - Enviroll1llel1ta1 issues, w<-Jllöing lllitigation measures, are funy disoISw'. 2. Hazardous Waste ~ CJearly define iden1ification, h~n"¡;I1g, and disposal ~ for hazardous waste that will adequately proœct emp]øyees and properties from CODtamiDation or danger. LIŒ - Did not adequately dc.mbe a bazaIdouJ was&e JJJaII8&eD1ent plan. High - Dcacribcd plan for bazardous waste maœgement identüi<:ation, llandling, and storage and accepts lDIIIIagtUlent respo.nsibi1m..,. CONTRACTUAL l. Terms of Contract. Extent to which the proposer is willing to accept the telInS oot1ined in Section 4 and other portions of the lUlP, l.!œ. - The proposer took signifIcant aceptlona to the proposed contractual tenns. II!g!l - The proposer took a no or minor exœptioos to tile 1'1~ c:ontta.ctual terms. 2. Risk allocation. Extent to wbich the proposer accepted the risk management proposal and bas dem.onstr.ited Cfp;'Mty to baDdIe such risks. ldŒ - The p1tIpIJIiet is not willin~ to accept any risk associated with the project. JI._.OI\CI\I'I'III\LUIBP _ S<42,. 6 AftI"hment 2 /5" I? ....--.--.... - _._----_.._,-,-----~_.__.._-- 03-31-94 12:29PM FROM BROWN, VENCE & ASSOC TO 16195855612 P015/023 MP.rlium - The proposer is willing to accept a reasonable amOUDt of risk assooiated with the project; however, doeI DOt seem to have the capacity or exper.ience to handle SUCh risk. 1Iidl- The proposer is willing to aœq¡t a n:umable amount of risk associated with the project and Iw demoostrated c::op8city to bandle such riak. 3. Project Seheðu1e. Implero"-""'Iion schedule Ì$ :reasonable aDd provides the servi.c:es within the City's requested timeframe. L2!!. - Project schedule is unrealisti.c or does not respond to the City's needs. Medium - Project scbedulc does not offer a ø::ar-temJ soJut1o.n, bot does offer a Iong- '""- solutiQIt ' ., ' - ,. n") ._ ~ /1 ':' ' ~. r ~.......:; . "~AIt:~.,..',- ,. 1'1,". ¡":."I r;-" -::: ,-0. " ' Him - Project schodule meets the city's needs and provides both a near-term and long- tcm1 solution. FINANCIAL 1. FiDandal Streogth. F'V'Ancj,l ability to 1BIœ on the contract. l.o£ . Annual revenues for the last five yean are not less than the anticipated reveaue of the contr.K:t; œt worth is ~. than the ""'';'"r''''''' capital costs 101' ÙDp1.oon-.;..... of the sezvices; or the company has not been profitable over past five years or has been ¡m>fiÞlble over put five years with less than tIm:e of those years showing a profit. MAllium - Annual m-enue8 for the last five years are appJOXimafely equal to the a~tM reveI1UC of the contraá; lid worth is approximatoly equal to the anticipated capital costs expecœd over the term of CODUact; or the company has been profItab1e over put Jiye years or hu becø profitable OVCI" past ñvo years with loæ than th:rœ of those years showing a proth. mrh - Annual n:veoues for the last five yeaø ¡ue well above tho Inhçipated ICVCIIDC of the contmct; net worth is wen above the anticipated capital costs ~ over the term of contJ:act; and the company bu been profilablc over past five years or pIOfdable over past five years with thIee or more of those years showing a profit. 2. FI""""'¡1Ig Method. Ability of~ p,ancinl plan to meet the needs of the City. L2!!. - no financing method does not seem rc:aJi.stk, implomelltable, or """,i"""le; or was DOt clearly deñned_ Hi&h - The [1\Jancil1g method is Je8SOIIIIb1e aIId imp1emCDtablo. p,_.o11c:JU1'11UAJ1II' _ 5;a pili 7 Attachmf!ßt 2 /y/z" . -~-_.._.__.__._~-_._.- 03-31-94 12: 29PM FROM BROWN, VENCE & ASSOC TO 16195855612 P016!023 COST PROPOSÁL 1. Reasonableness. 'Ihe cost proposal is compreheDSive (covers an expected costs) and is realOP8b1e. !.mi: - C~ propoaal is not compccbcasivo or ia lIIIIeUO»~hl.. for the ~ of serviœc proposed. Bigh - Cost proposal is ~'\ve add costs arc RUODab1c for the typo of serviœs proposed. 2. CompetitiVeDI!SS. The reJatiw-COlllpetitivenea compared ro other proposaJ¡, q" i .g ~ i?: J,.Im 7;.Ços(~~\¡oøa iIot.~ ~ ~~'OI'~ lowest p~9¢on; Medium. Coat proposal offen the secoød lowest price option. Bit!l - Cost proposal offers the lowest price qXlon. 1'JI,'III9SID,-"I\CUrIIJIIA.nBP _ s.c". 8 Auachmeat 2 Irl1 - --------_."..__._..,_.._-~.".."---,,.._._-----_._._..,. .".._-"."..."----_.-,--"',,------'.',,.- 03-31-94 12:29PM FROM BROWN, VENCE & ASSOC TO 16195B55612 P017!023 ATTAa-IMENT3 DETAILED EVAWA110NS OF PROPOSALS CriUlda Evaluation AeauIIa Welahllna I..aIdlaw Mid-American Sexton QUALIFICATIONS 1. Company CJ.I3iíficalions 4 3 3 3 2. Joint venture and telllllÏn9l11'f111'19111YlIt\tII :2 :2 2 3 3. Staff quaJlflcatlons 4 3 2 3 4. underslEndng of local candillons a 3 2 3 5, Client relationShip 1 " 2 3 e, Minority, women and dlsadva1laged business 1 2 3 3 TECHNICAl.. - TRANSFER SERVlOES 1. M8thodoIogy 6 2 2 2 2. FIICIIty çap8C1ty 8 3 2 3 3. Materials 18C0000ry ,,~ . ~ 5 2 1.. . 3 r1", " '~4. 1~~srriltØgý"I'" ITer"" , ((' .0 (\ r;h.('~ ": :'g' 3 "'" . 1 2 TECHNICAl.. - HAUUNG SERVlœs 1. HaulIng IYI8\tIOd SInd ~ 4 3 3 3 2. Hauling information 4 , 1 3 3. CcI'1Ii1gency plan 2 2 1 3 TECHNICAL - DISPOSAL SERVICES 1 ~ l 6 2 2 2 ,. ,. oapac¡ y , 2. ~ facility status 3 .3 3 , 3 3. Indemnificalion 5 2 1 ..,-, 1 ...... .. 4. Tipping fee 2 2 2 2 ENVIRONMENTAL 1. ellW'Onmel1lilllssues " a 1 3 2. Hazardous wast8 management 2 3 1 8 CONTRACTUAL 1. TennB of contract 3 3 1 8 2. RIsk allocation S 3 S 3 3.' Project sd1edul8 4 3 3 3 FINANCIAL 1. FlnanclBl IÌtr8nglh 6 2 S 3 2. Finanelnn ....,ø;od 4 S 3_. 3 -- SUBTOTAL SCORE 85 61 48 66 SUBTOTAL WEIGHTED SCORE 213 172 229 cœr PROPOSAl 1. FIeasa1aI:Ëneæ 7 1 1 S 2. Com 8 ) 2 3 TOTAL SCORE 100 84 51 72 WEIGHTED SCORE 236 195 274 F:\SW\93032.o1\SCORES.WK3 31-Mar-94 AIIact..ISIIlS 1$".2 V . -....--..--......- ---- ..-.-.-.-.. 03-31-94 ¡2:29PM FROM BROWN, VENCE & ASSOC TO 16195855612 PO!8/023 .S! .... ..9 8 I j'! 'ã ~§~ . ~] CI -äø ~ ~t~ .r! '~j ~ (I'j -I 1 Ii R !~$ Ii ~~~ .,¡ ~ .. 9 ....-; ] ~i·i ,,;. ~ .51 It Jj~ \Ø - .. 'ä 'ä - ~ ~ .. .= s 1 j !!ð \Ø .., c> '" ~88 !;Î or ...; ... >D ~ .., ... ... '1.!¡'~.,r·:"J" l~· .. , " ' . ' "'~." .. r: f. \ ,', , " "r' , -: r ~,',; ')"'1 , 'i'l ~"\ 1" j ,h' '~.; ,;",.,. , >~ ' ~¡ ~i ~~ Ii II: .!II .S! i~ .1 j · J I ! .111 :98 :11 ::s"" 1i '; 0 I ¡ !~š i It! ø . ,I s I ~ j .. g... ]:i t i'c :8 R. ~~a ) 1 11 0 § ii - .... ~;i ¡: ~ I j ~~ . s t "'I ... ;g I ò ~ g ,,; '" .., ... I 'ã .! ¡j' .g ... .. .i j !š .. ] ! I ~ ðJ i " 11 ~ .gQ 02. os .J! Ii '"" .,; Iii ø - ... ';1 ·r¡ 1~ ! = :! 2 := 1 18 i e § I '1 ¡.J <=! or¡ §~ =1 u " I. II .. Co § J B ... ~ GO ¡.J! ft! s:~ '" s ~ 21 .... aå § ",j 8~ i. ~ .... ...Z '" ,..J .... i R -a í ~ '1 t ¡ .~ ~ J! .... ·i § '8 ~ J I I .!f .. :!!! JI ~ ! ~ .I:: .! Ii 8 5 {I.I /5~-2/ .... .---.---- _......_._,--~...~-~.__._._. 03-31-94 12:29PM FROM BROWN, VENCE & ASSOC TO 16195855612 P019!023 Ii I, ,If '" I ~] .. .I.: ¡ IJ 11 il 1 .. ¡J n b '" j 'It ~~Î ~1 ] .. ... 1"1 '''j§ J . t .. § ! ! if lal ~1 t g- ~ 'B " '" I) -, . .'. .. 0,\ 11'. I) -: ,_. ~ ... ~ '. ."'- . -'," . 'r: ~"( '!'~.: ": :"~"~~ ~1 ,; ,)",(' It ä a .. 1 .a ~ i J 1 J f ..... ~ ~ i J J ., ·f 1 ¢! - t~ I i $ .. '!II I ... ~ ¡ i !1 ! I 1:;1 z U II~ I ~ Ii ~ ~'~î ,;Jf If .¡ ~ 4:Ï -01> iio8'B ~ .. Iii lUIf1 3 ... .. .. ... ª ! h 11{ "1 1 ~ - s f 1~1 ". IJH t .. § ~ ~ s B02 '.. "' .. ô' ... dr~ ~:ft1 ~~8 ~ i on .,". j ~ J 3 i '" .r I , " I I 'š &:II /f',;.2- . . ___.__._.... .._·..'"^'_..o·'_.·"n...·.·_..._.___..".·,' .,~..... 03-31-94 12:29PM FROM BROWN, VENCE & ASSOC TO 16195855612 P020/023 ~ ì f [ 1 J "I ¡.. I ~ .!3' .j .t ~ ï 11 ;....... "" ] Ii ~I ~ Clt] B! ~ ]8 .... . s"'ft' ~.. ,. ] ;i] kª ~! 'þ ~£î ... Jlj' ~ co ~'! .-- 'iå ~~ ... . Q . 9' ~~ ~~ ¡;~ -- ø: ........ .1. ..' ~ . . ,.' . I . ..... '..,.........'. ...., ~:~' 'L"1·/, 1,>2 -'¡',-.\ " ~, ..":,, "T-· . "-,, r (:' ,r '. -':,' r-"It¡ "," ~S t i ti;l ,.... Ii i 11 Ð · i J 'iI . ~.¡ ilt :; :5! ); JI 'i rJ'-' j i "g.g .. ~.ø I . i ~I ~ ø.~ ... ~ ~j . ... ~ 'i ~ .-..... ~ J · l 00<'1 :::Ñ.~ ...... (Ii)'" u, ~ I . :::I '; : Of $I } ~ I 1 ~i jJ; ., i 8- 1 ¡ ~ ¡'f "" .r ~ ! J ~ 1 I "i ø.:¡ rt is. ~~Î ,;] ~"B '.. sO¡ g'-' . ~ ~~ . K,] .. .. .. ]j 'ªt I ,~ 0 aft ;¡"" N~ "'11 ~ .a~ , !~ ~) ~!î ~:¡ -¡::1 ~""' ~] ~~ ~~ ~ ~. ~ c-i It ~ ~.9 -<'I -.., ... .... ... ... ;¡ - '8 I i 1 ~ ] ~ ! .r ¡ .~ i .c 'i ! 1 ~ ¡ ~ ! ::c ~ VI .. /.5";3 - , --..,----...-."'- _._.-_._..._-_._...._--"--.~_-..-_~-_._- 03-31-94 12:29PM FROM BROWN, VENCE & ASSOC TO 16195855612 P0211023 tE. 1 'd. . ~ 'ot ~I 'Ii I i. i I ~1 ¡!! i" 0- J Iii .!II ¡ .ä I 'I < ~I~ s ti ~ i ø. ~. ~ I .. ¡ , !"ö iJH i J c:i ...¡ ï ¡ j I .B s ij " !~i .... '5 r = i :q Z"O ii ~ ~ ... ,_.. !~'-' :I .¡ . ~ .. f1 e," ,..I),~ I"', '>~"'r "'" T)') (rr¡ 1~ 01:" r::,'~:; : r "1 , ; ".. ¡ , .. d~ § 1 ,~ .~< ci ~ .; .ä I .¡ ~ Ii > j""'i Q '" · II ~I~ .!:Í . 11 .. !'I :g .. II ~ J ) '!~ 1 '" ! .ft il¡ i J . ~ I u I ...¡ ï g ~ ~ ~ ... !.¡ 13 if 1 ¡ :s fl ~ ] . g¡ ~ ::E ~ t~ 1 í . g g - .I~:r~ a- a·1 r ... :I ~ ij~ lf~ ·1 a.t:d-J 0- ~I ~ ~ i .!II .¡ .! .. I ) e.¡ B ~ "'iii'" ""1 Q .!ii' -ã .S f U ...¡ =]ð ..'i! .9!g. ~ 0;:0 õI .g ;i B j ji!¡~ ~!~ -II i .~ ~ I- o U ! ~ 8'1 I 11 tä~J I " I g~1'J .. - i .... gi! .~.¡ ¡; ~ fl ! I b ~ .~ ! I :; J i .! -= .. I ! .f;- .r 0 i' ~ ~ is ¡::; /'>:~1 ..~-- - --_..__._..,-~~---_._-,_.-.-_- 03-31-94 12: 29PM FROM BROWN, VENCE & ASSOC TO 16195855612 P022!023 'It . I J 1 ~ 1 j ) ¡ ãi ãi ãi J :I I: j J j ;g ... ! I ... :! ... ~ ~ :i ~ ~ . .. I ' '\'!..~ --?t 1?'':,''1!"'" :I'~' ';1'') 111\T ?'7'~-" ~ , ~ ",', ( IT'11 ~~!f'!::,"'~'~~;~ ro""o',' ~ I I :9 Î ~ ! .!i i ,¡ i :s ~ iI i .. .2 .2 'ii ~ - ¡ ~ ¡ J ~ 8: ~ ~ i II> iii' .. ~ ~ :i ... ... :! ~ :! z ~ ~ ... ~ t I I -i- 0 œj . ~ .i: .., ] 111 .11 ,~ ] l:' S '\I "I [ð ~ .~ jI¡ ¡¡~1 ·1 " III! D ~ Õ :;; ::.s ¡¡¡ I' "''Ø, 'II I t i! t ~ ...¡ 1] ~. 1 I l ,a ,a 8. ri .. ~ ...¡ 1# ·I§ J Iii .':g B I. l~'o~ I i '1 d ~ :;; l I ¡.~~ ]g i ] ! :=ð~ :é<i t a ~ ..; a ! ... ,~ - 4! ~ I 'i J II: - .! ¡¡, 0 f oi! 1 111 ! IS 'II l:o j .r I ~ 'i 'I ! ~ is ¡¡, .. .. /f--.2's ._..._ _. 0'·.. .. ..,.. ._..__....._....,.,.,....._.._._____...____.__ 03-31-94 12: 29PM FROM BROWN, VENCE & ASSOC TO 16195855612 P023!023 ATTACHMENT 6 COST COMPARISON COSTS ÞS PRESENTED IN PROPOSAlS Laidlaw Laidaw MicI-Americln Sexton Sexton Truck hall Rail haul TRJCk haul Truck hall Rail haul NormalSlls Dlfllcult SiIø Transfer services c.piIaI çoat$ $7,206,000 $8,026,000 $3,541,110O S4,580.838 14.580.838 Annual O&M $2,406,9GO $2,526,239 $620,960 $1.266,793 $1,266,793 Tlppingf8e ($/ton) $18.87 $19.84 $5.90 $10.54 $10.54 HaIlIng servi:es Capltlll costs SO $1,000,000 $1,493,000 $0 $0 ArnJaI O&M 82,236,364 $2,281,619 $1,647,675 $1,883,000 $3,060,750 Tipping fee ($/Ion) $12.80 $14.65 $11.94 $10.76 517.49 , Oisposal $25.00. J. $26.00 $26,00 $26·00_ . $26.00 ,', ": ¡ ..(; i. : f' , ':: ~ )'" "~ "., "" "1;';'\' . ~'r'"'- \ " ,~ ('\ I m Î '''; ~ "r: ('\ -. - " '1', Total TI Fee 47 .49 .84 .30 $$3.09 COSTS ÞS CALCULA1ED BY BVA* L.aidI8W laidlaW MId-A.rn8tk:1II1 Sexton Sexton TlUCkhaul RaIl haul Truck hall Truck haul Rail haul Normal Site . OIIIICUI S'1Iø 'rPllΊf8rservlces . CapbI costs $6,124,691 $5,871 ,832 $3,159,761 14,&97,609 $4:742,907 Annuå o&M $2,406,990 $2,525,239 $620,960 $1 ,266,793 $1,266,793 Tlppl/10 fee ($/ton) $17,21 $18.39 $6-68 $10.41 $10.44 HaLlIng seNlc8s Capkal costs SO $1,000.000 $1,493,000 $0 $0 Annual O&M $2,236.364 $2,261,519 $1,647,676 $1,883,coo $3,060,7S0 Tippng fee ($I\on) $12.78 $14.67 $12.02 $10.76 $17.49 $2S.oo $26.00 $25.00 $26.00 $26.00 Total Fee $54.119 $59.OS .69 $46.17 $62.93 cost proposalP n_ been ~d to exctIde the land costs, cower II two week staIt up and acceptance f88IIng period, and use a standard med1odology far calculalk'lg amOlllz8d capital. !MId costs \\'111 i1crease the tipping fees by approximatBly SO.70 to $1.50 depending en . 8Iæ and propertyVBlU8. F;\SW\93032,01\COSTS.WK3 AUachment 5 /Y4(, .- -- '- -----.,.-"."-..---.---- - --- ----~_._-- -,-~.~_._"--~_. ~ Ie:: - I, Q_ì ,r- '----J 1'-..- iI OFFICE OF TIlE PROSECUTING ATfORNEY FAIRFIELD COUNTY, OHIO . 323 East Main Streel, Lancaster, Ohio 43130 PROSECUTOR ffD ~1f'-- · 'u "", ~oœ David L. Landefeld February 16, 1994 Assistant Prosecutors Mark McDonnell Gtegg Marx Health Commissioner Roy E. Hat! Fairfield Coùnty District Board of Health ludilh L Edwards 1587 Granville Pike lames A. Edwards Lancaster, Ohio 43130-1038 Paul D. Morehart Julie A. Searls Re: Irrevocable letter of credit by Mid American Waste Investigator Norman E. Ream Dear Mark: Thank you for your letter of February 15, 1994, asking our opinion as to how to proceed with Mid American in relation to the obligation of FSLI and Mid American to increase their letter of credit by $50,000.00 this ýear, in light of the fact that Mid American cannot obtairi a new tetter of credit for the additional $50,000.00. It is my understanding that Mid American is willing to pay $50,000.00 cash to the county in lieu of a letter of credit. It 'would be my opinion and the opinion of this office that we would be able to accept the $50,~0.00 cash payment and we would rècommend that it be paid to the county auditor into . a special interest bearing account upon which the county and the hea~th department could draw within their discretion on an Unconditional basis. We would further suggest that the interest be held on an accruing basis in the account rather than paid as earned, in order that the county might utilize the interest should closure funds be required by the county. On the other hand, if the closure funds arc never needed, the interest and cash could be returned at the appropriate time to FSLI and Mid American. Furthermore, if Mid American resolves its credit problems, it .could later sµbstitutc-a.$50,OOO.00 letter of credit .for the,caSh and interest on deposit, and in which case, we wóuld pay the interesi earm:ù iù Mid AmericaI1.Plea>« icvicw this with the Board and with Mid American to see ifthese suggestions arc acceptable.· If so, we would be happy to facilitate the legal documentation necessary. vny yours, Roy & ~ REH:lkb Assistant secuting Attorney !r--d-7 -..---...--- "-- ..._--_..__...__._~_.._.._..- g;.t-.. ""0 _. Cl. _ 3 :;." -.::E cr- - r:r~ ('J : r¡; C1~ ~ (\) - ::I 3: =. o ~.... 0 ~ a. ,-,," ,., _.0 --< D:J I g,¡;';:¡:O"Õ'''::E~' a."> æ'< r::.I:J. "-' " ~ ,," _. , . ",,:r;¡$:õi5.>i5..~>;:¡J$: m~ o(!). _ ,"' . _. <. "0 "-,. > · - " " . ~, ç' < ' , ,., .' z . ~ ~ î' ~ " _" >" " " ::;" _. 0 G'> m µ :;. 5 g a. ~ ¡;.oõ· a. i> g, ¡;; ç; > ~.- ~ ::,.,~:':>~<10"'''~ " I ."m ~ ,.,_.,,__ ~cr- ~ _< I .'''''' "" :;.;:;.,,'< ::E::E - ~ ,_ ,,_'" ~.,,» -C . '" a. 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' , ,,= Suit settlement means lower cost for trash P\Ç!}!jJ By TOM BRECKENRIDGE "There is a war between the two PLAIN DEALER REPORTER conglomerates:' Mason said. "Tax- PARMA payers should be the beneficia- Parma taxpayers are the win- ries." ners in the ongoing battle for their BF! is satisfied with the set- trash. tlement, said spokeswoman Pam- The city and Mid-American ela BroWTIer. "There is some disap- pointment" in losing the three- Waste Systems of Ohio Inc. an- year pact, she said. "but again the nounced yesterday that they have city has chosen BFI to work for settled a lawsuit the company them." brought last fali. Mid-American , sued after the city awarded Brow- BFI has had the city's business ning-Ferris Industries of Ohio Inc. since 1980. a three-year contract to pick up Mid-American spokesman Jo- trash at the city's 29,000 homes. seph Rice said Mid-American ís The two waste-hauling compa- also satisfied with the settlement. nies have been battling city by city The two companies lobbied hard in Cuyahoga County for lucrative trash pacts. Parma got caught in for the contract. On the night City the fray when Mid-American Council voted, Mid-American offi- charged that Parma City Council cials parked eight new trash trucks acted improperly in awarding the in the City Hall lot to show they contract ·to BFI when a bid from were ready for the city's business. Mid-American's subsidiary was City officials had misgivings $449,000 less over three years. about Mid-American's bid, fearing Under the settlement, the city the company would somehow cut will give BF! a one-year contract back on services or hike its costs to effective Feb. 1, according to make a higher profit. Parma Law Director William Ma- , City lawyers said they becam~ son: The city will rebid the con- tract in four months and will even more suspicious after a depo- award it by Dec. 31, Mason said. sition was taken from former Mid- American general manager Teny BFI will pick up the city's trash Thompson. Thompson said the for $2.71 million under the one- company's monthly, per- year contract, $60,000 less than it household bid for Parma's busi- would have charged per year un- ness - $7.11 - was based on the der a three-year deal, Mason said. July 11th birthday of a boss' City Council is expected to ap- daughter. . , prove the settlement Monday Mid-American lawyer Robert Ca- I night. sarona characterized Thompson as The two companies are expected a disgruntled ex-€mployee. The to bring in even lower bids later company does not bid frivolously, this year. Rice said. -" " . r /~-d--7 -----.. ___..__.__n ..._.__..____....__.... iflH . U· ~¡ .~ . ~ fU~HJi~~ h.y:,. : i tw Iall if ~, ~š ~ n~J ht1r' 3 F:~ i ~ti~ ~f~·J. r -. f t ~ I Jtl .h i;;' -. ~i ~JrJ.R c:> æ§!"'¡ .lìfJ p, ;;;r!~h :h~ ::s I~ff ~.~ ~, [ . . . . ~p·!!"f·.n." ~ r ~ UJ l' ~ b,·~n.¡uf Q3 ~ ~:!Œ!%h I iIt!ihH~f!['¡ en -"tr~r~ } .,,·[,L · ~'í t = II '" jt.f [ .If ¡ttrl · i'l. :::::r' "'ir · [ , , · ! == ~n . i~¡ {~ s: .iJ _HU ~ ;¡,';!l' I[ ~'lrt'Umi't~~n 8 a u~'!: l' t!.~t'fl"'r·fP id~.i~II~ W1t.i:n¡.11 a ,~.. 'i · r~ i' .! " I · ... = þ _ ¡ ~n 8"S" 8:.. ÞI,~!l"'ìl.:iS"S" ¡;; pI"" 'I ~ r dril!~~ì ¡ m ~ .~. f~' ~I · ..1 ti! , s¡ ~.~; Mtit · mf .'f , " II itilNi ! ti'hUh'f;il -. 'eI ,I J... f' I · II i~'i' ,·t· CD ø . '1~' ¡ I t' " " ~. _ <:> fl' f( ,:¡'~ ~r it Jr' .~ f¡~~! lhr O'Q. "'= , ~i ,}.l ; f i'~~¡ ¡;.} D) ;:..; . . ~, f:U ~¡ ! L!h Iti' Ft _,~_' f ~ t:~ H f~ ~ .... : en rr- i:I: I$.- -áO ~ r;~ s· Ki í, 1 ~:;cI I, CI'J -- - -... ------------- The following perspective bi KGTV (Ch 10) News Anchor, Stephan Clark aired on February 24, 994: CAMPO DUMP 2/24/94 IF YOUR NEIGHBOR STARTED PILING UP TRASH UP IN THEIR BACKYARD, YOU'D BE GæCERNED. IF THAT TRASH STARTED SPILLING OVER INTO YOUR BACKY ARD, YOU'D BE ANGRY. BUT, IF YOU LIVED AROUND THE CAMPO INDIAN RESERVATION, YOU'D BE OUT OF LUCK. THE CAMPO INDIANS ARE TRYING TO LEASE A CHUNK OF THEIR RESERVATION TO A WASTE COMPANY TO TURN INTO A DUMP. I DON'T HAVE A PROBLEM WITH THAT... IF THE INDIANS WANT TO TURN THEIR SACRED LAND INTO A DUMpn FINE BUT WHAT WORRIES ME-- AND A BUNCH OF PEOPLE WHO LIVE AROUND THE RESERVATION AND THE MEXICAN GOVERNMENT-- JUST ACROSS THE BORDER- IS WHAT COULD LEAK OUT OF THAT DUMP... TOXINS AND HEAVY METALS THAT COULD SEEP INTO THE GROUND WATER THAT SPREADS FAR BEYOND THE RESERVATION. THE WA Y THE LA W WORKS, THERE IS A GROUP WHICH IS SUPPOSED TO ASSESS THE POTENTIAL ENVIRONMENTAL IMPACT BEFORE THE DUMP IS ALLOWED... BUT GUESS WHO DOES THAT ENVIRONMENTAL STUDY. THE CAMPO INDIANS! THE SAME PEOPLE WHO STAND TO MAKE MILLIONS OFF THE DUMP. TALK ABOUT THE FOX GUARDING THE HENHOUSE! THE ONLY GOVERNMENT AGENCY THAT CAN STOP THE DUMP IS THE U-S DEPARTMENT OF INTERIOR, BUREAU OF INDIAN AFFAIRS... BUT THEY'VE ALREADY APPROVED IT. CERTAINL Y THEY WOULDN'T APPROVE IT IT IF THERE WERE A RISK, RIGHT? DON'T COUNT ON IT. THIS IS THE SAME BUREAU OF INDIAN AFFAIRS THAT IS PRESUMABL Y RESPONSIBLE J FOR THE MESS IN RIVERSIDE COUNTY. NEARLY HALF A MILLION TONS OF SAN DIEGOS SEWAGE, FOR YEARS, HAS SAT IN A HUGE PILE ON THE TORRES MARTINEZ INDIAN RESERVATION NEAR THERMAL. IT'S UNSIGHTLY, IT STINKS, AND WORSEn TWO STATE AND LOCAL WATER AGENCIES SA Y IT IS CONTAMINATING PRECIOUS GROUND WATER NEAR PALM SPRINGS AND INDlo. BY-THE-WA Y- ITS A BOONDOGGLE THAT MA Y COST SAN DIEGO TAXPA YERS MILLIONS 10 CLEAN UP-- NOT TO MENTION THE POTENTIAL HEALTH RISKS TO RESIDENTS. SOMEHOW, THE BUREAU OF INDIAN AFFAIRS FELL ASLEEP AT THE SWITCH ON THAT DUMP. THERE'S NO REASON TO BELIEVE IT'LL BE ANY DIFFERENT ON THE CAMPO INDIAN RESERVATION. OUR COUNTY SUPERVISORS HA VE GONE TO COURT TO TR Y TO STOP IT-BUT THE COURT SA YS IT HAS NO JURISDICTION. A TOOTHLESS LAW WAS PASSED LAST YEAR IN SACRAMENTO ASKING THE INDIANS TO GET A STATE PERMIT-- BUT IT DOESN'T REQUIRE IT. THE ONLY HOPE IS THAT THE MEXICAN GOVERNMENT DECIDES TO MAKE AN INTERNATIONAL ISSUE OUT OF THIS-- AND FORCE THE CLINTON ADMINISTRATION TO PUT A STOP TO THE CAMPO DUMP. BUT FOR NOW RESIDENTS AROUND CAMPO ARE ANGRY AND SCARED-· AND WHO CAN BLAME THEM, THEY'VE SEEN THE MESS THE BUREAU OF INDIAN AFFAIRS HAS LEFT IN THE DESERT. I'M STEPHEN CLARK AND THATS MY PERSPECTIVE. /;,,- - 'ð-J -----.. - --- - ---~~--------------------------_._------_._----,-_.. 0.- INDWELLER - INfrastructure Dealing with Waste WELL Earth Restoration a non-profit mutual benefit corporation PUBLIC HEARING ON LOCAL CONSISTENCY CHECKLIST FOR THE REGIONAL GROWTH MANAGEMENT STRATEGY AND CONGESTION MANAGEMENT PROGRAM 4-5-94 According to the "Regional Public Facilities Financing Plan" now in draft form presented by the San Diego Association of Governments, among the quality of "Life Factors" is solid waste. Solid Waste Disposal Costs Solid Waste Disposal costs will average $291.0 million/year. The draft report states, "That would represent a 704 percent increase in annual costs." "Facility costs do not include the costs associated with debt financing or landfill closures. Refuse disposal fees or user charges fund operating and maintenance and capital cost for new landfill disposal sites and closures. " "Capital costs are generally more accurate than the operating and maintenance costs." Please review the Economic Prosperity elements of the Regional Growth Management Strategy when: 1. Revenue sources, from both existing and future population share of regional facilities costs has been determined. 2. All revenue funding mechanisms are identified and prioritized. Essentially, for regional facilities with projected funding shortfalls. 3. Establish legal authority structured to collect revenue sources, such as the redevelopment agency. 