HomeMy WebLinkAboutAgenda Packet 1994/02/15
"\ declare under penalty of perjury t'hat i am
em;>lo':e1 b" t:,e City of Chula Vista in the
On ice 01 .: e : it,. :.::Ie,:, anJ that I posted
Tuesday, February \5, 1994 this Agen :"I,-,oi:e "n the Bulletin Board at Council Chambers
6:00 p.m. the pUb¥e')ces BuoldinJ and Ci Hall on " Public Services Building
DATED, ,"''1 SIGNED &.
Re lar Meetin of the Cit of Chu a Vista
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: February 1. 1994 (City Council Meeting), February I, 1994 (Joint
Meeting of the City Council/Redevelopment Agency), and February 8,
1994.
4. SPECIAL ORDERS OF THE DAY: None submitted.
CONSENT CALENDAR
(Items 5 through 8)
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 Coundlmember, 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 Fonn" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete
the green fonn to speak in favor of the staff recommendation; complete the pink fonn 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: None submitted.
6. RESOLUTION 17389 REQUESTING THE CALIFORNIA PUBLIC UTILITIES COMMISSION
TO PROVIDE OVERSIGHT IN THE DEVELOPMENT AND
GEOGRAPIDC DEPLOYMENT OF FIBER OPTIC FACILITIES AND
OTHER TECHNOLOGIES CONNECTED WITH THE PROPOSED
INFORMATION SUPERHIGHWAY TO ENSURE THAT ALL
GEOGRAPIDC AREAS RECEIVE FAIR AND TIMELY INCLUSION IN
THE DEVELOPMENT AND DEPLOYMENT OF THIS NETWORK - The
development of an "information superhighway" -- a fiber optic technology and
communications network -- has the potential for expanding consumer access to
education, health care and other products and services throughout the regions
targeted for such upgrades by the communication companies. To ensure that all
geographic areas receive fair and timely inclusion in the development of this
network, Council requested on 2/1/94, that a resolution be prepared asking the
California Public Utilities Commission to provide oversight in the
superhighway's development. Staff recommends approval of the resolution.
(Director of Management and Information Services)
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Agenda -2- February 15, 1994
7. RESOLUTION 17390 ACCEPTING BIDS AND AWARDING CONTRACT FOR THE
CONSTRUCTION OF SIDEWALK RAMPS (PHASE X - FISCAL YEAR
1993/94) AT VARIOUS LOCATIONS IN THE CITY (ST-S13) - In
recognition of problems faced by physically challenged residents, the City has
established an on-going program to improve existing sidewalk facilities which
lack wheelchair ramps. The construction of the ramps at various locations
enhances the mobility of the residents. The contract represents Phase X of the
program, and provides for the construction of 49 wheelchair ramps. 11 should
be noted that the wheelchair ramps to be constructed under the contract comply
with Americans with Disabilities Act (ADA) requirements currently in effect.
The work consists of removal of existing curbs, gutters and sidewalk,
construction of pedestrian ramps, sawcutting, relocation of street signs,
protection and restoration of existing improvements, and traffic control. Staff
recommends approval of the resolution awarding the contract to A.H. Builders
in the amount of $35,600. (Director of Public Works)
8. REPORT SEWER SERVICE BILLINGS FOR COMMERCIAL AND INDUSTRIAL
ACCOUNTS IN THE CITY - On 12/14/93, Council inquired about the current
method of billing industries and businesses for sewer service. The report
discusses the manner in which sewer service rates were determined. for these
types of users. Staff recommends Council accept the report. (Director of
Public Works)
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as public hearings as required by law. If you wish to
speak to any item, please fill out the "Request to Speak Fonn" available in the lobby and submit it to the City
Clerk prior to the meeting. (Complete the green fonn to speak in favor of the staff recommendation; complete
the pink fonn to speak in opposition to the staff recommendation.) Comments are limited to five minutes per
individual.
9. PUBLIC HEARING CONSIDERING ORDINANCE EST ABLISUING TELEGRAPH
CANYON SEWER PUMPED FLOWS DEVELOPMENT IMPACT FEE
(DIF) TO PAY FOR SEWER IMPROVEMENTS WITHIN TELEGRAPH
CANYON SEWER BASIN AS A CONDITION OF ISSUANCE OF
BUILDING PERMITS FOR CONSTRUCTION IN THE TELEGRAPH
CANYON SEWER BASIN - On 10/20/92, the City established the Telegraph
Canyon Sewer Development Impact Fee. Based on the "Telegraph Canyon
Sewer Basin Improvement and Financing Plan Amendment Incorporating
Pumped Flows" a fee of $560 per pumped Equivalent Dwelling Unit (EDU)
should be established. Staff recommends Council place the ordinance on first
reading. (Director of Public Works) Continued from the meeting of 2/1194.
ORDINANCE 2582 ESTABLISHING THE TELEGRAPH CANYON SEWER PUMPED
FLOWS DEVELOPMENT IMPACT FEE TO PROVIDE FOR THE
CONTINGENT CONSTRUCTION OF SEWER IMPROVEMENTS
WITmN THE TELEGRAPH CANYON SEWER BASIN IF SEW AGE IS
DIVERTED FROM SALT CREEK AND POGGI CANYONS AS A
CONDITION OF ISSUANCE OF BUILDING PERMITS FOR
CONSTRUCTION IN THE TELEGRAPH CANYON SEWER PUMPED
FLOWS BASIN (first readill2)
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Agenda -3- February 15, 1994
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 Fonn" available
in the labby 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 follaw up action. Your time is limited to three minutes per speaker.
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consitler items which have been forwarded to them for consitleration by one
of the City's Boards, Commissions and/or Committees.
None submitted.
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantiol discussions and deliberations by
the Council, staff, or members of the general public. The items will be considered individually by the Council
and staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please
fill out a "Request to Speak" fonn available in the lobby and submit it to the City Clerk prior to the meeting.
Public comments are limited to five minutes.
10. RESOLUTION 17387 APPROVING AN AGREEMENT WITH MERRICK AND COMPANY FOR
PHOTOGRAMMETRY, SURVEYING, AND PLANIMETRIC MAPPING
SERVICES - The Agreement is for photogrammetry, surveying and
planimetric mapping services to update two very important data sets, which are
the sets of maps showing topographic contours and orthophotos. It will also
establish first and second order survey control points in the City, and it will
collect data on the sewer system and other City facilities which will be used to
support the City's infrastructure maintenance programs. All of the data will be
in a computer format so thaI it may be stored and maintained on the City-wide
Geographic Information System (GIS). As part of the GIS, the data will be
developed into various base maps and databases available to all City
departments; and, thereby, supporting City staff in providing accurate and
consistent information to the public. Staff recommends Council approve the
resolution awarding an agreement in the amount of $572,128 with Merrick and
Company, authorize the expenditure of $572,128 from the GIS project CIP, and
authorize the Mayor to execute said agreement. (Director of Public Works)
Continued from the meeting of 2/8/94.
11. REPORT PROMOTION OF BUSINESSES AFFECTED BY CONSTRUCTION ON
BROADWAY - On 1/11/94, Council directed staff to meet with the Broadway
Business Association, Chamber of Conunerce, and other appropriate
organizations to develop a strategy to assist businesses located on Broadway
which have been adversely affected by recent street construction. Staff
recommends Council accept the report. (Director of Community Development
and Director of Public Works)
12. REPORT UPDATE ON SOLID WASTE DISPOSAL ISSUES - An oral report will be
given by staff.
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Agenda -4- February 15, 1994
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City Council will discuss items which have been removed from the Consent Cakndar.
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
13. CITY MANAGER'S REPORT IS)
a. Scheduling of meetings.
14. MAYOR'S REPORTIS)
a. National Maglev Prototype Development Program.
15. COUNCIL COMMENTS
Councilman Rindone
a. Status of community policing (patrol).
b. Updated report regarding curfew violations.
c. Coordination of nonprint materials collection for EastLake High School Public Library and South
Chula Vista Public Library (CD Rom programs, on line data base, electronic card catalogues,
laser disk and telecommunications). Continued from the meeting of 2/8/94.
Councilman Fox
d. Discussion of City involvement in the Gospel Music Festival. Continued from the meeting of
2/8/94.
e. Support for community-wide Church Coalition's effort in youth programming.
ADJOURNMENT
The City Council will meet in a closed session immediately following the Council meeting to discuss:
Instructions to negotiators pursuant to Government Code Section 54957.6 - Chula Vista Employees
Association (CVEA), Western Council of Engineers (WCE), Police Officers Association (POA),
International Association of Fire Fighters (IAFF), Executive Management, Mid-Management, and
Unrepresented. Continued from the meeting of 2/8/94.
Pending litigation pursuant to Government Code Section 54956.9 - County of San Diego regarding Daley
Rock Quarry CUP.
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Agenda -5- February 15, 1994
Pending litigation pursuant to Government Code Section 54956.9 - Christopher vs. the City of Chuta Vista.
Pending litigation pursuant to Government Code Section 54956.9 - EP A vs. the City of San Diego, Chula
Vista aßÙcus party discussion, instructions to attorneys.
Pending litigation pursuant to Government Code Section 54956.9 - Chaparral Greens vs. the City of Chula
Vista, Baldwin.
Pending litigation pursuant to Government Code Section 54956.9- Chula Vista vs. San Diego Shipbuilding.
Potential litigation pursuant to Government Code Section 54956.9 - Chammas vs. the City of Chula Vista.
The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on February 22,
1994 at 6:00 p. m. in the City Council Chambers.
A meeting of the Redevelopment Agency will be held immediately following the City Council meeting.
"--.-
February 10, 1994
TO: The Honorable Mayor and City Council ~~
FROM: Sid W. Morris, Assistant City Manager 'i~
SUBJECT: City Council Meeting of February 15, 1994
This will transmit the agenda and related materials for the regular City Council
meet i ng schedu led for Tuesday, February 15, 1994. There are no Wr i tten
Communications on this agenda.
SWM:mab
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COUNCIL AGENDA STATEMENT
Item: ¿,
Meeting Date: 2/15/94
ITEM TITLE: Resolution J7:JH" Requesting the California
Public utilities commission to provide oversight in
the development and geographic deployment of fiber
optic facilities and other technologies connected
with the proposed information superhighway to
ensure that all geographic areas receive fair and
timely inclusion in the development and deployment
of this network.
SUBMITTED BY: D~rector of Manage~nt and Information services~
REVIEWED BY: C1ty Manage~~~4/sthS Vote: Yes___ No X)
The development of an "information superhighway" -- a fiber optic
technology and communications network -- has the potential for
expanding consumer access to education, health care and other
products and services throughout the regions targeted for such
upgrades by the communication companies.
To ensure that all geographic areas receive fair and timely
inclusion in the development of this network, the City Council
requested at their meeting of February 1, 1994, that a resolution
be prepared asking the California Public utilities Commission (PUC)
to provide oversight in the superhighway's development.
RECOMMENDATION:
That Council adopt the resolution requesting the PUC to provide
oversight in the development and geographic deployment of fiber
optic facilities and other technologies connected with the proposed
information superhighway to ensure that all geographic areas
receive fair and timely inclusion in the development and deployment
of this network.
BOARDS/COMMISSIONS RECOMMENDATION: None
FISCAL IMPACT:
There is no direct fiscal impact associated with this action.
Depending on the marketability of early technological improvements
and the deployment pattern of those improvements, the information
superhighway program could have a significant economic impact on
the ability of the City of Chula vista to attract and retain
competitive businesses and high-technology industries.
A:\JY\CVPUC.113
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RESOLUTION NO. 1738'9
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA REQUESTING THE CALIFORNIA PUBLIC
UTILITIES COMMISSION TO PROVIDE OVERSIGHT IN
THE DEVELOPMENT AND GEOGRAPHIC DEPLOYMENT OF
FIBER OPTIC FACILITIES AND OTHER TECHNOLOGIES
CONNECTED WITH THE PROPOSED INFORMATION
SUPERHIGHWAY TO ENSURE THAT ALL GEOGRAPHIC
AREAS RECEIVE FAIR AND TIMELY INCLUSION IN THE
THE DEVELOPMENT AND DEPLOYMENT OF THIS NETWORK
WHEREAS, the federal government has set a priority for
implementing a nationwide "information superhighway"; and
WHEREAS, the development of such a technology and
communications network has the potential for expanding consumer
access to education, health care and other products and services;
and
WHEREAS, the potential benefits also include improved
business productivity and job creation; and
WHEREAS, several large media and communications
corporations are currently vying to provide the facilities and
services required for this information superhighway; and
WHEREAS, the potential negative impact on job creation
and future economic growth on areas or jurisdictions overlooked in
the implementation of this system is considerable; and
WHEREAS, the council wishes to make every effort to
ensure that all areas of the state receive fair and timely
inclusion in the information superhighway.
NOW, THEREFORE, BE IT RESOLVED that the city council of
the City of Chula vista does hereby request the California Public
utilities commission to provide oversight in the development and
geographic deployment of fiber optic facilities and other
technologies connected with the proposed information superhighway
to ensure that all geographic areas receive fair and timely
inclusion in the development and deployment of this network.
BE IT FURTHER RESOLVED that the city Clerk of the city of
Chula vista is hereby directed to forward a certified co y of this
resolution to Mr. Daniel Fessler, President, Califor a Public
utilities Commission, 505 Van Ness, san ;,ra , ~n:f 4102
Presented by
Louie vignapiano, Director of .Bruce M. Booga
Management and Information Services city Attorney
c: \ rs\ f ibe ropt. puc
?-¿;¿
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COUNCIL AGENDA STATEMENT
ItemL
Meeting Date 2/15/94
ITEM TITLE: Resolution J7:J?tJ Accepting bids and awarding contract for the
construction of sidewalk ramps (Phase X - FY 93/94) at various locations in the City
of Chula Vista, CA (ST-513)
SUBMITTED BY: D"- of""lio Wo" ,
REVIEWED BY: City Manager.J~ P¡j (~\ (4/5ths Vote: Yes_No-XJ
At 2:00 p.m. on January 19, 1994, the Director of Public Works received sealed bids on the "Construction of
Sidewalk Ramps". The work to be done consists of removal of existing curbs, gutters and sidewalk,
construction of pedestrian ramps, sawcutting, relocation of street signs, protection and restoration of existing
improvements, and traffio control.
RECOMMENDATION: That Council approve the resolution accepting the bids and awarding contract to A.H.
Builders in the amount of $35,600.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The City of Chula Vista, in recognition of problems faced by physically challenged residents has established
an on-going program to improve existing sidewalk facilities which lack wheelchair ramps. The construction
of these ramps at various locations in the City enhances the mobility of these residents. This contract represents
Phase X of the program, and provides for the construction of 49 wheelchair ramps (Exhibit A). Several factors
were oonsidered in the selection of the wheelchair ramps to be constructed including population demographios,
proximity to public buildings, major streets, bus routes and commercial districts. It should be noted that the
wheelchair ramps to be constructed under this oontract comply with ADA requirernents currently in effect.
Environmental Status
The City's Environmental Review Coordinator has detennined that this project is categorically exempt under
Class I, Section 15301(c) "Minor Alteration of Existing Facilities" of the Califomia Environmental Quality Act.
Bid Results
This project was advertised for a period of one month beginning December 18, 1993. During that period, plans
were purchased by 15 contractors and on the bid opening date, bids were submitted by seven contractors. The
bids received are as follows:
Contractor Bid Amount
1. AH. Builders - Chula Vista $35,600.00
2. B-1 Entetprise Corp. - Rancho Cucamonga 42,379.00
3. A. Vam Inc. - National City 52,400.00
4. Heffler Co., Inc. - San Diego 64,300.00
5. Basile Construction, Inc. - San Diego 68,154.75
6. Carolyn E. Scheidel, Contractor - La Mesa 76,300.00
7. Interwest Pacific, Ltd. - San Diego 83,500.00
7-1
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Page 2, Item 7
Meeting Date 2/15/94
The low bid by A.H. Builders is below the engineer's estimate of $49,250 by $13,650 or by 38%. Staff has
conducted a background check and past perfonnance evaluation and detennined that A.H. Builders Company
has the resources to complete the project on schedule and within budget. We have reviewed the bid and
recommend awarding the contract to AH. Builders. Attached is a copy of the Contractor's Disclosure
Statement.
Prevailing W a¡(e Statement
The souroe of funding for this project is CDBG funds. Prevailing wage scales as those detennined by the
Federal Department of labor are applicable to the work to be done. The bid documents for this proj ect, per
Federal regulations, require the Contractor to offer sufficient portion of the work to Disadvantage Business
Enterprises (DBE) which include both minority and woman owned business enterprises. A.H. Builders Company
has satisfied the DBE participation requirements and has cornplied with the City of Chula Vista goals.
Construction Related Imnacts
To complete this project, the contractor will need to work at 28 different looations. Therefore, the bid
documents include provisions that limit the number of looations the contractor can work at the same time, and
the length of time each site may remain open. Under no circumstances will the contractor be pennitted to leave
a work site open during weekends. The contractor is also required to notify affected property owners 48 hours
prior to start of construction.
The City Attorney has detennined that, under the provisions of28 CFR 35.151(b), alteration of the intersections
in the manner herein contemplated will not trigger a requirement to do additional alteration to driveway ramps
leading from the named intersection. Nevertheless, at the City Attorney's request, our staff has inspected the
"route of acoess" leading from the named intersections for one block each, and has fonned the opinion that the
existing driveway ramps leading from the proposed intersection ramp installations will not pose a barrier to
accessibility to a person required to operate a wheelchair.
FINANCIAL STATEMENT:
FUNDS REQUIRED FOR CONSTRUCTION
1. Contract Amount $35,600.00
2. Contingencies (\0%) 3,560.00
3. Inspection Staff 4,335.66
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $43,495.66
.
FUNDS AVAaABLE FOR CONSTRUCTION
1. CDBG ST513 $43,495.66
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $43,495.66
FISCAL IMPACT: This reflects an expenditure of funds authorized in the 1993-94 CIP budget as indicated.
Attachments: Contractor's Disclosure Statemeut NO -r" S t! ¡IJ ~ N f!f: b
List of Ramps to be Constructed (Exhibit A)
SAAX-135
WPC F:\HOME\ENGINEER\AGENDA\1602.94
7-~
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RESOLUTION NO. /7.39¿J
RESOLUTION OF THE CITY COUNCIL AGENCY OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND
AWARDING CONTRACT FOR THE CONSTRUCTION OF
SIDEWALK RAMPS (PHASE X - FY 93/94) AT VARIOUS
LOCATIONS IN THE CITY OF CHULA VISTA, CA. (ST-
513)
WHEREAS, at 2:00 p.m. on January 19, 1994, the Director
of Public Works received the following six sealed bids on the
"construction of Sidewalk Ramps":
Contractor Bid Amount
1. A.H. Builders - Chula Vista $35,600,00
2. B-1 Enterprise Corp. - Rancho Cucamonga 42,379.00
3. A. Vara Inc. - National City 52,400.00
4. Heffler Co., Inc. - San Diego 64,300.00
5. Basile Construction, Inc. - San Diego 68,154.75
6. Carolyn E. Scheidel, Contractor - La Mesa 76,300.00
7. Interwest Pacific, Ltd. - San Diego 83,500.00
WHEREAS, the low bid by A.H. Builders is below the
engineer's estimate of $49,250 by $13,650 or by 38%; and
WHEREAS, staff has conducted a background check and past
performance evaluation and determined that A.H. Builders Company
has the resources to complete the project on schedule and within
budget and has reviewed the bid and recommends awarding the
contract to A.H. Builders; and
WHEREAS, the City's Environmental Review coordinator has
determined that this project is categorically exempt under Class 1,
section 15301(C) "Minor Alteration of Existing Facilities" of the
California Environmental Quality Act; and
WHEREAS, the source of funding for this project is CDBG
funds with prevailing wage scales as those determined by the
Federal Department of labor are applicable to the work to be done;
and
WHEREAS, the bid documents for this project, per Federal
regulations, require the Contractor to offer sufficient portion of
the work to Disadvantage Business Enterprises (DBE) which include
both minority and woman owned business enterprises and A.H.
1
?-J
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Builders Company has satisfied the DBE participation requirements
and has complied with the City of Chula vista goals.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby accept bids and award the
contract for construction of sidewalk ramps (Phase X - FY 93/94) at
various locations in the city of Chula vista to the low bidder, A.
H. Builders, in the amount of $35,600.
The city Council further finds:
1- That the "altered portion" of the facility, as the
term in used in 28 CFR 35.151(b), is the specific area of the ramp
at the place where the ramp is designated to be installed, and no
other or larger portion of the sidewalk facility in the vicinity of
the ramp is included within the meaning of such term;
2. That the Council would not have authorized this work
if the "altered portion" of the facility were expanded in any way
to include an area of improvement greater that than set forth in
subsection 1.
3. That council's approval of the Contract herein is
granted conditionally under the interpretation that no other
alteration other than that approved herein will be required under
the law;
4. That if a court or regulatory agency asserts a con-
trary or inconsistent position, the council's approval of the
project shall be deemed revoked and/or terminated and the
intersection ramps herein approved for alteration are to be
returned by the city to their original condition as if this
approval were not granted.
As between the city and the contractor who is awarded the bid to do
this work of improvement, nothing herein shall affect the validity
of such contract once signed by the City and the Notice to Proceed
is issued.
BE IT FURTHER RESOLVED that the Mayor of the city of
Chula vista is hereby authorized and directed to xecute said
contract for and on behalf of the city 0 Chula vis
Presented by at
I
Lippitt, ;/
John P. Director of Bruce M. Boogaard, C~
Public Works Attorney
C:\rs\rup.bid
2
7''1/7-5
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THE CITY OF CHULA VISTA DISCLOSURE STATEMENT
You are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign
( ~ntribuûons, on all matters which will require discreûonary acûon on the part of the City Council, Planning Commission, and
"..i other official bodies. The following infonnaûon must be disclosed:
1. List the names of all persons having a financial interest in the property which is the subject of the applicaûon or the
contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
-1õ"~ ~A-r-JQ":1. ¡"".\). ~ 01)<-
-kwol(tJ~J(} M"V'O{J((¡þ<'
¡,,q ~~ (A~NIr"
2. If any person. idenûfied pursuant to (1) above is a corporaûon or partnership, list the names of all individuals owning
more than 10% of the shares in the corporaûon or owning any partnership interest in the partnership. r{.A.
3. If any person. idenûfied pursuant to (I) above is non-profit organizaûon or a trost, list the names of any person serving
as director of the non-profit organizaûon or as trustee or beneficiary or trustor of the trust. N. . ~ .
