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Home My WebLink AboutAgenda Packet 1994/02/22 ,f'l declare under penalty of pe:Jury that I am en1~loYed by the City of Chula Vista in the Of.flce of the City Clerk and that I posted thIs Age~da/Notice on the Bulletin Board at . Tuesday, February 22, 1994 the Public ~rv~s Building and a~~ Council Chambers 6:00 p.m. DATED, ..::t '/7. 'lL/ SIGNED S Public Services Building / / ~ Re2ular Meetin2 of the City of Chula Vista City ouncil CALL TO ORDER 1. ROLL CALL: Councilmembers Fox _' Horton _, Moore _. Rindone _, and Mayor Nader _. 2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MINUTES: January 28, 1994 (Special MeetinglWorkshop) and February IS, 1994 (City Council Meeting) 4. SPECIAL ORDERS OF THE DAY: a. Team Chula VistalUSA to present a plaque to show their appreciation for the City's help with their trip to Argentina in December. The plaque will be presented by several members of the team and Coach Ricardo Marentez will give a five to ten minute slide presentation recapping their trip. b. Proclamation declaring the week of February 21 through February 27, 1994 as "South Bay Enviromnental Awareness Week" in the City - Mayor Nader will present the proclamation to Tall Ship Society Commodore Frank Roseman. CONSENT CALENDAR (Items 5 through 11) The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by the Council by one motion without discussion unless a Councilmember, a member of the public or City staff requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak Form" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pink form to speak in opposition to the staff recommendation.) Items pulled from the Consent Calendar will be discussed after Board and Commission Recommendations and Action Items. Items pulled by the public will be the first items of business. 5. WRITTEN COMMUNICATIONS: a. Letter requesting consideration of a resolution reaffinning strong support for the continued presence of the U.S. Military in the San Diego region - Pamela Slater, Chairwoman, Third District, County Board of Supervisors, 1800 Pacific Highway, Room 335, San Diego, CA 92101- 2470. It is recommended that this request be referred to staff for review and report back to Council. b. Letter requesting Council consider sending a Rule 14(b) letter concerning annexation of the George Air Force Base in the Victor Valley area of California, adjacent to the City of Victorville, to the California Supreme Court - Jim Busby, Mayor, James L. Cox, City Manager, and Henry Kraft, City Attorney, City ofVictorville, 14343 Civic Dr., Victorville, CA 92392-2399. The City Attorney has reviewed this request and it is recommended that this matter be referred to the Attorney's Office for research and response at his discretion according to the existing Amicus Curiae support policy. _ _ .._------- _ _ ..-------"-.-.----..----..--- Agenda -2- February 22, 1994 6. ORDINANCE 2589 AMENDING SECTION 8.25.090 "COMPOSTING" TO ESTABLISH A MINIMUM DISTANCE OF SIX FEET THAT A COMPOSTING BIN MUST BE PLACED FROM ADJACENT RESIDENTIAL PROPERTY (first readhU!) - On 9/14/93, during the public hearing on tbe yard waste recycling francbise and related ordinance amendment, Council directed staff to establisb a minimum distance that a composting bin must be located from adjacent property in order to avoid nuisance complaints. The ordinance establishes a six foot minimum distance that a composting bin must be placed from an exterior entrance to an adjacent residential structure. Staff recommends Council place the ordinance on first reading. (City Attorney) 7. RESOLUTION 17391 AUTHORIZING THE MAYOR TO EXECUTE ON BEHALF OF THE CITY A MEMORANDUM OF UNDERSTANDING WITH THE SAN DIEGO COUNTY WATER AUTHORITY (CWA) FOR THE CWA PUBLIC INSTITUTIONS RETROFIT PROGRAM PHASE n AND AMENDING THE FISCAL YEAR 1993/94 BUDGET BY APPROPRIATING FUNDS - On 4/20/93, the City responded to a request from the County Water Authority (CW A) to apply for grant funding under the Public Institutions Retrofit Program funding by the CW A. In response, the CW A in coordination with its member agencies, has chosen the City as a program participant. Council approved retrofitting and installing forty-two ultra- low flow toilets in 1993 as Phase I of the City's ultra-low flow retrofit program for public facilities. Staff recommends approval of the resolution. (Administration and Director of Public Works) 4/5th's vote required. 8. RESOLUTION 17392 APPROVING AN AGREEMENT WITH NOWELL-THOMPSON ASLA & ASSOCIATES, INC. FOR LANDSCAPE ARCHITECTURAL SERVICES FOR THE GREG ROGERS PARK - PHASE I CONSTRUCTION PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE SAME - A professional landscape arcbitectural firm is required to prepare design, construction documents, and perform otber related services for tbe project. The Parks & Recreation Department is requesting Council's approval of an agreement witb Nowell-Thompson ASLA and Associates, Inc. for landscape architectural (design) services for the Greg Rogers Park - Phase I - construction scheduled to begin in Fiscal Year (FY) 1994/95. There are sufficient funds in the design CIP for Greg Rogers Park (approved for FY 1992/93) to complete the necessary professional services for the improvement approved in the Greg Rogers Park Master Plan. Staff recommends approval of the resolution. (Director of Parks & Recreation) 9. RESOLUTION 17393 APPROVING THE FISCAL YEAR (FY) 1994/95 CLAIMS FOR THE FY 1994/952% NON-MOTORIZED TRANSPORTATION DEVELOPMENT ACT (TDA) FUNDS AND TRANSPORT A TION SALES TAX (TRANSNET) FUNDS -, Annually, the City submits an updated list of projects for inclusion in tbe seven-year implementation þrogram of the non-motorized element of the Regional Transportation Improvement Program. SANDAG regnlations require that a set of claims be submitted to SANDAG in order for projects to be considered by its Board of Directors for funding. Council must pass a resolution authorizing submittal of the FY 1994/95 Bicycle Project Claims for available TDA and TransNet Funds. Staff recommends approval of the resolution. (Director of Public Works) ---.----_.- --.--~~------------ Agenda -3- February 22, 1994 10. RESOLUTION 17394 APPROVING THE FILING OF AN APPLICATION FOR CONGESTION MITIGATION AND AIR QUALITY FUND (CMAQ) UNDER THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT (ISTEA) OF 1991 AND DESIGNATING THE CITY ENGINEER AS THE AUTHORIZED REPRESENTATIVE FOR THIS PROGRAM -The CMAQ was enacted as part of the ISTEA of 1991. The San Diego County area is scheduled to receive more than $12.7 million over a six-year (six cycles) period under the program. Projects must be used for transportation improvements that enhance air quality. The State has determined that signal timing enhancement, traffic signal equipment upgrade, and traffic signal computer control equipment are high priorities under the CMAQ program. Staff believes that the City's existing computerized traffic signal system which was state-of-the-art when installed, but is now five years old, has limitations on its ability to respond to continuous changes in traffic flow. The current state of the art signal timing system referred to as "Split Cycle-Time and Offset Optimization Technique" (SCOOT) provides an opportunity to the City to make the signal system more responsive to changes in traffic patterns and peak hour volumes. The resolution will approve the tiling of an application for CMAQ funding to upgrade the City's traffic signal system. Staff recommends approval of the resolution. (Director of Public Works) 11. REPORT SUPPLEMENTAL PROPOSAL FOR YOUTH ACTION PROGRAM - On 9/14/93, staff was directed to determine whether Chula Vista Middle School andlor Senior High School would be interested in the Youth ACTION Program at their school sites. Due to the close proximity of Chula Vista High School and Chula Vista Middle School to the Chula Vista Youth Center these schools were not included in the original proposal for Junior High After-School programming and High School Happenings. Staff recommends Council approve the resolution and: I) direct the Parks & Recreation Department to conduct an additional High School Happening Program at Chula Vista High School, which will be reimbursed by funds available from Community Development Block Grant (CDBG) Program Income; 2) amend the Service Provider agreement with the YMCA to provide for the addition of Chula Vista Middle School into the Junior High Outreach program; and 3) authorize the Mayor to execute said amendment. (Director of Parks & Recreation) 4/5th's vote required. RESOLUTION 17395 APPROVING A FIRST AMENDED SERVICE PROVIDER AGREEMENT WITH THE YOUNG MENS CHRISTIAN ASSOCIATION (YMCA) OF SAN DIEGO COUNTY, AUTHORIZING MAYOR TO EXECUTE SAME, AND AMENDING THE FISCAL YEAR 1993/94 BUDGET TO PROVIDE PERSONNEL AND SERVICES FOR THE SUPPLEMENTAL YOUTH ACTION PROGRAM * * END OF CONSENT CALENDAR * * .. .... ~..,._.,._·M...~..._._______._ _,_...~____..___.._~____.____.._ Agenda -4- February 22, 1994 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The following items have been advertised and/or posted as public hearings as required by law. If you wish to speak to any item, please fill out the "Request to Speak Form" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pink form to speak in opposition to the staff recommendation.) Comments are limited to five minutes per individual. 12. PUBLIC HEARING CHULA VISTA TRANSPORTATION IMPROVEMENT PROGRAM FOR THE NEXT SEVEN FISCAL YEARS - The San Diego Regional Transportation Improvement Program (RTIP) is a seven-year program (Fiscal Years 1995 - 2001) of proposed major highway, arterial, transit, bikeway, and aviation projects. The annual development and approval of the RTIP hy SANDAG is a requirement for the continued receipt of State and Federal transportation project funding. The "Proposition 'A' TransNet Transportation Improvement Program - Ordinance and Expenditure Plan" also requires that all proposed projects funded with TransNet funds be included in the RTIP. SANDAG administers the program County-wide. Staff recommends approval of the resolution. (Director of Public Works) RESOLUTION 17396 ADOPTING THE SEYEN-YEAR TRANSNET LOCAL STREET AND ROAD PROGRAM OF PROJECTS FOR FISCAL YEARS 1995 THROUGH 2001 AND APPROVING THE SUBMITTAL OF CHULA VISTA'S TRANSPORTATION IMPROVEMENT PROGRAM TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) FOR INCLUSION IN THE REGIONAL TRANSPORT A TION IMPROVEMENT PROGRAM (RTIP) ORAL COMMUNICATIONS This is an opportunity for the general public to address the City Council on any subject matter within the Council's jurisdiction that is not an item on this agenda. (State law, however, generally prohibits the City Council from taking action on any issues not included on the posted agenda.) If you wish to address the Council on such a subject, please complete the yellow "Request to Speak Under Oral Communications Form" available in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record purposes and follow up action. Your time is limited to three minutes per speaker. BOARD AND COMMISSION RECOMMENDATIONS This is the time the City Council will consider items which have been forwarded to them for consideration by one of the City's Boards, Commissions and/or Committees. 13. REPORT FORWARDING RECOMMENDATIONS FOR CHARTER AMENDMENTS The report includes seven recommendations by the Charter Review Commission for the placement of ballot items on the 617194 ballot. Two measures represent technical cleanup items and five measures represent substantive proposals for change. The report also presents the Commission's analysis of and recommendations not to place certain measures on the ballot. The Citv Attornev recommends receiDt and continuation of this item for one week. ---- - - ---., ----~- - - ---~--_.._-_._~,..,--_._-- Agenda -5- February 22, 1994 ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by the CouncU, staff, or members of the general public. The items will be considered individually by the Council and staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please fill out a "Request to Speak" form available in the lobby and submit it to the City Clerk prior to the meeting. Public comments are limited to five minutes. 14.A. RESOLUTION 17397 CONCEPTUALLY SUPPORTING PARTICIPATION IN THE INTERNATIONAL COUNCIL OF LOCAL ENVIRONMENTAL INITIATIVES (ICLEI) URBAN CARBON DIOXIDE REDUCTION PROJECT AND RELATED GREENFLEETS PROJECT - On 1115193, the Mayor and Council received an invitation from the ICLEI to join eleven other selected cities throughout North America, Europe and Canada to participate in an international effort to develop comprehensive planning tools for an Urban Carbon Dioxide "local action plan" and Energy Reduction Strategy. Participation in this effort will help the City comply with local guidelines for State Congestion Management Plan requirements, related requirements to adopt a land-use based trip reduction ordinance, and an employer-based trip reduction ordinance. (Administration) B. RESOLUTION 17398 APPROVING AND AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE CALIFORNIA ENERGY COMMISSION FOR $100,000 FROM THE STATE STRIPPER WELL FUNDS FOR THE DEVELOPMENT OF AN URBAN CARBON DIOXIDE REDUCTION STRATEGY AND GREENFLEETS LOCAL ACTION PLAN AND APPROPRlA TING $100,000 IN ACCORDANCE WITH RECOMMENDED BUDGET - 4/5th's vote required. C. RESOLUTION 17399 EXECUTING A CONTRACT WITH THE SAN DIEGO ASSOCIATION OF GOYERNMENTS (SANDA G) LOCAL TECHNICAL ASSISTANCE PROGRAM FOR A TOTAL OF $44,820 FROM THE ENERGY CONSERVATION FUND FOR THE PURPOSE OF DEVELOPING A CARBON DIOXIDE REDUCTION INVENTORY, STRATEGY AND IMPLEMENTATION PLAN, IN ACCORDANCE WITH THE STATE OF CALIFORNIA STRIPPER WELL FUNDING GUIDELINES AND WAIVING BID PROCESS FOR CONTRACT WITH SANDAG TO DEVELOP A CARBON DIOXIDE REDUCTION AND IMPLEMENTATION STRATEGY 15. REPORT COMMUNITY FESTIVALS - On 4/27/93, Council directed staff to complete an evaluation of the 1993 Cultural Arts FestivaIlCommunity Pride Fair and Fourth of July Fireworks event, to determine the feasibility of combining the two events in the future. On 114/94, Council directed staff to develop a recommendation for the necessary staffing and resources to conduct an International Friendship Festival. The report evaluates the 1993 Cultural Arts Festival and Fourth of July Fireworks events, discusses what other cities in San Diego County are doing regarding special events of this nature, analyzes the impacts of a combined event on City resources, and provides a recommendation. Staff recommends Council: 1) support operation of the Community Pride Fair and Fourth of July Fireworks display as two separate and unique events; and 2) support analysis of whether some of the components of the International Friendship Festival can be added to the 1994 Community Pride Fair. (Director of Parks & Recreation) --.---.--- Agenda -6- February 22, 1994 16. REPORT UPDATE ON SOLID WASTE DISPOSAL ISSUES - An oral report will be given by staff. ITEMS PULLED FROM THE CONSENT CALENDAR This is the time the City Council will discuss items which have been removed from the Consent Calendar. Agenda items pulled at the request of the public will be considered prior to those pulled by Councilmembers. Public comments are limited to five minutes per individual. OTHER BUSINESS 17. CITY MANAGER'S REPORTlS) a. Scheduling of meetings. 18. MA YOR'S REPORT(s) a. Request to State Legislature for a law requiring juveniles comnútting violent crimes to be treated as adults. 19. COUNCIL COMMENTS ADJOURNMENT The City Council will meet in a closed session immediately following the Council meeting to discuss: Pending litigation pursuant to Government Code Section 54956.9 - Christopher vs. the City of Chula Vista. Pending litigation pursuant to Government Code Section 54956.9 - Chaparral Greens vs. the City of Chula Vista, Baldwin. Potential litigation pursuant to Government Code Section 54956.9 - Chammas vs. the City of Chula Vista. Pending litigation pursuant to Government Code Section 54956.9 - Igou vs. the City of Chula Vista. Pending litigation pursuant to Government Code Section 54956.9 - City of Chula Vista vs. the County of San Diego (Solid Waste Litigation). The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on March I, 1994 at 4:00 p.m. in the City Council Chambers. - __._n_'__'_'''" -,-_...+.__._._-,._.~_._+_.._------_.__.._- February 9, 1994 Jess Valenzuala Park & Recreation Director City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 RE: TEAM CHULA VISTA/USA Dear Jess: Pursuant to our phone conversation today, Team Chula Vista/USA would like the opportunity to present the City with a plaque to show our appreciation for your help with our trip to Argentina in December. If possible, Coach Ricardo Marentez would like to give a 5-10 minute slide presentation recapping our trip. Several members of the team will be on hand to present the plaque. If we could be placed on the agenda for the February 22, 1994 Council meeting it would be greatly appreciated since we are trying to promote participation in a banquet to be held on Saturday, February 26, 1994. If you have any questions, please give me a call at 477-4170 X 277. Sincerely, ,~ý~ ~~~L Les Leininger t/a.-- / ~---'-"'--'--"-"""-- __,_u.n__ ---.---...--"'.. -- ----..- -_.--._._.._."..._.._~,- ...._-_.._-_...-...._--~- COUNCIL AGENDA STATEMENT o/j; Item Meeting Date 2/22/94 ITEM TITLE: Proclamation - Proclaiming the week of February 21-27, 1994 as SOUTH BAY ENVIRONMENTAL AWARENESS WEEK SUBMITTED BY: Mayor Tim Nad~/11 (4/5ths Vote: Yes___ No xx) The proclamation declaring the week of February 21-27, 1994 as SOUTH BAY ENVIRONMENTAL AWARENESS WEEK will be presented by Mayor Nader to Tall Ship Society Commodore Frank Roseman. , Form A-113 (Rev. 11/79) iÞ·/ .-_.._._-_.._---~---~-_._--_._,_..._,--~-_._----_.~-_.- February 17, 1994 TO: The Honorable Mayor and City counci~ FROM: Joh" O. Gm. City .'''gee Jl\ \:>"~b1 SUBJECT: City Council Meeting of February· 2, 1994 This will transmit the agenda and related materials for the regular City Council meeting of Tuesday, February 22, 1994. Comments regarding the Wr itten Communications are as follows: 5a. This is a letter from Supervisor Pam Slater requesting consideration of a resolution reaffirming strong support for the continued presence of the U.S. Military in the San Diego region. IT IS RECOMMENDED THAT THIS REQUEST BE REFERRED TO STAFF FOR REVIEW AND REPORT BACK TO COUNCIL. 5b. This is a letter from the City of V;ctoryille requesting the City to send a letter of support to the Cal ifornia Supreme Court concerning the annexation of the George Air Force base in the Victor Valley area. The City Attorney has reviewed this request AND IT IS RECOMMENDED THAT THIS MATTER BE REFERRED TO THE ATTORNEY'S OFFICE FOR RESEARCH AND RESPONSE AT HIS DISCRETION ACCORDING TO THE EXISTING AMICUS CURIAE SUPPORT POLICY. JDG:mab . --_..- ..------ ..------- -_....~._..- SD CNTY BRD OF SUPRVRS TEL No.6l9-557-4025 Feh 9,94 10:37 No.027 P.Ol CD . -. ,"¡¡" .": " ~. liB ,7" 9 .994 PAM SLATER . I. . , CHAIRWOMAN L.:...:.' 98:, ~., .. .. IUPtIYISOt:, THIRD œTlICl $AN DIEGO .:oe,a.rrV IQ.A.JU) Of SUIft,YISOItS -<-< ~ no {B f'TI r--n fTln (") ::0 f'TI :xX .- " MEMORANDUM" ..C Q - ",r- < o:!> X Z' ?M. ""1'1< :!l f'TI ~ ~~ N 0 , ("")--4 ~ fTl:!> 0\ En osed you will find a resolution reaffirming the strong support by the Board of SupervISOrs for the continued presence of the U.S. military In the San Diego region. This resolution passed on February 8 by a 5-0 vote. l' ..,.,.... :. 1 . I~, . . '';: .~~ ~ . ,-, ::1--'-"":""--" ~- ,-. !-, ~) " ,~ 1, ~' '::', ''',' We are forwarding the resolution to you to request that you consider bringing the same lanquage before your City Council for a vote of eupport. The resolution can be easily modified for council use. I hope you will support this resolution. Please feel free to caD my office to let me know of your support. Thank you for your time. Sincerely, J~~~'<.tc-t MElA SlATER /;'zfj-X NOTIFICATION CI:IAIRWOMA~ "" 5.. was nollfted THIRD DISTRICT Date 21'1/"/1' Time /!.óéJ BÓARD OF SUPERVISORS Received AItet' 5pm1 I 01her: . Pleaà. Cheok your messages ~ belore calling Word Processing c.c.: reglir,jlng InoomlnÇ1 fa~es. -..--.-.-...,..-......-, I :1 ., WRITTE.N COMMUNICA no~~ ~~\Y~INISrAA!lONcEI/I£RI""'''''')"'GtfNAV. AOO'''SANDlEGO.CAt2101-l.rolI91$31 '"'" TOIUACI........·_ ~ o<p~ r i C C: ffJ 1!3f f'I .. -_.._~.... _ / _....~_.....____.___.____.___....____.__..__..._.._.. ._.,___,.__,___._. ,-"__'__.0"-_'_--- SD CNTY BRD OF SUPRVRS TEL No.619-557-4025 Feb 9,94 10:37 No.027 P.02 COUNTY OF SAN DIEGO BOARD DF&UPERYISORS -- ."IAN P. DUBRAY -...... CHIEF ADMINISTRATIVE OFFICE DI"NNI ~"co. -- 'A" SUT5R AGENDA ITEM ............ lEON L. WILLIAM. .............. .JOHN UAeøðNALD -- MEETING DATë: February 8, 1994 TO: Board of Supervisors SUBJECT': Adopt a resolution reaffirming the strong suppon by the Board of Supervisors Cor tbe conûnued presence of tbe U.s. military in the San Diego region. SUMMARY: IssuefRererence 'I ,- 'i q---'~~'-T _,"'''''(r; - (¡ ,~.- )' -'II -'-,:, T"' ... ," .~.,., '-"-',' :., .,. ("'. .~:. i" ,.1) WHEREAS, it is not the intention. of tbe Board oC Supervisors to cause or influence the ':military to abandon Miramar Naval Air Station; and , 2) WHEREAS, the advisory vote intended for tbe June ballot is not meant to send a message to the military, or our elected representatives in Washington, that we want the . military to leave Miramar Naval Air Station; and "." 3) WHEREAS, Miramar Naval Air Station is only a viable option as a commercial airport should, and oilly if, the military announces they have decided to voluntarily abandon Miramar Naval Air Station; and . 4) WHEREAS, the Board of Supervisors recognizes the importance of Miramar Naval Air .,Station and the military to San Diego's economy, no effort will be. made to induce or èncourage them to leave; anù . 5) WHEREAS, the Board of Supervisors recognizes that uncertainties in San Diego County's evolving economy, including a dramatic loss of jobs. require tbe region's eJected officials to ,,,¡nove carefully when considering a new airport; and - 5Ã':J _ _.._....MH...___..._...·__ _._.__._.___m.______.___...__··.~_··_'_______ SD CNTY BRD OF SUPRVRS TEL No.619-557-4025 Feb 9,94 10:37 No.027 P.03 6) WHEREAS, a collaborative effort of government officlaIs, academics, business, labor and community leaders is needed In planning for a major regional commerdal aiIpon facility; 7) WHEREAS, the Board of Supevisors conœrs with the SANDAG Board of Directors' action that the airpon plamring process and scope ofwoIk incl!1de an ctOnomic and feasibility study that is thorough, £actual and timely; NOW 1HEREFORB 8) BE IT RESOLVED by the Board of Supervisors of the County of San Diego that they do hereby today, and throughout the planning process, reaffirm their strong suppon for a continued military presence at Miramar Naval Air Station and otber facilities in tbe region and extend their full appreciation of the militæy's contribution to San Diego County's economy, military heritage, history and quality of life, today and in tbe future. r'd T- '~-,- - '~:' 'C) ":,' ,-"..., '.- r~ ".~, :-~.. ''Ì'')~ I':ì (: , ,-,- .,;'- .," ", -:.~. :~, Recommendation CHAIRWOMAN PAM SLATER: Adopt the resolution. C' CHIEF ADMINISTRATIVE OFFICER: , ~lernatlfl:S - 2· , 5ø-,i ..._ - -_"._'0 ~- -~- ~----- - ---~ --- CITY OF VICTORVILLE 619-955-5000 FAX 619-245-7243 14343 Civic Drive Victorville. California 92392-2399 February 8, 1994 S! ~ -c-c :u (")0 iiI f'I1 ,....-n Honorable Mayor and City Council mC'Cl (') ::0-.. f'I1 city of Chula vista :;00:- - .<::: ,. P.O. Box 1087 V'I r- < Chula vista, CA 91912 0:::> -0 T .....< "T- - 0 _V'I 0-< (.j Re: Petitions For Review Concernina Georae Air mþ \0 Force Base Annexations Honorable Mayor and city Council: Enclosed please find petitions for review filed with the California Supreme Court concerning annexation of the George Air Force Base in the victor valley area of California, adjacent to the city of Victorville. I write to ask you to send a letter on behalf of yourself and/or your city to the California Supreme Court requesting that it grant the petitions for review. This letter (which is not a formal "friend of the court brief") is authorized by Rule l4(b) of the California Rules of Court. These letters are considered by the Supreme Court in deciding which of the very few cases it will take from its crowded docket. The key issue in this case is a Superior Court ruling that attempted to invalidate annexations of George Air Force Base without having the Local Agency Formation Commission (LAFCO), and all of the other annexing agencies, as formal parties to the litigation. We hope the Supreme Court will take the case and establish that annexations approved by LAFCO can only be invalidated when LAFCO and all of the annexing agencies are made parties to any lawsuit challenging an annexation. Another important issue is the responsibility of government agencies (serving as "responsible agencies" under the California Environmental Quality Act) to second guess the legal adequacy of environmental impact reports (EIRs) prepared by a lead agency for a project. We hope the Supreme Court will take the case and establish that only the lead agency is responsible for the content of the EIR, and other agencies who are not lead agencies cannot be sued over alleged inadequacies in the EIR. We expect that the annexations of the George Air Force Base area by the City of victorville, the Victor Valley Water District, the victor Valley Fire Protection District, the victor Valley Park and Recreation District, and the victor Valley Sanitary District, will ultimately be upheld by the courts. However, the Supreme Court review of this matter should greatly speed the ultimate resolution of the case. There are three reasons why you should consider sending a Rule l4(b) letter: Cc ~ d%¡ V\¡;~ril~~~ COA~MUNICAfï"kONS 5/;../ /-n- 00~/9 7 --.... ---,~,-- ,_.------ Petitions for Review... February 8, 1994, Page two (1) I expect that your city, and every city or other local governmental organization in the state of California, has an interest in making sure that annexations are subject to the legal challenge only when all of the annexing agencies and LAFCO are made parties to the proceedings and are able to present their positions. (2) In addition, I believe your city, and other cities and local agencies, have a strong interest in making sure that when they serve as a "lead agency" under CEQA, their decisions are not second-guessed in proceedings before other agencies. (3) Finally, when your city serves as a responsible agency, I am sure it does not want to be dragged into litigation as to the adequacy of the lead agency's EIR prepared for a project. By sending a Rule 14(b) letter, you will be protecting your own city's position in each one of these situations. Court rules allow a letter to be submitted instead of a formal legal brief. The case numbers of the petitions for review referenced in the letter should be included. Each letter should be accompanied by a written proof of service on the other parties to the litigation (copy attached). Thirteen copies of the letter should be provided the Supreme Court. I have enclosed a sample letter for you to consider, should you decide to send a Rule 14(b) letter to the Court. I would ask that you send your letter by Federal Express or overnight mail as soon as possible. For the letters to have any effect on the Supreme Court's decision as to whether to take the case, they need to be received by the Court quickly, no later than February 16, 1994. Should you have any questions, please contact me at (619) 955-5028. Sincerely, J2::y ~ Mayor JB/lm Enclosures Sb...t ~. "-'-._._-.-.-.-~.-----~--.----- - [EXAMPLE OF RULE 14(b) LETTER TO CAL SUPREME COURT] (The example provided below is a demonstration of the format that should be used by any entity wishing to send a letter under California Rule ot Court 14(b) requesting that the supreme Court grant review.) (LETTERHEAD] ~he Honorable Chief Justice Malcolm Lucas and Honorable Associate Justices supreme Court of the State of California 3580 Wilshire Boulevard, Room 213 :Woz &."gcles, Califcrnia 901)~.O Re: petitions For Review Filed On January 21, 1994--- Local Aqency Formation Commission v. SUDerior Court, (No. S037552, 2 Civil B080819) ¡ Victorville Recreation and Parks District et, al. v. SUDerior Court, (No. S037533, 2 Civil B080850) Dear Chief Justice and Honorable Members of the Court: This letter is submitted pursuant to Rule 14(b) of the California Rules of Court on behalf of to request that the Court grant the petitions for review filed in the above matters, which were filed with the supreme Court on January 21st. These cases involve an issue which is crucial to every city and local government agency in the state ot California: Can a court annul an agency's annexation in a case where neither the Local Agency Formation Commission ("LAFCO") nor all the annexing agency were parties? A second key issue presented is whether "responsible" agencies under CEQA can be attacked for alleged defects in an environmental impact report prepared by a lead agency? It is important that the California Supreme Court establish that all entities which are part of an annexation decision, including the LAFCO which approved the annexation and all of the annexing agencies, must be parties to any litigation challenging these decisions. Furthermore, it must be established that responsible agencies cannot be sued under CEQA for alleged defects in an environmental impact report prepared by the lead "gency. The superior court judgment, challenged in both petitions filed with the Supreme Court, purported to annul the San Bernardino County Local Agency Formation Commission's approval of five separate annexations of a 5,500 acre area, even though LAFCO and four of the five annexing agencies were not 5b .. .3 ----_._._--~_._--- ~arties to the case. Such a holding strikes at the heart of the procedures established by the California Legislature for the review and approval of annexations. It deprives LAFCO and local agencies of the ability to know when and if their annexations have been challenged, and to defend any judicial challenge to such annexations. Additionally, the superior court judgment at issue ?urported to invalidate a responsible agency's decision under CEQA, based on alleged defects in the lead agency's environmental impact report for the project. Under CEQA, responsible agencies should be protected from such legal challenges over documents that they did not prepare. is involved with numerous annexations and believes guidance-rrõm an appellate court is needed to establish that annexations cannot be annulled by the courts without the Local Agency Formation Commission and all of the annexing agencies as parties to any litigation. The petition for review should be granted by this Court resolve this issue of statewide significance. Respectfully submitted, Counsel of record (see attached proof of service by mail) . . ~b'o/ PROOF OF SERVICE BY MAIL STATE OF CALIFORNIA, COUNTY OF I am a citizen of the United States and a resident of the County of ; I am OVet the age of 18 years and am not a party to the within entitled action; my business address is I am readily familiar with 's practice for collecting and processing documents for mailing with the United States Postal Service. Under that practice, all documents an: deposited with the United States Postal Service the same day they are collected and processed in the ordinary course of husiness. On February -' 1994, I SClVed the attached lettet to the California Supreme Court pursuant to Rule 14(5) by placing a copy of the document in a separate scaled envelope for eacb addressee named below and addressed to each such addresser, as follows: Laurie D. Zelon, Esq. Beverly Reid O'Connell, Esq. Richard Grime, Esq. Rowena Yeung, Esq. MORRISON & FOERSTER 555 West Fifth Street, Suite 3500 Los Angeles, CA 90013 R. Zaiden Comdo, Esq. Jose Sandoval, Esq. LAW OFFICES OF R. ZAIDEN CORRADO 13200 Crossroads Parkway North, Suite 345 City of Industry, CA 91746 Attorneys for City of Adelanto and Rcdevelopment Agcncy of dIe City of Adelanto Christopher W. Gam:tt, Esq. James W. Barrett, Esq. David A. Twibcll, Esq. Barry J. Shotts, Esq. Wit1iam J. Caldarelli, Esq. LATHAM & W A TKJNS 701 B Street, Suite 2100 San Dicgo, CA 92101 Henry R. Kraft, Esq. KRAFT & HIGGINS 14350 Civic Drive. Suite 270 VictolVi11e. CA 92392 Attorneys for City of VictolVilIe, City Council of Victorville; James Busby, Mike Rothschild, Terry Caldwell. Felex Q. Diaz and Peggy Sartor as Members of tho City Council of the City of VictorvilJe 56--5' --.,. -- ------......-...- _.__._--_._---_._-------------~-_.----_.~_.._-----.- Eugene Tanaka, Esq. Susan Nauss, Esq. Michelle Ouelette. Esq. BEST, BEST & KRIEGER P. O. Box 1028 3750 University Avenue, Suite 400 Riverside, CA 92502 Attorneys for LAFCO Thomas P. McGuire, Esq. MONTELEONE & McCRORY 10 Universal City Plaza. #2500 Universal City, CA 91608 Attorneys for the Victor Valley Water District CALIFORNIA SUPREME COURT Office of the Clerk Marathon Plaza 303 Second. Room 8023 South Tower San Francisco, CA 94107-1317 (Original and 13 copies via United Parcel Service ovemight delivery) COURT OF APPEAL. STATE OF CALIFORNIA SECOND APPELLATE DISTRICT, DMSION THREE 300 South Spring Street, Room 2228 Los Angeles, CA 90013 LOS ANGELES SUPERIOR COURT Honorable Robert H. O'Brien Judge of the Superior Court Department 86 III North Hill Street Los Angeles, CA 90012 On , at , California, [ scaled alld piaced eac~, enveiope for coiiection and depos't by in the United States Postal Service. followinø; ordinary busines.~ p:"M:tires. 1 declare under penalty of perjury under the laws of the State of California, that the foregoing is true and comet and that this Proof of Service is executed on this _ day of February, 1994 at California. .5b·¡, 2 CITY OF VICTORVILLE 619-955-5000 FAX 619-245-7243 14343 Civic Drive Victorville, California 92392-2399 00 .~ ~~ -<-< :::8 no a rrI ,'T1 mo 0 ::rJ:r: - fT ~ë: . - February 8, 1994 u), < » 0 -0 fT ""'Tl< -r¡- - 0 -V> "...... ;.,:, m» N Dear City Clerk: Enclosed are letters to your city's Mayor, City Manager and City Attorney. Also enclosed is one set of the attachments for each letter. We are asking for your help. Could you please see that each letter gets the attachment and is routed to the proper official. As we are sending these letters not only to you, but all cities in California, I cannot express enough our gratitude to you for your assistance. Should you have any questions, please do not hesitate to contact me at (619) 955-5026. Sincerely, C~~<¿t~ City Clerk CS/lm Enclosures WRinEN COMMUNICA tlC.~\~S r ~d:¡<jY .5b~7 Council Agenda Statement Item: &, - Meeting Date: February 22, 1994 ~5'2'1 Referral No. 2803 Item Title: Ordinance: Amending Section 8.25.090 "Composting" to Establish a Minimum Distance of Six Feet that A Composting Bin Must Be Placed From Adjacent Residential Property. f)\" Submitted by: Bruce M. Boogaard, City Attorney \ -~ìì\? Agenda Classification: (X ) Consent ( ) Action Item ( ) Public Hearing ( ) Other: 4/5ths Vote: ( ) Yes (X) No At their meeting of September 14, 1993, during the public hearing on the yard waste recycling franchise and related ordinance amendment, the Council directed staff to establish a minimum distance that a composting bin must be located from adjacent property in order to avoid nuisance complaints, and strongly endorsed a minimum six foot distance. (See minutes attached). The attached ordinance establishes a six foot minimum distance that a composting bin must be placed from an exterior entrance to an adjacent residential Structure. Recommendation: Approval of this item by the Council will be construed, in the absence of contrary indication, to constitute approval of the legislative policy, introduction and direction to return the item for subsequent adoption. However, the City Attorney's Office does not have the technical ability to determine that 6 feet is a proper distance or that any distance is proper at all. Accordingly, this Office does not offer any recommendation as to its adoption but is returning this item as a scriviner of Council intent. The Director of Building and Housing has indicated his satisfaction with the 6 foot distance. The Conservation Coordinator believes that a properly maintained compost bin should not "smell", and that a poorly maintained bin could smell a distance greater than 6 feet. The Resource Conservation Commission has approved the item. ~~I Boards and Commissions Recommendation: Resource Conservation Commission reviewed this proposed amendment on November 22, 1993, and voted 4 to 1 (Kracha opposed) to support the amendment. The minutes of their meeting are attached. NOT SCANNED Discussion: A. Features of the Ordinance. 1. If a composting bin further than 6 feet constitutes a nuisance to the adjacent property owner, the proposed ordinance does not preclude us from citing it. 2. As worded, the proposed ordinance is not dependent on lot lines, so it is applicable to apartments and condos, as well as to single family residential units. 3. The ordinance creates a private nuisance as well as a public nuisance, so it gives the private property owner a civil right of enforcement rather than rely on city enforcement resources if they do not want to. B. Options for Alternate Ordinance language not recommended. 1. The Council may desire to require that composting bins be placed 6 feet from their lot lines regardless of the distance from an adjacent exterior window or other entrance. This is not recommended because it will unnecessarily constrain the use of a persons property if they are required to set their compost bins 6 feet away from their property lines, regardless of the fact that no one is, or is likely to complain of, the location. Fiscal Impact: We can expect a negligible increase in enforcement costs. Additional funds are unlikely to be needed. &'-2. . --..-"---" . ----.~-----'----~------,_._---'"_...~-_.."---- -. ____on_no' ORDINANCE NO. Dl5'T1 AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 8.25.090 OF THE CHULA VISTA MUNICIPAL CODE "COMPOSTING" TO ESTABLISH A MINIMUM DISTANCE OF SIX FEET THAT A COMPOSTING BIN MUST BE PLACED FROM ADJACENT RESIDENTIAL PROPERTY The City Council of the City of Chula Vista does hereby ordain as follows: SECTION I: That Section 8.25.090 of the Chula Vista Municipal Code is hereby amended to read as follows: Sec. 8.25.090 Composting. A. Every establisher of a Composting pile, bin, holding area or other such Composting system shall first obtain a permit from the City, if the total volume used within the boundaries of the premises for Composting is 15 cubic yards or greater. B. Every Composting pile, bin, holding area or other such Composting system shall be maintained so as to not create a public or private nuisance through visual, odor, safety and/or other means, or as prescribed in Chapter 19.66 of the Chula Vista Municipal Code. Without constituting a limitation on the foregoing. no such composting pile. bin. holding area or other such comDosting system shall be maintained within six (6) feet from an exterior window. exterior door or other exterior entrance to an inhabited residential structure other than one owned by the owner of such composting system. C. The owner, operator, or occupier of property containing a Compost pile, bin, holding area or other such Composting system that is greater than 5 feet high, 5 feet wide and 5 feet in length shall weekly monitor temperature, through utilization of a thermometer designed for such purposes. D. No single Compost pile, bin, holding area or other such Composting system on a Residential Single-Family (as defined in Ordinance No. 2443) premises shall be more than 5 feet in height and/or greater than 6 feet in width or length. f: \home \attorney\compost. bin ¿'..3 .-.'.- - ..~-_..-._.._-_..__......~--,.__._~..._-- ,-_.__._----~._..- . . . MINUTES OF A SCHEDULED REGULAR MEETING Resource Conservation Commission Chula Vista, California 6:30 p.m. Conference Room #1 Monday, November 22,1993 Public Services Building CAU. MEETING TO ORDER/ROLL CAU.: Meeting was ca11ed to order at 6:30 p.m. by Chairman Kracha. City Staff Pnvironmental Review Coordinator Doug Reid called roll. Present: Commissioners Hall, Kracha, Myers, Burrascano, Guerreiro. It was MSUC (Hal1IMyers) to CJl.cuse Commissioner Johnson from the meeting as he appropriately notified the office: S-O. It was MSUC (MyerslHal1) to excuse Commissioner Ghougassian from the meeting. Vote 2-3, ayes: Myers, Hall: nos: Burrascano, Guerreiro, Kracha (previously asked to be excused for month of October only); motion failed. NEW BUSINESS: 1. The Commission agreed to take an agenda item out of order to accommodate Councilman Len Moore who was present to discuss the City's responsibility in the overcrowded schools. He noted the Growth Management Oversight Committee addressed this issue several years ago. Their report noted that it is the system-and not the City-which is responsible for the overcrowding. Schools are required to sign on a permit prior to developers being issued their permit. An attempt is still being made to allocate more available funds for the schools. He discussed some equitable approaches with priority funding and how they qualify, and the use of Mello Roos taxes to fund schools. Myers strongly recommended the City inform and educate parents of the financial advantage of multi-track year-round schools. Additionally, the superintendent makes the decisions to sign off permits: however, the teachers are effected with overcrowded classrOOms and should therefore be allowed input on major projects. She asked council to visit classrOOms to see the overcrowded conditions finthand. Mr. Moore noted that money for schools and the community is WIli7.eð through the projects. It may be worth the commission's while to find out how the funding is coming back to the community. APPROVAL OF MINUTES: It was MSUC (Hal1IMyers ) to approve the minutes of the meetings of Qctobet 11, 1993 and October 25, 1993; vote S-O. 2. Compostin¡ ordinance amendment Section 8.25.090. Kracha suggested to reword the paragraph about location of compos!in& bin by perœntage and not by footage, on where it's placed from adjacent residential ptoperty. If a permit is required, the condition of the cubic yards should be Idevant to the size of the lot. After a brief discussion, it was moved and seconded (Hal1IMyers) to recommend adoption of the amended ordinance: vote 4-1, no: Kraeha: motion carried. 3. It was MSUC (MyerslGuerreiro) to nominate Barbara Hall as vice-chairman for the current fiscal period; vote S.{), motion carried. ¿ '5' _.._.__.~. Resource Conservation Commission Page 2 4. Myers submitted three written items for the Ideas for Improving the Environment: <a> the DO cuñew rule at Brown Field; (b) City's responsibility in the overcrowded schools; (c) the aesthetics of Pier One Imports on Bonita Road and 1-805. Burrascano conveyed her concerns on the brush fire clearance policy on how it specifically impacts the coastal sage scrub, and the landscaping manual. Doug Reid noted the manual is currently in revision. Guerreiro's concerns were of cardboard cereal boxes and the like not recyclable. Len Moore stated that a company is currently looking into that type of recycling. Kracha advised members to submit all ideas in writing by the next meeting. He also suggested to note any possible fiscal impact to the City. S. Review of Negative Declaration for IS-94-o1, Vacation of a portion of Moss Street. After a brief discussion, it was MSUC (HallIBurrascano) to accept the negative declaration; vote 5-0; motion carried. STAFF REPORT: Doug Reid noted a major changes in CEQA guidelines will occur in February or March. The local procedures will then change. Information to follow after that time. Commission's Banquet Dinner is scheduled for Tuesday, November 30th. CHAIRMAN'S COMMENTS: Kracha asked if the commission wanted to schedule a tour of the APTEC facility. It is tentatively scheduled for January 15 around 10 a.m. Kracha asked if commissioners also wanted to see how the American Car Wash located on Broadway recycles its water. Members will decide on this at the next meeting. COMMISSIONER'S COMMENTS: Myers noted there was a duplicate of mailings in the recent paclœt after the last meeting was canceled. Members were advised to save the handouts in the future until the next meeting to avoid having to recopy everything and incur the expense of extra postage. Also, she wanted staff to be reminded to mail paclœts to be received on Thursday rather than Friday. ADJOURNMENT: The meeting was Idjoumed by Chairman ICracha at 8:08 p.m. Respectfully submitted, . ....... - ~ ' ,..tjad~ &-~ ---~ -_.----- ...._~----------- ---- ~~~~ Minutes September 14, 1993 Page 5 - PUBUC HEARINGS AND RELATED RESOLUTIONS AND ORDINAN=~ 14. PUBUC HEARING CONSIDERATION OF GRANTING A FRANCHISE TO LAIDLAW WASTE SYSTEMS, INC. FOR RESIDENTIAL YARD WASTE RECYaJNG COlJ.EC110N SERVICES.. At the 8/17/93 meeting, Council approved the resolution giving notice of intent to grant a franchise for residential yard waste recycling program collection services to be provided by Laidlaw Waste Systems and setting 9/7/93 as the date for the public hearing. N directed, staff noticed the public hearing in conformance with the Charter. The report further describes the Yard Waste Recycling Program as conceptually approved by Council, to allow for Council and citizen input during the public hearing. Staff recommends Council place the ordinance on first reading. (Administration) Continued from the meeting of 9/7/93. ORDINANCE 2568 AMENDING ORDINANCE NUMBER 1993, AS AMENDED, BY MODIFYING THE TERMS OF THE LAIDLAW WASTE SYSTEMS, INC. FRANCHISE TO REQUIRE COlJ.EC110N OF YARD WASTE FROM SINGLE FAMILY RESIDENCES WITHIN THE CI1Y FOR THE PURPOSE OF RECYQ.ING.ill!:!! readins¡:) Stephanie Snyder, Principal Management Nsistant, stated Laidlaw had informed staff that the diamond design proposed was cost prohibitive and they would be using a different design for the sticker. Councilmember Rindone stated his concerns: 1) Residents may try to store their yard waste for several weeks which could cause undue odors or health concerns. 2) Council had provided direction to staff regarding the location of composting and he was unsatisfied with the answer in the report. He felt that composting should be six feet from the property line for single family residences in order to avoid health concerns. 3) Would residents be able to purchase containers from vendors other than Laidlaw. 4) Under the system paper and plastic bags would not be acceptable. He felt the education program would be critical. ~, Mayor Nader stated he could not find the Resource Consetvation Commission minutes in the packet. Ms. Snyder reviewed the actions taken by the Resource Consetvation Commission. This being the time and place as adyertised, the public hearing was declared open. Alan Purvis, representing Laidlaw Waste Systems, felt it was the most innovative program in the County if not the State. The compromise reached with the City was that each resident could put out five containers or bundles for a $1.00 sticker. Their logic was that as long as "they were getting paid $1.00 to stop there was not a huge incremental cost in picking up three or four bundles. To divide that equally over the five bundles, making it a twenty cent sticker meant that the truck would have to stop at five different homes to collect the same dollar of revenue, which changed the economics of the proposal. Laidlaw was attempting to move toward a more automated system of trash collection and the balTels that would be provided were sixty-five gallons and on wheels and were not available in retail stores. The homeowner would have the option of the pay-as·you-go system. They intended to coyer all replacement parts if stolen for the $1.00 per month. Laidlaw would make the parts ayailable for their cost. There would also be a walTanty on the containers that he assumed would pass on to the homeowner if they bought it. Laidlaw was having discussions with" Organic and hoped to have a contract with them to provide cheaper disposal of yard waste which would ultimately lower the costs of the City program. Plastic bags were not acceptable in any yard waste collection program, some programs did allow craft bags and they were negotiating with Organic on that issue. There being no further public testimony, the public hearing was declared closed. Councilmember Moore requested clarification of the statement that 17% of the City's waste stream was comprised of yard waste and questioned if the program would cover multi and single family residences. - {i\' ¿...? "~'! ____" .- n ___.-_. -,,""- _n " - ----- --- - -- - - Minutes September 14, 1993 I Page 6 .' Ms. Snyder responded the percentage was correct. The yard waste program would cover both multi and e single family residences. The majority of multi·family complexes had the yard waste collected by professional landscapers, The curbside residential recycling program took from 3% to 8% out of the waste stream. Mr. Purvis stated the residential curbside program was diverting 8% of the residential waste stream which translated to 3 1/2% of the total waste stream of the City. The City could possibly reach the 25% with the addition of the multi·family and commercial recycling programs. Councilmember Moore questioned how the City would know they had reached the 25% when Laidlaw did not handle all of the yard waste. Ms, Snyder responded that the process of reporting and monitoring the progress for diversion was a process the Conservation Coordinator had been working on with staff. Other cities were also facing the same problems. Councilmember Rindone questioned what should be done to amend the ordinance to restrict the placement of composting bins within six feet of the boundary line of single family residences. City Anorney Boogaard responded that if Council wanted a distance specific restriction it could be amended at the next meeting. He then reviewed the existing regulations in Sections 8.25.040, subparagraph A and Section 18.25.090, subparagraph B. Even without a distance specific section he felt Council may want to keep the less specific controls in place to address Council member Rindone's concerns. Councilmember Rindone felt there needed to be specific protection as there were segments in the Ciry with zero lot lines. Because the other sections were so generic he did not feel they were adequate. Councilmember Horton expressed concern that if there was a zero lot line property they would be required e to place the composting bins in the middle of the backyards. Councilmember Fox stated he lived on a property with a zero lot line and was aware of such situations and felt there should be an amendment regarding distance specific regulations. ORDINANCE 2568 PLACED ON FIRST READING BY COUNClLMEMBER RINDONE, reading of the tat was waived. Councilmember Rindone stated the Council's concerns regarding the dissemination of information to the residents should be clearly and simply stated prior to the institution of the program, A telephone number should also be included to answer any questions. Mayor Nader stated that public education should be on how to use the program but also on the economic impacts of the program. He hoped staff would use the trash bill and release information to the media. Money would be saved through the program through the reduced use of the landfills. He understood that the exact amount of savin&, would not be known but felt a range or a good faith estimate should be included. VOTE ON ORDINANCE 2568: approved unanimously. MS (lUndone;Fox) to direct staff to bring back an ordinance to amend Section 8.25.090 to provide for a distance specific protection for single family residences. Councilmember Fox questioned whether it would be an appropriate place to address the collection of all waste. e .. ¿..y ,...~.., - Minutes . September 14, 1993 Page 7 . . City Attorney Boogaard stated the section dealt only with compo sting and not natural trash. Councilmember Horton questioned whether it would create a problem for those keeping their trash cans on the side of their homes because many lots only had five feet or leu from the property line. Councilmember Rindone stated the motion dealt oruy with compo sting as it was open whereas, trash containers had lids. He recommended six feet but would look to staff for a recommendation. Mayor Nader questioned whether the motion could be amended to refer the amendment to the Resource Consemation ColIlDÙlSion for review prior to action by Council. Açeed to by the Maker and Second of the motion. VOTE ON MOTION: approved unanimously. 