4. Take advantage of the GAP provisional permit planning process, which is the local control to establishing new facilities. (The GAP will end upon establishing legal authority and adoption of the County Solid Waste Management Plan.) 5. Reject amendments to the Regional Solid Waste Management Plan becausethere are inconsistencies with the recommended actions. (June 25, 1993) The reports such as the Economic Prosperity element of the Regional Growth Management Strategy is not complete because it has not identified the impact of increasing revenues on population, employment and unemployment, personal and household income, housing affordability, and operations and maintenance costs. Furthermore, impact of those costs as they relate to other regional facilities, such as ReQional Parks/ODen Space at $2,114 per acre, and Social Service Programs estimated to cost $12.2 million per year based on $300 a square foot. Another State mandate and Federal statutes and regulations with funding sources. Don't you think it's time to resolve these inequities and adopt a Strategy to incorporate regional fees into a local planning effort. Chula Vista needs to be established as the beneficiary of it's own waste stream, generate revenues through resource recovery and make private contracts responsible for there own debt service. 1433 Nadon Avenue, Chula Vista, CA 91911-5513 PHONE (619) 422-1145 FAX ¡..!;"" - 5' d- -.- ~_...._-~._..~.- --.-.-.-...'-....".--"--.-.--..-..-..- - '0.., ';'" ~ \ ---' April 5, 1994 City of Chula Vista Council Teresa Aland City Manager's Office Mother-A-Land 276 Fourth Avenue 1433 Nacion Avenue Chula Vista, CA 91910 Chula Vista, CA 91911 619-691-5031 619-422-1145 COUNCIL ACTION ITEM 15. REPORT UPDATE ON SOLID WASTE ISSUES AND EVALUATIONS OF PROPOSALS FOR SOLID WASTE SERVICES What has changed since accepting proposals for evaluation? My proposal was accepted because it represents social, economic, and environmental planning; which includes being a local, minority business and a non-profit support organization (INDWELLER) for the planning of solid waste management services. Isn't the whole point of this RFP to evaluate those processes? Wouldn't it again be premature to eliminate proposals before the economic and environmental analysis? If you recognize that this is not the proper RFP, as the Interim Solid Waste Commission has just concluded, along with the California Supreme Court; then, isn't is appropriate to accept a private proposal separate from this RFP? Let me point out that I did privately propose facilities, at considerable cost, last year. The planning was timely and only premature by Council Commitment and City Management. Now, it's a little late, but I will still pursue my facility with legal counsel at an expense to the City and myself that I don't wish to incur. Teresa Aland, Dba Mother-A-Land Mother-A-Land Recoverable Resource Management 1-800-310-4-GREENS ~-¿J3 ,~, -_.~---- -" -~..._._,,_. .---.-- COUNCIL AGENDA STA1EMENT Item /¿, J?a.Jf(, Meeting Date 4/5/94 ITEM TITLE: Resolution Appropriating $3,720 from the unappropriated balance of the General Fund to support several projects proposed by the Cultural Arts Commission. 0 SUBMfITED BY: Director of Parks and Recreatio~ (4/5ths Vote: Yes X No--J REVIEWED BY: City Manager JCj I{) (i~ The Cultural Arts Commission is interested in pursuing a number of projects that will enhance the Commission's ability to provide a variety of services for the community. Funding for these projects is not included in the Commission's Fiscal 93-94 budget. This report is a follow-up to previous Council direction. RECOMMENDATION: That Council adopt the resolution allocating $3,720 to offset the proposed project expenses. BOARDS/COMMISSIONS RECOMMENDATION: The Cultural Arts Commission requested funding to support six projects and activities at the Council meeting on March 15, 1994. The Commission supports this request for funding. At their meeting on February 8, 1994, the Cultural Arts Commission voted to send a funding request to City Council requesting support for a number of projects that the Commission wishes to pursue. DISCUSSION: At their meeting on March 15, 1994, Council reviewed the request from the Cultural Arts Commission to allocate $10,645 to offset the projected costs of six proposed projects. Council reviewed the request, and referred the item back to the Commission and staff for re- evaluation, and to identify the projects that require funding in the current fiscal year. The Commission, working in conjunction with staff, was able to identify which projects would occur during the 1993-94 Fiscal year. As a result, the funding request has been reduced to $3,720 for the current fiscal year. The Commission will, however, be submitting supplemental budget requests for consideration in the FY 94-95 budget process. ACTIVITY CALENDAR The Cultural Arts Commission has successfully produced and distributed two activity calendars in the past five months, and is currently finalizing arrangements for a third calendar that will be distributed early this month. These calendars provided valuable information regarding arts and cultural activities taking place in the City, as well as in the south bay. Based on the success of the first two calendars, the Commission would like to produce a bi-monthly activity calendar on a regular basis. The Commission believes that the calendars will enhance the quality of life of the citizen of Chula Vista by increasing awareness of arts and cultural opportunities. The calendars would support the artistic endeavors of artists and arts groups in Chula Vista by publicizing their activities, exhibitions, and performances. The bi-monthly calendar would encourage cultural tourism in Chula Vista, and would provide a much needed service to the community, as there is no other broad-based, community-wide, wp\cacfund.113 1 /'-j -. ------" . --~-,._--,.__._,_.._"._- "._--,._,-,."------,.....^'~.,..,..- free and centralized source of information for the arts in the city. A committee of volunteers has been formed to accomplish most of the labor-intensive data collection and corroboration. The current year funding request is for $590, which will offset the costs of professional design, lay-out and printing of the June/July activity calendar, and postage to distribute the calendar to approximately 500 individuals and groups. Additional calendars (approximately 15(0) will be distributed through City facilities, and various community organizations. NATIONAL ASSOCIATION OF LOCAL ARTS AGENCIES CONFERENCE The Commission wishes to send one Commissioner to the National Association of Local Arts Agencies (NALAA) Conference in Fort Worth, Texas in June of 1994. The Commission has sent Commissioners to the last three NALAA conferences, and the Commission feels that attendance at this conference is very valuable in assisting the commission develop programs, formulate policies, and pursue funding sources for a number of arts related projects. / The conference costs include tuition, airfare, and lodging and meals for the 5 day conference. The total cost is $1,850. , GRANTS AND FUNDRAISING The Commission is also requesting staff support to assist them in pursuing grants and other outside funding for projects that will take place during FY 94-95. Although the projects are not actually being initiated during the current fiscal year, the Commission believes that partial or full funding for the projects may be available if funding sources are pursued during the remainder of this fiscal year. The request for staff support is $1,280. This funding amount will pay for the following work tasks: Funding for activities to celebrate National Arts and Humanities Month The Commission would like to capitalize on the success of last fall's National Arts and Humanities Month declared by President Clinton. The Commission joined the campaign, and community support bolstered the effort. The Commission would like to sponsor and support the 1994 campaign celebrating Arts and Humanities Month next October, and is proposing programming that will promote family involvement by offering fee-free cultural events. The Commission has identified several potential sources of funding, including S.D.G.& E., the Parker Foundation, and the California Writers and Poets Project. Funding for Planning Consultant The Cultural Arts Commission believes that it has a duty to do as professional a job as possible in assessing the needs of the community and advising the City Council as to the cultural arts in Chula Vista. In order to enable the volunteers who serve on the Commission to function on a professional level, the Commission would like to retain the services of a consultant to assist the Commission in planning and needs assessment. The California Arts Council and the San Diego Community Foundation are potential funding sources for consultant fees. Funding for Arts Consultant - Outdoor Sculpture Survey The Commission is requesting the services of a professional consultant to survey Chula Vista's public art and determine to what extent our public sculpture has been damaged and what funding will be necessary to restore and maintain these art pieces. This is a logical secondary step to continue the wp\cacIund.l13 2 /¿ -.2 - _.._---"- ~ -~ ~_._-_...._------ awareness of outdoor sculpture. The Commission has identified the Andy Warhol Foundation, the San Diego County Community Enhancement Fund, and the San Diego Community Foundation as possible funding sources. The research, preparation, and submittal of these various funding requests is estimated to take approximately 80 hours. The dollar figure assigned is based on the current salary of the City's part-time Cultural Arts Coordinator. However, due to the current and projected workload for the remainder of the fiscal year, and due to the limitations placed on part-time employees (unclassified part-time employees without benefits may not work in excess of 999 hours per year due to regulations within the Public Employees Retirement System), the Cultural Arts Coordinator will be unable to pursue these funding sources. Should funding be approved for the grant writing portion of this request, the Cultural Arts Coordinator or another qualified individual could be retained on a contractual basis to pursue these funding sources, or a part-time specialist could be hired to complete the tasks. FISCAL IMPACT: Approval of this resolution would require the allocation of $3,720 from the unappropriated balance of the general fund. Attachments: Excerpt from Cultural Arts Commission meeting minutes - 2/8/94 ~;~ Excerpt from City Council meeting minutes - 3/15/94 r:,C ~O~ wp\cacfund.l13 3 /¿':J ---.,..-.- ._~~.--._-_._- RESOLUTION NO. I?"'!¿' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $3,720 FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND TO SUPPORT SEVERAL PROJECTS PROPOSED BY THE CULTURAL ARTS COMMISSION WHEREAS, the Cultural Arts Commission is interested in pursuing a number of projects that will enhance the Commission's ability to provide a variety of services for the community; and, WHEREAS, funding for these projects is not included in the Commission's Fiscal 1993-94 budget; and, WHEREAS, the following projects and costs are proposed to be funded through the Cultural Arts Commission: Bi-monthly activity calendar on a regular basis $590.00 Consultant to assist the Commission in developing long range plans to implement goals 1,280.00 Participation in the annual National Associa- tion of Local Arts Agencies Conference 1.850.00 $3,720.00 NOW, THEREFORE, BE IT FURTHER RESOLVED the City Council of the City of Chula vista does hereby appropriate $3,720 from the unappropriated balance of the General Fund to support the projects listed hereinabove as proposed by the Cultural Arts Commission into the following accounts: $1,280 into 100-0126-5201; $445 into 100- 0126-5211; $145 into 100-0126-5218 and $1,850 into 100-0126-5221. Presented by ao ~ Jess Valenzuela, Director of M. Parks and Recreation Attorney c: \rs\cultarts /~-~ "----_._._.,,_.....~.._----------_..---,~--,.,,---- ~ , . MINUTES OF THE REGULAR MEETING OF THE CULTURAL ARTS COMMISSION Tuesday, 5:00 p.m. Parks , Recreation Conference Room February 8, 1994 city Hall .......****.***...**.. CALL MEETING TO ORDER ROLL CALL MEMBERS PRESENT: Chair cernitz, Commissioners McAllister, Pelayo, Scott, Souval, and Wheeland MEMBERS AtiSENT: commissioner Castillo and Torres STAFF PRESENT: Staff Liaisons Gates, McMartin and Shaw 1. APPROVAL OF MINUTES MSC [Cernitz/Wheeland] (Castillo/Torres absent) 6-0 to approve / . the minutes of January 11, 1994. 2. UNFINISHED BUSINESS Non-Action a. Request for Project Funding -Staff needed clarification of the direction the Commission agreed on at the last meeting for the preparation of requesting project funding. MSC [Cernitz/McAllister] (Castillo/Torres absent) 6-0 to formally have the Commission direct staff to put the information into a report and forward to council as soon as possible, with the Commission's assistance. b. Festival of the Sun - . The 1994 "Festival of the Sun" report was distributed at the last meeting. The Festival is scheduled for Saturday, May 21 at the Memorial Park. The Commissioners were asked to review the draft and be prepared to discuss the Commission I s involvement with the Festival. . The Commission was interested having a Cultural Arts . information booth and sell T-shirts at the Festival. /¿.....r Minutes March 15, 1994 Page 10 Mayor Nader stated Mr. Garcia was correct, he did not consider it adequate notice bul it was legal. If Mr. Garics had better suggestions on how to notifY the public regarding special meetings Council would be open to consider them. There were legal standards as to what Council could find as a matter of urgency. Mr. Garics questioned whether Council had complied morally. He would like to see the cameras pan the puhlic during the meetings so the television viewers could see the atteodance al the meelings. BOARD AND COMMISSION RECOMMENDATIONS . 13. RESOLUTION 17420 APPROPRIATING $10,645 FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND TO SUPPORT SEVERAL PROJECTS PROPOSED BY THE CULTURAL ARTS COMMISSION - The Cultural Arts Commission is interested in pursuing a number of projects that will enhance the Commission's ability to provide a variety of services for the community. Funding for the projects are not included in the Commission's Fiscal Year 1993/94 budget. The Commission recommends approval of the resolution. (Cultural Arts Commission) 4/5th's vote required. . Melody Cernitz, 182 Sierra Way, Chula Vista, CA, Chair of the Cultural Arts Commission, requested approval of the resolution appropriating $10,645. The Commission was before the Council as a result of the presentation of their workplan and Council's encouragement to go back and propagate the arts in the community. She then reviewed the activities undertaken since they appeared before Council last fall. Mayor Nader questioned if it was anticipated that the entire $10,645 would be expended prior to lune 30th, i.e. the current fiscal year, or if it was a set of projects that would be continuing over some period of time past the fiscal year. Ms. Cernitz stated the origina1 draft turned into staff was labeled for calendar year 1994. It included activities that they wanted to start on tomorrow as well as activities that would be presented in October. Mayor Nader questioned whether there were changes in what the Commission had submitted to staff and what was submitted to Council. Ms. Cernitz stated in general it was very close to what they had presented, there were no substantive changes other than the reference to calendar year. Mayor Nader stated that was significant as it altered the nature of the request as to how Council would do the hudget appropriation. He admonished staff and commissioners that the reason board and commission recommendations went straight to Council was so they could entertain those as recommendations of the commission rather than recommendations of staff. Because some of the projects would extend past the fiscal year he questioned if it would work to make it an appropriation that would extend into the next fiscal year, i.e the funds would be available through FY 1994/95 or alternatively have an appropriation of a lesser amount through the end of the current fiscal year and deal with the balance as part of next years budget. Ms. Cernitz felt it would be more appropriate to approve the full amount to extend through the next fiscal year. Councilmember Fox questioned if staff had reviewed the specific requests regarding justification. Jess Valenzuela, Director of Parks & Recreation, responded they had not. Councilmember Fox stated there appeared to be another issue that would he needed for the current fiscal year, i.e. the conference money. He questioned if the amounts listed were supplemental to the monies anticipated from outside sources or if it was the total amount needed. /¿ -¿. -,.--..- ~_..._- -----_.-- -- ~ Minutes March 15, 1994 Page 11 Ms. Cernitz responded that it was the total amount needed as there was no guarantee there would be outside funding. . Arch McAllister, 1739 Elmhurst, Chula Vista, CA, Cultural Arts Commissioner, stated his subcommittee bad recently conducted a survey on outdoor sculpture as part of a national project Save Our Outdoor Sculpture. They bad identified fourteen pieces that qualified for the SOS project. In that request for additional funding they had requested money be set aside to determine what needed to done to the assets within the City limits to have them refurbished and brought up to the standard they should be. There were several sculptures that were in a state of decay and they deeded to· determine what course of action was needed to restore them. The funding was for someone to come into the City and survey every piece of outdoor sculpture and determine a maintenance plan. Councilmember Moore stated most of the art was through a percentage of the redevelopment project and questioned if there was a policy regarding the maintenance once it was in place. He felt staff should look through the development agreements. City Manager Goss believed the maintenance fell to the owner. Those sculptures on City property would be the City's responsibility. Councilmember Rindone stated he had reviewed the job description for the Cultural Arts Coordinator and there was no mention of obtaining grant funds for that posilion. He felt that was the intent of the Council when the position was originally appointed and should be a critical element in the joh description. City Manager Goss stated when the recommendation was made to Council, one of the major components was to try and seek grant funding to make the program self-supporting and not rely on the General Fund. Mr. Valenzuela stated it was included under ·Coordinating Responsibilities', item 2, 'lnitiating of Grant Proposals'. The Cultural Arts Coordinator had assisted the department in the application of several grants which were currently pending. She was currently working on several other grants. MOTION: (FoxlNader) to approve the staff recommendaûon, as per the 3/1/94 m....orandum from Mr. Valenzuela, and bifurcate those requests that require funding for the present fISCal year and ask staff to return within thirty days with their recommendaûons on those requests, i.e. the bi-montbly acûvity calendar and the conference along with any others that needed funding in the current fISCal year. Mayor Nader stated if Council passed the motion on the floor, with the understanding that the Commission would be working with staff to develop the report to come back to Council, if it would create any problems in implementing any of their projects. Ms. Cernitz felt that would be fine. Councilmember Moore questioned what the expected goal or gain would be from spending $1,850 to attend the national conference in Texas. Ms. Cernitz stated she had attended the last two conferences and had brought back information, ideas, inspiration to continue the battle, and contacts. Councilmember Horton stated she would like to see the Commission focus more on the youth if possible. She recommended that a member of the Commission contact the Youth Activities League also. Mr. Valenzuela stated staff would look at wbat would be expended during the current fiscal year, such as the arts calendar and conference, and retum with a report identifying what would be in the current fiscal year and what could be in the next fiscal year. Councilmember Fox stated that was then intent of his motion except it was not to be limited to those two items. /¿,7 ~-_.__.,.-- ----" -_."-------- - -~._--~~---------_.._- Minutes , March 15, 1994 Page 12 City Manager Goss stated the item could be brought back in two weeks at the Special Council MeetinglWorkshop to be held on the fifth Tuesday. Mayor Nader stated he had not been notified of the meeting and had a previous commitment. He noted the item would take a 4/5th's vote to pass. Councilmembers Horton and Fox requested that the item be brought back in three weeks. Councilmember Moore stated he had a problem with anyone coming before Council mid-year with a budget unless it was an emergency. Budgets should have to compete with the overall program. VOTE ON MOTION: approved 4-1 with Moore opposed. 14. RESOLUTION 17421 ACCEPTING THE QUARTERLY REPORT FROM THE ECONOMIC DEVELOPMENT COMMISSION, APPROVING THE WORKFORCE DEVELOPMENT TEAM THREE- YEAR PLAN AND AGREEING TO CO-SPONSOR THE SOUTH COUNTY WORKFORCEIEDUCATIONAL DEVELOPMENT CONFERENCE IN PARTNERSHIP WITH SWEETWATER UNION mGH SCHOOL DISTRICT, SOUTHWESTERN COLLEGE, AND THE SAN DIEGO CONSORTIUM AND PRIVATE INDUSTRY COUNCIL - The report is a quarterly progress update from the Economic Development Commission (EDC) and will be presented by Chairman William Tuchscher. It is the second such report and follows the initial report made in November of 1993. A report will also be made by Workforce Development Team (WDT) Vice Chairperson Mary Wylie, Director of Southwestem College Small Business Development and International Trade Center on the EDCIWDT's Three-Year Plan. Staff recommends approval of the resolution. (Director of Community Development) Conûnued to the meeûng of Marth 22, 1994. IS. REPORT TASKS, FUNCTIONS AND GOALS OF THE VETERANS COMMISSION AND REQUEST FOR PERMANENT FORMATION OF A COMMISSION Robert McCauley, Chair, and the Veterans Advisory Taskforce, 1987 Bucknell St., Chula Vista, CA 91913. . Robert McCauley, Chair of the Veterans Advisory Task Force, requested Council approve their request for formation of permanent commission. In their report to Council they had left out the information regarding the composition of the commission and noted it would be a four year staggered term. Councilmember Moore stated he had expected more from the report, i.e. the make-up of the commission (males, females, retired or experienced military, officers or enlisted), pro's and con's of duplicating what was currently being done by other organizations, cost of the commission, communications, and what they could do to assist those in need that were in the military, retired, or dependents of military. He wanted to know who was doing it now and if the commission could do it better if they were going to assist. Mr. McCauley responded they hoped to have one active duty military and four honorably discharged veterans, but they were not in the position to select those to serve on the commission. What they failed to state was that they wanted. They were not trying to duplicate any services that were currently in place. Councilmember Rindone stated he concurred with Councilmember Moore. Whenever a new commission was proposed the trial period of one year was very important. Council had seen committees, commissions, and task forces not clearly defined. He was under the impression the task force had been created on an interim basis for one year to complete that task. He felt it needed to be clarified as to what their tasks would be. Mr. McCauley stated he questioned some of the paperwork the Council wanted to put them through in order to say they wanted to help the City. They tried to list those items in their report and all the Commissioners agreed that was a way in which they could help the City. The Commission would serve as an information resource to the City on Council matters relating to policy on veterans programs. I¿-'/' - _..n..'