(
4. Have you had more than $250 worth of business transacted with any m~ of the City staff, Boards, Commissions,
Committees, and Council within the past twelve months? Yes_ No If yes, please indicateperson(s):
S. Please idenûfy each and every person, including any agents, employees, consultants, or independent contractors who you
have assigned to represent you before the City in this matter. t-t~
6. Have you aod/or your officers or agents, in the aggre~, contributed more than $1,000 to a Counci1 member in the
current or Prel:"";'18 elecûon period? Yes_ No If yes, state which Council member{s):
. . . (NOTE: Attach addltlouaJ pqes as lie( I .~
Date: -lo,-9<{
Signature f contractor/applicant
( /I (} íO(J ( 0 /-( E (l..() ¡q (J 0 E ""Z-
7-.£' Print or type name of cont:ractOr/applicant
. fIlæ! Is úJfM4 as: 'Any bulM4IIaI. /Inn, co-pœrnersIùp. Joint-. assoc/allon. sodDI c/WJ. þr11erMl 0Tfd/IIZIUI.... <mp<n'ØIion. -, mut. ",coMr.
syndictJU. r1úJI øII4 "'" orMr CDfDIly, cIIy øII4 CDIIIIlTy, dry -uc/pl2tlly. 4/sIrICf, or orMr potiIicøl svb4Ms/on. or "'" - fTO'IP or ....,H/Ø//on......' as ø
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EXHIBIT n An
WHEELCHAIR RAMPS. (PHASE X FY 1993-94\
( . Location NEC SEe Nwe swe
Not WIthin
. Curb Return
T -Section of Mcintosh and
Broadway X X
T ~S.ction of Casselman and
Broadway X
T-Section of Kennedy and
Third X
T-Section of Woodlawn and
"F" Str..t X X
Public Works Yard'. Driveway
on Woodlawn North of "F" X X
Alley T-Saction with "'H"
Str..t ea.t of Fourth Avenue X
T-Section of Westby end
Fourth X X
Intersection of Quintarel
and Second X X X X
Inter.ection of Ouintard
and First X X
Int.,..ction of East ilL"
and Hilltop X X X X
T-Section of Donahoe and
Hilltop X X
T -Section of Angela Lane
.nd Hilltop X X
T -Section of Moss and
Hilltop X X
Inter.ection of "L" and
Third X X X
Intersection of Mo.. and
Third X X
T -Section of Barrett and
Hilltop X X
T-Soction of Hilltop Ct. .nd
Hilltop Drivo X X
T-Section of Guotoy end
Hilltop Drlvo X X
( NEC _ North E..t Corner; SEC· South e..t Corner; NWC - North We.t Comer;
awe - South We.t Corner
C':I~~- 7-(,
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EXHIBIT' A'
WHEElCHAIR RAMPS. (PHASE X FY 1993·941
( CONTINUED
.,
location NEC SEC NWC !YiQ Not Within
. Curb Return
Intersection of East Naples
end Hilltop X
T·Section of Date Avenue
end -¡- Str..t X X
In Front of 225-227 Third Avenue X
In Front of 232 1/2 Third Avenue X
In Front of 275-279 Third Avenue X
In front of 282 Third Avenue X
In Front of 3208 Third Avenue X
In Front of 329 Third Avenue X
In Front of 357 Third Avenue X
Intersection of Fourth Avenue &. I Str.et X
NEC _ North East Corner; SEC - South East Corner: NWC - North West Corner;
I awe· South West Corner
(
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COUNCIL AGENDA STATEMENT
ITEM Ý
MEETING DATE 2/15/94
ITEM TITLE: Report on sewer service billings for commercial and industrial accounts
in the City of Chula Vista
SUBMITTED BY: Director of Public of wor~
REVIEWED BY: City Manager jli bÔ ~\ (4/5ths Vote: Yes_ No X)
Council Referral No. 2839
At the Council meeting of December 14, 1993, Council inquired about the current method of
billing industries and businesses for sewer service. This report discusses the manner in which
sewer service rates were determined for these types of users. A separate report was approved
by Council regarding Mr. Schnaubelt's property on January 11, 1994 (attached).
RECOMMENDATION: That the Council accept this report.
BOARDS/COMMISSIONS RECOMMENDATIONS: Not applicable
DISCUSSION
The City of Chula Vista is a participating member in the Metropolitan Sewerage System
(METRO). In Fiscal Year 1990-91, all agencies participating in METRO were required to
prepare a wastewater revenue program in accordance with the "Revenue Program Guidelines
for Wastewater Agencies" published by the State Water Resources Control Board because of
the use of Clean Water Program grant funds by Metro. State regulations mandate that a
system for charging users based on both quantity and quality of generated wastewater finance
all sewage related expenses. The Wastewater Revenue Program was required to include both
City collection system expenses and the City's share of METRO system maintenance and
operation expenses.
The City hired a consultant to prepare the "Wastewater Rate Plan and Revenue Program" that
would be used to determine the sewer billing methodology and the sewer service charges for
Fiscal Year 1991-92. The following steps were involved in preparation of the Revenue
Program:
1. Determination of annual revenue requirements.
2. Identification of users.
~~I
3. Allocation of costs to flow and wastewater quality parameters.
4. Assignment of all users to wastewater quality categories.
5. Determination of sewer service charges.
Chula Vista rate schedules did not consider water quality parameters prior to Fiscal Year 1991-
92. In order to distribute the cost of operation to customers in a fair and equitable manner as
required by the State, the study classified all customers by the anticipated total suspended
solids content of their wastewater discharge. Three rate categories based on the predicted
wastewater strength (suspended solids content) were implemented for commercial and industrial
customers.
The commercial and industrial sewer service rates for Fiscal Year 1993-94 are as shown below.
These charges were increased above the Fiscal Year 1991-92 rates due to the increasing cost
of wastewater transportation and treatment in the METRO system. The distribution of costs
to the customer categories is in accordance with the approved Revenue Program.
Low-strength: $1.47 per 100 cubic feet (RCF) of water consumed
Medium-strength: $1.81 per HCF of water consumed
High-strength: $2.44 per HCF of water consumed
Commercial and industrial classifications are shown in the Table 1, "Proposed User
Classification and Assumed Pollutant Concentration" . The gIven suspended solids
concentrations are in accordance with the State guidelines and are used to classify a
commercial property as a low, medium or high-strength discharger. Commercial and industrial
customers who discharge over 25,000 gallons per day must have their sewer service charges
individually determined based on flow and total suspended solids.
When the Montgomery area was annexed, the City agreed to keep Montgomery's rates lower
than the rest of Chula Vista by using their reserves to help offset the annual costs, although
the sewer service provided to both areas was the same. During preparation of the Wastewater
Revenue Program, the separate sewer service rate structure for the Montgomery area was
discussed with State personnel. Since the operation and maintenance expenses directly related
to the Montgomery area cannot easily be separated out from the rest of the City, a merger of
the two areas into one area having a single rate structure was recommended by the consultant
and approved by City Council on June 4, 1991 when the Wastewater Rate Plan and Revenue
Program was adopted. The State agreed to the plan presented by City staff which included
raising the Montgomery area sewer service charges to the rates charged to the rest of the City
over a period of three years. In Fiscal Year 1992-93 the rates in the Montgomery area were
increased to be equal to that of the rest of the City.
Prior to Fiscal Year 1991-92, the sewer service charges for commercial and industrial
properties in the Montgomery area were calculated based on the number of equivalent dwelling
units (EDU) multiplied by the single family rate (which equals 1.0 EDU). During Fiscal Year
1991-92, the method used to charge commercial and industrial properties in the Montgomery
area was revised in order to comply with State requirements. Commercial and industrial
customers were billed on the basis of their actual water usage during the latest available
If'' .;¿
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Page 3, Item r
Meeting Date 2/15/94
previous 12 month period. Each business was classified as either low, medium or high strength
based on Table 1. Currently there are 2,310 commercial and industrial water accounts in the
City that are being billed for sewer service.
Table 2 includes a listing of commercial and industrial sewer service billing rates for eight
other agencies in San Diego County. The City of Chula Vista sewer service rates are lower
than most of the agencies surveyed. The comparative simplicity of the City's rate structure
makes it easier to calculate commercial sewer service charges and to explain to the customer
how the charges are determined.
The City's adopted sewer billing method has been prepared in accordance with State guidelines
and approved by the State. If the method is changed, the State should have the opportunity
to review that change.
The rates are required to reflect the actual cost of wastewater collection, transportation and
treatment. Charging commercial customers at lower rates (requiring the residential customers
to subsidize the commercial customers by paying higher rates) would not be in accordance with
the State guidelines.
Staff therefore recommends that no changes be made to the current method of billing
commercial and industrial accounts for sewer service.
FISCAL IMPACT: None
Attachments:
Table 1: Proposed User Classifications and Assumed Pollutant Concentration
Table 2: Commercial Rates for other Agencies
Attachment 1: Report to Council dated 1/11/94 NOr SCANNED
BVHKY-081
f:\homc\engincer\agenda\commrate.agc
02108/94
2" ~ .J
.' _._+-~....'-"_.'.~
TABLE 1
PltOPOSED USER CLASSIFICATIONS AND
ASSIJI£D POLLUTANT CONCENTRATIONS
IICI) SS
u..r Cl...lftcetton (p III) (p III)
R..ldentt.1 200 200
Low.Strenath e~rei.l
a..lc C....rcl.1 150 150
car wa.h 20 150
Oepertmlnt & R.t.ll Stor.. 150 150
Not.l. wlo Otnlng F.ctlltt.. 310 .120
HOIplt.1 & COnv1Il..c..t 250 100
LMnIr_t 150 110
Prof...t....l Office 130 80 ¡
SChaol & coll_ 130 100 !
Soft wat.r ..rvlc. 3 55
Medium-Strenath ~~rci.l
Bar. wlo Olnlng Facllltl.. 200 200
eo.oercl.1 Laundry 450 240
Repel r Shop & s.rvlc. Station 180 280
Sh_lng c..t.r 400 432
Hiah-Strenath Commercial
Auto St... Cleantng 1,150 1,250
a.k.ry, Whol...I. 1,000 600
Mot.l with Olnlng Fecllltl.. 500 600
Indultrt.1 Laundry 670 680
Mortuarl.. eoo eoo -
...t_ant 1;000 600 .
. SUpI_rklt. eoo eoo
asI!!t
Sept... 5,400 12,000
.
~--i
TABLE 2
COMMERCIAL RATES FOR OTHER AGENCIES
City of Chu1a Vista
Low - $1.47 per 100 cubic fee (HCF) of water consumed
Med - $1.81 per HCF of water consumed
High - $2.44 per HCF of water consumed
The City of Chula Vista assumes 90% of water consumed is returned to the sewer.
City of El Caion
Low - $1.69 per 100 cubic feet (HCF) of water consumed
Med - $2.16 per HCF of water consumed
High - $2.78 per HCF of water consumed
'City of Escondido (Not in Metro Svstem)
Based on water consmnption:
Commercial/Hospital = 67% of water consumed x $1.30/1000 gal + base rate of $7.80
Restaurant = 67% of water consumed x $2.90/1000 gal + base rate of $7.80
Churches: $10.90 per every 100 seats per year
Elementary Schools: $4.60 per student per year
Junior and High Schools: $6.00 per student per year
· Commercial, churches and schools are similar to our low-strength rate, restaurant similar to our high-strength rate.
City of Imnerial Beach
Commercial Sewer Service Charges range from:
$2.29 per HCF of water consumed to $4.45 per HCF of water consumed, depending on class.
City of La Mesa
Low ~ $5.45 base charge + $1.30 per HCF of water consumed
Medium = $5.45 base charge + $1.45 per HCF of water consumed
High ~ $5.45 base charge + $1.60 per HCF of water consumed
Extra High = $5.45 base charge + $4.55 per HCF of water consumed
National Citv
Low - $1. 96 per HCF of water consumed
Med Low- $2.16 per HCF of water consumed
Med - $2.25 per HCF of water consumed
Med High - $2.96 per HCF of water consumed
High - $3.46 per HCF of water consumed
City of Powav
$40.58 per sewer unit per every two months
1 sewer unit = 4 fixture units (toilet, urinal, floor drain, washbasin, shower)
City of San Diego
Rates vary depending on retum to sewer and suspended solids content. For 90% return to sewer, rates are from
$1.58 to $3.21 per HCF.
County of San Diego
Sewer service charges are not charged by the amount of water consumed. Charges are based on the number of
equivalent dwelling units (EDU), where one EDU represents the flow and wastewater strength of a single family
dwelling. The four districts below are associated with the METRO system.
Alpine: $291 per EDU per year
Lakeside: $255 per EDU per year
Spring Valley per EDU per year ~.>
Winter Garden $282 per EDU per year
- ~ ._- ^'" .~..,_..__...._._-~.._-------" ..._--_.--------,- - .
ATTACHMENT 1 /~J?-OO¡
COUNCIL AGENDA STATEMENT
Item ID
Meeting Date 1/11/94
ITEM TITLE: Report on Sewer Service Charges for 1010-1016 Broadway, Assessor's
Parcel Number (APN) 618-110-31-00
SUBMln£D BY: Director of Public Works ;/
REVIEWED BY: City Manager (4/5ths Vote: Yes_No.x..>
Council Referral No. 2837
At the Council meeting of December 14, 1993, Mr. Fredrick Schnaubelt inquired about the
accuracy of the sewer service charges assessed to his shopping center located at 10 I 0-1 0 16
Broadway, APN 618-110-31-00. Staff is submitting this report in response to Mr. Schnaubelt's
inquiry as directed by Council.
.
RECOMMENDATION: That Council accept this report.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Mr. Schnaubelt originally contacted the City ofChula Vista regarding his sewer service charges
in a letter to the Public Works Department dated June I, 1993 (Attachment I). In this letter,
he stated that this property was in bankruptcy and that he couldn't pay the sewer service
charges. He protested the rate of increase of these charges between Fiscal Years 1989-90 and
1992-93 and requested that the City reduce his fees to the 1988-90 level.
Mr. Schnaubelt's property is located in the Montgomery area of Chula Vista. Prior to Fiscal
Year 1992-93, Montgomery property owners were being charged at a rate lower than the rest
of Chula Vista. Since the Montgomery area is being provided with the same level of service .
as the rest of Chula Vista, Montgomery sewer service rates were gradually brought into parity
with the rest of the City. These rate increases were approved by Council in Resoluûon 16705
dated 6/30/92 and Resolution 16187 dated 6/9/91.
Prior to Fiscal Year 1991-92, commercial faciliûes were charged for sewer service on the basis
of esÛD1ated wastewater discharge calculated at the ÛD1e of building permit issuance. This
charge may not have been equitable, since it did not necessarily reflect businesses' actual water
consumption and wastewater discharge. Therefore, beginning with Fiscal Year 1991-92,
commercial facilities were charged on the basis of water consumpûon in both the Montgomery
area and in the rest of Chula Vista. The commercial sewer service charge in the Montgomery
area was based on the previous year's consumption (April to April).
, ff6-p&/tr C{ f2!J-J'v{1f-f cI L/_ D -I (;OOäJ-~ )
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Page 2, ItemJQ.
Meeting Date 1/11/94
In the staff response to Mr. Schnaubelt dated July 16, 1993, (Attachment 2), the new billing
methodology was explained. Also, since the major wastewater discharger in the shopping
center is a laundromat, ten other Southern California agencies were surveyed regarding the
rates charged to laundromats and that information was provided to Mr. Schnaubelt. Out of the
six agencies with charges based on water usage, only La Mesa's rate was lower than Chula
Vista's low strength commercial sewer service rate of $1.47 per 100 cubic feet (RCF) of water
consumption. The results of this survey are shown on Table 2 of the letter to Mr. Schnaubelt.
We also found that APN 618-110-31-00 was correctly charged for sewer service based on
water consumption on Sweetwater Authority water account 700-2540-0, but was incorrectly
charged on accounts 700-2500-2 (an irrigation meter) and 701-6860-2 (for an adjacent
property). Therefore, a tax adjustment of $347.31 was submitted to the County for his Fiscal
Year 1992-93 tax bill. We informed Mr. Schnaubelt that we would process a refund for
overpayment of $268.66 for Fiscal Year 1991-92 after we received evidence from him that his
taxes had been paid. We have not received this evidence and this refund has not been sent.
The correct sewer billing on water account 700-2540-2 for Fiscal Year 1992-93 was $5,215.77
based on consumption of 3409 HCF of water between April 1991 and April 1992. This charge
was based on the sewer service rate of $1.47 per HCF and the storm drain rate of $0.06 per
HCF. These rates stayed the same for Fiscal Year 1993-94. However, the water usage on
Account 700-2540-2 increased to 4479 HCF during the period of April 1992 to April 1993.
Based upon this consumption, the proper sewer service charges and storm drain fees for Parcel
618-110-31-00 during FY 1993-94 are $6,852.87 as indicated on Mr. Schnaubelt's tax bill.
Mr. Schnaubelt's sewer service charges are similar to all the other businesses in Chula Vista
paying sewer service charges, and it is recommended that no adjustnlents or refunds be made
for APN 618-110-31-00 without considering a general rate change. It should be noted that the
City's adopted sewer rate plan approved by the State requires that each user of the sewer
system pay a fair share based on the volume of sewage generated and its strength.
FISCAL IMP ACT: None.
Attachments: 1. June I, 1993 letter from Fred Schnaubelt
2. July 16, 1993, response to Mr. Schnaubelt
EMC:KR.ool
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COUNCIL AGENDA STATEMENT
Item ?
Meeting Date 2/15/94
~
ITEM TITLE: Public Hearing on Adoption of the Telegraph Canyon Sewer Pumped Flows Fee
Ordinance ,15'8' ,J.. Establishing the Telegraph Canyon Sewer Pumped
Flows Development Impact Fee (DIF) to Pay for Sewer Improvements within
the Telegraph Canyon Sewer Basin
SUBMITTED BY: Director of Public Works r ~
REVIEWED BY: City Manager\.X~ ~n [i~) (4/5ths Vote: Yes_Nol)
On October 20, 1992, the City established the Telegraph Canyon Sewer Development Impact Fee of
$184 per Equivalent Dwelling Unit (EDU), as recommended in the Telegraph Canyon Sewer Basin
Improvement and Financing Plan prepared by Willdan Associates. A subsequent amendment to that
plan entitled "Telegraph Canyon Sewer Basin Improvement and Financing Plan Amendment
Incorporating Pumped Flows", provides for the pumping of flows generated by the EastLake and Salt
Creek Ranch Developments within the Salt Creek Basin, and EastLake Development within the Poggi
Canyon Basin into the Telegraph Canyon Sewer Basin. Based on this plan and as updated by staff,
a fee of $560 per pumped EDU should be established.
RECOMMENDATION: That Council conduct subject public hearing and place the Ordinance
establishing the Telegraph Canyon Sewer Pumped Flows Development Impact Fee on the first reading.
This ordinance allows developers to use a Letter of Credit as an alternative to payment of impact fees.
BOARDS/COMMISSION RECOMMENDATION: Not applicable.
DISCUSSION:
The Telegraph Canyon Sewer Basin Improvement and Financing Plan for the gravity flow basin was
prepared by Willdan Associates on July 31, 1992. This report included an estimate of sewage flows,
recommended the type, size and location of improvements, and establisÞed a fee for gravity flows
tributary to the Telegraph Canyon Basin. Based on the report's recommendations, the City Council
established a Development Impact Fee of $184 per Equival,;mt Dwelling Unit on October 20, 1992.
.'
At the time that the gravity basin plan was being prepared, staff recognized that Eastlake Development
would temporarily pump flows from portions of EastLake Greens located in the Salt Creek and Poggi
Canyon Basins into the Telegraph Canyon Basin. These flows were not included in the gravity basin
plan because it was anticipated that most of them would be re-routed to the new Salt Creek Trunk
Sewer within approximately two years. However, due to the uncertainty of the type and construction
schedule of downstream facilities, it now appears that the pumped flows may remain in the Telegraph
Canyon Basin for several years. These flows therefore need to be included in the design capacity of
the Telegraph Canyon sewer line. According to the Salt Creek Basin Gravity Sewer Analysis report
9-/
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Page 2, Item 1
Meeting Date 2/15/94
prepared by Wilson Engineering (9/22/93), the Salt Creek Basin flows will be eventually conveyed
to either the future Otay Valley Water Reclamation plant, the existing Metro trunk sewer, or the City
of San Diego's Otay Valley Trunk SewerlPrison Line. The properties anticipated to convey flows to
the Salt Creek Interceptor include:
1) Salt Creek Ranch
2) EastLake (Business Center, Greens, Woods, Vistas, Trails and Olympic Training
Center)
3) Otay Ranch (Otay River Valley, Proctor Valley, and San Ysidro Parcels)
4) Hidden Valley Estates
City Council approved an amendment to the Telegraph Canyon Gravity Basin Plan to include the
pumped flows generated by EastLake and Salt Creek Ranch Developments within the Salt Creek
Basin, and EastLake Development within the Poggi Canyon Basin (pumped Flows Report). This
report was completed by Willdan Associates on June 9, 1993.
According to the Pumped Flows Report, sewage from a total of 7,800 EDUs will temporarily need
to be pumped into the Telegraph Canyon Basin. This includes 3,592 single family and 3,137 multiple
family dwelling units (including apartments and condominiums), the Olympic Training Center, 29.2
acres of commercial use, six schools, 75.1 acres of parks, 15.8 acres of Community Purpose Facilities
and a reservoir site.
The incorporation of the pumped flows in the plan results in an additional 25,280 feet of parallel or
replacement sewer lines being required. The construction cost will increase from an estimated
$1,740,290 for only the gravity flow basin to $5,890,246 for the gravity basin plus pumped flows.
The higher cost of upgrading the sewer to serve pumped flows is due to the fact that the original
design for the Telegraph Canyon Trunk sewer included capacity for anticipated future gravity basin
flows but not pumped flows (Report on Collection, Treatment and Disposal of Sewage and Industrial
Waste, Engineering Science 1959).
The pumped flows report analyzed two fee conditions for distributing the cost of improvements
between the gravity and pumped flow basins. Both fee conditions assumed that the sewer segments
which needed improvements only if pumped flows were added would be paid entirely by the pumped
flow developments. Fee condition I allocated the remaining costs based on the proportion of
maximum pumped flows to maximum total flows (gravity plus pumped) to the pumped flow
developments . Fee condition II allocated to the pumped flow developments the difference in cost
between the total facilities and the facilities needed to serve the gravity basin flows only. The fees
calculated for the pumped flow developments were $615 per EDU for Condition I, and $553 for
Condition 11 The fees for the gravity flow basin would be reduced to $135 per EDU under Condition
I, and would remain at $184 per EDU under Condition 11
In the final report, the number of EDU's used for assessment of the capacity fee was reduced from
7,800 to 7,508 to account for the building permits already issued. However, after the report was
completed, City staff updated that number from 7,508 to 7,416 based on a field investigation and
current information from the Building and Housing Department. Consequently, the fees were revised
?.,.~
_.._ ..._.. .' _ _,..,_.__,.__....... __.__.__m.__._____._
Page 3, ItemL
Meeting Date 2/15/94
to $622 for Fee Condition I, and $560 for Fee Condition II. City staff recommends the adoption of
the $560 per EDU fee obtained by Condition II. These flows are temporary and the pumped fee is
relatively high. It would seem most reasonable to require the pumped flow developments to pay only
for the additional facilities required to provide for these flows. Under this option, the fee for gravity
basin developments would not need to be modified.
We provided EastLake and Baldwin with information on the report preparation at various stages. The
information on projected development and land uses was confirmed by them, and their comments were
addressed in the final report.
A public meeting was held on September 21, 1993 to discuss the final report and staff
recommendations for establishing the fee and was attended by representatives of EastLake
Development and the Baldwin Co.. Bruce Sloan, of EastLake Development, requested that the
revenues from the gravity basin DIP and the pumped basin DIP be deposited in different accounts
to allow an easier transfer of funds to the Salt Creek Trunk fund if required. Such a transfer would
be inconsistent with our intention to refund unused DIP collections to the homeowners rather than to
the developers and therefore staff does not support the proposal. Mark Burbrink of Wilson
Engineering and Jeff Warmoth of The Baldwin Co. requested that the City perform flow simulations
and monitoring more frequently than yearly to obtain a more accurate assessment of upgrading
requirements. Engineering Staff has software provided by the consultant and proposes to update the
computer models as individual developments occur. Staff will then schedule periodic flow metering
at strategic locations in the basin to detect sewer capacity deficiencies which will trigger the sewer
improvements.