15. ORDINANCE 2569 ADDING CHAPTER 8.23 ENTITLED "WASTE MANAGEMENT FRANCHISE' TO THE MUNICIPAL CODE (first readin!l) . The ordinance makes no substantive changes not previously made by Council in prior amendments. It brings all the amendments into a single document, and codifies them into the Municipal Code for quick reference. Staff recommends Council place the ordinance on first reading. Does not reauire a Dublic hearin!l but is related to above Dublic hearin!l item. (City Attorney) ORDINANCE 2569 PLACED ON FIRST READING BY MAYOR NADER. reading of the text was waived, passed and approved unanimously. 16. PUBUC HEARING CONSIDERING A REQUEST FOR A DEFERRAL OF THE REQUIREMENT TO . UNDERGROUND OVERHEAD 12 KV UNES AT 3001 BONITA ROAD· According to Chapter 15.32 of the Municipal Code, all existing overhead utilities crossing a parcel under development shall be converted to underground, except for 69 kv lines. Bonita Gateway, Ltd., is developing the property at Plaza Bonira Road and Bonira Road and has requested a deferral of the requirement. Staff recommends approval of the resolution. (Director of Public Works) RESOLUTION 17252 APPROVING THE REQUEST BY BONITA GATEWAY, LTD., FOR THE DEFERRAL OF UNDERGROUNDING REQUIREMENTS AT 3001 BONITA ROAD AND APPROVING AGREEMENT THEREFOR Clifford Swanson, City Engineer/Deputy Public Works Director, gave a brief slide presentation and infonned Council that the poles and 69 kv lines would remain above ground. Councilmember Rindone questioned if the City could require that all the lines be pur underground. Mr. Swanson stated the City could require that they be buried but it would be extremely expensive and should be done through an undergrounding district. Under the ordinance, the undergrounding of the 69 kv lines would nor be the responsibility of the property owner. Councilmember Rindone questioned if one WaS required, what would prevent both from being required to provide the aesthetic relief which WaS one of the objectives of the provision. , Councilmember Horton questioned if an underground district Was established whether they would be responsible for the undergrounding of the 12 kv lines. Mr. Swanson stated that under the deferral the property owner would be responsible. e This being the time and place as advertised, the public hearing was declared open. ~~7 ~¿-".,~. --~'!lkA"s,'..,..,,".''''"'''. - ';". COUNCIL AGENDA SfATEMENT Item :/ Meeting Date 2/22/94 ITEM TITLE: Resolution I? 39 J d' h b d . . amen mg t e FY 93/94 u get, appropnatmg funds from the unappropriated balance of the general fund, and authorizing the Mayor to execute on behalf of the City a Memorandum of Understanding with the San Diego County Water Authority for the CWA Public Institutions Retrofit Program Phase II. SUBMITfED BY: Environmental Resource Mana~ om",oc of Publ" WOd'" REVIEWED BY: City Manager -~ ~.:cr,5 ~ (4/5ths Vote: Yes..x. No~ On April 20, 1993 the city responded to a request from the county water authority to apply for grant funding under the Public Institutions Retrofit Program funded by the County Water Authority (CWA). In response, the CWA in coordination with its member agencies, has chosen the City of Chula Vista as a program participant. The Council approved retrofitting and installing forty-two ultra-low flow toilets in 1993 as phase I of the City's ultra-low flow retrofit program for public facilities. RECOMMENDATION: Approve participation in Phase II of the San Diego County Water Authority's Public Institution Retrofit Program and authorize approval of a memorandum of understanding for participation between the City and CW A for the purchase and installation of seventy-four ultra-low flow toilets, and appropriate funds from the unappropriated balance of the general fund to the Construction and Repair Minor CIP account, to be reimbursed by CWA. BOARD/COMMISSION RECOMMENDATION: None. DISCUSSION: The City of Chula Vista, under the Public Institutions Retrofit Program of the CW A, will retrofit seventy-four 3.5 to 5 gallon toilets in city facilities with ultra-flow 1.6 gallon toilets, including those designed for the physically challenged. The Public Institutions Retrofit Program is designed to offer select Public Agencies direct funding assistance to purchase 1.6 gallon ultra-low flow toilets for use in their Public facilities. Urider this Program, they will replace high volume flush toilets with CWA approved ultra- low flow toilets in order to achieve substantial water savings. It will be the responsibility of the City to procure the toilets. Upon submittal of an invoice, the CWA will reimburse the City for the cost of the toilets and the hardware materials needed to complete the retrofit. 7''/ "_"_.____. .. ... '._.._"___"0 --_.'-,.._,----,- Recently staff conducted an informal survey of the City's public facilities, and as a result, staff plans to retrofit facilities with the highest level of consistent use. Therefore, the following buildings will retrofitted in Phase II. Location Fixture Retrofit Total Per Facilities Fire Sta.#l 4 6 Fire Sta.#2 2 2 Fire Sta.#3 2 2 Fire Sta.#4 2 2 Fire Sta.#5 3 3 Nature Intrepretive Ctr. 9 9 City Museum 2 2 Lauderbach Rec. Ctr. 5 5 Parkway Gym 6 6 Parkway Pool 7 7 Parkway Comm. Ctr. 6 6 Lorna Verde Pool 12 14 Public Works Yard 9 9 Lorna Verde Rec Ctr 5 5 TOTAL 74 76 As a condition to participate in the program the City must enter into an agreement with CWA. A Memorandum of Understanding (MOU) will be provided by the CWA and is to be signed by both parties. The CWA's role is that of financial supporter. The CWA is not expected to contribute in-kind staff, such as installation assistance. City staff will be conducting installation for the City. CW A staff will provide program implementation and advisory support during the program. In order to comply with the County Water Authority's program, the City must submit an invoice no later than May 1,1994 to be considered for reimbursement. Staff went into an informal bidding process, requesting bids from three local supply companies, and accepted the lowest bid, from Standard Plumbing and Industrial Supply, which met specifications for the total cost of $8,750. Staff also received a higher bid from Pacific Plumbing Specialty at a cost of $10,840.38 and the Plumbing Store at $11,977.93. Of these bids, at least one is a local retailer, the Plumbing Store. Staff has calculated local sales tax into the bid for the Plumbing Store, and the total sales tax received by the city for the Plumbing Store bid offsets the bid by only $120. Therefore, staff recommends purchasing from the lowest bidder. The City plans to purchase 64 commercial flush valve wall mount toilets, at an average of $87 per toilet and 10 residential tank toilets at $153.18 per toilet; after CWA reimbursement there will be no City expenditures needed for the retrofit. Upon Council approval, and subsequent acceptance of our invoice by the CWA, staff will install the toilets in a phased process after delivery. 7' .2- -,.-.---- ---- -- EXISTING ULTRA-LOW FLOW TOILETS IN <JTY BUIlDINGS The City of Chula Vista currently has 79 ultra-low flow toilets in City's facilities. Half of these were installed in 1993, with the rest installed over the past 4 years. These toilets have been installed The Public Works Department, in charge of maintenance of the restrooms, has reported no problems or abnormal stoppages due to any of the retrofits. Staff has reported a slight improvement in some of the buildings after the 1.6 gallon retrofit took place. This includes a reduction in stoppages, particularly with regards to the Eldorado building. Because the County Water Authority plans to continue this program for the next five years, the City plans to continue subnútting proposals over the coming years to eventually retrofit all public buildings operated by the City of Chula Vista. During Phase I of the Public Institutions Retrofit Program, staff retrofitted 42 toilets. Additionally, low flow toilets have been installed in other building throughout the City. All together, these include: Buildin~ # Toilets Retrofitted City Hall 5 Police Department 8 Library 19 Public Services 10 Fire Sta. #1 6 Fire Sta. #2 2 Fire Sta. #5 3 Norman Park Ctr. 5 Rohr Manor 3 Rohr Maintenance 2 Lorna Verde Pool 2 Eldorado Building 2 Community Dev. 2 FISCAL IMPACf: The total cost, excluding labor, for retrofitting the proposed buildings will initially be $8,750. Labor will be supplied by the Public Works department, and is expected to average 74 hours. Until reimbursement is received from the County Water Authority funds, funds will need to be appropriated from the unappropriated balance of the general fund to the Construction and Repair Minor CIP account. Reimbursement of the $8,750, according to the CWA, should be completed one month after City staff subnúts a final invoice to the County Water Authority. Because the total is less than $10,000 a formal bidding process was not. conducted, although an informal bidding process was conducted and three bids were received. 7-3 - -- .----_."--_...,._._-,_.._,~-------_._.+.._-~._..+-+_..~.. ._--_.._.._-_.~._,._- RESOLUTION NO. /731/ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR TO EXECUTE ON BEHALF OF THE CITY A MEMORANDUM OF UNDERSTANDING WITH THE SAN DIEGO COUNTY WATER AUTHORITY FOR THE CWA PUBLIC INSTITUTIONS RETROFIT PROGRAM PHASE II AND AMENDING THE FY 1993/94 BUDGET BY APPROPRIATING FUNDS WHEREAS, on April 20, 1993, the City responded to a request from the County Water Authority to apply for grant funding under the Public Institutions Retrofit Program funded by the County Water Authority (CWA); and, WHEREAS, in response, the CWA in coordination with its member agencies, has chosen the City of Chula vista as a program participant; and, WHEREAS, the Council approved retrofitting and installing forty-two ultra-low flow toilets in 1993 as Phase I of the city's ultra-low flow retrofit program for public facilities; and, WHEREAS, recently staff conducted an informal survey of the city's public facilities, and as a result, staff plans to retrofit facilities with the highest level of consistent use by participating in Phase II of the Retrofit Program; and, WHEREAS, as a condition to participate in the Program, the City must enter into a Memorandum of Understanding with CWA. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby authorize the Mayor to execute on behalf of the city a Memorandum of Understanding with the San Diego County Water Authority for the CWA Public Institutions Retrofit Program Phase II, a copy of which is on file in the Office of the city Clerk, as Document No. - (to be completed in by the Clerk in the final resolution). BE IT FURTHER RESOLVED that the FY 93/94 budget is hereby amended by approriating $8,750 from the unappropriated balance of the General Fund into Construction and Repair Minor CIP Account 100-1470-5567 with said funds to be reimbursed to the Ge al Fund upon receipt from CWA. Presented by as t J Barbara Bamberger, Environmental ity Resource Manager C:\rs\PhaseII.cwa ?-L//7-5 _.__._+---.---~~~-_.._~~--------- ,---_.__..~ ~ Son Diego CO~~!r,,"~oter Authority 3211 Fifth Avenue. San Diego, California 92103-5718 (619) 682-4100 FAX (619) 297-0511 January 3,1993 Rick Matkin City of Chula Vista 707 F Street Chula Vista, CA 91910 Dear Rick: This lS to inform you that your price quote for 74, 1.6 gallon per flush ultra-low flush toilets and associated installation materials has been approved for payment by the San Diego County Water Authority ("Authority") . Please submit an invoice for payment no later than May 1, 1993. The invoice should be mailed to: San Diego County Water Authority 3211 Fifth Avenue San Diego, CA 92103 Attention: Maria G. Mariscal The submitted invoice, at a minimum, should include the toilet manufacturer and model number, price per toilet unit, and unit price for all associated installation materials. Enclosed are two copies of the Memorandum of Understanding (MOU) for your execution. Please return both copies of the MOU to the Authority, attention Maria G. Mariscal. please note that invoice payment will not occur until the signed MOU is received by the Authority. I applaud your agency's efforts to conserve water and look forward to working with you again on related water conservation programs. If you have any questions regarding this program, please do not hesitate to call me at (619 ) 297-3218. Sincerely, /:Þ~/~L.- ~, Maria G. Mariscal Program Manager MGM/s Enclosures MEMBER AGENCIES CITIES IRRIGATION DISTRICn: WATER DISTRICTS MUNICIPAL WATER DISTRICTS . DelMor· hoond,do· NOI;O"oICity . SonIa f., . Sout~ Boy ?...5 . Hellx.Oloy .; Corl.bod . Romo~o . Oce"n..de' Powoy' Son Diego .Vi.lo o Son D'oguilo . Oli",nhoin oR;n,ondeID,,,tl1o 'Vall~¡to, . Podre Dam . Volley Center COUNTY . Rainbow . Yu'me -Son Diego PUBLIC UTILITY DISTRICT FEDERAL AGENCY (exoff¡",,1 ° Fanbrook . Pendleton Mil;lory Re.ervohon PRINTED ON RECYCLED PAPER --.... -.-..--...- .-- --....---,,-. ----_.._--~_._~~- .__._+--~._.- ----.----------- @ Son Diego Co~~.~",~oter Authority 3211 Fifth Avenue. San Diego, California 92103-5718 (619) 682-4100 FAX (619) 297-0511 MEMORANDUM OF UNDERSTANDING REGARDING THE CITY OF CHULA VISTA'S ROLE AS COOPERATOR IN THE SAN DIEGO COUNTY WATER AUTHORITY'S PUBLIC INSTITUTIONS PLUMBING RETROFIT PROGRAM This Memorandum of Understanding made and entered into as of , by and between the San Diego County Water Authority (hereinafter referred to as the "AUTHORITY" ) organized and existing under the County Water Authority Act of the State of California (Chapter 45, Water Code - Appendix and Amendments thereto) , and the City of Chula Vista (hereinafter referred to as "CITY" ) lS to set forth the respective roles of the AUTHORITY and the CITY in regards to the AUTHORITY'S Public Institutions Plumbing Retrofit Program (hereinafter referred to as " PROGRAM" ) . The PROGRAM (which for purposes of this agreement will mean that portion of the project solely under the jurisdiction and authority of the CITY) involves the installation of 1.6 gallon per flush ultra-low flush toilets (hereinafter referred to as "ULFTs"). The Authority will provide funding to the CITY for the purchase of approximately 74 ULFTs, and incidental installation materials, for installation in various public facility sites. Device installation will be the sole responsibility of the CITY and will take place no later than SlX months after the execution of this agreement. Only ULFTs listed as approved on the current San Diego County Water Authority - Approved ULFT List (enclosed) will be eligible for use in the program. If existing sewer fixtures/lines cannot accommodate any of the approved, listed toilets, written notice explaining why a particular, unapproved 1. 6 gallon per flush toilet model was selected must be presented to the AUTHORITY for approval prior to toilet purchase. The AUTHORITY will develop and execute all agreements necessary for the operation of the PROGRAM. Specific responsibilities are as follows: 1. The AUTHORITY'S sole role is that of financial supporter. The AUTHORITY is not expected to contribute II in-kind" serVlces, such as installation assistance. AUTHORITY staff will provide program implementation and advisory support during the PROGRAM. 2 . The AUTHORITY will pay the CITY an amount not to exceed $8,750.05 (which includes the cost of the 74 ULFTs and incidental installation materials) . MEMBER AGENCIES CITIES 'litIGATION DISTRICTS WATER DISTRICTS MUNICIPAL WATER DISTRICTS '~Mcf·f"ond;do·Nahonclc;,y 'SontoFeoSouthBoy . Hel" " Olar . Carl,bad "Ramona . Oceanside' Powoy' Son O,..go . Vista 7"¡' o Son DieguiTo ·OI¡""nhOln o R,nçondel D,oblo .Voli"",to. . Pod,. Dam . Valley C:eMe' COUNTY o Rainba... . Yuimo 'SonD,e90 PUBLIC UTILITY DISTRICT FEDERAL AGENCY le.offi,,,,¡ o Fanb,aol< . P"ndlelan Milijory Re,er"",'ion PRINTED ON RECYCLED PAPER _______.___.0_ .__._m_'._______._,~_·~_·_·,·___,___ ...._._____ 3. The AUTHORITY shall provide the CITY with all promotional or informational pamphlets or publications prepared in conjunction with the PROGRAM. 4. The CITY agrees to indemnify and hold harmless the AUTHORITY, its Board of Directors, officers, and employees, from any and all claims, damages and losses, including attorney fees, arising out of the conduct or operation of the PROGRAM, provided however, that the CITY's duty to indemnify and hold harmless shall not include any claims or liability arising from the sole negligence or willful misconduct of the AUTHORITY, its Board of Directors, officers, and employees. 5. The CITY shall receive recognition and credit for its participation J.n the PROGRAM which is equal to that received by other participating agencies. 6. The CITY shall provide the AUTHORITY wi th monthly reports which document the number of ULFTs installed in CITY facilities to date. 7. The CITY shall provide the AUTHORITY or its authorized representative with water use data as required to evaluate this PROGRAM which includes, but is not limited to, toilet installation records, historical and post- installation water use records, and any other reasonable and necessary data required to evaluate the water savings of the PROGRAM (see enclosed form) . 8. The AUTHORITY and the CITY may desire to renew this Memorandum of Understanding for two additional one year periods under the terms and conditions herein stated contingent upon the mutual agreement of the AUTHORITY and the CITY, to be confirmed sixty days prior to termination of the initial contract period or any renewal periods exercised. Any notice or instrument required to be given or delivered by this agreement may be given or delivered by depositing the same in any United States Post Office, registered or certified, postage prepaid, addressed to: San Diego County Water Authority 3211 Fifth Avenue San Diego, CA 92103 Attention: Maria G. Mariscal 7-7 ._~__".....___..._M._'______' ..._..__._.,_~~_ City of Chula Vista 707 F Street Chula Vista, CA 91910 Attention: Rick Matkin and shall be effective upon receipt thereof. The individuals executing this agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities and have agreed to the terms and conditions stated above. THE SAN DIEGO COUNTY CITY OF CHULA VISTA WATER AUTHORITY By By Lester A. Snow General Manager APPROVED AS TO FORM: THE SAN DIEGO COUNTY CITY OF CHULA VISTA WATER AUTHORITY By By General Counsel City Attorney Enclosures MGM\I:publcmou 7~ S' __··_.u.._ . - "'-_..._-- --.--., .. '., APPROVED ULFT LIST MODI1 MODI1 MAN\JJAC1UlIDI (nAD£ NAME' MANUFAcnJREIt mAD!' NAME) æuIER I'I.IJMIIN(; AQUA SAVER. n·7œ., n-7U. 21-7111 ACORN FIXßJRIS aJIU'. lft.TRA FLUSH Zl-&. 21...)1., 2]...113., _.1001._ ] WISIoon V..... Zl.,)þÞof. 25-130..,. 250-130..., I So.! W 1675.1619.1610, _ _ U1 Vahot·~· 2100.2105, UJO. CombiMtian..¡ THE CREAT w.e. CORP. SAVEX totO (lItO øowt. D4Ø 1:-1. .ab6..1 3331..1J.Ð. 3JJ3 CSA. EDESA. FAHALOZA. ØllllCNCIW1C ~ -'--'J VENCERAMICA aNT\JRY IO'l1 JCICI6,16N.l6I5. U95. mo. Z115. WISIo.I Ul vatw- HCC NORTH AMÐUCA GW2 2121), JJ.14. 3335. - CoI:nbinIâœþ l<OHIØ COMPAN\' AlOJtTTE un: K..M9t. 3.136.3337,1415. IAJUUNGTON un: K........ 14l1. 100. 106. 3315.3311 COlTT1.IRE un: K...w1J". K..wn. k,..)Ø2..U (AU. MODflS MUST HAVE UU SUFFJXJ ENGLISH T1mJJS tnt k.1(].1I ft... AMÐUCAN STANDARD,INC. AImQlI!TY "" IÐQiUNE UTEK..J.M4Þ-' PORTRAlT UTE K...M9OÞ- 0iL0£ ZIZI. COLONY me 1tOSAAlO UTE ...... HERITAŒ 1176 SAN MARTINE un J(.)W BABY DEVORO %lQ.01oÞ. WEL.LC'QdE un k~ I SIoM 111 VaM·. YOIUCWl.E :zJ2O.OU WÐ.LWOR1H UTE K-HJ7Þ. )C...Mlt . NEW CAD£T D RF AQUAMETER Z16fo.U5, 217f k..J4».ØÞ-. k..¡w.P8: K.J45I liXINGTCO/ "'" SAN RAf'KAÐ. UTE )(..,J,)INÞ NEW CADET AQUAMETER 117.Z.W lJ0'J9.0l4. f I.lA1.rounK...MOf. 4OI6.œs~) 2292.DIJI»1.011f tGGHClIFF UTE Ko4J6I* .,. 401!16.m5 CanbinaDon'. ÐDERL Y NEW CADET AQUAMETER n6l.l2I ICNCSTON un: K~* þ¡ (JOU.1CW/4OI6.œsCocnbinalion)Þ' MANSFIEID-ICILG AWCRO 1JO..16, 1»-16. 1.JO.16Z. 1.15-1t.1 JOU.IQ1. 300.156'" f SIo&rI1l1 V.w· NORRIS INDlJSmE5 -<Jl,IANlUM 1»1". 151-1 ., CmnbNtion·, CASCADE 3110. CASCADE JI90Þ - MADERA AQUAMETER 2J34.OU.". W COM"L MODEl. UlO.... P1DE AQUAMETER 1139.116. 2139.010. %139.01" ELAN 1J2..16J. 1»-163 21&5.010. 2)&s.DU, 2115.014 (30.)9,106 I 409'1.011 METOAFT. INC. 1.0 FWSH tm 10 1.0 fLUSH t1Øl. C~) RÐ-M1SSANCE 21416: 2161 "'c<0PH0R link Lf 16£ HYDRA 2116. INGA 1031 OSPAC tLAUFENJ CAmlA m7.0J\1016.O: fONTAJ1I,'E:ZOU þ PEERLESS POT'TERy HYDROMlSER 5160.5161.5164,5660. !661 Þ' UNEAR ID4 POROŒR. INC. "VENETO 97U NEW AFWALl AQUAME'nR 1151.103 1 Sloan 111 YaM" Coritin,ationþ%_ SANlTAlUOS AZTECA IA M~ MERaJRJO 06 ....,..,IAN SANTA FE C-G41 (C",,* t C...w.n CambNbOtI) rn>uJNC I'LUMJIING WINDHAM tm015, taZZ1! INDUSTRIES SOMERSET UTE Ct600 (4,ZQ) 1 4Iœ Combination) CROUP. INC. DESJCNIRUTEC~ TITON INDlJSmE5 BARON R05 rrtrON RQ5) BRIGGS INDUSTRIES INC. 11JRBOFUJSH 47COÞ, 4110. 414OÞ1. 4145þ ClASSIC FWSH: In"E tI1 lß.TRA CONSERVER 4120. 4125. t13I , BEAtm'WARE roro KIlO USA CSTi'IJ3,CSTi'Ot.CST7D5Þ* 1110., :l.8'1.1QÞ.W.1I4. :z.81ÞT tJI<IIVERSAU<UNDI.I ADAAA 4042, 4016 1SJ t SIo.n 111 Valve" Cambin.lbonÞt AMH:;A POWEJtRJJSH 01. t06,)Þ 1511 1 SkI.n 111 Va/w" Cømbinatior<Þ VlSCotJlI," 0 AT1.A.S 4000. 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Z!: DO ~ !5 i '" c '" ::> en f ~, ¡¡; ~ ~ ~ ~ ::> .. 5' (þ st .. ~ c ' ¡: ~ ..... ¡¡; ><' .. ! - 12. ~ ~ ~ ¡¡; ¡¡; r¡. .. D. g, ..... = ~ '" ';'j = ~ ...~ -< ~ § -< ::r =. n W o g ... ..... ... ¡¡¡ II> i õ ~ -t ~ '" ~..... ! ¡i¡ ..... ~ DO î ~ ><' - ~ (') -<Ä m :oe -<~ DO Iõ œ g co ~ .. I I ..... .!!. z ~ 0 ?"/~ . ._..__._~-,-_..__.~.-..._.__._-,_._. . -- - ..~.- -_..__._~._-_.- FEB-1~-94 TUE 14:'56 S TAN D A R D PLUMBING P.0:2 ~ » , j j I · STANDARD PLUMBING 8 INDtS1RIAL PRICE QUOTATION DAlE: 15 FEB 1994 i , IHDjj: 16774 ¡ · SOLD CITV OF CHULAVISTA ~HIP CITV OFCHULAVISTA TO: ATTN: FINANCE DEPARTMENT ¡ TO: ATTN: fINANCE DEPARTMENT P.O. BOX 1087 P.O. BOX 1087 CHULA VISTA, CA. n011 I CHULA VISTA, CA. 92011 i , · i QUOTE GOOD UNTIL j NOTE: , 06/30/94 ¡ I I PRODUCT........ DESCRIPTION..,...,......\ QUAN NET-PRICE PER AMOUNT ! , K-4330-00 KOHLER K-4330-00 BOWL ; 41 85.100 3489.10 , K-4368-00 KOHLER K-4368-00 BOWL I 23 97,750 2248.25 K-3407-00 KOHLER K-3407-00 TOILET ¡ 10 153.18Ò 1531.80 0510 DEBEST 510 WAX RING ¡ 41 1.170 47.97 90-230 HERCULES WAX RING 33 0.838 27.65 53301041 SLOAN A41A 1.6GAL CLOSET! 64 11. 778 753.79 M410P24 POLVSEAMSEAL WHITE 6 OZ ~ 15 1.476 22.14 , ! : . ¡ -rO~L..· ~g-, l<-O·~fo ¡ i ! ~ b19.3b , ) , ! ~ ð I ì)O. OL ¡ i · ¡ f · .1 ¡ ¡ ! · i , I ! i ! I ! 7--1/ I I I , , _.__.__._._"',....__._..._..~---------,.._-- COUNCIL AGENDA STATEMENT ITEM: 8" MEETING DATE: 02/22/94 ITEM TiTlE: Resol uti on 1?3'1~ . Approving a contractual agreement for landscape architectural services for the Greg Rogers Park - Phase I Construction Project SUBMITTED BY: Director of Parks and Recreatio~rY REVIEWED BY: City Manager ~ ~ ~ (4/5ths vote: Yes _ No ..x.> The Greg Rogers Master Plan was approved by Council on April 16, 1991. A professional landscape architectural firm is recommended to prepare design, construction documents and perform other related services for the project. The Parks and Recreation Department is requesting Council's approval of an agreement between the City and Nowell-Thompson ASLA and Associates, Inc. for landscape architectural (design) services for the Greg Rogers - Phase I - construction scheduled to begin in FY 94-95. There are sufficient funds in the design ClP for Greg Rogers Park (approved for FY 92193), to complete the necessary professional services for the improvements approved in the Greg Rogers Master Plan. This report outlines the second Request for Proposal (RFP) process held for consultant selection. A second selection process occurred because the first RFP process was determined to have errors, and Council directed the Department to start the process over again and include a Parks and Recreation Commissioner on the review panel. RECOMMENDATION: That Council: 1. Adopt the resolution approving the contractual agreement with Nowell-Thompson ASLA and Associates, Inc., for landscape architectural services for the Greg Rogers Park - Phase I (Design) Construction Project; and 2. Authorize the Mayor to sign the contractual agreement. BOARDS & COMMISSIONS RECOMMENDATION: Not Applicable. DISCUSSION: In 1990, the Rancho del Sur Partnership employed a landscape architectural firm to provide a master plan for Greg Rogers Park. The master plan was a condition in the development's Public Facilities Financing Plan, approved by Council on February 20,1990. The Master Plan study received extensive input from three community meetings and the school faculty at Greg Rogers School. A conceptual master plan was approved by the Parks and Recreation Commission in February 1991, and by Council on April 16, 1991. Per Council's request, a phasing scheme was proposed, with funds appropriated for Phase I Improvement Design in FY 92/93. The Greg Rogers Master Plan addressed the park needs to improve the ballfields, parking, picnic facilities, restrooms, relocation of maintenance buildings, enhancement of play lots, and other needed park amenities. Gregrogl.a13 [February 16,1994] ~~I --------- - -- ._._....~.--- ".__..__.__"_______n_____. -2- ITEM: Y MEETING DATE: 02122/94 At the Council meeting of March 2, 1993, the Department requested approval to enter into an agreement with a landscape architectural firm to provide design, construction developments, and related services for the Phase I Design (Attachment A). At that meeting, Council expressed concern about the consultant selection process. Subsequently, the Department was directed to return with a report addressing Council's concerns. The Department prepared a comprehensive report for Council consideration at the July 20, 1993, Council meeting (Attachment B). The report detailed the process used to select the firm, the criteria used for evaluation, and the composition of the selection committee. An investigation was conducted by the Director of Parks and Recreation and the Deputy City Manager. The investigation revealed errors in the recordkeeping of the initial screening process by the selection committee; which did not maintain records on ratings of all seventeen proposals. In addition, two of the raters had not reviewed the RFP's prior to the meeting to select the consultant candidates. The Department's report to Council concluded that the selection process had errors, and recommended beginning the selection process again by re-evaluating the 17 RFP's, expanding the scope of work to include the parking lot in Phase I construction, and to establish a new selection committee. New RFP Process The Department began a new RFP process in August 1993, and followed Municipal Code 2.56, Ordinance 2517, and Council Policy 102-05 to select a landscape architectural firm for the Greg Rogers - Phase I - Design. An addendum to the original RFP was sent to the original 17 firms who had responded previously, requesting they provide any supplementary information and material to address the expanded scope of work (Attachment C). The expanded scope of work called for designing a parking lot. Selection Committee During the interim period before receiving the revised RFP's, the City Manager appointed a new selection committee as required by the Purchasing Ordinance. The five members were: the Director of Parks and Recreation; the Deputy Director/Parks; a member of the Parks and Recreation Commission; the Landscape Architect from the City of Carlsbad; and the Landscape Architect from the City of San Diego. The Selection Committee members were provided with individual copies of each one of the 16 responses (one firm, ONA, requested to withdraw their proposal). The Committee then met as a group to discuss and evaluate the proposals (Attachment D). The criteria used for the rating system encompassed the following topics: GregrogLa13 [February 16, 1994] i''';;'' __ _.,_,___" ..___...._.__.._._....._.. '_'___"_U'~'._.m._ -3- ITEM: r MEETING DATE: 02/22/94 1. Related project experience 2. Firm's ability and capacity to perform the work 3. Issues of special concern 4. Technical approach to project 5. Management approach for technical requirements 6. Use of consultants that may work on the project 7. Time schedule planned for this project 8. Firm's experience and methods used for budgeting and financial controls; and determining fee and compensation After reviewing the proposals, each Committee member rated the proposal, and assigned a numerical score. Based on an cumulative maximum score of 1900, the scores ranged from a high of 1647 to a low of 1241 (Attachment E). The top ranked five firms were: Nowell-Thompson 1647 Van Dyke and Associates 1615 DeLorenzo Associates 1542 Estrada Land Planning 1528 Dike Partnership 1494 The top five firms were notified that they had made the finalist list, and were invited to make an oral presentation to the Selection Committee on November 5, 1993. A new evaluation sheet was used to determine: 1. related project experience 2. ability to perform work 3. understanding of the project scope 4. management techniques to be used 5. sub-consultants that will be employed 6. time schedule 7. financial controlling methods (fees) At the conclusion of the interviews, the Selection Committee ranked the firms in the following order: POINTS FEES PROPOSED 1. Nowell-Thompson 1441 $39,360 2. DeLorenzo Associates 1435 $46,700 3. Van Dyke and Associates 1312 $55,200 4. Dike Partnership 1291 $77,720 5. Estrada Land Planning 1197 $79,900 It was the consensus of the Selection Committee to recommend that the City enter into negotiations with Nowell-Thompson ASLA and Associates, Inc. As specified in the City's Purchasing System Gregrogl.a13 [February 16, 1994] 8'<J . ---...-- - _._--_.~--...----_.._..._._._------_.- ..._~-- .-----,---.---..--.-. -4- ITEM: ~ MEETING DATE: 02/22/94 Ordinance, a memorandum was sent to the City Manager for approval to begin negotiations with the number one firm. The Proposed Ae.reement The proposed agreement with Nowell-Thompson AS LA, Inc. uses the City's standard two-party agreement (Attachment F). Under this agreement, Nowell-Thompson agrees to perform the following scope of work: Task 1 DESIGN DEVELOPMENT PHASE 0 Review project scope and budget with City staff 0 Analyze physical conditions, existing survey date, aerial topography, opportunities and constraints, functional relationships and drainage patterns 0 Prepare aerial topographic survey with field verification and tie-in to existing datum. 0 Perform geotechnical investigation and prepare report of findings 0 Prepare two preliminary design development plan, showing configuration of site improvements, preliminary grading study (including cutHill balance calculations, utility service plan, and site electrical design and load calculations). 0 Review the plan with the Parks and Recreation Department and representative(s) from the Little League Group Task 2 CONSTRUCTION DOCUMENT PHASE 0 Prepare construction document package on City mylars to include: Title Sheet Demolition Plans Site Grading Plans Ballfield Staking/Construction Plans Construction Details Lighting/electrical Service Plans Single-line Diagrams, Panel and Fixture Schedules Irrigation Plans Planting Plans Irrigation and Planting Details Construction and Planting Specifications 0 Prepare itemized final cost estimates based on construction documents. 0 Prepare bid documents, including bid alternates The negotiated fee of $41,735 is slightly higher than the quoted price in the firm's RFP response due to the Department's request to prepare two design development alternatives; one utilizing the site in its existing graded condition, and the other re-grading the site for best utilization. This increased the original fee by $2,975. Gregrogl.a13 {February 16, 1994] ¡r~r' !' ---..- -5- ITEM: r MEETING DATE: 02/22/94 The intent of this request to approve a contractual agreement for landscape architectural services for Phase I of Greg Rogers Park is to perform the work associated with design and the production of construction documents in advance of commencing with construction. The construction component of the project will be brought forth for funding consideration to the Council in June, during deliberation of the FY 94/95 Capital Improvement Program budget. Staff is aware that the Department's capital improvement program will be facing financial constraints due to limited funds and competing priorities. However, by completing the design and construction documents, should funding be available for construction, the project will move forward in a timely manner in FY 94/95. With funding constraints in mind for this project, the Department is requesting the consultant to provide alternatives based on (a) minimal improvements to make the sports fields safe and playable utilizing the existing grading and phasing of work plan according to funds available; and (b) full build-out of fields as per the approved Master Plan. FISCAL IMPACT: The negotiated fee is $41,735. Funds are available in PR-169 (Greg Rogers - Phase I) to cover this cost. Attachments: A Council Report of March 2, 1993 NOT SCANNED B Council Report of July 20, 1993 ~TSCANNED C RFP Letter U(H' :'X::l\N!~ i:... D Technical Proposal Scoresh.eets -~~r SÇANN~u E Candidate Scoresheets NOT ~ ".~""',IJ F Proposed Agreement with Nowell-Thompson (and Exhibit A) GregrogLa13 [February 1&, 1994] 8"5 "- ,.-...--------- ---_...._~ .._.,-_._.~ RESOLUTION NO. 17 :11J... RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH NOWELL-THOMPSON ASLA & ASSOCIATES, INC. FOR LANDSCAPE ARCHITECTURAL SERVICES FOR GREG ROGER PARK - PHASE I CONSTRUCTION PROJECT, AND AUTHORIZING MAYOR TO EXECUTE SAME WHEREAS, the Greg Rogers Master Plan was approved by Council on April 16, 1991 and a professional landscape architectural firm is required to prepare design, construction documents and perform other related services for the project; and WHEREAS, after an extensive RFP process, the Selection Committee's consensus was to recommend that the City enter into negotiations with Nowell-Thompson ASLA and Associates, Inc.; and WHEREAS, staff negotiated a fee of $41,735 which is slightly higher than the quoted price of $38,760 in the firm's RFP response due to staff's request to evaluate two design development alternatives; one utilizing the site in its existing graded condition, and the other re-grading the site for best utilization. NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Chula vista does hereby approve an agreement with Nowell-Thompson ASLA & Associates, Inc. for landscape architectural services for the Greg Rogers Park - Phase 1 Construction Project, a copy of which is on file in the office of the City Clerk as Document No. (to be completed in the final document by the Clerk) . BE IT FURTHER RESOLVED that the Mayor of t e Chula vista is hereby authorized and directed to e ec Agreement for and on behalf of the city ula vist pre.ented by as to;!:r " Jess Valenzuela, Director of Boogaard, C Parks and Recreation C:\rs\nowell ! ~'¡, / ~-J0 / "- ----_._~~._-- --- .._.._._-------"..._..._-~- ._~.---._-~. Attachment A-I COUNCIL AGENDA STATEMENT . Item Meeting Date 312193 I1EM TITLE: Resolution Appropriating additional funds from the unappropriated Park and Acquisition Development Funds (PAD) for the design construction documents and related services for Greg Rogers Phase I Improvement Project, and Approving an agreement between the City of Chula Vista and Van Dyke and Associates for design development, construction development and related services for Greg Rogers Park. SUBMITIED BY: Director of Parks and Recreati~ REVIEWED BY: City Manager (4/5ths Vote: Yes~ No_> The Greg Rogers Master Plan was approved by Council on April 16, 1991. A landscape consultant is required to prepare design, construction documents and other related services for the project. There are insufficient funds in the appropriated CIP to complete the necessary 'services for the Phase I improvement of the Greg Rogers Master Plan. RECOMMENDATION: That the Council approve the Resolution which: 1. Appropriates $28,000 from the unappropriated PAD funds to complete the necessary design construction, document development, and related services for the Phase I improvements; and 2. Authorizes the Mayor to execute the agreement with Van Dyke and Associates for consultant services for Greg Rogers Park Phase I. BOARDSICOMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: In 1990, the Rancho del Sur Partnership commissioned a landscape architectural firm to Master Plan Greg Rogers Park. The Master Plan was a condition in the Public Facilities Financing Plan, approved by Council on February 20, 1990. The Master Plan Study received extensive input from three community meetings and the school faculty at Greg Rogers School. The conceptual plan was approved by the Parks and Recreation Commission in February, 1991, and by Council on April 16, 1991. As per Council's request, a proposed phasing scheme for the implementation of the plan was developed. A five-year capital improvement phasing schedule was proposed, with the initial phasing to begin in FY 92193 for the Phase I Improvement Design. IF'_"·93J ~. 7 ------" --_._~-~--..__._._---,._-,.. Attachment A-2 The Greg Rogers Master Plan addressed the park needs to improve the ballfields, parking, picnic facilities, restroom, relocation of maintenance building, enhancement of play lots, and other park amenities. The estimated cost of the total improvements was $3.4 million, with the improvements incrementally phased over a five-year period. For FY 1992-93, $46,000 was appropriated for Phase I, which includes design, construction documents and related services. Phase ß funding for the improvements is proposed for the 1993-94 Capital Improv¡:ment Program. These improvements would include: relocation of power lines; grading of ballfield areas; utility slab-out for future snack bar/restroom and storage facility; construction of four baseball fields and accessories; slope planting, turf, and irrigation; and the construction of a ballfield parking 10L At an estimated construction cost of $700,000, funding for the construction phase will be considered with other Department's CIP projects for FY 93194. The Department made a thorough analysis to determine the need for an outside consultant to prepare the necessary construction documents for this project. The Department evaluated this need based on the following criteria: 1. Does existing staff have the required expertise or equipment? The City has the staff expertise and equipment to prepare a portion of the necessary plans; however, the workload of the Department's Landscape Architect and Engineering Department's Engineers would need to be re-prioritized, and current projects in process by staff would be deferred indefinitely. The Department's special projectgs and current CIP work list includes: Otay Valley Regional Park project, Rohr Park Improvements (Phase ß), Memorial Park Improvements (Phase ß), Hilltop Park Improvements, McCandliss Memorial GrovelPark (Phase ß), and Playground Renovations at various sites. In addition, the Landscape Architect provides extensive work and plan checking services for the development projects, providing revenue, at full cost recovery, to the City's General Fund. These projects are Salt Creek I, Salt Creek Ranch, the Bayfront Plan, EI Rancho del Rey, and Otay Ranch, etc. The work necessary for the current project would require additional staffing if the Greg Rogers Park project design is performed in-house. 2. Can the work project's short time frame be met by City Staff? For a project as complex as the Greg Rogers Park Plan, considerable organization of the various disciplines (i.e., electrical, civil engineering, architectural, and landscape) need close coordination, which would be difficult for existing City staff to accomplish under the current work load schedule. There is a short window of time available to get the project design and construction complete, in order to minimize the impact to the users of the park, primarily the Park View Little League. 3. Is it more cost effective to have the work completed by an outside provider? The design work will take approximately twenty (20) weeks to complete by the consultant. They projected 390 hours for landscape architectural design. This would necessitate an average of twenty (20) hours a week for the Department's Landscape Architect to complete the project in the same time frame. This work effort would seriously affect the current schedule of projects in the Department. (F'_"1 y,~ . --.--- ,-,.-_._.--~--...--." _" __~__.__ ._____u_._..___ Attachment A-3 A cost comparison for the Landscape Architect consultant is $80.00 per hour. The Department's Landscape Architect's hourly salary (including full cost recovery) is $61.00 per hour. There would be non-General Fund savings if peñonned in-house: however, there would be a negative impact on the revenue stream from outside resources if the work program were re-directed to this project After analyzing the above criteria, it was the Department's conclusion that the Greg Rogers Park Phase I plans should be peñormed by an outside consultant. The Department solicited a Request for Proposal (RFP) on September 16, 1992, for interested landscape architectural firms to provide the landscape architectural services necessary to prepare the construction documents for the Phase I improvements. Notices were sent to over 50 firms in the San Diego and Orange County area. The Department received 17 proposals by the October 16, 1992 deadline_ The selection procedure, as outlined in CVMC Sections 2.5.220 and .230 and Council Policy #102-05, was utilized in reviewing the proposals. A selection committee comprised of representatives from Engineering, Planning, Building and Housing and Parks and Recreation Departments evaluated the seventeen (17) RFP utilizing a "qualification based selection process" to short-list the candidates to five firms. The five finalists were invited to make an oral presentation to the selection committee. A grading criteria based on qualifications, presentation, knowledge of the project and design approach and fee proposals was used to rank the firms. The final ranking of the finalists were: FIRM FEE PROPOSAL 1. Van Dyke and Associates $52,700 2. DeLorenzo & Associates $39,700 3. Estrada Landscape, Inc. $68,071 4. ICI'U + A $53,550 5. T.I. Maloney $58,500 In comparing the top two firms wlùch have provided consulting services for other City park projects, Van Dyke and Associates maintained an excellent and cooperative working relationslùp with staff, and stayed within the agreed contract price and project schedule. DeLorenzo and Associates had a less hannonious relationslùp with staff, was not as cost conscious and exceeded project time schedules. The fee proposal by Van Dyke and Associates is lùgher than the second ranked finn, however, the Cities are authorized to select professional consultant services on the basis of demonstrated competence and professional qualifications and not necessarily to the "low bidder." Fees are OIÙy one of the considerations in the evaluation process. Van Dyke and Associates demonstrates these qualities in the consultant services provided for the Marina View Park project. The Department was extremely pleased with Van Dyke's cooperation, quality of work and the final product. A total of $69,000 was paid to Van Dyke during 1991-92 for tlùs contract. P~93l g"r9 _.n_.___.____.~_.. _.__ -------..- Attachment A-4 The original fee required for Van Dyke and Associates carne to $52,700. After a preliminary negotiating meeting to define the scope of services required, it was decided to include, in Phase I, design and construction document services required for improvements to the parking lot for the ballfield&. This additional design and construction service document increased consultant fee by $8,800 for a total of $61,500. A parking lot was not considered when the cost for the first phase construction documents were calculated. However, after further review by staff, it has become quite evident that the parking lot should be included in this phase of construction documents. Staff is thereby recommending expanding the original scope of service, which includes a parking lot, because of the following reasons: 1. The Federal mandate to comply with the Americans with Disabilities Act requires that public parking facilities be accessible to the physically challenged. This new law was not in effect when the CIP was developed. 2. The existing dirt parking lot has historically been a nuisance due to excessive dust during dry months and mud during inclement weather. Severe erosion problems (ruts and holes) have adversely affected this dirt lot. 3_ A new lot will efficiently delineate specific areas where cars must park versus the random and inefficient use of space which presently exists. The revised fee of $61,500 does not include funds for reimbursables and any necessary reports to complete the project. The consultant has requested: 1. $2,500 for reimbursable expenses i.e. reproductions, copying, additional blueprints, etc. 2. $2,000 for a title report to locate all easements, utilities on the project site. The Department believes these are legitimate expenses that were not included in the original scope of services and therefore recommend approval. The total cost for the consultant services will be $66,000. The Department is requesting an additional $28,000 from the unappropriated PAD funds. The Department believes this proposal is appropriate and recommends approval. The total consultant fee is $66,000, and an additional $4,000 is needed for Parks and Recreation staff services. There is $46,000 available in the FY 92193 CIP budget, with $42,000 earmarked for design work, and $4,000 for engineering staff services reimbursement. (f:'\bame'_I:.._'\S39.93] 2'-/(/ ...__...__._._.._-_._--------_.~-------'_.- Attachment A-5 FISCAL IMPAcr: An additional $28,000 from the unappropriated PAD funds will be required for the desired landscape services and staff services reimbursement. I. Funding Required A Consultant Services $66,000 B. Engineering Staff Cost 4,000 C. Park Recreation Staff Cost 4.000 TOTAL $74,000 ß. Funding Available A Consultant Services 42,000 B. Engineering Staff Cost 4.000 TOTAL $46,000 m. Additional Funds Required $28,000 Attachments: Schematic Map Agreement IF-.............."] ~'/I ~ . -.".----..- ---~_._-_._-----_._-----_._---~-_. Attachment B-1 COUNCIL AGENDA STATEMENT kemJ% Date 7/20/93 ITEM TITLE: Report: Consultant Selection Process for Greg Rogers Park Improvement Plan SUBMITTED BY: Director of Parks and Re~oQ REVIEWED BY: City Manager t..1. f:t ~ --& (4/Sths Vote Required Yes_Noll At the March 2, 1993 Council meeting, the Department was directed to return with a report which would address Council's concern on the RFP process used to select a design consukant for the Greg Rogers Park Improvement Project. RECOMMENDATION: That Council accept the report. BOARDS AND COMMISSION RECOMMENDATIONS: N/A DISCUSSION: At the March 2, 1993 City Council Meeting, the Department recommended that the City enter into an agreement with Van Dyke and Associates for the preparation of construction documents for Greg Rogers Community Park at a cost not to exceed $66,000 (See Attachment A). At that meeting, Council was concerned about the following aspects of the selection process: 1) firms who responded to the RFP and what their bids were, 2) the crneria that was used in narrowing the list down to five firms presented in the staff report, 3) members of the selection committee and any relevant information regarding deliberations of the committee, and 4) information on the process used for determining the recommendation, Including a description of the weight given to various factors used in the evaluation. Subsequently, the Department was directed to return to Council with a report addressing these four concerns. The Department has taken the following actions in an effort to respond to Council's concerns: 1) The Director of Parks and Recreation and the Deputy City Manager interviewed the members of the selection committee, 2) inniated an analysis and ranking of RFP's by an independent reviewer from the City of Escondida (Attachment 'B'), and 3) evaluated the overall selection process. The Process The selection of the design consultant for the park Improvements was initiated by preparing and distributing a request for proposal (Attachment 'C'). The RFP was sent to approximately (50) design firms on the consultant list. Additional RFP's were distributed to firms that made inquiries about the project. A deadline date for RFP's submittal was established for October 16, 1992. A total of 17 firms responded to the RFP. A selection Committee was formed which was composed of City staff, Landscape AtcMect from Parks and Recreation Department, Sr. Civil Engineer from the Engineering Division of Public Works, a Landscape ArcMect from the Planning Department, and Sr. Housing Inspector from Building and Housing. A letter was sent to the 17 candidates notifying them of the time and date the selection committee would be convening to evaluate the proposals. The criteria utilized in reviewing, evaluating and grading the proposals included: 1) Completeness of the proposal in response to the RFP 2) Inclusion' of the appropriate sub-consukants to address the scope of work for phase one 3) Proposed timeline 4) Previous work completed by the firm relative to the scope of phase one 5) Qualifications, skill and experience of the firm 6) Cost p.rr ~"I,:J. _,___u __ _.___n__ __. _'0_ ..____.._...._.. ._, ._..__.....______..,.___.~__~..._ ,',.---'''--- Attachment B-2 " ttem J( Date 7 /20/93 Problems in the Ratina and Rankina Process On December 10, 1992 the raters met to discuss the proposals and generate a shortlist. During the investigation of the scoring process, it was evident that the scores were not retained. In addition, two raters were not completely prepared and did not evaluate the Proposals prior to the meeting to shortlist the proposals. This necessitated two raters to review the proposal scores to be assigned and tabulated during the meeting. It is staff's opinion that the initial rating process to establish a shortlist had some problems. In light of these problems, staff Intends to develop specific internal administrative guidelines which specify how RFP's should be shortlisted. Basically, the guidelines will identify critical steps in the process such as the need to retain records. The Selection Committee met on February 18, 1993 to interview five firms that were identified as shortlist candidate firms. At that session the firms were evaluated and, in this instance, points were tabulated on a scoring sheet (see Attachment 'D', scoring sheet). The following information illustrates the cumulative scores submitted to the Department for consideration. Firm Points Amount 1. Van Dyke 357 1/2 $52,700 2. De Lorenzo 357 1/2 $39,700 3. T.I. Maloney 347 $58,500 4. Estrada 338 $68,071 5. Dike 330 $53,500 Interviews with the Selection Committee The interviews of selection committee members were conducted by a Deputy City Manager and the Director of Parks and Recreation. Basically, the common theme expressed by the Committee members was that the selection process was objective. The system was flawed and the following is recommended to rectify this situation. As an immediate step toward resolving the problems associated with selecting a design firm for Greg Rogers Park, the Department recommends the following: 1) Begin the process over again by re-evaluating the 17 RFP's presently on file. 2) Expand the scope of work to include the design of a parking lot. Staff is recommending a parking lot be included in this phase of the design because of the problems associated with liability and access. 3) Work through the City Manager's office in reappointing another selection committee. The selection committee may include the Director of Parks and Recreation, the Department's Park Planner, someone from the Planning Department, an individual from the Engineering Division, and a landscape architect or planner from another jurisdiction. Staff will modify existing administrative guidelines dealing with Consultant selection and will forward this to the City Council as information. Fiscal Impact: NONE 2 ~ 8'''/3 . _ ._____ m._"_________~.,_,~_·_"_,______··~___·~_ ~~I?- Attachment C-l :~~~ .....~....