_" _. __..... "___..___,____.__.__.,______",______ COUNCIL AGENDA STATEMENT ltem-12 Meeting Date 4/5/94 ITEM TITLE: a) Resolution J 7'11/7 Approving the Engineer's report for the FY 1994-95 spread of assessments for City Open Space Maintenance District No. 10, declaring the intention to levy and collect assessments and setting June 7, 1994 at 4:00 p.m. and June 14, 1994 at 6:00 p.m. as the dates and time for the public hearings b) Resolution 17'1V?' Declaring the intention to adjust the boundary between City Open Space Maintenance District 20 and Districts 1 and 10 and setting April 19, 1994 and April 26, 1994 at 6:00 p.m. as the dates and times for the public hearing SUBMITTED BY: Directo< of....'" W"""L ~ Director of Parks and R reation REVIEWED BY: City ManagerJC\ b()~~ (4/5ths Vote: Yes_No X) Based upon the advice of the City Attorney, agenda items ~? and 15 ~ve been separated due to conflict of interest concerns. Council should note that agenda statement L gives all background information on open space district in general which is applicable to the item, but does not include specific information on Open Space Maintenance District 10. This item also proposes boundary changes to OSD's 1, 10 and 20 in response to three property owners processing lot line adjustments. RECOMMENDATION: That Council adopt the resolution approving the Report, direct the City Clerk to publish the Resolutions of Intention pursuant to Government Code 6063, set the dates of the public hearings on the assessments for June 7, 1994 at 4:00 p.m. and June 14, 1994 at 6:00 p.m. and set the date of the public hearing for boundary adjustments for April 19, 1994 and April 26, 1994 at 6:00 p.m. DISCUSSION: Back¡:round This agenda item is the yearly resolution to assess for open space maintenance within Open Space Maintenance District Number 10 located along East J Street, west of Paseo Ranchero. Table 1 relates last year's assessment to the proposed assessment for this year. The following agenda item contains all the general information regarding open space districts, the district maps, engineers reports and a sample contract. 17"/ -.--.-.-..,------- ----~,._~---- Page 2, ltem-.!2 Meeting Date 4/5/94 TABLE 1 LAST FY VS. THIS FY ANNUAL ASSESSMENT AND % CHANGE FY 93-94 FY 94-95 % Increase or FY 94-95 FY 94-95 AsscssmentlEDU AsliCllSmentlEDU Decrease COSTIEDU Revenue Open Space District No. 10 $25.96 $63.98 146% $87.00 $40,334 EI Rancho del Rey 6 & Casa del Rey The annual assessment for this District for a typical parcel will increase by $34.02 per year to $63.98. This represents a percentage increase of 146%. The primary reason for the increase was that it was artificially lowered for this current year because there was more than a 100% reserve. Thus even though the cost per EDU to maintain the district was $84.01, excess reserves were used to lower the assessment to $25.96. This years costs will increase by 4% to $87.27 per parcel, but since there is still approximately 100% reserve in the fund staff is recommending the district be brought up to the total costs over a two year period in order to soften the annual increase. Therefore next years assessment is proposed to be $63.98. Eventually the annual cost and assessments will be very near the same amount. The reserves increased in previous years because a developing area was added to the district and assessments collected, but the developer took longer than expected to turn over the added Open Space for maintenance. Boundary Adïustments Two boundary adjustments are currently being processed by the City. The adjustments will cause the parcels to be within two open space districts since the original parcels were located along district boundaries. Staff recommends adjusting the open space boundaries to ensure that a parcel is not assessed by two districts. The Landscaping and Lighting Act of 1972 authorizes Council to annex and detach territories from open space districts as outlined by Section 22605 of the Streets and Highways Code. Staff recommends approval of the four detachments and two annexations at the hearing, shown in Attachment A, to be contingent upon approval of the adjustment plats. Adjustment 1 Rancho del Rey is processing a lot line adjustment with an adjacent property owner in conjunction with the development of SPA 3, south of East H Street. Due to a minor lot line adjustment (Adjustment Plat 92-6), one parcel will overlap two districts (OSD-1 and OSD-20). The attached sketch (Attachment A) shows the area located north of Telegraph Canyon Road and east of Paseo Ladera. The owners involved with the adjustment, Rancho del Rey Partnership and Mr. & Mrs. Drumheller, have requested that they be assessed by only one Open Space Maintenance District (Drumheller's within OSD-10 and Rancho del Rey within OSD-20). The land exchange between the two parties will not result in any change in EDU's for either district. This means that there is no fiscal impact to the property owners or to either district by the annexation and detachment process. /7, ;. - -'- ...------., - - _.--,_._----_.~_._,._--- Page 3, Item 17 Meeting Date 4/5194 Adjustment 2 A church (currently within OSD-l) at the south east comer of East H Street and Paseo Ranchero consolidated its existing lot and four neighboring lots (currently within OSD-20) into one parcel in order to provide adequate parking for their project (see Attachment A). Staff recommends adjusting OSD-l and OSD-20's boundary such that the resulting church parcel will only be in its current district, OSD-1. The owner of the church property, The First Unjted Methodist Church has requested, and staff recommends that they be assessed by only one open space maintenance district: OSD-1. Staff also recommends adjusting OSD-l's boundary to exclude the balance of Rancho del Rey's Phase 2, Unit 12 development as it is a part of OSD 20. This has no impact to OSD 1. The detachment of the four lots from OSD 20 reduces the EDU's in OSD-20, however, the fiscal impact to OSD-20 is minimal, less than $0.50 per EDU. The church's assessment increased last fiscal year in proportion to the increased acreage therefore these proceedings will have no effect on the property. The statutory requirement to notice is limited to those properties subject to annexation and/or detachment. Consequently, staff recommends approval of this detachment without notifying all residents of OSD-20. The Landscaping and Lighting Act of 1972 allows the resolutions, report, notices of hearing, and right of majority protest to be waived with the written consent of all owners within the territory to be annexed or detached. These waivers have been included in Attachment A. Staff recommends that the City take specific action to detach and annex the properties to the appropriate districts to clarify the special assessment obligation. Attachment A: Boundary Adjustments Requests for detachments/annexations NOT S·, \;.- LA! ·l~~ii DDS:OS-OOl F: \homc\cogioeer\agenda\ 1 070. 93 /7:} / 1'1· 7 - ~_._- -~---"-"-----"-'--'----~-'-- February 17, 1994 City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 REQUEST FOR DETACHMENT AND WAIVER OF PROCEEDINGS NO. 20, RANCHO DEL REY, FOR LOTS 1,2,26, AND B MAP 12695 APN 642-011-30 We request that you initiate proceedings to detach the above referred properties from Open Space District No. 20 and do hereby waive our rights of majority protest, the resolutions, Report and Notice of Hearings that are typically part of detachment proceedings for open space maintenance districts. BY: First United Methodist Church of Chula Vista, a California Corporation BY: Œ'¡~ In, ì(~Y4V TITLE: .J',/u~ 17-f ... -"-~--,._._-,~..~.. -.----_._----------- '·".-'.oV·,_'e_ .-----..-. d2 ~- ~- , - 2727 ftOOVER AVI. !. .. 1'.0. BOX 1616 ". ,">-' NATIONAL CITY CA 9"H3S e ,:,.:..n ?/?...527 FES -h pi" \I: 04 RANOIO DEL REY (619) 477·4117 February 2, 1994 City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 WAVIER OF STANDARD PROCEEDINGS FOR CHANGES OF ORGANIZATION OF OPEN SPACE DISTRICT 10 AND 20 AS APPLICABLE TO ADJUSTMENT PLAT NO. 92-6 We do hereby waive our Rights of Majority Protest, the Resolutions, Report and Notice of Hearing that are typically a part of annexation and detachment proceedings for open space maintenance districts as outlined in Section 2605 of the California Streets and Highways Code. RANCHO DEL REY INVESTORS, L.P. , a California limited partnership By: McMillin Project Service, Inc. a California corporation, as Attorney in Fact Under Durable Power of Attorney BY~1/VV(Y~ ::~'eoÐ 'I'itle: V~ /jb I '-r, ___~_____"___'·__"_·_____M__'___'_._____.______________ -.--. February 2, 1994 City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 WAIVER OF STANDARD PROCEEDINGS FOR CHANGES OF ORGANIZATION OF OPEN SPACE DISTRICT 10 AND 20 AS APPLICABLE TO ADJUSTMENT PLAT NO. 92-6 We do hereby waive our Rights of Majority Protest, the Resolutions, Report and Notices of Hearing that are typically a part of annexation and detachment proceedings for open space maintenance districts as outlined in Section 22605 of the California Streets and ays Code. oh D. D ~..J,~/~~~ Lucille M. Drumhe ler /7-7 ---.--.".--- ._..._~-- . -.. '. . . CITY OF CHULA VISTA ENGINEERNG DEPT. I PLANfNG DEPT. PARCEL 2 ADJJS'Th4ENT PLAT NO. 92-6 -D£TAlL 'þ,' N~ { 56 ... -a ~ rn 0 - ." . fIfSMT. ~ Þ . 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OSD-20 Boaoday adi- pial 92-6 IOCOIIfi¡wod 0 lot üne 1hat .... also 1be bouadaly _ 0511-10 aDd 05D·20. 1hU --..a-_ ÏlIIICIOIMr)' to place 051)..20'1 bouDdary 011; 1be pn>penyüne. 2 _on OSI1-20 Boaoday aoti_ pili 92-6 ~ o lot üne 1hat .... a1Jo 1bc: bouDdIry '-wecø 050..10 aod OSD-20. 'Ibis wø-......... åI MOOIIaI)' to place OSD-I0'. bouDdary 011 the pn>penyüne. VICINITY MAP -- ~-5ÇALC . LI....,!UoIUIJIDI I 7" Y . . -.---.-.-". .---- ~..~w ~ () ~ ~ ~ .. , · · ), I 2~ · ':7 I ªï:I · , - ~ ~ ~~ -:) a o :;:. fT)- a :; ~ 0 0 >0 &J c; \II n "'- ~ \f' o "'''' . .\'<1 -d 0 '" ~g 0 \ ~ ~ q r-' ~> 0 0 0 , ~ Z ~~ ~. q. "' c:>- s,.. £ ~Nf.I'J 0° <;:J !!. O;! ..!=' 8: 2~ ~ Q :n~J n š,;! .. - .. , e- $l :;. ~I,) " ... o § *i~ (~~. ¡ - .~ ~ . . . ,.-0 ¡;. w "" It 3: .. .' 'c. 1> no..!! .@! ~ '" 0 '" ¡; . ". ¡g . ~ <iT'll ¡;q;:¡ > - c:: :3.N\C 1.0\ rn ª ./j !=' - .. '" 0 "C v. (II \"h z .. ;! .... = .. = n v.I "!1 ~ ~~~ ¡¡~ ~ g'R~ ~ª- ~ $life- g"'_ 8'" ,¡; c:: = nag. _. v.a = a .. ¡;. 3! Q.. -. -. ë. S' !!. ~ ~ * 0 ~ ~ ~~ª ~ ~ ~ f,I);:s 9-, l; ~c. n_ '" ~!! õ !. ~ c. ¡;. -0 .. .@! '" = 'IT' .. .. . .. . " '. ~ . R . ,- . . .. .@ .. ... - ~. .. .~. . 1,'""", ....... ,.'~ .:~.:~~:~;./~.." .;: . . @)··~h··i· '. .. -.'."' ..~. . ~W!.. - - " . '"' '. . ~. -., ~.~::-*' ~~" ~ -.' ,)" , ." '"".,;'... 't'··.· ": '~if' ~ . . ~./', '.,~",. ,. fI'.. .~~:;-~.'"'..~ ',-:-- 99 . .,.'. . ...... . . 99 0 ~ "..._....; ~ " - - - 1-" J ! -- .. ~ .. - ~ .. .. ENGINEER' S REPORT LANDSCAPING AND LIGHTING ACT OF 1972 CITY OF CHULA VISTA for OPEN SPACE DISTRICT NO. 10 FISCAL YEAR 1994-1995 (RENEWAL) Prepared by: Engineering Division Department of Public Works City of Chula vista /7,,/0 . -. --_._..._.,"~._----- ·--,._~-~"-~ ENGINEER' S REPORT OPEN SPACE DISTRICT NO. 10 (Pursuant to the Landscaping and Lighting Act of 1972) The City Engineer, Engineer of Work for Open Space District No. 10, City of Chula Vista, San Diego County, California, makes this report, as directed by the City Council, Resolution 17373, dated January 25, 1994, pursuant to Section 22585 of the Streets and Highways Code (Landscaping and Lighting Act of 1972), and Chapter 17 of the Municipal Code, The improvements which are the subj ect of this report are briefly described as follows: The renovation, improvement, maintenance and furnishing of electric current for the street lights and appliances, for the landscaping renovation and maintenance, for the drainage area maintenance including silt removal. This report consists of six parts, as follows: · PART A--Plans and specifications for the improvements are filed with the City Clerk. Although separately bound, the plans and specifications are a part of this report and are included in it by reference. · PART B--An estimate of the cost of improvement and net assessment. · PART C--An Assessment of the estimated cost of the improvement on each benefitted parcel of land within the assessment districts. · PART D--A statement of the method by which the undersigned has determined the amount proposed to be assessed against each parcel. · PART E--A list of names and addresses of the owners of real property within these assessment districts, as shown on the last equalized assessment roll for taxes, or as known to the Clerk. The list is keyed to Exhibit C by assessment number. · PART F--A diagram showing all of the parcels of real property within these assessment districts. (F:\HOME\ENGINEER\OPENSPAC\ENGRPT10.TA) 17"'// --"--'---~.'"'--- .----.... '-'---'--'--~----,,- PART A Plans and specifications for the improvement of open Space District 10 have been filed separately with the Street Superintendent of the legislative body and are incorporated in this Report by reference, I ?-I ~ _. _..."...____.._.~_ _. ___.,_.._._._._·,_____u···___·~____··_____ .. ~ - ~ ~~~~~~ ~ ¡;¡ ~ ~ '" 'g; :£~~8~¡;:¡ ~ ~ ~ c:!; f: 00"1 ..,.,-(f')Nr-O _ \0 fß fß ctt .... _ ~,,~ <- ~ .. N~ \0 1:'1') ~ O~ ~- V'1 Z~ ~ fß ~ t> - ... - E ~ ~~~~~~ ~ ~~~~~ ¡;¡ g¡~ Iì~ '" UJ~ ~8~"'~~ s 00 o;¡;;¡; ~!:!- ~ t;; u=" ('f'¡NI:'1ìÑr-- Q ~ 0'\('1'; \0 ~ ~ O « ~""<-..6 \0" ~ ~ 1.t')"6 U ø.. "It' (f') - V'1 ~ V'1 ~ ~~ fß fß fß ~ ffi... U ø. ~ 0 z ~ .. ~ 8 ~ ~ - o ~ U If ~ ~; ~ ~ "j"j ~ ~ 1;;" 8.~ "" "" 0 ... !Î g " ... _ ¡::¡- s:: s:: "G ..... ~ :!2::J¡ .9 Q iì ¡¡ ~~ 8 8 a [ß ';' ~:¡¡Ij¡(¡~o'IJ.".!'ì 8 ~8~ ...,8 8 lJ u '--~u'-C~ - o_~c~ ~~ ~ I !111~1~11~ ~ II~~~ ~t 81 t 00 ~o&~~=§oec ~ ~~~~oo o~ ~~ 0 ª !~jj~~iiJi¡J ffi j!t~~ ~ Jj fj I I?"IJ [ - ____ __.___._________ ..·._·._.__..'_m.·._....._______. PART C -- ASSESSMENT ROLL Assessment Roll is on file in the office of the city Engineer, PART D -- METHOD OF APPORTIONMENT OF ASSESSMENT The manner in which the City Engineer has apportioned the annual assessment to each parcel in the Open Space Districts is consistent with the method of spread initially established by the Assessment Engineer. Assessment Engineer for Bay Boulevard and Town Center Districts was Patrick N. Rosetti. Assessment Engineer for Open Space District No. 20 was willdan Associates. PART E -- PROPERTY OWNER'S LIST The property owner's list is made a part of this report by reference and is filed in the Office of the city Treasurer. PART F--ASSESSMENT DIAGRAM (See Attachment B) 17"/~ --......--.--.--...--.---.--.----.--... -.,..---- , ..- / .. "'j'l... . \ /'. " õ ;CI-~ -./ . '\"':"'i~ ~" .. \\o.a.:.. , ~1 ~ CI . I.. \ ! C8 / .. ..., ! ~ ./ \ i-€ /' æ~ / !~ ,/ : '" , < ~~, I "- - !oj " >Q ............ \ c a "'.......... ., $ '1: -.......: ~ ,;.;- ~~ .....,.. õ ~ ~ " l ;;;: , u \ 1 i IS I 1 Ji . = ! l i ! I I II _ i : ¡ I I ! :: ~ ! Ii: .. 1.. .. . ., w « Ii I ].1 U I- I I" 'I .11.1 I I}'I! III II I Z if) ,il ,-il;! p, i,,1 ¡h' I..j' i 'jh¡ . « 0 > liî¡!¡lrm 111 l¡i~!¡¡J UN,! !'HI! : I Z « 'IIHI.I-I' tit '1Id-'" ,¡.I I._ ,if" " W llii '1 ; ¡ '~h 1.:1., ~ I . .~... I- -.J 1!!;i:h!,I''I' h!!1:,I¡11 11¡!'h 1),1',' ¡ j" Z ' ::> !J.!t~J!'J: J 'I='·¡J II .¡";-!' 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I I . i I I I .-- , P~EHTRADA ; - . - , : ¡r~ rl,l~~. ,. - '- --- --- - - ~GI / 7'//, - ,. . . ¡ : . . -- - .__..__._-------~._._--_._----- ._...~-_.._----_._-". - - ---,,- RESOLUTION NO. ) 7'1'11 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE FY 1994-95 SPREAD OF ASSESSMENTS FOR CITY OPEN SPACE MAINTENANCE DISTRICT 10, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS AND SETTING JUNE 7, 1994 AT 4: 00 P.M. AND JUNE 14, 1994 AT 6:00 P.M. AS THE DATES AND TIMES FOR THE PUBLIC HEARINGS WHEREAS, pursuant to Article 4, Chapter 1, Part 2 of Division 15 of the California Streets and Highways Code, also known as "Landscaping and Lighting Act of 1972" and Chula vista Municipal Code Chapter 17.07, the City Engineer has prepared and filed the annual reports for all existing Open Space Maintenance Districts in the City; and WHEREAS, these reports were prepared by the City Engineer or under his direction and are presented to Council for approval in order to proceed with the public hearings set for June 7 and 14, 1994, in accordance with the Landscaping and Lighting Act of 1972. The report covers Open Space District No. 10; and WHEREAS, the Parks and Recreation Department conducted an informal meeting for all property owners within this district in January at which time staff explained the proposed budget; and WHEREAS, the proposed assessment for Fiscal Year 1994-95 is as follows: FY 93-94 FY 94-95 %Increase OSD Assessment/EDU Assessment/EDU IDecrease 10 25.96 63.98 146% NOW, THEREFORE, BE IT RESOLVED that the city Council of the City of Chula vista does hereby approve the Engineer's report to declare its intention to levy and collect assessments for the FY 1994-95 for the spread of assessments for City Open Space Maintenance District 10, a copy of which is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the city Council does hereby set June 7, 1994 at 4:00 p.m. and June 14, 1994 at 6:00 p.m. in the city Council Chambers, City of Chula Vista, 276 Fourth Avenue, Chula Vista, California as the dates and times for the public hearings on said assessment. 1 /7/1' I . -,._.__._~-,-,._._.,_..._-_.__.__.__._.._--_... _.__.~._-----_._--- BE IT FURTHER RESOLVED that the City Clerk is hereby directed to publish said assessment pursuant to Government Code section 6063. /ì í) Presented by AP~~ed ? '0 m by () 0u-0-<- 0 . John P. Lippitt, Director of {Bruce M. Booga rd, City Attorney Public Works C:\rs\OS10eng.rep '--- 2 17A"'~ _._m_._..__~_ _____~_._."....._____ _........_.__ RESOLUTION NO. 17J/' Y RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE INTENTION TO ADJUST THE BOUNDARY BETWEEN OPEN SPACE MAINTENANCE DISTRICT 20 AND DISTRICTS 1 AND 10 AND SETTING APRIL 19 AND APRIL 26, 1994 AT 6:00 P.M. AS THE DATES AND TIME FOR THE PUBLIC HEARING WHEREAS, the Landscaping and Lighting Act of 1972 authorizes council to annex and detach territories from open space districts as outlined by section 22605 of the Streets and Highways Code; and, WHEREAS, two boundary adjustments are currently being processed by the city which will cause the parcels to be within two open space districts since the original parcels were located along district boundaries; and, WHEREAS, staff recommends adjusting the open space boundaries to ensure that a parcel is not assessed by two districts. NOW, THEREFORE, BE IT FURTHER RESOLVED the City Council of the city of Chula vista does hereby declare the intention to adjust the boundary between City Open space Maintenance District 20 and District 1 and 10. BE IT FURTHER RESOLVED that the city Council does hereby set April 19 and April 26, 1994 at 6:00 p.m. in the city Council Chambers, City of Chula Vista, 276 Fourth Avenue, Chula vista, California as the dates and time for the public hea g on said boundary adjustment. Presented by John P. Lippitt, Director of Public Works C:\rs\boundary.adj 170"'/ -...-.-~---_._._~ --~"._--- COUNCIL AGENDA STATEMENT Item I~ Meeting Date 4/5/94 ITEM TITLE: Resolution 174/'19 Approving the Engineer's reports for the FY 1994-95 spread of assessments for City Open Space Maintenance Districts 1-9, 11, 14, 15, 17, 18,20,23, 24, 26, Eastlake, Bay Boulevard and Town Centre. declaring the intention to levy and collect assessments and setting June 7, 1994 at 4:00 p.m. and June 14, 1994 at 6:00 p.m. as the dates and times for the public hearings SUBMITTED BY: Director of Public Works ~ Director of par~s and R~n REVIEWED BY: City Manager"" ~ ~.:::;.-:7 (4/5ths Vote: Yes_No-X) On January 25, 1994, City Council adopted Resolution Nos. 17372 and 17373 directing the City Engineer to prepare and file reports of assessments for all existing City Open Space Maintenance Districts. These reports have been prepared and the above resolution approves them and sets the dates for public hearings to consider the spreading of assessments. RECOMMENDATION: That Council adopt the resolutions approving the Reports, direct the City Clerk to publish the Resolutions ofIntention pursuant to Government Code 6063, set the dates of the public hearings on the assessments for June 7, 1994 at 4:00 p.m. and June 14, 1994 at 6:00 p.m. BOARDS/COMMISSIONS RECOMMENDATION: The budget and assessment information will be forwarded to the Towne Centre Committee via Community Development upon approval of the resolution. DISCUSSION: This agenda statement is the yearly resolution of intention to assess for open space maintenance within the City. Table 1 contains the name and location of the districts. Table 2 relates last year's assessment to the proposed assessment for this year. Following Table 2 there is some general information that applies to all the districts and then each district is analyzed individually. At the end of this agenda statement there are some legislative changes to the Landscaping and Lighting Act of 1972 that staff would like to bring to Council's attention and a description of the noticing that was provided for in regards to these proceedings. As a final note, Council should be advised that the preceding agenda item contains the same information for Open Space District No. 10 which was separated due to conflict of interest concerns. There are two boundary adjustments that were moved to that item as well for the same conflict of interest reasons. Backl!round Pursuant to Article 4, Chapter I, Part 2 of Division 15 of the California Streets and Highways Code, also known as "Landscaping and Lighting Act of 1972" and the City of Chula Vista Municipal Code, the City Engineer has prepared and f1led the annual reports for all existing Open Space Maintenance Districts in the City. The name and location of each open space district is shown in the following table. /3"/ ".