The pumped flows report recommends replacing the sewers along J Street downstream of the
intersection of Hilltop Drive and J Street instead of paralleling the existing facilities. This is mainly
due to the existence of numerous underground utilities, including an existing parallel sewer. The
developers inquired about the possibility of combining sewer rehabilitation funds (from Fund 226)
with DIP funds for construction in that area. Since the use of this fund is restricted to repair or
rehabilitation of facilities and the upgrading is for the expansion of capacity, staff does not support
this proposal.
Projects are included in the Sewer Rehabilitation Program based on the results of sewer TV
inspections. These inspections are performed in phases according to the age of the lines.
Approximately 55% of the existing parallel sewers on J Street were constructed in the early 1970' s.
These lines are too new to require extensive rehabilitation and will not be televised in the near future.
The other sewer segments were built in two phases, one in 1959 and the other in 1964. These
segments will be televised at the time the upgrades are needed to assess the need for rehabilitation.
If it is found that rehabilitation work is needed, the estimated cost associated with that rehabilitation
could be contributed by the City to partially offset the replacement cost.
The agenda statement and ordinance prepared for the December 7, 1993 Council meeting stipulated
that the Telegraph Canyon Sewer Pumped Flows DIP would be payable at the time the building
permits were issued. EastLake Development and Baldwin Co. staff members requested that the City
9'3
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Page 4, Item~
Meeting Date 2/15/94
consider use of a Letter of Credit in lieu of payment. They were concerned about the need to pay
sewer fees to construct facilities in both the Telegraph Canyon and Salt Creek basins.
The proposed ordinance now includes the option of providing a Letter of Credit for the applicable DIP
amount in lieu of paying the fee in cash. This Letter of Credit shall be placed on deposit with the
City at or prior to the time a final subdivision map is approved by the City for units subject to the
DIP. The amount of the Letter of Credit may be adjusted to reflect changes in land use or density,
updated costs of construction, or completion of segments of improvement. The City may draw on the
Letter of Credit, I) to plan, design and construct Telegraph Canyon sewer facilities, 2) if the property
owner fails to maintain the required amount in the Letter, or 3) if there is a risk that the Letter of
Credit may not be honored in the future.
Environmental review of this project is not necessary at this time. Such review will be performed
later, prior to project construction. At that time, an Initial Study Application will need to be filed with
the City of Chula Vista Planning Department in accordance with CEQA requirements.
City staff prepared the enclosed map (Exhibit 2) showing the developments subject to pumping and
the basin boundaries which will be used for fee assessment purposes. A portion of the boundary line
along the east side of the basin was based on tentative maps and the natural ridge line and will be
amended in the future as additional development information becomes available.
FISCAL IMPACT: Passage of this ordinance will result in revenues of approximately $4,149,956,
plus increases due to an annual adjustment for inflation. These revenues plus the $1,740,290 obtained
from the gravity basin developments would be specifically used for design and construction of sewer
improvements and flow monitoring in the Telegraph Canyon Basin.
RM:ST-002
Exhibits: 1. Revised Fee Calculation
2. Map of Developments Subject to Pumping NOT SCANNED
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EXHIBIT 1
. Telegraph Canyon Sewer Basin Improvement and Financing
Plan Amendment Incorporating Pumped Flows
Maximum number of EDU's estimeted in the basin = 7,800
EDU's evailabla for assessment of Capacity fee E 7,600 - EDU's permitted in the basin
Number of unit. built or building permit. I.sued a. of S.ptember 1993
Eastlaka Gr..n.
Subdivision Units EdulEqulv # of ED Us !
Unit 17 136 0,75 102
Unit 5 14 1.00 14
Unit 11 38 1.00 38
Unit 8 26 1.00 26
Unit 14 2 1,00 2
SubTotal = 182
Oth.r Exlstlnq EDU'.
Estimated EDUs from Eastlake High School = 192
Estimated EDUs from Eastlake Golf Club House = 10
Sub Total = 202
Tot.1 axlsting/permltted EDUs In the ba.in E 384
EDU'. avall.ble for ......m.nt of C.p.clty fee = 7,800·384 = 7,416
Revi.ed F.e Calcul.tion
Conditinn ,. $4,614,499 = $622.24 per EDU
(7,800-384)
Cnndition 2: $4,149,956 = $559.59 per EDU ; usa $560,00 per EDU Recommand.d
(7,800-384)
A:\FEERECAL.XLS
R. Miranda t Ott 2193
Page 1 1'5"' /1-(0
. __ _ _ ..~___.._"_._~~______,. ·,··_.__n__._...._.__
EXHIBIT 1
, Telegraph Canyon Sewer Basin Improvement and Financing
Plan Amendment Incorporating Pumped Flows
Maximum number of EDU's estimated in the basin = 7,800
EDU's available for assessment of Capacity fee = 7,800 - EDU's permitted in the basin
Number of units built or building permits issued as of September 1993
Eastlake Greans
Subdivision Units Edu/Equiv # of EDUs .I
Unit 17 136 0.75 102
Unit 5 14 1.00 14
Unit 11 38 1.00 38
Unit 8 26 1.00 26
Unit 14 2 1.00 2
Sub Total = 182
Other Existing EDU's
Estimated EDUs from Eastlake High School = 192
Estimated EDUs from Eastlake Golf Club House = 10
Sub Total = 202
Total existing/permitted EDUs in the basin = 384
EDU'savallable for assessment of Capacity fee = 7,800 - 384 = 7,416
Revised Fea Calculation
Condition 1: $4,614,499 = $622,24 per EDU
(7,800-384)
Condition 2: $4,149,956 = $559.59 per EDU ; use $560.00 per EDU Recommended
(7,800-384)
A:\FEERECAL.XLS
R. Miranda 10/12t93
Page 1 9~¿'
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ORDINANCE NO. 2582
AN ORDINANCE OF THE CITY OF CHULA VISTA,
CALIFORNIA ESTABLISHING THE TELEGRAPH CANYON
SEWER PUMPED FLOWS DEVELOPMENT IMPACT FEE TO
PROVIDE FOR THE CONTINGENT CONSTRUCTION OF
SEWER IMPROVEMENTS WITHIN THE TELEGRAPH CANYON
SEWER BASIN IF SEWAGE IS DIVERTED FROM SALT
CREEK AND POGGI CANYONS AS A CONDITION OF
ISSUANCE OF BUILDING PERMITS FOR CONSTRUCTION
IN THE TELEGRAPH CANYON SEWER PUMPED FLOWS
BASIN
WHEREAS, developers of land within the city should be required
to mitigate the burden created by development through the construc-
tion or improvement of sewer facilities within the boundaries of
the development and either the construction or improvement of sewer
facilities outside the boundaries of the development which are
needed to provide service to the development in accordance with
city standards or the payment of a fee to finance a development's
appropriate portion of the total cost of the sewer facilities; and,
WHEREAS, all development within the City contributes to the
cumulative burden on various sewer facilities in direct relation-
ship to the amount of population generated by the development or
the gross acreage of the commercial or industrial land in the
development; and,
WHEREAS, the Telegraph Canyon Sewer Pumped Flows Basin
("Pumped Flows Basin") is that area of land shown on the map
attached hereto as Exhibit "2" (Exhibit 1 omitted) which map is
generally comprised of those portions of Poggi Canyon and Salt
Creek drainage basin within the City of Chula Vista, or its sphere
of influence, from which wastewater will be collected and pumped
into the Telegraph Canyon Sewer Basin ("Gravity Basin"); and,
WHEREAS, the city desires and desired to oversize the Gravity
Basin sewer facilities as a backup plan in order to accommodate
sewage flow from the Pumped Flows Basin in the event that flows
from the Pumped Flows Basin, in combination with the Gravity Basin
flows, exceed the capacity of the Gravity Basin sewage system
before adequate alternate sewage facilities (gravity drainage,
treatment plants, reclamation plants, etc.) are available in the
Salt Creek and Poggi Canyon drainage basins to handle the Pumped
Flows; and,
WHEREAS, this was and is intended to be a "backup plan"
inasmuch as the city expects that the flows in the Pumped Flows
Basin will, with the construction of the necessary sewer facilities
("Poggi Canyon/ Sal t Creek Facilities"), eventually drain by gravity
flow into the Poggi Canyon and Salt Creek Sewer Basins ("Poggi
9-7
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Canyon/Salt Creek Sewer Gravity Basins"), and then into the otay
Valley; and,
WHEREAS, at such time as it appears, in the sole discretion of
the city Council, that such Poggi Canyon/Salt Creek Facilities are
imminent of construction, it is the intention of the City Council
to terminate the imposition of this Development Impact Fee, and
further, at such time and in such manner as the City Council, in
its sole discretion, determines to be fair and equitable return any
unused funds to the property owners existing at that time of the
properties for which the fee was collected initially; and,
WHEREAS, on February 25, 1992 the city Council passed
Resolution No. 16518 approving an amendment to the agreement
between the city of Chula vista and Willdan Associates for
preparation of said Backup Plan, therein referred to as the
"Amended Plan"; and,
WHEREAS, on February 25, 1992 the city Council passed Reso-
lution No. 16519 approving the First Amendment to the Telegraph
Canyon Basin Sewer Monitoring and Gravity Basin Usage Agreement to
provide that EastLake should pay for the preparation of the
"Telegraph Canyon Sewer Basin Improvement and Financing Plan
Amendment Incorporating Pumped Flows" ("Backup Plan").
WHEREAS, pursuant to said agreement with willdan, Willdan
Associates have prepared a proposed Backup Plan dated June 9, 1993
for approval by the City Council (herewith done); and,
WHEREAS, on September 21, 1993 a public meeting was held
between Staff and the developers of developments located within the
Pumped Flows Basin to discuss the final Backup Plan and city Staff
recommendations for establishing the Telegraph Canyon Sewer Pumped
Flows Basin Development Impact Fee; and,
WHEREAS, on December 7, 1993 a Public Hearing was opened but
not completed before the City Council to provide an opportunity for
interested persons to be heard on the approval of the Backup Plan
and establishment of the Telegraph canyon Sewer Pumped Flows Fee;
and,
WHEREAS, said hearing was continued various times the final
one of which was to February 15, 1994 (hereinafter referred to as
the "Public Hearing"); and,
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WHEREAS, the proposed Backup Plan determines that new
development within the Pumped Flows Basin will create adverse
impacts on the City's existing sewer facilities within the Gravity
Basin (to wit, that the sewage expected to be generated from new
development within the Pumped Flows Basin, when combined with the
sewage flows from the Gravity Basin, will exceed the capacity of
the current sewer system in the Gravity Basin). These impacts must
be mitigated by the financing and construction of certain sewer
facilities identified in this ordinance; and,
WHEREAS, said proposed Backup Plan (1) includes an estimate of
ultimate sewer flows anticipated from the Pumped Flows Basin; (2)
recommends improvements to handle the combined incremental
increases of sewage flow anticipated from the Pumped Flows Basin
and from the Gravity Basin; and (3) establishes a fee payable by
persons obtaining building permits for developments within the
Pumped Flows Basin benefiting from Gravity Basin trunk sewer
improvements; and,
WHEREAS, sewer improvements and a fee to be levied on new
development in the Pumped Flows Basin have been justified in the
proposed Backup Plan; and,
WHEREAS, the City council determined, based upon the evidence
presented at the Public Hearing, including, but not limited to, the
Backup Plan and ,the various reports and other information received
by the City Council in the course of its business, that imposition
of the sewer facilities development impact fee on all developments
within the Telegraph Canyon Sewer Pumped Flows Basin in the City of
Chula vista for which building permits have not yet been issued is
necessary in order to protect the public safety and welfare and to
ensure effective implementation of the city's General Plan; and,
WHEREAS, the city council has determined that the amount of
the fee levied by this ordinance does not exceed the estimated cost
of providing the public facilities.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DOES ORDAIN AS FOLLOWS:
section 1. Approval of Backup Plan.
The City Council has independently reviewed the proposed
Backup Plan herewith presented, finds that it is fair, reasonable
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and equitable to all parties, and herewith adopts same in the form
on file with the City Clerk as Document No. , and on file in
the Office of the City Engineer.
section 2. "Facilities".
The facilities which are the subject matter of the fee herein
established are fully described in the Backup Plan at page 24
thereof, and the locations at which they will be constructed
are more fully described on Plates 1 through 14 under the
section thereof entitled "Improvement Locations", all of which
facilities may be modified by the City Council from time to
time by resolution ("Facilities"). The city Council may
modify or amend the list of projects herein considered to be
part of the Facilities by written resolution in order to
maintain compliance with the city's Capital Improvement
Program or to reflect changes in land development and
estimated and actual wastewater flow.
section 3. Territory to Which Fee Is Applicable.
The area of the City of Chula vista to which the Fee herein
established shall be applicable is set forth as an Exhibit to
the Backup Plan, entitled "Developments Subject to Pumping
(Pumped Flows Basin) , Telegraph Canyon Sewer Basin,
Improvement and Financing Plan Amendment, Incorporating Pumped
Flows," shown as being "Prepared: June 23, 1993" not yet
revised, shall be referred to herein as the "Territory" or
alternatively "Pumped Flows Basin" and is generally described
as that area to the East of the Telegraph Canyon Sewer Basin,
within the Salt Creek and Poggi Canyon Basins.
section 4. Purpose.
By Ordinance No. 2533, the City Council approved a plan
("Gravity Basin Plan") for the financing and construction of
the sewer-related facilities necessary to serve only the
sewage transmission demands for the EDU's in the Gravity
Basin. The purpose of this ordinance is to provide the
necessary financing to oversize such sewer-related facilities
in the Telegraph Canyon Sewer Gravity Basin, as defined in
Ordinance No. 2533, section 2, Territory ("Gravity Basin"), to
accommodate sewage flows pumped into the Gravity Basin from
the Pumped Flows Basin.
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section 5. Establishment of Fee.
A development impact fee ("Fee"), to be expressed on a per
Equivalent Dwelling unit ("EDU") basis, and payable prior to
the issuance of a building permit unless security therefore by
Letter of Credit, as herein permitted, is on deposit with the
City, for a development project within the Territory, is
hereby established.
section 6. Due on Issuance of Building Permit; Exception for
Letters of Credit Procedure.
A. When Payable. The Fee shall be paid in cash upon
(early payment is not permitted) the issuance of a
building permit, except as provided in subparagraph B.
B. Letter of Credit. A building permit may issue
without the payment of the Fee in cash if (use of the
following procedure shall herein be referred to as the
"Letter of Credit Procedure") the Property owner of the
property for which the building permit is sought, or
her/his predecessor in interest, has placed on deposit
with the City Engineer at or prior to the time a final
subdivision map is approved by the City for the units
which would otherwise be subj ect to the Fee on the
issuance of a building permit, a letter of credit in a
form acceptable to the city Attorney and which, at a
minimum, provides for the following:
a. The Letter of Credit shall be irrevocable until
released in writing by the city in the manner
herein provided. It shall also specifically
provide that a change of ownership of the property
for which the Fee is payable shall not be a basis
for releasing or cancelling the Letter of Credit.
b. The Letter of Credit shall be for a term not
less than 3 years unless a shorter term is allowed
by the City Attorney in conjunction with the city
Engineer.
c. The Letter of Credit shall provide that at the
expiration of the Term, the bank issuing the Letter
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of Credit shall pay the full amount over to the
City unless the Term thereof is extended or the
obligation excused by written direction of the City
Attorney and City Engineer.
d. The Letter of Credit shall provide that the
City may unconditionally draw on all or part of the
Amount on demand by the City by written notice
thereof and without offering any other
justification or documentation (Authority for draws
on the Letter of Credit as between the city and the
Beneficiary is hereinbelow provided).
e. The Letter of Credit shall initially be in a
minimum amount as determined by applying the rate
of the Fee times the number of Equivalent Dwelling
units ("EDUs") within the territory of the Final
Map. Such amount shall be increased or decreased
from time to time as the rate of the Fee is
adjusted by the City Council.
1. Right of City to Draw on the Letter of Credit.
The city may exercise its right to draw
on the letter of credit in any of the following
circumstances.
a. The property owner who would otherwise be re-
sponsible for paying the Fee hereunder fails to
maintain the Letter of Credit in the minimum amount
required by this Ordinance, in which case the full
amount of the Letter of Credit may be drawn upon by
the City.
b. The City determines, in its sole discretion,
that all or a portion of the Letter of Credit is
necessary to plan, design or construct, or other-
wise assist in the planning, design or construction
of, all or a portion of the Facilities, in which
case the city is authorized to draw, for each such
Facility, or portion thereof, from time to time as
planning, design and construction proceeds, an
amount which represents the entire actual cost of
the Facility, including extra work and overruns,
times a fraction, the numerator of which equals the
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estimated costs of the Facility to be borne by the
Pumped Sewer Flows, as set forth in the latest
Engineer's Report updating the DIF, and the
denominator of which represents the total cost of
the Facility as estimated in the latest Engineer's
Report updating the DIF.
c. The property owner otherwise responsible for
the payment of the Fee takes any act or suffers any
act, or the bank on which the Letter of Credit is
drawn takes any act or suffers any act, which, in
the sole opinion and discretion of the City,
creates a reasonable risk that the Letter of Credit
may not be honored on demand by the City, in which
case the city is authorized to draw on the Letter
of Credit in such an amount as the City determines
is necessary to avoid the risk of loss.
2. Release of the Letter of Credit by city. The City
shall issue to the Bank written release of the Letter
of Credit, or such appropriate portion thereof, in any
of the following circumstances:
a. The beneficiary has constructed, or caused to
be constructed, to the satisfaction of the City,
the Facilities or portion thereof agreed to by the
city in accordance with the procedures for
developer construction hereinbelow set forth in
sections 12 and 13.
b. The city Council has determined, in its sole
discretion, that such Poggi Canyon/Salt Creek
Facilities are imminent of construction.
3. Remedies of City if Letter of Credit procedure
violated. In the event that a draw on the Letter of
Credit is not honored on demand as herein provided,
the beneficiary (e.g., the Developer) of the Letter of
Credit shall immediately deposit with the City the
full amount thereof in cash, which shall be deemed to
be a debt immediately due and payable of the benefici-
ary, and upon the failure to do so, the City is
authorized among other remedies, to institute
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litigation and to withhold approval of any additional
permits or other entitlements.
section 7. Determination of Equivalent Development units.
Each single family detached dwelling or single family
attached dwelling shall be considered one EDU for
purposes of this Fee. Each unit within a mUlti-family
dwelling shall be considered .75 EDU. Every other
commercial, industrial, non-profit, public or quasi-
public, or other usage shall be charged at a rate
calculated in accordance with the method for estimating
EDU's set forth in the Master Fee Schedule for the
purpose of estimated Sewer Capacity Charges currently
located in Chapter XII ("Engineering - Sewer), section
A.3. or successor thereto, as same may from time to time
be modified by the city Council.
section 8. Time to Determine Amount Due; Advance Payment
Prohibited.
Unless the Letter of Credit Procedure is used, the Fee
for each development shall be calculated at the time of
building permit issuance and shall be the amount as
indicated at that time and not when the tentative map or
final map was granted or applied for, or when the
building permit plan check was conducted, or when
application was made for the building permit. If the
Letter of Credit Procedure is used, the amount of the
Letter of Credit shall be determined at the time the
Final Map is approved and shall be adjusted from time to
time as the city determines appropriate.
section 9. Purpose and Use of Fee.
The purpose of the Fee is to pay for the planning
(including preparation of the Backup Plan) , design,
construction, repair, maintenance, and/or financing
(including the cost of interest and other financing costs
as appropriate) of the Facilities, or reimbursement to
the City or, at the discretion of the City if approved in
advance in writing, other third parties for advancing
costs actually incurred for planning, designing, con-
structing, or financing the Facilities.
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section 10. Amount of Fee¡ Amendment of Master Fee Schedule.
The Fee shall be calculated at the rate of $560 per EDU.
Chapter XV of the Master Fee Schedule is hereby amended
to add section B, which shall read as follows:
"B. Telegraph Canyon Sewer Pumped Flows Development
Impact Fee.
This section is intended to memorialize the key pro-
visions of Ordinance No. , but said Ordinance
governs over the provisions of the Master Fee
Schedule. For example, in the event of a conflict in
interpretation between the Master Fee Schedule and the
Ordinance, or in the event that additional rules
applicable to the imposition of the Fee, the language
of the Ordinance governs.
a. Territory to which Fee applicable.
The area of the city of Chula vista to which the
Fee herein established shall be applicable is set
forth as an Exhibit to the Backup Plan, entitled
"Developments Subject to Pumping (Pumped Flows
Basin), Telegraph Canyon Sewer Basin, Improvement
and Financing Plan Amendment, Incorporating Pumped
Flows," shown as being "Prepared: June 23, 1993"
not yet revised, shall be referred to herein as the
"Territory" or alternatively "Pumped Flows Basin"
and is generally described as that area to the East
of the Telegraph Canyon Sewer Basin, within the
Salt Creek and Poggi Canyon Basins.
b. Rate per EDU.
The Fee shall be calculated at the rate of $560 per
EDU, which rate shall be adjusted from time to time
by the City Council.
c. EDU calculation.
Each single family detached dwelling or single
family attached dwelling shall be considered one
EDU for purposes of this Fee. Each unit within a
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mUlti-family dwelling shall be considered .75 EDU.
Every other commercial, industrial, non-profit,
public or quasi-public, or other usage shall be
charged at a rate calculated in accordance with the
method for estimating EDU's set forth in the Master
Fee Schedule for the purpose of estimated Sewer
capacity Charges currently located in Chapter XII
("Engineering - Sewer), section A.3. or successor
thereto, as same may from time to time be modified
by the City Council.
d. When Payable.
The Fee shall be paid in cash not later than
immediately prior to the issuance of a building
permit, except that a Letter of Credit Procedure is
permitted for this Fee in the adopting ordinance,
as same may, from time to time, be amended."
The City Council intends to review the amount of the Fee
annually or from time to time. The city Council may, at
such reviews, adjust the amount of this Fee as necessary
to assure construction and operation of the Facilities,
the reasons for which adjustments may include, but are
limited to, the following: changes in the costs of the
Facilities as may be reflected by such index as the
Council deems appropriate, such as the Engineering-News
Record Construction Index; changes in the type, size,
location or cost of the Facilities to be financed by the
Fee; changes in land use on approved tentative maps or
Specific Plan Amendments; other sound engineering,
financing and planning information. Adjustments to the
above Fee may be made by resolution amending the Master
Fee Schedule.
Section 11. Authority for Accounting and Expenditures
The proceeds collected from the imposition of the Fee
shall be deposited into a public facility financing fund
("Telegraph Canyon Sewer Basin Pumped Flows Development
Impact Fee Fund", or alternatively herein "Fund" or
"TCSBPF DIF Fund") which is hereby created and such
proceeds shall be expended only for the purposes set
forth in this ordinance.