~ --- --- CITY OF CHUIA VISTA PARKS AND RECREATION DEPARTMENT 8.24.93 To: Interested Design Consultants RE: RE SUBMISSION OF PROPOSAL FOR GREG ROGERS PARK - PHASE ONE Due to a change in the original scope from what was originally Indicated In the RFP. the City of Chula Vista Parks and Recreation Department Is notifying you of the re-openlng of the above referenced project for design consultation services. Attached to this cover letter is a written description of the revised scope of work. and consultants that should be Included In the project team based on the original and revised aspects of work. Specifically. the most significant change from the original scope as outlined In the RFP is: 1. The Inclusion of the parking lot design and Improvements and. 2. The production of base sheets for the entire site as generated from aerial surveying and ground verification. Base sheets are to be produced at I' = 40' scale. If your firm is stili Interested In pursuing this project. then the following analysis and product shall be provided: . A review of the origlnol proposal submitted. Your firm shall determine whether to: A. Provide supplemental Information and material to address the expanded scope of services. or to B. Re submit a revised proposal that addresses the expanded scope of services and what the revised fee is. It is your firm's prerogative as to which method to utilize and resubmit. The Parks and Recreation Department does have the originol proposal on file. Along with the re submission. please send a cover letter Identifying that option your firm chose to select In addressing the expanded scope of the project. The deadline for this re submission Is September 17. 1993. The tlmellne for the selection process is anticipated to be completed by November 30. 1993. If you have any questions. do not hesitate to call. Sincerely. ~-en~ ~ Martin Schmidt ASLA RLA 3010 w/ottachments 8'~/r 276 FOURTH AVE/CHULA VISTA, CALIFORNIA 91910/(619) 691-5071 . ._._,._-_._-_.,..~-~-~.._-~_._-- .----.-.- .---.-..--- Attachment C-2 8.24.93 To: Interested Design Consultants Ftom: Martin Schmidt. Landscape Architect R E: GREG ROGERS PARK - PHASE ONE SCOPE OF WORK In regards to the above referenced project. the following description and attached color reduction of the Greg Rogers Pork Moster Plan Is to clarify what the actual scope of work for Phose One Is. The parameters within which Phose One Is located Is os follows: · The north edge of the project area Is the northem edge of the 100 space parking lot area transitionlng to the proposed troll to the Sunbow troll system. · The east edge is the eastem pork boundary. to where the jog to the east occurs and then south approximately 600'. to where the existing slope drops down to the existing Boys and Girls Club. · The south edge Is the top of the existing slope above the Boys and Girls Club. · The west edge Is Oleander Avenue. The specific scope of work Involves the following: · Aerial survey of the entire Greg Rogers Pork site. from Naples Avenue to Palomar Avenue extension (north to south). and from Oleander Avenue to Foxboro Avenue (west to east). This Is to include the existing conditions and generation of topographic and utility base data. All plans ore to be prepared at l' - 40' for the Engineering Plans. with other consultant plans at the appropriate scale os determined by the Parks and Recreation Department. (Civil Engineer) · Relocation of the existing electrical poles and wires to 0 location that will toke Into consideration 011 planned and proposed Improvements through the phasing of the project. (Electrical Engineer) · Grading Is to Include the ballfields. parking lot and remedial grading to transition Into. and address future phases of the pork master plan. (Civil Engineer and Solis Engineer) · Utility stub outs ore for the Mure ballfield lighting. security lighting and parking lot lighting. In addition to the concession/announcer building: power. water. sewer. (Utility Specialist) · Bollfields to include: backstops w/ batters boards. dugouts. benches. batracks. bases. Infields. partial foul line fences. etc. (City Standards) g¥r /5 Attachment C-3 - Grøg Rogel> Parkk Scope of Woo Clarification 8.24.93 Pooe 2 · Slope planting Is for the temporary slope condition that will be created by the grading for the Mure bleacher structures. (Landscape Architect) · Turf. planting and Irrigation Is for the bal1fields as well as for the park areas within the Phase One limits. (Landscape Architect) · Layout and design of the parking lot. complete with all necessary infonnatlon for Installation of sub-base and paving. curb. gutter. hardscape. lighting. planting and irrigation. (Civil Engineer. Solis Engineer. Electrical Engineer. Landscape Architect) · Any other aspects of work as deemed necessary by the Director of Parks and Recreation that Is required to complete the Phase One scope for this project. Recommended consultants to be retained for the scope of this project should include the following: Landscape Architect (prime consultant) Civil Engineer Solis Engineer Electrical Engineer/Utility Specialist Structural Engineer This clarification should address most concerns regarding the original RFP package. If any additional questions remain. please contact me at (619) 691 .5148. The Parks and Recreation Department is looking forward to reviewing ali submittals regarding this project. t?'/¿' _.._m ~v~ Attachment 0 =- ~:-: ......1IIÞ.....~ ""..........~ .........~..... CllY OF CHULA VISTA PARKS AND RECREA T ION DEPARTMENT TECHNICAL PROPOSAL SCORESHEETS Chula Vista Parks & Recreation Department Greg Rogers Park Technical proposals should address the following Issues CATEGORIES RATING WEIGHT TOTAL 1. Related project experience x 10 = 2. Firm's ability and capacity to perform the work · Key personnel assigned to the project · Responsible officer x 10 = 3. Issues of special concern x 8 = 4. Technical approach to project x 10 = 5. Management approach for technical requirements Example: · Cost controls · Design and construction phase involvement x 10 = 6. Use of consultants that may work on the project · In-house resources · Outside sources x 10 7. Time schedule planned for this project x 8 = 8. Firm's experience and methods used for: · Budgeting and financial controls · Determining fee and compensation x 10 = GRAND TOTAL = INSTRUCTIONS FOR THE REVIEWERS: Du-Ing the review. rate each fItm on a scale from 1 - 5. wI1h 5 being the highest. In each of the eight categories. Enter the number U'ldet ·Rattng'. At the completion of the review. multtply the rating by the predetermined weight for each categcxy. and enter the total. Add all totals to establish the grand total. The person In charge will combine all of the totals for those participating In the review process. The preassigned weights are established with a maximum of 10 points for each category. A maximum of 400 points may be awarded. assunlng all categories were weighted at 10 and the nrm received the maxlmun 5 rating on each category. -' 8'~/7 276 FOURTH AVE'CHULA VISTA, CALIFORNIA 91910/(6191691-5071 -- -,~._-_. -~----- -- - - ------..-- Attachment E '" ..... It) ~ CX) è1. S! f5 CX) It) It) ('oj ~ õ ~ ('oj ~ <') <') CX) -0 '¢ Õ -0 It) '¢ '¢ '¢ '¢ '¢ <') ('oj ('oj I- ~ ~ ~ ~ ~ ~ It) 111111111 (¡¡ ~ -0 ~ ('oj CX) -0 CX) ~ It) ('oj <') '¢ ('oj It) ..... CX) g¡ <') c;!i -0 <') ~ 0 CX) It) ~ .~ ('oj ('oj ('oj ('oj ('oj ('oj ('oj ~ ~ ('oj () .... .!; '¢ (¡¡ ~ ('oj ('oj ('oj ~ 0 ;8 ~ -0 '¢ CX) -0 -0 0 It) It) CX) <') 0- ~ -0 0 ~ <') ~ <') <') ('oj <') ('oj ('oj <') ('oj <') ('oj ('oj () .... .!; <') (¡¡ ~ ('oj '¢ -0 ~ '¢ CX) -0 CX) ~ CX) ~ ~ CX) ~ ('oj ~ ..... <') ~ ~ <') -0 ~ <') <') ('oj <') <') <') ('oj () .... .!; I', ('oj (¡¡ ~ ('oj -0 CX) '¢ ~ CX) -0 ~ 0 -0 CX) :8 CX) g¡ CX) It) ..... -0 It) <') CX) ..... ..... ~ ('oj ('oj ('oj ('oj ('oj ('oj ('oj ('oj ('oj ('oj ('oj () .... .!; ~ (¡¡ ~ It) ('oj ~ ('oj 0 ('oj 0 ('oj ('oj 0 ~ ~ ß ..... ..... ~ ~ -0 ~ ~ It) ~ ~ .~ <') <') <') <') <') <') <') ('oj () .... .!; ~ (ß Ig g c ë3 Õ ï= 2 .c "",I"" ª "g c 0 ~ ë= ~ 0 .Q l:[ .ª :B E ~ .c ~ ~ ~ 0 '0 ~ '" ~ g 0 () I .... c¡s c () () ~ 0 .c c ~ 2 0 c 0 U 0 () -' t c 2 c¡s '" , ~ c '6 0 ~ ~ :t: !I! 0 0 õ ~ <I: Ó 'ë :J ã> 0 '0 D- E c :ë () ~ 3 ~ E + ~ c 0 () - c ~ .c () ~ 0 g () 1;; "'" ~ ëD ~ ¡ß 0 0 0 z 0 w Õ ,..; :I: 0 û; ~../tr . ."--,,_.._--~--~-'-"---"'-----'------ -- -~._.,---_..- --'--- Attachment F-l " l ¿f- ~, , / 1,\1/L·1/(.,\cK- ~, I'c.)--¿ '\L~ 6-j'L' ( d R.rn.l "" t ~ .-hI Agre ent between ¡ , J\-' . r . City of Chula Vista ~,- ( J . . and - ~ NOWELL-THOMPSON ASLA & ASSOCIATES, INC. , for Landscape Architectural Services ~ 'This agreement, dated February 15, 1994 for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business fonn is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business fonn is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals Whereas, the City desires to have consultant services for the consttuction of new facilities at Greg Rogers Park; and, Whereas, Nowell-Thompson ASLA and Associates, Inc. was selected by a Selection Committee to be the best qualified; and, Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the tenns and conditions of this Agreement; Gregrogl.ogtlJonuary 20, 1994] Page 1 ír'I'1 - -~--_._. "'-'~---'-'--'------'--'-"-'-------"------ Attachment F-2 Obligatory Provisions Pages NOW, TIiEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perfonn all of the services descn'bed on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perfonn all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exlu'bit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of tlùs agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to tenninate tlùs Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Sexv.ices to be perfonned by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perfonn additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perfonn same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perfonn in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. Gregrogle8gt[January 20, 1994] Page 2 y, ø2.tJ "- - ---.-.--. .-..--------. --.,,--.-.-,- "--'~----'----"---'-- Attachment F-3 F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the fonowing insurance coverages, in the fonowing categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City and Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise cany ("Primary Coverage"), and which treats the employees of the City and Applicant in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, UIÙess Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (1) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Security for Perfonnance. (1) Perfonnance Bond. In the event that Exlu'bit A, at Paragraph 19, indicates the need for Consultant to provide a Perfonnance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Perfonnance Bond"), then Consultant shall provide to the City a perfonnance bond by a surety and in a fonn and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the tenn, "Perfonnance Bond", in said Paragraph 19, Exhibit A. Gregrogl.agttJanuary 20, 1994] Page 3 lr"~/ _.._-----,,,,------.---'.'. ---"'---"--'--'-"'- ..--.....--.--- ..----,."---.---- Attachment F-4 (2) Letter of Credit. In the event that Exlu"bit 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 in breach of the tenns of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security In the event that Exlu"bit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. , Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined SeIVices and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exlu"bit A, Paragraph 18, but in no event more frequently than montlùy, on the day of the period indicated in Exlu"bit A, Paragraph 18, City shall compensate Consultant for all seIVices rendered by Consultant according to the tenns and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. Gregrogl.8gt[J8nuary 20, 1994] Page 4 f1".2~ ---- -- -------- --.-.-.-.-.. . --.--..--.....---..--,.,...-.... Attachment F-5 All billings subßÙtted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exlúbit A, Paragraph 18 (C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in per- formance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"). Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the pmposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report econoßÙc interests to the City Clerk on the required Statement of EconoßÙc Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. GregrogI.egt[January 20, 1994] Page 5 ~".2.J ........____. __n__+.._._._....___ -~._-,.._._.- - . '. --'-- Attachment F-6 B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Detennine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the tenn is used in the regulations promulgated by the Fair Political Practices Commission, and has detennined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement.. D. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the tenn of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's perfonnance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Tenn of this Agreement, or for 12 months thereafter. Gregrogl.agtlJanuary 20, 19941 Page 6 íf".1. ~ ""'"--~---'----'--~---'----'-'--"-----------~---"---'--~ Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the negligent acts, errors or omissions of the Consultant, or any agent or employee, subconsultants, or others in connection with the execution of the work covered by this Agreements, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Consultant's indemnification shall include any and all cost, expenses, attorneys' fees and liability incurred by the City, its officers, agents or employees in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents or employees. Consultants' indemnification of City shall not be limited by any prior or subsequent declaration by the Consultant. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such ternU,nation and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City GregrogI.agt[February 11, 1994] Page 7 8',:;.S" ... -... --_.._..._.."-"_._.__._----~----".. -- .,,-----..-. ._--~--"._,-- Attachment F-8 City may tenninate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such tennination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such tennination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not ttansfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants". 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, infonnation, data, statistics, fonns, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in patt under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, fonns or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perlonn as an independent contractor with sole conttol of the manner and means of perlorming the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent conttactor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City hannless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbittation shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the Gregrogl.agtlJanuery 20, 1994] Page 8 8'''' ..2¿' __~.._____... - __.'.____'. - _______ ._____" .. _._____._n .___ Attachment F-9 City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including costs and attorney's fees. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement GregrogI.agtlJanuary 20, 1994] Page 9 8".2 7 ~_. ... _________n____.....__"___..___".______ ,,_._------_.._-~--_.. -------...- Attachment F-IO This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither tlús Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into tlús Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into tlús Agreement. F. Governing LawlVenue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to tlús Agreement shall be brought amy in the federal or state courts located in San Diego County, State of Califonùa, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for tlús Agreement, and perfonnance hereunder, shall be the City of Chula Vista. GregrogJ..gtIJanuary 20, 1994] Page 10 8" .;.g/ -_.~.._.-.-. ---- ,- --'..,---_.'._-.-. ._.._.._".,-~.- - - ".----_.'._-.---_.. "'--'--'" Attachment F-ll Signature Page to Agreement between City of Chula Vista and [Name of Consultant] for IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: ,19_ City of Chula Vista by: Tim Nader, Mayor Attest: Beverly Authelet, City Clerk . ~~J~='ç (J Bruce M. Boogaaid, City Atttmey Oated: Exhibit List to Agreement (XX) Exhibit A. ( ) Exhibit B: Gregrogl.agtlJanuery 20, 1994] Page 11 g'''.2 ? --~..~ - - >---------- - _.._-~._-"-- _._._"~ Attachment F-12 Exhibit A to Agreement between City of Chula Vista and NOWELL-THOMPSON ASLA AND ASSOCIATES, INC. 1. Effective Date of Agreement: February 15,1994 2. City-Related Entity: (x) City of Chula Vista, a municipal chartered corporation of the State of California () Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California () Industrial Development Authority of the City of Chula Vista, a () Other: , a [insert business form] ("City") 3. Place of Business for City: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 4. Consultant: Nowell-Thompson ASLA and Associates, Inc. 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (xx) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 9444 Balboa Avenue, Suite 100 San Diego, California 92123 Voice Phone (619) 571-7855 Fax Phone (619) 571-7934 7. General Duties: Prepare design development and construction documents for Greg Rogers Park Phase I capital improvement project. GregrogJ.exa[February 2, 1994] Page 1 ~, :J ~ _.___,.._.""m_m_._.·_~___·____·_ _ ,___..__,_____..._..'____ Attachment F-13 8. Scope of Work and Schedule: A. Detailed Scope of Work: Task 1 DESIGN DEVELOPMENT PHASE 0 Review project scope and budget with City staff 0 Analyze physical conditions, existing survey date, aerial topography, opportunities and constraints, functional relationships and drainage patterns 0 Prepare aerial topographic survey with field verification and tie-in to existing datum. 0 Perfonn geotechnical investigation and prepare report of findings 0 Prepare two preliminary design development plan, showing configuration of site improvements, preliminary grading study (including cut/fill balance calculations), utility seIVÍce plan, and site electrical design and load calculations. 0 Review the plan with the Parks and Recreation Department and representative(s) from the little League Group Task 2 CONSTRUCTION DOCUMENT PHASE 0 Prepare construction document package on City mylars to include: Title Sheet Demolition Plans Site Grading Plans Ballfield Staking/Construction Plans Construction Details lighting/Electrical SeIVÍce Plans Single-line Diagrams, Panel and Fixture Schedules lITigation Plans Planting Plans lITigation and Planting Details Construction and Planting Specifications 0 Prepare itemized final cost estimates based on construction documents. 0 Prepare bid documents, including bid alternates B. Date for Commencement of Consultant SeIVÍces: (x) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: Deliverable No.1: Design Development, 40 days Deliverable No.2: Construction Document GregrogI.exa [February 2, 1994] Page 2 8" J I ^ ...._._------_._-~_......--,---,_.._---_._-_. Deliverable No.3: Final Bid Package 20 days D. Date for completion of all Consultant services: July 1, 1994_ 9. Insurance Requirements: () Statutory Worker's Compensation Insurance () Employer's liability Insurance coverage: $1,000,000. () Commercial General liability Insurance: $1,000,000. () Errors and Omissions insurance: None Required (included in Commercial General liability coverage). () Errors and Omissions Insurance: $250,000 (not included in Commercial General liability coverage). 10. Materials Required to be Supplied by City to Consultant: N/A 11. Compensation: A. () Single Fixed Fee Arrangement. For perfonnance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: , payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee B. (xx) Phased Fixed Fee Arrangement. For the perfonnance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth . Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase 1. Design Development. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $18,725 2. Construction Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $21,210 3. Reimbursables .................................................... $ 1,800 C. () Hourly Rate Arrangement GregrogI.exa[February 4,1994] Page 3 8'. J;J.. __ ______m. _....._,._._----_..._--_..~-~.. ---~._..- Attachment F-15 For perfonnance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the perfonnance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following tenns and conditions: (1) () Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perfonn all of the Defined Services herein required of Consultant for $ including all Materials, and other "reimbursables" ("Maximum Compensation") . (2) ( ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. GregrogI.exa[February 2, 1994] Page 4 'ir" :J :J ~ u._._."^'___ .....--..... ---....-.-.- Attachment F-16 Rate Schedule Category of Employee Hourly of Consultant Name Rate ( ) Hourly rates may increase by 6% for services rendered after [month], 19 , if delay in providing services is caused by City. 12. Materials Reimbursement Ammgement For the cost of out of pocket expenses incurred by Consultant in the perfoInlance of services herein required, City shall pay Consultant at the rates or amounts set forth below: (x) None, the compensation includes all costs. Cost or Rate () Reports, not to exceed $ : () Copies, not to exceed $ : () Travel, not to exceed $ : () Printing, not to exceed $ : () Postage, not to exceed $ : () Delivery, not to exceed $ : () Long Distance Telephone Charges, not to exceed $ () Other Actual Identifiable Direct Costs: , not to exceed $ : , not to exceed $ : GregrogJ.exa[February 2, ]994J Page 5 8" JJ/ ._-.._._'..~--_..- ..._.--~..'---- -"-.'..- Attachment F-17 13. Contract Administrators: City: Martin Schmidt, Landscape Architect Parks and Recreation Administration Office 276 Fourth Avenue Chula Vista, CA 91910, (619) 691-5148 Consultant: Nowell-Thompson ASLA and Associates, Inc. 9444 Balboa Avenue Suite 100 San Diego, CA 92123 (619) 571-7855 14. Liquidated Damages Rate: ( ) $ -0- per day. ( ) Other: 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (x) Not Applicable. Not an FPPC Filer. ( ) FPPC Filer ( ) Category No.!. Investments and sources of income. ( ) Categoty No.2. Interests in real property. ( ) Category No.3. Investments, interest in real property and sources of income subject to the regulatory, pennit or licensing authority of the department. ( ) Category No.4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. ( ) Category No.5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. ( ) Category No.6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ( ) Category No.7. Business positions. ( ) List ·Consultant Associates" interests in real property within 2 radial miles of Project Gregrog!.ex. [February 2, ] 994) Page 6 8'''.)'> . ,--... ---'---.---.--,..-,- .'.- . .-..----."- .... -'----'- Attachment F-18 Property, if any: NONE 16. ( ) Consultant is Real Estate Broker and/or Salesman 17. Pennitted Subconsultants: Kruse & Associates (Electtical Engineer) Craig, Bulthuis and Stelrnar, Inc. (Civil Engineer) Kleinfolder & Associates (geotechnical & soil engineer) 18. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: (xx) Monthly ( ) Quanerly ( ) Other: B. Day of the Period for submission of Consultant's Billing: (xx) First of the Month ( ) 15th Day of each Month ( ) End of the Month ( ) Other: C. City's Account Number: _600-6004-PR164 19. Security for Perfonnance ( ) Perfonnance Bond, $ ( ) Letter of Credit, $ ( ) Other Security: Type: Amount: $ ( ) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City detennines that the Retention Release Event, listed below, has occurred: ( ) Retention Percentage: _% ( ) Retention Amount: $ Retention Release Event: ( ) Completion of All Consultant Services ( ) Other: GregrogI.exa [February 2, 1994] Page 7 8'" .3 ¿, ----~-_._.~~~-------_."_..__.-. ~1:;e.",,~ ~ ~'~I\-c. d QoW\\~~ ~~~ ~,-lï~ Parties and Recital Page Agreement between City of Chula Vista and NOWELL-THOMPSON ASIA & ASSOCIATES, INC. for Landscape Architectural Services T1ús agreement, dated February 15, 1994 for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business fonn is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business fonn is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals Whereas, the City desires to have consultant services for the construction of new facilities at Greg Rogers Park; and, Whereas, Nowell-Thompson ASIA and Associates, Inc. was selected by a Selection Committee to be the best qualified; and, Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the, terms and conditions of this Agreement; Gregrogl.8gttFebru8ry 21, 1994] Page 1 2f ~ 3-=t- . ----~--_._--_._-_.--_._..._-_._------_.__....._.". --.-.. -.---.-...- Obligatory Provisions Pages NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perfonn all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perfonn all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of tlús agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate tlús Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be perfonned by the Consultant under tlús Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D_ Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perfonn additional consulting services related to the Defined Services C" Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perfonn same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 CC), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid montlùy as billed. E. Standard of Care Consultant, in performing any Services under tlús agreement, whether Defined Services or Additional Services, shall perfonn in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in sinúJar locations. GregrogI~8gt[February 21, 1994] Page 2 e--3~ F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exlu'bit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City and Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City and Applicant in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, urùess Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (1) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. . Security for Perfonnance. (1) Perfonnance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Perfonnance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Perfonnance Bond"), then Consultant shall provide to the City a perfonnance bond by a surety and in a fonn and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the tenn, "Perfonnance Bond", in said Paragraph 19, Exhibit A. GregrogI.ogttFebruary 21, 1994] Page 3 ~~39 . ._ . ___ __,_ _ _ ___._.'__ _"'_'" "_m._~_~ ..._..._ (2) Letter of Credit. In the event that Exlùbit 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 in breach of the tenns of this Agreement. The letter of credit shall be issued by a bank, and be in a fonn and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the tenn, "Letter of Credit", in said Paragraph 19, Exlùbit A. (3) Other Security In the event that Exlùbit A, at Paragraph W, indicates the need for Consultant to provide security other than a Perfonnance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a fonn and amount satisfactory to the Risk Manager or City Attorney. I. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall pennit access to its office facilities, files and records by Consultant throughout the tenn of the agreement. In addition thereto, City agrees to provide the irúonnation, data, items and materials set forth on Exlùbit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the . Consultant's perfonnance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exlùbit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exlùbit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consultant according to the tenns and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exlùbit A, and shall compensate Consultant for out of pocket . expenses as provided in Exhibit A, Paragraph 12. GregrogI.agtlFebruary 21, 1994] Page 4 8'-L/O All billings subßÚtted by Consultant shall contain sufficient infonnation as to the propriety of the billing to pennit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 CC) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Tenn. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in per- fonnance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 C"Liquidated Damages Rate"). Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Refonn Act conflict of interest and disclosure provisions, and shall report econoßÚc interests to the City Clerk on the required Statement of EconoßÚc Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. GregrogI.agttFebruary 21, 1994] Page 5 '6.- 1-/-1 .'.-..-- --"-.-..---- .._ ··_·____.._,_"__.a_____..,_._._.__._ .__.___,__" B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Detennine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the tenn is used in the regulations promulgated by the Fair Political Practices Commission, and has detennined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. · D. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the tenn of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further · warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of · any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's perfonnance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Tenn of this Agreement, or for 12 months thereafter. · Gregrogt.agt[February 21, 1994] Page 6 8-~Z. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without linútation attorneys' fees) arising out of the negligent acts, errors or ouússions of the Consultant, or any agent or employee, subconsultants, or others in connection with the execution of the work covered by this Agreements, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Consultant's indemnification shall include any and all cost, expenses, attorneys' fees and liability incurred by the City, its officers, agents or employees in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents or employees. Consultants' indemnification of City shall not be linúted by any prior or subsequent declaration by the Consultant. 8. Tennination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to tenninate this Agreement by giving written notice to Consultant of such tennination and specifying the effective date thereof at least five (5) days before the effective date of such tennination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Ouússions In the event that the City Administrator detennines that the Consultants' negligence, errors, or ouússions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, ouússions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to linút City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City Gregrogl.8gt[February 21, 1994] Page 7 '6- Lf 3 ..--...--......-.-.-..--..-+ -.- .._.._._~-_._.._---~._------_.._"- City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the , assignment of the portions of the Defined Services identified in Exlu'bit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants". 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, infonnation, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions · of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perfonn as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees · are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the · Gregrogl.agt[February 21, 1994] Page 8 8-J/'i City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by tills reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including costs and attorney's fees. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in perfonning the Defined SeIVices, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Urness specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or pennitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement GregrogJ.øgt[February 21, 1994] Page 9 2-f5 om "____ __.___~_,. ··__·~···______·_____.__m__.____ This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing LawNenue This Agreement shall be governed by and construed in accordance with the laws of the State of California. AIly action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and perfonnance hereunder, shall be the City of Chula Vista. · · GregrogJ.agt[February 21, 1994] Page 10 · S - 1/6 t:t....J;i. ~ '':l''', J.,'i:...::;'~ 1'tl..lV3.t..L.,L:-IMI')lï';:"UI1H.:..L.~':1.~.'H1',-,.I:.L.. NI..I:c:.'¡'j-1;.;I'¡'-:'·':':.l f.+;:~C r-. .l.'.l ..- i , , , 1 Sfanatwt Pap to AJrtem.tnt between City of Chula Vlat. and NoweU·Thompson ASLA & Allodate., !ne. I for Landscape Architectural Service, ¡ i I I , , IN WITNESS WHEREOF, City and Comllltant have executed this Agreement merebi' mdic:atUlS that they have read and undmtood lime, ancl indicate their full and compleu i COMent to ita tem\I: . I CaCti; .19_ City of Chu2a VISta , , by; tim Nader, Mayor , , , AUeat: I , I i J) i . ¡ , Daced: i I I i ..~1bJt LUt to ApHDWIt I (XX) Bxh!bit A I , , ( ) Ixhibk I: , , I i I .....'..,...u,......P'y 22. ,"', page 1;1 8--11 I i , I , / --- .--'- Exhibit A to Agreement between City of Chula Vista and NOWELL-THOMPSON ASLA AND ASSOCIATES, INC. 1. Effective Date of Agreement: February 15, 1994 2. City-Related Entity: (x) City of Chula Vista, a municipal chartered corporation of the State of California () Redevelopment Agency of the City of Chula Vista, a political subdivision of the State , of California () Industrial Development Authority of the City of Chula Vista, a () Other: , a [insert business form] ("City") 3. Place of Business for City: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 · 4. Consultant: Nowell-Thompson ASLA and Associates, Inc. 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (xx) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 9444 Balboa Avenue, Suite 100 · San Diego, California 92123 Voice Phone (619) 571-7855 Fax Phone (619) 571-7934 7. General Duties: Prepare design development and construction documents for Greg Rogers Park Phase I capital improvement project. · Gregrogl.exa[February 22, 1994] Page 1 3-tf8' 8. Scope of Work and Schedule: A Detailed Scope of Work: Task 1 DESIGN DEVELOPMENT PHASE 0 Review project scope and budget with City staff 0 Analyze physical conditions, existing survey date, aerial topography, opportunities and constraints, functional relationships and drainage patterns 0 Prepare aerial topographic survey with field verification and tie-in to existing datum. 0 Perfonn geotechnical investigation and prepare report of findings 0 Prepare two preliminary design development plan, showing configuration of site improvements, preliminary grading study (including cut/fill balance calculations), utility service plan, and site elecnical design and load calculations. 0 Review the plan with the Parks and Recreation Department and representative(s) from the Little League Group Task 2 CONSTRUCTION DOCUMENT PHASE 0 Prepare construction document package on City mylars to include: Title Sheet Demolition Plans Site Grading Plans Ballfield Staking/Construction Plans Construction Details Lighting/Elecnical Service Plans Single-line Diagrams, Panel and Fixture Schedules Irrigation Plans Planting Plans Irrigation and Planting Details Construction and Planting Specifications 0 Prepare itemized final cost estimates based on construcÍion documents. 0 Prepare bid documents, including bid alternates B. Date for Commencement of Consultant Services: (x) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: Deliverable No.1: Design Development, 40 working days from effective date Deliverable No.2: Construction Document, 55 working days from completion of Deliverable #1 GregrogI.exa(February 22, ] 994] Page 2 8-4-9 ._,...~'". --.---...- Deliverable No.3: Final Bid Package 20 working days from completion of Deliverable #2 D. Date for completion of all Consultant services: 115 days from effective date of agreement-August 3, 1994 9. Insurance Requirements: (x) Statutory Worker's Compensation Insurance () Employer's Liability Insurance coverage: $1,000,000. (x) Commercial General Liability Insurance: $1,000,000. () Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). (x) Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). 10. Materials Required to be Supplied by City to Consultant: N/A 11. Compensation: A. () Single Fixed Fee Arrangement. For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: , payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee B. (xx) Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in . the amounts and at the times or milestones or Deliverables set forth below. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase 1. Design Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $18,725 2. ConstrUction Documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $21,210 3. Reimbursables ........................"............................ $ 1,800 C. () Hourly Rate Arrangement . Gregrogl.exa[February 22, 1994J Page 3 8-50 For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions : (1) () Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $ including all Materials, and other "reimbursables" ("Maximum Compensation"). (2) ( ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. RATE SCHEDULE CATEGORY OF EMPLOYEE OF CONSULTANT NAME HOURLY RATE Landscaue Architect Gresz Nowell $78.00 Civil En2ineerinsz Ravrnond Bulthis $68.00 Electrical En2ineerinsz Keith Reuse $75.00 Geotech Ensrineerinsz Rick E. Larson $89.25 Architect Desismer Robin Franklin $35.00 ( ) Hourly rates may increase by 6% for services rendered after [month], 19 , if delay in providing services is caused by City. 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: (x) None, the compensation includes all costs. Cost or Rate () Reports, not to exceed $ : () Copies, not to exceed $ : () Travel, not to exceed $ : () Printing, not to exceed $ : () Postage, not to exceed $ : () Delivery, not to exceed $ : () Long Distance Telephone Charges, not to exceed $ () Other Actual Identifiable Direct Costs: not to exceed $ : not to exceed $ : GregrogI.eJCa[February 22, 1994] Page 4 ~~ 5/ - - ,..----~_. .....- .-._.,-~--_._------- ._----- .-- -.- 13. Contract Administrators: City: Martin Schmidt, Landscape Architect Parks and Recreation Administration Office 276 Fourth Avenue Chula Vista, CA 91910, (619) 691-5148 Consultant: Nowell-Thompson ASLA and Associates, Inc. 9444 Balboa Avenue Suite 100 San Diego, CA 92123 (619) 571-7855 14. Liquidated Damages Rate: ( ) $ per day. ( ) Other: 15. Statement of Econonúc Interests, Consultant Reporting Categories, per Conflict of Interest Code: (x) Not Applicable. Not an FPPC Filer. · ( ) FPPC Filer ( ) Category No. 1. Investments and sources of income. ( ) Category No.2. Interests in real property. ( ) Category No.3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. ( ) Category No.4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale · of real property. ( ) Category No.5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. ( ) Category No.6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. · ( ) Category No.7. Business positions. ( ) List 'Consultant Associates" interests in real property within 2 radial miles of Project Gregrogt.exa(February 22, 1994] Page 5 8,5í?- · Property, if any: NONE 16. ( ) Consultant is Real Estate Broker and! or Salesman 17. Pennitted Subconsultants: Kruse & Associates (Electrical Engineer) Craig, Bulthuis and Stelmar, Inc. (Civil Engineer) Kleinfolder & Associates (geotechnical & soil engineer) 18. Bill Processing: A. Consultant's Billing to be subuútted for the following period of rime: (xx) Montlùy ( ) Quarterly ( ) Other: B. Day of the Period for submission of Consultant's Billing: (xx) First of the Month ( ) 15th Day of each Month ( ) End of the Month ( ) Other: C. City's Account Number: _600-6004-PR169 19. Security for Perfonnance ( ) Perfonnance Bond, $ ( ) Letter of Credit, $ ( ) Other Security: Type: Amount: $ ( ) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: (x) Retention Percentage: 10% ( ) Retention Amount: $ Retention Release Event: (x) Completion of All Consultant Services ( ) Other: GregrogI.exa[Febroary 22, 1994] Page 6 ~- .5'3 .- ,\) - -,,- - .._...~....~--_.,._--.._._._-,...._~-,.~._-_.- ...-.....- COUNCIL AGENDA STATEMENT Item 9 Meeting Date 2/22/94 ITEM TITLE: Resolution /7393 Approving the FY 1994-95 claims for the FY 1994-95 2% Non-Motorized Transportation Development Act (TDA) F""d ,rnj T"""p"""" "";;" (T"",NoIJ Fo"'" SUBMITTED BY: D;"cto' of Po";' wo~ REVIEWED BY: City Manager.J~ ~ ~\ (4/5ths Vote: Yes_No..xJ Annually, the City of Chula Vista submits an updated list of projects for inclusion in the 7-year implementation program of the non-motorized element of the Regional Transportation Improvement Program. SANDAG regulations require that a set of claims be submitted to SANDAG in order for projects to be considered by its Board of Directors for funding. Council must pass a resolution authorizing submittal of the FY 1994-95 Bicycle Project Claims for available Transportation Development Act (TDA) and Transportation Sales Tax (TransNet) Funds. RECOMMENDATION: That Council approve the resolution as stated in the item title above. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Annually, the 2% Non-Motorized Transportation Development Act (TDA) Funds are made available for the regional planning and construction of bicycle and pedestrian facilities. TDA funds currently contribute about $1,500,000 per year to the implementation of non-motorized projects in the San Diego region. Also, with the passage of Proposition A in 1987, an additional $1 million of Transportation Sales Tax (TransNet) revenues per year is available for the implementation of said projects. The following is a listing of the project claims that we propose to submit to SANDAG for FY 1994-95 funding. 1. Installation of sidewalk improvements at different locations along the north side of Orange Avenue between Quintard Street and Third Avenue. The cost of the work is estimated to be $112,000. 2. Street widening to provide for the installation of a bicycle lane along the south side of Bonita Road between Bonita Glen and 1-805. The cost of the work is estimated to be $177,000. The SANDAG Board of Directors allocated $34,000 in TDA funds in FY 1993-94 for engineering purposes. The FY 1994-95 request is $143,000 for construction. 9--; " ---...-. --.---- .' -- -- ~ -~--- . --.--...-.,--.------,.-- Page 2, Item 1 Meeting Date 2/22/94 Projects submitted to SANDAG must meet but are not limited to the following requirements: 1. Projects must be included in an adopted regional plan. 2. They must follow CalTrans bike route standards (if bike route projects). 3. Each project submitted must contain appropriate cross sections. Projects are also subject to prioritization criteria such as elimination of problem areas on routes to provide relatively safe travel use, service to high use activity centers, connection to and continuity of longer routes. The FY 1994-95 claims totaling an estimated $255,000 will be reviewed and prioritized by the Bicycle Facilities Committee which is composed of representatives from each SANDAG member agency. Based on the Committee's recommendations, the SANDAG Board of Directors will authorize allocation of the available TDA and TransNet funds. A copy of all Claim Forms are located in the City Clerk's Office for Council review. FISCAL IMPACT: Potential total revenues to the City of $255,000. The actual amount is dependent on which projects are approved for funding by the SANDAG Board of Directors. SMN:KY-036 WPC F:\home\engJneer\agenda\1644.94 9'" .2- ____, +_..__._._.__..._,__.,,__..___~_....._"..___ "·M ~_____._~...____.._._____._ RESOLUTION NO. 1')393 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FY 1994-95 CLAIMS FOR THE FY 94-95 2% NON-MOTORIZED TRANSPORTATION DEVELOPMENT ACT FUND AND TRANSPORTATION SALES TAX (TRANSNET) FUNDS WHEREAS, annually, the City of Chula Vista submits an updated list of projects for inclusion in the 7-year implementation program of the non-motorized element of the Regional Transportation Improvement Program; and WHEREAS, SANDAG regulations require that a set of claims be submitted to SANDAG in order for projects to be considered by its Board of Directors for funding; and WHEREAS, in order that claims for the projects may be considered for funding by the SANDAG Board of Directors, Council must pass a resolution authorizing submittal of the FY 1994-95 Bicycle Projects Claims for available Transportation Development Act and Transportation Sales Tax Transnet Funds; and WHEREAS, the following is a listing of the project claims to be submitted: COST Sidewalk improvements along north side of Orange Avenue between Quintard Street and Third Avenue $112,000 Bicycle lane along the south side of Bonita Road between Bonita Glen and 1-805 $143,000 NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Chula vista does hereby approve the FY 19 - 5 claims for the FY 94-95 2% Non-motorized Transportation Dev, 10 ment Act Fund and Transportation Sales Tax (Transn funds Presented by John P. Lippitt, Director of Public Works c: \r8\2'I TDA 9'3/Q-q. .__....,-"~ ._---~~---~-_._-----,_..~-----_.._~.,-,--_._~ ,,~o ~ O\J,,,."I . ORANGE ) NEW LIBRARY I . PROPOSED SIDEWALK ........................ PRO.1ECT '1'J:TLZ EXHIBIT A DUn IY: M. J. I. CONSTRUCTION OF SIDEWALK NORTH SIDE OF ORANGE AVENUE BETWEEN DATE: 2 I 7 I 94 QUINTARD STREET AND THIRD AVENUE 9..- .~---- -------------.--.--- - --- ~.". ~€.\I ~~ ~'" '" . ,,,,t€. ... .. V '0,,/,. / '" . i . '. Proect Location: .......... .. PR03'EC'l' TITLE DUWN BY I A. Stevens INSTALLATION OF BICYCLE LANE ON BONITA ROAD, 9-~ BETWEEN BONITA GLEN AND 1-805 DATIl 01/08/93 .. - .._.,.__~.._.__ ......__~_~_"_~_.._.__~__.__._~__._.__m~_~..'_~.~ Ii ANNUAL TDA CLAIM FORM FY94-9S A. rr ATMANT: City of Chula Vista B. TYPE OF CLAIM: (check one) (X) Article 3 - Bicycle and Pedestrian Facilities (99234) ( ) Article 4 - Support of Public TrIDsportItion Systems (99:SQ) ( ) Anicle 4.5 - r....."'UIIity TrlDsit Services (99275) ( ) Article 8 - Multlmodal TnDsportation TermiIIals (99400.5) ( ) Article 8 - Express Bus ServiceslVaøpool Services (99400.6) ( ) Article 8 - Local Street and RaId Projects (99400) C. ~OUNT OF CLAIM: Operations Capital 134,200 Planning 8,800 - Other (specify) TOTAL: $143,000 D. CONDmON OF APPROVAL: 11 is understood by this Claimant that payment of the claim is subject to çproval by SANDAG and to such monies being on band and available for distribution, and to die provision that such monies and the interest eamed on such monies IUbsequent to l11ocation will be used only for those pllIposes for which the claim is çprovecl and ill accordance with the terms of the allocation instructions. E. AUTHORJ'nm REP1l1tC:mITATIVEI F. PÂYMJ!NT V1:J ".Io'd!.NT CONIJY· -. N --Lß; City of Chula Vista (Signature) (C'·¡"'·"t) Mr. Samir M. Nuhai1v 276 Fourth Avenue (Print or type name) (Mailinllddress) Civil Endneer Chula Vista.. CA 91Q10 (Title) (City and zip code) 276 Fourth Avenue ATI'N: Susa.n Merrill (AddJess) (Name) Chula Vista. CA 91910 Interim Director of FinaneA ;¿~~ (Tit1e) ~19) 691-5173 - (PIIone) S ----------------------------------------- SANDAO USE ONLY: 1. CJaiI:: IlDJllber 2. Date approved 3. JIesolution No. 4. AmOUDt Approved for Payment 5. AmOUDt Appro_ for Rmrve Jf~: 7. Date Approved by MTDB 8. MTDB Rao1utiœ Number 9 - -;¡- ,..._--_._"'.....~..__..--._--_...__.__.- -_.-,- ..---.- __.___~~.__._,_._~'"_... ·______________._.n______._ . 1DA APPUCA110N FORM BICYCLE AND PEDESTRlAN FACIlJTŒS C'·;m,nt: City of Chula Vista AmOUDt of Claim: $143,000 Lea¡th IIId Type of Project: Bike Path Bike Lane '00' Shared Route ltelatcd Facilities Other Project description: Widen south side of Bonita Road between Bonita Glen Drive and south bound on-ramp to 1-805 to provide a 5' bike lane. Note: Please attach location maD. tJm;ect limits. and ~Mnria.te ~ss lectÎons, I. Project Eligibility (Check and fuUy explain in comments) Yes No A. Is the project included in III adopted regional, county, ...!.. - city or community plan? B. If the project abuts other jurisdictions, is it shown on ...L - adopted plans of adjacent jurisdictions? C. Does the project follow CALTRANS Bike Route ...L - Standards from the CALTRANS Highway Design ManuaJ, Section 7-1000; Bikeway PlanDing and Design Standards? D. Identify other sources of funding for the cooperative uta projects: n. Status of Project (check and fully explain in commeuts) A. p,..li";;"_yY eoIinecring completed x -- B. JtesolutiOD pis"" by JovemiD& qenty ~- C. On adopted Capital Improvemcut PJopam See comments ~- D. Maintenance- and liability See comments X -- . E. Estimated dåte of completion Summer of 1995 cr-~ -Comment on how proposed facility will be maintained. - --_. .- --.......................... .--.··.·.·...'-0·- _ ... ____.__.___..~____.~______.__~___.~._ ·. -,-, -- m. Evaluation Criteria (Check and fully explain in comments) Yes No A. Does the project ~¡m¡n~te problem areas on routes X which would provide relatively safe travel use'? 1. Intersections, driveways x 2. Bridges '"'jf -- 3. Nanow road segments x 4. Removal of parking -'"'jf S. High traffic volume and speed -r- -- 6. Other -- B. Does the project provide service to high activity centers'? 7. Employment x or - 8. Commercial - - 9. Educational x T - 10. Public transportation interface - - 11. Government or social service centers - ..L 12. Cultural or recreaûonal x - - 13. Other - - C. Does the project provide connccûon to and continuity of IDnger routes'? 14. Interregional x - IS. Regional ..L - 16. Inteljurisdicûonal x - - 17. Local ..!... - 18. Community ..L - D. Spedal Circumstances: . None. E. Comments: Please see sttachments. . q-q 66 .-.--........-.- - ----.-.-..-.------.--, . February 8, ~994 File No. KY-036 TDA APPLICATION FORM BICYCLE AND PEDESTRIAN FACILITIES I Comment on Pro;ect Eliaibilitv Installation of this Bicycle Lane will fill in the last missing link of the Bicycle Lanes on Bonita Road, as shown on the City and Regional Bikeway Plans. Except for this short segment there are Bicycle Lanes on both sides of Bonita Road from Flower Street past the Easterly City limits to San Miguel Road. II Comments on Status of Pro;ect This project is included in Chula Vista's FY 94-95 5-year CIP program. This request for funds is to complete construction of the project. $34,000 was previously funded for design work during FY 93-94. Public Streets are maintained by Chula Vista's City Staff. III Comments on Evaluation Criteria There is a high volume of traffic sometimes traveling at high speeds on this narrow section of Bonita Road between Bonita Glenn and the south-bound on-ramp of I-80S. The space provided by this project would greatly improve the safety of the bicyclist. This portion of Bonita Road is the main connection between the recreational and residential areas of Bonita and other high activity centers in Central Chula Vista as well as the Trolley Station. This bikeway is a link between National City, Bonita and Central Chula Vista. It is also part of the Regional Bikeway System. (advplan\bike\TDA-94-1) q-IO ._---,..~_...__._.._.. - --.---"--------.--.-- DATE: 2/7/94 ESTIMATE OF BICYCLE ROUTE IMPROVEMENT COSTS Project Name Bonita Road - Bonita Glen Dr. to I-80S Length: 0.10. Miles ,. Elrth_rk e. Roadway Excavation 300 C.Y. X $ 10.00 - $ 9.000 b. Embankm.nt e.Y. X $ - . TOTAL· S 9.000 2. Dr.i....g. - M.jor Work Relocate sidewalk outlet Modify cross gutter Relocate 10' inlet S 18.000 3. Signing, Striping. P...m.nt MerkinI' Signs BlMile '" $1.OO0Mile} Stripe '" $1,500 Mile $3,000 Mile X 0.1 Miles '" $ 300 Mlrkings 320 S.F.!Mile - $500 Mile 4. PI.ing I. Agg. Base 150 e.Y. X $ 20 IC.Y. '" $ 3.000 Calc.: 400 L. X 5 W. X 2.0 D. ~ 27 '" 150 e.Y. b. Paving 90 Tons X $ 45 ITon - $ 4,500 Calc.: 400 L.· X 5 W. X .6 D. ~ 27 X 2 '" 90 Tons PAVING TOTAL $ 7.500 5. Bridge Work .. Modify Bridge S.F. X S IS.F. '" $ n/a Cllc.: S.F. b. New Bridge S.F. X $ IS.F. - $ n/a ell c.: S.F. BRIDGE TOTAL $ n/a 6. Fencing 400 L.F. X $ 30.00 IL.F. '" $ 12.000 .orlidlwalk (replace curb, gutter and sidewalk) 7. Relocate traffic signal $ 13.700 Relocate underground utilities . 17,000 Restoration of private facilities 10,000 Traffic control 1'5.000 8. SUB TOTAL ContingencÌlI Subtotll 107,000 X25%- $ 26,250 Engin...ing Subtoul 107,000 X 15% - . 15.750 .. RlØHTOFWAY · 30.000 '0. PAOJECTTOTAL · 177.000 ". PI'IEVIOUS TDA OR TRANSNET FUNDI RECEIVED -. 34.000 12. CLAIM AMOUNT 0'-1 ( · 143.000 ----- , --~--- .- -.----.....-.....--.. -...-....._-_._---~._------ ......-..--- ------- File No. KY-036 CITY OF CHULA VISTA ENGINEERTNG DIVISION ENGINEER'S ESTIMATE PROJECT TITLE: Construction of Bicycle Lane - South side DATE: FEBUARY 7, 1993 of Bonita Road - Bonita Glen Drive to PREPARED BY: M J I South-Bound 1-805 On - Ramp CHECKED BY: S M N NO. ITEM QUANITI'Y UNIT UNIT PRICE AMOUNT 1 GRADING ITEMS 300 CY $30.00 $9,000 2 RELOCATE DRAINAGE FACILITIES LS LS $18,000.00 $18,000 3 SIGNING, STRIPING, & PAVEMENT MARKING 0.1 MI $3,000.00 $300 4 PAVEMENT BASE 150 CY $20.00 $3,000 5 AC PAVEMENT AND SURFACE IMPROVEMENTS 90 TON $50.00 $4,500 6 REPLACE CURB, GUTIER, AND SIDEWALK 400 LF $30.00 $12,000 7 DRIVEWAY APRONS 3 EA $1,500.00 $4,500 8 RELOCATE EXIST. UNDERGROUND UTILITIES LS LS $17,000.00 $17,000 9 TRAFFIC SIGNALS MODIFICATIONS LS LS $13,700.00 $13,700 10 TRAFFIC CONTROL LS LS $15,000.00 $15,000 11 RESTORATION OF PRNATE FACILmES LS LS $10,000.00 $10,000 SUBTOTAL $107,000 CONTINGENCIES SUBTOTAL (25 %) $26,750 ENGINEERING SUBTOTAL (15 % ) $16,050 RIGHT OF WAY $27,200 PROJECT TOTAL $177,000 Encineering fully funded in FY 93-94 $16,050.00 Contin2encies Dartciallv funded in FY 93-94 $17,950.00 FY 93-94 IDA FUNDS RECEIVED $34,000.00 $34,000 TOTAL 94-95 TDA REQUEST $143,000 (ADVPLAN\BONITA94.'IDA) q-Il.