-.-"'.-- -----.-. -_. "._.._-,-_.~_._. "--'---'-"-"~-'---' Page 2, Item /r Meeting Date 4/5/94 TABLE 1 Open Space Districts Within the City of Chula Vista OPEN SPACE DISTRICT NO. NAME WCATION I EI Rancho Del Rey Units 1-4 South of E. H Street, west of Oùty Lakes Road 2 Lark Haveu South and east of Loma Verde park 3 Rancho RobiDhood Units 1 & 2 South of Allen School Lane 4 Boniùt Ridge Camino Elevado 5 Southbay Villas Northern end of Crest Drive 6 Hilltop Vista Camino Vista Road 7 Zenith Units 2, 3 and 4 North and south of Palomar, east of 1- 805 8 Rancho Robinhood Unit 3 Surrey Drive 9 El Rancho del Rey units Paseo del Rey, north of Telegraph Canyon Road 11 Hidden Vista Village East H Street, east of I-80S 14 Bonita Long Canyon North and south of Country Visùts Lane IS Bonita Haciendas Canyon Dr.. east of Otay Lakes Road 17 Bel Air Ridge Northeast of Paseo Ladera & E. J St. 18 Rancho del Sur Easterly end of East Naples 20 Rancho del Rey North of E. H Street west of ûtay Lakes Road 23 Otay Rio Business Park West of HeritagelOtay Valley Rd., south of Otay Rio Road 24 Canyon View Homes Rutgers Ave., south of E. H Street 26 Park Bonita West of the intersection of E Street and Boniùt Road Town Center No. 1 Third Avenue, north and south of F Street Bay Boulevard East1ake Maintenance District No.1 These reports were prepared by the City Engineer or under his direction and are presented to Council for approval in order to proceed with the public hearings set for June 7, 1994 at 4:00 p.m. and June 14, 1994 at 6:00 p.m., in accordance with the Landscaping and Lighting Act of 1972. The reports cover districts listed in Table I. The Parks and Recreation Department conducted an informal meeting for all property owners within each district in January and the Public Works Department will conduct informal meetings in April. At the January meeting, staff explained the proposed budget. The Parks and Recreation Department is bringing an information item to Council in the near future on issues raised at that meeting. A summary of the April meetings will be provided in a report to Council Drior to the June public hearings. /~.. ,;.. .... .,-.. ..- .~ . ....----... ._-_.__-.-_..~.._--~._...._--_. Page 3, Item It' Meeting Date 4/5/94 Assessments The proposed assessments for Fiscal Year 1994-95 are as follows: TABLE 2 LAST FY VS. TIDS FY ANNUAL ASSESSMENT AND % CHANGE % Increase or FY 93-94 FY 94-95 Decrease FY 94-95 FY 94-95 OSD AssessmenUEDU AssessmentÆDU(3) COSTIEDU·) Revenue I $78.86 $77.70 -1% $73.00 $61,805 2 32.44 39.54 22% 46.00 9.842 3 250.90 267.06 6% 279.00 33,915 4 197.08 282.94 44% 285.00 59,415 5 224.22 243.12 8% 277.00 29.659 6 128.00 136.26 6% 143.00 22.071 7 87.58 95.86 9% 114.00 9.968 8 430.94 430.94 0% 446.00 47.403 9 92.88 111.42 20% 137.00 42,784 11 81.22 83.58 3% 87.00 110,403 14 254.74 270.35 6% 289.00 236,101 15 234.24 234.24 0% 245.00 13,352 17 124.74 124.74 0% 132.00 5,738 18 303.34 321.40 6% 330.00 124,559 20(1) 229.26 223.12 -3% 311.76 441,087 23 0 335.70 (2)(6) N/A 306.00 18,799 24 210.98 495.73 135% 528.00 19,829 26 359.00 394.30 '" 10% 356.00 7,491 Bay Blvd. 1,000.80 889.00 '" -11% 1,421.00 8,900 Town Centre 43.58 45.56 '" 5% 52.00 45,557 EASTLAKE MAINTENANCE DISTRICT NO.1 Zone A - EastWœ 1 6.98 9.50 36% 11.35 89.792 Zone B - Eastlake Greens 10.64 14.86 40% 16.65 29.032 Zone C - Olympic Training Ctr 0 126.92 N/A 126.54 63,455 '" Zone D - Salt Creek I (4) 6.98 370.00 N/A 371.85 172,639 (l)See Engineer's Rep~ for amortized costs (2)Reserve is at 10% .)Based on preliminary budgets (")Includes prorata share of Zone A (5)Per benefit unit (6)Per acre n>'fhe Olympic Training Center is the sole contributor to this zone (8)Reserve is at 20 %. /8" J ._-". _.....__. ._____.__._··_n_.._.__________ Page 4, Item /8" Meeting Date 4/5/94 District Assessment Chan!!es The assessments are based on the budgets, reserves, savings, and funds balances, including interest. In general, the budgets have increased due to CPI adjustments allowed in the renewal of the maintenance contracts and substantial increases (approximately 25%) in the cost of utilities, namely water costs. The increase in water costs is due to I) a 14 % increase in water costs in FY 1993/94 subsequent to budget formation which were not reflected in the budgets; and 2) an 8% increase in water costs anticipated for FY 1994/95. Where landscape maintenance contract costs have changed compared to the previous year (from being put to bid and awarded by Council last June), budgets as well as Park and Recreation staff services have been adjusted. Parks and Recreation staff services are apportioned to an individual district based on its percentage of all the districts' budgets combined. In other words, if the staff services total for all budgets combined did not change, and one OSD's percentage of contract costs increased, so would their staff services. Staff services have an additional component of $240 per district in anticipation that additional engineering staff time will be needed next year in order to make adjustments as a result of recent legislative changes to the Landscaping and Lighting Act of 1972. Savings from prior fiscal years have been used in part to offset cost increases during this fiscal year. For those districts where the reserve still exceeds 50%, staff recommends using the savings to soften the impact of the proposed budget increases proposed for FY 1994/95. Staff generally tries to keep the assessments level with gradual increases, or decreases, each year. In all cases except OSD 1, 23 and 26, the proposed assessments to the property owner are lower than the actual cost. Consequently, staff anticipates assessment increases in the future for each assessment district even if the budgets remain level. Under Council Policy each district is required to have a reserve that is allowed to fluctuate between 50% and 100% of the estimated maintenance cost. The reason for the reserve above 50% is to stabilize the yearly assessment and provide a buffer for any unforeseen cost that the district may incur. A 50 % minimum reserve is required to allow the City to pay the first six months costs until such time as the City has received adequate funds from the County on the tax payments. For new districts, the minimum 50% reserve can be built up in one of two ways. If the City begins maintaining the new open space district in the middle of the fiscal year, the district will be assessed for the full year thereby accumulating the 50%. If the City begins maintaining the new open space district at the bel!inninl! of the fiscal year, the district will be assessed an extra 10% each year for the first 5 years. The reserve above 50% is generally obtained from savings in the district. Then the City has the option to reduce assessments, retain as additional reserve or a combination of these. The following summarizes the major changes for each district. Note that the assessment/ED U varies from the cost/EDU which reflects the cost only. The assessment/EDU reflects impacts of the reserve requirements, ending fund balances and savings. For a detailed outline, see Attachment A. FY 93-94 FY 94-95 % Increase or FY 94-95 FY 94-95 AssessmentJEDU Assessment/EDU Decrease COSTIEDU Revenue Open Space District No. 1 $78.86 $77.70 -1% $73.(() $61,805 EI Rancho Del Rey Units 1-4 Staff recommends a I % decrease in the annual assessment from $78.86 to $77.70 per equivalent dwelling unit (EDU). The maintenance contract budget decreased by $7,435, however, the utility costs increased by $4,350. The net change in maintenance cost is a $3,555 decrease which is why staff recommends the lowered assessment. The reserve under this recommendation will stand at 70%. Ig', 'I ,-.--.....---,.- '-"--~----'.._-~-- - Page 5, Item J Y Meeting Date 4/5/94 The contract service budget amount decreased substantially. However, large assessment fluctuations are not evident because staff recommended and Council approved modifying the FY 1993/94 assessments downward in response to the lower maintenance bids received in 1993. Consequently, the current year assessment (FY 1993/94) already reflects the contract savings. FY 93-94 FY 94-95 % Increase or FY 94-95 FY 94-95 AssessmentJEDU AssessmentlEDU Decrease COSTIEDU Revenue Open Space District No.2 $32.44 $39.54 22% $46.00 $9,842 Lark Haven Staff recommends a 22% increase, $7.10 per year, in the annual assessment from $32.44 to $39.54 per EOU. City Staff Services increased by $190 and utilities increased by $360 from rate increases and service fees, not from increased volume usage. The reserve under this recommendation will stand at 60%. FY 93-94 FY 94-95 % Increase or FY 94-95 FY 94-95 AssessmentlEDU AssessmentlEDU Decrease COST/EDU Revenue Open Space District No.3 $250.90 $267.06 6% $279.00 $33.915 Rancho Robinhood Units 1 & 2 Staff recommends a 6% increase in the annual assessment from $250.90 to $267.06 per EOU. Utilities increased by $2,340, however, the maintenance contract budget decreased by $10,405 and city services decreased $910. The net decrease was $8,975. The reserve under this recommendation will stand at 68%. The contract service budget decrease of $8,975 is substantial, however, large assessment fluctuations are not evident because staff recommended and Council approved modifying the FY 1993/94 assessments downward in response to the lower maintenance bids received in 1993. Consequently, the current year assessment (FY 1993/94) already reflects the contract savings. FY 93-94 FY 94-95 % Increase or FY 94-95 FY 94-95 Assessment/EDU AssessmenUEDU Decrease COST/EDU Revenue Open Space District No.4 $197.08 $282.94 44% $285.00 $59.415 Bonita Ridge Staff recommends an increase of 44% ($85.86) from $197.08 to $282.94 per EOU. Of the $85.86 increase per EOU, the two largest factors are the maintenance contract which increased from $29,090 to $35,620, ($31.10 per EOU) and utilities which increased from $12,140 to $15,170 ($14.43 per EOU) for a net increase of $10,713. At the time staff proposed the $197.08 assessment (FY 1993/94), the cost for contract services was anticipated to be only $29,090 yielding a costlEOU of $234.37 which is $40 more than what they were assessed. Prior year savings were used to lower the assessment to $197 .081EOU which was below the cost of $2341EOU and some savings were retained in reserve. The contracts went out to bid in Spring 1993 and OSO 4's contract was the only one that came in hi!!her than previous contracts for the same scope of work. As the owners had already been notified of their proposed assessment, the assessment could not be increased to reflect the change. Consequently, this year's assessment reflects the increase. Other items that increased the budget were utilities, city staff services, the maintenance contract and landscape supplies. The proposed increase is as low as possible while still maintaining the required 50% reserve. FY 93-94 FY 94-95 % Increase or FY 94-95 FY 94-95 AssessmentlEDU AssessmentJEDU Decrease COSTIEDU Revenue Open Space District No.5 $224.22 $243.12 8% $277.00 $29,659 Southbay Villas ,.- /[1'".> __.~.~.__.___.M_____._._....,__._..·"______ Page 6, Itemß Meeting Date 4/5/94 Staff recommends an 8% increase in !be annual assessment from $224.22 to $243.12 per EDU. Utilities increased by $1,540, however, the maintenance contract decreased by $1,310 for a net decrease of $290. The assessment has been lower than cost for the last three fiscal years and is eroding the district's reserve. The reserve is now at 65%. This is why staff recommends an assessment increase. Savings from prior years are being used to offset some cost increases. FY 93-94 FY 94-95 % Increase or FY 94-95 FY 94-95 AssessmentlEDU Assessment!EDU Decrease COSTIEDU Revenue Open Space District No. 6 $128.00 $136.26 6% $143.00 $22,071 Hilltop Vista Staff recommends a 6% increase in the annual assessment from $128.00 to $136.26 per EDU. Items that increase the budget are utilities and city staff services which increased by $1,080 and $220, respectively, for a net increase of $1,320. The reserve is now at 70%. FY 93-94 FY 94-95 % Increase or FY 94-95 FY 94-95 Assessment!EDU Assessment!EDU Decrease COSTIEDU Revenue Open Space District No.7 $87.58 $95.86 9% $114.00 $9,968 Zenith Units 2, 3, & 4 Staff recommends a 9% increase in the annual assessment from $87.58 to $95.86 per EOU. Items that increased the budget were utilities and city staff services which increased by $790 and $240, respectively. The net increase is $1,040 and the reserve under this proposal will be 75%. FY 93-94 FY 94-95 % Increase or FY 94-95 FY 94-95 Assessment!EDU Assessment/EDU Decrease COST/EDU Revenue Open Space District No.8 $430.94 $430.94 0% $446.00 $47,403 Rancho Robinhood Unit 3 Staff recommends no change in the annual assessment of $430.94 per EOU. Utilities increased by $2,130, however, the maintenance contract decreased by $690 for a net increase of $1,500. Prior years' savings are recommended to absorb the increase which will leave the reserve at 68 %. FY 93-94 FY 94-95 % Increase or FY 94-95 FY 94-95 Assessment!EDU AssessmentJEDU Decrease COST/EDU Revenue Open Space District No.9 $92.88 $111.42 20% $137.00 $42,784 EI Rancho del Rey Units Staff recommends a 20% increase in the annual assessment from $92.88 to $111.42 per EOU. Items that increased the budget were utilities and city staff services which increased by $4,220 and $270, respectively, for a net increase of $3,850. Some of the cost increase is being offset with prior years' savings, as can be seen by the assessment being $25 per EOU lower than the cost per EOU. The assessment per EOU this fiscal year was also offset by prior years' savings. Consequently, the increase in assessments (20%) is greater than the increase in budget (8%). However, the proposed assessment is still less than the current year's cost of $137iEOU. The reserve under this recommendation would stand at 65 % . 13"/' _.... ___' ~_.____.+..,._._,.___..__._ "_ ____~,__. m···.______·___·___··_·· Page 7, Item JY Meeting Date 4/5/94 FY 93-94 FY 94-95 % Increase or FY 94-95 FY 94-95 AssessmentlEDU Assessment/EDU Decrease COSTlEDU Revenue Open Space District No. 11 $81.22 $83.58 3% $87.00 $110,403 Hidden Vista Village Staff recommends a 3% increase in the annual assessment from $81.22 to $83.58 per EDU. Utilities increased by $5,700 and the reserve fund was increased by 7% to bring it to the 50% minimum requirement. The contract service budget decrease of $24,975 is substantial, however, large assessment fluctuations are not evident because staff recommended and Council approved modifying the FY 1993/94 assessments downward in response to the lower maintenance bids received in 1993. Consequently, the current year assessment (FY 1993/94) already reflects the contract savings. FY 93-94 FY 94-95 % Increase or FY 94-95 FY 94-95 AssessmentJEDU Assessment/EDU Decrease COST/EDU Revenue Open Space District No. 14 $254.74 $270.35 6% $289.00 $236,101 Bonita Long Canyon Staff recommends a 6% increase in the annual assessment from $254.74 to $270.35 per EDU. The increase was due in part to a $15,720 increase in utilities. City staff services however, helped offset this increase with a $5,760 decrease resulting from the adjustment to staff services because of the decrease in the cost of the maintenance contract. The contract service budget decrease of $56,320 is substantial, however, large assessment fluctuations are not evident because staff recommended and Council approved modifying the FY 1993/94 assessments downward in response to the lower maintenance bids received in 1993. Consequently, the current year assessment (FY 1993/94) already reflects the contract savings. The reserve under this proposal will stand at 80 % . FY 93-94 FY 94-95 % Increase or FY 94-95 FY 94-95 Assessment1EDU AssessmentlEDU Decrease COSTIEDU Revenue Open Space District No. 15 $234.24 $234.24 0% $245.00 $13,352 Bonita Haciendas Staff recommends no change in the annual assessment of $234.23 per EOU. The $735 decrease in the maintenance contract was used to increase the reserve fund by $240. The reserve under this recommendation will stand at 58 %. FY 93-94 FY 94-95 % Increase or FY 94-95 FY 94-95 Assessment/EDU AssessmentJEDU Decrease COSTIEDU Revenue Open Space District No. 17 $124.74 $124.74 0% $131.74 $5,738 Bel Air Ridge Staff recommends that there be no change in the annual assessment for this district. The savings from last fiscal year was placed into the reserve, currently at 99%, so that the assessment per EOU is kept similar to the cost per EOU. /8''' '1 ---'-...-.-.-."..--.- ~_..--. -._-"----- ---------.---...-.-.-.--.-.- Page 8, Item )~ Meeting Date 4/5/94 FY 93-94 FY 94-95 % Increase or FY 94-95 FY 94-95 Assessment/EDU Assessment/EDU Decrease COSTIEDU Revenue Open Space District No. 18 $303.34 $321.40 6% $330.00 $124,559 Rancho del Sur Staff recommends a 6% increase in the annual assessment from $303.34 to $321.39 per EDU. This increase was mostly due to a $7,100 increase in utility costs. The reserve under this recommendation will stand at 50%. FY 93-94 FY 94-95 % Increase or FY 94-95 FY 94-95 Assessment/EDU Assessment!EDU Decrease COST/EDU Revenue Open Space District No. 20 $229.26 $223.12 -3% $311.76 $538,960 Rancho del Rey This district is made up of 7 zones and each zone has a different assessment. Depending on the location of the property, the owner may be assessed by up to 4 different zones. The maintenance cost is broken down by zone in the Engineer's Report (Attachment A). In general, the overall maintenance cost for this district decreased by $47,910 (from $628,410 to $580,500). Staff therefore recommends a 3% decrease in the average annual assessment from $229.26 to $223.12 per EDU. This percent decrease is smaller than the percentage decrease in the budget because savings lowered FY 1993/94's assessment. OSD 20's proposed residential assessment is lower than the cost because of: (I) savings due to delayed turnover of open space last fiscal year, (2) the current contract came in lower than before, and (3) interest earnings. The estimated savings is $170,000. Staff recommends that some of the savings be held in reserve and the balance be used to lower the assessment. However. staff anticipates an increase of $90/EDU in assessments next year. FY 93-94 FY 94-95 % Increase or FY 94-95 FY 94-95 AssessmentJEDU AssessmentlEDU Decrease COSTIEDU Revenue Open Space District No, 23 $0 $335.70 See Zone $305.18 $18,799 Otay Rio Business Park breakdown in Attachment A This is a new open space maintenance district and will have an annual assessment of $335.70 per acre. The scheduled turnover to the Department of Parks and Recreation for maintenance is July of 1994. The assessment includes a reserve of 10% which will be increased by 10% each year for 5 years to reach the 50% minimum reserve requirement. FY 93-94 FY 94-95 % Increase or FY 94-95 FY 94-95 AssessmentJEDU AssessmentJEDU Decrease COST/EDU Revenue Open Space District No. 24 $210.98 $495.73 135% $528.00 $19,829 Canyon View Homes s ounCI may reca , IS IStrlCt as een e ore COunCI severa times III east two years to try to ower the annual assessments. Staff has been directed to look at other methods of lowering the assessment which will be back to council prior to the public hearings in June. However, this assessment is a worst case scenario which should be advertized, should a lower assessment not be forthcomming. Staff recommends a 135 % increase in the annual assessment from $210.98 to $495.73 per EDU. This increase was mostly due to the use of savings that lowered this year's assessment. The City had retained a reserve of 90% but there were still substantial savings which were used to lower the assessment to $210.98/EDU for the current year even though the cost for the current year was $660.50 per EDU. The savings were due to a delayed turnover of open space and contract cost reductions due to effective bid clustering. The proposed assessment includes a reserve of 62 %. This recommendation is based on there being no changes to the district such as annexations or consolidations. /y"y - ,---. ...--.-..--..,..-.-...--.--------- Page 9, Item I Y Meeting Date 4/5/94 FY 93-94 FY 94-95 % Increase or FY 94-95 FY 94-95 AssessmentJEDU AssessmentlEDU Decrease COSTIEDU Revenue Open Space District No. 26 $359.00 $394.30 10% $356.00 $7,491 Park Bonita Staff recommends a 10% increase in the annual assessment from $359.00 to $394.30 per EDU. This increase is due to utilities increasing by $350 and City staff services increasing by $210, however, the largest increase is due to the need to increase the reserve by 10% a year until 50% has been reached since this is a relatively new district. This is a small district of 19 homes which tends to amplify cost increases. The increase in budget of 6% is only $580 but translates into an additional $30/year to the property owner. The reserve under this recommendation will be 20 %, consistent with the second year of existence of the district. FY 93-94 FY 94-95 % Increase or FY 94-95 FY 94-95 AssessmentJEDU AssessmentlEDU Decrease COST/EDU Revenue Bay Boulevard Open Space $1,000.80 $889.00 -11% $1,421.00 $8,890 Maintenance District Staff recommends an 11 % decrease in the annual assessment from $1000.80 to $889.00 per EDU. Since the cost is 60% higher than the proposed assessment for FY 1994-95 it is anticipated that next year's assessment will increase substantially, almost double. Bay Boulevard's assessment is low this year compared to its budget because excess funds are being used to lower the assessment. The reserve is at 100% and all funds above that must be used to lower the assessment. The excess funds occurred because the estimated ending fund balance for FY 1992/93 was $12,800 and the actual balance was $21,700. (The assessments are based on the estimated fund balance.) The balance was higher than anticipated because prior delinquencies with penalties were paid in this year. This also means then that the fund balance from a prior year was too low as the owners had not paid their assessments. Public Works staff preparing the assessments was not aware of this and subsequently charged the owners the shortfall in the following year. Staff is revising their procedures to take into account delinquencies to ensure that this will not happen in the future. Staff is reviewing the assessment history and will update Council of any other issues that affected the assessment. FY 93-94 FY 94-95 % Increase or FY 94-95 FY 94-95 AssessmentlEDU Assessment/EDU Decrease COST/EDU Revenue Town Center Open Space $43.58 $45.56 5% $52.00 $45,557 Maintenance District Staff recommends a 5% increase in the annual assessment from $43.58 to $45.56 per EDU. This increase is due to a $410 increase in utility costs. The reserve under this recommendation would stand at 70%. / T" 7 -_._-..,..._~ --..