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The Director of Finance is authorized to establish
various accounts within the Fund for the Facilities
identified in this ordinance and to periodically make
expenditures from the Fund for the purposes set forth
herein in accordance with the facilities phasing plan or
capital improvement plan adopted by the City Council.
section 12. Revision and Refund of Fees
A. Suspension. At such time ("Gravity Access Point in
Time") as a parcel of property within the Territory is,
in the opinion of the City Engineer, able to obtain sewer
service by virtue of gravity sewer service available in
the Salt Creek or the Poggi Canyon Basins, the Fee for
such parcel shall be suspended.
B. Refund. If the Fee has already been paid in cash for
the parcel, the Fee shall be returned to the owner or
owners of the property at the time the Council passes a
written resolution certifying the completion of the
entire planned Poggi/Salt Creek Facilities for the
Poggi/Salt Creek Sewer Gravity Basin system, and then to
each owner in a manner deemed fair and equitable by the
City Council. In the absence of an alternative
determination of fairness by the city Council, a refund
which divides the remaining unused balance by the EDU's
which contributed to the Fund shall be deemed a fair
method.
C. Release of Letters of Credit. If the cash payment of
the Fee has been avoided by a developer by the deposit of
a Letter of Credit pursuant to the Letter of Credit
Procedure herein authorized, the Letter of Credit shall
be released either (1) at such time that the City Council
certifies by written resolution that the entire
poggi/Salt Creek Sewer Gravity Basin Facilities exists
for all parts of the Salt Creek and poggi canyons or (2)
at such sooner time as the City Council determines that
the total balance of the letters of credit is not
necessary to complete the planning, design and con-
struction of the Facilities (i.e., in Telegraph Canyon
Sewer Basin), certifies the amount needed to complete
construction of the Facilities, and authorizes the
release of 75% of the remainder by written resolution,
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specifying the recipients of such released Letters of
Credit in a fair and equitable manner.
section 13. Findings.
The City Council finds that collection of the Fees established
by this ordinance at the time of the building permit is
necessary to ensure that funds will be available for the
construction of facilities concurrent with the need for these
facilities and to ensure certainty in the capital facilities
budgeting for growth impacted public facilities.
section 14. Fee Additional to other Fees and Charges.
The Fee established by this section is in addition to the
requirements imposed by other City laws, policies or
regulations relating to the construction or the financing of
the construction of public improvements wi thin subdivisions or
developments, and is specifically intended to be in addition
to a development impact fee for the construction of the Poggi
canyon and/or Salt Creek Sewer Gravity Basin Facilities, such
that a payor of this fee may also be required to pay any
development impact fee charged for such facilities.
section 15. Mandatory Oversizing of Facility; Duty to Tender
Reimbursement Offer.
Whenever a developer of a development project in the Territory
of the Pumped Flows Basin is required as a condition of
approval of an entitlement (e. g., General Plan Amendment, Pre-
zoning, General Development Plan, SPA Plan, etc.) to cause a
portion of the sewer system which is the subject matter of a
Facilities enhancement planned for improvement under the
Gravity Basin Plan to be oversized under the Backup Plan, the
City may require the developer to install the Facilities
according to design specifications approved by the city, that
being with the supplemental size or capacity in order to
accommodate estimated ultimate flow as indicated in the Basin
Plan and subsequent amendments. If such a requirement is
imposed, the City shall first grant credits against the
developer's obligation to pay the Fee, and, as to any excess,
offer to reimburse the developer from the Fund either in cash
or over time as Fees are collected, at the option of the city,
for costs incurred by the developer for the design and
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construction of the Facility not to exceed the estimated cost
of that particular Facility as included in the calculation and
updating of the Fee, and in an amount agreed to in advance of
their expenditure in writing by the city. The City may update
the Fee calculation as City deems appropriate prior to making
such offer. This duty to extend credits or offer
reimbursement shall be independent of the developer's
obligation to pay the Fee.
section 16. Voluntary Construction of a Portion of the Facilities;
Duty of City to Tender Reimbursement Offer.
If a developer is willing and agrees in writing to design and
construct a portion of the Facilities in conjunction with the
prosecution of a development project within the Territory
("Work"), the city may, as part of the written agreement,
grant credits against the Developer's obligation to pay the
Fee, and may thereafter, use the proceeds of the Fund to
reimburse the developer from the Fund either at the time the
expenditures are incurred or over time as Fees are collected,
at the option of the city, for costs incurred by the developer
for the design and construction of the Facility not to exceed
the estimated cost of that particular Facility as included in
the calculation and updating of the Fee, and in an amount
agreed to in advance of their expenditure in writing by the
City. The city may update the Fee calculation as City deems
appropriate prior to making such offer. This duty to extend
credits or offer reimbursement shall be independent of the
developer's obligation to pay the Fee.
section 17. Procedure for Entitlement to Reimbursement Offer.
The city's extension of a credit or a reimbursement offer to
a developer pursuant to section 15 or 16 above shall be
conditioned on the developer complying with the terms and
conditions of this section:
a. written authorization shall be requested by the
developer from the city and issued by the city
Council by written resolution before developer may
incur any costs eligible for reimbursement relating
to the Work.
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b. The request for authorization shall contain the
following information, and such other information
as may from time to time be requested by the City:
(1) Detailed descriptions of the Work with the
preliminary cost estimate.
c. If the Council grants authorization, it shall be by
written agreement with the Developer, and on the
following conditions among such other conditions as
the Council may from time to time impose:
(1) Developer shall prepare all plans and
specifications and submit same to the City for
approval;
(2) Developer shall secure and dedicate any
right-of-way required for the Work;
(3) Developer shall secure all required permits
and environmental clearances necessary for
construction of the project;
(4) Developer shall provide performance bonds in a
form and amount, and with a surety satisfactory to
the City;
(5) Developer shall pay all City fees and costs.
(6) The City shall be held harmless and
indemnified, and upon demand by the City, defended
by the developer for any of the costs and
liabilities associated with the construction of the
project.
(7) The developer shall advance all necessary
funds to design and construct the project.
(8) The developer shall secure at least three (3)
qualified bids for work to be done. The
construction contract shall be granted to the
lowest qualified bidder. Any claims for additional
payment for extra work or charges during
construction shall be justified and shall be
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documented to the satisfaction of the Director of
Public Works.
(9) The developer shall provide a detailed cost
estimate which itemizes those costs of the
construction attributable to the Work. The
estimate is preliminary and subject to final
determination by the Director of Public Works upon
completion of the Public Facility Project.
(10) The agreement may provide that upon
determination of satisfactory incremental
completion of a Facility, as approved and certified
by the Director of Public Works, the city may pay
the developer progress payments, or grant
incremental credits, in an amount not to exceed 75
percent of the estimated cost of the construction
completed to the time of the progress payment but
shall provide in such case for the retention of 25%
of such costs until issuance by the City of a
Notice of completion.
(11) The agreement may provide that any funds owed
to the developer as reimbursements may be applied
to the developer's obligations to pay the Fee for
building permits to be applied for in the future.
(12) When all work has been completed to the
satisfaction of the City, the developer shall
submit verification of payments made for the
construction of the project to the City. The
Director of Public Works shall make the final
determination on expenditures which are eligible
for reimbursement.
(13) After final determination of expenditures
eligible for reimbursement has been made by the
Public Works Director, the parties may agree to
offset the developer's duty to pay Fees required by
this ordinance against the city's duty to reimburse
the developer.
(14) If, after offset if any, funds are due the
developer under this section, the City shall
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reimburse the developer from the Fund either at the
time the expenditures are incurred or over time as
Fees are collected, at the option of the City, for
eligible costs incurred by the developer for the
design and construction of the Facility not to
exceed the estimated cost of that particular
Facility as included in the calculation and
updating of the Fee; or the developer may waive
reimbursement and use the amount due them as credit
against future Development Impact Fee obligations.
Section 18. Procedure for Fee Modification
Any developer who, because of the nature or type of uses
proposed for a development project, contends that application
of the Fee imposed by this ordinance is unconstitutional or
unrelated to mitigation of the burdens of the development, may
apply to the city Council for a modification of the Fee and
the manner in which it is calculated. The application shall
be made in writing and filed with the City Clerk not later
than ten (10) days after notice is given of the public hearing
on the development permit application for the project, or if
no development permit is required, at the time of the filing
of the building permit application. The application shall
state in detail the factual basis for the claim of modifica-
tion, and shall provide an engineering and accounting report
showing the overall impact on the DIF and the ability of the
city to complete construction of the Facilities by making the
modification requested by the applicant. The City council
shall make reasonable efforts to consider the application
within sixty (60) days after its filing. The decision of the
City Council shall be final. The procedure provided by this
section is additional to any other procedure authorized by law
for protection or challenging the Fee imposed by this
ordinance.
section 19. Fee Applicable to Public Agencies
Development projects by public agencies, including schools,
shall not be exempt from the provisions of the Fee.
f:\home\engineer\tcspump.rld pumped Flows Basin DIF
February 10, 1994 Page 16
tj "0<2
. -_._.~---_. --.....-...-.... .-,--.-.-- --..--
section 20. Assessment District.
If any assessment or special taxing district is established to
design, construct and pay for any or all of the Facilities
("Work Alternatively Financed"), the owner or developer of a
project may apply to the City council for reimbursement from
the Fund in an amount equal to that portion of the cost
included in the calculation of the Fee attributable to the
Work Alternatively Financed. In this regard, the amount of
the reimbursement shall be based on the costs included in the
Backup Plan, as amended from time to time, and therefore, will
not include any portion of the financing costs associated with
the formation of the assessment or other special taxing
district.
section 21. Expiration of this Ordinance.
This ordinance shall be of no further force and effect when
the city Council determines that the amount of Fees which have
been collected reaches an amount equal to the cost of the
Facilities.
section 22. Time Limit for Judicial Action.
Any judicial action or proceeding to attack, review, set
aside, void or annul this ordinance shall be brought within
the time period as established by Government Code section
54995 after the effective date of this ordinance.
section 23. CEQA Findings for statutory Exemption.
The City council does hereby find that the Fee herein imposed
is for the purpose of obtaining funds for capital projects
necessary to maintain service within existing service areas.
The Council finds that the proposed Facilities are in existing
rights of way parallel to or replacing existing sewer lines.
Therefore, the city finds that the adoption of this Ordinance
is statutorily exempt under the provisions of Public Resources
Code section 21080 (b) (8) and CEQA Guidelines section 15273.
section 24. Other Not Previously Defined Terms.
For the purposes of this ordinance, the following words or
phrases shall be construed as defined in this section, unless
f:\home\engineer\tcspump.rld Pumped Flows Basin DIF
February 10, 1994 Page 17
'7" ølJ
--".., ..-.....
from the context it appears that a different meaning is
intended.
(a) "Building Permit" means a permit required by and issued
pursuant to the Uniform Building Code as adopted by
reference by this city.
(b) "Developer" means the owner or developer of a
development.
(c) "Development Permit" means any discretionary permit,
entitlement or approval for a development project issued
under any zoning or subdivision ordinance of the City.
(d) "Development Project" or "Development" means any activity
described in section 65927 and 65928 of the State
Government Code.
(e) "Single Family Attached Dwelling" means a single family
dwelling attached to another single family dwelling; each
on their own lot.
section 25. Effective Date.
This ordinance shall become effective sixty (60) days after
its second readin. and adOPtion~
Presented by /APP ove~s fO::!?
. 'tt {
John P. L1.pp1. . Bruce M. Boog
Director of Public Works City Attorney
f:\home\engineer\tcspump.rld Pumped Flows Basin DIF
February 10, 1994 Page 18
9-~i
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VIA FAX
February 15, 1994
John Lippett
City Engineer
City of Chula Vista
276 Fourth Ave.
Chula Vista, CA 91910
RE: Telegraph Canyon Sewer DIF
Dear John,
This letter will serve as a request to continue your Council agenda item
establishing the Telegraph Canyon Sewer Pumped Flows Development Impact
Fees. Having learned of this agenda item late last week, I have been working with
your staff member, Roger Daust, to answer questions that I have related to the new
fees and to ascertain the probable impacts on the OTC. I now must review this
information with San Diego National Sports Training Foundation and the USOC.
Becuase USOC staff members are in Lillehammer, I will need some time to
complete these discussions, and therefore request a minimum two week
continuance.
Thank you very much for bringing the DIF proposal to my attention.
,
)r¡
LJM:sb
cc: David Annstrong
Bill Miller
Gloria Chadwick
Roger Daust
9~c2~C;-
PHONE: 619 296-4394 ~ 416 l'~lvERSITY AVENUE. S'-'ITE 200 ~ SA~ DIEGO. CALIFORNIA 92103 . FAX: 619 296-5840
"."'.._,__. _... .·_·.m.·._._,_... ...._._.._... ...___ . ____.' ..___.___'__"m
Cu...w ~ ~?1 ~ 5/4r3
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COUNCIL AGENDA STATEMENT
Item /,!}
Meeting Date 2/15/94
ITEM TITLE: Resolution 17387 Approving an Agreement with Merrick and Company
for photogrammetry, surveying, and planimetric mapping services,
SUBlVlln'J£D BY: Director of Public wor~
REVIEWED BY: City Manager 1(; f 1Í (4/5ths Vote: Yes_No-.X..)
On February 8, 1994 this item was presented to the City Council for approval and was at that
time continued for one week with Council direction to review the City's GIS implementation
plan with Mr. Jim Bell, to check with other neighboring agencies to share data and reduce
redundant effort, and to also address whether the City's GIS implementation plan has been
reviewed by others with GIS expertise.
RECOMMENDATION: That Council adopt the resolution awarding an agreement in the
amount of $572,128 with the firm of Merrick and Company; and authorizing the expenditure
of $572,128 from the GIS project CIP; and authorizing the Mayor to execute said agreement,
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
On February 9, 1994 staff contacted Mr. Jim Bell by phone to discuss his concerns regarding
the City's GIS system, Mr. Bell suggested that staff review Chapter V (pages 40-43) in the draft
copy of his book ECOLOGICALLY INTEGRA TED PLANNING: PLANNING AS THOUGH
THE FUTURE MATIERED; a copy of which was available from the City's Environmental
Resources Manager. This book identified the need for a watershed topographic base map of the
San Diego/Tijuana Region with overlay maps of wetlands, lakes, wildlife corridors, plant and
animal habitats, agricultural soils, rivers and streams, groundwater storage basins, steep slopes,
flood plains, and many other ecological features. Staff initiated a conference call which included
Mr, Jim Bell; Robert Leiter, Director of Planning; John Lippitt, Director of Public Works; Cliff
Swanson, Deputy Director of Public Works; and Fred Wong, GIS Manager, Staff assured Mr.
Bell that the current GIS does have the capability to map the types of overlay maps described
in his book; and additionally, the GIS is able to import other larger regional overlays from other
agencies such as SANDAG or the County of San Diego, which may already have some of the
ecological overlays identified in the book, Based on this discussion, Mr, Bell stated that he was
satisfied with the approach that the City is taking in the development of the GIS. Staff will
provide copies of this report and the attached previous reports to Mr. Bell, and staff has also
invited Mr, Bell to tour the GIS system at his convenience.
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Page 2, Item !P
Meeting Date 2/15/94
The ecological and other types of overlay maps identified by Mr. Bell was included in the
original design of the GIS system, and is listed in the Table of GIS Applications under #54 and
#56 on page 12-75 of the previous Council Agenda Statement (dated 2/8/94). The City's GIS
system software is ARC/INFO, which is the leading GIS product in the market, Several local
agencies such as the City and County of San Diego, City of Encinitas, City of Carlsbad, City
of Escondido, SANDAG, and others also use ARC/INFO, This means that many of the
overlays from other agencies will be in the same format for easy sharing of data.
With regard to Council direction to check with other neighboring agencies to share data and
reduce redundant effort, staff has already been in contact with all of the local agencies that are
active in GIS. In fact, since the start of the City's GIS project, staff has periodically provided
project status information to many of the other agencies. Of the agencies that have GIS projects
in various stages of implementation, none had Chula Vista infrastructure (sewers, storm water,
curbs, sidewalks, elevations, etc.), which is the purpose of the Merrick Agreement, However,
for regional types of data, four agencies appear to be likely candidate for data sharing and
possible reduction of redundant efforts. The four agencies are SANDAG (San Diego Association
of Governments), Sweetwater Authority, Otay Water District, and RUIS (Regional Urban
Information System) which provides GIS services to both the City and County of San Diego,
Each of these four has indicated an interest to share common data. In addition, Planning
Department staff has been working directly with SANDAG, City and County of San Diego, and
other affected jurisdictions to use existing GIS technology to maintain a regional database related
to coastal sage scrub habitat for purposes of complying with the Federal listing of the California
Gnatcatcher. A joint meeting between Chula Vista, Sweetwater Authority, Otay Water District,
and RUIS is to take place within the next two weeks to discuss the functional and technical
issues related to data sharing. The City's GIS Steering Committee will develop and recommend
guidelines and conditions for data sharing. Some of the other local agencies which staff is
regularly in contact with are: City of Carlsbad, City of Encinitas, City of Escondido, City of
Vista, Vista Irrigation, City of San Diego, and County of San Diego,
The Council was also interested in whether Chula Vista's GIS plan had been reviewed by others
with GIS expertise, The GIS plans have been reviewed by other GIS professionals, and staff
is confident that the GIS plan are appropriate for Chula Vista for the following reasons:
. Chula Vista's GIS project was conceptually designed by PlanGraphics, a prominent GIS
consultant firm, and the project also had the benefit of two other nationally recognized
professional GIS consultants (Nora Bryan and Ken Meade) in developing the system
design and in specifying and selecting both (1) the hardware/software components, and
(2) the photogrammetry contractor.
. Because GIS is a system that serves multiple disciplines (i.e. planning, engineering,
public safety, infrastructure management, etc,), there are some people with GIS expertise
due to their experience in applying GIS to the various disciplines, These are generally
GIS professionals within their respective agencies, In the San Diego area, most of these
GIS professionals belong to the San Diego Section of URIS A (Urban and Regional
Information Systems Association - an organization of GIS professionals); and as a form
of peer review, Chula Vista's GIS plan had been presented to this association at an
association meeting for their comments, critique, and questions. The overall reaction to
/C1~.;;...
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Page 3, Item Jt?
Meeting Date 2/15/94
this presentation was very positive and Chula Vista was acknowledged as one of the
leaders in GIS implementation for developing a city-wide system, Some of the members
of this association are: Bill Bamberger, RUlS Administrator; Bob Parrott, SANDAG
Director of Research; Vance Breshears, CaiTrans District Surveys Engineer.
. Chula Vista's GIS Manager has extensive expertise in GIS, with 17 + years of experience
in local government; over 10 years of experience in computer applications to meet
municipal needs; and previously implemented a GIS system along with photogrammetric
data collection for the City of Palo Alto. He is also currently the Vice-president of the
San Diego Section of URISA.
. Chula Vista's GIS plan has been presented in detail to, and approved by the City's GIS
Steering Committee and the GIS Technical Committee to ensure that it will meet the
needs of Chula Vista. The GIS Steering Committee consists of Jim Thomson, Deputy
City Manager; Robert Leiter, Director of Planning; John Lippitt, Director of Public
Works; Louie Vignapiano, Director of Management and Information Services; Cliff
Swanson, Deputy Public Works Director/City Engineer; and Fred Wong, GIS Manager,
FISCAL IMPACT: This action would authorize the expenditure of $572,128 of previously
appropriated funds in the GIS project CIP. All of the funding sources are from non-General
Fund sources as identified in the CIP Detail Sheet for the GIS Project and is specified in
Attachment 1 of the previous Council Agenda Statement of 2/8/94. The savings and benefits
from this project are also listed on Page 12-2 of the attached previous Council Agenda Statement
of 2/8/94,
Attachment: Council Agenda Statement fßE~1>Meeting of 2/8/94 with attachments
~O't
FW: File NP-DOl
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,--.-.",.-.--------. .-----..--,----,--.-..
RESOLUTION NO. / '} .J SI /
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT WITH
MERRICK AND COMPANY FOR PHOTOGRAMMETRY,
SURVEYING AND PLAINIMETRIC MAPPING SERVICES,
AND AUTHORIZING MAYOR TO EXECUTE SAME
WHEREAS, the subject agreement is for photogrammetry,
surveying and planimetric mapping services which will achieve:
o updating two very important data sets showing
topographic contours and orthophotos
o establishing first and second order survey control
point in the city, and
o collecting data on the sewer system and other city
facilities which will be used to support the city's
infrastructure maintenance program
WHEREAS, this agreement begins implementation of the
third phase of the approved CIP project for the city-wide GIS,
which phase is for data collection and updating of key and
necessary information of the city's valuable infrastructure assets.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve an Agreement with
Merrick and Company in the amount of $572,128 for photogrammetry,
surveying, and planimetric mapping services, a copy of which is on
file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the city Council does hereby
authorize the expenditure of $572,128 of previously appropriated
funds in the GIS Project CIP (GG104) as shown in Attachment 1.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized and directed to xecute said
agreement for and on behalf of the City of Chula Vi
Presented by
John P. Lippitt, Director of ty
Public Works
c: \rl'..rr1ck
.
10 -tf
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Attachment 1
·
CIP Funding for Pbotogrammetry, Surveying, and Planimetric Mapping Merrick
Agreement
CIP GGl04 - GIS PrQiect Fundin~
250-2501-GGI04 Gas Tax $13,228
404-4040-GGl 04 SCOOT 13,228
· 6OO-6007-GGlO4 Special Sewer CIP Fund 384,988
6OO-6008-GG 104 Trunk Sewer CIP Fund 111,000
621-621 O-GG 104 Transpm1atiQn DlF 20,000
995-9950-GGI04 RDA TCI 16,456
996-9960-GGl 04 RDA Otay 13,228
TQta1: $572,128
·
·
·
~ 10 - ~
COUNCIL AGENDA STATEMENT
~/()
Item /
Meeting Date 4 *1'1
ITEM TITLE: Resolution I 7.3' 8' ~PProving an Agreement with Merrick and
Company for photogrammetry, surveying, and planimetric mapping
services.
SUBMITTED BY: Director of Public worn¡ ~
REVIEWED BY: City Manager~:i")"" (4/Sths Vote: Yes_No...K)
Referral 2759 and 2765
This Agreement is for photogrammetry, surveying, and planimetric mapping services which will
achieve several purposes. First, it will update two very important data sets, which are the sets
of maps showing topographic contours and orthophotos (aerial photos corrected for distortion).
Second, it will establish some much needed first and second order survey control points in the
city, and third, it will collect data on the sewer system and other city facilities which will be
used to support the city's infrastructure maintenance programs, All of this data will be in a
computer fonnat so that it may be stored and maintained on the city-wide Geographic
Infonnation System (GIS). As a part of the GIS system, this data will be developed into various
base maps and databases available to all city departments; and thereby supporting city staff in
providing accurate and consistent infonnation to the public.
This agreement begins implementation of the third phase of the approved CIP project for the
city-wide GIS. The first two phases for design and acquisition of the city-wide GIS system
hardware and software were approved by previous Council action, As planned in the CIP, this
third phase is for data collection and updating of key and necessary infonnation of the City's
valuable infrastructure assets, The city will derive many benefits by using the data on the GIS
system. One benefit is the improvement in service by providing more accurate and more
consistent infonnation to the public; another significant benefit is the increased efficiency which
will result in operational cost savings over the long tenn, Many specific applications and
products will eventuaIly be developed to meet the needs of the public as well as City staff. An
example of a specific product may be a map to promote economic development by showing
available vacant or unimproved properties in the City with zoning and other infonnation of
interest to a potential developer or investor. Additional benefits and savings are listed in the
following discussion.