- .------ ------- .~...- . ------------- ~ , ~. ~ IQ' " a I .. . I I Rf",pvE EX/ST: CV~.I I (jllrTE~ ~ SIf)f'WAiK ~ ~ .-J '-- - - - (:FW ''''8, GUTTFR,) I SIDEWAlK ( PAVEMENT . PROJECT TITLE DUn BYI M J I CROSS SECTION SOUTH 'SIDE BONITA ROAD DATE I 1 - 08 - 83 From Bonita Glen Drive To 1- 805 c¡- t3 .. ~.~~__..~.._ .._.··_~·._M''''__~_.___._,__.___...~_.._._ .__~~_~ ___..._.,...._ ___. ___._.____,_,___.__. Project Location: .......... " PRO.1ECT TITLE DRAWN BY: A. Stevens INSTALLATION OF BICYCLE LANE ON BONITA ROAD, BETWEEN BONITA GLEN AND 1-805 DATE. 01/08/93 - q>r3 ---_.__..._._.~- -- ---_._.._._--------~.._.._~..,--,-,-------- COUNCIL AGENDA STATEMENT Item It? Meeting Date 2/22/94 ITEM TITLE: Resolution I ? :! "'1 Approving the filing of an application for Congestion Mitigation and Air Quality Fund (CMAQ) under the Intermodal Surface Transportation Efficiency Act (IS TEA) of 1991 and designating the City Engineer as the authorized representative for this program SUBMITTED BY: Directm of ""bl;, WO'V REVIEWED BY: City Manager .:f.Ä \oI.Ö /7 (4/5ths Vote: Yes_No_KJ The Congestion Mitigation and Air Quality Program (CMAQ) was enacted as part of the Intermodal Surface Transportation Efficiency Act (IS TEA) of 1991. The San Diego County Area is scheduled to receive more than $12.7 million over a six-year period (6 cycles) under this program. Projects must be used for transportation improvements that enhance air quality. The State has determined that signal timing enhancement, traffic signal equipment upgrade, and traffic signal computer control equipment are high priorities under the CMAQ program. Staff believes that the City's existing computerized traffic signal system which was "state of the art" when installed, but is now five years old has limitations on its ability to respond to continuous changes in traffic flow. The current state of the art signal timing system referred to as "Split Cycle-Time and Offset Optimization Technique" (SCOOT) provides an opportunity to the City to make our signal system more responsive to changes in traffic patterns and peak hour volumes. This resolution will approve the filing of an application for CMAQ funding to upgrade our traffic signal system. RECOMMENDATION: That City Council approve the resolution. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: In late 1991, Congress drafted and the President signed into law the Intermodal Surface Transportation Efficiency Act (ISTEA). A component of ISTEA is the Congestion Mitigation and Air Quality Program (CMAQ). This program provides $6 billion nationwide of which $12.7 million is available to the San Diego region over the 6-year life of the act. The CMAQ funds must be used for transportation improvements that enhance air quality in those areas of the U.S. where federal ozone and carbon monoxide standards are not met. The San Diego area has been identified as a nonattainment area. The SANDAG Board of Directors, who administers the CMAQ funds, has approved the use of these funds for Traffic Signal projects within the San Diego Region. The allocation of CMAQ funds to individual projects will be made by the SANDAG Board based on recommendations from the San Diego Traffic Engineer's Council (SANTEe), a standing committee of SANDAG. SANTEC has been given It}.. / "--_.> ----_._.._--~---_._--- Page 2, Item /é) Meeting Date 2/22/94 the responsibility of coordinating the funding process, reviewing traffic signal project applications submitted by member agencies and establishing priorities for these funds. This resolution will authorize the City Engineer to file an application with SANDAG to upgrade our computerized traffic signal system. The proposed signal system improvement project will convert our existing signal computer system from pre-determined fixed time operations to real time operation. Under real time operation, the computer receives current traffic information and changes the signal timing to respond to changes in traffic flow as they occur, rather than controlling signals according to a prearranged plan. SCOOT is an advance system of urban traffic control used in several foreign countries, but is fairly new to the United States. Its use provides economic and environmental benefits from improvements in vehicle journey times and reduced numbers of stops and delays when compared with the best fixed time plans. Due to its real time operation, SCOOT offers major advantages over fixed time plan systems. SCOOT monitors traffic conditions continually, collecting traffic information every second through loop detectors. This data is sent to a model of the street network held in the central computer to determine the best coordination of signal timings for minimum traffic delay. It is worth noting that the City of San Diego is in the process of installing the SCOOT system in the FriarsIMission Gorge Corridor. Staff estimates that the total cost to upgrade our traffic signal system to the adaptive traffic control system (SCOOT) will cost about $1. 9 million. Our traffic signal upgrade proposal is programmed in five phases. Phase I ($200,000) consists of preliminary engineering and system evaluation to determine design requirement and specifications. Phase 2 ($500,000) provides funding for computer hardware and system software. Phases 3, 4, and 5 (total cost of $900,000) consist of construction of traffic signal detection and communication equipment. Approval of the resolution will authorize staff to apply to SANDAG for $200,000 in this fiscal year's (applications are due by March) CMAQ program, $500,000 for FY 94-95 and $300,000 for the each of the remaining three phases of our traffic signal upgrade program. FISCAL IMP ACT: Potential total traffic improvement revenues to the City amount to $1.9 million. The City will not have to provide any funding for this project. The 20% matching funds for Federal projects will come from the State of California Traffic Signal Management program. ZAD: BX-043 \vpC F:\J\orne\engineer\agenda\cmaqiste 021694 10 ..,;..., "-'.-..--.. -_...._.~_..,--------- -- -.-----.......--.----..---.,..--..----..---...---.--.-----...- RESOLUTION NO. 1'?.:J9tf RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FILING OF AN APPLICATION FOR CONGESTION MITIGATION AND AIR QUALITY FUND (CMAQ) UNDER THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT (ISTEA) OF 1991 AND DESIGNATING THE CITY ENGINEER AS THE AUTHORIZED REPRESENTATIVE FOR THIS PROGRAM WHEREAS, the Congestion Mitigation and Air Quality Program (CMAQ) was enacted as part of the Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991; and, WHEREAS, the San Diego County Area is scheduled to receive more than $12.7 million over a six-year period (6 cycles) under this program; and, WHEREAS, projects must be used for transportation improvements that enhance air quality and the State has determined that signal timing enhancement, traffic sign equipment upgrade, and traffic signal computer control equipment are high priorities under the CMAQ program; and, WHEREAS, staff believes that the city's existing computerized traffic signal system which was "state of the art" when installed, but is now five years old has limitations on its ability to respond to continuous changes in traffic flow; and, WHEREAS, the current state of the art signal timing referred to as "Split Cycle-Time and Offset Optimization Technique" (SCOOT) provides an opportunity to the city to make our signal system more responsive to changes in traffic patterns and peak hour volumes; and, WHEREAS, staff recommends the filing of an application for CMAQ funding to upgrade our traffic signal system to a SCOOT system, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby approve the filing of an application for approximately $1.9 million over six years of congestion Mitigation and Air Quality Funds under the Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991 to sign and implement a SCOOT traffic signal control s em in Chul ista and designating the City Engineer as the aut r ed repres nt tive for this program. Presented by John P. Lippitt, Director of Public Works C:\rs\ISTEA /1)-3 .'- --.-----'--."--',---,-----.,.,---,,--"---'--- .-,-,._.'.- -----~ COUNCIL AGENDA STATEMENT Item I) Meeting Date 02/22/94 ITEM TITLE: Report: Supplemental Proposal for Youth ACTION Program Resolution 17.3 '~proving a first amended service provider agreement between the City of Chula Vista and the Young Mens Christian Association (YMCA) of San Diego County, and amending the FY 93/94 Budget to provide personnel and services for the supplemental Youth ACTION Program SUBMITTED BY: Director of Parks and ReCreati~ REVIEWED BY: City Manager~ \<Jð ~ (4/5ths Vote: Yes.x.. No -> On September 14, 1993, during Council discussion of the Youth ACTION Program, staff was directed to determine whether Chula Vista Middle School andlor Senior High School would be interested in the Youth ACTION Program at their school sites. Due to the close proximity of Chula Vista High School and Chula Vista Middle School to the Chula Vista Youth Center, these schools were not included in the original proposal for Junior High After-School programming and High School Happenings. This report discusses the interest of Chula Vista Middle and High School to participate, the cost of the additional programming, the source of the funds, and who will implement the activities. RECOMMENDATION: That the City Council adopt the attached Resolution which: 1. directs the Parks and Recreation Department to conduct an additional High School Happening Program at Chula Vista High School, which will be reimbursed by funds available from Community Development Block Grant (CDBG) Program Income; and 2. amends the Service Provider agreement with the YMCA to provide for the addition of Chula Vista Middle School into the Junior High Outreach program; and 3. authorizes the Mayor to execute said amendment. BOARD/COMMISSION RECOMMENDATION: Not Applicable. DISCUSSION: Staff contacted the Principals from the Chula Vista Middle School and the Chula Vista High School and presented the Youth ACTION Program information and solicited their participation in these programs. In both cases, the Principals were eager to have their school involved in this positive teen experience. The YMCA has been contacted and has agreed to extend their Service Provider Agreement from three middle schools to four middle schools with the City providing the additional funding for Chula Vista Middle School Program. The Park and Recreation Department will provide the High School Happenings component of the Youth ACTION Program at Chula Vista High School, as the Department is providing [A1I3 - VAP2.AI3] 1 / /.. / - .-_.-.__...__.."._,---_.~-_.._-----~.._~..- Item II Meeting Date 02/22/93 High School Happenings at other schools. However, an additional source of funds for that site will be required. The $8,000 required for the supplemental program will be used for a four (4) month program consisting of a .10 FTE Recreation Leader at Chula Vista Middle School, and .13 FTE Recreation Leader at Chula Vista High School. Other costs associated with program support include printing and binding, transportation funds for special events, office supplies and recreation supplies. A detailed breakdown of these costs is attached as "C". The Youth Coalition and the contracting agencies (YMCA, Boys and Girls Club, South Bay Community Services and Parks and Recreation) have begun the planning elements of the Middle School, High School and Late Night programs. The first special event, a teen dance, took place last October, at the Chula Vista Youth Center, and had excellent attendance. In addition, the Thursday night teen program at the Youth Center is averaging 200 participants and a new teen program at Lorna Verde Center on Friday nights is growing weekly with an average attendance of over 100 teens. FISCAL IMPACT: The additional progranuning at the Chula Vista Middle School and the Chula Vista High School will require additional funds in the amount of $8,000. The Department's budget does not have funds available to accommodate this expansion of the Youth ACTION Program. The Community Development Department has identified available funds in CDBO Program Income, as an existing source of funds to support this addition to the Youth ACTION Program for this fiscal year through June 30, 1994. Staff will add the supplemental program to the existing Youth ACTION Program budget, and receive a reimbursement in the amount of $8,000 from CDBO Program Income. In addition, staff intends to request continued support for the Youth ACTION Program in the FY 94/95 budget consideration process in June. Attachments: "A" - Council Report of September 14, 1993 NOT SCANNED "B" - First Amendment to the Service Provider Agreement "C" - Costs for Supplemental Youth ACTION Program NOT SCANNED [A1l3 - YAP2.A13] 2 II"';" ---".---" ------,-.--.. - -"._---,-,'. RESOLUTION NO. J7J9.s RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FIRST AMENDED SERVICE PROVIDER AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE YOUNG MENS CHRISTIAN ASSOCIATION (YMCA) OF SAN DIEGO COUNTY, AUTHORIZING MAYOR TO EXECUTE SAME, AND AMENDING THE FY 93/94 BUDGET TO PROVIDE PERSONNEL AND SERVICES FOR THE SUPPLEMENTAL YOUTH ACTION PROGRAM WHEREAS, on September 14, 1993, Council directed staff to determine whether Chula Vista Middle School and/or Senior High Schools would be interested in the Youth ACTION Program at their school sites; and, WHEREAS, due to the close proximity of Chula Vista High School and Chula vista Middle School to the Chula vista Youth Center, these schools were not included in the original proposal for Junior High After-School programming and High School Happenings; and, WHEREAS, staff contacted the principals from Chula vista Middle School and the Chula vista High School and presented the ACTION Program information and solicited their participation in these program and in both cases, the principals were eager to have their school involved in this positive teen experience; and, WHEREAS, the YMCA has been contacted and has agreed to extend their Service Provider Agreement from three middle schools to four middle schools with the City providing the additional funding of $5,860 for Chula Vista Middle School Program; and, NOW, THEREFORE, BE IT RESOLVED that the city council of the City of Chula vista does hereby approve a First Amended Service Provider Agreement between the City of Chula vista and the Young Mens Christian Association (YMCA) of San Diego County, a copy of which is on file in the office of the City Clerk as Document No. (to be completed in the final document by the City Clerk) . BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized and directed to execute said First Amended Agreement for and on behalf of the City of Chula vista. BE IT FURTHER RESOLVED that the Park and Recreation Department shall conduct an additional High School Happening Program at Chula vista High School. 1 //*3 --+---- -'.-..--.--.--.-- . - .-..-.-...--..------,--- BE IT FURTHER RESOLVED that the FY 93/94 budget is hereby amended to appropriate $8,000 from Community Develo ment Block Grant (CDBG) Program Income to 100-1554 - Youth Dive i n, as set forth in Attachment C attached hereto and incorpora ed herein by reference as if set forth in full. Presented by Jess Valenzuela, Director of Parks and Recreation C:\rs\yap2 2 //..~ ._..........._...,~...__..,..~.__......_._-,.__.._---_._~-~~- _...~- FIRST AMENDED YOUTH AFfER SCHOOL RECREATION SERVICE PROVIDER AGREEMENT THIS AGREEMENT is made and entered into as of the latest date appearing opposite the signatures of the respective parties hereto, by and between YMCA of San Diego County South Bay Branch, a nonprofit Public Benefit Corporation (hereinafter referred to as "Agency") and the City of CHULA VISTA, a municipal corporation (hereinafter referred to as "City"), concerning the provision of recreation programming for residents of the City of Chula Vista. NOW, THEREFORE, it is agreed by and between Agency and City as follows: 1. Agency will provide ("Agency's Program") ten (10) hours per week, of after-school hours recreation programming for a 39 week session during the school year; and twenty (20) hours per week for the 13 weeks of non-school session, and ten (10) hours of staffing for Special Event programs (an event which departs from the routine, and is considered a program highlight), during the time period of the Agreement, under the terms and conditions of Agency's Proposal, attached hereto and incorporated herein as Exhibit A. The provisions of this Agreement shall control over any inconsistencies or ambiguities in Agency's Proposal. 2. Agency shall conduct Agency's Program at Chula Vista Junior Hi~h School, Bonita, Castle Park, and Hilltop Middle Schools, except that they will be relieved from performance if they try, in good faith and with best efforts to get an agreement for facility use with Sweetwater Union High School District, but are unable to do so. r 3. It is agreed that the City will provide $5,860 ("Funds") to offset cost for staffing and supplies for each of the tMee fum: sites for the period of this Agreement. Funds shall be disbursed monthly through a City purchase order on receipt from Agency of such submittals ("Submittals") as may be reasonably required by City, including, but not limited to, time sheets, expenditure receipts, and such forms as may be required by the Director of Parks and Recreation. It is the expectation of the parties that the Funds are intended only to cover the following minimal staffing pattern and non-personnel expense such as recreation and office supplies, printing and mileage. The total non-personnel expense funds budgeted may be expended during the first month of the Agreement, if necessary, and approved in advance by the City. The Funds shall not be used to pay for staff in excess of 660 hours, per site, cumulatively, of programming and not in excess of the number of hours allotted for the following positions: Staff 660 hours minimum $5,110 1 Leader (School in session) 390 hours 1 Leader (School not in session) 260 hours 1 Leader (Special Events) 10 hours 1/~5 ___ ...·n·_ .~_... _..'"._.______,_~~__..__._._,_ The maximum non-personnel allocation is $750, per site, and may include office supplies, recreation supplies, printing, duplicating, mileage and any other appropriate expenses. Non-Personnel Expense: $ 750 4. CONSIDERATION - It is agreed that the Agency will absorb other necessary expenses for required services in connection with the Agency Program as their portion of the Agreement. 5. TERM - This Agreement may be terminated by either party upon thirty (30) days written notice. The term of this agreement shall be for a period of one (1) year commencing on September 15, 1993 and terminating September 14, 1994. 6. NOTICE - Any notice required or permitted pursuant to this Agreement, shall be given by personal service or by deposit of the same in the U.S. Mail, postage prepaid and addressed to the parties as follows: Agency: Richard Collato, President/CEO YMCA of San Diego County South Bay Branch 4715 Viewridge Avenue, Suite 100 San Diego, CA 92123 City Director of Parks and Recreation City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 6. COMMUNICATION - It is agreed that Agency will report monthly, before each disbursement is to be made, on financial expenditures, programs off~red, attendance, and a brief evaluation of activities on form provided by City, as Exhibit "B", as may from time to time be amended by the City. It is agreed that Agency will conduct surveys with the student participants, school staff, and recreation staff utilizing form provided by City, as Exhibit ·C·. Data obtained from surveys should be included in the final report. , It is agreed that Agency will participate in the monthly Youth Coalition Meetings. It is agreed that, by May 15, 1994, Agency will submit a year to date report summarizing the entire program including the survey data, together with a financial summary, to the City of Chula Vista. 7. INDEMNIFICATION AND INSURANCE - Throughout the term of the Agreement, at Agency's sole cost and expense, Agency shall keep or cause to be kept in full force and effect, for the mutual benefit of City and Agency, comprehensive, broad form, general commercial liability insurance against claims and liability for personal injury, death, or property damage arising from Agency's operations, providing protection of at least One Million DollarS JJ.¿' ...-...--....- .....-........ ~--,.__...,.._--.._...._" ($1,000,000) combined single limit. All insurance required by this provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of California and rated A-5 or better in Best's Key Ratings, or the substantial equivalent satisfactory to the Risk Manager. Agency agrees the City, its elected officials, officers and employees shall be named additional insured on all such policies. All such policies shall contain language, to the extent obtainable, to the effect that (1) the insurer waives the right of subrogation against City and City's agents and representatives, (2) the policies are primary and noncontributing with any insurance that may be carried by City, and (3) they cannot be cancelled or materially changed except after thirty (30) days notice by the insurer to the City. Agency shall furnish City with certificates and policy endorsements evidencing the coverage outlined in this section. Agency agrees that it will indemnify and hold City and its elected officials, officers, agents, and employees free and harmless from all claims for damage to persons or property by reason of Agency's negligence or intentional acts or those of Agency's officers, employees, agents or invites in connection with Agency's provision of Agency's Program, including either the Special Events or the ongoing recreation programming, to the maximum extent allowed by law. 8. PERMITS/CHARGES - Agency shall, at its sole cost and expense, obtain any and all other governmental permits, approvals or concurrences required. Further, Agency agrees that it shall promptly pay all charges required from private persons or corporations for which it is responsible, including, but not limited to food, beverage and services and supply purchases, relating to providing Middle School after-school recreation programming, and to protect and hold City harmless from any failure to make any such payment. 9. TRANSFER OR ASSIGNMENT - Agency shall not assign or transfer this Agreement, or any interest therein, nor shall this Agreement be subject to transfer or assignment by any court in any proceeding in which the Agency is involved without tþe Director of Parks and Recreation's prior written approval of such assignment or transfer. //·7 - ___ -_0.- ___ _....___._ _ _~.______ .._~_______.__ Now therefore, the parties hereto, having read and understood the terms and conditions of this agreement, do hereby express their consent to the terms hereof by setting their hand hereto on the date set forth adjacent thereto. Dated: City of Chula Vista by: Tim Nader, its Mayor Attest: Beverly Authelet City C UW~ Bruce M. Boogaard City Attorney Agency: , YMCA of San Diego County South Bay Branch by: its (title) C:loglyop2 /1-r/II~/7.. ._. _, ._~._._._. ._~"__m__'_'_"'~____ . .. .- Attachment A . . COUNCIL AGENDA STATEMENT . Item í Meeting Date 09/14/93 ITEM TITLE: Report: Proposal for Youth ACTION Program Service Provider Agreements Resolution Approving a Service Provider Agreement between the City ~f Chula Vista and the Yount Men's Christian Association (YMCA) of San Diego County South Bay Branc , and the City of Chula Vista and the Chula Vista Boys and Girls Club SUBMITTED BY:' Director of Parks and Recreatio~ REVIEWED BY: City Manager (4/5ths Vote: Yes No X ) .- - . Youth today are subjected to a variety of pressures and influences that were not present when most adults were once teenagers. During the Spring of 1993, the Chula Vista Parks and Recreation Department, Sweetwater Union High School District, Boys and Girls Club of Chula Vista, YMCA of San Diego County South Bay Branch, and South Bay Community Services convened a "summit" for louth between the ages of 13 and 18 years. The purpose of this Summit was to hear directly rom participants their thoughts and ideas about the needs of Chula Vista's youth. In June 1993, The City Council expressed its support (see Attachment A) for expanding youth services by providing $73,087 in funding for the Youth ACTION Program. It was the intent of this program to support the coordination o~ services to youth that are provided by various public and private agencies and organizations in the City. The Parks and Recreation Department coordinated the review of pro)osals from Chula Vista youth-serving agencies in \, response to the first three (of six total functional areas. RECDHHENDATIDN: That the City Council support the Parks and Recreation Department to conduct the High School Happenings Program; "and approve the Resolution awarding Service Proyider . Agreements to: 1. The YMCA of San Diego County South Bay Branch in the amount of $17,580 for the - provision of Junior High Outreach programming; and 2. The Boys and Girls Club of Chula Vista in the amount of $14,288 for the provision of late Night Teen Recreation Programs; and 3. Authorize the Mayor to execute said Service Provider Agreements. The Parks and Recreation Department will assume responsibility for developing and implementing the High School Happenings program. BOARDS/CDHHISSIONS RECOMMENDATIDN: The Youth Commission met on August 9, 1993 and discussed the material presented on the Youth ACTION Program. The Commission did not have a quorum that evening, and consequently could not take action on the item. However, the Youth Commission has part i ci pated i nthe Youth Summi t, has previ ousl/¡ had input in this program, and conceptually supports it. The intent to start the AC ION Program fn September precluded taking the item back to the Commission in September when a quorum might be present. The Parks and Recreation Commission met on August 19, 1993 and discussed the staff report and recommendations. The Commission voted 6-0-1 (Alevy abstained) to recommend that Service Provider Agreements be awarded to the YMCA of San Diego County South Bay Branch and the Boys and Girls Club of Chula Vista. '\ _...1 II~C¡ _."_n._ -'_....._~--_..,--_...,_._".._----- V,I/¡ ----.~-.~-~.....- ....\11. ~ -,,--.. .. ...,....r._ 1 1 . . Page 2. Item Meeting Date 09/14/93 DISCUSSION: Counci 1 Acti on '- As a direct result of the 1993 Youth Summit, the City Council voted in mid-June to fund the Youth ACTION Program at the recommended level of $73,087 in fiscal year 1993-94. This program and its six functional ar,as is intended to improve access and availability of services to youth 13-18 years of age. Descriptions of these functional areas are provided below: Junior High Outreach: Pr09rams at Bonita Vista, Castle Park, and Hilltop junior high schools could include intramural sports, peer counseling, homework assistance, arts and crafts, speakers on selected topics, special events, games, a place to "hangout", contractual classes, physical fitness, fundraisers, and talent shows. Youth Advisory Groups will be created at each site to include youth in program planning, ,design, and implementation. High School Happenings: Programs at Castle Park, Hilltop, EastLake, and Bonita Vista high schools could include open gym, weight training, step aerobics, and other activities as determined by the youth in the area. Youth Advisory Groups will be cfeated at each site to include youth in program planning, design, and implementation. Late Night Teen Programs: Program would be offered at the Chula Vista Community Youth Center, and could include late night basketball and other activities on two evenings, and special events. A Youth Advisory Group will be created to include youth in program planning, design and implementation. Transportati on: Servi ces caul d i ncl ude publ1 c transportati on subsi di es for youth involved in recreational programming, using school vehicles to transport youth to special events within the city, and trips outside the city. . Special Events: Special event;rogramming for two or three activities during the year could include talent shows, dances, and youth days events. These special events would be pl,anned by youth and the Youth Coalition as a cost recovery yenture.' Cultural Arts: Programs could include an "artist in residence" program that will fund a trained artist to share his/her technical knowledge of art with youth at various program sites. The artist(s) may work with youth to produce murals at school sites, or other public locations. The Parks and Recreation Department was directed to coordinate the solicitation of proposals from local youth-serving organizations. Reouest for ProDosal Process The Chula Vista Youth Coalition is comprised of representatives from the various youth-serving organizations providing services in the City. Membership includes the Parks and Recreation Department, Boys and Girls Club of Chula Vista, YMCA of San Diego County South Bay Branch, South Bay Communi tr Servi ces, MAAC Project, 4-H Program, Sweetwater Uni on Hi gh School District. The Coa ition has been expanding its membership to ensure involvement of all organizations serving Chula Vista youth. The Youth Commission is one of the most recent additions to the Coalition. Information regarding the Youth ACTION Program concept was shared with the Youth Coalition during its monthly meetings on a regular basis. The Coalition was solicited by Parks and Recreation staff for feedback on the concept and proposal process, as well as other youth- serving organizations that should be included in the process. , On July 22, 1993 requests for proposals were sent to all members of the Chula Vista Youth ~ Coaliti on i nformi ng them of the avai lability of funds for the three pri ori ty functi onal areas: (K1ion.rpc) 1/' /t? ... -.----.------ _...._,---'" -"._---~._----_._. ..{ .. Page 3, Item . Meeting Date 09714/93 Junior High Outreach, High School Happenings, and Late Night Teen Programs. The deadline for , submitting proposals was August 4, 1993. This short deadline was necessary in order to take the Parks and Recreation Department's recommendation through the appropriate Commissions in August and start offering activities in September. Proposals from three of the organizations (Boys and Girls Club of Chula Vista, YMCA of San Diego County South Bay Branch, and South Bay Community Services) were received by the August 4 deadline. These proposals addressed the areas of Junior High Outreach and Late Night Teen Programs, and included some overlap in proposed activities. This overlap was the result of the short deadline and the agencies' difficulty in coordinating proposals due to conflicting schedules. The three applicant agencies and Parks and Recreation staff felt that the overlap in proposed services could easily be resolved in a few meetings. These meetin~s were held on August 11 and 17, 1993. During these meetings, representatives from the app icant agencies and Parks and Recreation staff agreed that a multi-agency, multi-disciplinary approach would be advantageous. This type of approach would bring together the best aspects of individual programs, as well as more efficient use of available resources. During these meetings, it was decided that: , . .. 1. The YMCA of San Diego County South Bay Branch would serve as the fiscal agent for the Junior High Outreach Program. The YMCA would also collaborate with the Boys and Girls Club and South Bay Community Services to provide a well-rounded, comprehensive program for participants. Activities would be provided at Hilltop, Castle Park, and Bonita Vista middle schools at a cost to the City of $17,580 ($5,860 per site) to offset costs for staffing and supplies. The agencies involved in the collaboration will contribute approximately $18,000 in financial and in-kind support for the program. Examples of this in-kind support include ,- staff salaries and benefits, liability insurance, and materials and supplies. , ... 2. The Boys and Girls Club of Chula Vista would serve as the fiscal agent for the Late Night Teen Recreþtion Program. The Boys and Girls Club would also call aborate with South Bay Communi ty Servi ces to provi de appropri ate staffi ng and comprehensive programming for participants. Activities would be ¡j'rovided primarily at the Chula Vista Community Youth Center at a cost to the City of $14,288 to offset costs for staffing. The Boys and Girls Club and South Bay Community Services will contribute approximately $11,000 in financial and .in-kind support for the program. Examples of this in-kind support include staff salaries and benefits, liability insurance, and materials and supplies. 3. The Parks and Recreation Department would be responsible for the High School Happenings program, including working with the School District and other youth- serving agencies in coordinating activities. Members of the Youth Coali ti on wil 1 provi de additi onal support and resources for these activities, as needed. This additional support could include assistance with special events, working with the Youth Advisory Councils, etc. Members .of the Youth Coalition will also work together to implement the Youth ACTION Program's remaining functional areas (Transportation, Special Events, and Cultural Arts). .' Service Provider Agreements will be drawn between the City and the YMCA of San Diego County South Bay Branch and the Boys and Girls Club for a 12-month ~eriod beginning September 1993 and ending September 1994. Funds will be disbursed on a month y basis through a City purchase order on receipt from the agencies of such submittals including, but not limited to, time sheets, expenditure receipts, and monthly service and financial reports. (This procedure will be similar to Agreement between the Police Department and South Bay Community Services for the anti-graffiti program.) In addition, agencies will be expected to participate in a ~ qualitative assessment of the Youth ACTION Program. This qualitative assessment will include distribution of questionnaires to program participants, staff, and teachers. 1"'....'1"1 J/~// "'- -. - ~----_._-,~...- "_'m ._._...___...._.__...._~.___._._....,_.._.._.___._ ·_~·____~..______n'__.'_..._ Page 4. Item Meeting Date 09/14/93 . A mid-year report on program activities will be submitted to the City Council in May/June " 1994. FISCAL IMPACT: No new fundin9 required at this time to implement the Youth ACTION Program. In the FY 93/94 budget, $73,087 was appropriated. This recommendation is to appropriate $31,868 ($17,580 for the Junior High Outreach Program, and $14,288 for the Late Night Teen Recreation Program) of the $73,087. Attachments: A. Minutes of June 3, 1993 Council Meeting B. Youth After-School Recreati on Servi ce Prov; der Agreement - YMCA of San Diego County South Bay Branch C. Late Night Recreation Service Provider Agreement - Boys and Girls Club of Chula Vista D. Youth Commission Minutes E. Parks and Recreation Commission Minutes F. Summary of 1993 Chula Vista Youth Summit . . I"'. . . r (KtiorUPIJ . 1/-/,,2, . -., ',." ATTACHMENT B YOUTH AFTER SCHOOL RECREATION SERVICE PROVIDER AGREEMENT Agreement Amendment Information: SECTION 2. Add Chula Vista Junior High School: Agency shall conduct Agency's Program at Chula Vista Junior High School, and Bonita, Castle Park, and Hilltop Middle Schools, except that they will be relieved from performance if they try, in good faith and with best efforts, to get an agreement for facility use with Sweetwater Union High School District, but are unable to do so. SECTION 3. Add additional site: It is agreed that the City will provide $3,735 ("Funds ") to offset cost for staffing and supplies for each of the four sites for the period of this Agreement. [A1l3 - YAP2.AI3] 11.).3 In-It ._,-"....__._~,~"'--_._.,-"_._.._------ --- --"_._._.._---_...,--,.~_. .-.... - YOUTH AFTER SCHOOL RECREATION SERVICE PROVIDER AGREEMENT TIDS AGREEMENT is made and entered into as of the latest date appearing opposite the signatures of the respective parties hereto, by and between YMCA of San Diego County South Bay Branch, a nonprofit Public Benefit Corporation (hereinafter referred to as "Agency") and the City of CHULA VISTA, a municipal corporation (hereinafter referred to as "City"), concerning the provision of recreation programming for residents of the City of Chula Vista. NOW, THEREFORE, it is agreed by and between Agency and City as follows: 1. Agency will provide ("Agency's Program") ten (10) hours per week, of after-school hours recreation programming for a 39 week session during the school year; and twenty (20) hours per week for the 13 weeks of non-school session, and ten (J 0) hours of staffing for Special Event programs (an event which departs from the routine, and is considered a program high1ight), during the time period of the Agreement, under the terms and conditions of Agency's Proposal, attached hereto and incorporated herein as Exhibit A. The provisions of this Agreement shall control over any inconsistencies or ambiguities in Agency's Proposal. 2. Agency shall conduct Agency's Program at Bonita, Castle Park, and Hilltop Middle Schools, except that they will be re1ieved from performance if they try, in good faith and with best effons to get an agreement for facility use with Sweetwater Union High School District, but are unable to do so. 3. It is agreed that the City will provide $5,860 ("Funds") to offset cost for staffing and supplies for each of the three sites for the period of this Agreement. Funds shall be disbursed monthly through a City purchase order on receipt from Agency of such submittals ("Submittals") as may be reasonably required by City, including, but not limited to, time sheets, expenditure receipts, and such forms as may be required by ·the Director of Parks and Recreation. It is the expectation of the panies that the Funds are intended only to cover the following minimal staffing pattern and non-personnel expense such as recreation and office supplies, printing and mileage. The total non-personnel expense funds budgeted may be expended during the first month of the Agreement, if necessary, and approved in advance by the City. The Funds shall not be used to pay for staff in excess of 660 hours, per site, cumulatively, of programming and not in excess of the number of hours allotted for the following positions: Staff 660 hours minimum 55,110 ] Leader (School in session) 390 hours ] Leader (School not in session) 260 hours ] Leader (Special Events) 10 hours ] - R.. 1-" 2,....... , 1/~J1 (..~~.2.C' -- .-. --..--------..------ - -----_._-----~_..-- . The maximum non-personnel allocation is $750, per site, and may include office supplies, recreation supplies, printing, duplicating, mileage and any other appropriate expenses. Non-Personnel Expense: $ 750 4. CONSIDERATION - It is agreed that the Agency will absorb other necessary expenses for required services in connection with the Agency Program as their portion of the Agreement. S. TERM - This Agreement may be tenninated by either party upon thirty (30) days written notice. The tenn of this agreement shall be for a period of one (I) year commencing on September 15, 1993 and tenninating September 14, 1994. . . 6. 1'IOTICE - Any notice required or pennitted pursuant to this Agreement, shall be given by personal service or by deposit of the same in the U.S. Mail, postage prepaid and addressed to the parties as follows: Agency: Richard Collato, President/CEO YMCA of San Diego County South Bay Branch 4715 Viewridge Avenue, Suite 100 San Diego, CA 92123 City Director of Parks and Recreation City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 6. COMMUNICA TION - It is agreed that Agency will report monthly, before each disbursement is to be made, on financial expenditures, programs offered, attendance, and a brief evaluation of activities on fonn provided by City, as Exhibit "B", as may from time to time be amended by the City. It is agreed that Agency will conduct surveys with the student participants, school staff, and recreation staff utilizing fonn provided by City, as Exhibit "C". Data obtained from surveys should be included in the final report. It is agreed that Agency will participate in the monthly Youth Coalition Meetings. It is agreed that, by May IS, 1994, Agency will submit a year to date report summarizing the entire program including the survey data, together with a financial summary, to the City of Chula Vista. 7. INDEMNIFICATION AND INSURANCE - Throughout the tenn of the Agreement, at Agency's sole cost and expense, Agency shall keep or cause to be kept in full force and effect, for the mutual benefit of City and Agency, comprehensive, broad fonn, general commercial 2 .. //-/5 _"____~,____._.__._..~__ _nm·____~~.____ . ¡ liability insurance against claims and liability for personal injury, death, or property damage arising from Agency's operations, providing protection of at least One Million Dollars (51,000,000) combined single limit. All insurance required by this provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of California and rated A-S or better in Best's Key Ratings, or the substantial equivalent . satisfactory to the Risk Manager. Agency agrees the City, its elected officials, officers and employees shaJl be named additional insured on all such policies. All such policies shall contain language, to the extent obtainable, to the effect that (I) the insurer waives the right of subrogation against City and City's agents and representatives, (2) the policies are primary and noncontributing with any insurance that may be tarried by City, and (3) they cannot be cancelled or materially changed except after thirty (30) days notice by the insurer to the City. Agency shall furnish City with certificates and policy endorsements evidencing the coverage outlined in this section. Agency agrees that it will indemnify and hold City and its elected officials, officers, agents, and employees free and harmless from all claims for damage to persons or property by reason of Agency's negligence or intentional acts or those of Agency's officers, employees, agents or invites in connection with Agency's provision of Agency's Program, including either the Special Events or the ongoing recreation programming, to the maximum extent allowed by law. . 8. PERMITS/CHARGES - Agency shall, at its sole cost and expense, obtain any and all other governmental permits, approvals or concurrences required. Further, Agency agrees that it shall promptly pay all charges required from private persons or corporations for which it is responsible, including, but. not limited to food, beverage and services and supply purchases, relating to providing Middle School after-school recreation programming, and to protect and hold City harmless from any failure to make any such payment. 9. TRANSFER OR ASSIGNMENT - Agency shall not assign or transfer this Agreement, or any interest therein, nor shall this Agreement be subject to transfer or assignment by any court in any proceeding in which the Agency is involved without the Director of Parks and Recreation's prior written approval of such assignment or transfer. . 3 .. IJ-/~ ---------.-.--.--.--.,.,. - -~---- --------- - . . Now therefore, the parties hereto, having read and understood the tenns and conditions of this agreement, do hereby express their consent to the tenns hereof by setting their hand hereto Dn the date set forth adjacent thereto. Dated: September 2, 1993 City of Chula Vista by: ~/lJ1_ Tim Nader, its Mayor Attest: \Y Bruce M. Boogaard Çity Attorney Agency: YMCA of San Diego County South Bay Branch by: ~d~ its L~ (title) ATTACHMENTS: Exhibit "A" - Agency Proposal Exhibit "B" -Monthly Reporting Document Exhibit "C" - Survey Documents 4 /)-17 __ ____n___...__.'.__......_._.__.___. ._..,._.__~___. '0 _,,__._~___ ..,____~_.. _no. ATTACHMENT C YOUTH ACTION PROGRAM II - PARKS AND RECREATION DEPARTMENT 100-1554 - Youth Diversion Line Item Line Item Middle School High School Totals Outreach Happenings 5105 .10 FTE Rec. Leader - 0.13 FTE Rec. Leader - (5641) $ 1,625 (5641) $ 2,130 210 hrs. 275 hrs. $ 3,755 x $7.74/hr. x $7. 74/hr. 5143 55 25 30 5145 140 60 80 5212 400 200 200 5225 2,450 1,225 1,225 5301 200 100 100 5371 1,000 500 500 Totals 8,000 3,735 4,265 [lWget - yap2buda.tab - 2-1O-94J //;/1' ..-.----......-,. -. -- - "-' ..._,-_.~- -. ,-----. ...~._-,..__...~-_.__.__.-,,- ~e.V ¡",cD ITettl I RESOLUTION NO. 17395 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FIRST AMENDED SERVICE PROVIDER AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE YOUNG MENS CHRISTIAN ASSOCIATION (YMCA) OF SAN DIEGO COUNTY, AUTHORIZING MAYOR TO EXECUTE SAME, AND AMENDING THE FY 93/94 BUDGET TO PROVIDE PERSONNEL AND SERVICES FOR THE SUPPLEMENTAL YOUTH ACTION PROGRAM WHEREAS, on September 14, 1993, Council directed staff to determine whether Chula vista Middle School and/or Senior High Schools would be interested in the Youth ACTION Program at their school sites; and, WHEREAS, due to the close proximity of Chula Vista High School and Chula vista Middle School to the Chula vista Youth Center, these schools were not included in the original proposal for Junior High After-School programming and High School Happenings; and, WHEREAS, staff contacted the principals from Chula vista Middle School and the Chula vista High School and presented the ACTION Program information and solicited their participation in these program and in both cases, the principals were eager to have their school involved in this positive teen experience; and, WHEREAS, the YMCA has been contacted and has agreed to extend their Service Provider Agreement from three middle schools to four middle schools with the city providing the additional funding of $5,860 for Chula vista Middle School Program; and, NOW, THEREFORE, BE IT RESOLVED that the city Council of the city of Chula vista does hereby approve a First Amended Service Provider Agreement between the City of Chula vista and the Young Mens Christian Association (YMCA) of San Diego County, a copy of which is on file in the office of the City Clerk as Document No. (to be completed in the final document by the City Clerk). BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized and directed to execute said First Amended Agreement for and on behalf of the city of Chula vista. BE IT FURTHER RESOLVED that the Park and Recreation Department shall conduct an additional High School Happening Program at Chula vista High School. 1 ))-)9 - --"-.'.-.- '"._"-_.._-_.~_..._. --.--.-------,-,--..--.--.,-- BE IT FURTHER RESOLVED that the FY 93/94 budget is hereby amended to appropriate $8,000 from the unappropriated balance of the General Fund to 100-1554 as follows: 5105 $3,755 5143 55 5145 140 5212 400 5225 2,450 5301 200 5371 1.000 $8,000 BE IT FURTHER RESOLVED that the FY 93/94 budget is amended to add .23 Recreation Leader. BE IT FURTHER RESOLVED that the City Council does hereby appropriate $8,000 from CDBG Program Income Account 632-4098 for the purpose of reimbursing the General Fund for the Youth Action 'upp'ementa' Youth Action pr~ Presented by II"' ved ~ Jess Valenzuela, Director of Bruce M. Boog Parks and Recreation Attorney C:\rs\yap2 2 JJ -;2Ô .- ._-..,._..,-_.,,-_._-~ . - --_..-._~..-._-_.- - _.._---_._.,.,---"--~--- COUNCIL AGENDA STATEMENT Item I J... Meeting Date 2/22/94 ITEM TITLE: a) Public Hearing on the Chula Vista Transportation Improvement Program for the next seven fiscal years b) Resolution )7:19(- Adopting the Seven-Year TransNet Local Street and Road Program of Projects for Fiscal Years 1995 through 2001 and approving the submittal of Chula Vista's Transportation Improvement Program to the San Diego Association of Governments (SANDAG) for inclusion in the Regional Transportation Improvement Program (RTIP) SUBMITTED BY: REVIEWED BY: City Manager....1 (4/5ths Vote: Yes_No...K) The San Diego Regional Transportation Improvement Program (RTIP) is a seven-year program (fiscal years 1995 through 2001) of proposed major highway, arterial, transit, bikeway, and aviation projects. The annual development and approval of the RTIP by the San Diego Association of Governments (SANDA G) is a requirement for the continued receipt of State and Federal transportation project funding. The "Proposition' A' TransNet Transportation Improvement Program - Ordinance and Expenditure Plan" also requires that all proposed projects funded with TransNet funds be included in the Regional Transportation Improvement Program (RTIP). Said Proposition was enacted by the voters of San Diego County on November 3, 1987. Proposition 'A' is a 1/2 percent increase in the County-wide sales tax lasting 20 years for specified transportation programs and projects. One third of the revenues are specified for allocation to the local agencies for local street and road purposes. The other two thirds will be equally shared for two additional primary purposes: Regional Highway and Public Transit improvements. SANDAG administers the program County-wide. RECOMMENDATION: That Council conduct the public hearing and upon its completion approve a resolution adopting the City's RTIP Program and approving its submittal to SANDAG. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The Proposition 'A' Ordinance and Expenditure Plan states that the revenue generated by the sales tax measure will be used solely for transportation improvement projects in accordance with the following priorities: 1. To repair and rehabilitate existing roadways. 2. To reduce congestion and improve safety. 3. To provide for the construction of needed facilities. I';'~I .~._..._~ .... __M..____._______________.__. .,___.__.__ Page 2, Item 102. Meeting Date 2/22/94 In accordance with said priorities, the proposed RTIPffransNet Expenditure Plan was prepared as shown on Table 1 (attached). Tables 2 and 3 (attached) show projected revenues and expenditures for corresponding fiscal years. The proposed RTIP is consistent with the City's CIP program and includes 9 projects utilizing TransNet funds in Fiscal Years 1994-95 through 2000-01. The projects and their corresponding amounts are programmed as follows: PROJECT AMOUNT FISCAL YEAR 1. Otay Valley Road, Phase n $710,000 95 2. Otay Valley Road, Phase ill 550,000 95 3. Engineering Automation Program 45,000 95 4. Broadway between Naples and Anita Streets 2,108,000 96 5. Main Street between Industrial and Fourth Avenue 3,160,000 95-97 6. Palomar Street between 1-5 and Industrial Blvd. 854,000 98 7. "E" Street between 1-5 and Broadway 767,000 98 8. Main Street between Fourth Avenue and Hilltop 5,000,000 97-99 9. Main Street between Hilltop and 1-805 3,500,000 00~1 TOTAL $16,694,000 The projects as listed in terms of priority involve widening and extensive reconstruction including but not limited to: installation of asphalt concrete pavement, curb, gutter, sidewalks, street lights, drainage facilities, etc. Table 4 (attached) includes a project information form for each of the nine projects. The 1994-01 RTIP is due to State and Federal reviewing agencies by August 1, 1994. SANDAG will distribute the draft RTIP for review and comment in the latter part of April 1994. Adoption of the final RTIP is scheduled for SANDAG Board of Directors action at its meeting of June 24, 1994. The deadline for local agency project submittals for the 1994-01 RTIP is March 11, 1994. In November 1993, new federal Metropolitan Planning and Air Quality Conformity regulations were issued prescribing an air quality conformity analysis process. Said regulations have impacted SANDAG's schedule and moved the local agency submittal deadline from July to mid-March. FISCAL IMPACT: TransNet sales tax revenues totalling approximately $16,694,000 are estimated by SANDAG to be allocated to the City of Chula Vista for Fiscal Years 1994-95 through 2000-01. SMN:KY·174 WPC F:\home\engineeflagenda\l648.94 /), ...;.. _._-_._--~-_._- ---------..- --.'.- ---."-'--"'" ... ...--....---...