--. -_._-------~~_-.-_------_..- ...-- Page 10, Item I g/ Meeting Date 4/5/94 FY 93-94 FY 94-95 % Increase FY 94-95 FY 94-95 AssessmentJ Assessment! or COST/EDU Revenue EDU EDU Decrease Eastlake Maintenance District No. 1 Zone A - Eastlake I $6.98 $9.50 36% $11.35 $89,792 Zone B - Eastlake Greens 10.64 14.86 40% 16.65 29,032 Zone C - Olympic Training Center 0 126.92 N/A 126.54 63,445 Zone D - Salt Creek I 6.98 370.00 N/A 371.85 172,639 Staff recommends a 36'To mcrease in the annual assessment for Zone A. This zone mamtams medians and parl<Ways along Telegraph Canyon Road, Otay Lakes Road and Eastlake I area. The $2.52 increase is due to new medians along Otay Lakes Road (prorata share) and medians along the SR-125 corridor that are now proposed to be maintained by the Zone. Staff also recommends a 40% increase in the annual assessment for Zone B. The $4.22 increase is mostly due to new medians and parkways being turned over to the City for maintenance within Eastlake Greens as well as their share of new medians along Otay Lakes Road. The $126.92 per EDU annual assessment that staff recommends for Zone C will be paid by the one property owner that comprises the district, the Olympic Training Center (500 EDU's). Turnover is anticipated to occur in January of 1995 so the 50 % reserve will be accumulated by this assessment. The increase in annual assessment that staff recommends for Zone D is due to newly turned over open space, parkways and medians within Salt Creek I. This Zone also maintains its share of medians and parkways along Otay Lakes Road and Telegraph Canyon Road. medians within East1ake I and the SR 125 corridor. Landscavin!! and Li!!htin!! Act of 1972 Le!!islative Chan!!es The 1972 Act has been revised (Section 22630.5) to allow property owners with increased assessments to protest the increase. The change further provides that an increase is not allowed if a majority protest, by land area, exists. Also pursuant to Section 54954.6 of the Government Code, property owners subject to an increased assessment shall be notified of the two hearings by mail 45 days in advance of the second public hearing. However, staff will be notifying all property owners of their present assessment and their proposed assessment. Notice The public hearings will be noticed pursuant to Government Code 6063 which requires that notice be published at least once a week for three weeks 10 days before the second public hearing. The notice will inform the resident of his/her district, last year's assessment and the proposed assessment for this year. Staff will also notify the residents of an informal meeting to be held by staff in April. Residents have already been invited to an informal meeting on the budgets, held in January 1994. FISCAL IMPACT: Staff cost associated with the open space program are generated by Parks and Recreation, Engineering, and Data Processing. Contractual costs are outlined in Attachment A. These costs are recovered through the Open Space District Assessments, causing no net fiscal impact. _A ~~_'_ Athu,;hmtmt B: Open S . Maps Attachment c: Sam act DDS'OSOOl WPC F:\HOME\ENGlNEER\AGENDA\1650.94 /3"',,/1.1 .._m _ _.'n,'·'__,. __.._.."_______~___ RESOLUTION NO. /7J/'¡ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORTS FOR THE FY 1994-95 SPREAD OF ASSESSMENTS FOR CITY OPEN SPACE MAINTENANCE DISTRICTS 1-9, 11, 14, 15, 17, 18, 20, 23, 24, 26, EASTLAKE, BAY BOULEVARD AND TOWN CENTRE, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS AND SETTING JUNE 7, 1994 AT 4:00 P.M. AND JUNE 14, 1994 AT 6:00 P.M. AS THE DATES AND TIMES FOR THE PUBLIC HEARINGS WHEREAS, pursuant to Article 4, Chapter 1, Part 2 of Division 15 of the California Streets and Highways code, also known as "Landscaping and Lighting Act of 1972" and Chula vista Municipal Code Chapter 17.07, the City Engineer prepared and filed the annual reports for all existing Open Space Maintenance Districts in the City; and WHEREAS, these reports were prepared by the city Engineer or under his direction and are presented to Council for approval in order to proceed with public hearings set for June 7 and 14, 1994, in accordance with the Landscaping and Lighting Act of 1972". The reports cover the following districts: 1. Open Space District Nos. 1-9, 11, 14, 15, 17, 18, 20, 23, 24, and 26 2 . Eastlake 3 . Bay Boulevard and Town Centre Landscaping Districts WHEREAS, the Parks and Recreation Department conducted an informal meeting for all property owners within each district in January at which time staff explained the proposed budget; and, WHEREAS, the proposed assessments for Fiscal Year 1994-95 are as follows: 1 1't',I/ - --- - - ---------+.-.-------.---. .--------.-----,-- --'- TABLE 2 LAST FY YS. THIS FY ANNUAL ASSESSMENT AND % CHANGE % Increase or FY 93-!J4 FY 9HS Dee...... FY!I4-9S FY!I4-9S OSD &seasmenUEDU AsaessmentlEDUl'1 COSTlEDuø! Revenue I $78.86 "".70 -1% $73.00 $61,805 2 32.44 39.54 22% 46.00 9.842 3 250.90 267.06 6% 279.00 33,915 4 197.08 282.!J4 44% 285.00 59,415 5 224.22 243.12 8% m.oo 29,659 6 128.00 136.26 6% 143.00 22,071 7 87.58 95.86 9% 114.00 9,968 8 430.94 430.!J4 0% 446.00 47,403 9 92.88 111.42 20% 137.00 42,784 11 81.22 83.58 3% 87.00 110,403 14 254.74 270.35 6% 289.00 236,101 IS 234.24 234.24 0% 245.00 13,352 17 124.74 124.74 0% 132.00 5,738 18 303.34 321.40 6% 330.00 124,559 20(1) 229.26 223.12 -3% 311.76 441,087 23 0 335.70 (2)(6) NIA 306.00 18,799 24 210.98 495.73 135% 528.00 19,829 26 359.00 394.30 OJ 10% 356.00 7,491 Bay Blvd. 1,000.80 889.00 OJ -11% 1,421.00 8,900 Town Centre 43.58 45.56 OJ 5% 52.00 45,557 EASTLAKE MAINTENANCE DISTRICI NO.1 Zone A - Eastlake I 6.98 9.50 36% 11.35 89,792 Zone B - Eastlake Greens 10.64 14.86 40% 16.65 29,032 Zone C - Olympic Training Ctr 0 126.92 NIA 126.54 - 63,455 co Zone D - Salt Creek I (6) 6.98 370.00 NIA 371.85 172.639 (1)See Engineer's Report for amortized costs (1)ResclVc is at 10% ß)Bssed OIl preliminary budgets «()Includes prorata share of Zone A (.S)Per benefit unit (6)Peracre nTfbe Olympic Training Center is the sole contributor to this zone roReserve is at 20 % . NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby approve the Engineer's reports for the FY 1994- 95 spread of assessments for City Open Space Maintenance Districts 1-9, 11, 14, 15, 17, 18, 20, 23, 24, and 26, Eastlake, Bay Boulevard and Town Centre, a copy of which is on file in the office of the city Clerk, and declare its intention to levy and collect assessments. 2 / y,/ ,).. ...--.-.--. - ------_...._--,--".__.~_._--- BE IT FURTHER RESOLVED that the city council does hereby set June 7, 1994 at 4:00 p.m. and June 14, 1994 at 6:00 p.m. in the Council Chambers, City of Chula Vista, 276 Fourth Avenue, Chula Vista, California as the dates and times for the public hearings on said assessments. BE IT FURTHER RESOLVED that ~ity Cle is hereby directed to pubU,h ..id a..e,..ent, pu",uant tn ," . ..~ 0 e ~O63. Pre,ented by ¿:;:~ a form by John P. Lippitt, Director of Bruce M. Booga d City Attorney Public Works C:\rs\OSEngRpt,all 3 /8'''13 --- ---------_._-_._-_._-_.__.._-_..__.._-_...._--~--- .J~ Ik' . ATTACHMENT A . ENGINEER'S REPORTS A -./ /?¡r /5 -_.._-_..~_._- ... -_..,-- - - --" -- "--~._-_.--,..._---_.-.._--_._..~----,-----_._---- -- THIS PAGE BLANK -- A~~ 1<[;/,0 - - ENGINEER'S REPORT LANDSCAPING AND LIGHTING ACT OF 1972 CITY OF CHULA VISTA for OPEN SPACE DISTRICT NOS. 1 THROUGH 9, 11, 14, 15, 17, 18,20,23,24,26 BAY BOULEVARD, TOWN CENTER, AND EASTLAKE MAINTENANCE DISTRICT NO. 1 FISCAL YEAR 1994-1995 (RENEWAL) Prepared by: Engineering Division Department of Public Works City of Chula Vista \ <6~ 1'1- _£d_ _-:3______ _____________________________________ ENGINEER'S REPORT OPEN SPACE DISTRICTS NOS. 1 THROUGH 9, 11, 14, 15, 17, 18, 20, 23, 24, 26 BAY BOULEVARD TOWN CENTER, AND EASTLAKE MAINTENANCE DISTRICT NO 1 (Pursuant to the Landscaping and Lighting Act of 1972) The City Engineer, Engineer of Work for Open Space Districts 1 through 9, 11, 14, 15, 17, 18, 20, 23, 24, 26 Bay Boulevard, Town Center, and Eastlake Maintenance District No 1, City of Chula Vista, San Diego County, California, makes this report, as directed by the city Council, Resolution 17372, dated January 25, 1994, pursuant to Section 22585 of the Streets and Highways Code (Landscaping and Lighting Act of 1972), and Chapter 17 of the Municipal Code, The improvements which are the subject of this report are briefly described as follows: The renovation, improvement, maintenance and furnishing of electric current for the street lights and appliances, for the landscaping renovation and maintenance, for the drainage area maintenance including silt removal. This report consists of six parts, as follows: · PART A--Plans and specifications for the improvements are filed with the City Clerk. Although separately bound, the plans and specifications are a part of this report and are included in it by reference. · PART B--An estimate of the cost of improvement and net assessment. · PART C--An Asse~sment of the estimated cost of the improvement on each benefitted parcel of land within the assessment districts. · PART D--A statement of the :method by which the undersigned has determined the amount proposed to be assessed against each parcel. · PART E--A list of names and addresses of the owners of real property within these assessment districts, as shown on the last equalized assessment roll for taxes, or as known to the Clerk. The list is keyed to Exhibit C by assessment number. · PART P--A diagram showing all of the parcels of real property within these assessment districts. (F:\MOME\ENGINEER\OPENSPAC\ENGRPT.TA) A-~ 1~1'6 PART A Plans and specifications for the improvement of Open Space Districts 1 through 9, 11, 14, 15, 17, 18, 20, 23, 24, 26 Bay Boulevard, Town Center, and Eastlake Maintenance District No. 1 have been filed separately with the Street Superintendent of the legislative body and are incorporated in this Report by reference. (1-5 I <6 - I (71 ----~._~--_._------"_._-~~-~~._-_..._.._~----_..- I!un i o 18 a. ¡ R s: ·i ~~ '" ¡;; i~ 11 II 888888 8 8~888 ~ J:! in ~~uu ~ i. O!; ä 11 ~i \Ii," ..:.,¡ ~ !¡ g~ :¡~ ~ 888888 8 ¡:¡ g !:! 11 ¡ ~.u~~~ .; ~ ~ ! 1 . 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EJ-:- J I \<6~L.S- . _..-~---~-------_.._,._.__.._._.---_.~---------_._._-~- RANCHO DEL REY OSD 20 - FY 1994195 RESERVE WORKSHEET P&R BUDGET LBSS LBSS 94/95 SAVING 94/95 RESERVE AMORT GROSS BUDGET INT& NET AlLOCATION BUDGET REQ'T COSTS NEED RESERVE SAVINGS ASSM'T ZONE 1 $0 $0 $33,847 $33,847 $0 $3,566 $30,281 ZONE 2 $4,940 $3,952 $1,101 $9,993 $5,305 $3,932 f75/i ZONE 3 $22,830 $11,415 $0 $34,245 $6,408 $3,970 $%3,867 ZONE 4 $57,910 $28,955 $4,002 $90,867 $26,018 $16,541 $48,308 ZONE 5 $438,050 $284,733 $34,617 $757,400 $264,655 $168,037 $324,707 ZONE 6 $0 $0 $0 $0 $0 $0 ZONE 7 $15,230 $7,615 $0 $22,845 $2,424 $7,254 $13,167 TOTAL $538,960 $336,670 $73,567 $949,197 $304,810 $203,300 $441,087 A-/~ 1'£-'20 ?SD-20, Rancho del Rey consists of seven zones for the maintenance of various facilities. The description of Nark 8IId amortized costs are broken down by zones below: Ruc:bo DOl Rey OpeD Space DIoIrIct No. 20 AlmualJzed Cœb AmOUDt AecumllJatecl (90191, 91/92, FY 94-95 Z- DescrlptloD 92193,93194) AmOUDt Work »-:rIptlOD 1 Deallting basin $108,588 $27,147 DeaUting basin mlinleDlllCe (every 5 yeon) 26,800 6,700 S..hill'''';œ __ mlintenmce (r:vrJtY 3 yeon) 2 Rice Conyon 3,492 873 SII¡in¡ ItI!& - AJC overlay aeaI and atripe (every 5 yeon) 912 228 SII¡in¡ ItI!& mlintenance (30-year period) 24,504 0 MisceUaneous 3 E. H SL medilJl 0 0 4 SPA 1 Phase 1 16.008 4,002 MonllD1enllüon Rplacement (30-year period) (Business Center) 5 SPA 1 Phases 2-6 154,508 34,617 Theme wall '" monwnent Rplacement (3O-ycar period) 6 SPA 2 0 0 7 SPA 3 0 0 ß TOTAL $3:30,408 $73,567 WPC PlØJME'Ð<GlNEERlAGENDA\l6S0.94 1±~_L3 \ '6-L--~ --..-..-- --.-.~,---. ._---_."-,_...~----~-~-'---- --.---- EASTLArE IAIITENANCE DISTRICT NO, 1 FY 1994/95 3120/94 ZONE A lONE B ZONE C tOIlE D EASTLArE I &REENS 01C SALT CREEr 1 OlR TOIAL IUD6ET 66,050 23,410 60,920 161,210 59,B50 37B,440 RESERVE RED'T 23,B80 11,705 0 0 17,955 53,540 T01AL FUNDS IlEEDED 89,930 35,115 60,920 161,210 77,B05 431,980 LESS MOUlT IN RESERVE 39,415 I,B54 0 0 11,576 52,B45 LESS SAVIN6S/INTEREST 6,603 14,139 0 0 l,B12 22,553 LESS TeE SHARE 1,663 1,663 IlET ASSESSllENT 43,912 19,122 60,920 168,210 62,754 354,919 PARTICIPATING ADT'S 99256,00 19m SOOO 4666 123,808.00 ASSESSftENT/EDU $4,42 n.7B $121.84 $360,50 $5,08 IDTE: ZONE ABC AND DSD 31 (TCEI SHARE TCE SHARE . 1663,13 COST Of 01AY LArES ROAD "EDlANS 345 HO"ES . 4.82 SR 125 ANTICIPATED TURNOVER IS 1/95-501 RESERVE BUILT IN ELAStH .NRl r-i-ft \q--L.-q . - g~~ 5:¡:g¡ g~ ~ i~~.~¡ !; ~. ~ 0, Ii!!i ~E r;¿ ¡;;~ It ~ '" ~ ~~ '" ~ - ,..J'O ... ~ § !¡~!!!! ~ ~ J ¡;f ~.. :II ¡;¡ .:! ~ 5 ~ u ~ ~ if~~~ ~ i oI¡I II> E ; ~¡:¡ ~ ¡ g¡ ~ ... ¡¡j ~U~~~~ ~ ~ co "! ~~ ¡:. 1§ Q "';:;f"~;:a::¡ ~ ~ ~ !! g¡ ~ ;¡ ... ...- - z .. .. .. ~ 0 u z" ~!ã~~~~. 1)j. ~ ii! "" ~~ g¡ ~~ ! ~ .......... ... z '" ¡;;..,II¡-.., § ........ ~ô ;; ~ M ~ -- ~ ¡;¡ .. .. g¡ z 5 0 ~ z ¡: å~å~.~~~ ~ f ~ .-¡ S:~ Q,,~ ~ ~ .....~ '" ~~.ø.. ¡;¡~ ¡;; II¡ a 0\. _M - .. ~ <g¡~ ~~~ ~ z ~äi~.~.!§ ~ .~ 0 ~ II> ",¡;;; ffi~3: 14 ;;~ t!:!: ~ g¡ .. '" z ~~~ . 8 ~ ~ nE !~~ä ! ~ Ii ~ § "! \2!ò! - í ~ ~~ " ¡;¡ tf_ ...... ~o '" '" '" I~ o < ~!!~~8~ § $ I I ~ g¡ g¡ ....__... t'"- ,,~ ~ ~ ¡;i¡;¡ :;i~"" i ~ i~ II> !~ t ~ þ ~ I ~~ Ii i ¡ ~ ~ ~ ª ~ ~g ~ oI¡I- -. i B i5~ ~ ~~ ~ ~~S~~ ~ ¡ g) ~E ~ ~e; ~~~B5 ~.~ 0 . _ a-J- \~Lq .. .... . ....._- - ~.-_._._.._--------_.__._._-- PART C -- ASSESSMENT ROLL Assessment Roll is on file in the office of the City Engineer. PART D -- METHOD OF APPORTIONMENT OF ASSESSMENr The manner in which the City Engineer has apportioned the annual assessment to each parcel in the Open Space Districts is consistent with the method of spread initially established by the Assessment Engineer. Assessment Engineer for Bay Boulevard and Town Center Districts was Patrick N. Rosetti. Assessment Enqineer for Open space District No. 20 was willdan Associates. PART E -- PROPERTY OWNER'S LIST The property owner's list is made a part of this report by reference and is filed in the Office of the City Treasurer. PART F--ASSESSMENT DIAGRAM (Attached) r+ - 1(1) \~--b() - - -- _.. ._~ .. __._ _n..... . ATTACHMENT B· OPEN SPACE DISTRICT MAPS 13-/ (c¿ -3 I _ "._, ._.,_",.___.___._.~...__ _ __o.m....___._._..____ -- THIS PAGE BLANK -- P --~ 1~-:S2-- '.. ; ~. - ! I ~ J , , .... . " !'. .. - · . '.' .1 i : I * ...: ~,S - . .. fO. !: ~"'''.J", · " · "........ ,/ "'. w'..... ....:. / 'oJ; ,', , I ,. - ; ¡ , -1 , :;1 " . " . ~ :;!: ." ¡I¡ II' - ;! i; i i iil\( 1 .. C,) ~I\iI R ~ ~!Ii)' ~ ;!I II tJ ' 'J!'J . ~ ~ 'III! , ' : I 5 , Ihill IØ ¡, ¡I z ~ 1& iiI.li! ..-: (<i-~. OSD I ·1 ~.. ¡H'jd ~ . -_.~.. " . . ~ 110. . - . . i ...- - -.--... ., .. ., OPEN SPACE .DISTRICT NO. n . OF THE CITY OF CHULA VISTA . DE5CIIIPTION ., . .. ,..tlØlllP rM #IM,t fIlM' ., N.urN#MAl N("(IoIIf ". ,.,.,.",,- . ..vrN. ItANtlr Ild,r, ..." M'MA'iItINtf ....E AN" ÞIlIIIHAN, #lC~IJINð '" ftt:11I P 6U1t'1" MIA' þ/Ø. .;JlÞ'1. '/llþ IN 'I'Ie ""C' " '''E eøv....,.'· Itttø.r:'''EIt #1' $AN NU. .TAr, IV ÇAI./~NIA <iIN# tt"lNt1 "",,,,,N ¿A,r"",,,,.N l:¡II(VI." "I$7A 4hI'" Nt. , øvþ.,tI""1W'I Nit NA/Þ rtn.,,,, NO HI.; JI,,' """,..","'"", ÞlIILA tltlT" fPlIT IIIØ II ,.,.þnll'fAV Nit þ/l<AÞ ,,,,.,,.,- I/Ø. W~I. A"'D .All!· *""1'" ÇNVlA I'IIT,A JIlt. " ~.ÞlrlIIHÞ'" ". fJ<UI 'NUL" Nil. 7'."~· AN" U"IC"KA""N ~I.. ""'A VNI' NtÞ. 4 ~",.,.,., Nit MIl' Ð/lnN _. PI.', "elll,. .,.",. ~ ~I/IM _MI'i/IWiN ~'M·. "'T-e"ANII "H.rlllAll MC.... It! oI! . , . . . . . Pi 13 . 1[1"C, ", . II .. .". ... ~ .. '" I -- .. .. - - ~ ., '" .. In IN no - ., .. .. ~ .. .. .. ~ U ., ., Id . . , . . .. V zA . . . 1 . LEGEND . , . _DiMI"IcI ~."I' . =#þ'" 'µ.' "-. _Inf_ . . ., MH.""'''' N....,.. .J:j . _ $IIWWiIi#l> "'-,.iø, . --~ -' _Þ,)".I " ......-", . ) () SD 2., APPROVAL . "#lllllÞV~1'J øtl' TNI eNV4.,tI "'.,.. elrY . ~ øY _INNAÞI&I ""rID. '.j3-~ 1<1> S ~_¡,~._. - -~ .- -. -. r..-----·- . . ~! I ~I J i II,; . ''"., hi !¡¡ II I. ~ It .IIQ\i .d I~ ,¡Iili . I . " 1.- ... f =..~ ! tt ;¡t,~.. 'Lri "'~;' " " ~ 1 j I '.\ '.. '. :. "j" ¡'jiitt: i i"_j~t ~;f!1: ;':.' ' I J~¡H ti'¡~ i. ¡.i.t~:, :11:: . t' i th ii~i ~i :l~7j!1 nl;!1 !~t~,. ! I Huti:¡, ii H!11~! b~i~~ l~;~~ I 1{ t' - -'hot· "1" "'d" . Ii l";Ui!: i11,ôìi !i,.J! !._I~ .t II'il'."'J' 'i ';I.!". :;,p,. ;¡~I! 1 .1.h..~ f I, ..~:-;I:í iio,:¡. <t¡ .'1. v Illfli'(,' t "'II, . I. '.: . ¡ ,¡ :; , I Will;1 i ;!i!!H! Hlr~;¡ ¡¡¡¡! It I 'I'·~" ¡, !!¡",; .Ii II,.!~~ ~i,1; Ii 11.dil it !~t%~'i! ¡i~.l:· -Hi' . I~; IIiu Ii q,,¡¡U J. IUH ¡~.:. ¡ J..l,.u,¡ U. SUi , . Ii! I ~ I 1:.:. - '. '. ':z . . . I I I -- - ,. I II ! -'''',''::. 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SQ· ZD . ~ . - .... 31"-'9 e IfG" - - 5101T % O~ 2 I . -J "LE NO JO-OO9 DWN BT: Jwlol TOP/N CENT,";': N- .si~':';T l/~;¡TINC {- DATE: LA,·...:;5C,,:,'='J! I~.~,:,.,"',EN,:./.¡C~ l~/5í,:(JI&T ì - 2 ~ - . ~ ATIACHMENT C - SAMPLE CONTRACT {!_j \ß-l-3 . ,.----_... ,.-----.---....--...---.---..........-- -- THIS PAGE BLANK -- ~ -d- \ ~-l-Y · 0 NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN THAT THE CITY OF CHULA VISTA WILL RECEIVE SEALED BIDS FOR THE ITEMS LISTED BELOW. SPECIFICATIONS AND BIDDING INSTRUCTIONS MAY BE OBTAINED FROM THE PURCHASING DIVISION, 316 FOURTH AVENUE, SUITE P, CHULA VISTA, CALIFORNIA 91910, WHERE THE BIDS WILL BE RECEIVED UNTIL MAY 21,1993, AT THE TIME SPECIFIED: 11:00 AM - Open Space Districts 3, 4, & 8 Landscape Maintenance JAMES V. ESPINOSA PURCHASING AGENT DATED: MAY 5,1993 \q;-1-ç /1_ _ :;;;L____ _____-_ ______________ _____________________~_ , , 0 BID NUMBER 10-92/93 CITY OF CHULA VISTA NOTIC!; TO CONTRACTORS LNVITATION TO aJQ NOTICE 'IS HEREBY GIVEN THAT sealed bids will be received at the office of the Purchasing Agent, 315 Fourth Avenue, Suite P, Chula Vista, California 91910, until 11:00 am on May 21, 1993, at which time they will be Dubliclv oDened and read for performing work as follows: LANDSCAPE MAINTENANCE OF OPEN SPACE DISTRICT(S) NUMBER 3, 4, & 8 FOR THE PERIOD JULY 1, 1993 THROUGH JUNE 30, 1994 The City of Chula Vista hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this Notice, small and minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex or national origin in consideration for an award. No bid shall be received unless it is made on a Bid Form furnished by the City. Each bid must be accompanied by cash, certified check, an amount equal to at least ten percent (10%) of the amount bid, such Guaranty to be forfeited should the bidder to whom the contract is awarded fail to enter into the contract. No bidder's Guaranty is required if the . bid amount is $50,000 or less. Contractors are obliaated on Iv to Dav minimum waae to oersons emploved bv them for work under this contract. BIDS WILL NOT BE ACCEPTED FROM BIDDERS WHO DO NOT ATTEND THE PRE· BID CONFERENCE. THIS MEETING WILL BE HELD AT 8:30 AM, ON MAY 11,1993, IN THE PARIW.JAY COMMUNITY CENTER, EAST ROOM, AT 373 Fourth Avenue, Chula Vista, CA. No bid will be accepted from a contractor who has not been licensed in accordance with the provisions of Chapter 9, Division 3 of the Business and Professions Code. District plats, bid forms, contract special provisions, and specifications may be examined at the office of Parks and Recreation, City Hall, 276 Fourth Avenue, Chula Vista, California. Copies of plans and specifications may be obtained at the office upon payment of $6.00. (!~~ 1'(;-=tCò , ' , BID NUMBER 10-92/93 Remit $9.00 if you wish to have the plans and specifications mailed to you. If payment is to be made by check, it should be made payable to the "City of Chula Vista." NO REFUNDS WILL BE MADE The special attention of prospective bidders is called to Bid Requirements and conditions. for instructions regarding bidding on following page. The City Council reserves the right to reject any of all bids and to waive any irregularity or informality in any bid to the extent permitted by law. DATED: ~1A;' 5, 1993 PURCHASING AGENT CITY OF CHULA VISTA PARKS & RECREATION DEPT. C!--5 \ '6---=r--=t ,.~_._-- --~~~.__._---- _.,,-- .. . , . BID NUMBER 10-92/93 BID REQUIREMENTS AND CONDITIONS . EXAMINATION OF PLANS. SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF WORK: The bidder is required to examine carefully the site and the bid form, plans, specifications, and contract forms for the work contemplated, and It will be assumed that the bidder has investigated and is satisfied as to the conditions to be,encountered, as to the character, quality, and quantities or work to be performed and materials to be furnished, and as to the requirements of the specifications, the special provisions, and the contract. It is mutually agreed that submission of a bid shall be considered prima facie evidence that the bidder has made such an examination. BID FORM: All bids must be made upon forms furnished by the City. The followirig document must be completed and submitted with the bid: 1. Bid form 2. Disclosure statement 3. Bidder's Guaranty if bid amount exceeds $50,000. After award of the contract, the successful bidder must complete the following additional documents: 1. Contract 2. Non-collision Affidavit 3. Liability Insurance 4. Guarantee (if required) REJECTION OF PROPOSALS CONTAINING ALTERATIONS, ERASURES, OR IRREGULARITIES A licensed contractor shall not submit a bid unless his or her contractor's license number appears clearly on the bid, the license expiration date Is stated, and the bid contains a statement that the representations made therein are made under ¡:>enalty of perjury. Any bid not containing this information, or a bid containing information which Is subsequently proven false, shall be considered unresponsive and shall be rejected by the public agency. ~-G \ t~=t ~ , , . BID NUMBER 10-92/93 Proposals may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids, incomplete bids, erasures, or irregularities of any kind. In case of disparity in the proposal between the lump sum or unit bid price shown in figures and words, the unit bid price or lump sum amount as stated in words shall prevail and take precedence. The right is reserved to reject any and all proposals. BIDDER'S GUARANTY: The City Charter requires that all bids of more than fifty thousand dollars ($50,000) shall be accompanied by cash, Certified or cashier's check, or a bidder's bond executed by a corporate surety authorized to engage in such business in California, made payable to the City of Chula Vista. All bids shall be presented under sealed cover and shall be accompanied by a Bidder's Guaranty if the amount of the bid exceeds $50,000. The Bidder's Guaranty shall be for an amount equal to at least ten percent (10%) of the amount of said bid, and no bid shall be considered unless such Guaranty is enclosed therewith. The contractor is responsible for including a proper bid Guaranty whether or not the amount of the total bid is correct. If it is found upon opening of the bid and checking the bid items that a bid guaranty should have been included and was not (the correct grant total bid amount exceeds $50,000), the bid shall be rejected. Also, if the amount of the bid bond is less than that specified in the notice inviting bids or in the specifications referred to therein, the bid shall be subject to rejection. Cause for rejection for insufficient amount of bid Guaranty shall be left to the discretion of the City. RETURN OF BIDDERS GUARANTY Within ten (10) working days after the award of the contract, the City of Chula Vista will return the cash or checks accompanying the proposals which are not to be considered in making the award. All other proposal guarantees will be held until the contract has been finally executed, after which the cash or checks will be returned. Bid bonds will be returned upon request. PUBLIC OPENING OF PROPOSALS Sealed bids will be opened and read publicly in the Public Services Building, Conference Room 2, 276 Fourth Avenue, Chura Vista, CA, at the time indicated in the Notice to Contractors. Bidders or their authorized representatives are invited to be present. d. -7 1'6- -::=t9 - --~---_._~."