RECOMMENDATION: That Council adopt the resolution awarding an agreement in the
amount of $572,128 with the flnn of Merrick and Company; and authorizing the expenditure
of $572,128 from the GIS project CIP; and authorizing the Mayor to execute said agreement.
BOARDS/COMMISSIONS RECOMMENDA nON: Not applicable,
µ-r /0.,5
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Page 2, I~rc
Meeting Date 4 ,~..'4
DISCUSSION:
·
General
This agreement will achieve a major portion of the base mapping and database development
phase of the city-wide GIS CIP project, which is the third phase of the GIS project. As
presented at a Council Workshop on GIS (February 1992) and in the Council Agenda Statement
of April 27, 1993 and May 11, 1993 (see attachments of Council Agenda Statements and
Council Minutes), the overall GIS project is comprised of three phases: (1) system design, (2)
GIS system hardware and software acquisition and implementation, and (3) base mapping and
database development. The first phase, system design, has been completed. The second phase,
· system acquisition and implementation, was approved by Council on May 11, 1993 and is near
completion. Both of these phases have been on budget as identified in the CIP detail sheet
(attached). Staff has been developing a parcel base map of the city with a link to the Assessor's
database; this base map of 44,000 parcels is expected to be completed by March 1994, at which
time the first major application for city-wide use will be available, This first application will
fully automate the radius search-mailing list function used by all departments; and will
consequently increase staff productivity by reducing the time required to perform this function.
As presented in previous reports, there are many benefits and savings from the city-wide GIS
project. The benefits and savings are both tangible and intangible, direct and indirect, and may
· be realized in short and long term time frames, The following benefits and savings were
extracted from the May 11, 1993 Council Agenda Statement:
· Sbort-term (years 2-5 of project) savings are projected to be $430,600 annually (based on specific savings from
identified applications listed in !be GIS Table of Applications).
· Long-term (years 5-10 of project) savings are projected to be $628,100 annually (based on specific savings from
identified applications listed in !be GIS Table of Applications).
· A savings of $4,0 million is projected over ten years; this is !be difference at !be end of ten years between !be
cumulative cost of continuing to perform tasks manually versus using !be GIS to automate !be tasks.
· · The Benefit/Cost Ratio ranged from 2:1 to 4:1; whicb is !be identified savings due to !be GIS versus !be cost
of !be GIS,
· Productivity increases ranged from 2: 1 to 10: 1; this ratio is generally !be efficiency difference due to automating
a manual process (i,e, manual updating of maps requiring one bour may only take twenty minutes using a GIS
resulting in a ratio of 3: 1),
· The breakeven or payback period ranged from 3,5 to 8 years; whicb is !be time required for !be savings and
benefits from !be system to pay for !be cost or investment of !be system,
· Average Rate ofRetllrn is 30"; whicb i.!be annual return of savings for !be investment.
· During the Council discussions of April 27, 1993 and May 11, 1993, which considered and
approved the second phase of the GIS CIP project, two issues were referred to staff, The first
was a question on why Sewer Funds were contributing to the GIS project (Referral 2759), and
since this was raised during the second phase, which was for the acquisition of the system
hardware and software, it is understandable that there may be some difficulty in visualizing how
_Iv? r
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Meeting Date 2 194 z./Is/q..f
the sewer system will directly benefit from the GIS project. However, this third phase of the
project concentrates on the collection of infrastructure data, and will specifically collect data on
the sewer system and on the storm water system. In fact, it is because the sewer system is
mostly dependent on gravity flow that there is a need to determine the elevation of the
infrastructure. This and other data collected as part of the GIS project is important in the
operation and maintenance of the sewer system, and this is particularly true during an emergency
situation. For example, in the event of a hazardous materials spill that has somehow entered the
sewer system, it is critically important to be able to rapidly determine the underground locations,
connections, and flow parameters of the sewer system to respond in a timely and effective
manner. Another example of the use of this information in the GIS is in determining which
section of main (at the junction of two or three sections) will be affected first if the system is
blocked downstream so that the crews can then respond to avoid potential impact to
homeowners, This data in the GIS is similarly important for storm water runoff predictions, and
other flow or flooding determinations, Other uses include the development of applications to
support engineering analysis and design, and to support operations and maintenance of the sewer
and storm water systems. For example, some of the data collected will be used in a maintenance
management program to support the sewer crews in determining timely inspections and
maintenance schedules, Timely inspections and maintenance of the sewer mains promote the
life of the infrastructure or may identify potential problems such as infùtration before they
become major problems, In both these examples, the avoidance of having to prematurely
replace a section of sewer main or the avoidance of having to process additional effluent due to
inf1ltration, will ultimately benefit the rate payers of the sewer system.
The second issue referred to staff was regarding the allocation of the savings from GIS to the
funding sources of the project (Referral 2765). To address this issue, staff has been monitoring
the uses and products created by the GIS system. However, at this point there has been very
few uses or products because the GIS system is still in the early development phase, and staff
has been developing the core base maps and databases which is the basic foundation layer of
information necessary for all future development of data, applications, and products, Currently
being developed is the city parcel map consisting of approximately 44,000 parcels, This is the
first of several basic foundation layers and is expected to be completed by March 1994. Staff
will continue to monitor the benefits and savings derived from the GIS as the uses and products
increases; and will report more information on the benefits and savings realÍ7..n as it becomes
available.
As mentioned earlier, this portion of the third phase concentrates on the sewer and storm water
infrastructure data; the City's other assets and infrastructure data such as street lights, traffic
signals, trees, street signs, etc. will be collected using a different method and will likely be
under another agreement in the next fiscal year.
Backf!round
The City of Chula Vista normally uses and maintains various sets of information and base maps,
The intent of this project is to update several vital sets of base maps and databases, and to
provide new data necessary for better operation of the City, Specifically, this project will: (I)
densify existing survey controls by adding new survey control monuments of high accuracy
- J.:J, 3-
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page4'I~ 10
Meeting Date /94 2/1-4t1 ~
throughout Chula Vista, (2) perform controlled aerial photography and triangulation which is
neœssary to complete items (3)-(6), (3) create a digital elevation model based on elevation data,
· (4) create contour data and maps, (5) collect planimetric data on city facilities such as sewer
manholes and storm drainage catch basins, and (6) create digital orthophotos, The area covered
by this project includes both the city and its General Plan area,
Most cities, especially the cities with growth, development, and other land changes, regularly
update their key sets of maps every five to eight years. However, the City of Chula Vista has
not updated two of its more important map sets in over twenty years, which are the contour map
and the set of orthophotos (orthophotos are aerial photos that have been rectified to correct any
distortions from lens angle at the time of the photography or from the edge of the camera lens).
Reœntly, cities such as Vista, and Escondido have had similar projects done, RUIS, the
· Regional Urban Information Systems which is an agency of both the City of San Diego and the
County of San Diego, has within the past year also started a similar project of surveying,
planimetric mapping, and orthophotography for the City of San Diego Water Utilities
Department.
The densification of Ist and 2nd Order (highest levels of accuracy) survey controls will improve
the quality of the local geodetic control which is used by surveyors and engineers to locate and
reference their maps (i.e. parcel maps, fmal maps of subdivisions, Record of Surveys, etc,),
This is neœssary because there currently are very few such controls in Chula Vista and because
these survey controls are needed to link the aerial photos to a controlled ground location, This
· task is also important because it will provide the basis for updating the coordinates of the City's
base maps to the North American Datum of 1983 (NAD83) from the current basis of NAD27.
National standards have long required that survey control work be done based on NAD83; so
while map submittals for many years have been in NAD83 coordinates, it has been difficult to
properly incorporate these individual maps onto the base map using these coordinates,
The aerial photography and analytical aerotriangulation process is a neœssary step because it is
the controlled aerial photography that produces the high resolution photo images which are then
processed through analytical triangulation stereo plotters to produce elevation data and terrain
models. This process of compiling maps by measurement of controlled aerial photos is known
· as photogrammetric mapping, and is the accepted standard method for obtaining contour data
or developing topographic contour maps of large areas.
The digital elevation model (DEM) is a cartographic representation of the surface of an area
created from the elevation data. The DEM is an intermediate step toward the development of
the contour map, and in the future, it may be used for three-dimensional views and modeling,
One important base map set is the topographic contour map (scale: I" =200') which shows the
elevation and shape of the land, and is used by many departments for planning, engineering
design, and other purposes, As mentioned earlier, the City of Chula Vista has not updated the
· contour base map in over twenty years, This means that when considering grading, storm water
runoff, sewer system design, and other slope/contour related issues, very conservative
assumptions must be used in the decision making process, This contour map needs to be
updated to provide the latest information for on-going review, and because of new requirements
~
ID-~
pageS'I~IÇ)
Meeting Date 4 2/, Sol e, ~
such as the National Pollution Discharge Elimination System (NPDES) program which requires
identification of potential pollution discharge locations.
Planimetric mapping is the collection of data that are visible and identifiable on aerial photos
such as roads, curbs, sidewalks, manholes, etc" and that can be compiled into map features
through photograrnmetric procedures. The importance of this type of mapping is that it shows
the locational reJationship of existing features to each other, The collection of this data is
necessary because there currently is no composite base map showing the locations of sidewalks,
curbs, and catch basins; and there is no complete inventory of sewer manholes. As more
infrastructure and street improvements are built, this information is becoming more and more
important for efficient infrastructure maintenance activity and scheduling,
The last important product from this project is a set of digital orthophotos, As stated earlier,
the last time a set of orthophotos was produced for the city was over twenty years ago, While
from time to time there are aerial photos taken for various purposes, these often only cover a
limited project area. The orthophotos, which are corrected for distortions, provide a more
accurate snapshot of the city's terrain, More importantly, the contour elevation lines are mapped
over orthophotos instead of over regular aerial photos because uncorrected distortions of the
regular photos may make the terrain or slope appear to be more or less steep than it really is,
resulting in inaccurate engineering calculations,
In summary, this project is a major investment in the maintenance of the City's valuable
infrastructure, and in the long term future of the City. The processes and products from this
project will update much of the old outdated data necessary for the management and operation
of the City. This data and other new data will be captured in a digital format so that it may be
incorporated into the GIS system so that future use and updating of the data will be much more
efficient. The long term effect of this investment will be in the significant benefits and savings
previously listed on Page 2 of this document,
Selection Process
The following information is a summary of the RFP and selection process, which resulted in the
selection of Merrick and Company to provide photogrammetry, surveying, and planimetric
mapping services.
A Request For Proposal (RFP) was developed that included the basic tasks for photogrammetry,
survey control, orthophotography, and planimetric data of the sewer and storm water systems,
In addition, planimetric data collection of the City's other facilities such as street lights, traffic
signals, street signs, transit furniture, etc. was a included in the RFP as optional tasks which at
the City's discretion, mayor may not be executed.
On November 6, 1992 staff issued this comprehensive request for proposals for photograrnmetry,
surveying, and planimetric mapping services. The availability of the RFP was advertised in GIS
trade journals for several months and was also advertised in a local newspaper for five days,
Fifty seven (57) copies of the RFP were requested and sent to potential contractors. A pre-
proposal conference for the potential contractors was held on November 18, 1992 with the
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proposal due date of December 4, 1992. The following twelve proposals were received in
response to the City's RFP.
·
Total Cost
Proposal Evaluation (includes all options)
Mapping Automation and Professional Incomplete proposal (did not $ 124,500
Services bid on all required tasks)
Intera Incomplete proposal (did not 2,027,650
bid on all required tasks)
Pictorial Sciences of Arizona Incomplete proposal (did not 678,035
· bid on all required tasks)
Horizons, Inc. Poor proposal (poor end- 700,595
product, poor methodology)
Greenborne & O'Mara Incomplete proposal (did not 980,290
bid on aU required tasks)
Geonex Poor proposal (poor end- 814,061
product, poor methodology)
Rattray and Associates Incomplete proposal (did not 1,109,700
bid on aU required tasks)
· Merrick and Company On short-list (good end-product 880,200
good methodology)
Analytical Surveys, Inc. On short-list (fair end-product, 840,748
good methodology)
Digital Mapping, Inc, Poor proposal (poor end- 898,730
product, poor methodology)
Towill, Inc, On short-list (fair end-product, 1,182,564
good methodology)
Aerial Data Reduction Poor proposal (poor end- 1,240,585
· product, poor methodology)
The Selection Committee was comprised of the following City staff and one member from
Caltrans: Cliff Swanson, Deputy Director of Public Works/City Engineer; Bill Ullrich, Senior
Civil Engineer; Fred Wong, GIS Manager; and Vance Breshears, District Surveys Engineer,
Caltrans.
The Selection Committee evaluated and rated all of the proposals on a points basis using a form
(see attached sample evaluation form) based on the pre-established criteria listed in the RFP,
which included: ability to fulfill the City's technical objectives, methodology and techniques
· employed in meeting specifications, cost, company/team stability, references and experience,
qualifications of key personnel, quality control techniques, and general responsiveness to the
RFP. The evaluation resulted in three proposals being selected to the short-list for further
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Meeting Date 4 l./,')/q-l
consideration. The three short-listed proposals were from the following fIrms: Analytical
Surveys, Inc., Merrick and Company, and Towill Inc,
The remaining nine proposals were eliminated from further consideration for the following
reasons. Mapping Automation and Professional Services, Intera, Pictorial Sciences of Arizona,
Greenhome & O'Mara, and Rattray and Associates were eliminated as non-responsive partial
proposals because they did not address one or more of the tasks required in the RFP. Horizons,
Inc., Geonex, Digital Mapping, Inc., and Aerial Data Reduction were eliminated because they
were rated substantially lower than the top three proposals based on their methodology,
techniques, quality control procedures, qualifIcations of key personnel, and past experience,
Each of the three short-listed firms was then invited for an interview to discuss the project tasks
in detail. During this evaluation process, staff determined that the optional tasks, which were
to collect planimetric data on city facilities such as street signs, street lights, traffIc signals, etc.,
would be more cost effective to collect at a later date using other methods; and therefore
eliminated the cost of the optional tasks from consideration, These optional data collection tasks
will be accomplished later using other more cost effective methods, For example, city staff may
collect some of the data by purchasing special data collection equipment which could also be
used in the future for on-going data maintenance; and/or another advanced technology method
would be to use GPS (Global Positioning System) with mobile video logging that would not only
provide an inventory and location, but may alsó be useful as a video reference of existing city
facilities (i.e. visibility of street signs, pavement conditions, etc,),
Based on the proposal evaluation, the interviews, and the cost without the optional tasks, the
Selection Committee has selected the proposal from Merrick and Company as the one that best
meets the requirements of the City, and is the lowest cost of the short-listed fIrms. In particular,
the project techniques and methodology proposed by Merrick and Company will result in
detailed data that is significantly above the standard specifications, This means the resolution
of the digital orthophotos are much better than the next highest rated proposal; therefore, more
of the street features and city facilities may be distinguished, and greater enlargements/"zooming
in" of the orthophotos may be achieved before the photo imagery breaks-up and becomes
indiscernible. Merrick and Company also has good experience in similar projects with other
municipal agencies.
Cost without
optional tasks
Merrick and Company $ 572,128
Analytical Surveys, Inc. 605,453
Towill, Inc. 908,389
The other two proposals that had been short-listed were ranked in the following order: rated
second is Analytical Surveys, Inc., and third is Towill, Inc. The Analytical Surveys, Inc,
proposal was good, but the resulting digital orthophotos would have a much lower imagery
resolution than the highest rated proposal because the methodology and techniques proposed
would have the aerial photos taken from a higher altitude. The Analytical Surveys, Inc.
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Meeting Date 4 zlls ICf-l
proposal was also rated second because it did not have the lowest cost. The Towill proposal,
rated third, was also a technically good proposal, but their cost is much higher than the other
two, and their experience in similar projects with local governments was not as extensive as the
other two short-listed firms which had much more experience in similar projects,
· This phase of the project has taken several months longer than usual because of the highly
technical nature of the project and because of the dependency and sequencing of the data in order
to obtain a quality product. Throughout the evaluation procedure, and in surveying other cities
with similar projects, staff has realized the importance of understanding the technical processes
and details necessary in this type of project, and has consequently taken the time and effort to
learn and understand them. For example, the aerial photo camera must be calibrated and the
photos must be taken within a limited amount of camera tilt and within a limited amount of
altitude variance in order for the photo distortions to be rectified. The photos are then used in
a stereo plotter for a three-dimensional view of the terrain to pick out ridge line points and
elevation points. This elevation data is then used to create contour lines and digital terrain
· models from which infrastructure slope design or drainage flows may be calculated. Each level
of data is derived from the previous data set and is therefore dependent on the quality of that
previous data set. While the contractor will be performing quality control steps as part of the
process, it will be the responsibility of City staff to critically review and approve or reject each
data set prior to its use for the next step. Most cities contract a consultant to perform the
Quality Assurance (QA) review; however, staff has determined that it would be beneficial to
perfonn the QA process in-house, and has therefore spent several months to study the technology
and processes in detail and has used this knowledge in the evaluation and final selection of the
contractor for this project, This knowledge and understanding will also be fundamental in the
inspection and acceptance or rejection of each data set.
·
Prior to the RFP and throughout the evaluation procedure, other cost savings opportunities were
investigated, including a possibility of utilizing some orthophotography and photogrammetry
from the City of San Diego Water Utilities Department. Through RillS, the Water Utilities
Department had a similar, but limited project, perfonned about a year ago. A detailed
investigation into all the ramifications of sharing their data revealed that their orthophoto
resolution was significantly lower due to the following factors: 1) a higher aerial photo altitude,
2) no contour infonnation was produced, 3) the photos only covered two narrow corridors where
their water mains traverse through Chula Vista, 4) much extra work would be required to blend
in their photos to new photos from this project, 5) their photos were taken a year ago and since
· that time there has been significant land development in the area of their photos resulting in
outdated and inconsistent photos which would need to be merged to a new photo set, 6) no sewer
or stonn water facilities data was collected in their area photos, therefore, the area covered by
their photos would have to be rephotographed. All of these negative ramifications eliminated
the possibility of using their limited data set.
The attached Agreement with Merrick and Company reflects the above reduction, includes a
perfonnance bond, and retention of 10% of payment for all phases until final acceptance of the
fully completed project. In addition to a San Diego area subcontractor perfonning the surveying
work, Merrick and Company has agreed to use "local" labor resources (i.e, local temporary
· employment agencies) for temporary help to accomplish the marking of utility features, such as
sewer manholes, catch basins, and survey control points by painting them so that they may be
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Meeting Date 4 'l.(IS(qÝ.
recorded and seen on the aerial photos, The City of Chula Vista has not contracted with
Merrick and Company for any other services in the past.
FISCAL IMPACT: This action would authorize the expenditure of $572,128 of previously
appropriated funds in the GIS project CIP. All of the funding sources are from non-General
Fund sources as identified in the CIP Detail Sheet for the GIS Project and is specified in
Attachment 1, The savings and benefits from this project are listed on Page 2 of this Council
Agenda Statement.
Attachment: CIP Funding for Merrick Agreement (Attachment 1)
Financial/Party Disclosure Statement
Agreement with Merrick and Company
GIS CIP Detail Sheet
Project Evaluation Form
Previous Council Agenda Statements and Council Minutes of 5/ II /93 and 4/27/93
Memorandum to Council on Status of GIS Project dated 10/5/92
FW: File NP.ooI
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Attachment 1
CIP Funding for Pbotogrammetry, Surveying, and Planimetric Mapping Merrick
Agreement
CIP GGlO4 - GIS PrQject Fundine
250-2501-GGl 04 Gas Tax $13,228
404-4040-GG 1 04 SCOOT 13,228
600-6007-GGI04 Special Sewer CIP Fund 384,988
600-6008-GG 1 04 Trunk Sewer CIP Fund 111,000
621-621 D-GGl 04 Transportation DIP 20,000
995-9950-GG 1 04 RDA TCI 16,456
996-9960-GG 1 04 RDA Otay 13,228
Total: $572,128
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. .
'IflE ern' CJF CHUU }.7STA PAR1Y DISCWSU/œ SJ:ATBMBNT
~'J~nne:it of disclosure of certain ownership interests, pa)'ments, or campaign contributions, on all mG1!ers
"h'ch will require discretionary action on the part of the City Council, Planning Commwion, and all C1\hrr
ïej,,! bl"'dics. The follov.;ng information must be disc1osed:
-
1 names- of all persons having 8 financia! interest i.e" contractor,
or, material supplier.
& Com an
Air Fli t Serv ce
Photo Sci ceo Inc.
Hunsaker & sociates
-, If on)' person identi I pursuant to (1) above is a eorporoti n or partnership, list the names of Gl!
-
individuals owning mor thiln 10% of the shares in the orporation or owning any partnership
interest in the partnership. Jack Hill - Hunsaker
Jack Barcelona Dave Hammer - Hunsaker
- Bryan Logan -
,
~ If ~ny person identified pursu~nt \0 (1 above s non-profit organizBtion or B trust, list the names
of any person sef'lling as direclOr of the o -profit organization or as trustee or benefici~f)' or
trustor of the; trust.
N 1\
Have you had more than 5250 wor of business Iransa ed with any member of the City mH,
"- Boards, Commissions, Committees nd Council within the t ""'elve months? Yes_
, No ~ If yes, please indicate p rson(s):
- Please identify eoch and every erson, inc1udins ~ny agents, employee, onsultants or independer,¡
contrnctors who you have as"¡;ne~ to repre$ent you before the City in t . maner.
Duane M. Johnson - rrlck Jack Hill - H saker
Robert O. Strlne -
Brian R. Raber -
" H~ve you and/or your Weers or agents, in the aggregate, contributed more than SJ.OOO to ~
Councilmember in the unent or preceding ekction period? Yes _ No 2xlf ye~. ~Iat~ II hi'!1
. Councilmember(s):
~ Is dcfincll IS: 'AII.v indMdllnl,fírnr, cø,p(lrlflc/,s/¡ip,joillll'tnh,re, /lss«i(l/ion, ¡«inl cluh./rmem(llorr/lllilfllion, cørpom"o".
'~'/I.J('. mISt, ITcri,·", S).,.d;c"'~. ,his (Jlld "'I)' o,htr CØUIII)'. c;1}' (HId 'Øtlll"'~ "f)', nrullicipnlil); diJ/ricl or Other ¡KJIi';c,,' IUhd'·.ï:Jiuij,
01 ntl,\' oilIer group Ø#' tOfllbinfllion /le/ill$ (IS (I IIlIi/"
(',aTE: Amch .dllllion~1 rnses 0> nrr~5s~IY) ~Y?t~
D:..~: January 24. 1994
Si£!1:lwre of contra Drtapplicant
- Duane M. Johnson
.