---,,--------- RESOLUTION NO. 17J9¿ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE SEVEN-YEAR TRANSNET LOCAL STREET AND ROAD PROGRAM OF PROJECTS FOR FISCAL YEARS 1995 THROUGH 2001 AND APPROVING THE SUBMITTAL OF CHULA VISTA'S TRANSPORTATION IMPROVEMENT PROGRAM TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM (RTIP) WHEREAS, the San Diego Regional Transportation Improvement Program (RTIP) is a seven-year program (fiscal years 1995 through 2001) of proposed major highway, arterial, transit, bikeway, and aviation projects; and, WHEREAS, the annual development and approval of the RTIP by the San Diego Association of Governments ( SANDAG) is a requirement for the continued receipt of State and Federal transportation project funding; and, WHEREAS, the "Proposition 'A' TransNet Transportation Improvement Program - Ordinance and Expenditure Plan" also requires that all proposed projects funded with TransNet funds be included in the Regional Transportation Improvement Program (RTIP); and, WHEREAS, said Proposition was enacted by the voters of San Diego County on November 3, 1987 and Proposition 'A' is a 1/2 percent increase in the County-wide sales tax lasting 20 years for specified transportation programs and projects; and, WHEREAS, one third of the revenues are specified for allocation to the local agencies for local street and road purposes and the other two thirds will be equally shared for two additional primary purposes: Regional Highway and Public Transit improvements; and NOW, THEREFORE, BE IT FURTHER RESOLVED the city Council of the City of Chula vista does hereby adopt the Seven-Year TransNet Local Street and Road Program of Projects for Fiscal Years 1995 through 2001 as shown on Table 1, attached hereto and incorporated herein by reference as if set forth in full, and approving the submittal of Chula vista's Transportation Improvement Program to the San Diego Association of Governments (SANDAG) for inclusion in the Regional Transportation prove~t Program (RTIP) . 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"._~-, _._--,,----~.- TABLE 2 TRANSNET AND ISTEA REVENUE FORECASTS FOR FY 94/94 THROUGH 00/01 Fiscal Transnet ISTEA - STP Local Total Annual Year Revenue Forecasts Fund Allocation Projected Funds 1994 $300,500* 1995 $1,888,000 $348,500 $2,236,500 1996 $1,957,000 $348,500 $2,305,500 1997 $2,053,000 $348,500 $2,401,500 1998 $2,194,000 $0 $2,194,000 1999 $2,340,000 $0 $2,340,000 2000 $2,492,000 $0 $2,492,000 2001 $2,654,000 $0 $2,654,000 Totals $15,578,000 $1,045,500 $16,924,000 SAY * $300,500 = $250,000 (Interest Earnings in FY 94) + $50,500 (Carryover from FY94) /~..? ._--_._----_.~._~.__._----------_. TABLE 3 TRANSNET PROJECTED EXPENDITURES IN FYS 1995 THROUGH 2001 FISCAL TOTAL PROJECTED CARRY OVERS AVAILABLE REMAINING YEAR REVENUES FROM PREVo FY REVENUES EXPEND. BALANCE 1995 $2,236,500 $300,000 $2,536,500 $1,365,000 $1,171,500 1996 $2,305,500 $1,171,500 $3,477,000 $2,208,000 $1,269,000 1997 $2,401,500 $1,269,000 $3,670,500 $3,600,000 $70,500 1998 $2,194,000 $70,500 $2,264,500 $1,721.000 $543,500 1999 $2,340,000 $543,500 $2,883,500 $4,300,000 ($1,416,500\ 2000 $2,492,000 ($1,416,500 $1,075,500 $520,000 $555,500 2001 $2,654,000 $555,500 $3,209,500 $2,980,000 $229,500 PROJECTS TO BE FUNDED IN FY'S 1995 THROUGH 2001 FISCAL YEAR 1995: ST-123; OTAYVALLEYROAD, PHASE II $710,000 OP-H3; ENGINEERING AUTOMATION PROGRAM $45,000 STM-319; OTA Y V ALLEY ROAD, PHASE III $550,000 ST-961; MAIN STREET - INDUSTRIAL TO FOURTH $60,000 --------------_.~.._.-- $1,365,000 FISCAL YEAR 1996: ST-961; MAIN STREET, INDUSTRIAL TO FOURTH $100,000 (R.O.W.) ST-143; BROADWAY, NAPLES TO ANITA STREET $2,108,000 .---------------------- $2,208,000 FISCAL YEAR 1997: ST-961; MAIN STREET, INDUSTRIAL TO FOURTH $3,000,000 (CONSTR.) ST-NEW; MAIN STREET, FOURTH TO HILLTOP $600,000 (ENGR' G) ----------------------- $3,600,000 FISCAL YEAR 1998: ST-NEW; MAIN STREET, FOURTH TO HILLTOP $100,000 (R.O.W.) ST-922; PALOMAR STREET. 1-5 TO INDUSTRIAL $854,000 ST-964; "E" STREET, 1-5 TO BROADWAY $767,000 ------------.---------- $1,721,000 FISCAL YEAR 1999: STM-NEW; MAIN STREET, FOURTH TO HILLTOP $4,300,000 (CONSTR.) FISCAL YEAR 2000: STM-NEW; MAIN STREET, HILLTOP TO 1-805 $520,000 (DESIGN & R.O.W.) FISCAL YEAR 2001: STM-NEW, MAIN STREET, HILLTOP DRIVE TO 1-805 $2,980,000 (ENG'G & CONSTR.) I~·Y .'..----,-- " --.--.--..- . __._n_..._________,____.._ -~----_..~---_.- TABLE 4 REGIONAL TIP PROJECT INFORMATION FORM Regionally Significant Capacity Increasing Projects Agency: City of Chula Vista Date: 2/10/94 Prepared By: Samir M. Nuhaily, Civil Engineer Phone: 691-5173 Project Location: Otay Valley Road, Phase II (Street & Limns) Between Nirvana Avenue to the easterlv citv limits Project Length: 0.72 Miles (To Nearest 1/10 mile) Description: Otay Valley Road requires widening from 2 to 6 lanes in order to accommodate increasing traffic flows from ongoing development in the Otay Valley area, as well as the Otay Mesa and Otay Ranch areas. 1) Provide design concept and scope Including all capacity improvamant facUlties and Ilmils. 2) Elthar dnlw on ravarsa or attach figure showing befora and after condition including lane diagram. Intan:hange or ramp configuration.lntarsaction and trafIIc signal locations. ate. Estimated Cost: Funding Sources: Engineering: Federal Right-Of-Way State Construction 710,000 TransNet 710,000 Total 710.000 Local 1994 $ x Esc.lFulure $ (Check One) (Identify committed funds with asterisk) Schedule: Start Construction: 07 - 94 Open To Traffic: 06 - 95 (Month - Year) (Month - Year) - ATTACH FIGURE WITH BEFORE AND AFTER CONDITION IF NEEDED - l,,'l- ? ~,--- . - -- .._------,-~---~-_._-- TABLE 4 REGIONAL TIP PROJECT INFORMATION FORM Regionally Significant Capacity Increasing Projects Agency: City of Chula Vista Date: 2/10/94 Prepared By: Sarnir M. Nuhaily, Civil Engineer Phone: 691 5171 Project Location: Otay Vallev Road. Phase III (Street & Limits) The limits extend from the northerlv ~iñp of ~hp nr~y ~iuø~ brid2e to the ütav Rio Subdivision. Project Length: 0.25 Miles (To Nearest 1/10 mile) Description: Proiect involves the widening of OtRV Rivp-r hrirl~p- from? to 1 l~np~ and installation of street imDrovements south of bridge. np-~;çn_ P-TIvironmentRl work. and ri~ht-of-wav acauisition work is reauired for this nro;ect. Ot;:¡v V;:¡11pv Road reQuires widenin2 in order to accommodate increasing trRffi~ flows from ongoing development in the Dtav Valley area. as well as the Gtav Mesa .::Inn Otay Ranch areas. 1) Provide design concept and scope Including aU capacity Improvament facilities and limits. 2) Either draw on revarse or at1ach figure showing before and after condition Including lane diagram. 1nf8rch8nge or ramp configuration, Int8rsection and trallic signal locations. etc. Estimated Cost: Funding Sources: Engineering: Federal Right-Of-Way 24,000 State Construction ')? Ii . 000 TransNet t;,t;() nnn Total ')';0.000 Local 1994 $ x ESC./Future $ (Check One) (identify convnItted funds with. asterisk) Schedule: Start Construction: 09 - 94 Open To Traffic: 06 - 95 (Month - Year) (Month. Year) .. ATTACH FIGURE WITH BEFORE AND AFTER CONDITION IF NEEDED" /øJ. -/0 - - ~-_.-.-.._---.--.--_._-- ........-..--------.-....-- TABLE 4 REGIONAL TIP PROJECT INFORMATION FORM Regionally Significant Capacity Increasing Projects Agency: City of Chula Vista Date: ?/10/Q¿" Prepared By: Samir M. Nuhailv. Civil Engineer Phone: ';Ql_C¡171 Project Location: Engineering Automation Proeram (Street & Limits) N/A Project Length: N/A Miles (To Nearest 1/10 mile) Description: This vro;ect provideR for c.10Re 'to fl1ll ;:I11t"nm:::¡t";('In nf the en2:ineering division over a three year period with the installation of 19 microcomputers. associated software. three printers. and hardware to connect to the Citv wide LAN and permit tracking system. The last vear of the proiect (FY 94-95) expands use of the Geographic Information System to additional engineering applications to integrate automated mapping. computer aided desieTI and draftinQ:. and geographic data management. 1) Provtde design concept and scope including all capacity Improvement facilities and UmIts. 2) Either draw on rev8tSa or attach figure s~lng before and _ condition Including lane diagram. Interchange or ramp configuration, Intllnlection and traffic signal locations. ate. Estimated Cost: Funding Sources: Engineering: 120.000 Federal RIght-Of-Way Stete 15.000 Construction TransNet 45,000 Total 120,000 Local 60.000 1994 $ x Esc./Future $ (Check One) (Identify oommItted funds with. asterisk) Schedule: Start Construction: 07 - 94 Open To Traffic: N/A (Month - Year) (Month - Year) .. ATTACH FIGURE WITH BEFORE AND AFTER CONDITION IF NEEDED" I~-I/ _ ~_..~_.",.____.,_..___"___ ,,______..__. __ _.___...._ "_"_..~..___ ··._._mm_'._ TABLE 4 REGIONAL TIP PROJECT INFORMATION FORM Regionally Significant Capacity Increasing Projects Agency: City of Chula Vista Date: 2/10/94 Prepared By: Samir M. Nuhaily, Civil Engineer Phone: 691 5173 Project Location: Broadway (Streat & Limits) Between Naples and Anita Streets Project Length: 0.85 Miles (To Nearest 1/10 mile) Description: Reconstruction/resurfacing of Broadwav between Navles and Anita Street, In addition, the project involves replacing existing medians wherenecessarv. Traffic signal interconnection and widening at Palomar Street to accommodate dual left turn lanes. A 2" AC overlay is recommended to bring the surface condition to a desirable level of service. Installation of missing curb and gutter is required to provide adequate drainage. 1) Provide design concept and scope including an capecity imp<ovament faciltias and UmI1s. 2) EIthar draw on rev"",e or atlach figure showing before and after condition Including lane diagram, i1terchange or ramp con1Iguration, i11ar8ection and traffic algnallocations. etc. Estimated Cost: Funding Sources: Engineering: 35.500 Federal Right-Of-Way 116 .500 State Construction 1. 956 . 000 TransNet 2.108.000 Total 2,108,000 Local 1994 $ x Esc.lFuture $ (Check One) (Identify convnltted funds with asterisk) Schedule: Start Construction: 07 - 95 Open To Traffic: 06 - 96 (Month - Year) (Month. Year) .. ATTACH FIGURE WITH BEFORE AND AFTER CONDITION IF NEEDED" /,).-/J- ~^ __ .O^"...____ _ --~---_._._--_.._..~._-----_._.~~_.- TABLE 4 REGIONAL TIP PROJECT INFORMATION FORM Regionally Significant Capacity Increasing Projects Agency: City of Chula Vista Date: 2/10/94 Prepared By: Samir Nuhaily, Civil Engineer Phone: 691-5173 Project Location: Main Street (Street & Limits) Between Industrial Blvd. and Fourth Avenue Project Length: 0.90 Miles (To Nearest 1/10 mile) Description: Widening of Main Street to its ultimate right-of-wav of 102 feet. Improvements will include curb, gutter and sidewalk installation 2" pavement overlay, installation of a landscaped median. Portions of Main Street have been widened as development or redevelopment of parcels has occurred. This pro;ect will widen those segments of Main Street which are not at the ultimate width. 1) Provide design concept and scope Including all capacity Improvement facilities and Umlts. 2) Either draw on reversa or attach figure showing befora and altar condition InckIding lane diagram. Intarchange or ramp configuration, inlaraaction and 1tsfIic algnallocations. ate. Estimated Cost: Funding Sources: Engineering: 60,000 Federal Right-Of-Way ]00.000 State Construction 3,000,000 TransNet 3,160,000 Total 3,160,000 Local 1994 $ x ESC./Future $ (Check One) (Identify committed funds with asterisk) Schedule: Start Construction: 07 - 96 Open To Traffic: 06 - 97 (Month - Year) (Month - Year) .. ATTACH FIGURE WITH BEFORE AND AFTER CONDITION IF NEEDED .. /.;, 13 ___._~."__._______.__ _m__~'___'___"_"_"'__'__'___"____""'___"__ TABLE 4 REGIONAL TIP PROJECT INFORMATION FORM Regionally Significant Capacity Increasing Projects Agency: City of Chula Vista Date: 2/10/94 Prepared By: Samir M. Nuhaily, Civil Engineer Phone: 691-5173 Project Location: Palomar Street (Street & Limits) Between I 5 and Industrial Blvd. Project Length: 0.25 Miles (To Nearest 1/10 mile) Description: Construction of the trolley station and develoument of nronerties on tributary streets have resulted in a substantial increase in traffic volumes on Palomar Street. This pro;ect consists of widenine existing rORfhJRV :mrl c.nn~t-r11('t'inp" 111 r;m;:¡t"p improvements to provide for four lanes of traffic.. Work will ;nrll1i!p ('()n~t"r11('t"inn of curb and gutter. sidewalks. street liQhts. AC nRvp.mpnt Rnn hRSP.. Thp. strppt- widening will accommodate the increased volume of traffi~ Rnd nrovinp. for SRfp.T. smoother traffic flow. 1) Provide design concept and scope Including all capacity implOVement facMItIes and limits. 2) Either draw on revarse or attach figure showing befora and after condition Including lane di8gram, Intarchange or ramp configuration. InI8rs8ction and trallic lignallocations. etc. Estimated Cost: Funding Sources: Engineering: 154,000 Federal RIght-Of-Way 400,000 State Construction 300,000 TI8IISNet 854.000 Total 854,000 Local 1994 $ X Esc./Future $ (Check One) (identify convnIttecl funds with asterisk) Schedule: Start Construction: 07 - 97 Open To Traffic: On - qR (Month - Yaar) (Month. Year) .. ATTACH FIGURE WITH BEFORE AND AFTER CONDITION IF NEEDED" 1~~/i - ----~_._.~---"--_.__.~_._...__._-----~---~._.,--,-_.._- TABLE 4 REGIONAL TIP PROJECT INFORMATION FORM Regionally Significant Capacity Increasing Projects Agency: City of Chula Vista Date: 2/10/'14 Prepared By: Samir M. Nuhaily. Ciyil Engineer Phone: Aql ,171 Project Location: "E" Street (Street & Limits) Between 1-5 and Broadway Project Length: 0.37 Miles (To Nearest 1/10 mile) Description: This ura; ect will add an RllX; 1 ; ;::¡rv 1 Rnp.. ::mnrnx;m;::¡t"pl y La.!)O fpp,t- long, along the north side of "E" Street east of the Interstate 5 north bound on-ramp The street reconstruction pro;ect also includes curb. Rutter. and sidewalk and drainage improvements. It will decrease congestion on "Ell Street because cars using the additional lane to make right turns onto the ramp will not be required to wait for a green light or be impeded by westbound through traffic. 1) Provide design concept and scope Including all capacity improvament f8cIIlties and MmIts. 2) Either draw on reverse Of attach figure showing before and after candItion Including lane diagram. Interchange or ramp configuration, In_tIon and traffic signal locations, etc. Estimated Cost: Funding Sources: Engineering: S:?1Q non Federal Right-Of-Way -0- State Construction $548,000 TransNet $767,000 Total $767,000 Local 1994 $ x Esc./Future $ (Check One) (identify committed funds with asterisk) Schedule: Start Construction: 07 - 97 Open To Traffic: 96 - 98 (Month - Year) (Month - Year) .. ATTACH FIGURE WITH BEFORE AND AFTER CONDITION IF NEEDED .. /.2 -/-> .----"- ~...-..._._----,--,._-_.._~-~".._-~._~.~- TABLE 4 REGIONAL TIP PROJECT INFORMATION FORM Regionally Significant Capacity Increasing Projects Agency: City of Chula Vista Date: 7/10/Q¿ Prepared By: Samir M. Nuhailv. Civil Engineer Phone: 691-5173 Project Location: Main Street (Street & Limits) Between Fourth Avenue and Hilltop Drive. Project Length: 1.12 Miles (To Nearest 1110 mile) Description: Widening of Main Street to its ultimate right-of-way of 102 feet. Improvements will include curb, gutter and sidewalk installation, 2" pavement overlav and instal1Rtion of R lRnn~rRppn mpn;Rn Portions of Main Street have been widened as develonment or redevelonmp-nt of parcels has occurred. This uroiect will widen those seqments of Main Street which are not at the ultimate width. 1) Provide design concept and scope including all CBp8City improvement lscillties and UmIts. 2) Ei1her cIr8w on rev"",a or attach figura showing before and altar condition Including lane diagram, InIsrch8ng8 or ramp configut'lltlon, In-.ctlon and 1nIIfic aignslloc8tions. etc. Estimated Cost: Funding Sources: Engineering: 600.000 Federal Right-Of-Way 100.000 State Construction 4.300.000 TransNet I) non non Total 5,000,000 Local 1994 $ x Esc.lFuture $ (Check One) (identify convnItted funds with asterisk) Schedule: Start Construction: 07 - 98 Open To Trøffic: 06 - 99 (Month - Year) (Month - Year) .. ATTACH FIGURE WITH BEFORE AND AFTER CONDITION IF NEEDED .. /~ .../¿, __.. .______.'''._ M_.__·."._.____n.___~~__ ,______._,__,.._~ TABLE 4 REGIONAL TIP PROJECT INFORMATION FORM Regionally Significant Capacity Increasing Projects Agency: Citv of Chula Vista Date: 2/10/94 Prepared By: Samir M. Nuhailv. Civil Engineer Phone: 691 5173 Project Location: Main Street (Street & Limits) Between Hilltop Drive and I-80S. Project Length: 0.85 Miles (To Nearest 1/10 mile) Description: Widening of Main Street to its ultimate right-of-way of 102 feet. Improvements will include curb, gutter, and sidewalk installation, 2it pavement overlay and installation of landscaped median. Portions of Main Street have been widened as development or redevelopment of parcels has occurred. This project will widen those segments of Main Street which are not at the ultimate width. 1) Provide design concept and scope Including all capacity Improvement facilities and UmIts. 2) Either draw on rev&nla or attach figure showing before and altar condition including lane diagram, interchange or ramp configuration, Inlsrosction and trslllc .Ignsllocstions. atc. Estimated Cost: Funding Sources: Engineering: 420,000 Federal Right-at-Way 100.000 State Construction 2.980.000 TransNet 3.500,000 Total 3.500,000 Local 1994 $ x Esc./Future $ (Check One) (Identify convnItted funds with asterisk) Schedule: Start Construction: 07 - 00 Open To Traffic: 06 - 01 (Month - Year) (Month - Year) .. ATTACH FIGURE WITH BEFORE AND AFTER CONDITION IF NEEDED .. /,;..../? ~,.--._- _.._-"._.__.~ -"-'~'--'--"--'- ~~f? ~..~~ ~-:;...~...... --- - ~ CllY OF CHULA VISfA OFFICE OF THE CITY ATTORNEY February 17, 1994 To: The Honorable Hayor and City Co~ From: Bruce M. Boogaard, city Attorney Re: Agenda Item 13 - Report from Charter Review commission Please receive and deliberate, if you desire, but defer final action on the attached report of the Charter Review Commission until the City Attorney is able to supply his independent recommendations on same after review with staff. BMB:lgk cc: John Goss C. R. Campbell J]-/-:-¿;µ 276 FOURTH AVE/CHULA VISTA. CALIFORNIA 91910/(619} 691-5037 ...... M."_~__·.·_·.~____m__'._~_._._._·._.. . _.._______~. COUNCIL AGENDA STATEMENT Item /J Meeting Date 2/22/94 ITEM TITLE: Report Forwarding Recommendations for Charter Amendments SUBMITTED BY: Charter Review Commission /- ~,_l.~'- C. R. Campbell, Chairperson '-' 4/sths Vote: Yes _ No..lL The Charter Review Commission hereby presents its recommendations to the City council for the placement of ballot items on the June 7, 1994 ballot. The Commission recommends the Council place seven measures on the ballot, two representing technical cleanup items, and five representing substantive proposals for change. The two technical cleanup items are: (1) A proposal to amend Charter sections 304(c) and (d) relating to the cost of living adjustment for the Mayor's salary and the service of a Mayor Pro Tempore; and (2) A large combined ballot item amending: · Charter sections 311(b) to delete the prohibitions against taking action to expend money at any meeting other than a regular meeting of the city Council; · sections 500(a) and 701(a) (2), (7) , and (8) to delete redundant provisions regarding new management classes in the Unclassified Service and add erroneously missing cross-references to Assistant and Deputy city Clerks; · section 501 to reorganize the existing language regarding the number and compensation of positions in City service being controlled by the Council by the budget; · section 602(a) with regard to not counting an appointment to fill an initial or unexpired term of two years or more towards service for purposes of the two term limit on boards and commissions; and /3-/ -..--_.~"_._----"~.~""_.+-~-.~------"-~..._.-,-_...,._...-. Meeting Date: 2/22/94 Page 2 . Delete the obsolete provision in Charter section 1014 requiring departmental trust funds. There are five proposed ballot propositions making substantive changes: (1) The first would amend Charter sections 500(a) and 701(a)(2) to provide two secretaries for the Office of Mayor and Council, rather than the existing one secretary. (2) The second would amend Charter sections 610 (b) and (d) and 702(d) to clarify the role of the civil service commission as the final decision maker with regard to disciplinary action for persons in the Classified Service and the Commission's lack of a role with regard to the employer-employee relations process and the retirement process. (3) The third is to amend the title to Article VI and sections 600-604 of the Charter with regard the role of committees, in addition to the provisions in the Charter already relating to the role of boards and commissions. (4) The fourth would make changes in Charter sections 602(a) and (d) to reduce the terms of Youth Commissioners from four years to two, and make a parallel change regarding half terms. (5) The final recommendation is to further amend section 602 (d) to eliminate the residency requirement for up to three of the nine voting members, and allow a quorum of the Economic Development Commission to consist of up to two non-resident voting members, in addition to three resident voting members. This report also presents the commission's analysis of and recommendations not to place certain measures on the ballot. Those include proposed amendments to: (1) section 300 relating to preferential voting; (2) section 311 (c) doing away with the need for the Mayor's signature on official documents; (3) section 305 to add a provision to prevent a gift of public funds; /:J~,.2. -- .---- -_.~ - ...~_._-_.-- .. ~._~-------... -,--.-"'-- - (4) section 308 to allow meetings outside City Hall; (5) Charter Sections 302 and 304(c) with regard to city Council/Mayor fringe benefits. Proposed ballot measures and the strike-out/underline versions of the proposed changes are set forth in the attached draft Council resolution. 1 BOARDS/COMMISSIONS RECOMMENDATION: Charter Review Commission: Accept this report. Accept the recommendations of the Charter Review Commission to place the seven measures to amend the Chula vista City Charter on the June 7, 1994 ballot as described above and discussed in more detail below. civil service commission: Concurs in placement on the ballot of the technical items concerning its powers. Youth Commission: Also recommends that the matter relating to their terms be placed on the ballot, but that the proposal to terminate eligibility to serve three months after graduation from high school not be approved. Economic Development Commission: Recommends that the item relating to the residency of some of their members, and quorum for their meetings also be placed on the ballot. DISCUSSION: MATTERS RECOMMENDED FOR PLACEMENT ON THE BALLOT A. section 304. presidinq Officer. Mayor. These are technical cleanup amendments to subsections (c) and (d) of Charter section 304 relating to the cost of living increase to the Mayor's salary and the circumstances under which the Mayor Pro Tempore would serve. The Commission has previously recommended the IThat Draft Council Resolution also contains a proposition to transfer the duty to sign all resolutions and ordinances approved by Council and other legal instruments and documents from the Mayor to the city Manager. That proposal is recommended by the City Attorney, but not by this Commission (as discussed below). I:;":] M _."~._ __.___n.____ ......._.__._________..._._...__.___...__ __ _ __.__ change with regard to the cost of living index, but the Council determined not to place that item on the June 1992 ballot. The current provision in subsection (c) is for an annual increase to the Mayor's salary "in an amount not to exceed the All Urban Consumers/All Items Component of the San Diego Metropolitan Area U (Broader Base) Consumer Price Index". The proposed change would clarify that by having it read "in an amount not to exceed the proportionate arowth in the All Urban Consumers/All Items Component of the San Diego Metropolitan Area U (Broader Base) Consumer Price Index since the date of the last adiustment", with no substantive change. The other proposed change to Section 304 relates to the duties of the Mayor Pro Tempore. The existing provision requires the Mayor Pro Tempore to perform the duties of the Mayor "during the Mayor's absence or disability", but does not speak to the potential death of an incumbent Mayor. The proposed amendment adds language clarifying that the Mayor Pro Tempore would perform the Mayor's duties under those circumstances as well. B. Section 31l. Current subsection (b) of Charter Section 311 authorizes orders for the payment of money by the City Council to be made only at regular or adjourned regular meetings, thus prohibiting Council action to order the payment of money at special or emergency meetings. Since the need for a special or emergency meeting frequently could require an order for the payment of money, the current provision seems unduly restrictive on the city Council's powers. Accordingly, the Commission proposes that subsection (b) be repealed, leaving the Council free to make an order or resolution authorizing the payment of money at any properly called meeting of the City Council whether regular, special, emergency or any adjourned meeting thereof. C. sections 500 and 701. This is another technical cleanup proposal. The existing Charter provides authority in several places for the City Council to create Assistant and Deputy Department Heads, Assistants to the City Manager, and other new management level positions in the Unclassified service by ordinance approved by a four-fifths vote. This proposal would delete that duplicative language from subdivision (a) of Charter section 500 and subsections (a) (2) and (7) of Charter section 701, while leaving that same authority in subdivision (a) (8) of Charter section 701. The proposal would also add reference to Assistants or Deputy City Clerks in subdivision (a) (2) of Charter section 701 which was erroneously omitted from the subsection. The Charter Review Commission also recommends a second, substantive 1:]- i ----..,.-.--------- . -,..__.._------.-_._----_._~- change, ballot proposition regarding subsection (a) of Charter Section 500 and subsection (a) (2) of Section 70l. The Charter currently provides in both places for one private secretary for the Office of Mayor and Council, appointed by the Mayor and Council collectively. The Mayor requested and the Charter Review Commission recommends that the Council place on the ballot for potential voter approval of one additional, second, secretary to the Office of Mayor and Council. The proposal is based on the assumption that the existing clerical position appointed by and responsible to the city Manager, but assigned to the front desk adjacent to the Mayor/City Council Offices would be deleted, and the Classified position replaced with an Unclassified position appointed by and responsible to the Office of Mayor and Council, under the daily supervision of the Mayor pursuant to Charter section 304, with no net increase in personnel assigned to the Officer of Mayor and Council. D. section 501. This proposal technically changes the title of the section and reorganizes the existing text, without any substantive change. The existing provision states that the city Council controls the number and compensation of all positions by budget action, unless otherwise provided in the Charter, and that administrative departments other than the Finance Department and Offices of Mayor and Council, City Manager and city Attorney, provided for in the Charter itself, may be created by the City Council by ordinance and perform such functions as the Council provides in such ordinances. The proposal retitles the section to recognize the section's provision for positions and compensation, as well as the creation of administrative departments, and breaks the existing text into new subdivisions (a) and (b) , emphasizing the Council authority over the number and compensation of positions by placing it first, rather than last. E. sections 600 throuah 604. Boards and Commissions. There are four separate proposals with regard to Article VI of the Charter relating to boards and commissions: l. The first is a hypertechnical correction (and therefore recommended to be included in a single ballot item with other technical cleanup items) in subdivision (a) of Charter Section 602. The current provision, recently amended by the voters on the June 1992 ballot, gives members of boards and commissions a maximum of two consecutive four year terms, but provides that appointment to fill an unexpired term or initial term of less than two years does not count as a term. It also provides that an appointment to fill an initial or an unexpired term in excess of two years shall be counted as a term. Technically, this means that if a person is appointed /.3-..> _ ______~.. _·__·.·__"__"m_.__.__,~.___.__.___...________. '"_~_____ to an initial or unexpired term of exactlv two years, neither provision is satisfied, and an interpretation would be required. Accordingly, the commission recommends that the Charter to be amended to delete the provision relating to "in excess of two years" and be replaced by the phrase "two years or more". 2 . The second proposed ballot measure is to change the title of Article VI of the Charter to refer to committees, as well as boards and commissions, and add substantive provisions to sections 600 through 604 describing the creation and powers of committees. The current Charter makes no reference to committees, and it is currently unclear whether a "committee" created by the Council is really a "board" or "commission" and therefore subj ect to the many requirements of the Charter. The proposal would clarify the status of committees in relation to boards and commissions and acknowledge their distinct differences from boards and commissions. The new proposed subdivision (b) of section 600 gives Charter authorization to the full city council to establish advisory citizens' committees. (It is based on similar language in San Diego city Charter section 43(b)). The proposed new section focuses the role of such committees by requiring that they can be created only for the purpose of advising on questions with clearly defined objectives; limits them in time, by requiring that they be "temporary in nature"; and does not allow their perpetual existence, because it requires that they be dissolved upon completion of the objectives for which they were created. It includes a provision to require the city Council include a "sunset" clause for all committees advisory to the City Council. This proposal includes recommended changes to both subsections of section 601 of the Charter relating to appropriations and compensation for boards and commissions. The amendments would reflect the existence of committees and thereby allow the City Council to make budget appropriations for the expenses of committees, and make clear that committee members serve without compensation, but may be reimbursed for traveling and other expenses, if authorized by the City Council. The proposal amends subdivision (a) of Charter section 602 relating to appointments and terms of members of boards and commissions, adding language to recognize committees and make clear that members of citizens' committees are appointed by and serve at the pleasure of the full city council and can be removed by majority vote. The proposal also includes changes to Section 603 to make clear that the public is allowed to participate in the proceedings of the advisory committees of the City, as well as its existing boards and commissions (except to the extent that /3"¿' .-...--.-.---..-.--- ._......._.__._-~----"'-_._---_.----._- closed sessions are authorized by the Brown Act); that action by a committee, like action of boards and commissions, can only be taken upon an affirmative vote of a majority of the entire membership; that the City Manager is required to designate a secretary to record the minutes of each committee; and that each committee is authorized to prescribe its own rules and regulations for conduct of its business, in the same manner as boards and commissions. It also provides that each committee, like boards and commissions, have the power to compel attendance of witnesses and examine them under oath and compel the production of evidence with regard to the conduct of the committee's business, if the City Council ordinance or resolution creating it so provides. Finally, the proposal also includes amendment of Charter section 604 to refer to committees and thereby give each member of advisory committees the power to administer oaths and affirmations in the committee's investigations or proceedings, if the City Council ordinance or resolution creating it so provides. 3. The Commission also recommends a third ballot measure relating to boards and commissions. This proposal would amend subdivisions (a) and (d) of Charter section 602 to reduce Youth Commissioner's terms from four years to two and a parallel provision regarding half terms. The existing Charter establishes four your terms for all commissioners, including Youth Commissioners. Youth Commissioners would be able to serve well into young adulthood, and long after their graduation from high school, in the absence of the proposed new language. The staff and Youth Commission itself, as well as the Charter Review Commission, recommend that the change to two year terms be made in order to account for the greater turnover among student advisors to the City on the Youth Commission and maintain the input of local, high school age students through that body. The Charter Review Commission agrees with the Youth Commission recommendation not to approve the loss of eligibility to serve when three months following high school graduation elapses. The Charter Review commission believes it is important for the youth (junior high and high school students) to be allowed to participate without the overwhelming influence of young adults in college or the work force. Simply reducing the terms from four to two years should solve any perceived problem. 4. The fourth and final proposed separate ballot proposition regarding boards and commissions relates to the Economic Development Commission (EDC). This proposal would amend subsection (d) of Charter section 602 to eliminate the requirement for three of the nine voting members on the EDC to be qualified electors of the city of Chula Vista, and allow a quorum of the EDC to include at least two non-resident voting 13-? .------+-- ,.-.-----.-----,...- ...-..._,_._---,..._.__.._-,.~.,----_._-.-..- members. Under the existing Charter provisions, all members of the EDC are required to be qualified electors of the City, that is, legal residents of the city of Chula Vista over the age of eighteen. This proposal would make a special exception for members of the EDC in an attempt to make membership more attractive to business persons who could substantially assist the Commission in its economic development functions by allowing them to be full voting members, rather than just ex- officio members without the right to vote. The proposal would also give Charter authority for a quorum of the EDC (five members) to consist of up to two non-resident voting members and still be able to conduct business. (Under Charter section 603, the affirmative vote of a majority of the entire membership is necessary to take any action except to adjourn, so all members present would have to vote to approve any action of the Commission under those circumstances). A minority of the Commission voted against this proposal, feeling the problem, if existing, deserved an across-the-board solution, rather than a special exception for the EDC. F. The Commission recommends a separate ballot proposition which essentially is a technical cleanup of the powers of the civil service Commission (CSC). Under the current provisions, it appears reasonably clear, but not without some doubt, that the CSC is the final administrative appellate body regarding certain types of discipline imposed on classified employees. The proposal would amend Subsection (b) of section 610 to make that absolutely clear, and be consistent with past administrative interpretation of the section. Under existing Subsection (d), the CSC is clearly given authority to "assist" in the employer-employee relations of the City, a function it has never exercised. Neither the civil Service Rules nor the Employer-Employee Relations Policy adopted by Council May 4, 1976 make any provision for a CSC role in that process. The amendment would delete reference to the employer-employee relations process as a function of the CSC. Thirdly, the amendment would amend section 702 to delete reference to retirement and make other clarifying non-substantive changes. The changes clarify the practice that the City Council, not the CSC, determine the content of those rules for classified employees, which the CSC then implements, and that the rules need not provide for retirement, since that subject is entirely covered by Charter section 800 (by contract with PERS) for all classified and unclassified officers and employees. G. section 1014. Departmental Trust Funds. The final commission recommendation is to place deletion of Charter section 1014 on the ballot (as part of the single ballot item with other technical cleanup items). Existing Charter Section 1014 IJ~r - - - - ...._._..._..__.___..__._ -.--"---'-..____..0_- requires the City Council to prescribe by ordinance for the creation of departmental trust funds for the daily deposit by department's handling receipt of city funds. The Charter further requires expenditures of such funds only upon written approval of the affected department head and the Director of Finance. The recommendation of the Finance Director and the Commission is to repeal the provision entirely because it is obsolete. The matter is one for the Council to control as a routine item in the formulation of the annual budget pursuant to Charter sections 1001 through 1005. The Director of Finance establishes such funds as are necessary and appropriate in accordance with good accounting procedures in carrying out the Council's directions with regard to the receipt and appropriation of funds in that budget process. It does not appear necessary to freeze the existence of a departmental trust fund into the Charter. Additionally, Charter section 504 makes the Director of Finance the officer primarily responsible for receipt and disbursement of all City funds, in addition to several checks and balances on the expenditure of funds found elsewhere in the Charter. Charter section 1005 requires monies in any funds to be expended only in accordance with an appropriation by the Council in the budget, or the budget as amended. Charter Section 1015 only authorizes the expenditure of monies in response to a presentation of a demand upon the Director of Finance, who determines whether the bill, invoice, payroll or other formal demand is legally due, and if funds remain in an appropriation against which the demand can be charged. Additionally, the Finance Department has internal procedures requiring affected department heads to approve, order or otherwise sign off on an expenditure of funds, whether called a departmental trust fund or otherwise, in accordance with good accounting principles. MATTERS NOT RECOMMENDED FOR PLACEMENT ON THE BALLOT The Charter Review Commission also considered, but does not recommend five other potential ballot proposals presenting Charter amendments to the people: 1. The Commission considered the Mayor's suggested "Preferential Voting" system but unanimously recommended it not be employed, based on staff's advice from the County Registrar of voters and potential vendors that no computer software currently exists to utilize it. 2. The Commission also considered potential amendments to Charter section 302 and subdivision (c) of section 304 with regard to City Council and Mayor fringe benefits. Based on staff's review of the applicable Charter provisions and conclusion that the provision of the Flexible Benefit Plan fringe 13''1 .-. -- - ----~-~-_.-..__.__._~-------_._._-~"---- ."'.,.,,--..,.---------.-- benefits for the Mayor and members of Council constitutes a form of Charter-authorized allowance to reimburse members for additional demands and expenses made upon and incurred by them, and that therefore no amendment was required, the Commission took no formal action. 3. Similarly, staff had proposed an amendment to Charter section 305 to place an affirmative prohibition against a gift of public funds in the City Charter similar to the one in the San Diego city Charter. Again, based on the recommendation of the City Attorney that the determination of whether or not to spend City monies is currently being made on the basis of whether it constitutes a proper public purpose or not, even in the absence of such a Charter provision; and that the addition of such a Charter provision would only generate a basis for litigation about whether or not such a use is proper, the Commission unanimously recommends that the Charter not be so amended. 4. The Charter Review Commission also recOnsidered potential amendment to section 308 to remove the constraint that at special council meetings not at the civic Center, no action can be taken by the Council; or otherwise amend the section to allow regular meetings outside of the City's civic center, but within Chula vista. This issue arose as a result of an inquiry by a councilmember at the city Council's January 25, 1993 goal setting session, but it was clarified that no members of Council were at that time interested in any change from Charter section 308 provisions. Accordingly, the Commission confirmed its May 21, 1991 unanimous vote recommending that the Council not change Charter section 308. 5. The Commission considered a request from the Mayor to consider a Charter amendment to give the Mayor authority to delegate his duty to sign documents. Subdivision (b) of Charter section 304 requires the Mayor to be the official head of the City for the signing of all legal instruments and documents, and subdivision (c) of section 311 requires the Mayor to sign all ordinances and resolutions approved by the City Council. The Commission unanimously recommends that the Mayor and council not amend the Charter duty to sign ordinances and resolutions, but that the Mayor and Council and City Manager examine the delegation of signature of other less important documents for which the Charter does not require the Mayor's signature, to the city Manager, department heads or the City Clerk, rather than the Mayor. It was further recommended by the consensus of the Commission that the Charter already provided for the Mayor Pro Tempore to act in the Mayor's absence, including the Mayor's duty to sign ordinances, resolutions and other legal documents, and that some understanding could be reached between the Mayor, Mayor Pro Tempore and the City Clerk which would allow the ministerial /3 '/0 ^. "-- ---_.._-----_.,._--"-----_.._--"_._--,--_.._."_."~._,--.-----. signature of either the Mayor or the Mayor Pro Tempore to be placed on the documents in a timely and efficient manner. FISCAL IMPACT: None by Acceptance of this Report. Council's acceptance of the Charter Review Commission's recommended ballot propositions will result in increased election costs, which will be addressed in the agenda item calling and consolidating the Municipal Election which will include any ballot items approved by Council. If the second secretary for the Office of Mayor and Council is approved, and the current classified position in the City Manager's Office providing service to the Office of Mayor and Council is deleted, there will be no net fiscal effect. None of the other recommended changes should have fiscal effects. (C:\A113\Charter.Rev) 13-/1 --.--.---- -- -.._-_..._---_._--_.._...~--_.__.._-- Page-1- ,temÆ Meeting Date 2/22/94 COUNCIL AGENDA STATEMENT Item Title: A. Resolution /7:J , ~ccePting and supporting participation in the International Council of Local Environmental Initiatives (ICLEI) Urban Carbon Dioxide Reduction Project and related Greenfleets and Cities for Climate Protection campaign. (I. Resolution I 73' B"'authorizing the execution of a contract with the California Energy Commission to accept $100,000 from Petroleum Violation Escrow Account state funds to be added to the City's Energy Conservation Fund, for the development of an Urban Carbon Dioxide Reduction Strategy and Greenfleets Local Action Plan and appropriating $100,000 in accordance with recommended budget. C. Resolution I?;l t¡ , executing a contract with the San Diego Association of Governments Local Technical Assistance Program for a total of $44,820 from the Energy Conservation Fund for the purpose of developing a Carbon Dioxide Reduction Inventory, Strategy and Implementation Plan, in accordance with the State of California PVEA funding guidelines and waiving bid process for contract with SANDAG to develop a carbon dioxide reduction and implementation strategy in conjunction with efforts to develop a Regional Energy Plan. Submitted bv: Barbara Bamberger, Enviroffiental Resource Manage~~ Reviewed bv: City Manager..J&t ~tJ 1µ'!J) (4/5ths Vote: Yes..!... No...) On November 5, 1993, the Mayor and Council received an invitation from the International Council of Local Environmental Initiatives (ICLEI) to join II other selected cities throughout North America, Europe and Canada to participate in an international effort to develop comprehensive planning tools for an Urban Carbon Dioxide "local action plan" and Energy Reduction Strategy. Participation in this effol1 will help the City comply with local guidelines for state Congestion Management Plan requirements, related requirements to adopt a land-use based trip reduction ordinance, and an employer-based trip reduction ordinance. ICLEI is an international association of over 100 member municipalities, funded by the United Nations Programme on the Environment and the Environmental Protection Agency's Climate Change program, and is affiliated with the International Union of Local Authorities. ICLEI's primary goal is to help local governments improve their capacity to address broad environmental problems on a local level. On December 7th, 1993 the Council voted to authorize staff to apply for participation in the Urban CO, Reduction Project's second initiative, known as "Greenfleets", focuses on developing detailed strategies for energy reduction in the transportation sector. Both projects have been developed tbrough the International Council of Local Environmental Initiatives (ICLEI). Consistent with the ICLEI invitation, The City has received $205,000 in grant funding from Petroleum Violation Escrow Account (PVEA) Funds, through tbe assistance of Assemblyman Connolly, of which $100,000 have been legislated to the City for the sole purpose of developing a carbon dioxide energy reduction strategy. Staff proposes to contract with SANDAG's -1- I ,/w / ...--.-.--..- -,._~- Page-2- Item 11 Meeting Date 2122/94 Local Technical Assistance Program to develop a baseline inventory of carbon dioxide emissions by sector within the city of Chula Vista and to develop a local action plan to reduce those emissions. If invited to participate in the Greenfleets Project, staff was directed to return to Council with a resolution demonstrating conceptual support for participation in the Urban Carbon Dioxide Reduction and Greenfleets projects, and provide recommendations on implementation, including the development of a project team including representatives from Planning, Public Works, and Engineering. The City was notified in January 1994 that it was selected as one of five cities in the United States, along with the City of San Diego, invited to participate in Greenfleets. In order to respond to ICLEI, staff has brought forward a detailed analysis of tbe benefits and requirements associated with participation in the two projects for Council review and action. RECOMMENDA nON: I. Accept participation in the Urban Carbon Dioxide Reduction and Greenfleets programs. 2. Approve $100,000 in funding from Petroleum Violation Escrow Account Funds, and execute agreement with tbe State of California Energy Commission for said funds. 3. Appropriate $100,000 in accordance with recommended budget. 4. Approve execution of contract with SANDAG's Local technical Assistance Program for $44,820 to develop an emission inventory and carbon dioxide reduction measures and waive the standard bidding process. 5. Appoint Council representative/s to liaison with lCLEl for Carbon Dioxide Reduction and Greenfleets programs and related worksbops. BOARDS/COMMISSION RECOMMENDA nONS: N/A DISCUSSION Staff has proposed participation in the ICLEI CO, and Greenfleets programs and appropriation of $100,000 in PVEA funds to implement the programs. PVEA funds are 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 Urban Carbon Dioxide Reduction Project is a 10 year effort to design and implement greenhouse gas reduction strategies in the major urban areas of the world. The first phase of the Project will develop a local action plan to reduce energy related carbon dioxide emissions. Carbon dioxide emissions are a direct indicator of energy consumption. The next phase will focus on implementation strategies in urban transportation. Staff, in coordination with ICLEI, proposes to use $100,000 in PVEA grant funds to implement an Urban Energy Carbon Dioxide Reduction Program and its related project, Greenfleets. The goal of this program is to reduce energy consumption, and carbon dioxide or greenhouse gas emissions, with a concentration on the most important sector, that of transportation, through Greenfleets. The City would develop and implement effective energy conservation strategies whicb will save energy and lower emissions of greenhouse gases by reducing the consumption of conventional fossil fuels. As part of this effort, the city will develop scenarios which forecast future energy use for the forecast -2- I 'I" oJ.. ---..--.----,-.-,.- -.'---.._------- ._~.__.,-_._._-_.._._._,._,-_.. Page-3- Item 1'/ Meeting Date 2122/94 years. Chula Vista will be the first city in California to comprehensively analyze and respond to California's contribution to climate change through energy conservation and consumption strategies, particularly in the transportation sector. In doing so, staff proposes to a) develop a municipal policy framework for energy and carbon reductions; b) assess the implications of reducing fossil fuel consumption and as a result, CO, emissions from present levels; and c) facilitate the growth of a network of local governments concerned about energy conservation and climate change. In order to do this, staff plans to inventory the City's carbon dioxide emissions from a variety of energy sectors, and follow the inventory with the development of policy tools to implement effective energy conservation strategies which will save energy and lower emissions of greenhouse gases by reducing the consumption of conventional fossil fuels. Staff recommends that Council appoint a representative to act as Council liaison to ICLEI and with staff, attend project workshops, and assist in the development of the Greenfleets program, including the formation of a task force. This representative could act as liaison to both Greenfleets and the CO2 Project or, if so desired, Council could appoint a separate representative for the Carbon Dioxide project. The findings of the Urban Energy Carbon Dioxide Reduction Program will lead to the establishment of municipal collaboration in the areas of energy efficiency, energy conservation financing, integrated urban transportation and land-use planning, and the sharing of information with other municipalities interested in developing similar programs. Staff Impacts In order to implement this project, staff proposes the development of a project team that would meet on a monthly basis, consisting of an appointed councilmember, staff from a variety of departments within the city, and include individuals within the community that could lend their expertise in energy conservation, transportation, air quality and integrated land use planning. This group would also work as the technical oversight committee reviewing the consultant's work over the first 5 months of the project. The Environmental Resource Manager would act as Project Manager. Much of the staffing needs will come in Phase II, after the completed consultant report, at which time the implementation phase of the C02 reduction program begins. Funding from the grant includes cost recovery for staff members from the following departments: Environmental Resource Management, Engineering, and Planning and Public Works. The Planning department will include the projects in its work plan, to be brought to Council shortly. Up to 5 months of staff time, or 95 person days, can be charged to the two projects for cost recovery for existing staff. This will cover the first phase and most of the second phase of the project, although additional work may be necessary. Staff will bring the project back to Council if significant staff resources, above and beyond the resources described above, are necessary. Clerical support, overhead costs, printing costs associated with this project, and an intern are covered in the grant. SANDAG LOCAL TECHNICAL ASSISTANCE PROGRAM CONTRACT In order to obtain the technical support necessary for this project, staff proposes to contract with SANDAG and its subconsultant, Criterian, who has been developing the Regional Energy Plan, to -3- 11'3 ___.._....._.....___n_ ______,.