- --"---- _.._.~._--~_._--"_...._._,~.-._,_'_"" , , BID To the Honorable Mayor and City Council of the City of Chula Vista. The undersigned declares that he carefully examined the plans and specifications for: LANDSCAPE MAINTENANCE OF OPEN SPACE DISTRICT(S) NUMBER 3, FOR THE PERIOD JULY 1, 1993 THROUGH JUNE 30, 1994 and that he has examined the location of the proposed work and has read the accompanying instruction to bidders, and hereby proposes to furnish all materials, and do all the work required to complete the said work In accordance with said plans, specifications, and Special Provisions for the unit price or lump sum set forth in the following schedule. PROPOSALS WILL NOT BE ACCEPTED FROM BIDDERS WHO DO NOT ATTEND THE PRE·BID CONFERENCE. The contractor has THREE HUNDRED SIXTY·FIVE (365) Calendar days to complete the project. DISTRICT AREA DESCRIPTION PERIOD AREA TOTAL NUMBER CODE PRICE PRICE TYPE 3 1 Approx. .7 acres of slope 1 yr. $ maintenance on Otay Lakes Road 3 1 Approx. .41 acres of slope 1 yr. $ maintenance on Allen School Road 3 1 Approx. 3.9 acres of slope 1 yr. S maintenance 3 3 Approx. 3.5 acres of 1 yr. S hydroseeded area 3 Approx. 20 Eucalyptus trees to 1 time S be 'cleaned, topped, and shaped at direction of Open Space Coordinator (Unsupervised trimming will not be paid for.) Work to be performed during the month of November (!- g r~ìO ., - . . DISTRICT AREA DESCRIPTION - PERIOD AREA TOTAL NUMBER CODE PRICE PRICE TYPE TOTAL OSD 3 $ -2- . 1~'6ì C-9 ~- - ---.-"...-----.-.--.---, .. I \ Summary of fertilization requirements for Open Space DistriCf 3 (excluding the 6th turf fertilization) ANALYSIS 1/1 BAGS 31-0-0 60 15-5-7 (shrubs, groundcover & trees) 150 15-5-7 34-3-7 22-3-9 This column for calculation purposes only. Total District Bid (above) Is to Include fertilizer costs. * See attachment to Specifications for description of various Open Space Maintenance Areas. , -3- C - /() ('l-~L-- , . ' \ BID To the Honorable Mayor and City Council of the City of Chula Vista. The undersigned declares that he carefully examined the plans and specifications for: LANDSCAPE MAINTENANCE OF OPEN SPACE DISTRICT(S) NUMBER 4, FOR THE PERIOD JULY 1, 1993 THROUGH JUNE 3D, 1994 and that he has examined the . location of the proposed work and has read the accompanying instruction to bidders, and hereby proposes to furnish all materials, and do all the work required to complete the said work in accordance with said plans, specifications, and Special Provisions for the unit price or lump sum set forth in the . following schedule. PROPOSALS WILL NOT BE ACCEPTED FROM BIDDERS WHO DO NOT ATTEND THE PRE·BID CONFERENCE. The contractor has THREE HUNDRED SIXTY·FIVE (365) Calendar days to complete the project. DISTRICT AREA DESCRIPTION PERIOD AREA TOTAL NUMBER CODE PRICE PRICE TYPE J.1D1L1. 4 3 Approx. .92 acres of 1 yr. $ hydroseeded slope 4 4 Approx. 6.3 acres of controlled 1 yr. $ nalural open space 4 5 Approx. 23.3 acres of natural 1 yr. $ open space 1.!!l1!..2 4 3 Approx. 2.42 acres of slope 1 yr. S maintenance 4 3 Natural open space 18.00 acres 1 yr. S C-:LL... I C¿~<6 S ,^,-.".-.--._,,----" - - -----~~_._- ------,---~._-------- . . DISTRICT AREA DESCRIPTION. PERIOD AREA TOTAL NUMBER CODE. PRICE PRICE TYPE Unit 3 4 3 Approx. 2.65 acres of slope 1 yr. $ maintenance. Approx. .75 acres of natural open space 4 2 Approx. .76 acres of lawn area 1 yr. $ with automatic irrigation (3901/2 Camino Elevado & adjacent to 344 Greenwood Place 4 3 Approx. 1.25 acres 01 1 yr. $ hydroseeded area 4 5 Approx. 14.58 acres of natural 1 yr. $ open space TOTAL OSD 4 $ -2- d-/~ 1<6--~Lf . . Summary of fertilization requirements for Open Space District 4 (excluding the 6th turf fertilization) ANALYSIS 1/ BAGS 31-0-0 51 15·5-7 (shrubs, ground cover & trees) 126 . 15-5·7 (turf) 19 34·3·7 6 22-3-9 3 This column for calculation purposes only. Total District Bid (above) is to include fertilizer costs. * See attachment to Specifications for description of various Open Space Maintenance Areas. -3- . C!.-/3 \q-'öÇ" ___"__ _n......_ _.____".__._~ _.__.__._-_._._~- ---- , \ . BID .. To the Honorable Mayor and City Council of the City of Chula Vista. The undersigned decfares that he carefully examined the plans and specifications for: LANDSCAPE MAINTENANCE OF OPEN SPACE DISTRICT(S) NUMBER 8, FOR THE PERIOD JULY 1, 1993 THROUGH JUNE 3D, 1994 and that he has examined the location of the proposed work and has read the accompanying instruction to bidders, and hereby proposes to furnish all materials, and do all the work required to complete the said work In accordance with said plans, specifications, and Special Provisions for the unit price or lump sum' set forth in the following schedule. PROPOSALS WILL NOT BE ACCEPTED FROM BIDDERS WHO DO NOT ATTEND THE PRE-BID CONFERENCE. The contractor has THREE HUNDRED SIXTY-FIVE (365) Calendar days to complete the project. DISTRICT AREA DESCRIPTION PERIOD AREA TOTAL NUMBER CODE PRICE PRICE TYPE a 1 Approx. 2.02 acres of slope 1 year $ maintenance a 4 Fertilize hillsides along Surrey 1 time $ Dr. & Rawhide Ct. 15-5-74.79 ac. a 4 Approx. 4.79 acres of slope 1 year $ maintenance a 3 Approx. 6.76 acres of slope 1 year $ maintenance a 5 Approx. 39.50 acres of slope 1 year $ maintenance ~ -/4 IC£-C¿rö . . DISTRICT AREA DESCRIPTION - PERIOD AREA TOTAL NUMBER CODE PRICE PRICE iYPE e Approx. 20 Eucalyptus trees to 1 time $ be cleaned, topped, and shaped at direction of Open Space Coordinator. (Unsupervised trimming will not be paid for.) Work to be performed durln~ the month of November. TOTAL OSD e $ . -2- (! -/5 I ~ - ~-::r- - -----.... -.,-------- --~~_._-_..,._-_._,.,. . \ . Summary of fertilization requirements for Open Space District 8 (excluding the 6th turf fertilization) ANALYSIS # BAGS 31-0-0 62 15-5-7 (shrubs, groundcover & trees) 181 15-5-7 (turf) 34·3-7 22·3-9 . This column for calculation purposes only. Total District Bid (above) Is to Include fertilizer costs. " See attachment to Specifications for description of various Open Space Maintenance Areas. -3- C - /{p (%-~g . . . \ . BID SUMMARY OPEN SPACE DISTRICT 3 $ OPEN SPACE DISTRICT " $ OPEN SPACE DISTRICT 8 $ GRAND TOTAL OF THE ABOVE $ . C-/7 I~-~~ ..-- ...---..-.-~-.-----.--'-.----.- .--- .. . TENTP'TIVE SCHEDULE FOR MAINTENANCE (SEE EXHIBIT °A" SCOPE OF SERVICES AND SCHEDULE) -4- r3-/~ ~-Ft 0 . . - . , Licensed in accordance with an Act providir:il for the registration of Contractors, License No. _ ; License Expiration Date ., Contractor's State License Classification REPRESENTATIONS EXPRESSED HEREIN ARE MADE UNDER PENALiY OF PERJURY Signature of bidder: (If an Individual, 10 state. If a firm or co-partnership, state the firm name and give the names of all Individuals, co-partners composing the firm. If a corporation, also names of President, Secretary, Treasurer and Manager thereof, and affix the Corporate Seal thereto.) . Dated: ,19_ (Business Address) (Phone Number) TAX IDENTIFICATION NUMBER -5- . (;-{9 1'6 ~ q I -"-----.- .--.--.,--.. ------.--'- --~--~----_.,- ---..----...- . . DESIGNATION OF SUBCONT::!ACTORS All bids received by the City from the contractor should include the name and the location of the place of business of each subcontractor who will perform work or labor or render lervice to the prime contractor in or about the construction of the work or Improvement and shall otherwise comply with the restrictions of Government Code Section 4100 et. leq. Specific attention should be paid to Government Code Section 4104, Subsections A and B. DIVISION OF WORK SUBCONTRACTOR & Amount of work by ADDRESS Subcontractor In Dollars I PROPER NAME OF BIDDER: BY: TITLE: -6- C2 -cJ.. Ó \ ~ ----9 '2- . , , , EXHIBIT "A" SCOPE OF SERVICES AND Sc'riEDULE The CONTRACTOR shall accomplish all normal landscape maintenance required under this contract sometime between the hours of 6:00 a.m. and 6:00 p.m., Monday through Friday. No maintenance functions that generate excess noise which would cause annoyance to residents of the area shall be commenced before 8:00 a.m., except in the case of a situation deemed emergency in nature. The Contractor shall establish a schedule of work to be followed in the performance of this contract. This schedule shall list days and approximate times the contractor will be in each. district. A copy of this schedule shaH be provided to the Director of Parks and Recreation, and any proposed changes in scheduling shall be reported, in writing, to the Director of Parks and Recreation immediately. The City may deduct a day's pay (bid price/12 (no. of working days he is scheduled to work that month) from the Contractor's monthly payment in Instances where CONTRACTOR has failed to visit a site as outlined in his schedule of work. Tentative schedule for each Ooen Soace Maintenance District shall be submitted with bid cackaoe. 1. PUBLIC CONVENIENCE: The CONTRACTOR shall conduct the work at all times in a manner which will not interfere with normal pedestrian traffic on adjacent sidewalks or vehicular traffic on adjacent streets. 2. NOTIFICATION The CONTRACTOR shall provide written notice listing exact starting dates of fertilization and other infrequent operations. Such notice shall be furnished to the Director at least ten (10) working days in advance of the starting date. 3. IRRIGATION GENERAL: Irrigation shall be done by the use of manual and/or automated systems, where available and operable; however, failure of the existina ¡rriaation svstem to orovide full and proper coveraae shall not relieve the Contractor of this resoonsibilitv. All areas not adequately covered by a manual and/or automated sprinkler system shall be irrigated by a portable Irrigation method. The Contractor shall furnish all hoses, nozzles, sprinklers, etc., necessary to accomplish this supplementary irrigation. Care shall be exercised to prevent a waste of water, erosion, and/or detrimental seepage into existing underground improvements or structures. When negligence on the part of the CONTRACTOR results in excessive use or waste of irrigation water, the estimated cost of the water shall be deducted from the contract payment. Any damages to public or private property resulting from excessive Irrigation or irrigation water run-off shall be charged against the contract payme.nt unless the CONTRACTOR makes immediate repairs, to the satisfaction of the Director. -7- C-~J {~ - q 3 " -"'-.".--- .-.--. _._..-._....&.-_----.~----_.- . . I All irrigation controllers shall be turned off during periods of rain by ;he CONTRACTOR and turned back on and reprogrammed at the completion of each rainy period. The CONTRACTOR shall keep controller and valve boxes clear of soil and debris and maintain the system, at no cost to the City, from the controller throughout the work site, This includes, but is not limited to: the replacement, repair, adjustment, raise or lower, straighten and any other operation required for the continued proper operation of the system. The City will compensate the CONTRACTOR for materials involved in the repair to Irrigation damaged by vandalism. theft. or disaoDearance. Labor, equipmant and other overhaad expenses are considered to be included in the contract amount bid to maintain the district. Upon receipt of an approved Invoice from the Contractor itemizing the materials Involved, a purchase order will be issued for that dollar amount. The City reserves the right to designate suppliers for these repair materials. A written report shall be submitted by the CONTRACTOR for all occurrences of vandalism, theft, or mysterious damage or disappearance detailing the quantity, size and location no later than 5 working days after the occurrence. CONTRACTOR's failure to meet this requirement will result In CONTRACTOR s resDonsibilitv for total reDair costs. The CONTRACTOR shall periodically Inspect the operation of the system for any malfunction. This periodic inspection may occur more often, but not less frequently than one ¡nSDection each week. 0 Any replacement must conform to the type and kind of existing system. Any deviation from the existing type must be approved in writing by the Director. The CONTRACTOR shall at the beginning of the maintenance period inspect the entire sprinkler system with the City's representative to become familiar with the locations of valves, heads, controllers, electric valves, melers and hose bibs. Special attention shall be directed to the maintenance of sprinkler equipment. Risers shall be adjusted by extension and location as plant material grows up and/or spreads out and adversely affects performance of the sprinklers. Any damage to or malfunction of the irrigation system shall be promptly repaired by the contractor. At no time will systems be shut down for extended periods - reDairs are to be made as discovered and reDorted. The Director of Parks and Recreation will require a change in the irrigation Ichedule at any time If It becomes necessary for water conservation. 4. WATER CONSERVATION The CONTRACTOR shall abide by any and all water conservation programs currently In effect by the water purveyor, and will be responsible for compliance to any emergency guidelines, rules and regulations effected during water crises. Failure to observe, obey and comply to the aforementioned will be the financial responsibility of the CONTRACTOR. For example, negligent -B- '. C - a-a I <6 ---C¡y . . , or untimely irrigation system maintenance producing water waste resulting in citati.:ns or fines by the water purveyor will be the responsibility of the CONTRACTOR. Irrigation scheduling programs will be set by the Department of Parks and Recreation. Any changes in programming must be done with City approval. 5. HYDROSEEDED BANKS OR FESCUE SLOPES: Hydroseeded banks or fescue slopes shall be irrigated Monday through Friday, to maintain horticulturally acceptable growth and color, and to encourage deep rooting. Under normal weather conditions, this irrigation will be equivalent to four Inches of water per month. Fescue color is expected to remain green and lush in color and appearance. Additional fertilization may be required throughout the contract year to maintain this green color. 6. IRRIGATING TREES AND SHRUBS: Newly planted trees and shrubs shall receive adequate water to promote normal growth, but not less than twelve (12) applications of water per year, providing at least twelve (12) inches of water penetration below the surface. 7. PRUNING SHRUBS AND GROUND COVER PLANTS: All shrubs and ground cover plants growing in the work area shall be pruned, as required, to maintain plants in a healthy, growing condition. Dead or damaged limbs or branches shall be removed immediatelv and all pruning cuts shall be made cleanly with sharp pruning tools, with no projections or stubs remaining. Any pruning cut which exceeds two inches In diameter shall be sealed with an acceptable pruning paint. All pruning shall be accomplished in a manner which will permit the plants to grow naturally in accordance with their normal growth characteristics. Shearing or severe pruning of plants will not be permitted unless a situation exists considered by the Director of Parks and Recreation to be hazardous. S. FERTILIZATION: SCHEDULE. GUARANTEED ANALYSIS. RATE OF APPLICATION PACKING AND GENERAL PROVISION: Fertilization of all young trees (3" caliber and smaller), shrubs and ground cover plants, Including plantings on hydroseeded banks, within designated work area shall be accomplished four (4) times per year with an approved commercial grade fertilizer adhering to the following: Auoust 1·15: Analvsis: Total Nitrogen (N) 31.0% 26.3% Water Insoluble Nitrogen 4.7% Water Soluble Nitrogen Available Phosphoric Acid (P205) 0 Soluble Potash (K2) 0 -9· C-d3 \ g - CJ~ "_.__.... ._-_0-." ........___.. ".,_~_.___.__.___~___.____.__ . . flate of Aoolication: 2,5 pounds of actual nitrogen per 1,000 square feet. Packaoino: 410 pound multi-wall paper bags, polyethylene-lined for moisture resistance. October 1-15 March 1-15 and Mav 1-15: Analvsis: Total Nitrogen (Ammoniac Nitrogen) 15.0% Available Phosphoric Acid (derived from Ammonium Phosphate) 5.0% Water Soluble Potash (derived from Muriate of Potash) 7.0% Combined Sulfur (expressed as elemental-derived from Sulfides & Sulfates) 17.0% Iron (expressed as elemental-derived from Sulfides and Sulfates) 1.4% Fertilizer pellets to be coated by water-soluble, heat resistant, biodegradable long-chain hydro-carbons Rate of Aoolication 1.0 pounds of actual nitrogen per 1,000 square feet Packaoino: 50 pounds multi-wall paper bags, polyethylene-lined for moisture resistance. Fertilization of all lawn areas within the designated work area shall be accomplished six (6) times per year with approved commercial grade fertilizers having the following guaranteed analysis: Auoust ,., 5, October 1 -1 5 and March 1 -1 5: Analvsis: . Total Nitrogen (Ammoniac Nitrogen) 15.0% Available Phosphoric Acid (derived from Ammonium Phosphate) 5.0% Water Soluble Potash (derived from Muriate of Potash) 7.0% Combined Sulfur (expressed as elemental-derived from Sulfides & Sulfates) 17.0% Iron (expressed as elemental-derived from Sulfides and Sulfates) 1.4% . . Fertilizer pellets to be coated by water-soluble, heat resistant. biodegradable long-chain hydro-carbons Rate of Aoolication: 1.0 pounds of actual nitrogen per 1,000 sq. ft. for August and March, 1.5 pounds of actual nitrogen per 1,000 square feet for October -10- C -;)4 1~~q0 . . Packacinc: ~' 50 pounds multi-wall paper bags, polyethylene-lined for moisture resistance. Mav , 5-30: Analvsis: Total Nitrogen (N) 34.0% 1.0% Ammoniacal Nitrogen 7.0% Coated Slow-Release Urea Nitrogen 26.0% Water Soluble Organic Nitrogen Available Phosphoric Acid (P205) 3.0% Soluble Potash (1<20) 7.0% Sulfur (S) 3.0% Rate of ADDlication: 3.0 pound of actual nitrogen per 1,000 square feet. Packaoino: 50 pounds multi-wall paper bags, polyethylene-lined for moisture resistance. Januarv 1 -, 5: Ana'vsis: Total Nitrogen (N) 22.0% 14.0% Ammoniacal Nitrogen 6.0% Nitrate Nitrogen Available Phosphoric Acid 3.0% Soluble Potash 9.0% Sulfur 10.0% Iron 1.5% Zinc 0.2% Rate of Applica!ion: 1.0 pound of actual nitrogen per 1,000 square feet. Packaoino: 50 pounds multi-wall paper bags, polyethylene-lined fOJ moisture resistance. The sixth fertilization shall consist of one pound of ACTUAL nitrogen per ',000 square feet. This application shall be made when directed by the Park Superintendent or his representative. The fertilizers shall be brought to the site in the original unopened containers bearing the manufacturer's guaranteed analysis. Damaged packages cannot be accepted. The CONTRACTOR shall furnish the Director of Parks and Recreation or a desIgnated representative, .,,- C -;).:S- Ic¡, -9 ==r -......---.-.-.... ----~-~- .__._.._-_._-~----,..~------- - - . . with duplicate signed, legible copies of all certificates and invoices for all fertilizer to be used in this contract. The invoices must state the grade. amount and quantity received. Both the coov to be retained bv the City and the CONTRACTOR's coov must be sianed bv the Park Suoerinlendent or his reoresenlative on sile before anv material mav be used. The CONTRACTOR may not begin the actual application until the obligations in Section 2 have been met. In addition, the CONTRACTOR shall submit as part of his written notice a schedule showing the site, date and approximate time of application of the fertilizer. Adequate irrigation will immediately follow the application of fertilizer to force the fertilizer material to rest directly on the soil surface (note section 4). Care shall be taken to ansure the fertilizer does not become caught in the plant foliage above the soil line and to avoid excessive watering resulting in the migration of fertilizing materials or soil. 9. LAWN MAINTENANCE Mowing shall be performed so that no more than one-third (1/3) of the grass blade is removed during each mowing in returning the grass to the accepted height. for the species of grass being mowed. inclement weather may preclude adherence to the frequency schedule. The Contractor may request alteration of this mowing frequency from the Director for reasons of rain or prolonged cold. The following mowing schedule shall apply: MOWING FREQUENCY MOWING FREQUENCY 3/1 thru 11/30 12/1 thru 2/26 1 time each week 1 time every 2 weeks To all (Code two) lawn areas listed in the bid portion of the contract document. All turf shall be edged adjacent to all improved surfaces: or where no improved surface exists, turf edges shall be maintained if the turf area abuts a shrub bed, property line or to maintain a turf delineation. " lawn areas shall be aerified a minimum of two times aach year and will be scheduled to occur as follows: All lawn areas - April 15-30 All lawn areas - August 15-30 Under adverse conditions or as a result of high use where turf is suffering from compaction, aerification may be necessary at more frequent intervals. Aeration shall be done with a power-driven or tractor-pulled aerifier using a 112' caring tine. In performing periodic operations as required herein. routine grounds maintenance leMces at the lame work lite such as, but not limited to. litter control, weed control and Irrigation shall continue without interruption. -12- C -f) f.