General Manager. Merrick & Company
¡ \ ,. \ ;) ,nosr 'Ixr¡ Prir.1 or Iype: naml: 01" conlraclor/applicanl
IH," I\~'il 1: '"
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Agreement between
City of Chula Vista
and
Merrick & Company
for Photogrammetry, Surveying, and Planimetric Services
This agreement ("Agreement"), dated for the purposes of
reference only, and effective as of the date last executed unless another date is otherwise
specified in Exhibit A, Paragraph I is between the City-related entity as is indicated on Exhibit
A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3,
and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business
form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers
are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the
following facts:
Recitals
Whereas, the City desires certain professional photogrammetry, surveying, and
planimetric services hereinafter described; and,
Whereas, the City issued a Request For Proposal for such services and the Consultant
responded with a proposal; and,
Whereas, the City has reviewed and evaluated competitive responses to a request for
proposals in accordance with Chula Vista Municipal Code 02,56.220 et seq., and desires to
engage the Consultant to provide these services by reason of its qualifications and experience
for performing such services; and,
Whereas, the City and the Consultant has negotiated a scope of work and payment for
such services; 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;
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NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby
mutually agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described ort the attached Exhibit A,
Paragraph 7, entitled "General Duties"; and,
B. Scope of Work and Schedule
,
In the process of performing and delivering said "General Duties", Consultant shall also
perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and
Schedule", not inconsistent with the General Duties, according to, and within the time frames
set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in
Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of
this agreement. The General Duties and the work and deliverables required in the Scope of
Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete
the Defined Services by the times indicated does not, except at the option of the City, operate
to terminate this Agreement,
·
C, Reductions in Scope of Work
City may independently, or upon request from Consultant, from time to time reduce the
Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City
and Consultant agree to meet in good faith and confer for the purpose of negotiating a
corresponding reduction in the compensation associated with said reduction,
D. Additional Services
· In addition to performing the Defined Services herein set forth, City may require
Consultant to perform additional consulting services related to the Defined Services ("Additional
Services"), and upon doing so in writing, if they are within the scope of services offered by
Consultant, Consultant shall perform same on a time and materials basis at the rates set forth
in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise
agreed upon, All compensation for Additional Services shall be paid monthly as bilIed.
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 ski11
ordinarily exercised by members of the profession currently practicing under similar conditions
and in similar locations.
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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 whiçh 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 Compensatioll 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 demonstrating same, and further indicating that the policies may not be canceled
without at least thirty (30) days written notice to the Additional Insured,
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage, Primary Coverage and
Cross-liability Coverage required under Consultant's Commercial General Liability Insurance
Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which
shall be reviewed and approved by the Risk Manager.
H, Security for Performance,
(1) Performance Bond.
In the event that Exhibit A, at Paragraph 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
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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.
(4) Retention
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to
provide a Retention (indicated by a check mark in the parenthetical space immediately preceding
the subparagraph entitled "Retention"), then City shall be entitled to retain, at their option, either
the "Retention Percentage" or "Retention Amount" until the City determines that the Retention
· Release Event has occurred, as indicated in Paragraph 19, Exhibit A.
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
4
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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 10, 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 Consultant according to the terms and conditions set forth
in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by
a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set
forth in paragraph 19 of Exhibit A, 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.
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 compl!'tion 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
5
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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 IS, as an "FPPC filer", Consultant
is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest
and disclosure provisions, and shall report economic interests to the City Clerk on the required
Statement of Economic Interests in such reporting categories as are specified in Paragraph 15
· of Exhibit A, or if none are specified, then as determined by the City Attorney.
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.
6
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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 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 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 coMection 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'
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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 sh;Jl have the right to terminate
this Agreement by giving written notice to Consultant of such termination and specifying the
effective date thereof at least five (5) days before the effective date of such termination, In that
event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and
other materials prepared by Consultant shall, at the option of the City, become the property of
the City, and Consultant shall be entitled to receive just and equitable compensation for any
work satisfactorily completed on such documents and other materials up to the effective date of
Notice of Termination, not to exceed the amounts payable hereunder, and less any damages
caused City by Consultant's breach.
9, Errors and Omissions
·
In the event that the City Administrator determines that the Consultants' negligence,
errors, or omissions in the performance of work under this Agreement has resulted in expense
to City greater than would have resulted if there were no such negligence, errors, omissions,
Consultant shall reimburse City for any additional expenses incurred by the City, Nothing
herein is intended to limit City's rights under other provisions of this agreement.
10, Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by giving specific
· written notice to Consultant of such termination and specifying the effective date thereof, at least
thirty (30) days before the effective date of such termination, In that event, all finished and
unfinished documents and other materials described hereinabove shall, at the option of the City,
become City's sole and exclusive property, If the Agreement is terminated by City as provided
in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents and other materials to the effective date of such
termination, Consultant hereby expressly waives any and all claims for damages or compensation
arising under this Agreement except as set forth herein.
11. Assignability
·
The services of Consultant are personal to the City, and Consultant shall not assign any
interest in this Agreement, and shall not transfer any interest in the same (whether by assignment
or novation), without prior written consent of City, which City may not unreasonably deny.
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· .
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12, Ownership, Publication, Reproduction and Use of Material
All reports, studies, infonnation, data, statistics, forms, designs, plans, photographs,
procedures, systems and any other materials or properties produced under this Agreement sha11
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, fonns 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.
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
Should a dispute arising out of this Agreement result in litigation, it is agreed that the
prevailing party sha11 be entitled to recover all reasonable costs incurred in the defense of the
claim, including costs and attorney's fees.
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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 peñonning 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
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,
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and that aU resolutions or other actions have been taken so as to enable it to enter into this
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 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
peñormance hereunder, .shall be the City of Chula Vista.
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Signature Page
to
Agreement between City of Chula Vista and Merrick & Company
for Photogrammetry, Surveying, and Planimetric Services
IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating
that they have read and understood same, and indicate their full and complete consent to its
terms:
Dated: ,19_ City of Chula Vista
by:
Tim Nader, Mayor
,
Attest:
Beverly Authelet, City Clerk
Approved as to form:
Bruce M. Boogaard, City Attorney
·
Dated : ,19_ Merrick & Company
By,~k~
Bruce A. Walker, 'dent 0;0
Z>e/M/£ M,.:1ê1 HNS
~1'¡;;C('/17I1£ WeE "P.e£S/P!Ff./f
·
Exhibit List to Agreement
(X) Exhibit A.
(X) Exhibit B: Map of Project Area
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Exhibit A
to
Agreement between
City of Chula Vista
and
Merrick & Company
1. Effective Date of Agreement:
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation of the State of California
( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the
State of California
( ) Industrial Development Authority of the City of Chula Vista, a
( ) Other: , a [insert business
form]
("City")
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4, Consultant:
Merrick & Company
S. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
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..'" -~-,..__._~_._....__..__.". --..-..---,-.--- --- ..,- --..-----.---.'.--------.,.--.-.
6. Place of Business, Telephone and Fax Number of Consultant:
Merrick & Company
10855 E. Bethany Drive
Aurora, Colorado 80014
Voice Phone (303) 751-0741
(800) 544-1714
Fax Phone (303) 751-2581
7. General Duûes:
To provide services to collect land data and infonnaûon in the project area shown in
Exhibit B for use by the City in digital fonnat. Services include, but is not limited to uûlity
marking, land survey control, aerial photography, photogrammetry, and planimetric data
translation. Products to be provided include, but is not limited to surveying reports and control
prints, set of contact prints, set of photography indices, digital terrain models and contours,
planimetric and utility data, and digital orthophotos,
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
Task 1. Perform a GPS survey to establish First Order control points focming an approximate 2 mile grid
covering the City and the urbanized area of the sphere of influence. Exhibit B is a map of the area to be
covered by the First Order control. Wherever possible the survey will utilize existin¡ durable cadastral
monuments whicb can be referenced on a recorded document (tract map, parcel map or recoed of survey)
as control point monumentation. Where no cadastral monument exists a durable monument will be set by
the contractor. Survey should be of First Order accuracy borizontaIly, I.e. 959' confidence interval of 1cm
· base error and 10 parts per million linear error, The survey should conform to Geometric Geodetic
Accuracy Standards and Specifications for Usin¡ ÇJPS Relative Positionin¡ Techniques, Version 5.0 as
prepared by the Federal Geodetic Control Committee. Tbe survey will be constrained to the High
precision Geodetic Network. Vertical accuracy will be sufficient to support photo¡rammetric mapping.
A record of survey will be prepared and filed with the County. One record of survey for both Task I and
Task 2 will be produced using the Guidelines for the Preparation of a Record of Survey for GPS.
Task 2. Perform a GPS survey to establish Second Oeder control points focmin¡ an approximate 1/2 mile
¡rid covering the City, Exhibit B is a map showin¡ the area in which the ¡eodetic network is to be
densified to this level. Survey will utilize existin¡ durable cadastral monuments which can be referenced
on a recoeded document (tract map, parcel map or recoed of survey) as control monuments wherever
possible. Where no cadastral monument exists a durable monument win be lei by the contractor,
· Horizontal accuracy will be consistent with Second Order, Class 1, i,e. 959' confideDce interVal of 20m
base error and 20 parts per million linear error. Vertical accuracy will be IIIfficient to IIIpport
photogrammetric mappin¡ only, Survey will be constrained to First Order control developed UDder Task
1. A monument recoed form shall be prepared for each point providin¡ a description of the monument as
weIl as its location. One recoed of survey for both Task 1 ODd Task 2 will be prepared ODd filed with the
County. The Record of Survey will be produced using the Guidelines for the preparation of . Recoed of
Survey for GPS.
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Task 3. Perform a GPS survey providing control for the purposes of supporting photogrammetric mapping.
A map showing the area in which the geodetic network is 10 he densified for the purposes of pholo control
only is shown in Exhibit B. Survey will utilize existing durable cadastral monuments which can he
referenced on a recorded document (tract map. parcel map or record of survey) as control monuments
wherever possible. Where no cadastral monument exists a durable monument will he set hy the contraclor.
See Appendix F in the "RFP For Phologrammetry, Surveying, and Planimetric Services" for a clefinitioo
of acceptable found durahle monuments. Horizontal accuracy wil1 he consisteDt with Second Order, Class
I, i.e. 9S!1i confidence interval of2cm base error and 20 par1s per million linear error, Vertical accuracy
will he sufficient 10 support phOlogrammetric mapping. The survey wil1 he coastrained to First Order
control devei"ped under Task I. A monument record form sbaIJ he prepared for each point providing a
clescription of the monument as wel1 as its location, See Appendix E in the "RFP For Photogrammetry.
Surveying, and Planimetric Services" for a sample monument record form. A record of survey will he
prepared and filed with the County. The Record of Survey wil1 he produced using the Guidelines for the
Preparation of a Record of Survey for GPS.
Task 4, Black and white aerial photography to cover the area of mapping as indicated on the map in
Exhibit B. Aerial photography should he in conformance with specifications in Appendix G in the "RFP
For Photogrammetry, Surveying, and Planimetric Services", Photography must support the mapping
required in Tasks S and 6.
Task 5. Aerial triangulation for photography acquired in Task 4. Aerial triangulation will he in accordance
with photogrammetric specifications in Appendix G in the "RFP For Photogrammetry, Surveying, and
Planimetric Services", The aerial triangulation will utilize the control established in Tasks 1 and 2.
Task 6. Digital orthophotography will be produced with one orthophoto covering one 2000' x 3000' map
sheet. A map showing the area to be covered can he found in Exhibit B. Digital orthophotography will
he produced in accordance with the photogrammetric specifications in Appendix G in the "RFP For
Photogrammetry, Surveying, and Planimetric Services". Digital orthophotography will be delivered at a
pixel resolution of .S' and I'.
Task 7. Digital orthophotography will be produced with one orthopholo covering one 8,000' x 12,000' map
sheet. A map showing the area to be covered can be found in Exhibit B. Digital orthophotography will
be produced in accordance with the photogrammetric specifications in Appendix G in the "RFP For
Pbotogrammetry, Surveying, and Planimetric Services". Di¡ital Orthopbotography will he delivered at a
pixel resolution of 2' and 4',
Task 8. A tenain model suitable for generation of 2' conlour data will be generated as an irregular
triangulated network. Generation of Ibis terrain model will he in accordance with pbotogrammetric
specifications to he found in Appendix G in the "RFP For Pbotogrammetry, Surveying, and Planimetric
Services". Terrain data will be delivered in the specified format in tiles whicb are a multiple of 2000' x
3000' in order to optimize file sizes, 2' conloura will he generated from the terrain model and delivered
in the specified format. Exhibit B is a map showing the area to he covered.
Task 9, A terrain model IUÍtable for ....-üOD of 10' coatour c1ata will he geoerated as an irregular
triangulated Detwork. GeaoratiOD of lbil terrain model will he in accordance with pbotogrammetric
lpeCificatiODl to he fOUlld in Appendix G in the "RFP For Pbotogrammetry, Surveying, and Planimetric
Services". Terrain c1ata will he cleIivencl in the IpeCified format in tiles which are a multiple of 8.000'
x 12,000' in order to optimize file 1ÎzeI, 10' contours will he poerated from the terrain model and
delivered in the lpeCified format. Exhihit B is a map Ibowingthe area 10 he covered,
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Task lO. Taraet (panel) sewer and BIorm dnin facilities for photogrammetric data capture. Sewer
manholes, storm manholes and catch basins will be targeted. A map showing the project area in which
facilities are to be targeted can be found in Exhibit B.
Taskl!. Planimetric mapping to capture the following features will be produced. Exhibit B is a
map showing the area to be covered.
The information provided below illustrates the types of planimetric features being compiled and the
database characteristics for the terrain, utility, and limited planimetric options.
Terrain and Attributes
Feature Attributes
Contour Line Type, Elevation
Spot Elevation Elevation
DTM Point Type, Elevation
Utilities and Attributes
Feature Attributes
Sewer (manholes) Point Type, Elevation
Storm Water (manholes, catch basins) Point Type, Elevation
Limited Planimetry and Attributes
· Feature Attributes
Roads (alley. paved/unpaved) Polygon Type
Centerline Line Type
Curbs and walks Line Type
Parking Lots (paved) Line Type
Railroads Line Type, Owner Name
Bridges/culverts Line Type
Hydrography Polygon Type, Hydro Name
·
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliverables:
The schedule is based on completion from the notice to proceed. The final completion
· dates for the photogrammetry will be based from the actual time the aerial photography
and survey control is completed. Actual completion dates will be added once the start
date is finalized.
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MAPPING TASKS COMPLFnON
Proiect Sel~uD (weeks)
Nolice 10 proceed 0
Receive R UIS Rlrvey cllta I
(jct..,ff Meelin¡ 2
PhVlical Databale De.i2'Q
Datab... Deli", Worbhop 2
Pho&o¡rlmmc1ric: Databue Deli'D DocumeDLItioD 5
Utilitv MlrkinS!'
Ulility M'rI<ina MobiJiudOll 2
Udlily M.rti", (SOS c_ledOll) 6
Udli'y M.rti", (100$ oompletion) 10
C_ Point M.rti", 10
Photollraohic Products
Fli,bt line map. and control plan diaJTIm for Neh ICÙe or pbOlOlftphy 10
v.lid USGS Calibration Report (or lb. aerial camera 10
Aerial photo,raphy miNion 12
One (1) lei ofp.per 9·x9- contact priOla (1-.600' urban area and 1-.2400' rura' area) 17
One (I) let of aerial photo,raphy indicea on my'" for each acale of photo.raphy 19
Survev Products
GPS Surv.yin¡ IS
One (I) GPS Survey Report 17
RINEX GPS D.ta 17
One (I) HI of control contact prints 19
Fullv Analytical Aerotrian~lation (FA-AT) Products
Point transfer. pUJ and read 23
FAAT rclUlu report and eomputations 25
ASCn file of FAA T coordinate. 25
Digital Temin Model t'DTM)
Proto--typc DTM and contour coveraee. 29
City review and acceptance 33
DTM and contour covera,e. (20'" Rlbmiual) 44
DTM .nd .ontour cove",.. (40$ ..bmillal) 49
DTM IJId cOlllOUr .oven,.. (60$ ..bmillal) S4
DTM and contour coven,e. (IDS Rlbmiual) 59
DTM and contour covenp. (100S IUbmittaJ) 6S
R.ural DTM and rontour covera¡es (100'" IUbmiual) 72
Planimetric and Utilitv Dal.abase.
ProIo-Iype pllllimetric: IJId utility _..... 29
City nview and accepunee 33
Pllnimetric and uLiJity covera¡e. (20S IUbmiual) 44
Plarûmetrie ud utilit)' covcrap. (40S IUbmiual) 49
Pllrûmetric: and utility cov'rI,e. (60S IUbmiual) 54
Planimetric: and utility covel'll'" (10" JUbmiIlaJ) 59
PJaoime1ric IJId U1ilily .ove..... (100$ ..bmillll) 6S
DÎDital OfthoohotolPnDhv
ProIo-1ype u_ eboet pi... ODd d;,itaI OIIhopholoa 29
City nview IJId ac:cepcaøc:e 33
U_ .....t ,.... ODd d;,ital OIIhopholoa (20$ ....miIIII) 54
Urb.. .boot p....1JId d;,ital Ofthophdoa (40$ ....milla!) S9
Urban cbeet pi... .nd d;,ital Ofthopbolol (60$ ..bmilla!) 6S
Urb.. .hect pi... .nd di,;tal Oftbopbolol (80$ ....milla!) 70
Uttaan check piau and di.iLlJ onbophoto. (100" IUbmiual) 7S
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Rural check plou and dilital onhopbolDO (100!! ..bmiuaO 10
Producta Delivered Fo11owinll Comolction
One: (1) let original 9-x9- Del.lives of aerial photograph)' 15
fAAT diapolitivcl IS
One (1) act of onginaJ ortho diaPOIitivcI IS
Slereo model Abdute Oriemaûoa. RelUlu in ASCn format 15
One (1) tet of digital CN1b0l and coveral" on CD 15
D, Date for completion of all Consultant services:
Ei~hty-five (85) weeks from Notice to nroceed
9. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
(X) Employer's Liability Insurance coverage: $1,000,000,
(X) Commercial General Liability Insurance: $1,000,000.
( ) Errors and Omissions insurance: None Required (included in Commercial
General Liability coverage).
(X) Errors and Omissions Insurance: $250,000 (not included in Commercial General
Liability coverage).
10. Materials Required to be Supplied by City to Consultant:
1. Any existing documentation (needs/requirements studies, etc,) concerning the
implementation of GIS for the City,
· 2. RUIS project Record of Survey
3. City survey staff to assist with the planning and location of the First-order control
network. Documentation concerning the existing City control networks to be tied
to the new GPS network; including RUIS Record of Survey.
4. Copies of sewer and storm water maps to assist the utility pre-marking crews,
5, Letter to Merrick authorizing utility marking crews to perform the work.
6, Coordination with local police and traffic departments for utility pre-marking
·
crews and GPS surveyors.
11. Compensation:
A, (X) Single Fixed Fee Arrangement.
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For performance of all of the Defined Services by Consultant as herein required, City
shaH 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: $ 572.128.00 , payable as follows:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
CoaInet 10" DoIivorobIoIE_
AmouDl Retention "ymeDl
Da&ab... DeIÎJß DocUlnlnlalÌon $2,SOO 5250 $2,250
Utility Markin¡ MobilÎZ.ltion 4,200 420 3,780
U'iIiIY Markin¡ (SO\\; complelion) 27,825 . 2,783 25,042
Utilit)' Markin. (JOOS completion) 27,825 2,783 25,042
Control Point Tara.tin¡ 8,S00 850 7,650
Aerial PbOloaraphy 8,000 800 7,200
CoaLIct Prints 4,004 400 3,604
Pbok>-indic:e. 1,000 100 900
CiPS SurveyinJ 65,000 6,500 58,500
OPS Report and Control Prints 10,524 1,052 9,412
Point Tnnafer, "'I & Read 12,528 1,253 11,275
FAAT Rel\d.. and Report 3,132 313 2.819
DTM and COIIIOUr ProI<><ypa 2,500 250 2.250
DTM and COIIIour (urba.... 10" complation) 11,222 1,122 10,100
. DTM and COIIIOUr (u_ 20" e_"1ion) 11,222 1,122 10,100
DTM and CGdour (u_ 30" _1aIioD) 11,222 1.122 10,100
DTM and CGdour (u_ 40" _1aIiOD) 11,222 1.122 10,100
DTM aDd CGdour (u_ 50" ~ 11,222 1,122 10,100
DTM aDd COIIIOUr (u_ 60" _laIion) 11,222 1.122 10,100
DTM and COIIIOUr (u_ 70" _Iation) 11.222 1,122 10,100
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----____,____.._ o··.·.·..m___ -'_.-----"."-_._~_._,. - -,----..-.-.--- -~----,,-_._-_.~_._~--.-
CoaUaC\ 10" o.1ivcNblelEvent
Amount Retcnlion Payment
IYI'M and CoøI<>ur (u_IO" <OIO >letion) \1,222 1,122 10,100
DTM and Comour (urb<" 90S completion) \1,222 1,122 10,100
IYI'M .nd Contour (u_ 100" completioo) \1.222 1,122 10,100
IYI'M.nd Contour (rural- 100" completion) 7,590 759 6,131
Planimetric and Utility Pro&o-t.ype 3,000 300 2,700
Planimetric.nd Utility (10" compleûon) 17,422 1,742 15,680
Planimetric: and Utilit)' (201- completion) 17,422 1,742 1S,680
Planimetric and Utilit)' (30" completion) 17,422 1,742 15,680
Planimetric and Utility (405 completion) 17,422 1,742 15,680
Planimetric and Utility (SO" completion) 17,422 1,742 15,680
Planimetric and Utility (60" completion) 17,422 1,742 1S,680
Planimetric and Utility (70" completion) 17,422 1,742 1S,680
Planimetric and Utility (SO" completion) 17,422 1,742 1S,680
Pltinimelric.lnd Utility (90" eomplction) 17,422 1,742 IS ,680
Planimetric and Utility (1001. çompletion) 17,422 1,742 1S,680
·
Digital Ortho Prot.o-.typc 2,000 200 1,800
Di.i1al Ortho (urban- IDS completion) 9,034 903 8,131
Di,iLa1 Ortho (urban- 20" eompletion) 9,034 903 8,131
Di,i\al Qrtho (urban- 30" completion) 9,034 903 8,131
Di,ital Ortho (urban· 40'1 c:ompletion) 9,034 903 8,131
DiJital Qrlho (urb.n- 50" eomplelioø) 9.034 903 1,131
Di.ital Ortho (urb..... 60" completion) 9,034 903 1,131
·
Diaital Qrlho (urban-70" completion) 9,034 903 1.131
Di¡ital Qrlho (urb.... 80" <OII1 Iletion) 9,034 903 8,131
Dilital Qrtho (urb..... 90" çompletion) 9,034 903 1,131
Dilltal Qrlho (urba...IOO" completion) 9,034 903 1,131
Diaital Qrlho (ru..l- 100" eompletioo) 5.220 522 4.698
Total: $572,128 $57,213 $514,915
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B, ( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined Services by Consultant as
are separately identified below, City shall pay the fixed fee associated with each phase of
Services, in the amounts and at the times or milestones or Deliverables set forth . Consultant
shall not commence Services 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. $
2, $
3, $
c, ( ) Hourly Rate Arrangement
For performance of the Defined Services by Consultant as herein required, City shall pay
Consultant for the productive hours of time spent by Consultant in the performance of said
Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the
following terms and conditions:
(1) ( ) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in
excess of said Maximum 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.