~,___~__.,__.___'__ _____,.,______.__u Page-4- Item 1'1 Meeting Date 2/22/94 develop a carbon dioxide reduction and implementation strategy for the City of Chula Vista, inventory energy sectors for the city of Chula Vista and develop local action plan recommendations consistent with the ICLEI Urban Carbon Dioxide and Greenfleets Project. Staff recommends waiving the bid process and approving a contract with SANDAG's Local Technical Assistance Porgram based upon the following benefits to the City: This study will provide baseline information critical to determine where reductions are needed, based on the energy consumption within the City, and what policy measures will be most effective in reducing energy and carbon emissions. The City will save a considerable amount of money by contracting through the Local Technical Assistance Program, due to the fact that the City will benefit from using raw data developed already for the Energy Plan and a custom developed geographical information system which will be used to model reduction measure impacts. Any consultant hired to develop this study would have to utilize basic information from the SANDAG database. In this case, the City will be subcontracting to the consultant that developed the energy database for SANDAG, thus the learning curve for a new consultant who would otherwise need to learn how to use the database and how to extract data specific to Chula Vista will be dramatically reduced, which reduces costs to the City by approximately $6000. Additionally, the subcontractor has developed a Geographical Information System based methodology for measuring energy and environmental consequences of the regional growth strategy. The benefit to the CO, and Greenfleets project by utilizing this system will be the ability to geographically simulate CO, emissions for every Traffic Analysis Zone, and analyze the potential impacts of reduction measures on specific neighborhoods within the City. The City will actually be able to utilize this GIS system as a land-use evaluation tool by evaluating the potential CO, impacts of every land-use or zoning change, down to the neighborhood level. This system was created for the Regional Energy Plan by the subconsultant and has been custom designed to run on SANDAG's arc information system, which the subconsultant will supply to the City if the GIS system is compatible. This tool will be given to the City to examine the emission impact of projects relating to traffic, buildings, infrastructure and development, and will forecast these impacts for any project. The cost savings for utilization of this system, which would otherwise not be available to the city for this purpose, and the fact that this system will be provided to the City, is approximately $10,000. Consultant travel costs will be cut by piggy-backing onto meeting dates when the subcontractor will be in town for SANDAG meetings, thereby reducing costs to the City by approximately $4000. Additionally, by contracting with SANDAG, Greenfleets and the Urban C02 Project will receive high visibility, and will become part of the review process for the Regional Energy Plan, which will be integrated into the Regional Growth Management Plan. Information obtained from this study will have benefits to the region as a whole, the results may be integrated into future planning efforts. The list of deliverables for the consultant contract are detailed in Attachment C. The following is a breakdown of tasks specifically related to the SANDAG contract: task I: baseline inventory development task 2: forecast future carbon conditions -4- Jr~ If __..~m__.'___~~_'__'__"_'____ ..... .....~___." ___ .____....__.__...___ Page-5- Item ¡If Meeting Date 2122194 task 3: identify policy measures and associated emission reductions, associated costs and human bealth impacts task 4: Prioritize policy options, related impacts on the economy and assess implementation costs task 5: Assemble draft document task 6: Public review and commnets task 7: amend/prepare final document FISCAL IMPACf The City has received $100,000 in grant funding from Petroleum Violation Escrow Account Funds that have been legislated to the City for the sole purpose of developing a carbon dioxide energy reduction strategy. The $100,000 will be placed in the City's Energy Conservation Fund. These funds will help recover staff time, pay for travel relating to workshops not covered by ICLEI, printing and copying, telephone costs, printing, membership to the organization, consultant contract, and related materials. This includes $14,573 for up to 2 months of staff time incurred for the Greenfleets project and $16,474 for up to 3 months of staff time for the Urban Carbon Dioxide Project. The SANDAG contract, for a total of $44,820 will also be paid from the Energy Conservation grant funding. It is not anticipated that any additional funds will be needed to implement the projects, although there may be a need to allocate additional staff time after Phase I of the project is complete. Total staff impacts are unknown at this time, although it is anticipated that the Project Manager will be spending approximately 15%-30% of total work hours on these two projects. If any costs arise that are unanticipated and cannot be paid through the grant funds, staff will return to Council with recommendations. Attachments: ~ Attachment A: Work Plan \ Attachment B: Budget ~ Attachment C Background Information ~ Attachment D: Contract between the City and the California Energy Commission Attachment E: Contract between the City and SANDAG Attachment F: Invitation to join the Urban Carbon Dioxide Reduction Program N9!.~~l> Attachment G: Letter from ICLEI for Greenfleets project and subsequent letter regar ing un Iß arrangements. NOT SCANNED :, -5- J¥~5" - ." "_._-_._._"--~_._._".__._._~~._--- - .."--_.,._-,~-_._._---_.__...".._._".,. ... ... ....--- FEB-1Ø'-'94 11:59 ID:CEC DEVELQP/'ENT DIV . '. 1151218 PØl :.,,~ l ~ ~ A- I" - Ii'! 1:1 p ~ ~ ¡ f ~~ ... ?'" ,.. '\I if L' III S~¡t~Jll of ~r iáii[ i~il nIt, lHi~ · ,,'1. ~l ~ I' _ I· ~ I l t it IU~lH . ì· t I} 8: f. ! ·1 '8 . Ii l i if '" If EiJ ~ 1 . 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So ~ ~ ~ tl t'f i ~ t ~ i~ 'I; ~ i i i i [i i = ¡ !- So So !-!- !- i! ~ So ~I J:I e ~ fl J: ~ ~ i ~ ~ S .. ! ¡;; § ~§- § ~ ~l ~1 Q It (" .¡ '= ~ s s : I ( /1/--1 ... - --_...-----~---,--~._-_..,...__.__._--_.._..... ,.._--_..----_._~----_.._._,- A ITACHMENT B URBAN CARBON DIOXIDE REDUcnON PROGRAM (280-2812) PHASE I-CO, Inventory and Strategy Development and Greenfleets Local Action Plan Development and PHASE II-Urban Carbon Dioxide Implementation Plan Object Description Phase I Phase II Total Account 5105 Hourly Wages 1,998 1,998 .16 Intern (I6hrs per week for 21 weeks) 5145 PARS for Intern 212 212 5201 Professional Services · Consultant Contract for CO, Inventory and Strategy 41,520 · Sub-Consultant Ralph T orrie and Associates 1,500 · SANDAG Contract Mgmt Fee 1,800 Subtotal 5201: 44,820 5212 Printing and Binding 1,000 1,000 2,000 , 5221 Travel· 3,500 --- · CO, Workshops 3,400 --- · Greenneets Workshops 6,900 Subtotal 5221: 5223 Membership and Dues · 2 year membership ICLEI 3,000 3,000 5252 Telephone and Faxes· 800 -6- ¡J./-/V ~-~_.,.__... --_.~._---_._-_..__..._-------_.- - ~--_...---~.-~- ----.- -_.-- . Object Description Phase 1 Phase" Total Account 5291 City Staff Services Salary +32% Benefits for: Traffic Engineer (IS dys @ $8,236) 4,118 4,118 Principal Planner (15 dys @ $4,118) 4,118 Environmental Resource Manager (40 dys @ $10,982) 4,118 6,864 Deputy Dir. P.W.-Ops.( 5 dys @ $2,219) 2,219 Associate Planner(20 days: $5,492) 5,492 Clerical Support'(3 dy/montb: $5,322) Subtotal 5291: 36,369 5298 Other Contractual Services' 416 . Computer Linkage to Internet 5325 Overhead' Up to 5% of Non-Consultant Contract Costs Allowed 2,485 5398 Other Commodities' 1,000 FAX Modem/Software TOTAL: 100,000 " -7- /t/-// "_'"'__"',"_"'_"M _._-- .__.._ ._," __~m__'" _ __..___ Benefits to the Oty for pæ1icipation in the CarlJon Dioxide Reduction Project · Cities which are currently participating have developed exemplary policies and practices in areas that relate to energy, waste mananement, and transportation. Chula Vista will have the opportunity, through their participation in future workshops, to learn innovative, effective policies and practices from other cities. · Assistance in meeting state congestion management plan and air quality trip reduction regulations. · Special expertise will be available to staff in a number of areas. For example, expert technical assistance will be available, at no charge, to pursue financing an energy efficiency retrofit program for the City, a project staff has been working on for the past year. · As a participant, Chula Vista will serve as an advisor to ICLEI's Cities for Climate Protection Campaign, ICLEI's broader effort to engage 100 cities in climate change abatement. · ICLEI will arrange and cover the expenses for the travel and hospitality of official participants in the project meetings. Expenses include hotel and meals, and in most cases, transportation. Expenses not covered by ICLEI can be paid out of the grant funding. · Develop a partnership between the City and other agencies and businesses, such as the local school district, large energy users, MTDB and other municipalities. · Representation in the Cities for Climate Change national press conference with EP A Secretary Carol Browner and President Bill Clinton. -8- It/-I:;" - --~-_._,..__..- . -- ------.-..---..--.- ..-..--. Requiremen1s of participation in Camon Dioxide Reduction and Greenßee1s Project · Local Action Plan. A resolution from the Council indicating it will make its best effort to develop, adopt and implement a local action plan. Develop an integrated, long-term strategic plan by May 1995, to reduce travel demand and transportation energy locally. · Staffing. The Council would be expected to designate a staff person to develop the local action plan and coordinate its implementation, working over the year with a committee drawn from the city's appropriate agencies. Recommended staffing and the anticipated time commitment is discussed in detail below. Staff would work with a project team, developed by the city, and ICLEI for the purposes of gathering data and developing a comprehensive plan over the course of the projects. · Policy Measures. Seek approval of the plan from the Council, eventually leading to reduction in emissions of greenhouse gases, as well as other emissions that contribute to local air pollution. · Upcoming Wooobops. The Council would be expected to send a representative/representatives to Project workshops, one workshop per year. The next will be in Copenhagen in May, 1994. All hotel and meal costs for two participants from each municipality will be covered by ICLEI. Funding from the PVEA grant would cover transportation and all additional costs. The City has been asked to participate in this conference. If the City participates, it will be the only city in the Southwestern region of the United States to participate, and will be the only small city (with a population less than 300,000) in the country invited.' · Oties for Dimate OIange. The Council would be asked to send an appointed member of Council to the 2nd Summit on Climate Change and the Urban Environment to take place in the spring of 1995. That conference will most likely be located outside the United States. Funding would come from the US EPA to cover travel of municipal participants from the United States. -9- /0/-/:3 ~m.""_..'.."'.._."._~___ ~ ~---"..,-_.,-,-- .. -------_.__..__.,._.~-,-~ BACKGROUND A'ITACHMENT C Carbon Dioxide (CO,) is an indicator of energy consumption. In April 1993, the SANDAG Board of Directors approved a policy acknowledging that CO, emission reduction is an issue of regional concern with potential adverse impacts on energy consumption and air pollution, ozone formation, health and economic impacts. SANDAG also commended the City of Chula Vista's attempt to develop a plan for this purpose, as is reflected in the following Board motion: "Local governments like the City of Chula Vista are taking the initiative in trying to understand the effects of C02 emissions and what actions may reduce them. These efforts should be supported and will be useful to the Energy Committee in developing its recommendations." In that vein, the City would serve as a model for SANDAG and coordinate with the appropriate SANDAG committees in pursuit of a comprehensive CO, Reduction Strategy. SANDAG has demonstrated an interest in utilizing the City's model, once developed, to apply toward a regional municipal policy framework for CO, reduction and facilitate the growth of a network of local governments concerned about climate change. HOW CO, AND GREEN FLEETS PROGRAMS HELP CITY COMPLY WfI1I STATE REQUIREMENTS Chapter 8 of the draft Regional Transportation Plan contains the state-mandated update of the Congestion Management Program (CMP) originally adopted by SANDAG in November 1991. The ICLEI projects will give the city a tool to help in the development of the following elements within the Regional Transportation Plan: I. Trip Reduction Onlinance: One requirement of the CMP is that all local jurisdictions adopt and implement a trip reduction ordinance. 2. Land use-based trip reduction onlinance: The County and each city, under the APCD Air Quality Plan and the CMP must develop a land use-based trip reduction ordinance based on the concepts contained in the draft land use distribution element of the regional growth management strategy. CO2 AND ITS RELATIONSHIP TO GREENHOUSE GASES Five naturally occurring gases are responsible for the greenhouse effect. These include: carbon dioxide, methane, nitrous oxide, tropospheric ozone and water vapor. These gases are part of a cyclical process in which they are transformed from gas to liquid and back again. For example, water regularly transforms from a liquid in rivers and oceans to a gas through evaporation. The cycle's complete when water is again transformed to liquid in the form of clouds or rain. Similar to water, other greenhouses gases also are transferred between land, -10- /If~ /'1 .. . ----- . _.__.".,-_...._-----~_.~,.,. the atmosphere and the ocean. For example, plants absorb carbon dioxide through photosynthesis. They store it in the life of the plant and release it again as a gas when they die and decompose. Carbon can be stored for long periods of time, in some cases, millions of years in the form of coal, oil and natural gas. When these are burned, either through the production of fuel, or as an end-use (such as a gas water heater) the burning produces the same carbon that has been stored. This carbon release has contributed to air quality impacts, energy impacts and have facilitated what is commonly known as the "greenhouse effect". URBAN CARBON DIOXIDE REDUcnON PROGRAM The Urban CO2 Reduction Project consists of a select group of cities committed to providing leadership at the local government level in the development of urban strategies for reducing emissions of carbon dioxide. Chula Vista has been invite into this group. With a particular focus on learning from the diverse situations and experiences of North American and European cities, the Project's membership includes Portland, Denver, Minneapolis, St. Paul, Dade County - Miami, the City of Toronto, Metropolitan Toronto, Helsinki, Copenhagen, Hannover, Saarbrucken, and Bologna. Each member city has both a technical and a policy team that have been working together to develop a strategy that fits the opportunities and the constraints of their community. These cities are able to assist each other in the development of analytical techniques and to share information on technical and policy measures that can be successfully utilized at the municipal level to reduce CO2 emissions. In the United States, CO2 emissions average 12.7 tonnes per person, over 50% higher than the 8.4 tonnes per capita average for the European cities. LOCAL GOVERNMENTS AND CLIMATE CHANGE The Urban CO2 Project of the International Council for Local Environmental Initiatives is a long term effort to design and implement carbon dioxide reduction programs in the major urban areas of the world. The Project is now completing Phase I, during which time municipalities have developed local action plans that are now being considered by the respective councils. Chula Vista will have an opportunity to create a local action plan, working with ICLEl's staff, in time to participate in Phase II of the Project. In this second phase, we will focus on developing more detailed strategies to implement Local Action Plans, particularly in the transportation sector. Chula Vista will benefit from the information and experience other cities have had in developing their local implementation plans. The City will receive assistance to develop the following: a) development of policy and technical framework for urban CO2 reduction based upon tested municipal programs b) the identification and/or design of accurate and affordable CO2 emissions modeling and monitoring systems for urban areas, c) the formal adoption of CO2 reduction plans by the participating municipalities. ICLEI has been conducting an unprecedented international collaborative project to quantify -11- 11·lf "._..._..__.~.--~.- ----~-_. -.--..--..------,.-...-..-.-.-.----.----.-.----.- urban energy use patterns and to identify and analyze opportunities for local governments to take policy, planning and program initiatives which can reduce the energy intensity and associated carbon dioxide emissions in urban environments. The results of the extensive research done through this project reveal striking correlations between the level of carbon dioxide emissions in a community and factors such as population density, land use patterns, transit system design, the use of municipal combined heat and power systems, and local building design. These factors, which are very often wholly or partly controlled by local governments, and which differ enormously between North America and Europe, North America being a much larger contributor than European countries, have long-lasting effects on the level of CO2 emissions. Long term reductions in CO2 emissions will only be possible if there is greater attention paid to urban energy patterns and if there is a much greater role for local governments in developing and implementing reduction strategies. Staffing Impacts In order to implement this project, staff proposes the development of an ad hoc project team that would meet on a monthly basis, consisting of an appointed council member, staff from a variety of departments within the city, and include individuals within the community that could lend their expertise in energy conservation, transportation, air quality and integrated land use planning. This group would also work as the technical oversight committee reviewing the consultant's work over the first 5 months of the project. The Environmental Resource Manager would act as Project Manager. Much of the staffing needs will come in Phase II, after the completed consultant report, at which time the implementation phase of the C02 reduction program begins. Funding from the grant includes cost recovery for three staff members from the following departments: Environmental Resource Management, Engineering, and Planning. Up to 3 months of staff time, or 60 person days, can be charged to this project for cost recovery for existing staff. Clerical support, overhead costs, printing costs associated with this project, and an intern are covered in the grant. GREENFLEETS ICLEI has also invited the City to participate in a 2 1/2 year initiative - Greenfleets - to develop model integrated policies that enable municipal leaders to assess a variety of policies to reduce local demand for travel and transportation energy. Other cities participating include: Chula Vista, California; Chicago, Illinois; Louisville and Jefferson County, Kentucky; Portland, Oregon; Prince George's County, Maryland; Seattle, Washington; Edmonton, Canada; Montreal Canada; Ottowa, Canada, Toronto, Canada, Vancouver, Canada, Rio de Janeiro, Brazil; Santiago Chile; Helsinki, Finland. The City of Chula Vista and San Diego have also been invited to participate and both cities have been asked to work together in some fashion to address issues of regional import, as it relates to this project. These issues range from policies in municipal operations to purchase more efficient or alternatively fuelled vehicles, for example, to measures designed to influence underlying travel demand. This is an international initiative that will involve 6 U.S. participants (two of which are composed of two municipalities, Chula Vista and San Diego including), and 5 Canadian and 1 European -12- pI-It. --------- -..-...--- and 2 South American cities in an intensive research and development effort, including on-site consultation, workshops, and development of an analytical framework and tools for assessing the energy and greenhouse gas emissions implications of local transportation policy. Green Fleets will seek to facilitate and integrate policy initiatives at four different strategy levels: · Leadership. Short-term measures to reduce transportation energy stemming from the municipalities' own operations, including direct reductions in energy consumed by municipal fleet vehicles and employee travel. · Vehicle Mileage Reduction. Short-to-medium term measures aimed at reducing vehicle miles travelled, including car/van pooling, dedicated bus and high occupancy vehicle lanes, and trip reduction ordinances. · Urban Form and Infrastructure. Medium-to-Iong term urban growth management measures that encourage higher population densities in tandem with higher job to housing rations and residential/commercial mix, as well as transit oriented development and new investments in transit, pedestrian, and bicycling infrastructure. · Economic and Financial Instruments. The use of economic and financial mechanisms to manage transportation demand. The U.S. EPA's Climate Change Division has provided funds for an initial six month pilot phase during which municipalities have been selected, initial research surveys and on-site consultations conducted, and a four to five day workshop held. The products of this phase will include: · a detailed work plan for the two year research collaborative · a municipal policy and practice manual on vehicle procurement and management and employee trip reduction policies; and · an analytical framework that includes inter-city transportation energy comparisons, a long-term research agenda, and specifications for a modest spreadsheet module designed to better quantify the underlying determinants of urban travel demand. The full two year project will commence June 1, 1994 and conclude May 31, 1995. REQUIREMENTS FOR PARTICIPATION IN GREEN FLEETS Participating cities will be expected to · develop an integrated, long-term strategic plan by May 1995, to reduce travel demand and transportation energy locally. · to seek approval of the plan from the Council, eventually leading to reduction in emissions of greenhouse gases, as well as other emissions that contribute to local air -13- JI/-17 -, ~-~'+'-"~--------'-""---'~-------'~"-'-'--- -.--- -- pollution. · assign staff to work with a project team, developed by the city, and ICLEI for the purposes of gathering data and developing a comprehensive plan over the course of the full initiative. Details are discussed below. · participate in the workshops, wherever possible. The first workshop will be held in early summer of 1994. ICLEI shares expenses for travel, hotel and meals for at least one representative from the city, other travel costs are included in the grant budget and would not be taken from the general city budget. It is expected that long-term shifts from automobiles to transit, bicycling, and pedestrian travel measures that are linked to a transportation energy reduction target - will be fundamental to the success of the plan. BENEFITS TO THE CTIY FOR PARTICIPATION IN GREEN FLEETS The City will receive several benefits from its participation in the six month pilot phase of the initiative. These include: · access to state-of-the art expertise and experience in transportation related energy · exchanges with leading transportation planners from Canada and Europe in an intimate workshop setting · free on-site consultation with expert energy analysts to develop a framework for analyzing the energy components of local transportation demand · case studies of model programs for trip reduction measures and municipally owned fleet conversion programs · assistance in designing such programs for the city · ability to realize cost savings in fuel purchases and lower transportation energy use Staffing Impacts In order to implement Greenfleets, staff proposes to work with the task force, and a Project team that will be developed as a subset of the C02 project team. The Project Team is proposed to consist of a small working group, with a broad base of representation, and include members of the Blue Ribbon Committee. The project team would include city staff, representative from the California Energy Commission, business, and environmental communities, APCD and Sandag. $14,573 has been budgeted to recover existing staffing costs relating to the planning and development of a local action plan. Up to 50 person days may be charged to this project. Additionally, clerical, overhead, printing and travel costs for staff and council members, when needed, have been budgeted. Because the City of San Diego will also be developing a local action plan, a determination will have to be made as to whether the Project Team should ultimately become a joint effort of the two jurisdictions or -14- 1'1- I ¡r "~._.___._."__.__,,,_,,._.~,_,_",___,_._"__._~~"~_".,__._--"_-"0 developed as two separate project teams, with a coordinated body overseeing the work for the purpose of consistency. It is currently unclear how involved San Diego will become in this project. Until a decision is made by San Diego City Council as to the level of commitment San Diego will pursue for this project, staff recommends moving forward with the development of a project team, while coordinating with City of San Diego staff. 1be following components oudine a process to pUl1lUe the proposed Uroan CarlJon Dioxide Reduc1ion and Greenfleets Program: A. Base-line enemy inventorv Using 1990 as a base-line year, the City will develop an inventory of baseline energy use and correlated carbon dioxide emissions produced as a result of this use within the City of Chula Vista. This inventory will be separated into the following categories: Primary: Secondary : · Automobile · Water heating · Residential · Air conditioning · Commercial · Appliances · Industrial · Space Heating Each category listed above will address the following items, where applicable: · Types of fuels consumed in Chula Vista · Effect of emission controls on transportation sector and power plants · Fleet age maintenance procedures · Combustion technologies used to consume the fuels Using this inventory, staff will develop scenarios which forecast present and future energy use and a correlated profile of carbon dioxide emissions associated with each energy use for the forecast years. As a result of these activities, the city will develop municipal policy and program options which will be used to adopt technological and administrative measures to accomplish this goal of reduced energy consumption/production and the related carbon dioxide emissions. Staff will create a program model that may be utilized by other cities in the State and will encourage regional participation in our efforts through participation from SANDAG. Staff will develop a menu of municipal policy options that have correlated emission reductions, which will be presented in a draft action plan to the Council. B. Methodolol!v The basic methodology for the CO2 Program is as follows: (1) Determine the amount of energy consumed by energy type for mobile -15- Jo/"/'7 _ _ -----_._",,-----_._--"--.-_._-_..._----,.-_.._----,._.-.---.-- sources using regional energy and transportation agency data sources (2) Determine the amount of energy consumed by each technology (3) Determine the percentage of technology type that has some form of emission control. If there is only a percentage of the technology that has a control, only that percentage should be identified as subject to emission controls in the determination of emissions (4) Multiply the amount of energy consumed per technology type by the correct emission factor (5) Emissions can be summed across all fuel and technology type categories to determine total emissions from all source related activities A report will be developed and brought to the Council which outlines sectors within the city and the related energy consumption and carbon emission contribution by major sector, percentage, and emission tonnage by energy sectors. c. Policv develoument Policy areas to be targeted for energy reductions include: a) Fuel Switching: analyzing energy power plants to facilitate fuel switching measures and promote alternative and renewable fuels b) Land-Use: exploring zoning changes which encourage development design patterns that may have long term effects on transportation energy use c) Urban Form: measures that enhance urban biomass which encourages low energy recreational activities d) Procurement: measures that require fleet vehicle procurement which includes high California Average Fuel Efficiency standards, promotes energy saving technologies and equipment, etc.. e) transportation: integration of land use and transportation planning that seeks to achieve significant reductions in vehicles travelled and promote clean fuel vehicles f) Urban forestation: measures that reduce energy consumption through landscape and shading techniques g) Resource management: measures that require energy auditing and waste management recovery projects. h) Utilities: develop policies to encourage increased investments in reducing energy demand and renewable energy sources in the residential, commercial, and industrial sectors. i) Market-based incentives: develop market-based incentives that will reduce in greenhouse gas emission reductions. -16- It/ - :20 _.._.__.+---_._--~~_..~---_.-.._----- _._.~ '--""-""- -'-"--'-'-"'-~"^ ----- c. Man3l!ement stratel!:V scenarios Staff proposes two approaches to develop a management strategy for energy and emission reduction. First, staff will address a supply-side approach which affects emissions from energy generation and includes the monitoring of carbon content from fuels used to produce energy, and mandates the relative efficiency of energy generation technologies. Second, staff will look at demand-side approach which encompasses looking at carbon emissions attributable to energy consumption. Recommendations for these two fundamental approaches will be developed and a menu of municipal policies will result that, when implemented, will enable the city to meet the targeted energy consumption and CO2 emission reduction goals. d. CaJbon emissions bv fuel soun:e Develop policy tools, in coordination with SANDAG, to address the fuel mix breakdown and power generation sources servicing the city of Chula Vista. DL Energy Savings: For example: 2010 Chula Vista % Energy Reduction Energy savings Energy Demands From CO2 Actions in 2010 from CO2 Actions (HHV) Residential 5.85 20% 1.17 Commercial 4.55 20% .91 Industrial 2.60 05% .13 Transport 18.20 20% 3.64 ---------------------------------------------------------------------------------------------------------------------- 31.20 HHV 5.85 HHV or (6.171 x 1O!2 Btu's) The program goal is a 20 percent energy savings from implementation of the energy reduction strategies. This correlates into an approximate 30+ percent reduction in CO2 emissions.! Because staff proposes to develop extensive research to determine potential energy savings on a sector-by-sector basis, it is difficult to gauge the precise energy savings at this time. However, we believe the savings will be significant as a result of extensive carbon reductions, which will only come about as a result of significant energy savings. Direct and indirect savings will result from the implementation of policies developed from this program, including but not limited to: encouragement of increased utility investments in alternative and 'Population and growth assumptions are based on SANDAG population and energy consumption figures, and are listed in higher heating values (hhv) expressed in petajoules. One petajoule is 1015 joules. Savings by sectors is based on a similar energy reduction and carbon dioxide reduction strategy in Portland, Oregon population -17- IJ/..J.} --_.-.~_..~-'~-'--'".__._._---_.__._-_._-_._.,---~-_._-.----- renewable fuels, substitution of high efficiency combined with heating/cooling and power for low efficiency electricity generated by power plants, integration of land use and transportation planning that provides indirect source control, infrastructure investments in public transit, car pooling, pedestrian friendly development, energy savings from water and resource management, energy conservation education and training, and urban forestation for greenscape shading and energy reduction purposes. -18- /0/-.2.2- _ m___._______. -+..._----- .. . ~ iiF i po -'= r.¡ := ~~~ ~:- ~~ 1- " 0 0 . 0 0 n r '" ffi _ 0 . o 0 ~ ~ l: =.'a.... a. n 3'> t.J ~ < -, 0 0 · . . . . . 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'" · . 3 '" ~ " g- "- n · , ~ ::. :I:r" S· 0 ~ · ,- · § a ~ ~... · n "- n 01. " · N _. · o " ,,"::, ¡;. !' , ~ 1- n ~ I .... ltl J .... ~ · '" , ¡¡. ~ 2- " "- "- ;¡o ~[ n . · · ¡;- n n .... n · · ¡; ;;0 · '" · '" ~ · Ë · t ~ > ~ ::t> i · ~ [I' ¡; " · "- · '" :> " " ;;. it z · · 6 ~ · 0 .,. ¡¡ x · ~ .. ~ '" " - ~ ¡;. '" ~ 0 ~ f '" ... '" ... ~ co <õ '" - - '" . " "- /o/~.J.~ iii ; ~ ¡;. ... Ii; .. ï:: r:::.. " > .. 1:1 .. ... .. t: .. !:~ I~ :; ~ ~ ~ - - .. ... ~ '" "" - ¡ - ~ ~ g¡ 8 g¡g¡ :is 8 ~ ~ ~ '" '" . ._~- ----_..__...~_._.--""-,._,_.._-_._-_..__.... ~Ttmuv, 0 TERMS AND CONDITIONS GRANT # 626-93-001 Funding for this grant was authorized by Senate Bill 314, Chapter 1159, Statutes of 1993. Jr-.;./' _.___...~_____._.__.__'u_.___.._.__."____ STA 1E OF CALIFORNIA CALIFORNIA ENERGY COMMISSION GRA··;T AGREEMENT ":ECI46(!to,MIII Tþis agreement is official notification of a grant award from the California Energy Commission. Tbe attachments listed below are incorporated as part of this grant agreement. RECIPIENT GRANT NUMBER The City of Chula Vista 626-93-001 ADDRf.SS TERM 276 4th Avenue, Chula Vista, CA 91910 (619) 691-5296 01/13/94-03/31/96 CEC PROJECT MANAQ£R PIIOHE Ezra Amir, California Energy Commission (916) 654-4517 ADDRESS 1516 Ninth Street, MS 45, Sacramento, CA 95814 I'ROJECTDESCRIPTION THE CITY OF CHULA VISTA URBAN ENERGY AND CARBON DIOXIDE REDUCTION PROGRAM The city will develop and implement effective energy conservation strategies which will save energy and lower emissions of greenhouse gases by reducing the consumption of conventional fossil fuels. CEC: $100,000 PROGRAM rlJNPTITLE SEC6(j)(5) CHULA VISTA C02 REDUCTION PILOT PROGRAM Petroleum Violation Escrow Account AMOUNT ENCUMBERED ITF.M I;"î~~ STATUTE 1"'''';'993-94 $100,000.00 853002-3360 1993 I'IJRI'OSEOf ~:)(PEND¡ruRE $N/A SB 314 Stripper Well Expenditure Plan #19 OPTIONAL USE $100,000.00 626-Q400 I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose stated above. earl the attachments to this agreement and will comply with the standards and requirements contained therein. CALIFORNIA ENERGY COMMISSION RECIPIENT S¡(iWATU~f.OfDf.pUTYDI~RïOIl. DATE AUTIIOlI.llEDS1(iWAlL'~E om N"ME PHOWl (91~1 WAME PHOWf. Don Wallace to54-5204 ^IT^C!lMEWTS TITLE 1. Terms and Conditions 2. Work Statement 3. Budget 4. Resolutions 5. Special Conditions 6. Project Management Manual 7. Federal OMB Circulars GRANT NOT SUBJECT TO DGS APPROVAL PER ATTORNEY GENERAL OPINIONS I ý.~ 7 Sl.lMto.4toL .._".~.._-~-_._--,----~...- GRANT TERMS AND CONDmONS TABLE OF CONTENTS GRANT AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 INCORPORATED BY REFERENCE ........................................ 1 OlliER CONDmONS ................................................. 2 DUE DIUGENCE .................................................... 2 FUNDING SOURCES - REQUIREMENTS AND RESTRICI10NS ..................... 3 Exxon Settlement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Stripper Well Settlement ........................................ 3 Warner Amendment ........................................... 3 State Energy Conservation Program (SECP) ........................ . 3 RESTRICI10NS ON FUNDS - SUPPLANTING ................................. 4 PRODUcrs ........................................................ 4 QUARTERLY PROGRESS REPORTS ....................................... 4 GENERAL TERMS ................................................... 5 AMENDMENTS .................................................... . 5 CONTRAcrs OR SUBCONTRAcrs ........................................ 6 CONTRACTING AND PROCUREMENT PROCEDURES . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 PERMITS AND CLEARANCES .......................................... . 6 TERMINATION .................................................... . 7 Event of Breach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 State's Option ................................................ 7 TRAVEL AND PER DIEM .............................................. 7 RIGHTS OF PARTIES ................................................ 10 PAYMENT OF FUNDS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 J tj -02.8" __.~_.__m______·__.,.,_,._"._.._.__,·_____u~·~ FINAL ADMINISTRATIVE REPORT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 AUDITS ........................................................ . 11 INDEMNIFICATION ................................................ . 11 NONDISCRIMINATION - STATEMENT OF COMPUANCE .. ....... .... .. .. ... .... 11 DRUG-FREE WORKPLACE CERTIFICATION ............................... . 12 DISPUTES ......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Commission Dispute Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Binding Arbitration ........................................... 14 WORKERS' COMPENSATION INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 STATEMENT OF ECONOMIC INTERESTS ................................. . 15 POLmCAL ACTIVITY UMITATIONS (HATCH Acr) . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 ¡if -;ì. Cj -- -~.._-_._~--_._._--,--- GRANT # 626-93-001 TERMS AND CONDITIONS 1. GRANT AGREEMENT This project is being funded with a grant from the California Energy Commission. Funding for this project was authorized by Senate Bill 314, Chapter 1159, Statutes of 1993, and consists of federal oil overcharge funds in the Petroleum Violation Escrow Account (PVEA). It is hereby understood and agreed that this agreement shall be governed by the laws of the State of California as to interpretation and performance. This agreement shall be signed and returned to the Commission within 30 days. Failure to meet this requirement may result in forfeiture of the award. 2. INCORPORATED BY REFERENCE This grant incorporates by reference the following: 0 Terms and Conditions, 0 Work Statement, 0 Budget, 0 Resolution of the Recipient Governing Body, 0 Resolution of the California Energy Commission, and 0 Project MalUlgement Manual. The Office of Management and Budget (OMB) Circulars checked below are incorporated as part of this agreement: X Common Rule for Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (10 CFR Part 600, Subpart E) - OMB Circular A-110: Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations - 10 CFR Part 600, Subpart B, Grants (Administrative rules for grants and cooperative agreements and subawards to other than state local, and Indian tribal governments) FEBRUARY 1994 1 /1/ -3P ----.-.. "". -----..-.. ....__.. ---..- GRANT # 626-93-001 INCORPORATED BY REFERENCE (CONTINUED) X OMB Circular A-87: Cost Principles for State and Local Governments - OMB Circular A-21: Cost Principles for Educational Institutions - OMB Circular A-128: Audits of State and Local Governments - OMB Circular A-133: Audits of Institutions of Higher Education and Other Non-Profit Organizations - OlliER: - NONE 3. OlliER CONDITIONS All other conditions and requirements specified in the Project Management Manual, and any federal, state, and local laws and regulations applicable to your project not expressly listed in this attachment are incorporated herein as part of this agreement. 4. DUE DILIGENCE The recipient is required to take timely actions which, taken collectively, move this project to completion. The Commission Project Manager will periodically evaluate the schedule for completion of Work Statement tasks. If the Commission Project Manager determines (1) the recipient is not being diligent in completing the tasks in the Work Statement or (2) the time remaining in the funding award is insufficient to complete all project work tasks not later than the project term date, the Project Manager may recommend to the Commission that this agreement be terminated, and the Commission may, without prejudice to any of its remedies, terminate this agreement. FEBRUARY 1994 2 I¿¡· .3/ ~_··~·..·__·~"_~'._.____".._'~.'_'M_".U___'_.______.._'_'"._____.. '_,',__ ... GRANT # 626-93-001 5. FUNDING SOURCES - REOUIREMENTS AND RESTRICTIONS It is understood and agreed upon by the parties to this agreement that: a. Funding for this agreement is subject to the approval of the United States Department of Energy and to any additional restrictions, limitations, or conditions imposed by the United States Department of Energy, federal law, federal court judgments, and/or federal agency orders which may affect the provisions or terms of this agreement. b. The Commission has the option to void the agreement under the 3D-day cancellation clause or to amend the agreement to reflect any reduction of funds. c. The funding source(s) and applicable restriction(s) checked below apply to this grant: - EXXON SETI1..EMENT Grant funds may not be used to reimburse indirect charges 1. X STRIPPER WELL SETI1..EMENT Indirect charges 1 up to 5 percent are allowed if included in the grant budget. - WARNER AMENDMENT Grant funds may not be used to reimburse indirect charges 1. - STATE ENERGY CONSERVATION PROGRAM (SECP) Funding for this agreement is approved as part of the SECP annual grant. This grant terminates on June 30 of each year and must be extended annually. Grant funds may be used only as approved in the California SECP. I Indirect cha~es are those incurred for a common or joint purpose benefitting more than one activity. Examples would be office space renta~ establishment and maintenance of the grant program, and preparation and maintenance of payroll and related wage records. FEBRUARY 1994 3 /'1-.3 J- .__.~-_.__.- ..--...... ---,-_._------ GRANT # 626-93-001 FUNDING SOURCES - REOUlREMENTS AND RESTRlcnONS (CONTINUED) STATE ENERGY CONSERVATION PROGRAM (SECP)(CONTINUED) Any projects included in SECP must submit an annual energy savings report as specified in the Project Management ManlUÚ. 6. RESTRlcnONS ON FUNDS - SUPPLANTING Grant funds may not be used to supplant (i.e., take the place of) previously budgeted funds for this project, whether recipient funds or funding from other grants. This includes budgeting for staff, contractors, or supplies. Funds may be used to supplement an existing budget. 7. PRODUCTS Unless otherwise directed, two copies of all products identified in the Work Statement shall be submitted to the Commission Project Manager. All products are subject to the review and approval of the Commission Project Manager. 8. OUARTERL Y PROGRESS REPORTS The grant recipient shall submit quarterly progress reports prepared in accordance with the format specified in the Project Management ManlUÚ. These reports shall be sent to- the Commission Project Manager and are due no later than five days following the end of the calendar quarter. Quarter Report Due January - March April 5 April - June July 5 July - September October 5 October - December January 5 FEBRUARY 1994 4 It{ - J; -~"--_._.~_.__._._. .-.-._-+--"..~~--------,---,._~_. GRANT # 626-93-001 9. GENERAL 1ERMS a. The recipient, and the agents and employees of the recipient, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of the State of California. b. Without the written consent of the Commission, this agreement is not assignable or transferable by borrower either in whole or in part. c. Time is of the essence in this agreement. d. Any report, brochure, or product produced as a result of work funded by this program shall not be represented to be endorsed by the Commission, and any documents shall include the following statement: LEGAL NOTICE This document was prepared as a result of work sponsored by the California Energy Commission. It does not necessarily represent the views of the Energy Commission, its employees, or the State of California. The Commission, the State of California, its employees, contractors, and subcontractors make no warranty, express or implied, and assume no legal liability for the information in this document; nor does any party represent that the use of this information will not infringe upon privately owned rights. e. The Commission reserves the right to use and reproduce all reports and data produced and delivered pursuant to this agreement, and reserves the right to authorize others to use or reproduce such materials. Each report becomes the property of the Commission. 10. AMENDMENTS All amendments to this grant agreement must have prior written approval from the Commission Project Manager and Grants and Loans Officer. FEBRUARY 1994 5 1'/-;1"/ . ., ...__.._----"---_._._,---~._.._--------------~--~-_.-....--------....- GRANT # 626-93-001 11. CONTRACTS OR SUBCONTRACTS The recipient shall submit any proposed contracts or subcontracts, except its standard employment contracts for personnel, and any substitution of contracts or subcontracts to the Commission Project Manager for approval prior to the recipient entering into same. The Commission Project Manager shall be notified before termination of any contract or subcontract Each contract or subcontract will contain a provision that further assignments will not be made to any third or subsequent tier contractor without the consent of the Commission Project Manager. The Commission Project Manager may require a contractor or subcontractor to demonstrate adequate staff resources. . All contracts and subcontracts over certain amounts must be bid competitively, and sole source contracts over certain amounts are subject to other criteria. The relevant amounts and criteria are specified in the OMB Circulars incorporated by reference in this grant and checked in Section 2. 12. CONTRACTING AND PROCUREMENT PROCEDURES The recipient is required, where feasible, to employ contracting and procurement practices that promote open competition for all goods and services needed to complete this project. The Commission will defer to the recipient's own regulations and procedures as long as they reflect applicable state and local laws and regulations and are not in conflict with the minimum standards specified in the OMB Circulars incorporated by reference in this grant and checked in Section 2. 13. PERMITS AND CLEARANCES The recipient is responsible for ensuring all necessary permits and environmental documents are prepared and clearances are obtained from the appropriate agencies. FEBRUARY 1994 6 /¿¡.....Jf' "--....-.-- ----,._----_..._--~-_._------_._-,---- GRANT # 626-93-001 14. TERMINATION This project may be terminated for any reason set forth below. a. Event of Breach In the event of any breach by the recipient of the conditions set forth in this agreement, the Commission may, without prejudice to any of its legal remedies, terminate this agreement upon five (5) days written notice to the recipient. b. State's Option The Commission may, at its option, terminate this agreement in whole or in part, upon giving thirty (30) days advance notice in writing to the recipient by certified mail, return receipt requested. In such event, the recipient agrees to use all reasonable efforts to mitigate the recipient's expenses and obligations hereunder. Also in such event, the Commission shall pay the recipient for all satisfactory services rendered and expenses incurred prior to such notice of termination which could not by reasonable efforts of the recipient have been avoided, but not in excess of agreement maximum payable. 15. TRAVEL AND PER DIEM For purposes of payment, recipient's headquarters shall be considered the location of the recipient's office where the employees assigned responsibilities for this award are permanently assigned. Travel expenditures not listed in this agreement cannot be reimbursed. Travel shall require authorization from the Commission Project Manager. Recipient shall be reimbursed for authorized travel and per diem on the same basis as nonrepresented state employees. Travel expense claims must be submitted on formally printed company letterhead and recipient must sign and date the travel expense claim before submitting the travel expense claim to the Commission for payment. Travel expense claims and supporting receipts and expense documentation shall be attached to the recipient's Financial Status Report. A vehicle license number is required when claiming mileage, parking, or toll charges. Questions regarding allowable travel expenses or per diem should be addressed to the Commission Project Manager. FEBRUARY 1994 7 /~/- 3¿, ._._---,._.~_.~._..._---_._-.-._.._--~-,. GRANT # 626-93-001 The rates listed below will be in effect for the term of this agreement, unless and until the state's per diem reimbursement rates for nonrepresented employees are revised. a. For travel necessary to the performance of this agreement, recipient shall be reimbursed as follows: (1) Travel by common carrier, airline coach class or equivalent, in accordance with receipts or vouchers verifying expenditure. Receipts must be attached to recipient's travel expense claim. (2) Travel by private or recipient-owned automobile at 24 cents per mile, or up to 30 cents per mile if accompanied by a signed certification stating, "For mileage reimbursement which exceeds the minimum rate, I certify that the actual cost of operating the vehicle was equal or greater than the rate claimed." The recipient is responsible for retaining sufficient documentation of expenses to support the rate claimed. If, however, travel by common carrier is more economical than by automobile, the rate for the common carrier will be reimbursed. (3) Travel by private car to and from the common carrier will be reimbursed at 24 cents per mile, or up to 30 cents per mile if certified as stated above. (4) Travel by rental car, if less expensive than taxi service. Receipts must be attached to recipient's travel expense claim. Note: insurance coverage is not reimbursable. The following companies must be used unless not available in the area in which you are traveling: Able Rent A Car, Alamo Rent A car, Budget Rent A Car, Dollar Rent A Car, Enterprise Rent A Car, National Rent A Car, or Thrifty Rent A Car. (5) Parking fees, taxi fees, and public transit fees may be reimbursed, without receipt, for any amount of $6.00 or less. Amounts over $6.00 must be validated with receipts for actual expenses. b. Per diem rates apply to travel more than 50 miles away from recipient's headquarters. The date and time of departure and return must be indicated on recipient's travel expense claim in order to establish appropriate per diem rates. Travel expense claims submitted for reimbursements of per diem FEBRUARY 1994 8 I~-:J? --"..,--_._--,-_._----~-------------- GRANT # 626-93-001 without date and time of departure and return will be reduced by the amount of per diem invoiced. Per diem is reimbursable as follows: (1) For a trip of less than 24 hours, recipient shall be reimbursed for actual costs up to the maximum allowance for breakfast, dinner, and lodging according to the following table if the recipient's travel time meets the criteria Dutlined below. Lodging expenses over $25.00 must be substantiated with a receipt. Breakfast Up to $ 5.50 Dinner Up to $17.00 Lodging Up to $79.00 plus tax Breakfast may be claimed if the trip began one hour before recipient's regularly scheduled workday. Dinner may be claimed if the trip ends one hour after recipient's regularly scheduled workday. Note: Lunch will not be reimbursed on a trip of less than 24 hours. (2) For trips lasting 24 hours or more, recipient will be reimbursed actual costs up to the maximum allowance for meals, lodging, and incidentals according to the following table for each complete 24-hour period, beginning with the time of departure. Lodging expenses over $25.00 must be substantiated with a receipt. Breakfast Up to $ 5.50 Lunch Up to $ 9.50 Dinner Up to $17.00 Incidentals Up to $ 5.00 Lodging Up to $79.00 plus tax For the last fractional part of a travel period of more than 24 hours, recipient will be reimbursed the authorized allowance for meals provided that the expense was incurred and the travel time meets the following requirements: Breakfast: may be claimed if travel terminated at or after 9 a.m. Lunch: may be claimed if travel terminated at or after 2 p.m. Dinner: may be claimed if travel terminated at or after 7 p.m. FEBRUARY 1994 9 1'1- :JY .... ._ __ . __ .._.