Ð \~-9<6 . . 10. TREE MAINTENANCE: All trees shall be maintained in their natural shapes. The CONTRACTOR shall continuously remove "hanger" limbs and other obvious safety hazards, as required. Trees lost from causes other than CONTRACTOR'S negligence shall be removed and replaced by the CONTRACTOR with a fifteen (15) gallon size tree at the City's expense. The Park Superintendent may specify a species of tree for replacement different from the one lost. Any tree leaning or showing signs of root heavings shall be brought to the attention of the Dire~or of Parks and Recreation. ", in the judgment of the Director of Parks and Recreation, the tree must be removed, then the CONTRACTOR shall, at his expense remove said tree by flush-cutting. Undesirable growth from the remaining stump shall be controlled by an approved method. Stump grinding shall not be required. Young trees needing training and shaping and trees suckering shall be trlmme.d and/or suckered on a continuing basis as needed. Low overhanging branches shall be removed to a height of eleven (11) feet above street grade, and to a height of thirteen (13) feet above street grade on select major streets. Low branches overhanging sidewalks and parkways shall be removed to a height of nine (9) feet above grade. 11. LOW FLOW AND BROW CHANNEL MAINTENANCE: During the month of October, the CONTRACTOR shall clean all soil and debris from the channels and cut all the overhanging plant materials back to a minimum 12" height. All plant materials shall be removed from the Jobsite. During the year, removal of woody plant materials growing in the cracks or edges of the channel shall be removed to prevent damage to the concrete. Also, any loose materials, other than soil, shall be removed during the contract year. Following the rainy season, removal of accumulated sedimentation will be required. 12. REMOVAL OF DEBRIS: Promptly after the pruning. trimming, weeding. edging and other work required under this contract. the CONTRACTOR shall remove all debris generated by his/her performance of the work. Immediately after working in the areas of public walks. driveways or paved areas. they shall be cleaned with suitable equipment. All areas covered by this contract will be kept free of, but not limited to, the following: bottles, cans, paper, cardboard, or metallic items. Removal of common debris, including emptying of waste receptacles shall be performed on a continuing basis with a minimum of once a week pick-up. Areas containing walkways, or asphaltic concrete, stamped or textured concrete and/or concrete shall be swept as needed to maintain such walkways in an attractive manner. t3. WEED CONTROL: All landscape ar.as within the specified maintenance area shall be continuously kept free of weeds at all times. This means: complete removal of all weed growth shall be accomplished on a continuino basis as weeds appear, and not just once each 30 days. Weeds shall be controlled by hand, mechanical, or chemical methods. All noxious plant materials such as, but -13- C -éX 7 1'6 -c¡q - - -----"-".------_._-_._--~ ~- . \ . not limited to, poison oak and poison Ivy, shall be removed immediately by hand. All pathways, sidewalks, curbs, al)d gutters, shall be kept free of weeds by use of contact weed control chemicals. Weeds and plant materials removed shall be disposed of by the Contractor off-site in a manner consistent with Federal and State and Local rules and regulations. 14. DISEASE AND PEST CONTROL: The CONTRACTOR shall regularly inspect all plants for presence of disease or insect infestation. The CONTRACTOR shall advise the Director of Parks and Recreation or his representative If disease or insect infestation is found on any plant, Identifying the disease or infestation and specifying control measures to be taken, this includes vertebrate pest control. Upon approval of the Director of Parks and Recreation or his representative, the CONTRACTOR shall implement . the approved control measures exercising extreme caution in the application of spray material, dusts or other materials utilized. The CONTRACTOR shall utilize all safeguards necessary during disease, insect or pest control operations to ensure safety of the public and the employees of the CONTRACTOR. Care shall be taken that no puddles or pools of water which contain chemical residue remain after completion of applications of any harmful chemicals. Also, no permanent sterilant chemicals shall be used. No chemicals shall stain or cause to stain any concrete, brick, boulders, rocks, pavement, controllers or landscape plant material, or cause damage to same. As previously noted, the contractor shall hold the City harmless for any damage and will repair or replace, as applicable, any damage caused by the use of chemicals at no cost to the City. 15. REPLACEMENT OF PLANT MATERIALS: The CONTRACTOR.Shall replace any tree, shrub or ground cover plant which is damaged or lost as a result of faulty maintenance at no cost to the City. The Park Superintendent shall determine neglect. Any plant damaged or lost through vandalism shall be replaced at City expense. Cost for replacement of plants and trees lost through vandalism shall be a negotiable change in work item. In order to ensure maximum healthy growth and overall aesthetic appearance of plantings in the work area, it may be desirable to replace certain plants. The necessity or desirability of such plant replacement shall be determined by the Director of Parks and Recreation or his representative. The CONTRACTOR will be responsible for the maintenance of the replacement plants at no extra cost to the City. The City is responsible for the cost of replacing the plants. 16. BRUSH CLEARANCE Where determined by the Fire Marshal to be an extreme fire hazard, the Director shall require that flammable vegetation be cleared as directed from around structures by the CONTRACTOR the maximum of one time per year. Cleared material shall be disposed of from the site area. 17. ENVIRONMENTAL REGULATIONS On March 25, 1993, the United States Dep.rtment of the Interior listed thi Callfomia Gnatcatcher as a 'hreatened species" thereby requiring Federal protection of the songbird under the -14- {!.-a8 1~-IOð . . . I provisions of the Endangered Species Act of 1973 and all amendments thereto. The Act prohibits anyone from "taking" a Gnatcatcher, which includes killing, harming or harassing the species, or destruction of its habitat. Secretary of the Interior Babbitt has proposed special rules (Section 4 (d) of the act) which are intended to allow the US Fish and Wildlife Service to define conditions associated with certain land use activities under which the take of the Gnatcatcher or Its habitats would not be a violation of the act. Therefore, pending the findings and rulings of the US Fish & Wildlife Service, the Department of the Interior, The Resources Agency of California, the California Department of Fish & Game, and the Natural Community Conservation Planning (NCCP), any areas specified in this contract which may be precluded from maintenance or otherwise downwardly adjusted will be subject to an appropriate downward adjustment (as determined by the Director of Parks and Recreation) in compensation proportionate to the downward adjustments In area or. scope of services. This applies to any and all future environmental rulings and regulations which affect areas specifically stated or listed in this contract. . All portions of Section XIV of the agreement apply. 18. Security for Performance () Performance Bond, $ Equal to 15% of yearly bid price. () Letter of Credit, $ () Other Security: Type: Amount:S () Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below has occurred: () Retention Percentage: % () Retention Amount: $ Retention Release Event: () Completion of All Consultant Services () Other: ·15- ~-.1.g 1<6- (0 I ~---------------------~- -- · EXHIBIT "B" C - 30 I <6- I OL ~.. ." ¡ ....... , :- . . , ~ SPliCE MADn'EX'-\'Œ AIŒA D!SæIPTIo.\'S , AREA IDD.Tn'ICATID.'i AREA ro CCDE œa-.IPTI~1 · .. -, .~. .' . Areas COIItllÙl1Jl; ):Iel1œne:1t 1rri¡:a.tion systEmS . -1 -, planted iD ;:rcund CO\"'er. sbrubs and 'trees . .._ . - .. .. - - I:.:.:....;.;.:.;~ . · r·· a.'mll be kept 1I'eed tree as n!C\1Ù'ed b~' C1 ty . . . ........ . . Parks and Jiecrea.tio:z Director. '"eeds are . . . . . . ..... . . . . . . . . . considered as p1L..,t ICaterials ad r;rasses not consistent ,,'ith ~.fth1i"'-;l p1m¡tiz¡g. An~' area not.full)" covered nth p1:umeè gramd covers are to be replanted aDd ....... to fully c:cver area during the DO:ma1 crari::g "'t'II. Weedins Bbal1 be as necessary to crea.te a welllT.anicured appearance. All prov.isicœ 1D Section 2 apply to this area. ¡Y-tl~;:-;,~~.r'~.:!þ:'~< . .2 t:{~':"~~~;f.1,J ..J"'~ ImI'II area \l.ith :.utanatic irrigr,tion sýs'te:s. "....;:i:f.'. 7!; ·:7...l~';', . t' . 'JJ' ~...... ..:.>..,~..."t'!... t:eeding shall be %IS necessary to create a well .,- .~..)"':;... (.-;,; . ~~V¡"Þi ~., '.)o~ '.:t'I .'" -= .;.I,",""",~ ._ lIIUIicured appe:u-..nce. All provisions of Bect1œ - , 2 apply to this area. '.,,;,,' :;.:';.. " '. 3 Areas contlÜnin¡: pennanent irrigation S}'5tens ~ initially planted with h~'droseed IIWc and shrubs and trees, shall be kept "''eecI free as required by Parks and Re--..reation Director. Weeds are . considered plaIlts (wild flowers and grasses) . not coDsiste:¡t nth original hydroseed mix. 'lb~ . intent is to maintain health~' vegetation for hill holc!.ú:g. Provisions 01 Section 2-10 apply to trees and shrubs in this area hit DOt - to !Iydroseedeè section. ... .... · . 4 Areas contai¡¡:I:Ig pemanent or tanporary 1rrigau.. S)"Ste:llS iD natural OpeD space lands and slopes 11'1 th 1%:dige:¡ous plaJlt ~'th. Weed abatemel:lt iD these areas as directed by Parks and Recreation Director DOt to etceed 2 t:1mes per year. may '. consist 01 cutt1Jlg back to 6" !I1gh. Prcvis:ioos . . - ............................. . of Section 2-10 do not apply to this area. · . .. ............................. . . . . . .. ~ .......................... - ........................... , 5 .......................... '1\\'0 times per year. areas of IIOD-1rr1gated opeD .......................... .......................... . .......................... .......................... space shall be cleaned of debris iDc1udiI1g but .......................... .......................... DOt 1Jmited to the !o11Clll"in¡: bottles. cans, paper. cardboard or metallic 1tøœ and noxious plant materials such as ttlnb1eweeds_ Provisions of Section 2-10 do not apply to this area. I ~ - -. , . . - . . . -. _______. ...........tY.. -3.L I~- 102 ---,.-"--. -.-......-..--.........----.-- .-- ---~.. ---...- . '1Ir I, { ~ I" ; . 1/, .U) . /,.; , 0. J' - ¡.. r;; I; , ': 1111 ~ .. 0 . il¡- -. "", t!. /,1/ ~ . ,_ h " ~ . "...,.... ., . .... I K - - . ;"',¡..!: ;.' ...,-...,. . - . .\.' . r; z: ./1,; .,,, .. . .~ . E;~ - ., .¡ -.::,.. ,.. C'-. ....., · ! . i . ! : · ~ f · , 1 I I ¡; t . J . . I :r: .: . .." ¡r' ~. ; f ~ . !:up"r ..: . I . i ~ . . . .'':¡. °1" ~, .t:",¿ I, " "I I.:!t -I C I it J'l:~~ I : , Ii ¡" / !,: W ì Ii ' .", -:! 'II" t !rr ' !'. t . I 'I. J .. · I N ~ . .,. ,. ~ .~ . . . : ) . · .: · ? ,. f · \1.: ! , · . - . . .- : . - ( ~'... -.. -~ . .- . ..- "-~ ., . c- 32- . . . . . - n c ... 8 I/) .; t'II '" ...- ... n .; ~ . -="IÍ'~ -" .' lo..(rrrr\ ~ .0. ., I ,. t'II . . -' .J .J .J _' ~c. ... iiI I' ,,' :,,1 p' I ........ n "- 0 ¡¡¡ ! '. .,. ... ~.. .. '- - i , I ". , :..,. .::,.;;' . ~ .... ".:.! .. r ~ r ~ t\ ((.,7: " ~u Ô -' ~~ > Ii,' ." \ . /'11'" "', " '/. Ÿ. I" , " ~.;~\ . . .I' ~; . .... :1: ~.~ .1' . 1.."":",.' :f ..:/1 :'.' ......-.1 ¡I; 'C' . ". ï ' ., ¡ I ¡,: i, ~ :,' ·It 'r ,,' 1 ", . . !Ñ ¡ ! I '8 . It 1 ~ ) ) . --"-' C- ~./3- IOÇ - - - ....- .--.-- ; I·, r' /Îii r -:l I, I. . . Ii ":1 . '" j; ... , ~ ! . . . : . . . · . . I ; · · í I · . .., , · r\ ..., I . . ! j t') ¡~~ 0 · '" · '" . t '\ , ." .... · · !~-_/ , · 1r.- I iJ . · -......:-. 0 , : ê-- · -t· --- ! -iFr \. , -./; . "1 - · : .1' . · . . ..: · ¡ . . . J - Q-3'-l \ cg.~ 'p<O .. ~ \ ' I t~ .. , . :> , . .. r ~® Uf' ø Ii ¡ ! I . I . . I !!. '.' . 1:1., t I' - I i I J . ! j . i . I i 0.... ~ III. G;¡:¡. !i:1 I.!· ..,, !i1 0 ........ ~ c¡æ. ;i¡ Pll" t!ll! ~ z fal' ~ ÞEtl1 f····· z ..... n ." - ..... ~ t: t: . ..... S fl. en f;,: 11&1' :~ C -..- . .. .(1 (") ~ :hl !¡;)!:J i 1·1 :¡ (") : ;, j t:::::: .",;' B I J~. 0( 1"1 - ~ - r . co ", 0 ," . r . I'> ·1 .., II) . t : ta: (") ~ '. fA ¡. ... :t :c F. r .. ~ ,.. ñ -- c: tlU :¡ .;~ ~ ,.! ~ -c I, þ ! J r .. ;,il < '1: ~ !!I j; (I) <"> .... 0 Þ, 1- '" I.' '" -If i;; i,. ~ I- s! t.. .... ai, r· , . ." œ ¡<- .. At ¡:: I 'I > i . ,¡ ,.. i: I ~ ni$re . . . . - i+ ...... f '" a B : ¡¡¡; I tt ~':" .' . ", ~<;i I' "I' ~i ",,;, j" I:! 1 II ,;!/ !OI" :im i! i . '¿ '- ...., ".1. , 11'1 '0 ., I,. "'1 ' - u,t,. ~111t1 ¡¡:l:t:.. ~:~~ "J'i:'I'~'1 I .!.... -. .,' . ,. ,1,. .0 . . 'f';, 't! I . Ilj·II'/',.!' 1"!I'i 0 I"¡,!. .11',0" J . :!.! ',!.I I i'¡' 0:1 . ';. !I'!'·II.I¡I I ",I· J 1'.1.1 iih~!, =. ",,.11,:,1. C ,.,.. Jr../o "III 1\ .., '. ./ ' : 100,. "-':' .. " ¡ I" :.., hi I, :h!!! :":111 Ilil!:!;; II ',;ijil¡;!: . j.l~ii ill,!!1 liillf" I.' ::i.'lIl'¡ -- :::1 f F.~I Jl~L£lI.it r I II /. . . 11:.., 1.. . c'," - . . . AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND FOR LANDSCAPE MAINTENANCE THIS AGREEMENT is made and entered into this first day of~, , 993, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter designated as ·CITY", and [insert CONTRACTOR'S legal name] hereinafter designated as ·CONTRACTOR.· RECITALS WHEREAS, CITY desired and advertised for bids to obtain landscape maintenance services from an independent contractor for Landscape Maintenance of Open Space and Maintenance Districts. WHEREAS, CONTRACTOR has submitted the lowest responsible bid to provide landscape maintenance services for the CITY in accordance with the terms set forth In this Agreement. WHEREAS, CITY desires to contract with CONTRACTOR as an Independent contractor and CONTRACTOR desires to provide services to CITY as an independent contractor. WHEREAS, CONTRACTOR has demonstrated its competence and qualifications necessary for the satisfactory performance of the services designated herein by virtue of its experience, training, education, and expertise. NOW THEREFORE, THE PARTIES MUTUALL V AGREE AS FOLLOWS: (\I J. CONTRACTOR'SDUTIES . A. General Duties Complete landscape maintenance of all contract ar.as to include, wh.n applicable: Irrigation, pruning, shaping and training of trees, shrubs and ground cover plants; f.rtilization, weed control of all plant diseases and pests; mowing; maintenance and repairs of f.nces; pathways and trails; irrigation and drainage systems of open space araas and all othar maintenance r.qulred to maintain the areas of concern in a safe, attractive and usable condition. -1- C -3l..J, 1C£~ro~ - . . B. Cooperation. .- Work closely with the Director of Parks and Recreation in performing work in accordance with this Agreement in order to receive clarification as to the resuit which the CITY expects to be accomplished by CONTRACTOR. The Director of Parks and Recreation, under the authority of the City Manager, shall be the CITY's authorized representative in the Interpretation and enforcement of all work performed in connection with this Agreement. The Director of Parks and Recreation may delegate authority in connection with this Agreement to the Park Superintendent. For the purposes of directing the CONTRACTOR's performance in accordance with the Agreement, authority is delegated to, Open Space Coordinator, C, Areas to be Maintained. The attached plat (Exhibit °B" ) shows areas to be maintained in Open Space & Maintenance Districts. D. Scope of Work and Schedule. CONTRACTOR shall perform the duties and deliver the work product set forth in the scope of work and schedule, attached hereto as Exhibit °A", not inconsistent with the General Duties, according and within the time frames therein established (time being of the essence of this agreement). II. DUTIES OF THE CITY A. Inspection By City: The City shall provide continuing inspection of the work area to ensure adequacy of maintenance and that methods of performing the work are in compliance with the contract. Discrepancies and deficiencies in the work shall be corrected by the CONTRACTOR immediately, Maintenance services performed by the CONTRACTOR shall be performed to the satisfaction of City, Director of Parks and Recreation, or his designated representative, B. Method of Payment Monthly Reports: The CONTRACTOR will be paid monthly, In arrears, for work performed satisfactorily under this contract. By the fifth day of each month, the CONTRACTOR shall submit a detailed report of maintenance performed and materials used, areas and/or units affected and staffhours expended in the prior month. The monthly report shall also include a statement of all applications of herbicides, rodenticides, and pesticides detailing the chemical used, quantity, rate of application, area in which used and the purpose of the application. This report shall be accompanied by a billing in accordance with the contract price for the work performed set forth In Exhibit "A" and shall become the basis for payment. Monthly payments will be one twelfth (1/12) of the yearly contract amount. -2- ~ -37 \~-{o.9 -----_._"_._---------,._.._.~- - 0.. - . . C. Payments Withheld: The City may withhold or permanently retain payments to such extent as may be necessary to protect the City from loss due to: 1. Work required in the specifications which is defective, Incomplete or not performed. 2. Claims filed or reasonable evidence Indicating probable filing of claims. 3. . Failure of the CONTRACTOR to make proper payments to subcontractors for materials or labor. 4. A reasonable doubt that the contract can be completed for the unpaid balance. D. Failure to Perform Satisfactorily: It is agreed and understood that in the short run if the CONTRACTOR fails to perform the work as specified herein, the Park Superintendent: (1) will pay only for the amount of service received as determined by the Park Superintendent with an appropriate downward adjustment in contract price, or (2) may have such required work done by City Forces or otherwise, and charge the cost thereof to the Contractor. Those discrepancies and deficiencies In the work that remain uncorrected may be the necessary justification for the billing adjustment In the month following the occurrence. Billing adjustments for this unsatisfactory service shall be permanent retention of 100% of the estir,nated monthly cost for work that is incomplete or deficient as stated herein. III. EMERGENCY CALLS: The CONTRACTOR shall have the capability to receive and to respond Immediately to calls of an emergency nature during normal working hours and during hours outside of normal working hours. Calls of an emergency nature received by the Park Superintendent shall be referred to the CONTRACTOR for immediate disposition. IV PERSONNEL: The CONTRACTOR shall furnish sufficient supervisory and working personnel capable of promptly accomplishing on schedule and to the satisfaction of the Director, all work required . under this contract during the regular and prescribed hours. All such personnel shall be physically able to do their assigned work. The CONTRACTOR and his employees shall conduct themselves In a proper and efficient manner at all times and shall cause the least possible annoyance to the public. They shall be fully clothed In lultable uniform attire with a company identifying marker (personnel fully clothed and wearing a safety vest with the company Identification on the back will be considered lultable uniform attire). The Director shall require the CONTRACTOR to remove from the worksite any employee(s) deemed careless, Incompetent, or otherwise objectionable; whose continued employment on the job is considered to be contrary to the best interest of the City of Chula Vista. . -3-' C-38 ¡Ç-IIO. _. . . The CONTRACTOR shall have compelent supervisors, who may be working supervisors, on the :.;: job at all times work is being performed, who are capable of discussing in English with the Director matters pertaining to this contract. Supervisors must have a minimum of three years of actual field experience and must be able to demonstrate to the satisfaction of the Director that they possess adequate technical background. Adequate and competent supervision shall be provided for all work done by the CONTRACTOR's employees to ensure accomplishment of high quality work which will be acceptable to the Director. In addition, a non-working supervisor shall Inspect all areas under the contract a minimum of one per month with the Director or his designated representative. V. TERM: A. CONTRACTOR shall perform all the services herein required from July 1, 1993, through June 30,1994, and shall abide by and comply with any interim time and milestone dates set forth in Exhibit "A". B. The Ci1y may elect to exercise options to renew the contract for three (3) additional one (1) year periods: (1) July 1,1994 through June 30, 1995 (2) July 1, 1995 through June 30, 1996 (3) July I, 1996 through June 30, 1997 C. Price Adjustment Clause: Price will be firm for the first contract year. However, If it is determined that the San Diego area Consumer Price Index for Urban Wages Earners and Clerical Workers has changed for the option years, the Contractor, after: (1) giving notice of such change; (2) furnishing the City with copies of the change (from January I of the previous year to January 1 of the current contract year); and (3) allowing the City to cancel contract If it elects to do so, may. adjust the price quoted to the city by an amount not to exceed the percentage variant in the Consumer Price Index during the previous 12 months. The a.bove steps must be taken before Aorill of the contract year. VI. INDEPENDENT CONTRACTOR CONTRACTOR's relationship to the CIiY shall be that of an Independent contractor. CONTRACTOR shall have no authority, express or implied, to act on behalf of the CIiY as an agent, or to bind the CIiY to any obligation whatsoever, unless specifically authorized in writing by the Director of Parks and Recreation. CONTRACTOR shall be solely responsible for the performance of any of its employees, agents or subcontractors under this Agreement. CONTRACTOR shall report to the CIiY any and all employees, agents, arid consultants . performing work, in connection with this project, and all shall be subject to the approval of the CIiY. VII. .c..1iY BUSINESS LICENSE Prior to the commencement of any work under this Agreement, the CONTRACTOR shall obtain and present a copy to the Director of Parks and Recreation of either a City of Chura Vista Business License, or a written verification from the City Business Ucense Division that a Ci1y Business Ucense is not required for this Agreement. -4- C-3Cj 1<:& ~ /11 ".._---_..._-.