21
J. ;;t 3~-
l Q - 3q
._~..--.- --~'---~"'--""-'~--------' .-.". .... ------,-,-------~-
Rate Schedule
Cateeory of Employee Hourly
of Consultant R$
Project Manager $75,00
GIS Consultant 75,00
Assistant Project Manager 60,00
GIS Analyst 50.00
CADD Technician/Drafter/DCA 40,00
GIS Technician 40.00
Information Specialist 40.00
Draftsperson 35.00
Clerical 25,00
Photo Lab Technician 35.00
Photogrammetric Technician 35,00
Photogrammetrist 40.00
CameralPlane/PilotlPhotographer 375.00
Project Professional Land Surveyor 62.00
Professional Land Surveyor 48.00
Survey Technician 38,00
Survey Party Chief 45.00
Two-person Crew.... 65.00
GPS Receiver (per unit per day) 125,00
Two-person Crew, OSHA Health & Safety Trained.... 75,00
Three-person Crew, OSHA Health & Safety Trained.... 110.00
Court Appearances and Depositions (per day) 750.00
Mileage (per mile) 0.35
Equipment and Materials (cost plus) + 15,0%
.. Subject to review every 90 days. Client will be notified in writing of any change.
.... Includes theodolite, electronic measuring equipment, level and other customary
equipment used daily by survey crews,
( ) 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,
- 22
J.:). - :)(.0
\0-"40
Cost or Rate
( ) Reports, not to exceed $ :
( ) Copies, not to exceed $ ·
·
( ) Travel, not to exceed $ ·
·
( ) Printing, not to exceed $ :
( ) Postage, not to exceed $ ·
·
( ) Delivery, not to exceed $ .
.
( ) Long Distance Telephone Charges,
not to exceed $ ·
( ) Other Actual Identifiable Direct Costs:
, not to exceed $ ·
·
, not to exceed $ ·
·
13. Contract Administrators:
City: Fred Wong
GIS Manager
276 Fourth A venue
Chula Vista, CA 91910
Consultant: Brian Raber
Project Manager
10855 E. Bethany Drive
Aurora, CO 80014
14, Liquidated Damages Rate:
(X) $ 100.00 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. I. 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.
23
µv 2 ,
10- loop
--.---.~---.--_.~--~.--..-.-"-~----_._-~-..-'-.--
( ) Category No, 4, Investments in business entities and sources of income
which engage in land development, construction or the acquisition or sale
of real property.
( ) Category No, 5. Investments in business entities and sources of income
of the type which, within the past two years, have contracted with the City
of Chula Vista (Redevelopment Agency) to provide services, supplies,
materials, machinery or equipment.
( ) Category No, 6. Investments in business entities and sources of income
of the type which, within the past two years, have contracted with the
designated employee's department to provide services, supplies, materials,
machinery or equipment.
( ) Category No.7. Business positions. (
( ) List "Consultant Associates· interests in real property within 2 radial miles of
Project Property, if any:
-------------------------------------------------------------
------------------------------------------------------------
------------------------------------------------------------
------------------------------------------------------------
· 16, ( ) Consultant is Real Estate Broker and/or Salesman
17, Permitted Subconsultants:
Hunsaker & Associates
Air Flight Services, Inc.
Photo Science, Inc,
18, Bill Processing:
· A. Consultant's Billing to be submitted for the following period of time:
( ) Monthly
( ) Quarterly
(X) Other: Based on Deliverables
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
·
24
~ '5~
I c- ~ 2-
,
( ) End of the Month
( ) Other:
C. City's Account Number:
19. Security for Perfonnance
(X) Perfonnance Bond, $ 572.128
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
(X) Retention, If this space is checked, then notwithstanding other provisions to the
contrary requiring the payment of compensation to the Consultant sooner, the
City shall be entitled to retain, at their option, either the following "Retention
Percentage" or "Retention Amount" until the City detennines that the Retention
Release Event, listed below, has occurred:
(X) Retention Percentage: 10%
( ) Retention Amount: $
Retention Release Event:
(X) Completion of AlI Consultant Services
( ) Other:
2S
y 3rì
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COUNCn. AGEJ\1>A STATEMEJ\'T
. .. .2'/
Item
(
Meeting Date 5/11/9.~
ITEM TITLE: Resolution 17095 Approving an Agreement with Environmental Systems
Research Institute, Inc. for acquisition, installation, training, and
maintenance of the City-wide Geof"aphic Information System.
SUB~nTTED BY: Director of Public Works", /1/<./
REVIEWED BY: City Manager' (¿,.. , (415ths Vote: Yes~o-Ã>
k'/)
On April 27, 1993 this item was presented to the City Council for approval and was at that time
postponed with Council direction for additional information on the payback and benefit/cost
experience of other cities that have implemented a Geographic Information System (GIS) and
for more information on the use of sewer funds to help fund the project.
Chula Vista's GIS project estimates the break-even point at the fifth year of operation, and the
positive payback accruing to a projected cumulative savings of $4.0 million over the first ten
year period; this is the difference at the end of ten years between the cumulative cost of
continuing 10 perform tasks manually versus using the GIS to automate the tasks.
These projections agree well with the experience of several other cities with GIS in various
phases of implementation, A phone survey of six cities with GIS regarding their payback and
benefit/cost savings reponed the following information. The six cities were the City of
Pleasanton, City of Ontario, City of Ulng Beach, City of Encinitas, City of Newpon Beach, and
the City of Tacoma.
· The Benefit/Cost Ratio ranged from 2: 1 to 4: 1; which is the identified sav~ngs due to the
GIS versus the cost of the GIS,
· Productivity increases ranged from 2:1 to 10:1; this ratio is generally the efficiency
difference due to automating a manual process (i.e. manual updating of maps requiring
one hour may only take twenty minutes using a GIS resulting in a ratio of 3:1).
· The breakeven or payback period ranged from 3.5 to 8 years; which is the time required
for the savings and benefits from the system to pay for the cost or investment of the
system.
· Average Rate ofRetum is 30%; which is the annual return of savings for the investment.
RECOMMEIII1>A TlON: That Council adopt the resolution approving an agreement in the
amount of $ 283,544.46 with the firm of Environmental Systems Research Institute, Inc, to
provide the hardware and software for the City-wide Geographic Information System, which
shall include installation. initial training, appropriate warranties and maintenance. and other
initial startup items.
dJI--t ~
. _._1 Q - '+~________.__~_m
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\ . )
'-
',. page2'lt~
... Meeting Date I I .
BOARDS/COJ\ll\fiSSIONS RECOJ\ll\Œ1'\'DATION: Not applicable.
DISCUSSION:
The GIS system is designed to provide services and perform functions in support of the various
areas of responsibilities of the City, and the funding sources allocated to the GIS project are
based on these projected support services, The 'two largest funding sources (which are listed
later in this report) are the Sewer Funds and the Public Facilities Development Impact Fee (DIF)
which account for 56% and 34% of the project funds respectively.
The GIS will support the sewer system by providing the sewer engineering staff with the
equipment and software necessary for the design of sewer replacement and sewer flow analyses,
and for the mapping and development of a sewer inventory system that will be extremely helpful
in having a proactive preventive maintenance program instead of constantly reacting to sewer
system problems. In anolher area of service, the GIS will support development activity by
providing zoning, parcel, easement, and other information in a faster and more timely manner.
The GIS can assist in identifying conflicts in zoning, land use, etc.; and also the mapping and
documentation of new streets and infrastructure will be more efficient as well, Several other
sewer and development related é¡IS activities have been identified in the attached Table of GIS
Applications.
In a traditiona] approach to the benefit/cost analysis, there are elements of the current and
proposed activities that can be quantified: the present cost of doing business is compared wilh
the estimated costs under the new method, and the benefits under each method of operation are.
compared, However, the characteristics of a GIS make it difficult to fit into the usual benefit
cost scenario. For example, there' are intangibles such as improved decision making and long-
term and widespread effects on staff and operations that do not fit conventional benefit cost
models, The new character of the products (a map with many layers replaces a single, manually
drawn map), the wide range of applications, and the discovery of new uses for the system once
it is operational are all positive, but they create new demands on systems and staff. These
intangibles and sometimes indirect characteristics are very difficult to quantify or model. Due
to these difficulties, most of the cities surveyed are using another method of doing a cost
analysis, which is to contrast the costs of providing a service manually with the costs of
providing the same service using a GIS.
Six cities were surveyed by phone regarding their GIS projects. Each city surveyed was in a
different stage of implementation and reponed varying savings and payback periods which
, appeared to be dependent on the size and scope of the GIS project (i.e. one or more departments
versus city-wide), and whether there were more utilities involved such as water, sewer, storm
drains, etc, which would receive many GIS benefits through infrastructure management. None
of the cities were able to provide information on the complete project cost because each
implementation was different and the project cost was difficult to identify. For example, at the
City of Long Beach, the purchase of equipment and software occurred over a period of many
years and the cost was shared with several other programs, or existing equipment and software
~ ~/O-SO
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I Paae 3, ItemÆ-
'-
.. Meetloa Date 5/]] /93
was upgraded adding the GIS as welJ as other functionality. In another case, the City of .
Tacoma, the land base development had been developed in a piecemea1 method in many separate
projects, However, all of the cities reponed positive gains in productivity, efficiency, and
effectiveness, and all reponed various tangible and intarigible benefits and savings. The reponed
savings were realized in different ways. In some cases, actua1 dolJars were saved by having GIS
peñorm services which would normally be contracted for; examples of such avoided services
may include production of special purpose maps for presentations and other uses, or special data
analysis by consultants: there were also revenue increases due to GIS applications; one such
reponed example was reponed by the City of Ontario, where the GIS was used to check the
census figures which revea1ed 651 houses missed by the census, and because every house that
was missed meant dolJars in revenues lost, the U.S. Census Bureau figures were corrected,
Since the census data is used to determine the proportion of funds allocated to the city by many
government programs, the city officials conservatively estimated the annual revenue gains from
including the uncounted houses to be from $164 to $310 per housing unit in the shon term, or
potentially more than $2 million over a IO-year period.
The savings from productivity increases, which are tangible but less direct, ranaed from 2: I to
10:1 depending on the learning curve or familiarity with the automated system and the
complexity of the task being peñormed, These types of productivity gains are typically realized
in reducing the back-log of wor., and in the delay or avoidance of future staff increases. Most
cities reponed that the productivity gain was a factor in having in-house staff peñorm more tasks
in order to reduce the dependency on contracted outside services; which then reduced the
expenditures for such outside services, AlJ have identified specific savings from functions and
applications using the GIS over the manual method; the benefit/cost ratios for a GIS were found
to range from 2:1 to 4:1 calculated over a time period of 10 years, and the average rate of
return for a GIS investment, taking only the tangibles into account, was 30 percent. MOSI have
reponed intangibJe benefits such as better interdepartmental cooperation and sharing of data on
the GIS system, and more accurate and consistent information to the public in a more responsive
and timely manner.
While cities that are fulJy developed are able to justify a GIS based on savings and benefits, in
comparison, the cities that are in a growth mode, such as Pleasanton, Ontario, and Encinitas,
generally reponed more specific savings and a faster projected payback period from GIS
applications. An example application is using the GIS to determine the proper parcels for an
assessment district to suppon the maintenance of facilities. The City of Pleasanton, currently
in its fourth' year of GIS operation, determined that its break-evenlpayback Point was reached
after 3.5 years based on its tracking of specific savinas from the GIS applications. Chula Vista
is also a city in the ¡rowth mode which is why the Table of GIS Applications reflects savings
in many areas, and especià1ly in development/growth related Jpplications. As Chula Vista
continues to grow and add new streets and infrastructure, significant savings will be realized by
automatin¡ the updating and mapping process on the GIS which is done once for all departments
versus the manual method where several different departments maintain and update different
scale base maps, Chula Vista also requires new subdivision maps to be submitted in computer
format for automated data entry into the GIS which eliminates the time and labor necessary to
manually update the maps; and the sooner this process is convened from the manual method to
the automated method, the sooner the benefits and savings wilJ be ¡ained by the City,
~ :t...l:). 1.;', \ 0-51
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'. ,
. -)
I '- Pa¡:e 4, Item .21
.. Meetin¡: Date !!/11/93
Three of the cities (Long Beach, Newport Beach, and Tacoma) implemented GIS primarily for
the productivity and efficiency gains due to GIS automation. Their engineering and utility
maintenance activities continued to increase as the infrastructure reached the end of its life-cyde,
which resulted in more and more replacement and major rehabilitation projects of the city streets
and infrastructure. These cities reported only the productivity increase ratios.
Çities Surveved
City of Pleasanton, CA : Reported payback in 3.5 years (cumntly in its 4th year of
operation). Three of the key initial applications developed (Landowner Notification, Fire
Runbook Updating, and Flood Insurance Requests) and the automation of the mapping function
has resulted in an average of $143,000 savings annually.
City of Ontario, CA : Reported various savings from GIS applications; for example, the
General Plan Map was done totally in-house this year whereas in previous years, outside GIS
support services were contracted. Instead, the Planning Department staff used the GIS to
prepare the updated map in a more timely manner and saved $60,000 as well. The city also
sells copies of the General Plan to the public for $12,50 each; in the past, the map included in
the General Plan document cost $10.50 to produce by an outside service facility, but the city
GIS now produces the same ,!,ap at a cost of $3.50 with the production cost difference
contributing to the GIS program to partially recover the cost of the database development. Also
reported are estimated revenue increases by correcting the census data as discussed before,
City of Long Beach, CA: GIS in EngineeringlU.tilities Department has reported productivity
and efficiency gains of 2: I to 10: 1 depending on the users familiarity with the system. The city
has several utilities and lhe GIS was implemented to support the increasing infrastructure
maintenance and replacement programs.
. City of Encinitas, CA : Has only been in operation a few years with only a few applications
on-line, These applications are already returning some savings but have not recovered the
investment cost, The radius search and notification process has reduced a 1.5 person day task
to approximately 20 minutes.
City of Newport Beach, CA: Implemented the GIS based on the utility needs and has reported
a benefit cost ratio of 2: 1 from the productivity increases, and also reported many intangible
benefits from GIS; one key reason for the GIS was to provide better service which the city feels
has been accomplished by the GIS.
City of Tacoma, W A : Has been slowly implementing the GIS over the last five years
. primarily for increased productivity gains in the Engineering Department, which has reported
increases ranging from 2: 1 to 5: 1. Recèntly, the Planning Department has begun to use the GIS
to perform growth management studies that are required of the city, but which could not be done
in-house without a GIS.
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Pa¡e 5, Item .J. 'I
.. .. Meetln¡ Date .5111/93
GIS Proip{"t Hi2hJiehts
· The GIS feasibility study was peñormed in 1987 by Plan Graphics, Inc. indicating a
payback period of four years based on tasks which may be performed by GIS and
assumptions of labor cost, growth, etc.
· The GIS project was approved as CIP #GG-I04 beginning in FY 91-92; CiP 4etail sheet
attached.
· The GIS will be pre-designed for city-wide use so that as each department comes on-line,
the system only needs to be expanded rather than replaced. The initial GIS system.will
be implemented for Planning and Public Works En¡ineering; other City departments
using the GIS in the future include Police for crime analyses and Fire for run-book
updating. Eventually all city departments ~iIl have access to the GIS.
· A GIS Steering Committee was formed to provide project direction and priority from a
city-wide perspective,
· A GIS Technical Committee of potential users representing various city departments was
established to participate 'in the project.
· The GIS project is comprised of two separate parallel projects:
(I) Acquisition of GIS system hardware and software.
- $285,000 for the initial GIS system (this Agreement).
- 268,000 for future expansion and connection to other City departments.
(2) Development of digital land-base map; this phase of the project will be
brought to Council in August 1993.
- $804,400 for updating of the City's contour and elevation data and
development of the digitallandbase maps including infrastructure such as
sewers, storm drains, street lights, etc.
· The project funding sources are: Public Facilities DIF for GIS $ 873,780
Sewer Fund .. 1,376,720 -
Gas Tax 60,000
Transportation DIF IS,ooo
SCOOT IS,ooo
Traffic Signal Fund IS,ooo
Redevelopment Agency 45.000
Total: $2,400,SOO
· The Project payback or brWc-even point is projected to be five years. This payback
calculation is based on the previous feasibility study using the updated project cost
information.
· Shon-term (years 2-5) savings are projected to be $430,600 annually.(based on specific
savings from identified applications listed in the attached GIS Table of Applications).
~~.
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'- Page 6, Item .). r
Meeting Date 5111/93
..
. Long-term (years 5-10) savings are proj~ted to be $628,100 annually (based on sp~ific
savings from identified applications listed in the attached GIS Table of Applications).
. A savings of $4,0 million is proj~ted over ten years; this is the difference at the end of
ten years between the cumulative cost of continuing to peñorm tasks manually versus
using the GIS to automate the tasks,
FISCAL IMPACT: Funds are budgeted and available in the FY 92/93 Capital Improvements
Program for the GIS Proj~t No, GG-I04. All of the funding sources are from non-General
Fund sourCes as identified in the CIP Detail Sheet for the GIS Project. The two major sources
are the Sewer Fund (56% of project funds), and the portion of the Public Facilities Development
Impact Fee (public Facilities DIF) which has been designated for the GIS Project (34 % of
proj~t funds). The remaining 10% of the proj~t funds are also from other non-General Fund
sources. -
Two of the major cost items of the overall GIS project as shown in the CIP Detail Sheet are:
the system equipment and software comprised of $285,000 for the initial GIS system (this
Agreement) and $268,000 for the future expansion of the system for other city departments (total
equipment and software is $553,POO), and $804,400 for the updating of the City's contour and
elevation data and development ·of the digitallandbase maps and database,
Attachment: Council Agenda Statement of April 27, 1993
Table of GIS Applications
CIP detail sheet for GG-I04, GIS Proj~t
Financial Disclosure Statement
FW: File NP.Q01 .
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IO-S'-I
Minute.
May 11, 1993
Page 15
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24. RESOLtmON 17095 APPROVING AN AGREEMENT WI'JH ENVIIlONMENI'AL 5'r:tl~
RESEAROi INS1TIUI'E, INC. PaR ACQUISIT10N,INSTALLA110N, 11tAINING. AND MAINl'ENANCE OP 11iE
C1Y-WIDE GEOGRAPHIC INPORMA110N SYS11!M, AND Al111iORlZING 11iE MAYOR TO EXEClTΠSAME -
The agreement is for the purchase and installation of equipment and software for the City-wide Geographic
Information System (GIS). The GIS is a key element in the City's continuing efforts to improve staff
efficiency and to provide better service to the citizens of Chula Vista. A GIS use. the latest computer
technology to combine graphic and !Ion-graphic data procesSin1 technique. for the creation of geographic
or land use information by integrating divene automated City ata files, including maps, The system will
give staff, managen, and l.0liCY maken the ability to use geography (individual parcel, plaMing area, City
block, etc.) as a common enominator for the review and impact analysis of data from a number of different
sources such as streets, easements, sewen, drainage systems, street trees, street lights, traffic signals, land
use/zoning, assessment districts, fire hydrants, etc. Staff recommends approval of the resolution. (Director
of Public Works) Continued from !he meeting of 4IZ11'13.
. Joesph W. Garcia, 484 5th Avenue, Chula Vista, CA, ezpre.sed concern that monies were being
bOlTowed from the sewer fund for the purchase of the GIS system. He questioned whether the .ewer fund
collections Were being ezpended for other than their intended purposes. The initial bid for ESRI did not tally
with the amount of money being spent for the entire system. He felt the agreement was tenuous as there
were escape clauses regarding performance.
Councilmember Moore stated 56% of the S2.4 million budget would corne from the sewer fund and
questioned whether it was a loan.
Clifford Swanson, City EngineerlDeputy Public Works Director, responded that it was not. The Sl.4 million
was justified on the basis of usage for the sewer system in tracking, putting it on the system, mapping, and
use.
Fred Wong, GIS Manager, stated the bulk of the funds were to capture the sewer system information.
. -' CUlTently the information was incomplete. In a follow·up project they would get aerial photography to pin
point manholes, elevations, etc.
Councilmember Fox stated there would be a cost savings ofS4 million OVer ten yean and a break-even point
in the fifth year. There would also be increased productivity and efficiency.
RESOLtmON 17095 OFFERED BY COUNcu.tEMBER FOX, readiDg of the tat was waived.
Mayor Nader noted there would be tremendous savings and questioned whether the special funds would be
reimbuned from the savings.
Mr. Swanson responded it was not so much a reimbunement as not having to spend money as fast. Staff
could also do their work more efficiently with better information available.
City Manager Goss stated he was not sure what would be required administratively but felt the savings could
be tracked. What was being described was a more efficient system and would be more of a cost avoidance
program.
Mayor Nader stated he was not convinced the sewer fund would realize over SO% of the savings. He
suggested that an allocation formula for savings be developed by which the fund was made whole through
the savings. He did not want an enormous sum upended to make it precise, if there was a ball park
estimate it was good enough. He did not want to be in a situation where funds were being taken from a
special fund for a special purpose IOd using it to subsidize a cost sa~ or new funds in some other area
at the expense of those paying the ~ciaJ fees, The point would be to unplement a policy of at leut good
faith reimbunement to the speci ù ds.
AMENDMENT TO M0110N: (NaderlFoX) direct staff to make a good faith estimate of allocation of saviD¡s
from Ibe GIS and to allocate those saviDp proporûoDateiy to the funds being UHCI to pay for the system.
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May 11, 1993
Page 16
- Mayor Nader meant the allocation of savings to the fund would make the fund whole either through
monetary reimbursement or reimbursement through higher service levels.
VOTE ON AMENDMENt': Ili'I'OUøotd un..n;mC)US)y,
VOTE ON RESOU1nON 17095: "'l""...d un.n;mously,
25. RESOLt.mON 17115 AtmiORIZlNG STAPPTO SUBMIT AREQUESTPOIlPUNDING TO 'I1iE AIR.
POwmON CONTROL DISTRlC1' POll ABr166 VEHlaE REGJS1'RA11ON I'D PUNDS - The Air Pollution
Control District (APCD) has requested proposals for funding projects that will help municipalities meet
Employer Trip Reduction regulations. The City is requesting funding for the development of an Air Quality
Improvement Program and the exploration of a satellite work center for public and private employen to
share. Staff recommends approval of the resolution. (Administration)
Mayor Nader stated there was a time sensitivity to the item and requested unanimous consent to consider
the item.
RESOLl1I10N 17115 OFFERED BY MAYOR NADER, reading of the rut was waived.
Councilmember Fox questioned when the decision would be made as to whether or not Chula Vista would
be designated as a model city.
Barbara Bamburg.., Environmental Resources Manger, responded she would meet with representatives on
Friday to discuss funding sources available. They were hesitant to go with the City of Chula Vista at this
point.
Councilmember Moore stated he had a problem with the development of a satellite work center due to the
- size of the city.
Ms. Bamburg.. stated the satellite work center was for private and public entities. The Univenity of
CAlDavis and Caltrans had a program where they would be placing satellite work centen throughout the
State and providing matching funds to pay for capital costs.
vom ON RESOLl1I10N 17115: approved unanimously.
26. REPORT 0iI.JLA VlSTAHUMAN SERVICES COUNCL - Council established the Chula
Vista Human Services Council (CVHSC) in 1988 in response to recommendations contained in the newly-
adopted Social Service Plan. The Mayor and Council appointed the directon of public and private human
services agencies as its memben, many of whom were not Chula Vista residents. Over the past four yean,
CVHSC has brought together agencies and resources to collectively address the City's most pressing human
services needs. Although not an official advisory body, the Council's activities are undertaken under the
auspices of the City and with Community Development Block Grant (CDBG) and other City funding. Some
of the programs initiated by the CVHSC may involve direct services to the public, which creates a liability
factor for the City. The larger issue is the role of the CVHSC and its relationship to the City. Staff
recommends Council accept the report and approve one of the resolutions. (Director of Community
Development) Ccmmll\ecI from the meetÌIII of 4/7:11'13.