____._.0.._.._______..____ .._-- GRANT # 626-93-001 16. RIGHTS OF PARTIES The Co=ission will claim no ownership in rights for inventions, data, or material produced or composed in the performance of this grant, however: 0 The Commission shall be granted a no-cost, nonexclusive, nontransferable, irrevocable license to use or have practiced for or on behalf of the State of California the subject invention(s) for governmental purposes. Grantor must obtain agreements to effectuate this clause with all persDns Dr entities obtaining ownership interest in the patented subject inventions, 0 The Commission shall be granted the use of the technical data first produced or specifically used in the performance of this grant, 0 The Commission shall be granted a royalty-free, nonexclusive, irrevocable, nontransferable license to produce, translate, publish, use and dispose of, and to authorize others to produce, translate, publish, use and dispose of all copyrightable material first produced or composed in the performance of this grant. 17. PAYMENT OF FUNDS The recipient shall request payment from the Commission as reimbursement. AU payment requests must be made in accordance with the requirements specified in the Project Management Manual. Funds in this award have a limited period in which they must be expended. The recipient must expend all funds prior to the approved project term end date. 18. FINAL ADMINISTRATIVE REPORT A draft administrative report shall be submitted to the Commission Project Manager no later than 60 days prior to the end of the project term and must be prepared in accordance with the format specified in the Project Management Manual. The draft administrative report will be reviewed by the Commission Project Manager. The recipient will incorporate comments and submit the final administrative repDrt (the original and two copies) to the Commission Project Manager prior to the end of the project term. FEBRUARY 1994 10 1'1-31 - _.._-_._~-,..._._---_.. -,--------,-,--.---..--,.----.-. GRANT # 626-93-001 19. AUDITS The Commission or any other agency of the state or the federal government reserves the right to make on-site inspections and audits of recipient's records during the term of this agreement and for a period of three (3) years thereafter. Upon written request from the Commission, the recipient shall provide detailed documentation of all expenses at any time throughout the project. 20. INDEMNIFICATION The recipient agrees to indemnify, defend, and save harmless the state, its officers, agents, and employees from any and all claims and losses accruing or resulting to recipient and to any and all contractors, subcontractors, materialmen, laborers, and any other person, firm, or corporation furnishing or supplying work, services, materials, or supplies in connection with the performance of this agreement, and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by the recipient in the performance of this agreement. 21. NONDISCRIMINATION - STA1EMENT OF COMPLIANCE a. The recipient's signature and dating of this agreement shall constitute a certification under penalty of perjury under the laws of the State of California that the recipient has, unless specifically exempted, complied with Government Code Section 12990 and California Code of Regulations, Title 2, Div. 4, Ch. S in matters relating to the development, implementation, and maintenance of a nondiscrimination program. The recipient agrees not to unlawfully discriminate against any employee or applicants for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age (over forty). t>. During the performance of this agreement, the recipient and its contractors and subcontractors shall not deny the agreement's benefits to any person on the basis of religion, color, ethnic group identification, sex, age, physical or mental disability, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, mental disability, medical condition, marital status, age, or sex. The recipient shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. FEBRUARY 1994 11 It./~'IP -.-, ----- .--..---,....... -. ...__.._.,-_...,._----~---_.,"--.~.~----,,-_._--_.._--..----- ._-_.._.__...,_._,_.~ GRANT # 626-93-001 NONDISCRIMINATION - STATEMENT OF COMPLIANCE (CONTINUED) c. The recipient shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.), the regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285.0 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2, ofthe Government Code (Government Code, Sections 11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. d. The recipient and its contractors and subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement e. The recipient shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perfonn work under this agreement 22. DRUG-FREE WORKPLACE CERTIFICATION By signing this grant, the recipient hereby certifies under penalty of perjury under the laws of the State of California that the recipient will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq.) and will provide a drug-free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations as required by Government Code Section 8355(a). b. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b) to infonn employees about all of the following: (1) The dangers of drug abuse in the workplace; (2) The person's or organization's policy of maintaining a drug-free workplace; (3) Any available counseling, rehabilitation, and employee assistance programs; and FEBRUARY 1994 12 1'1-1// " ~-"---_.---- _._._------_._----,----~- GRANT # 626-93-001 DRUG-FREE WORKPLACE CERTIFICATION (CONTINUED) (4) Penalties that may be imposed upon employees for drug abuse violations. c. Provide, as required by Government Code Section 8355(c), that every employee who works on the proposed grant: (1) Will receive a copy of the company's drug-free policy statement; and (2) Will agree to abide by the terms of the company's statement as a condition of employment on the grant. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both, and the recipient may be ineligible for award of any future state grants if the department determines that any of the following has occurred: (1) the recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above. 23. DISPUTES In the event of a dispute or grievance between recipient and the Commission, the following two-step procedure shall be followed by both parties: a. Commission Dispute Resolution The recipient shall first discuss the problem informally with the Commission Project Manager. If the problem cannot be resolved at this stage, the recipient must direct the grievance together with any evidence, in writing, to the Commission Grants and Loans Office. The grievance must state the issues in the dispute, the legal authority or other basis for the recipient's position, and -the remedy sought. The Commission Grants and Loans Office and the program Office Manager must make a determination on the problem within ten (10) working days after receipt of the written communication from the recipient. The Grants and Loans Office shall respond in writing to the recipient, indicating a decision supported by reasons. Should the recipient disagree with the Grants and Loans Office decision, recipient may appeal to the second level. FEBRUARY 1994 13 /J/-7"~ "...._.__._._------------~._.,-,-- -+.-- GRANT # 626-93-001 DISPUTES (CONTINUED) The recipient must prepare a letter indicating why the Grants and Loans Office decision is unacceptable, attaching to it the recipient's original statement of the dispute with supporting documents, along with a copy of the Grants and Loans Office response. This letter shall be sent to the Executive Director at the Commission within ten (10) working days from receipt of the Grants and Loans Office decision. The Executive Director or designee shall meet with the recipient to review the issues raised. A written decision signed by the Executive Director or designee shall be returned to the recipient within twenty (20) working days of receipt of the recipient's letter. The Executive Director may exercise the option of presenting the decision to the Commission at a business meeting. Should the recipient disagree with the Executive Director's decision, the recipient may appeal to the Commission at a regularly scheduled business meeting. Recipient will be provided with the current procedures for placing the appeal on a Commission business meeting agenda. b. Binding Arbitration At the option of the parties, binding arbitration of a dispute or grievance may be sought. Each party shall provide written notice to the other of an intention to exercise this provision. Both parties must agree to submit to arbitration. The dispute or grievance shall be resolved by a panel of three (3) experts in the particular field of dispute. Each party shall have the right to select one (1) panelist. If a party does not exercise that right within ten (10) working days after written agreement to submit to arbitration, the other party may select one (1) additional panelist. The selected panel will then select a third member. The panel shall set a hearing date, time, and place convenient to the parties within thirty (30) working days of panel selection. Each party shall submit a written statement to the panel and the opposing party which presents the issues and arguments to be presented five (5) working days before the hearing date. The hearing shall be informal with an opportunity for both parties to present their arguments. A court reporter may be present at the expense of the requesting party. The panel shall provide the parties with a written decision within thirty (30) working days of the hearing. This decision shall be binding on the parties. The costs of the arbitration panel shall be borne equally by the parties. At the option of the parties, these costs may be deducted from any balance of FEBRUARY 1994 14 ¡'I-¥:J ----.------_._-~-_.~---~_.__._~---_..._-------- GRANT # 626-93-001 DISPUTES (CONTINUED) contingent award funds. Both parties must agree, in writing, to utilize contingent award funds to reimburse the arbitration panel. 24. WORKERS' COMPENSATION INSURANCE Recipient hereby warrants that it carries Worker's Compensation Insurance for all of its employees who will be engaged in the performance of this agreement, and agrees to furnish to the Commission satisfactory evidence of this insurance at any time the Commission may request. Recipient hereby warrants it is either permissively self-insured or that it has coverage for the purposes of Worker's Compensation Insurance for all of its employees, and those of its subsidiaries, who shall be engaged in the performance of this agreement and agrees to furnish to the Commission satisfactory evidence of this insurance at any time the Commission may request. 25. STATEMENT OF ECONOMIC INTERESTS Recipient shall submit to the state a completed Fair Political Practices Commission Form 730, "Statement of Economic Interests" for each consultant directed by the Commission to file a statement. 26. POLmCAL ACI1VITY LIMITATIONS (HATCH Acr) a. Except for an officer or employee of an educational institution or system, as defined in 5 US.c. Section 1501 (4) (B), an employee or officer of a state or local governmental agency or subdivision, as defined in 5 US.c. Section 1501, which receives loans or grants funded by the United States or a federal agency, or which receives United States or federal agency funds as payment under a contract, may not: (1) Use or attempt to use his or her official authority or position to interfere with or affect the result of an election or nomination for office; FEBRUARY 1994 15 /~-~r -- .~ __...._. __~_ __.~._.__._.____.__._ ... . m~___.____._ --,-------~-~ GRANT # 626-93-001 POLmCAL ACTIVITY LIMITATIONS (HATCH ACI:) (CONTINUED) (2) Cause or attempt to cause a state opr local employee or officer to provide or contribute anything of value to any person or organization for policitcal purposes; or (3) Be a candidate for elective office except in a non-partisan election as defined in 5 U.S.c. Section 1503. b. Subsection (a)(3) of this section does not apply to: (1) The Governor or Lieutenant Governor of a State or a person authorized by law to act as Governor; (2) A duly elected head of an executive department of a state or municipality who is not classified under a state or municipal merit or civil-service system; or (3) An individual holding elective office. FEBRUARY 1994 16 ,. /1/- Y..> - -"-- -----,,----- ----- WORK STATEMENT This project shall be conducted in accordance with the Recipient's Stripper Well grant application as approved by the Department of Energy and this grant agreement. The Recipient's Stripper Well grant application is attached hereto and expressly incorporated as part of this agreement. In the event of a conflict or inconsistency between the terms of this grant agreement (and its incorporated documents) and the Recipient's grant application, this grant agreement shall be considered controlling. STATE OF CALIFORNIA ) \ STRIPPER WELL EXPENDITURE ')" "- PLAN NO. 19 ¿ \ \ TIIE CITY OF CHUlA VISTA URBAN ENERGY AND CARBON DIOXIDE REDUCTIO1\" PROGRAM 11/-'/1, 16A ----~- STATE OF CALIFORNIA STRIPPER WELL EXPENDITURE PLAN NO. 19 THE CITY OF CHULA VISTA URBAN ENERGY AND CARBON DIOXIDE REDUCTION PROGRAM A. PROGRAM OVERVIEW The city of Chula Vista. in coordination with tr,e San Diego Association of Governments (SANDAG) and the International Council of Local Environmental ínitiatives. proposes to use S100.000 in Stripper well funds to implement an ~rban Energy and Carbon Dioxiae Reduction Program. The goal of this program is :0 reauce energy consumption. ônd c2.rbon dioxlee (CO,) or greenhouse gas ~~issions. The city will deveiop and i~olement effective energy conservation strategles which will save energy and lewer emissions of greenhouse gases by c~auci~g ere consumption of cenventionai fossil fueis. As oart of this effort, t.re 0:::; ",11 develop scenarlOS whicn forecast future energy use and a ::rreiate: arofile of CO. ecnssions associated ,<,,',n eacn ~nergy use for the ::recas: i~ars. The city of C~ula Vista will be :re first city in California :0 comcrenensively analyze ana respona to Californla's contribution to climate :nange t·~ough energy conservation and consumotion strategies. In doing so, the Clty preposes to (a) develop a ",unicipai colicy fr2.~ework fer energy and carbon reductions: (b) assess the imolicationsof reduci~g fossil fuel consumption and as a result, CO, emissions from present levels; and (c) facilitate the growth of a network of 1 oca 1 governments concerned a!:out energy conservation and climate orange. The findings of the Urban Energy Carbon Dioxide Reduction Program will lead to the establishment of municipai collaboration in the areas of energy efficiency, ~nergy c:nservat i on fi nanci ~g. integrated urban :ransportat i on and land-use oiannlng. and energy consulting for munlcipalities across the country. -he fciìco,ng components outi~ne the crccess the c:ty of C~ula Vista will use to implement its Urban Energy and Caroon Dioxide ;eduction Program. I. Base-line energy inventory Using 1990 as a base-line year. the city 'oill deveiop an inventory of baseiine energy use and the correlated carbon dioxide emissions within the city of Chula Vista. This inventory will be separated into the following categories: Primary: Secondary: · Automobil e . Water reat i ng · Residential . Air conaitioning · Commercial . Appliances · Industrial . Space neating /'1- ¥? 16B ".- .__._--,._...,...__._-~- , . ."--.~--"- Each category fí sted above wi 11 address the following items, where applicable: · Types of fuels consumed in Chu1a Vista · Transport èÝass operating characteristics · Effect of emission controls on transportation sector and power plants · Fleet age aaintenance procedures · Combustion technologies used to consume the fuels. Using this inventory, the city will develop scenarios which forecast present and future energy use and a correlated profile of carbon dioxide emissions associated with each energy use for the forecast years. As a result of these activities. the city will develop municipal policy and program options which will be used to adopt technological and administrative measures to accomplish this goal of reduced energy consumotion/production and the related carbon dioxide emissions. The city will develop a program moael that may be utilized by other cities in the State and will encourage regional particioation in our efforts through :artlc1eation from SANDAG. , :'etheco logy The basic methodology fer the city's Progra~ is as fellows: (a) Determine the amount of energy consumed by energy type for mobile sources using regional energy and transoortation agency data sources. (b) Determin@ the amount of energy consumec by each technology. (c) Determine the percentage of technology type that has some form of emission control. ¡f there is only a oercentage of the technology that has a control. only that percentage shoul d be i dent i fi ed as subject to emission controls in the aetermination of emissions. :d) :.iU it i ply the amount of energy consurëec per tecnno logy type by the correct @miSSion factor. (e) Emissions can be summed across ail fuel ãnd technology type cãtegorìu to determi ne total emissions from ã il source related activitìu. A report will be developed which outlines the city of Chula Vista's energy consumption toG carbon emission contribution 0.'1 major sector, percentage, ãnd emission tónnage by energy sectors. 3. ?olicy development Policy areas to be targeted for energy recuctions include: (ã) ruel SwUching: ãnalyzing energy pewer plants to fãcil itate fuel switchì~ measures and promote alternãtive and renewable fuels. 1'1' fy 16C -.. ..._-,,-.....- -- ----~ - - --- -- ------- (b) Land-Use: exp 1 ori ng zoni ng changes whi ch encourage development design patterns that may have long term effects on transportation energy use. (c) Urban Form: measures that enhance urban biomass which encourages low energy recreational activities. _ (d) Procurement: measures that require fleet vehicle procurement which includes high CAFE standards, promotes energy saving technologies and equipment, etc. (e) Transportation: integration of land use and transportation planning that seeks to achieve significant reductions in vehicle miles travelled and promote clean fuel vehicles. (f) Urban forestation: ~easures that reduce energy consumption through landscape and shading technioues. (g) Resource management: ~easures that require energy auditing and waste ~anagement recovery projects. (h) Utilities: develop policies to encourage increased investments in reducing energy demand and renewable energy sources in the residential, commercla1, ana industrial sectors. (i) Market-based incentives: develop market-based incentives that will reduce in energy consumption and greennouse gas emissions. 4. Management strategy scenarios The city will look at two approaches to develop a management strategy for energy and emission reduction. First, the city will address a supply-side approach which affects emissions from energy generation and includes the monnoring of carbon content from fuels used to produce energy, and manaates the relative efficiency of energy generation technologies. Second, the city wi 11 aadress a demand- side approach wh i ch encompasses looking at carbon emissions attributable to energy consumption. Recommendations for these two fundamental approaches will be developed and a menu of municipal policies will result that, when implemented, will enable the city to meet the targeted energy consumption and CD, emission reduction goals. 5. Carbon emissions by fuel source Develop policy tools, in coordination with SANDAG, to address the fuel mix breaKdown and power generation sources servicing the city of Chula Vista. /',ll? 16D -..-..--.." -.--..-- --.--."......-.,..,.. .,',. --_.,._--------_._~---_.~_._---.--- B. ENERGY SAVINGS Estimated % Energy Reduction Energy Savings Chula Vista from Program from Program Enerav Demands Imolementation Imolementation Residential 5.85 20 1.17 Commercial 4.55 20 .91 Industrial 2.60 5 .13 Transport 18.20 20 3.64 31.20 HHV' 5.85 HHV or (6.171 X 10· Btu) The program goal is a 20 percent energy savings from implementation of the energy reduction strategies. ;his correlates into an approximate 30+ percent reduction in CO, emissions. Jirect ana indirect savings w,ìl resuit from the implementation of policies 8eveiooea from this program, ~~cluding out not l'~ited to: encouragement of increasea utility investments in alternative ana renewable fuels, substitution of high efficiency combined with heating/cooling and power for low efficiency electricity generated by power plants, integration of land use and transoortation planning that provides indirect source control, infrastructure investments in public transit. car pooling, pedestrian friendly development, energy savings from water and resource management, energy conservation education and training, and urban forestation for greenscape shading and energy reduction purposes. C. PROGRAM FUNDS AND MILESTONES The orogram budget is 5350,000: S100.000 in Stripoer Well funds and 5250,000 in leveraged funds from the city of Chula Vista's Energy Conservation Fund. The city's Energy Conservation Fund was established to fund programs which reduce energy consumpt i on and air po 11 ut ion. and to promote a lternat i ve modes of transportation. 1. Execute grant between the California Energy Commission and the city of Chula Vista (January 1994). 2. Deveiop base-line energy inventory by energy sector (January - February 1994) . 3. Forecast future energy conditions without Urban Energy and Carbon Dioxide Reduction Program (January - February 1994). 4. Estimate impacts of energy and carbon emission measures (February - March 1994) . 'HHV: Higher Heating Values. /',fp 16E -~---,.__._..- -- -~-- 5. Formulate pol icies for desired impacts (February - April 1994). 6. Formulate detailed implementation measures (January - April 1994). 7. City Council and public review and approval process of measures (May - July 1994). 8. Select and implement preferred measures (August 1994 - March 1995). C. RESTITUTION/TARGETED POPULATION California has received in excess of 5375 million in PVE funds. These funds allow California to finance a variety of programs which provide restitution and energy conservation benefits to its citizens. California has developed a well balanced and multi-faceted PVE program which benefits each of its economic sectors. óxpenditure of Stripper Well funds for t"e City of Chula Vista Urban Energy ana Carbon Dioxide Reduction Program wi 11 not only benefit those citizens ~f the Clty of Chula Vista. but also citizens of Oloer municipalities wnich can :enefit from Chul a Vi sta' s exoeri ence. This ;:,oject will be monitored by SANDAG. ônd may become part cf the SANDAG Enersy Pl annl ng Process, as one element of its regional pl an to be adopted :! the 12 member agencies, benefitting over 1.5 million citizens. D. PROGRAM AUTHORIZATION Thi s project was approved by the Legi sl ature and Governor of the State of California in Senate Bill 314, Chapter 1159. Statutes of 1993, and is in compliance with the Stripper Well Settlement Agreement, Case M.D.L. No. 378, Section II.B.3.f. E, COGNIZANT AGENCY/CONTACT PERSON The cognizant agency for this orogram is the California Energy Commission. The administrative contact is Susan Aronhalt, Administrative Services Division, (916) 654-4204. F, CERTIFICATION In preparing the State of California's Stripper Well Expenditure Plan No. 19, th, ,,,to h.. com,li" with ,11 th, to"" ,,' ""lt1,,, V' 'h, Stripper Well Settlement Agreement, Case M.D.L. ~o. 378. D,t" ,:. ,- 9:; ~RGY RE;:zJCD'SERVATIDN AND EVELOPME L!SION I . . 1'f~.$"1 16F - ----..----..--.-----., --~---_._-~---_.- ~ 0 I :iI .; .. s 11 s s 13 i s i 5 - h. I .... - .. ., ! ¡ ';';þo, 11 æ], . .s - . "'è!: ...5.¡; -= Ii ",., :!U.¡;.. ¡- "01: ... ~i .s ¡ .2 <"'IS ~¡ 0.s ~ 8 j~ H!j 8 j... 8! 85~ 8_ 1 I !' L ~ 1.: 1 I ~U]1 ~~ .2 ",'" ~~f·ph 1; La. I-a. tl!! i! ~i 18h1l11 H ...2 'õ ! ~ i ~ '" ~~ JJ.5.~~ .¡ ",'2u, ~ S æ'~ q ~ n·¡; '''1{JJ ¡;; ~.¡; . ~ :8 ~ 5 ~.! iJ o~o ã[!' :a ~ s:: _::I c:: · u, 5 S 8 S ,g ° n s Ii:¡¡~,g ~.!'. .5 u.¡ U t ~ · ~ ° . ~ i> o ¡ 1 g.. . r'J!l1 ~.¡;.; '" ~ ~ .8.. ",i u 1 8 '2 H : 'õ.;t! !;J~ f1~1 - i '" ,g u - If 2 £: = - 1! ~õ~] ¡o.~ ~~8J ] _ ß ~ oS oS foo - cS uS 0 ~ i i ~ H i KO.S ~j~1" .5.~ ~ b~. ~.G'S ~ ~õi> ~g] ]... .5 æ JJ 8 s n · oJJ]'; q.~ t -; ~ .5 8 i jJJ ~ 1~~~~ !II~~ ]~ ~ ~ ._ 8.2 = -~ '2 ~ ']' ~.; ° 1 S 11 d'~ I; ~ h.sp h..~", ~_ uõi :š ~S'Ui- Ë ~118i 11~!] ~tj~j~ ~~ i ~ 1:1; if ';; J ~ ï ,g šil~ £ f n I~ .~.g-'õ_.-s I ;gJI~ Jï..¡ Ii' 1~ III s:: 0 .9 m . Ii";; nl~!~i 1~ ~ ~]a':¡ JJ~1!", . a.~1 j~] _ ~ _o.I~1 _J "'- 11!."'· -~ .¡ I j1~~1 fIlii J~~~ j~~~~~ o:¡. . 51 ur - ,§ w ..- _ '" J! j.. u 8~ ~ P . ] H f ~~ Æ · .d :~ ]..d Ù 1¡ - ..: It! 1 1,/-,5.).. ~ 1 . .. .. 17 - ---._._._---~-"-_."----_._--'_._._-_.-._--" ¡ ¡ .II .II Iii .II .II B i i ~ ~ I~ h ~ ~ ~ I~ ~ ~ ~. I;; . ~;~; ~: : i ~ ~ U ~ ~ ~ E!! .11II III ... 15 Ì! Ì! Ì! Ì! Ì! Ì! "' "' "' g¡ g¡ ~ i i i B ª ~ ~ g & I æ " ! ~ ~ ¡ ~! ~ ~ ~ ~ ~ ~ ~ ¡J!: 1!~ .j j~ ,¡¡¡ ~] ~~ ~ JIB ~ 8 * ." 1!S.s .j~'2J~ ~ P Hh-æ ~ ~g~ 8UE~ ~ ~~f S!~·~ æ ~F i~~]l I ~ .Ii...! -!.2H 1 ,¡¡ a!~~ jjrj~ ~ ¡ K~..E ! ~a8 s * ,88!~ ]i~j],8 ~ ..~~ lea)s J", ~ =~?: '2' ~sJ ~ ~ d do;!!! z·1 ¡; -,!! ! ." l> l>~~,8 f>h~a 2 '!1 ~ Õ ¡ . DB ",,g-e- ('q,;;"" a::: ~IS~ =~¡~~ ~! g¡ '!1.j o a::: I:c .2 0 - ¡ ~ J.~~ i~~~!~ j ~ Š s i l> ~1I~8 ai"'Sli ~ ~ f ." f .8 ,8 S.g,.¡ ! S ~ ~ ~ ã o 8' 1 ] ~ ,§ 8 ¡, " Sj~= j_~¡ ~ ~ ~ ~ ~ .~ a ~ ~ ~ 0. i .II 0. ~ " ¡ ~ t ~ š ~ ~'IS: s! ¡ j IJ~i Jil~j! i ) ~ I; ~] j I d I ~ ~ ~ ~ i ~] oS iii .d ~ Ù -d U2 "" 1:1 ':I,¡ A ù I j ~ j /1f~3 19 ,_....~---------~"-"_."---_._.~------------- ;==; 8 '". ¡¡¡ ~ ~ ¡)¡ .." ..; - ¡ -.... s i ~ ~ S . , " , ' , , , , I ~ , i II I, ~ , . '! I.- . ! 1 I. ... ~ h ~ I~ . .. I .... ~ a ~ . . . . " ¡ . o _ . , ,. '. . '1 '. . . i ¡ ¡¡ . 11 11 ~; . i ¡ ! ~ .¡ " . ~ ~~ ~ò!: ~ ~ '" !!is 1!.~ ~ ~ a ~ _ ~ 8! 8 , o , os ~ z 1 .' i... . , ' ., ., 'I !) , " .1-'1-10 {-! I· ì 1i,¡U'111¡ 'I ' . I ¡·..·bl.. '. t 1 . !.!¡jt¡!HI II . I , ~ ~ 0!2 iio.oH.Hl As ð 1. hHHihh _ I I .,!i~.bO ~ ~ ~ ~ ' " 1 ! i'~' i.!] ,I Iii j" I ';'.J iI ....0 ¡¡!~ ....Ii ~ ]~¡;; '" ~ HH hH U1 ! I L !HH 'th. ". 1. '. .. >".. ~ ~~~~ Ja~1 ~~~ ~ I 8~ I~¡i~ So- JI] ~ ~o iI u-Is ¡ 'O¡ ,·Ii '¡I i! 1, J'" · II,. "I' I" · I ,. 1-1-' ! ¡'" H'~, '1. '- l' 1'8IJ .' "i' .'I~. "1 " P 'J;' ¡ ]~~~ ;~~H 'n~ .I ~ ..I~ H~jt ò! u!.5§ .¡;=.¡;~.: .2&. ~.. .!;O !;oF. ~ ~ i~IS ",8.~H 1J~ ~ i u ¡usia j 11. J¡:ti ¡:i 1 ~î i~ ¡iljA ¡ j ~ ~I~~ ~JJ'i~~ ]~t~:§ I: 11 _ I !tj1~ 8 J o O'¡¡J!I s ~ui!. J!I ~ ~ .iI Ii a ¡¡8~ 0 J o.;J 11.., ·{li· j J oJ , . '$18¡ J ~ ¡ 1 iJ'R Hill. i·¡~ L J: ! II! 1 h~ti.~ ~ 8 I iti: iiþ t!!¡ H '11 t, ! j hH1; ! € i J:3 tH~~ lh;~ :!!a.¡;~ .Ii ~Æ H ~ ~ :~Hif ~ ~ ~ . :!!:;:ao.- Æ ].!! ~ ::O]~E.Q" :0 OJ¡:~.:! _u ~ ,. .... 1i i /U,5'V · · A . t t . .. ,_ 7 - '5 .... .. ..; '5 18 . - - BUDGET Salaries and Wages $ 29,762 Benefits $ 8,817 Travel $ 6,900 Consultant $ 1,500 Contractual $ 43,320 Supplies and Equipment $ 4,216 Other ($3,000 Membership, $2,485 Overhead) $ 5.485 TOTAL BUDGET $100,000 . /'1-55" 20 --~-_.~--_..~_.._...._._._._--_._~.__.._-------~----_.-.----.--...-..-.-- BUDGET FOR URBAN CARBON DIOXIDE REDUCTION PROGRAM PHASE 1 1. C02 INVENTORY AND STRATEGY DEVELOPMENT SANDAG CONTRACT MANAGEMENT $1,800 Ralph Tonie and Associates· subco~ct $1.600 task 1: baseline inventory development $8400 task 2: forecast future carbon conditions $5040 task 3: Identify policy measures and associated emission reductions, associated costs, and human health impacts $16,240 task 4: Prioritize policy options, their related $1120 impacts on the economy, and assess implementation costs task 5: Assemble draft document $2800 task 6: Public Review and comments $1120 task 7: travel and communication $4000 task 8: Amend/prepare final document $2800 CONSULTANT CONTRACT SUBTOTAL: $44.820 .-------~-----------------------~----------------------------------------------------------------------------_.-~---- 2 YEAR MEMBERSHIP TO ICLEI 94-95 $3,000 ----------.....---------------...........-------------...........-----------------........----------------------...... TRAVEL. ParticIpation In C02 WORKSHOPS $3,500 ._---------_.----~---------------------------------------------------------------------------------------------------- GREENFLEETS LOCAL ACTION PLAN DEVELOPMENT: GREEN FLEETS PROJECT Base salary: ($26 per/hr = $208 per day, $42 per/hr - PW Dir) Traffic Engineer @ 15 person days $3120 Principal Planner @ 15 person days $3120 Environmental Resource Mgr @ 15 person days $3120 Public Works Operation Dir @ 5 person days $1680 subtOtal: $11,040 Benefits for staff (32 % benefits): Traffic Engineer @ 15 person days $998.40 Environmental Res Mgr @ 15 person days $998.40 Principai Planner @ 15 person days $998.40 PW Operations Dir @ 5 person days $537.60 1'1- 5t, subtotal: $ 3,533 21 -~_..._-- -- ~_._-~._----~--------_..,-,------ .-~------- GREENFLEETS LOCAL ACTION PLAN DEVELOPMENT 14,573 TRAVEL. participation in Greenfleets WoriœhOPS $ 3,400 PHASE 2 PUBUC REVIEW, ORDINANCE DEVELOPMENT, AND IMPLEMENTATION MEASURES: C02 PROJECT TEAM SALARIES, WAGES AND RELATED COSTS ASSOCIATED FOR LOCAL ACTION PLAN IMPLEMENTATION: Base salary: ($26 perJhr = $208 per day) Traffic Engineer @15 person days $ 3,120 Associate Planner @20 person days $ 4,160 Environmental Res Mgr @25 person days $ 5,200 subtotal $12,480 Benefits for staff @ 32% rate Traffic Engineer @ 15 person days $ 998.40 Associate Planner @ 20 person days $1331.20 Environmental Res Mgr @ 25 person days $1664.00 subtotal $3,994 URBAN CARBON DIOXIDE IMPLEMENTATION PLAN Total $16,474 CLERICAL SUPPORT: word processing, general and secretarial support for Greenfieets and C02 Project: Base salary: ($14 per/hr @ 3 days/month) @ 12 months $4,032 Benefits @ 32% @ 12 months $1,290 subtotal: $6,322 Intem @ $5.00 per/hr @ 17 hrs wk for 26 weeks) $2,210 Direct overhead expenses up to 5% $2,485 22 1,/,57/ ^.,.._----..~ .-,.._- SUPPUES AND EQUIPMENT: printing, copying and distribtuion $2000 C02 - $1000 Greenfleets - $1000 Telephone and faxes $ 800 computer linkage -internet system $ 416 faxlmodemfsoflware $1000 subtotal $4,216 TOTAL: $100,000 J,/.,5Y / /t/- {;p 23 / ') . -.-.....--..".--.-....-.- ---- -~ ~------ - -- ~ - RESOLUTION NO: 94-0105-01 - - - - - STATE OF CALIFORNIA STATE ENERGY RESOURCES CONSERVATION AND DEVELOPMENT COMMISSION RESOLUTION WHEREAS. SB 314 (Ch. 1159, Slats. 1993) included aopropriations Îrom the Petroleum Violatation Escrow Account to the California Energy Commission for twenty-two (22) legislativeiy mandated projects (described on the attached list); and WHEREAS. the Commission intends that these le£islativeiv mandated £rants ¡or the - . - tiscal year are approved and executed on a timely basis; THEREFORE BE IT RESOLVED. that the grants identiried on the attached list be subject to the following procedures: 1. The Executive Director shall conduct a technical and economic analysis for each grant to ensure that t~e grant is a reasonably appropriate use of public funds relative to CommIssion exoenence with comparable projects and shall advise the appropriate poiicy committee(s) oÎ the conclusions of this review prior to execution of the grant: and " IÎ this review identities advisable itilprovements to the grant. the Executive Direc:or shall advise the appropriate policy committee(s), and the comminee(s) will decide whether to approve the grant. If the policy committee decides not to approve the grant. the Executive Director. shall communicate this conclusion to the grantee and t~e sponsoring member. The policy committee may bring the grant before the full commission Îor approval. /0/- >1 24 --- -~-----_.._- . -"------..--" - --_._---_._-.- ~._-_.- - -'- 3. On completion of this process, the Executive Director shall execute each grant ~ approved pursuant to this resolution. - 4. The Executive Director shall ensure that any -substantive revisions to a grant are . approved by the Budget and Management Committee. _ 5. Any amendment, including time-extensions and modifications in the grant terms and conditions, shall be reviewed and approved by the commissiòn project manager, provided that the amendment does not constitute a substantive change in the grant. DATED: J anuarv 5. 1994 ß¡¿ CHARLES R. I?\IBRECHT Chairman ENERGY RESOURCES CONSERVATION AND DEVELOPME",'T COMMISSION Attachments /l1-/,0 25 -~ - - - - - --~.__."_...~----------- - . -, --- Wi - - 51 ~ ~ ~ 5 0:: '-' ":':::,-"'" ~I ~ '-J - '-" - ~ < ~ < -- '... l) I.- '''' _ : ~ c-: 3= 1- ....... -, "" >, > >, .- C":: U il) ;:> CJ .- ::: WI -.-- - - - - .-. C 'oJ ~ < ~ ~ - - _. - ,.. 0 '" - WI ";¡;".-"-' ... ,.. c..;' u ~ u c ;:: r:; ~ = ~ < ~ ~~ ;3: '* '* * * o I >-. >. >. ~I C ..::: == ..::: = -= = >. *' :::;::::/1* ~s '..:¿c ('.)0 ;::~ . I ~.- V'J '-' - '-' ::.J- 'J: :r. C": '- a) ~ .- ..... .- > c.. 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'-':.; - - .w _, ::::. ~ -' :.J:.r. == ~r C U t..= '_ :-: u C,) .....' ,- ,'" -" > o:J :.... .::.: <- '-.-.- c -;::::::::: ...._ VJ ::,) c:.. ::,) -;::::,..;:::,) -- .-' t:: ;: __ ::::::::-. :: C,) _ >-.::,... :::-. :::- - ~ ;:f1 1..., ~ :::.:;:; E -9 U c:.. u .~ :J) c:.. ::: :£j 0 - c õ ~i _ ~ = :J"= C,) :: ':;: ~ ~:.J ti -/ ~ ~ -:";'1 C .... ~ ::::..- 0..0 ::: 1-"':: c '- ::: ';:: ,.,;:::::- ~i U~- <2< U~~ ~c~ ~~ z.~~ _ Vi ~ ~ x ~ - - - - - /tf-, U 28 f ---.--- ----_._.~-_._-_. .-_._-_._-~_.- ,--'--~-'~-- - - ¿ :-, ~ 0 ~gl _ S! f- - _. ':) ,~ t..- =: ,,:.:: c¡ .... :.... \.;1 ~ '" - -- ~ U 0 ~i u ~ .S:! ':..J ::;2 0 - ....., -::: ~ :::... üi ~ ~ == "I >- - r. f- ? ¿ Z * " ~ ~I '.J *.- :'...)1 \... >, ~ .;:! r u ~ ti¡ V1 :::: "-" ':::" :r. ~ ï:::::~, :";1 -. CJ - '-' >- u . :-: C '= u ~:-: $::: ::: ..::::. ("': -= ~..... ':..J >. =.~ c ;:: '¥ ~ _ :.r.....: u......::: - < ':..J = CJ ..... < '::) c s .::: C ~ ::: '- - :::: ¡..:: U 5 ~ _ ~ ';: ~ :; :;: ':..J I- -:: C > ;. :; - 2 ~ u .= '= ~ = :; 1-. :2:.1':;1)-..:. s:;;:::::;:=; :; WI ........:.... - ¡: C ;D ,.. -- r.r.1 ':..J .= ':..J c '1) U ':..J! := c.£ :.... - '- '- "0::"" >-. ::::: ....- ,.'.... :.."'c:: c =- ¿ ;... " c - N N ('~ N * 10/'(,> 29 SPECIAL CONDITIONS 1. The city of Chula Vista will provide to the Energy Commission an original signed resolution (or original certified copy of same) authorizing acceptance of this agreement and also designating the party authorized and empowered to execute in the name of the city all contracts, agreements, and amendments necessary to implement and carry out the project as defined by this agreement. This resolution must be provided to the Energy Commission before any payments of Energy Commission funds will be made to the city for work undertaken under this agreement. /if ...¿.~ 30 ...._-~-----_...,-~~---_._-_._------ ~Wr~ e - Parties and Recital Page(s) Agreement between City of Chula vista and San Diego Association of Governments for Technical Assistance Consulting Services This agreement ("Agreement") , dated Februarv 28. 1994 for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant") , and is made with reference to the following facts: Recitals Obligatory provisions Pages Whereas, the City of Chula Vista, under the direction of the City Council, accepted grant funding from the State of California; and Whereas, the State of California legislated these funds for the purpose of developing and implementing a Carbon Dioxide Reduction Strategy and Implementation Plan; and Whereas, the City of Chula vista is a Board member of the San Diego Association of Governments; and Whereas, the SANDAG Board of Directors approved an analysis of CO, emissions related to the Regional Energy Plan; and Whereas, this analysis would produce a comparative report on the impacts of energy use on CO,; and Whereas, efforts to greenhouse gas emissions are consistant with with the goals of the SANDAG Regional Energy Plan; and Whereas, the City of Chula vista is in need of immediate professional assistance to inventory greenhouse gas emissions and develop recommendations for a C02 reduction strategy; and 2pty9.wp Standard Form Two Party Agreement (Fourth Revision) November 2, 1993 Page 1 /'I'~7 ., --.....-.--.-,.-- .~.- '.'.---....-..-.--.-- Whereas, the Energy Committee may utilize the results of the Chula vista study as a demonstration project for the region; and Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to city within the time frames herein provided all in accordance with the terms and conditions of this Agreement; NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: l. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled " Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to city such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, city may require Consultant to perform additional consulting services related to the Defined Services ("Additional 2pty9.wp Standard Form Two Party Agreement (Fourth Revision) November 2, 1993 Page 2 It! ~ t, 8" .....~ u·_._ -.--.-.. Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C) , unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the fOllowing insurance coverages, in the following categor- ies, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the city: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names city and Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the city and Applicant in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (1) certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of certificates of Insurance 2pty9.wp Standard Form Two Party Agreement (Fourth Revision) November 2, 1993 Page 3 /J/~~1 - ~'---_...__.._----_.._._----_._._.,..__._.,._-_.,_._...,----.----- demonstrating same, and further indicating that the pOlicies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the city demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Securitv for Performance. (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or city Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the city at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit" , in said Paragraph 19, Exhibit A. (3) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the city such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. 2pty9.wp Standard Form Two Party Agreement (Fourth Revision) November 2, 1993 Page 4 Ir~70 - "- -.--. -- ---_._---~-_._--,_._-_._.__._-_.- I. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit aCCess to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, city agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consult- ant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals (" Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 2pty9.wp Standard Form Two Party Agreement (Fourth Revision) November 2, 1993 Page 5 J '~ 71 ~.~---~-,---.__._._~-- -"-.-...~_.~------._._.._------ 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in per- formance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the city, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate") . Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the 2pty9.wp Standard Form Two Party Agreement (Fourth Revision) November 2, 1993 Page 6 ILI- '7.J.. ."-_.,~..,-_....__......- . ..-..--.--- .., ..--.---.,..--------.- city Clerk on the required statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries 2pty9.wp Standard Form Two Party Agreement (Fourth Revision) November 2, 1993 Page 7 10/- Î J -..,~"-...--.----.-,++---.-.-.-------.-,._._-,"---""-------- of any property which may be the subject matter of the Defined services, ("prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise city of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of city. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the city, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the negligence or willful conduct of the City, its officers, or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Consultants' indemnification of city shall not be limited by any prior or subsequent declaration by the Consultant. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to 2pty9.wp standard Form Two Party Agreement (Fourth Revision) November 2, 1993 Page 8 1'1' ì'l .-.-..".----, -,--- Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. ØI'~~~ 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the city, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of city. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants". 2pty9.wp Standard Form Two Party Agreement (Fourth Revision) November 2, 1993 Page 9 JI/v ï5" - ~-.--.-'._-~-----.--~-.-+----.--.-.--'--....--- -- 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of city. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the united states or in any other country without the express written consent of City.~ City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees 2pty9.wp Standard Form Two Party Agreement (Fourth Revision) November 2, 1993 Page 10 /'1- 7!, -~--------_._- - ----.....-----.---------.-.-.---....-.. Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including costs and attorney's fees. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent city Unless specifically authorized in writing by City, Consult- ant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an 2pty9.wp Standard Form Two Party Agreement (Fourth Revision) November 2, 1993 Page 11 1'1' 7 7 ~_...._--_...._--.._-_.'.--,-------~---..~-.-~~-,..-.-------- instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing Law/Venue This Agreement shall be governed by and construed in accordance with the laws of the state of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula vista. [end of page. next page is signature page.] 2pty9.wp Standard Form Two Party Agreement (Fourth Revision) November 2, 1993 Page 12 /l./-7Y -_._---~-~~..._.._-~---_.__.---_._-_.._-_._,---_..~ Signature Page to Agreement between City of Chula vista and San Diego Association of Governments IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: February 22, 1994, City of Chula vista by: Tim Nader, Mayor Attest: Beverly Authelet, city Clerk Approved as to form: Bruce M. Boogaard, City Attorney San Diego Association of Governments approved to form: By: Debra Greenfield, General Counsel By: Kenneth Sulzer, Executive Director Exhibit List to Agreement ( x )Exhibit A. ( x ) Exhibit B: see attachment A 2pty9.wp Standard Form Two Party Agreement (Fourth Revision) November 2, 1993 Page 13 It/~?f:j --,-.----...-----."...--....,.,--.-------..- ..-- _...~._...._---,+-~-_...,--~~---_._~ EXHIBIT A TO AGREEMENT BETWEEN CITY OF CHULA VISTA AND SAN DIEGO ASSOCIATION GOVERNMENTS 1. Effective Date of Agreement: 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State. of California ( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California ( ) Industrial Development Authority of the City of Chula Vista, a ( ) Other: , a [insert business form] 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: San Diego Association of Governments Local Technical Assistance Program Suite 800, First Interstate Plaza 400 B Street San Diego, CA 92101 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation Io/-Yf) Page 1. ~ n_._.___._____.__~______....~_.,_.____._,__.__._ 6. Place of Business, Telephone and Fax Number of Consultant: SANDAG Suite 800, First Interstate Plaza 401 B Street San Diego, CA 92101 Voice Phone (619) 595-5346 Fax Phone (6190 595-5305 7. General Duties: Consultant shall develop to the satisfaction of the City and to the satisfaction of the Energy Commission Project Manager assigned by the California ENergy Commission under grant # 626-93-001 a carbon dioxide reduction and implementation strategy for the City of Chula Vista as described more fully herein; A. The following conditions apply to this contract: i) any methodology used must be completely consistent with the International Council on Local Environmental Initiatives (ICLEI) Urban Carbon Dioxide Reduction Program methodology and goals, as described in ICLEI's "Base Year CO, Emissions and Implications to Urban CO, Reduction Strategies, dated July 1992 and authored by Ralph Torrie and Phil Jessup. ii) consultant shall develop contract deliverables which city determines to be consistant with the ongoing ICLEI Greenfleets Planning effort. iii) subcontractors will be responsible for obtaining business license. iv) SANDAG and its subconsultants shall comply with all compliance requirements imposed on the City and be subjected to all compliance and disclosure duties imposed on the City by grant agreement 626-93- 001 between the City and California Energy Commission. /tl- Y¡ Page 2. ... -~._-_..^._.._"--_.._.....__._- -- ----. _._.,...._-.~-_...._- B. Methodology used in calculating carbon dioxide emssions must include the following: Emission Factors - Consultant will quantify emissions and the savings from proposed emission measures. Consultant's measurement of emissions must take into account the following items: Types of fuels consumed in Chula Vista Effect of emission controls on transportation sector and power plants Fleet age maintenance procedures Combustion technologies used to consume the fuels Emission control technologies employed during after-combustion. 8. Scope of Work and Schedule: Consultant shall develop a carbon dioxide reduction inventory, emission reduction strategy, and an implementation plan, and a proposed Local Action Plan. The City's primary objective is to create an inventory of greenhouse gas emissions contributed by energy production sources and consumption within the City of Chula Vista, develop effective strategies to reduce emissions of greenhouse gases, and deliver a Local Action Plan to the City of Chula Vista detailing proposed policies for reduction of those emissions based on the following points of generation: a) emissions from energy consumption and production within the City of Chula Vista, b) emissions from energy consumed in Chula Vista but produced in refineries and plants outside the City of Chula Vista within the State of California and c) emissions from energy consumed in Chula Vista but produced from out-of-state refineries and power plant sources. A. Detailed Scope of Work: Consultant shall develop recommendations for a municipal Local Action Plan with policy measures, which will result in greenhouse gas emission reductions in accordance with the ICLEI Urban Carbon Dioxide Reduction Program. Consultant shall analyze policy measures and technology options that, when implemented, will enable the City to meet the specified targeted CO2 reduction goal for the forecast years. Consultant shall assess the implications of reducing CO2 emissions from forecasted levels over the next 15 years, and facilitate the growth of a network of local governments concerned about climate change. This contract will run for 5 months, with the deliverable schedttle developed as described below: 1. Attend ongoing Technical Oversight Committee meetings, meet with Torrie-Smith Associates to consult for one half day period at beginning of contract, attend 1-3 City Council meetings, as budget permits and develop presentation materials as needed. 2. Develop tabular baseline emission inventory data, graph and summary report by sector, percent and emission tonnage and by production and consumption breakdown. Using 1990 as a baseline year, develop a I¡"/~ rJ.. Page 3. --,._,..._--~-------"--_._----~-,~- profile of baseline energy use and C02 emissions in Chula Vista, disaggregated by: a) consuming sector: residential, commercial, industrial, transportation b) fuel: fuel oil, gasoline, natural gas, wood, coal, electricity, propane,local fuel production, etc. c) end-use including residenûal: air conditioning, water heating, refrigerators, freezers, lighting, range, other major appliances and all other major uses Commereial: air conditoning, lighting, ventilation, equipment, space heating, Industrial: drivepower, other electricity, process heat For electricity, the carbon dioxide emissions should be calculated on the basis of both the average and marginal carbon dioxide intensity of electricity used in Chula Vista, allowing for line losses between the power plants and the end users. In addition the Carbon dioxide emissions used in Chula Vista should be disaggregated: I) within the City of Chula Vista, 2) consumed in Chula Vista but produced in California refineries and plants outside the City of Chula Vista, 3) consumed in Chula Vista but produced from out-of-state refineries and power plant sources. The inventory should disaggregate the emissions that are directly associated with the corporation of the City of Chula Vista's own buildings, equipment, vehicles and operations. For the transportation sector, consultant shall deliver data according to the C02 emisisons for which the population within the City is responsible, which include the automobile emissions of cars owned by residents, including the travel done outside the City of Chula Vista, as well as trucks operated within the city. 3. Utilizing baseline emission inventory information, forecast future carbon dioxide emissions for: a) the year 2010, and b) an intermediate year to be determined by contract manager, based upon a "no action scenario". For each scenario, provide the emission estimates on a gross basis and a net basis. The net basis nets out emission reduction impacts due to overlaps. 4. Develop report summarizing policy measures and accompanying emission reductions, cost analysis, economic impacts resulting from these policy measures. For each scenario, provide the emission estimates on a gross basis and a net basis. the net basis nets out emission reduction impacts due to overlaps. Have Torrie Smith 11"8';1 Page 4. .-....-..-.-"----...-..-.., - _._.._..~.--_..,- .-....,.'-.---..--.-.-.--'..., Associates review and comment on draft policy measures. Develop a Action Report outlining next step procedures including planning-level determination of who is responsible for each measure, cost for each measure, funding options, implementation targets, implementation schedule. The report should include identification of policy measures and the carbon dioxide emission reductions resulting from each measure. B. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: Deliverable NO.1: DEVELOP A BASELINE EMISSION INVENTORY AND "NO ACTION" SCENARIO FORECAST REPORT 1.1: Draft tabular inventory document as 30 days from effective dale of agreement described in the Scope of Work, Section 8A(1-3) 1.2: Final tabular inventory document 45 days Deliverable NO.2: POLICY RECOMMENDA TIONS AND DEVELOPMENT OF REDUCTION GOA LS 2.1. Utilizing baseline inventory information, 100 days forecast future CO2 conditions for year 2010 and intermediate years, designated by the city, develop a tabular data report forecasting carbon dioxide emissions for the following scenarios and detail policy measures to meet these goals. Provide gross and net emission estimates for each scenario. The net estimate shall net out emission reduction estimates due to overlap. Itj..YJj Page 5. _··__"_·_·~_~.____M·__.,.___·_.__..___~__ _'_'___'_"__'_'_'_.__'._....._ a. an emission reduction goal 110 days consistent with the national goal of reducing carbon emissions by the year 2000 to 1990 levels. b. a 20% or more reduction forecast of carbon dioxide by the year 2010, and an intermediate year to be determined by contract manager. 2.2. Final consultation with Torrie-Smith a & b will be presented as part of Associates for check and review of deliverable 3 report. Consultant shall make final revisions based upon input from City staff. 2.3. Develop report describing prioritized policy measures which maximize emission reduction and cost effectiveness. Develop a list of preferred policy measures to be brought to City Council for implementation. J'i-i'.5' Page 6. ...._.....__n_ -.---- ---~_.- Deliverable NO.3: !DENT/FICA TION OF POLICY MEASURES AND CORRELA TED EMISSION REDUCTIONS 3.1 : Develop to the city's satisfaction the "strategy II report containing best 60 days policies and other strategies that may be available to effect emission reductions within the city; each measure's accompanying emission reductions, cost analysis, and economic impact resulting from adoption of these policy measures. For each scenario, provide the emission estimates on a gross basis and a net basis. Identification of 20 or more carbon dioxide emission reduction measures appropriate for Chula Vista applications including but not limited to those listed on Attachment A. Focus on those policy instruments that are under direct control of the City of Chula Vista. 