----_._-_..~ -_.~~--_._-_. -_.__._._._.._---~-,,_...- _.- -- . \ . VIII. WORKERS' COMPENSATION Pursuant to Labor Code Section 1 861, the CONTRACTOR hereby certifies that the CONTRACTOR is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-Insurance In accordance with the provisions of that Code, and the CONTRACTOR will comply with such provisions. and provide certification of such compliance as a part of these Award Documents. The certifica1ion shall be In accordance with subsection IV parts C and D of this Agreement. IX. LIABILITY INSURANCE A. CONTRACTOR shall, throughout the duration of this Agreement maintain comprehensive general liability and property damage insurance, or commercial general liability Insurance, covering all operations of CONTRACTOR, Its agents and employees, performed in connection with this Agreement Including but not limited to premises and automobile. B. CONTRACTOR shall maintain the following minimum limits: General Liability Combined Single Umit Per Occurrence $1,000,000 General Aggregate $1,500,000 Automobile Liability Combined Single Limit Per Occurrence $1,000,000 . C. All insurance companies affording coverage to the CONTRACTOR shall be required 10 add the City of Chula Vista as "additional insured" under the insurance policy for all work performed in accordance with this Agreement. All insurance companies policies shall be Issued by a carrier that has Besrs rating of "B+; Class VII", or better, or shall meet with the approval of City's risk manager. All insurance companies affording coverage shall provide thirty (30) day written notice to the City of Chula Vista should the policy be canceled before the expiration date. For the purposes of this notice requirement, any material change in the policy prior to the expiration shall be considered a cancellation. D. CONTRACTOR shall provide evidence of compliance with the insurance requirements listed above by providing a certificate of insurance, and policy enforcement which name the City of Chula Vista as additional insured and policy endorsement which names the City of Chula Vista as additional Insured concurrently with the submittal of this Agreement. CONTRACTOR shall provide a substitute certificate of insurance no later than thirty (30) days prior to the policy expiration date. Failure by the CONTRACTOR to provide IUch a lubstltution and extend the policy expiration date shall be considered a default by CONTRACTOR and may lubJect the CONTRACTOR to a suspension or termination of work under the Agreement. Maintenance of Insurance by the CONTRACTOR as specified In this Agreement Ihallln no way be Interpreted as relieving the CONTRACTOR of any responsibility whatever and the CONTRACTOR may carry, at its own expense, luch additional insurance as It deems ne~ssary. -5· C. -LlO I~~IIL -- I o \ X. CONTRACTOR'S INDEMNIFICATION OF CITY CONTRACTOR shall indemnify and hold harmless the CITY and its officer. agents and employees against all claims for damages to persons or property arising out of the conduct of the CONTRACTOR or its employees, agents, subcontractors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the CITY. Its officers, agents or employees. CONTRACTOR's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the CITY its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, CONTRACTOR at its own expense shall, upon written request by the CITY, defend any such suit or action ;)rought against the CITY. its officers. agents or employees. Contractor's indemnification of CITY shall not be limited by any prior or subsequent declaration by the CONTRACTOR. - XI. TERMINATION OF CONTRACT FOR CAUSE In the event the Contractor consistently fails to meet the specifications of this contract, the City may at its option terminate the balance of the contract provided that the CONTRACTOR has had written notice of his failure. Notice of such termination shall be in writing and shall take effect fifteen (15) days after mailing such notice. XII. TERMINATION FOR CONVENIENCE OF CITY City may terminate this Agreement at any time and for any reason for giving specific written notice to CONTRACTOR of such termination and specifying the effective date thereof, at lease thirty (30) days before the effective date of such termination. If the Agreement is terminated by City as provided in this paragraph, CONTRACTOR shall be entitled to receive just and equitable compensation for any satisfactory work completed. CONTRACTOR hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. XIII. ENTIRE AGREEMENT This Agreement comprises the entire integrated understanding between CITY and CONTRACTOR concerning the work to be performed for this project and supersedes all prior negotiations, representations, or agreements. XIV. INTERPRETATION OF THE AGREEMENT The Interpretation, validity and enforcement of the Agreement shall be governed by and construed under the laws of the State of California. The Agreement does not limit any other . rights or remedies available to CITY. The CONTRACTOR shall be responsible for complying with any Local, State. and Federal laws whether or not said laws are expressly stated or referred to herein. -6-· C-Lf/ I ~ - { 1/3> "'-'-'---'-'--~---'-'~~--'-~ -------.---.. --.-....'" .- . . Should any provision_ herein be found or deemed to be invalid, the Agreement shall be construed as not containing such provision, and all other provisions which are otherwise lawful shall remain in full force and effect, and to this end the provisions of this Agreement are severable. XN. AGREEMENT MODIFICATION , This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by the parties hereto. XNI. ATTORNEY'S FEES In the event any legal action or proceeding Is commenced to interpret or .nforce the terms of, or obligations arising out of, this Agreement, or to recover damages for the br.ach thereof, the party prevailing In any such action or proceeding shall be .ntitled to recover from the non-prevailing party all reasonable attorney's fees, costs and expenses incurred by the prevailing party. XNII. NOTICES All notices, demands, requests, consents or other communications which this Agreement contemplates or authorizes, or requires or permits either party to give to the other, shall be in writing and shall be personally delivered or mailed to the respective party as follows: To CITY: To CONTRACTOR: Parks and Recreation Department Director of Parks & Recreation 276 Fourth Avenue Chula Vista, CA 91910 Either party may change its address by notice to the other party as provided herein. ~ommunications shall be deemed to have been given and received on the first to occur of (i) actual receipt at the offices of the party to whom the communication is to be sent. as designated above, Or (ii) three working days following the deposit In the United States Mail of registered or certified mail, postage prepaid, return receipt requested. addressed to the offices of the party to whom the communication is to be sent, as d.signated above. XNIII. ADMINISTRATIVE CLAIMS REOUIREMENT AND PROCEDURE. No suit or arbitration shall be brought arising out of this agreem.nt. against the City unless a claim has first been presented in writing and filed With the City of Chula Vilta and acted upon by the City of Chula Vista In accordance with the proc.dures .et forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be am.nded, the provisions of which are Incorporated by this reference as if fully set forth herein, and such policies and proc.dures used by the City in the implementation of same. -7- é-4~ ~ 'i-- \ \ Y .. . . Should any provision herein be found or deemed to be Invalid. the Agreement shall be construed as not containing such provision, and all other provisions which are otherwise lawful shall remain in full force and effect, and to this end the provisions of this Agreement are severable. XV. AGREEMENT MODIFICATION This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by the parties hereto. XVI. ATTORNEY'S FEES In the event any legal action or proceeding is commenced to interpret or enforce the terms of, or obligations arising out of. this Agreement. or to recover damages for the breach thereof, the party prevailing in any such action or proceeding shall be entitled to recover from the non-prevailing party all reasonable attorney's fees. costs and expenses incurred by the prevailing party. XVII. NOTICES All notices, demands, requests, consents or other communications which this Agreement contemplates or authorizes. or requires or permits either party to give to the other, shall be in writing and shall be personally delivered or mailed to the respective party as follows: To CITY: To CONTRACTOR: Parks and Recreation Department Director of Parks & Recreation 276 Fourth Avenue Chula Vista. CA 91910 Either party may change its address by notice to the other party as provided herein. Communications shall be deemed to have been given and received on the first to occur of (i) actual receipt at the offices of the party to whom the communication is to be sent, as designated above, or (ii) three working days following the deposit in the United States Mail of registered or certified mail, postage prepaid, return receipt requested. addressed to the offices of the party to whom the communication is to be sent. as designated above. XVIII. ADMINISTRATIVE CLAIMS REOUIREMENT AND PROCEDURE. No suit or arbitration shall be brought arising out of this agreement. against the City unless 8 claim has first been presented in writing and filed With the City of Chura Vista and acted upon by the City of Chula Vista in accordance with the procedures .et forth in Chapter 1.34 of the Chuta Vista Municipal Code, as same may from time to time be amended. the provisions of which are Incorporated by this reference as 11 fully ..t forth herein. and such policies and procedures used by the City in the implementation of same. -7-· C -1..(3 / <6 - 1I.ç- ,--....-,....--...---.--------------.-'. ------ -- ._-- 4 . . XIX. SECURITY FOR PERFORMANCE Performance Bond In the event that Exhibit A, at Paragraph 19, indicates the need for contractor to provide a performance bond (indicated by a check mark in the parenthetical apace) Immediately preceding the subparagraph entitled, "Performance Bond"), then Contractor shall provide to the City a performance bond by a surety and in a form and amCilunt satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, ·Performance Bond", in said Paragraph 18, Exhibit A. Letter of Credit In the event that Exhibit A. at Paragraph 19, indicates the need ·for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space Immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is n breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Contractor to provide security other than a Performance bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Contractor shall provide to the City such other security therein listed in a form and amoul"lt satisfactory to the Risk Manager or City Attorney. XX. SIGNATURES The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the CONTRACTOR and the CITY. , -8-- C-4J../ Ic¿- II ro . . . ~. . < ,. Signature Page to Agreement between City of Chula Vista and [Name of Contractor] for IN WITNESS WHEREOF the parties hereto for themselves, their heirs,executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this ProfessJona' Services Agreement to be executed by the setting hereunto their signatures this _ day of ,19_ Dated: City of Chula Vista by: City Manager Attest: Beverly Authelet, City Clerk Approved as to form: Bruce M. Boogaard. City Attorney Dated: [Name of Contractor] By: [name of person, title] By: [name of person, title] Federal Employer I.D. No. Notary acknowledgements of CONTRACTOR must be attached. -9- - I~I IT C-.L/~ ______ ___ __ __~___ _o_,_____.______u,__.__." MEMORANDUM April 5, 1994 TO: The Honorable Mayor and City Council ,~~ . C "t1 ~ VIA: John D. Goss, City Manager J \ \7'Ò }'/ FROM: Jess Valenzuela, Directòr of Parks and Recreationtv SUBJECT: Information on Council Agenda Item #18 c AprilS, 1994 Council Meeting Approving Engineer's Reports for the FY 94/95 spread of assessments for City Open Space Maintenance On April 4, 1994, Councilman Moore requested, through the City Manager's Office, information related to the calculation of city staff services for the Open Space Administration Division, as these services pertain to the costs associated with open space districts. Staff has prepared the following information regarding the metholology of the calculations depicted on a spreadsheet prepared by this Department. The spreadsheet portrays the breakdown of the spread of Open Space Administration costs to all open space assessment districts. Attached is a detailed explanation of the spreadsheet utilized for calculation, and a copy of the spreadsheet, with reference numbers relating to the descriptive material. If you need further information, please contact me. Attachments: Calculation methodology descriptions Spreadsheet depicting spread of costs (FY94I9S tuJøct - osmatrix.doc - 4-5-94] I \ifll<0 ....-....- ---,-- - -.--~.._._..._..~--_.~.._---- PARKS AND RECREATION DEPARTMENT OPEN SPACE DIVISION CALCULATIONS FOR APPORTIONMENT OF ADMINISTRATIVE COSTS Colwnn l. The District's Numerical Designation 2. Each District's Proposed Budget (less Parks and Recreation Open Space Division, Engineering, and Management Infonnation System [MIS] City Staff Services) The District's proposed budget is composed of the contract for the landscape maintenance, the utilities costs, and other maintenance items to support the landscaping. 3. Sum total of all the districts (22) proposed budgets (less Parks and Recreation Open Space Division, Engineering and MIS City Staff Services). 4. Percentage number which depicts the individual district budget as a proportion to the sum of all district's budgets (Column 2 divided by Column 3). In FY 89/90, Council approved the existing formula of cost apportionment which is based upon the prenùse that City Staff Services costs are generated by what the actual costs are for administration and maintenance. The formula is calculated on the basis that if it costs more to maintain a district, the associated costs of administration will be higher. 5. The percentage number (Column 4) is multiplied by the Open Space Administration budget (Column 5). This budget number ($188,570) does not include the costs for the Town Gardener (and associated Town Gardener expenses). The budget number in Column 5 also does not reflect the use of a full cost recovery accounting system. The budget number is the base budget for administration. 6. The Parks and Recreation Open Space Division City Staff Services dollar amount for each district is composed of one (1) Open Space Coordinator and two (2) Open Space Inspectors, who oversee the adnùnistration and field management of landscape maintenance in all open space assessment districts. Other costs associated with management and inaintenance include vehicles, and office expenses. The dollar amount (in Column 6) for each district does not include the Town Gardener, nor any overhead costs associated with Full Cost Recovery. For each District, Parks and Recreation Open Space Division City Staff Services is a number which is a proportion of the whole budget for Open Space Administration. This proportion is the same as the individual District's budget to the sum total of all District budgets combined. 7. After Open Space Division City Staff Services costs are calculated, the costs associated with services provided by Public Works Engineering staff (and MIS staff), are added into each district's budget. The resultant number is depicted in Column 8. {FY94I9O ....... - oonotrix.doo . "'-94) 1'6- I IC1 ~..-----~.--.--.-'_.._---~-.--.~-->~------ The services provided by Engineering and MIS include the staff work associated with the District's fonnation, and the formulation of assessments which are to be paid by each property owner in a district. 8. The number in Column 8 is the resultant cost of Open Space Administration, Engineering, and MIS, City Staff Services, which is charged to an individual district. 9. After all calculations are completed, the number in Column 9 is the total proposed budget for each individual district. 10. The number depicted in Column 10 is the percent of a district's budget which is attributed to the costs associated with the administration and management of landscap.c maintenance performed by Parks and Recreation Open Space Division. This percentage does not include the costs affiliated with Public Works Engineering or Management Infonnation Services. For FY 94/95, the Open Space Administration costs associated with each district's budget total 10.77 % . The remaining 89.23% of a district's budget includes the Public Works Engineering or Management Infonnation Services City Staff Services, the contract(s) for the landscape maintenance, the utilities costs, and other maintenance items to support the landscaping. (FY9419S ludgct . osmatrix.doc - 4-'.94] 1'6- IW . --_._~----~_.._...-. .....-.... .---. ----._......~..."_.~._._----,_.....- I ,0 ) ~ ~~~~~~~~~~~~~~~~~~~~~~ ~æ d d d d d d d d C"O d d d d d d d d d d d d c----J ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... - ..... ..... - ..... ..... ..... ..... ..... ..... ..... ð . II !i5t¡¡ ~ II> ~ ~ i ~ ¡ ~ ¡¡; :: ... ~ ~ ~ IB ~ ~ æ Ii! '" ~ :!: § CD~ .. O...O~'" .....¡;!"'''' U '> Õe¡ ~~~iÎå~!g~~¡ãi~ig~i¡g~ ~ ~9 .. zm ... cr: ~~~~~~I~~~~~~~~~~i~~~~ ¡;¡ æt; 00 ) ~ ~ ~ø~~~~ø~~~~~~ø~i~~ø~~~ ~ If¡g '" II r- c iiiiiiiiiiiiiililliili ~ ) 'i:! + ~ <ti I - ~ g> w ~ ~~~~~~~i~~~~~¡~~~I~~~~ ~ . ~ R ~-~~ '" .~ ~"~~~~"~~~"Y" "'§.... II>~.. :8 ~ ~G> ... ... ø~'" ø ...... ~ ... .. ... ~ 0'" Z II ~ :i ~~~ ~~~~~~~~~~~~~~ ~~~~~ ~ ~ Li) -&4 !i! :8:8:8:8:8~:8:8:8:8:8:8:8:8:8:8:8:8:8:8:8:8 ~_.............................................----------- ~ '" MMMMMMMMMMM__M____._._ 0 IE . )( '" Iii z il! II~il;!li!lii¡ i~~I! 0 0 0 ¡::: ::r -cr:4 ~cr: dddddddddddddddddddddd f( ~ 0 ~ If ~ cr: II 0 I u. ~~~~~~~~~~~~~~~~~~~~~~ w ~ 5È fiI~ ............... ------- --.....--------- cY) - ~~ ~~~~~~~~~~~~~~~~~~~~~~ º~ ............... -........ --........ .........................-..... ----- , ;;: MMMMMM.MMMMMM__....... .. æ 0 f 0 ~ t;t¡¡ i~~ ~ ~ ~ ~~~~ ~i~~~~~ ~~~i~ ~ "B (\j ) ~§ ~~i~ii~i!!~I~~~i~~~¡!~ .. ~ ~ .. , õm ... i "B Q ... ) o .. . II> ... CD ~ ~ . æ ~ 0 m -, ~ I . , I!' .....WC')..,.It)(ØI"-CDCb.....___.......... C\I W~a:I ~ '" õ 1'6- I¿ t ~ _.,._.._-_._.~_.,- .--....-- . -...----.--.----.--..--.-.-.----- . COUNCIL AGENDA STATEMENT Item I~ - Meeting Date 4/5/94 ITEM TITLE: Report: Appointment of Two City Council Members to the Policy Subcommittee for the Otay Ranch Project SUBMITTED BY: Special Planning pr~~anager, Otay Ranch project~ Planning Director .:.1 ~ ' REVIEWED BY: City Manager JG\ \""Ôl(}~ \ (4/5ths Vote: Yes_NoX) As part of the adoption of the Otay Ranch Project on October 28, 1993, the City Council and County Board of Supervisors agreed to continue joint input in the future planning of the Otay Ranch by convening an Otay Ranch Subcommittee composed of two members from each body. The purpose of the subcommittee is to provide on-going policy direction to staff on the implementation of the Otay Ranch Project. The subcommittee is to meet on an "as needed" basis during the next phase of the project. The Board of Supervisors have appointed Supervisors Jacob and Bilbray to advise the Board on matters concerning the Otay Ranch Project. RECOMMENDATION: It is recommended that the City Council appoint two Council Members to serve on the Otay Ranch Project Subcommittee. BOARD/COMMISSION RECOMMENDATIONS: Not applicable. DISCUSSION: The future planning process for the Otay Ranch Project requires continued joint City/County input on policy matters concerning implementation ofthe Otay Ranch Project. These matters include the project-wide regional studies on cultural and biological resources and the public facilities master plans as required by the General Development Plan/Subregional Plan. In addition, the City's Sphere ofInfluence Update Study should be reviewed by the subcommittee for policy direction. It is anticipated that after an initial review of these documents, the subcommittee will only need to meet when policy issues arise in the implementation of the project. The master 11-1 _....-_._._~-,-------_.._~_.._-- .-..----. Page 2, Item~9 Meeting Date 4/5/94 plans are scheduled to be submitted in the near future and the Sphere Update Study will be completed and ready for review in June, 1994. FISCAL IMP ACT: None. The Staff support for the City Council members of the atay Ranch Subcommittee will be provided by the atay Ranch Project Team which is financed by atay Vista Associates (The Baldwin Company). The costs associated with staff support has been included in the project's budget CCSUBC.Al13 19-.2. ------..---..----..--..-....-. _...-._----~~--_._--~-_. £/nfo'trnation £/I:nn April 5, 1994 File No.: CY-029 AR-039 TO: The Honorable Mayor and City Council -( ¡ VIA: John Goss, City Managevi Il(J_';\ FROM: John P. Lippitt, Director of Public Works ~ SUBJECT: Temporary Parking Removal The City Engineer has determined that in the interest of public safety, certain temporary traffic control measures are warranted during the construction of the City's Central Drainage Basin Storm Drain project. Construction of the storm drain in the intersection of Woodlawn Avenue and "H" Street has made necessary the rerouting of the City buses on a temporary basis north on Woodlawn Avenue to "G" Street. Because of the narrowness of Woodlawn Avenue, it will be necessary to temporarily remove parking from one side of Woodlawn Avenue between "G" and "H" Streets for a short period of time starting Monday, April 11, 1994, while pipe is laid across the intersection of Woodlawn Avenue and "H" Street. Staff feels that the wide buses going north on Woodlawn Avenue from the transit center at "H" Street could present a traffic hazard because of the narrowness of Woodlawn Avenue. This parking removal will be for 2 to 3 days while the pipe is being placed in the intersection. The apartment complex has been notified of the removal. WPC F:\bome\engineer\180S.94 " o·____.__.__._" .__..__..~_._-,-