3.2: Deliver report which analyzes if there is an interrelationship between increases or decreases in criteria pollutants resulting from each selected policy, particularly addressing whether these measures will 90 days help the region attain reductions in criteria pollution levels for carbon monoxide, ozone, particulate matter, NO" and the non-criteria pollutant methane. Identify implementation costs and local economic impacts resulting from measures in report. Report should briefly analyze climate change and greenhouse gas reduction impacts on the local economy, particularly with regard to job creation from local energy efficiency investments. Analyze the overall carbon dioxide reduction impacts on human health for the developed scenarios and deliver to staff for review. )1./ - ~40 Page 7. -....- -- ---_.__._"._-~-_._~._-~,--._,-~_._-~- Deliverable No.4: ASSEMBLE DRAFT LOCAL ACTION PLAN REPORT Assemble draft document on computer disk 120 days with a camera-ready master reproducible hard copy. ASSEMBLE FiNAL LOCAL ACT10N PLAN REPORT Amend and prepare final document on 150 days computer disk with a camera ready master reproducible hard copy. D. Date for completion of all Consultant services: SeDtember 1. 1993 9. Insurance Requirements: (x) Statutory Worker's Compensation Insurance ( ) Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. ( ) Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). ( ) Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). 10. Materials Required to be Supplied by City to Consultant: Publications and information pertaining to ICLEI'S carbon dioxide reduction program and Greenfleets program. Any pertinent data necessary to complete contractor's responsibility. The Consultant shall regularly consult and coordinate with the City's Environmental Resource Manager for the purpose of reviewing progress of the work and to provide direction and guidance to achieve objectives of the project. 11. Compensation: A.. () Single Fixed Fee Arrangement. For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: , payable as follows: /'1' 8'? Page 8, .__._-._.-._-_._----_._--_.~---,--~--_..- Milestone or Event or Deliverable Amount or Percent of Fixed Fee B. (X) Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth below. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. City staff is responsible for notifying consultant of acceptability of deliverable within 15 days of receipt. Payments set forth below shall be made to contractor within 30 days of receipt upon completion of each deliverable to the satisfaction of City. Phase ElaDsed Time Fee for Said Phase I. SANDAG Contract Management -- $1800 2. Deliverable 1 - Baseline Inventory 45 8,400 3. Deliverable 2 - Forecast Future CO2 100 5,040 Conditions 4. Deliverable 3 - Identify Measures & 110 16,240 Associated Costs, Goals, etc. 5. Deliverable 4 - Prioritize Policy 120 3,920 Options 6. Deliverable 5 - Amend/Prepare Final 150 3,920 Document 7. T orrie Smith Assoc, Inc. -- 1,800 I¿'¡' ~ Page 9. -"-,_.~,-_.~--_.- "',----------.----- 12. ( ) Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions: 1. ( ) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $ including all Materials, and other "reimbursables" ("Maximum Compensation"). 2. ( ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to (" Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. RATE SCHEDULE Categorv of EmDloyee Name Hourlv SANDAG, Project Manager Steve Sachs $70 Torrie & Smith and Assoc. Ralph Torrie $100 ( ) Hourly rates may increase by 6% for services rendered after [month], 19_, if delay in providing services is caused by City. 11f-8'&j Page 10. . . __._.___ _·___m..,_·.._._.._·._~.____._.___________....______._'__'_",___ 13. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: ( ) None, the compensation includes all costs. Cost or Rate ( ) Reports, not to exceed $ ( ) Copies, not to exceed $ (x) Travel, not to exceed $3700_: $3700* ( ) Printing, not to exceed $ ( ) Postage, not to exceed $ ( ) Delivery, not to exceed $ ( ) Long Distance Telephone Charges, not to exceed $ ( ) Other Actual Identifiable Direct Costs: , not to exceed $ , not to exceed $ *per California Energy Commission grant # 6626-93-001 14. Contract Administrators: Steve Sachs Project Manager Suite 800, 401 B Street San Diego, CA 92101 Subcontractor: Eliot Allen Criterion 5331 SW Macadam Ave., Suite 205 503-224-8606 Subcontractor: Torrie & Smith Associates Ralph Torrie 255 Centrum Boulevard Third Floor Orleans, Ontario Canada, KIE 3V8 613-824-3045 613-824-3297 Fax City: Barbara Bamberger Environmental Resource Manager lý-'¿J Page II, ....._"_.._----"--~~--_....._-,-~-_._-_...._~ 276 Fourth Avenue Chula Vista, CA 91910 15. Liquidated Damages Rate: ( ) $_ per day. ( ) Other: 16. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. ( ) FPPC Filer ( ) Category No. 1. Investments and sources of income. ( ) Category No.2. Interests in real property. ( ) Category No.3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. ( ) Category No.4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. ( ) Category No.5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. ( ) Category NO.6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ( ) Category No.7. Business positions. ( ) List "Consultant Associates" interests in real property within 2 radial miles of Proj ect Property, if any: None /'~ 9 / Page 12. -- .-....~.__._-_._..- ,,_... --....------.. ,.. -_. ,--_.__._-~- .,,---.--- - - .-- 17. ( ) Consultant is Real Estate Broker and/or Salesman 18. Permitted Subconsultants: SANDAG shall provide in their agreement to Criterian and Torrie Smith Associates, Inc., no further assisgnments will be made to any third or subsequent tier contractor without the consent of the Energy Commission Project Manager Criterian Engineers 5331 SW Macadam Ave., Suite 205 Portland, OR 97201-3849 503-224-8606, FAX: 503-224-8702 Torrie Smith and Associates, Inc. 255 Centrum Boulevard Third Floor Orleans, Ontario Canada KIE 3V8 19. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: (X) Monthly ( ) Quarterly ( ) Other: B. Day of the Period for submission of Consultant's Billing: ( ) First of the Month (X) 15th Day of each Month ( ) End of the Month ( ) Other: C. City's Account Number: 280-2812 20. Security for Performance ( ) Performance Bond, $ ( ) Letter of Credit, $ ( ) Other Security: Type: Amount: $ (X) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following ¡tf-9.J- Page 13. - "-'-~--_...,- .------.--..-- "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: (X) Retention Percentage: 10 _% ( ) Retention Amount: $ Retention Release Event: ( ) Completion of All Consultant Services (X) Other: Upon acceptance of final deliverable by C. Council 1"1 ~9:1 Page 14. ~ - -------_._--------,._..,..._._-~------_. A TfACHMENT A Policy areas to be explored for target energy reductions include: a) Fuel Switching: Analyzing energy power plants to facilitate fuel switching measures and promote alternative and renewable fuels. b) Land Use: Exploring zoning changes which encourage development design patterns that may have long term effects on transportation energy use. c) Urban Form: Measures that enhance urban biomass which encourages low energy recreational activities. d) Procurement: Measures that require fleet vehicle procurement which includes high Corporate Average Fuel Efficiency standards, promotes energy saving technologies and equipment, etc. e) Transportation: Integration of land use and transportation planning that seeks to achieve significant reductions in vehicles travelled and promote clean fuel vehicles. t) Urban forestation: Measures that reduce energy consumption through landscape and shading techniques. g) Resource management: Measures that require energy auditing and waste management recovery projects. h) Utilities: Develop policies to encourage increased investments in reducing energy demand and renewable energy sources in the residential, commercial, and industrial sectors. j) Market-based incentives: Develop market-based incentives that will reduce greenhouse gas emission reductions. k) Utility purchases: Consider whether it may be cost effective and more environmentally efficient to purchase utilities from outside suppliers. /4f. ,'I Page 15. ._-----~-------~ ---"'~--'-----_.._--_."~--_._-- · -ff1\ ßc.:'t\fYìcUIJT ~ · · , E November 5, 1993 · Mayor Tim Nader and í. · Members of City Council ¡ i International , City of Chula Vista t.~__ · 276 4th Avenue Council , Chula Vista, California 91910 ~ for Local - Dear Mayor Nader and Members of Council: · · The International Council for Local Environmental Environmental , Initiatives (ICLEI) is pleased to invite the City of Chula Vista to join - the Urban CO2 Reduction Project. We understand you will be Initiatives · working in coordination with the regional energy planning process , underway with the San Diego Association of Governments. By par- - ticipating in the Project, you will join the following municipalities ~ in their joint effort to reduce urban carbon emissions: Information St"ni('t'"!' · , Dade County, Florida, USA , The City and County of Denver, Colorado, USA Intf'rnational Trainin~ ~ Minneapolis/St. Paul, Minnesota, USA Centf"T · Portland, Oregon, USA - Ankara, Turkey l:rhan co;! Rf'dul'tion · Bologna, Italy Projt'l't - Copenhagen, Denmark , Hannover, Germany , Helsinki Metropolitan Area, Finland LfH'al Agf"nda 21 ! Saarbrücken, Germany , City of Toronto/Municipality of Metro Toronto, Canada Tht" '\\aft>r Projt-'('t , · The project is now concluding Phase I, during which time .- the municipalities have developed "local action plans" that are · now being considered by the respective councils. You will have the World Secretarrat , opportunity to create a Local Action Plan, working with ICLEI's Jeb arugmann , staff, in time to participate in Phase II of the Project. In this second Secretary Generol - phase, we will focus on developing more detailed strategies to im- City Hall, East Tower, 8th Floor · Toronto, Ontario M5H 2N2 plement Local Action Plans, particularly in the transportation and Canado · buildings sectors. We have developed two specific initiatives, Pho",.1-4I6/392·1462 , Green Fleets and Green Buildings, to facilitate work in these two Fo, 1"'16/392,1478 .. J .1" 650 372 0732 MClUW · areas. · European Secretarrat · In order to facilitate your consideration of participation in Konrad Otto-Zimmermann · the Project, let me briefly list some of the benefits and requirements Deputy Secretory General , of participation. Eschholzstr.86 D-7800 Freiburg Germany · Fod9.!61/36260 · .. , A..ociated wiIIIlhe InIomatia"ar .. )tj-,þ Union of local AuthariIie. ¡IUIA) · ----.-----..------.------ BENEFITS · Networking. The municipalities in the Project have developed exemplary policies and practices in areas that relate to energy, waste management, and transportation. Chula Vista officials will have the opportunity, through their participation in future workshops, to learn innovative, ef- fective policies and practices from their peers in the other cities. · Access to special expertise. As funding and staffing for the Project grows, ICLEI is adding expertise that may be useful to Chula Vista. We under- stand, for instance, that Chula Vista is exploring comprehensive energy efficiency audits of it buildings. The director of our Green Buildings ini- tiative is an expert in financing energy efficiency retrofits. His advice and network of contacts may be useful to you as you pursue comprehensive . efficiency retrofits of your buildings and facilities. · Advisory role. As participants in the Project, Chula Vista will serve as an advisor to ICLEI's Cities for Climate Protection campaign, ICLEI's broader effort to engage 100 cities in climate change abatement. REQUIREMENTS · Local Action Plan. ICLEI will need a resolution from council indicating it will make its best effort to develop, adopt, and implement a local action plan developed by staff. · Staffing. The Municipality would be expected to designate a staff person to develop the local action plan and coordinate its implementation, working over the next few years with a committee of senior officials drawn from the municipality's appropriate agencies. · Upcoming workshops. The municipality would be expected to send repre- sentatives to Project workshops, one workshop per year. The next will be in Copenhagen in May, 1993. Copenhagen will cover all hotel and meal costs for two participants from each municipality. Although ICLEI is ac- tively seeking funds to cover air fare for at least one participant from each municipality, we are not able to guarantee at this moment that we will be able to cover air fare. We expect a member of council to attend, since the main topic of the workshop will be "political barriers to implementation of the local action plans". · 2nd World Summit. The municipality would be expected to send a mem- ber of council to the 2nd Summit on Climate Change and the Urban Environment to take place in Berlin, spring, 1995. ICLEI is seeking funds from the US EPA to cover the travel of municipal participants from the US. j¿)-'7¿ .......m_ __ ______._.____...._..._.._~_.______..__._._,_._~_.____.__.__.._.__... We have very much enjoyed our contacts with Barbara Bamberger and look forward to working with the Municipality in the years ahead on global warming and other issues. Best wishes. Sincerely, ---- ¢'~ Jeb ;u~'---- Se etary / 0/ ~9? -- --- --._._----_._._---,,_..__.~._--_._----~-~----,---- ~\ \1' Jt..1U, b-- DEC-23-1993 16'e3 FRa'1 TO 91619S855612 p.el '.. ...', I ·c :L E· ·1'1' ~~o"", ' . , ..' .": ." ~M~__._..twI"enoy . . .' Thc1~óaa1CN6adI... .' tOrLocaI~ments . a-J. .&a9iru_..w WaaZhot .' . . . ... . W....hc,...IÏ4t . ." . ", .~ .; Çtty~ I:ØTo....,r,8I:I'\fob:Ir . ". ". '. Tamto,OI't..... - Deœinber 23,1993 ' . . . ,. ." ~ M5H:¡r.(2 . ", . .' ..,~. Phonc= 41~.1.£~ ~ . . '. . . . .' .. ftØt; "181392~147e ..... .... ." ~~~ ~--,--~~.:." . . . .' .' '.: : . ..::...... ~':¡ä:$-V;;:l>-=- : . .:..... - 276 4thAven~" . .. '.' ... " :; - - Chulil. VÞ~ Callfoi'nia '. . us.,... . . ., : 9i9io· .. . . . . ," '. - . . . . : ...:.:."-....- n_'-:beJ: e " . 1CL6,~"'~ ".. ~ ~PU. ~.l:I. 61.,-, ," . .... '~ngfll;;:çsl · ,'t .' . PIm,I~,¡\tHI«St;,Nd · ..' .. . 1 d· info h - . . IDdlO_"'"" . We an! very. p ease to nn 'you . t at your'Creen Fleets . _ oI.x:..._. - app' litationhasbeenanmnvedb)'o1.U'~ectioriteam.· . . I ''''g~~,,", . ......-- . '.' .p-.,,""'-'gh1O«l/ . ....... ".' .. ..' '. 1ICIiCn.1ho1;Q\r>QIs , W'~ wcré fortun~~to receh'; excelle'ntapplicatí0n5 from bOih; . ::::=,:=,' , Ch,ula ·Vi.sta an~'San Diego. TIµs is the only situation. where we, . 1Þt¡oI_;o,~l.lA). receivtd AfPJications froin motivated; adjacent munidpalites, . . . repr:e.sentiJ,lg a regi.onal tr~sp<>rtation perspecnve. Havfug1x)th . . ·.munidpalitièstOgether iti a te!un would bè a demµte plus for the' . .... . Græn I:leets.projl!ct. '. . , . . . . . . .. . -' . JImvever, Our.ftna:ñdñg·llinitsus to fundi~g only six participating , . . mun1dpaill:es. ~d we would ~av.e to treat. Chula Vista and San. · Piego .together as ~,sÌl;~gle~dpant from the point of view of . refmbu~nwrit of tråvel iu1:d accommodation C:Oi'W aNOCiatled 'with .. :.'. the upcom~g. w.or~hopš. Our' ability to allocate stipen¡:l~ to ". '. : . : pa.rtic:ipants ~ diffe.rmt.ways is· quite flexible, hoWev~" : . . '. , in fþe'Vrban' COz.~uc:jitin hoject, 'we treated MinneaPolis and Saint fau!,. Min1lê~a, as a single tea,m, and it workeél weJI: Bach .' C;ity ~eVelôped i.t!; own separate ati'ateglc plan; but they Worked .. - Û)gethei asa:~ ~.the purpose.of participating ~ the Project: . . . .AS .~ h~v~ probabl; notiœd, we ii.re a little bèl$ld schedwe, though' aIr:eady.wè have gather~d very good' it1~on abou~ JXiWI;Ì.åpa1fJeets·~ employee tiipÍ'ed~ction from. sel~ cities, .. ~1:fl!win.besh¡¢ng~h·youatthè.{ir$tworkshop.· . ", .. .. .. . .. . . '. '.' . . . .' . , -....-. : .' . iii. Jaittilli-y, 'We will be ending'You' a questiorinaire &eeldng'more ' _116 :d~ed Infè:inÌIati(Bt ~: that CIOntai~ed iii your application. We' . . ~:.,~' . . '. . will·'be·lQOking.for ~ detail on exactly how fleet purchasing is ' ,_ "161_. . . . ~ei:taken,~w employèe'~d general populatio~ tripredudiQ1\ _~odÍIc~ _.. .. .". -. .~.. t '. .. .'......~. . . . C/o ClEF. .... e.JIáon¡¡' ." . . 9·~/ :".a,7~.~ . . . . . ..... . ... If: ' '.' "101\)1:>1(10"",,,". . '. -' .' ." .. . .. . ../'1 . ' " 1'_·..........073." ' .,' ,,' . " .".~ B'-'·eðð1.$T!1· . . . . . . . ". :. ,. '.' .,' DEC-23-1'393 16'04 FROM TO 916195855612 p.e2 " - '. 0' : .. . . , ~urcS work. and also more detail on.the relati01U\hip ~w~ · . land. use and transportation planning and operations, am~ the . ~ of exactly. ho~ th.i!jõ relationShip is lIIaluRed in. your · . municipality, . and be~wee~ your municipality and your. · ne:ighbouring mUl)icipalities. .Please fe$pond to the quesJ:ion.naif~ . '_soonaspcsslble.. ...... .. . - : . .~. ". : . · . . .' .' ." .. We ';'iU aIsó initiate visitS 19 selecied.partlcipåti.ng cities by our···· '. . '. . . ..' ~ ~yst, ,.l,(aiph .Tonie, ~dlDr OUT Project Coordin4tor, John , . . HUtchison, to conswt with municipal staffs"in the development óf a . : framewor1c: for am\lyzing' thë enQrgy, cómponents of local . '. . . · .tnD\sportatioil demand. If budget const1'l!Ínts prevent ,us from, o ., . visi~ each participating lIIunidp;a1ity. we will conduct an '. . :1DIIms1~intervieww1thyou bypho~ . .' .' : Laær in'January òr:earIy.Febritarywe win contact yóí.t wí~ respect. to our upcoming workshop.'· The target date for *e workshop Oocatiøn to bedetenninEd) is sometime in early to mid-June, éither Jun~ 11 iu ~6, 'or' June 18 tQ '23 (five night5 In eaçh ~). The .. .Såtu:~day nightstayòver wPl ~nable us to subsidize ~ greater · .nùmber of attendees. from òUr"budget than would o~erwise be the , cå5e, and provideS m9l'e .time for some interesting field trips to 'View both ~unidpal fleet, prhrate.fteet! -and retail ¡ùtemative fuel. aiIes. tel Us know if you have diffku.lty ~th either of the propOsed' datès: '.' " . , . . . . . " . , . . . '.. " . , . mødentai1y. RaJph Tonie;.~t:ld possi~ly 1'01\.11 Hut~son. will ~ .. , .attending the :transponation Research Board ITRB), çonference in .. . . · )V~hírigton. D.G-, January 10 to 14,1994. If Any of your Green Fleets team members will aIsQ be attendÏl\g. let us know so that we . ..an'arrange aI\ informal get' together there. .... .,: . .··W~· are p~ea~~ ,~'~el~~ you' to thè ~,Fleets Project; and . .' · look fonrard'm WorIqng with you~ . . . . " .' ,:' .'. . " '. "YoUrs trul .. .' , .' . y, . , . , . . 0" .. .. . . Jdui~'. . I:'hil Jess\1p . Jade. Werner' ,,' " - ·~Cobtdinator .' ~r.· . Staff~r ~ F1~ project .' . Urban CO2.., . Publk TechnoJogies , ..... ': :.··~ductionProject .'Inc.' " . ': .. . - .. '- '. 0 .. .' . . '. -. .' . .. . ',' , , ' .' . .. . ¡If -'7 - --_._--------~-----~_.__.--_..._---~-------_. JfI'""b-l:l:l4 14:11 t'-I'<UM IU j.LO.L:;IJO.;;>.JOJ.&::. r.t:I.L .' .. . : - . . I.C.L E'l . Tho IntornotionoJ -' . . I.IWÎP'Ot'II"I\II)I'ItoJ"J\gQr'IO)" . . 1 .- . . 1'hfl I"urnwai.....1 r......,'ftCIiJ r.... ·Þt.oc:.l~". . , toe..I f.nir.m.c.c. 'Qld.1'I'f('t .. : .' w..wCuN*r1ct . '. . OtiY..HaI~ e.tT~ 61:"1 Roo! -'. '. . .~ . T 00UJ10. ""'- . 1~"""'2"'" - : Ntoto«,...,~.,'402 . .' : ". '. Fat; 41fS13a(·í476 · . .. .. .' . . .' -- . '. '.. '." : J~uary$, 1994 .' . . .' .: : . - " ·M:S..~a ~rßer' ..' . .' . '. City·of.qi~ V:~ta.." . '. 276 4th A Vl'!nup.· . . . . .. Ct~'Vista,Óilifomia' . . . ·.:USA : .,". 91910 . '" '~1s1lf\~icxW : · . '". .. '. '_doootlocoJ Dear Barbaree . ,". '. .. F'. ...... dodc.ûd '.' ... .' . . ·totnw.~on arid , .,... . .. . . lIInII""'nr~t.~ion.l. . Re:.CreenFleets .11'<I_.",.".."...., ! ~tl'rOJgh~..· .' . ; ¡_'TòoQounc:;Jis :nüs is ùi ~-POI\5e to yoUr enquiry abQut theallocadon of . 'I ~acs~""" . ~'hlnteo'na1lonaJU~of ."' .0 . iin~dal andte~hIlical~uppott to ChUia Ýista ançi San Diego in 1.œII...._~VL.AJ. - su:pþortof their joint partidpatiòn in thè ~ Fleets Program; . · _ :~.aiid teëhiücal sUpport vinrbe proVided ,*ally tQ bOth · . partnerS. This .mëw that eqûa1 amounts of inooey, 11# the .' . amOUnt Permitted by ou,r budget, Will be provided to enabl~ . , . . '. .. both parmers to'be equally. repr!Se1\ted ¡rt workshops, keepmg m : '. ~dthat ~JIle pÐ:rtidpating D)unìdpalitieS may wii?òh .to send '. mor~ rep~tativ.es to the.w:cirkshopÞ than our $ubsìdi~ will " . .' œVoi:: In s:uch l1œSt, the.mW\~cip.c1ity in queStion W0I011d ÞëIU' . . . . tIW non-sub$idiZed .costs of doing so. . '. . .. . '. ". . . '. .. . In the cUe oftecnxrl~ suPpott ~y SUPPDit provided .to the ~ ~ego/Q\~~ Vista~ Will be divided equally ben\ree¡t the , .-' . twö~s, ThÍ$m.cóUlStMt.~would.expecttluatil:vmitby .1 · . oW' techni~exper'tto yo~ mUl'Üdpa1itiès' WOUld . involve him . ~tingjoù,ltly With your'tw9 m~dpa1ities at a· mûtu4lly , . . :. '. ' .... åmvenientvenue."We expect the.tet;hnicalccmponent øfthe .:'. '.: . .' ~~~toconsi$tlargelyOfjI\fonnåtion'gàtherïngthatwill '. '. - . _. ': ." .' \IS to develop ~ Ñedni¡S~,"~ènt Îmd·tcnN ohefete2.œ· '.' . .. for. tþe2~ Imp1epumta\ion phase, dUring which. we~ .to. . . . . . J>.!OC=..i with the øeve1opmen~ Ò£ niodél$ that wìli ènable energy . :: . ~encyfaçtOrs to be inpuded in ~ ~ysis~and . . . ~""~'1 : .' .' tráNpo~tionp~ '- :..' .' . ': . ......-~ D-7911b FrtIWO'GOrr'''"'f ptlU'Ì_ ...~red/~·O " . FoX: '$o761f.;2!Q . .' , .. . " . -~~..... . . , .~ottc.. . .. .<10 GEF.1!>n SuIdr>g . '·~7 ""oQùdoI, MIoòIo w . . . '.' T~"ÇI8.Io>eri· . · . ~h..lI~ ol-Xldal-w", . .' FÞ: . ·.8'.30-65è~··9'(37 · . .. . . .. J,/"'/¿Jp' - -""-~---------_.__..._---" -,-, ..- --_. -. -- ".-.. ----- . . :.... 2. " . . ". ' .. ~ . . , . ' ,:. I trUst this clarjñes }'9Ulu,ndS!r:;~ding of the cost sharing aspect .' . . . of the. pr~ant~ f1ease do not hesitate ~ ca11 ¡[you req~ire. . . . farther..darifi<:ation. '..' . .. . . ..., .' .. , . , _. . --' \ ." . .YoUrs.truIy, . '.. . -~.., . . , . . '. . .... ¡01u1~.iIutd1ison ....,'. .:. .' . . . Green Fleets Project CoofØinatQr. . ~ . " .' ," , " . : '., '. ,.' . .-(0_' .. . __ ,,'..~... ..,:.; '., '~,.. .j.,.,..., __ ". _ .. -..,'!'" .' _,w"': .- '. ", , --.,' . ' :" . .-r . cc: Mf' 'Dave. seÿfarth,City of San Diego . , . . " ' . . . . " " .' . .' t, .. .. '... ,... ,. , . . . . . . ." " " ,. 'w' . ." ... '.' , . , -; . .' :. ~' . I " " _ .'. . .' '. ,¡o/"jO) .... -,_..- -_._-~,-~-,_.- RESOLUTION NO. 17J'? RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONCEPTUALLY SUPPORTING PARTICIPATION IN THE INTERNATIONAL COUNCIL OF LOCAL ENVIRONMENTAL INITIATIVES (ICLEI) URBAN CARBON DIOXIDE REDUCTION PROJECT AND RELATED GREENFLEETS PROJECT WHEREAS, in October 1993, President Clinton announced The Climate Change Action Plan which seeks voluntary greenhouse reductions of 100 million metric tons of carbon equivalent (MMTCE) to enable the united States to stabilize its greenhouse gas emissions at 1990 levels by the year 2000; and, WHEREAS, if 10 large specified municipalities were to see a 20 percent reduction in its greenhouse gas emissions, almost one third of the voluntary commitment called for by The Climate Change Action Plan would be achieved; and, WHEREAS, certain control municipalities throughout the U. S. enjoy significant powers over transportation, land use, building permi ts, and, in the case of municipal utilities, electricity generation--control that can be used to significantly influence local energy consumption and greenhouse gas emissions; and, WHEREAS, the U. S. Environmental Protection Agency (EPA) has funded the Urban CO2 Reduction Project of the International Council for Local Environmental Initiatives (ICLEI) which is facilitating the development of Local Action Plans to reduce greenhouse gas emissions in Chula Vista, California; Dade County, Florida; Denver, Colorado; Minneapolis, Minnesota; Portland, Oregon; and San Jose, California; and, WHEREAS, many other municipalities are desirous of developing strategies to reduce greenhouse emissions through the Greenfleets Projects; and, WHEREAS, the U.S. EPA has funded the Greenfleets demonstration project--administered jointly by Public Technology, Inc. (PTI) and ICLEI--to develop comprehensive policies to reduce urban transportation energy; and, WHEREAS, Chula vista has been invited to participate in Greenfleets; and, NOW, THEREFORE, BE IT FURTHER RESOLVED the city Council of the city of Chula vista does hereby conceptually support participation in the International Council of Local Environmental 1 Ji,.?- / . . --.-.-""-.--..-....-.---.. _._.._~,._--,...._..- ... .".------..-...--... ---+..-..- Initiatives Urban Carbon Dioxide Reduction Project and related Greenfleets Project to develop municipal pOlicies which address climate change, and which may include measures that will reduce greenhouse gas emissions within the City of Chula Vista. BE IT FURTHER RESOLVED that the city of Chula vista supports President Clinton's cities for Climate Protection Campaign. Presented by Barbara Bamberger, Environmental Bruce M. Resource Manager Attorney C:\rs\ICLEI 2 /0/4 -,,2 ._~_.._---,_._,._...,._.",.,-------_._._._--------- RESOLUTION NO. /7.J 9 ¥ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPPROVING AND AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE CALIFORNIA ENERGY COMMISSION FOR $100,000 FROM THE STATE STRIPPER WELL FUNDS FOR THE DEVELOPMENT OF AN URBAN CARBON DIOXIDE REDUCTION STRATEGY AND GREENFLEETS LOCAL ACTION PLAN AND APPROPRIATING $100,000 IN ACCORDANCE WITH RECOMMENDED BUDGET WHEREAS, Senate Bill 314, Chapter 1159, Statutes of 1993, included appropriations from the Petroleum Violation Escrow Account to the California Energey commission for legislatively mandated project; and, WHEREAS, Senate Bill 314 requires that such legislatively mandated projects be completed through a grant between the California Energy Commission and the recipient agency; and, WHEREAS, the city of Chula vista is desirous to implement their project for an Urban Carbon Dioxide Reduction Strategy, NOW, THEREFORE, BE IT FURTHER RESOLVED the City Council of the City of Chula vista does hereby approve and authorize the execution of a contract with the California Energy Commission to accept $100,000 from the State Stripper Well Funds to be added to the city's Energy Conservation Fund, for the development of an Urban Carbon Dioxide Reduction Strategy and Greenfleets Local Action Plan. BE IT FURTHER RESOLVED that the amount of $100,000 is hereby appropriated from the Energy Conservation Fund 280-2812 in accordance with the budget set forth in Attachment B. Presented by vedrt; Barbara Bamberger, Environmental City Resource Manager c: \rs\grenflet I'/.!J ... / - -----_._._--~_.,--~-,.----,,-,-_.._-.-----_..,,_.__._--,-----_.,,- RESOLUTION NO. /73 f" RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA EXECUTING A CONTRACT WITH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS LOCAL TECHNICAL ASSISTANCE PROGRAM FOR A TOTAL OF $44,820 FROM THE ENERGY CONSERVATION FUND FOR THE PURPOSE OF DEVELOPING A CARBON DIOXIDE REDUCTION INVENTORY, STRATEGY AND IMPLEMEN- TATION PLAN, IN ACCORDANCE WITH THE STATE OF CALIFORNIA STRIPPER WELL FUNDING GUIDELINES AND WAIVING BID PROCESS FOR CONTRACT WITH SANDAG TO DEVELOP A CARBON DIOXIDE REDUCTION AND IMPLEMENTATION STRATEGY WHEREAS, in April 1993, the SANDAG Board of Directors approved a policy acknowledging that carbon dioxide emission reduction is an issue of regional concern; and, WHEREAS, SANDAG commended the City's attempt to develop a plan for this purpose and our city would serve as a model for SANDAG and coordinate with the appropriate committees in pursuit of a comprehensive cO2 reduction strategy; and WHEREAS, in order to obtain the technical support necessary for this project, staff proposes to contract with SANDAG which includes a subconsultant, criterian and Torrie smith Associates, Inc. to develop a carbon dioxide reduction and implementation strategy for the City of Chula Vista; and, WHEREAS, the consultant will develop inventory of energy sectors within the jurisdictional boundaries of the City, a strategy of emission reduction, and develop a local action plan recommendation consistent with the ICLEI Urban Carbon Dioxide and Greenfleets Project; and, NOW, THEREFORE, BE IT FURTHER RESOLVED the City Council of the City of Chula vista does hereby approve a contract with the San Diego Association of Governments Local Technical Assistance Program for a total of $44,820 from the Energy Conservation Fund for the purpose of developing a carbon dioxide reduction inventory, strategy and implementation plan, in accordance with the State of California Stripper Well Funding Guidelines. BE IT FURTHER RESOLVED that the competitive is hereby waived for the contract with SAND Pre.onted by a~o orm ~ Barbara Bamberger, Environmental Bruce M. , c'ty Resource Manager Attorney C:\rs\sandag.co2 I~C ,./ ~--~.__._-_._-,-,-,_.._,_.._--_.~ COUNCIL AGENDA STATEMENT /5 Item Meeting Date 02/22/94 ITEM TITLE: Report: Community Festivals SUBMITTED BY: Di,.,,,, or PMb """ 1J;;''" <Ji REVIEWED BY: City Manager jG ~8]J/7 (4/5ths Vote: Yes _ No ..xJ. On April 27, 1993, the City Council directed staff to complete an evaluation of the 1993 Cultural Arts Festival/Community Pride Fair and Fourth of July Fireworks event, to determine the feasibility of combining the two events in the future. On January 4, 1994, Council directed staff to develop a recommendation for the necessary staffing and resources to conduct an International Friendship Festival. This report evaluates the 1993 Cultural Arts Festival and Fourth of July Fireworks events, discusses what other cities in San Diego County are doing regarding special events of this nature, analyzes the impacts of a combined event on City resources, and discusses a recommendation. RECOMMENDATION: That Council support: 1. the operation of the Community Pride Fair and the Fourth of July Fireworks display as two separate and unique events, and 2. analysis of whether some of the components of an International Friendship Festival can be combined with the 1994 Community Pride Fair. BOARDS/COMMISSIONS RECOMMENDATION: On August 10, 1993, the Cultural Arts Commission voted to recommend that the two events continue to be conducted separately. On Attgust 19, 1993, the Parks and Recreation Commission voted unanimously to recommend that the Community Pride Fair and the Fourth of Jttly Fireworks display be conducted as separate events on separate dates. On January 17, 1994, the International Friendship Commission stated they were not interested in the administration of a large special event, however they supported the concept of incorporating some of the components of an International Friendship Festival into the Community Pride Fair. DISCUSSION: On January 25, 1993, during their goal setting session, the City Council requested that staff explore the possibility of combining the Community Pride Fair with the Fourth of July celebration (or another City-wide celebration). City staff returned with a report to Council on April 27, 1993, recommending that the 1993 Community Pride Fair be conducted separately from the 1993 Fireworks event, since planning and date selection had already been completed for the 1993 Community PridelCultural Arts Fair. Council approved the recommendation, but requested staff to evaluate both events, and return to Council with a report making a recommendation for combining the events in future years. Subsequently. on January 4, 1994, the City Council also directed staff to develop a recommendation for the necessary staffing and resources to conduct an International Friendship Festival. The following information identifies the recent history of cultural festivals conducted by this Department, an evaluation of the 1993 Fourth of July celebration, and a brief overview of the El Cajon International Friendship Festival. [A1l3 - compride.A13] /5"/ ......... --.-"---..----- ._"_.,-------~---_. Item If Meeting Date 02/22/94 Historv 1992 Cultural Arts Festival: The Cultural Arts Commission and City staff organized and implemented the first Cultural Arts Festival in May of 1992. The central theme of the event was a celebration of the City's cultural diversity. The focal event of the Festival was a special event conducted along Third A venue, between "E" and "G" streets. The street event included three stages featuring musical entertainment, and dance demonstrations by a wide variety of ethnic groups, along with various art displays, arts and crafts vendors, and vendors featuring various ethnic foods. A children's activity area provided arts-related activities for youngsters. A number of smaller scale activities were conducted on the same weekend as part of the Festival. Overall attendance at the street festival was estimated between 5,000 and 6,000. Funding for the Festival came from a number of sources, including the City of Chula Vista; and the Cultural Arts Commission was responsible for securing a number of donations from organizations wishing to support the Festival. Approximately $11,000 was received in donations and in-kind services beyond the $4,000, which Council approved to fund the event. 1993 Cultural Arts Festival - A Celebration of Community Pride: The Community Pride Fair concept was adopted following the evaluation of the 1992 Cultural Arts Festival. The Cultural Arts Commission voted not to sponsor the 1993 Festival as a Commission project after evaluating the immense amount of time and energy that the Cultural Arts Commissioners devoted in making the 1992 Festival a success. The scope of the 1993 Festival was broadened from the previous year, although many of the original components from the 1992 Cultural Arts Festival were maintained. The event site was re-organized, and the entire Festival was conducted in the immediate area of Memorial Park. There were events for indoor and outdoor venues, utilizing Parkway Gym, Parkway Community Center, and the Women's Club, as well as Memorial Bowl and the surrounding park. Three activity stages were programmed throughout the day, featuring musical entertainment, dance demonstrations, and activity demonstrations. The number of art displays was increased, and several artisans demonstrated their respective trades on site. The involvement of other community groups, both non-profit and for profit, was greatly increased. Several City departments also provided informational booths at the event. Attendance at the event was estimated between 7,000 - 8.000. Although not designed specifically for the purpose, the Festival attracted and involved a number of ethnic groups as participants and spectators. The 1993 event was financed with funds allocated by Council for the Community Pride Fair ($4,000), and donations and in-kind services of $5,000. 1993 Fourth of July Fireworks: The 1993 Fourth of July Fireworks event was a great success. Participation figures were estimated between 15,000-20,000. The entire Bayfront area was heavily impacted throughout the day and evening. Spectators arrived as early as 5:30 AM to reserve spaces. Parking lots were filled to capacity by 10:30 AM, as was available òn-street parking throughout the area. Overflow parking areas were 50% full by mid-afternoon. All available picnic and turf areas in bayfront parks were "reserved" by various groups by 2:00 PM. The Navy conducted tours of landing vehicles at the Public Pier during the afternoon, which provided recreational activities for families in the area. Additional spectators continued to enter the area throughout the day, with a heavy influx of vehicles and pedestrians beginning at approximately 6:00 PM, and continuing until 9:00 PM. Traffic was extremely congested immediately following the event, as some 4,000 vehicles exited the area. The Transit Division also transported in excess of 4,000 spectators into and out of the area on shuttle busses. [A1l3 -compride.AI3] 2 I>' ,,;.. ....-.+-..-....-...-... - - -...---..---..---.-----. Item /> Meeting Date 02/22/94 International Friendship Festival in El Cajon: The City of El Cajon has conducted an International Friendship Festival for the past three years. The event was financed by the City of El Cajon at a cost of approximately $20,000. El Cajon provides a full-time staff administrator to coordinate and oversee the project, which is two full days in length. The Festival's goals include the involvement of a vast diversity of ethnic groups, and some 32 individual groups were featured in booths at the 1993 event. Additional funding is provided each year by private donors. Staff Evaluation of combinilll! the Communitv Pride Fair and Fourth of Julv Fireworks Events The Community Pride/Cultural Arts Festival and the Fourth of July Fireworks Show have proven to be successful as independent special events, and they attract a good number of spectators. Staff recommends that it would not be in the City's best interest to combine these events. The advantages of combining the events include the fact that a very large crowd would be attracted to the event site to participate in one or both of the activities. A Community Pride Fair/4th of July event would provide organized activities for fireworks spectators who normally spend the day entertaining themselves. The Fourth of July holiday celebration would be an appropriate theme to support the "community pride" concept. Finally, there is a small advantage in the administrative planning and approval process of conducting one large scale special event on a single day as opposed to two separate events on separate dates. However, these advantages are outweighed by a number of disadvantages that would negatively impact both events. A primary concern of combining the events is the availability and willingness of groups and individuals to participate in the Community Pride Fair on the July fourth holiday. Groups from the elementary school district, high school district, and Southwestern College are normally not active during the summer months. Several groups from these entities have played key roles in the success of the Community Pride Fair in the Spring. For example, the School of Creative and Performing Arts from Chula Vista High School has conducted a highly successful Children's Activities area for the past two years at the Cultural Arts Festival. Some of the other groups, including non-profits and businesses, that have participated in the last two Festivals, have expressed a reluctance to participate in the Community Pride Fair, if it were conducted on July Fourth. Staff conducted an informal survey of 50 participants from the 1993 Cultural Arts Festival. The survey inquired into each groups' willingness to participate in a spring event, a Fourth of July event, or at both events. 35 of the groups responded to the survey. 14 % of the respondents indicated a preference for participating in an event on July Fourth. 60 % of the respondents said that they would rather participate in a late spring activity, and the remaining 26% indicated a willingness to participate on both dates. Many groups do not have full membership during the summer months due to family vacation schedules, and many families have traditional family celebrations on the Fourth of July. The fact that the Fourth of July will not always fall on a weekend day is another concern that has been expressed by several past participants. The one day holiday is not a preferred time for an all day commitment from many groups. Without the support of a wide variety of community groups, the Community Pride Fair may lose its unique character. The Chula Vista Police Department has also expressed concerns regarding a combined event. The Police Department is heavily impacted during the Fourth of July, due to a high law enforcement profile necessary throughout the day and evening. The Police Department's resources are further strained due to the Fourth of July [AII3 - compride.A13] 3 J-5'J - -.- ----------_._----~._---_._----_.._---~.._. Item /5 Meeting Date 02/22/94 being a Hard Holiday, which entails additional overtime expenses for regular duty officers. The police also have experienced difficulties in recruiting reserve officers and explorer scouts since the event occurs on a holiday. The Police Department is on site from 7:00 AM to 11:00 PM for the fireworks event. Conducting an additional special event on the same day may require a higher staff and equipment commitment by the Police. This required provision of time and resources for two events on a single day, was one of the reasons for not approving the Bonitafest and Harbor Days activities on the same day this past year. Staff contacted several other area communities to investigate what activities are conducted during the Fourth of July in conjunction with their fireworks displays. The City of National City does not have any supplemental activities on the Fourth, mainly due to concerns about City resources, most notably Police. The City of San Diego does not conduct or issue permits for any special events on major holidays, including the Fourth of July, due to the negative impact on City resources. Community-wide involvement is critical to the continued success of a Community Pride Fair. Staff contacted the City of EI Cajon, which sponsors the successful International Friendship Festival. The focus of their event is similar to that of Chula Vista's Community Pride Fair, and the event organizers in El Cajon stated that they did not schedule their event during the summer months, due to the fact that a crucial component of their event is the involvement and participation of children. They consider the summer months a poor time to conduct the event for this reason, and have selected a late Spring or early fall date for their annual event. Staff Recommendation Staff recommends that the Community Pride Fair and the Fourth of July events continue as two separate and individual events. Staff has selected the date of May 21, 1994 for the Community Pride Fair. This date does not conflict with any other area events, and occurs at a time similar to the past two years. Staff believes that it is critical to establish the Fair as an annual City event, and this period of time is an ideal time in terms of participation, weather, and tradition. Staff has been working with the Kellogg Elementary School and the Chula Vista High School of Creative and Performing Arts in planning and coordinating this year's event. The Cultural Arts Commission has taken on several key components of the Community Pride Fair, and the City's Cultural Arts Coordinator is busy planning the event. Although there are certain similarities between the Chula Vista's event and El Cajon's event, each is unique. Staff has also discussed the Community Pride Fair concept with the International Friendship Commission. The International Friendship Commission believes that an attempt to duplicate El Cajon's event in Chula Vista is somewhat redundant and would detract from both events, in that the El Cajon event has a County-wide draw due to its uniqueness. Staff envisions that a Chula Vista event with an International flavor could also command County-wide attention, if it is designed with a different focus rather than being a duplicate of another city's event. To this end, staff would recommend incorporating certain components of El Cajon's International Friendship Festival into the City's Community Pride Fair. The combination of these themes could be developed into the Chula Vista Festival of the Sun, which addresses the City of Chula Vista's need for a signature event that celebrates the quality and diversity of its artistic, cultural and community assets. Through thematically focused activities, the City will create a lasting, annual symbol that represents the efforts of the community to create a sense of place, spirit and harmony. The first annual Festival [AI13 - compride.A13] 4 /5~f' .---..---- Item /5' Meeting Date 02/22/94 of the Sun would be a multi-faceted, one day, outdoor celebration featuring the art, culture and folklore of the ancient Mayan, Aztec, and Inca Mesoamerican civilizations. Individual events could feature arts and crafts vendors, cooking demonstrations, performing arts presentations and visual arts exhibitions. The City, in collaboration with multiple agencies and Commissions, including the performing arts schools of Kellogg Elementary and Chula Vista High School; would provide diverse opportunities to celebrate this culture. Children's activities would be centrally located into a special area that would feature hands-on workshops, games and a children's performing arts stage. In future years, the Festival of the Sun could visit other continents/countries which ties in the International Friendship, Cultural Arts and Community Pride themes. The addition of activities would require additional resources and funding at a level that is not defined at this point. The current event has a budget of $4,000, with potential for additional funds through donations. Staff also recommends that a bayfront concert and family-oriented activities be conducted as a part of the Fourth of July event, with a substantially smaller impact on space and City resources. The City would provide staff to conduct some organized activities for children and adults that would include traditional picnic games and contests, and "new game" activities. These supplemental activities would be coordinated and conducted exclusively by City staff members, thus elhninating the need for participation by non-City groups and organizations. Contact with the Navy would again be made to arrange for tours of amphibious vehicles at the Public Pier, which would provide additional activities for spectators arriving in the area early in the day. The La Jolla Town Council has successfully conducted a concert that coincides with their fireworks display for a number of years. Staff would need to further investigate the feasibility and costs associated with the addition of a concert and organized activities to the Fourth of July event, and would need to return to Council with a request for additional funds to support such an event. A similar evaluation would need to take place if the City were to pursue the idea of a separate International Friendship Festival, or a combination event with a larger scope. The International Friendship Commission identified a figure of $20,000 to conduct the event. This funding estimate did not include staff resources to plan, coordinate and conduct the event. FISCAL IMPACT: There is no fiscal impact in operating the two events separately. However, a combination of events, the addition of a concert and related activities at the Bay in conjunction with the Fireworks event, or the staging of a separate International Friendship Festival, would require supplemental funding to provide additional City staff and support supplies and services. Attachments: A - Cultural Arts Commission Minutes - August 10, 1993 ,~ B - Parks and Recreation Commission Minutes - AU~ C - International Friendship Commission Minutes - J , 1994 [A1l3 - compride.A13) 5 /-?,Ç . _____~_m_______._____.,__ ------.-..'---.,.- Attachment A · Cultural Arts Commission 3 August 10, 1993 Meetings Minutes citizens, not to exceed $2,000 and Ms. Ables acting as the Commission liaison. c. NALLA Conference Summary - This item will be continued. 5. NEW BUSINESS a. Report on Community Pride Fair city Council directed staff to investigate ways to incorporate the Community Pride Fair with the Fourth of July activities. Staff evaluated both events and will be preparing a report that will be forwarded to Council. MSUC [Dumlao\Torres) 7-0 (Ms. Luna left the meeting, McAllister absent) recommended the Community Pride Fair and Fourth of July festivities be conducted âs two separate events, and not be combined into a single event. 6. SUB-COMMITTEE REPORTS a. The administrative guidelines for ~he Gayle McCandliss Art · Awards were reviewed by the Commission. The Arts Awards will be presented annually at the Annual Beautification Awards Banquet in the Spring of each year. An invitation to participate will be extended to members of schools or organizations - as a group or individually - to submit nominations for consideration. A perpetual fund has been established tQ recognize and provide monetary support who make substantial contributions to the arts in the City of Chula Vista. The original Ad-Hoc Committee will be disband and there will be a panel to make the selections. The panel will consist of a Commission member, one'Mccandliss family member and three community members. b. Save Our Sculpture Project Mario Lara and David Richardson, Urban Corps of San Diego, introduced Save Outdoor Sculpture (SOS) Project. The Project is a national volunteer effort that is being sponsored through the National Museum of American Art (Smithsonian Institute) and the National Institute for the Conservation of Cultural Property. · SOS is a joint project designed to establish a thorough base of information focusing attention on preserving outdoor sculptures. Brochures and fact sheets were distributed to the · If. ¿. Attachment B PARKS AND RECREATION COMMISSION PAGE 5 AUGUST 19, 1993 Commissioner Hall was elected by consensus. c. Community Pride Festival/4th of July Deputy Director Shy outlined the situation giving the pros and cons of holding the events together and separately. Motion to support staffs recommendation to operate the Community Pride Fair and the 4th of July Fireworks events as two separate and unique events. MSUC SANDOVAL-FERNANDEZ/CARPENTER 7-0 d. Bond Act (CALPAW) Chair Helton explained the focus of CALP A W94, the California Parks and Wildlife Initiative and asked anyone who is interested in working for signature to take action on it. Commissioner Willett stated that members of the Otay Valley Regional Park Citizens Advisory Committee are currently working toward obtaining signatures. Director Valenzuela eXplained to the Commission what CALP A W means in terrns of positive financial impact to the City of Chula Vista. Potentially $2.8. Motion to approve CALP A W in concept. MSUC ALVEY/PALMA 7-0 7. COMMUNICATIONS a. Written Correspondence NONE b. Commissioner's Comments HALL - would like to place "park rangers" on the agenda for discussion in September. WILLETI - feels that Deputy Director Shy and Director Valenzuela have a good feeling for what is going on in the community. SANDOVAL - Mentioned hearing about a Junior High with a park that is planned for the future and wondered why the Commission had not been given a presentation on this project. The Director stated that this project is in the distant future and will be brought to the Commission when the time is closer. I">" ? -- ---"-......-.. .-..-.----.--,.- Attachment C I MINUTES OF REGULAR MEETING INTERNATIONAL FRIENDSHIP COMMISSION CITY OF CHULA VISTA, CALIFORNIA January 24, 1994 4:10 P.M. MEMBERS PRESENT: Chairperson Taboada, Vice-Chairperson Ramirez, Members Alvarez, Baker, Carman, Thomas, McDonald MEMBERS ABSENT: DeLaMata, excused and Knodt, unexcused MINUTES: Correction to the minutes of November 22, 1993 are under REPORTS, C. Teresa Thomas - Terry and Doris wrote two checks to the IFC from the Chula Vista/Irapuato Sister Cities Account, one for $200.00 from the Southern California Sister City Association and one for $763.47 from the US/Mexico Sister City Association. These were for conferences we participated in. MSC (Carman/Baker) To accept the minutes as corrected. Vote: Yes: Alvarez, Baker, Carman, McDonald, Ramirez, Taboada, Thomas Absent: DeLaMata, Knodt Due to several guests present the order of the agenda was changed. Roy Potter gave a presentation about a city in Albania that he has been involved with and is interested in starting a link or sister city program with them, John Gates & Felicia Shaw from the Parks and Rec Department were in attendance in reference to the City Council Referral, International Friendship Festival. The International Friendship Festival has been referred to the Parks and Recreation Department as the lead department. John and Felicia presented what they are putting together with the Cultural Arts Commission and said maybe we could all work together on the Festival of the Sun. The IFC Members then told John & Felicia how this all came about. It was never the idea of the IFC to have an International Friendship Festival, it was at the request of the City Council Members that one was looked into. The IFC does not feel they have the man power, time or money to put on an International Friendship Festival. The IFC feels that the $20,000 would be better spent if given to the Cultural Arts for a festival and let them hire someone to plan it and be in charge. The IFC also feels the City of Chula Vista needs its own identity rather then duplicating what another city is doing. Thp. Cultural Arts Commission seems to have a good plan and program in the works and the IFC would like to see them go forward with their plans. /ýý .-..-.---.-------..---- .'_._M'·__"'_""_·_"__'_'___'_~__'_