A. RESOLl1I10N 17050 APPROVING AN AGREEMENTWI1H'I1iE 0iI.JLA VlSTAHUMANSEJlVICES
COUNCL (CYHSC) SET11NG OUT 'I1iE RElA11ONSH1P BElWEI!N 'I1iE CTY AND 'I1iE CVHSC; AND
TRANSFERRING 5900 PROM 'I1iE NORMAN PAIUC SENIOR CENTER TO 'I1iE SOlTni BAY PAMlLY YMCA
POR'I1iE CVHSC
or
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... COUNCil. AGENDA STATEMEJI.'T
.. Item ~~~
MeetiD& Date..JQ'""1m- ~ / III~
ITEM TITLE: Resolution /7¿ 1 ~PProving an Agreement with Environmental-
Systems Research Institute, Inc. for acquisition, installation, ttaining, and
maintenance of the City-wide Geographic Information System.
SUB1\llJ JJ:l) BY: Director of Public wo~
REVIEWED BY: City ManagerJ boo ~ \ (41Sths Vote: Yes~o-XJ
~
The Geographic Information System (GIS) is a multi-yw CIP project which was approved by
the City Council in Fiscal Yw 1991-92. The fust phase of this project included the analysis,
design, and specification for a city-wide GIS. This resulted in three documents which defined
the requirements for the integrated multi-departmental GIS system. The first document is the
Table of GIS Applications, which briefly outlines and describes the functional applications and
benefits from the implementation of a GIS system. This information was included in the
Memorandum to the City Council dated October 5, 1992 (see attached memo) which also
provided the status of the GIS Project. The second document is the Request For Proposals
(RFP) for a Geographic Information System, which specifies the requirements for Chula Vista's
city-wide GIS system. The third document is the RFP for Photo¡rammetry, Surveying and
Planimetric Mapping Services, which is for the development of the GIS di¡italland base.
As defined by the RFP for a Geographic Information System, this A¡reement is for the purchase
and installation of the GIS system which includes two GIS workstations, a serVer for the shared
¡raphic files and databases, networking equipment to 1in1c to the City's ·existing computer
network, and other peripheral hardware and software. A detailed itemization of the equipment
and software is listed in Appendix A and B of the Agreement. The Geographic Information
System is a key element in the City's continuing efforts to improve staff efficiency and to
provide better service to the citizens of Chula Vista. With the acquisition and implementation
of the GIS system, several of the highest priority applications will be developed, Among the
first applications will be the automation of the radius search process which is used for public
notifications. Also the GIS staff win immediately be¡in to develop. base map which may be
used by all city departments. Automation of both these two processes will increase efficiency
substantially over the repetitive and slow manual method; additionålly, the consistency of the
information to staff and the public is improv~ because the updated information is available to
everyone at the same time. Other GIS applications will be developed based on thelr priorities
and benefits as identified in the Table of GIS Applications.
RECOM1\ŒNDATION: That Council adopt the resolution approvin¡ an agreement in the
amount of $ 283,544.46 with the fum of Environmental Systems Research Institute, Inc. to
provide the hardware and software for the City-wide Geo¡raphic Information System, which
shall include installation, initial trainin¡, appropriate warranties and maintenance, and other
initial startup items. -~
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Meeting Date 4/27/93
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Backfround
The Chula Vista Geographic Infonnaûon System (GIS) program has from its incepûon had three
¡oals: (I) to provide an efficient and effective automated method to update and maintain
infonnaûon on the City's infrastructure. (2) to provide spaûa1 analysis capabilities, and (3) to
. do so by establishing an in-house GIS service bureau. A detailed study of city funcûons which
may be implemented on the GIS (see Table of GIS Applicaûons) has determined that the
potential savings from the GIS project are esûmated to be $430.600 annually by the end of the
second year of operation; and as more applications are developed along with more users
accessing the GIS system. the esûmated savings will increase to approximately $628.100
annually after the fifth year of operaûon,
The flJ'st goal is due to the City's growth in populaûon and area, which has also significantly
increased the amounl of infrastructure maintained by the City, and while the past manual method
of filing and retrieval of maps and other infonnation on paper had been adequate, it is no longer
able to maintain the massive amounts of infonnaûon on parcels, sewer mains, stonn drains,
traffic signals, street lights, easements, etc,; or more importantly, to retrieve the infonnaûon in
a timely manner, In a recenl emergency where a person was trapped in the stonn drainage
system, the City was fortunate to have a few members of its staff available who could recall
from memory how thaI section of mains was built and where the inlets and outlets were located,
As these experienced and knowledgeable staff members retire, or had they not been available,
the retrieval of that infonnaûon from various maps and paper files would have been very time
consuming. This is the case in the newer parts of the City where the streets and infrastructure
has been built by developers; the infonnation retrieval will be time consuming and inadequate
in an emergency situaûon. Maintenance of this information on the GIS system will ensure that
the informaûon is ICCtssible in as timely a manner as possible.
The second goal gives new spatial analysis capabilities, which is due to the technology of GIS.
These are capabilities which the City has not used extensively, but are becoming more and more
important. This capability to map not only the infrastructure or zoning codes, but to map other
types of infonnaûon such as census and population density, soU conditions and habitats, etc.
allows for the analysis of potential conflicts and impacts whether to a particular parcel or to the
environment. Other special maps can be produced such as a map showing available industrial
areas with an òverlay of housing availability for employees for a potenûa1 industrial business,
or for a potential retail business, a map showing commerciallretail areas and an overlay of
census infonnation of the surrounding area displaying potential customers. As an aid to public
safèty, it can map crime types and other crime statistics,
The third goal of the GIS program will eStablish an in-house service bureau to develop
applications, develop and maintain the map base and related databases, and provide services to
all city departments. To provide timely information to the city staff and the public, the GIS
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Meetin& Date 4/27/93
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system information will be accessible through the City-wide network on distributed
microcomputers, including the ones at the Public Works and Planning counters. The Agreement
with Environmental Systems RestarCh Institute, Inc. (ESRI) is to purchase the equipment and
software necessary to éstablish the GIS service bureau. The A¡reement I1so includes the initial
installation of the equipment. software, and network/wiring to the City-wide network; malång
the vendor totally responsible for turning over a completed system to the City.
A Geographic Information System (GIS) uses the latest computer technology to combine graphic
and non-graphic data processing techniques for the cre.ation of geographic or land use
information by integrating diverse automated City data flies, including maps. 'Ibis system will
give staff, managers, and policy makers the ability to use geography (individual parcel, planning
area, city block. etc.) as a cominon denominator for the review and analysis of data from a
number of different sources that may cross departmental lines, such as streets, sewers, drainage
systems, street trees, street lights, traffic signals. zoning. assessment districts, fire hydrants, etc.
The information can then be retrieved in graphic form. This is a more efficient and accurate
system for obtaining information on one or more parcels of land as it may relate to project
construction. city operations, land use determinations or future planning. Such integration of
maps (graphic) and geo-data (non-graphic) which is currently stored and handled separately,
allows maps and related data to be shared more effectively. and to produce coordinated maps,
drawings, tables, and textual reports to meet the specific geographic needs of the different
departments,
The business of local government is ultimately to provide services to residents and businesses
within its boundaries. To do this, most local government policy malcing, planning, and
operations depend on accurate, location-based information. Local governments have long
created and maintained maps for essential functions such as defming parcel boundaries,
maintaining the public rights of way, maintaining sewer services, etc. '!be growth of population
and the physical infrastructure, the increasing responsibilities assumed by cities. and the sheer
amount of data created and collected, have greatly added to the information requirements. For
many city departments, the sharing and updating of maps and data is a time-consuming and
labor-intensive process. Many cities are now using GIS to help mana¡e their geographic and
spatial information more efficiently. A GIS not only enables information to be tied to
geography. but to link the diverse business functions of government using a common factor. the
physical location of an activity.
Many local governments that have implemented a GIS have reported productivity increases of
2 to 10 fold during the life of the GIS. For example. map quality and drafting would be
significantly improved by the use of the computer aided design functions of the GIS system.
The sharing of maps and geo-related data between departments would not only reduce the
tendency for individuals tobep and maintain redundant maps and ""~baRS, b~t it would also
result in greater efficiency. accuracy. and consistency in the use 'and dissemination of
information by staff. One of the ~or benefits of GIS comes from the labor IavinlS in
developing maps and other design drawings. and in file compilation and maintenince; such costs
would grow steadily if the current manual methods were to continue. Such productivity and
efficiency increases are generally reflected in reducing a backlog of work. and in avoidance of
future staff increases. Some of the benefits includes:
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· Ability 10 access a variety of differeDt iDformatiOD _ (,4otol..._~), &11II10 mow the related iDformatiOD
Ihrou¡h a 1in¡le system,
· 1Dc:reued aocuracy aDd availability of a ØOIIIIDOII base IIIIp for use by _y departmelllI;' Iherefore
rechlllclant sell of base maps kept by differeøt depattmeDlI are .oIÒ_;no....I. .
· Av.uability of Dew. better, aDd more timely iDformatiOD for a more iDformed. more timely decisioD'
makiD¡.
· Ability 10 ÍDvesti¡ate ÍDc:reued Dumber of aI_tive¡.
· JledUCtiOD or elimiDati"'D of reclllllcIaDI activities ......_H,,;,,¡ opentiODS. .VÍD¡_y aDd iliff time.
· Jlapid. aharecI_ 10 more eIata. comprebeDSive iDformatiOD uaJylÍl. aDd reportÌD¡ capahilitie¡ improve
reapoDSiVeDeSS (i.e. respODSeS 10 queries are quicker. more accunIe, &11II more amållellt).
· IDter-departmelltal COIDIDllDÍcatiODl are improved,
· Possible Dew reveD\Ie lOurce Ihrou¡h the ale of iDformatiOD, map procIlICII, &11II DeW services,
· Improved resource CODtrol, use! UtilizatiOD, &11II or¡&DizatiODal plaDDiD¡ &11II ßwbility.
Recognizing thaI many of the above benefits would be in the beSI interest of the City, and that
a GIS would aiso be very useful in managing the growth of the City, a three-year CIP project
for establishing a GIS was approved to begin in FY 91-92 (see attached CIP Detail Sheet).
Severa! funding sources were identified for the CIP including the establishment of a GIS
developmental impact fee (DIF) as part of the Public Facilities DIF. The funding sources are:
Public Facilitie¡ DIF for eils
Sewer Flllld
Gas Tu
TI'&DS >On&tioD DIF
SCOOT
Traffic Sienal Flllld
RedevelopmeDI A¡eDcy
In addition to the GIS DIF, severa! other steps were taken to suppon the GIS project; for
example, developers were required to additionaily submit new development drawings in digital
(computer) format, a GIS Technica1 Committee was established with representatives from seven
departments, and a GIS Steering Committee was formed to provide policy and direction for the
city-wide GIS project. The Steering Committee members are: Jim Thomson, Deputy City
Manager; Raben Leiter, Director of Planning; John Lippitt, Director of Public Works; Cliff
Swanson, Deputy Director of Public Works/City Engineer; Louie Vignapîano, Director of
Management & Information Services; and Fred Wong, GIS Manager, Public Works.
Upon implementation of the. GIS system, several of the highest priority applications will be
developed. Among the first applications will be the automation of the radius search process
which is used for public notifications. This is currently a manual process requiring from severa!
hours to a day or more of staff time (dependiilg on the number of parcels involved) to generate
a mailing list of propeny owners for notification. The GIS system will produce the notification
list in a matter 'of minutes, and therefore increase efficiency substantially. Also the GIS staff
will immediately begin to develop a base map which may be used by all city departments.
Currently under the manual method, several base maps of various scales (for different uses) must
be maintained and updated individually with the same new information. For example, when a
new street is built, a new subdivision is developed, or when parcel information is changed, each
of the base maps (200' - I· in Public Works, 400' -1· in PIannin¡, 800' -1· in Community
Development, etc,) must be updatecs with the same information. By automating this process on
the GIS, only one computerized base map will be updated, then base maps of any scale may be
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Meetinl Date 4/27/93
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¡enerated for any use by the computerized system, Since many developers, engineering design
finns, IS well as the City's Engineering Design section are using' computerized systems to
perform their engineerin¡ design and final map work, the GIS Will be able to take advantage of
the new information updates submitted in computer format by reading in the information
directly, and consequently, eliminating the potentia] enors from manually copying and drawing
in the new information, and eliminate the time and labor necessary to manually update the maps.
This again increases efficiency, and additionally, the consistency of the information is improved
because the updated information is available to evezyone at the same time; whereas with several
different sca1e base maps being updated at different times by different depanments, it is
conceivable that the information available to staff and the public may differ depending on which
base map is being used. This inconsistency of available information may be avoided by
everyone sharing the same computerized base map, which can generate any sca1e map to meet
the needs of each department. Continued development of other GIS applications will be based
on their priorities and benefits as idenûfied in the Table of GIS Applications.
ParaJlel to the applications development will be the land base development project based on the
RFP for Photogrammetry, Surveying and Planimetric Services. This Will update the City's
contour and elevation data, and develop the GIS digitaJ land base maps and databases. This
photogrammetry project will be submitted for Council approval in the near future in a separate
agreement.
S"I'~lian Process .
The fonowing information is a summary of the RFP and selection process, which resulted in the
selection of EnvironmentaJ Systems Research Institute, Inc. (ESRI) to provide and instaJl the
city-wide GIS system hardware and software.
On lune 22. 1992 staff issued a comprehensive request for proposals for a city-wide GIS system
including hardware and software. The availability of the RFP was advenised in GIS trade
joumaJs and was a]so advertised in a local newspaper for five days. Fony two copies of the
RFP were requested and sent to potential vendors. A Pre-proposal Conference for GIS vendors
was held on luly 20, 1992 with the proposal due date of August 17, 1992. On August 7, a local
vendor requested a four week extension of the due date from August 17 to September 14, 1992.
The extension was granted and aJI potential vendors were notified of the change. The following
ten proposals were received in response to the City's RFP.
· Data General S 62,858
· Di¡itaJ Equipment Corp. 66,699
· Alpha Associates 74,468
· Hansen Information Technologies 168,000
· Victory SystemsfCRW . 233,450
GenasyslIBM 242,633
EnvironmentaJ Systems Research Institute (ESRI) . 295,731
Inter¡ra.ph Corp. 296,904
· Integrated Systems Ana]ysts, Inc. 301,773
Computervision 613,820
· INIi_" .1tÞIWUpØJUi.. øbmlrrtll
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.. Meeting Date 4/27/93
The Selection Committee was comprised of the following City staff and one member from
SANDAG: Louie Vignapiano, Director of Management and Information Services; Dave Byers,
. Deputy Director Public Works/Operations; Roger Daoust, Senior Civil Engineer; Duane Bazzel,
Senior Planner; Roberto Saucedo, Senior Civil Engineer; Nancy Ross, GIS Specialist; Fred
Wong, GIS Manager¡ and Robert Parrott, Director of Research, SANDAG.
The GIS Selection Committee evalu..ied and rated a11 of the proposals based on the pre-
established criteria listed in the RFP, which included: ability to fulfill the City's technical .
objectives, company/team stability, references and experience, knowledge of local government
and city applications, quality of implementation and on-going support, cost, and general
responsiveness to the RFP. A copy of the evaluation matrix form is attached. The evaluation
resulted in four proposals being selected to the short-list for further consideration. The four
short-listed proposals were from the following fums: Computervision, Environmental Systems
Rese.1l'ch Institute, GenasyslIBM, and Intergraph COIp.
The remaining six proposals were eliminated from further consideration for the following
reasons, Data General and Digital Equipment COIp. were eliminated because they were non-
responsive partial proposals that did not address the GIS software requirements, and only
proposed computer hardware with no information on how to select or size the computer
hardware for whatever GIS may be select~. Hansen Information Technologies' proposal was
. non-responsive because it did not propose a GIS system, but was instead proposing various add-
on packages for infrastructure management activities. The Alpha Associates, Victory
SystemslCRW, and Integrated Systems Analysts (lSA) proposals were eliminated because their
proposed systems did not meet the functional or technical' requirements in the RFP, the
conceptual solutions were not well thoughl out, and for ISA's proposed concept, the City would
need to change from IBM compatible microcomputers to Apple based microcomputers, which
would be very expensive to do and would not be as functional as mM-c:ompatible micro-
computers because of the relative lack of business and engineering software available to Apple
computers.
Each of the four short-listed firms was then evaluated based on a detailed and extensive
benchmark test, which is an actual demonstration of the proposed system using a sample set of
the City's data to verify that the proposed system will perform as required. Some of the criteria
used to evaluate the benchmark peñonnance test are: ability and ease of interfacing with other
systems and software packages, response times for database and graphics inquiry, database
management capabilities, infrastructure modeling ca~ility, linking and data-sharing with
microcomputers and networks, etc. Based on the proposal evaluation and the benchmark test,
the GIS Selection Committee has selected the system proposed by Environmental Systems
R.esearch Institute, Inc. (ESRI) as the one that best meets the. requirements of the City. In
particular, the GIS system proposed by ESRI meets the functional and technical requirements.
of the City and peñormed well during the benchmark test, is extremely compatible and easy to
integrate with the City's existing computer systems/network, has an excellent training program,
provides very good support and assistance, is very price competitive, has good experience in
specialiwl municipal systems, and has a strong local presence in that their system is used by
several local agencies such as the City and County of San Diego, SANDAG, City of Encinitas,
and others. One of the benefits to having other local aaencies using the same GIS system is that
by working together and sharing the development of similar applications, the time and effort
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Meeting Date 4/27/93
involved is reduced, and because the applications are then available sooner, the savings or
benefits from those applications are received sooner. As mentioned earlier the ESRI system
allows easy integration with the City's existing computer network, and in fact, makes use of
existing microcomputers to process GIS data. 1bis means that as more users access the GIS
system, the computing power of the microcomputer is used instead of the main GIS server anèi
that costly upgrades to the main system due to additional users are minimized. This is an
important capability which none of the other three short-listed proposed systems have.
The other three proposed systems that had been short-listed were ranked in the following order:
rated second is GenasyslIBM, third is Intergraph, and fourth is Computervision. The
GenasyslIBM solution is good, but was limited in several areas such as providing engineering
functions or integration with other engineering systems. The conceptual design does not
maximize the use of existing City microcomputers very well and would be more difficult to
integrate into existing City systems. The Genasys system uses the miCrocomputers as a terminal
into the main system to peñorm all the computing work instead of using the microcomputer's
capability to do the computing work. This means that as the system is accessed by more users,
the main system's hardware and software (servers, etc.) will require substantial upgrading. The
Intergraph system is a good system but is also a proprietary system in that the Intergraph
software requires Intergraph hardware (computer) to run on, and additionally, this system is
relatively more difficult to integrate with existing City systems, The Intergraph system will be
. significant1y more expensive in the future as the system expands because -additional Intergraph
workstations wiIJ be required in order for more City staff to access the system. The
Computervision system, which from the proposal appeared to be a good system, peñormed very
poorly during the benchmarks and failed to demonstrate the functional requirements.
The attached Agreement with ESRI includes the GIS hardware and software, installation of the
system, training for City staff to operate the system, initial warranty and first year maintenance,
sales tax, and an option to purchase a multi-year maintenance contract after the initial twelve
(12) month period. The Agreement amount of $283,544.46 represents a significant savings over
the original proposal price of $295,73] due to a large discount on the overall system negotiated
by the City, Other negotiated items include: (]) enhancements to the system such as higher
peñormance workstations than originally ProPosed, (2) two major software modules, Crime
Analysis and Redistricting, are included at no cost, and (3) a special two day seminar customized
for City staff. The. City of Chula Vista has not contracted with ESRI for any other services in
the past.
mCAL IMPACT: Funds are budgeted and available in the FY 92/93 Capital Improvements
Program for the GIS Project No. GG-]04. AU of the funding sources are from non-General
Fund sources as idenûfied in the CIP Detail Sheet for the GIS Project. The two major sources
are the Sewer Fund (56% of project funds), and the portion of the Public Facilities Development
Impact Fee (public Facilities DIF) which has been designated for the GIS Project (34 % of
project funds). The remaining ]0% of the project funds are also frõm other non-General Fund
sources.
Two of the major cost items of the overall GIS project as shown in the CIP Detail Sheet are:
the system equipment and software compri~f $285,000 for the initial GIS system (this
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Agreement) and 5268,000 for the future expansion of the system for other city departments (total
equipment and software is 5553,000), and 5804,400 for the updating of the City's contour and
elevation data and development of the digitallandbase maps and database:
Attachment: Memorandum to City Council dated October S, 1992 with Table of GIS
Applications
CIP detail sheet for GG-I04, GIS Project
EvaJuation Form used for GIS System evaJuation and selection
FinanciaJ Disclosure Statement
FW: File ¡"'P-OOl
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Minutes
April 27, 1993
Page 5
The amendment provides for payment of certain project costs by the City pending reimbunement by the
Department of Water Resources. Staff recommends approval of the resolution. (Director of Public Works)
15. RESOun10N 17095 APPROVING AN AGREEMENT WITH ENYIRONMI!Nl'AL SYSTEMS
RESEARæ INS1TIUI"E, INC. paR ACQUISI110N, IN5rALLATtON, TRAINING, AND MAINl'ENANCE OP 1HE
aIY-WIDE GEOGRAPHIC INPORMATtON SYSTEM, AND AImfORIZING 1HE MAYOR TO EXEClTI'E SAME-
The agreement is for the purchase and installation of equipment and software for the City-wide Geographic
Information System (GIS). The GIS is a key element in the City's continuing efforts to improve staff
efficiency and to provide bener service to the citizens of Chula Vista. A GIS uses the latest computer
technology to combine graphic and non-graphic data processing techniques for the creation of geographic
or land use information by integrating diverse automated City data files, including maps. The system will
give staff, managers, and policy makers the ability to use geography (individual parcel, planning area, City
block, etc.) as a common denominator for the review and impact analysis of data from a number of different
sources such as streets, easernents, sewers, drainage systems, street trees, street lights, traffic signals, land
use/zoning, assessment districts, fire hydrants, etc. Staff recommends approval of the resolution. (Director
of Public Works) Pulled from !he Consent Calendar,
. Joseph W. Garcia, 484 Fifth Avenue, Chula Vista, CA, expressed his concern over the use of sewer
funds to operate the City. The GIS program was expensive, it took a lot of time to get the program up and
running, and updates would have to be purchased in the future. He questioned what other cities cWTently
had a GIS system and questioned whether the cities had been able to recover their costs.
Fred Wong, GIS Manager, responded the City of San Diego, County of San Diego, and Encinitas had GIS
programs. The City and County of San Diego had their system for five or more years and the City of
Encinitas had their program two to three years. The City of Encinitas had started to realize some of their
gains in the map making process due to efficiency. He did not have the information on the City and County
of San Diego.
Clifford Swanson, City Engineer/Deputy Public Works Director, stated a report had been done several years
ago which determined that the net cost would be less once it was in and would give better information.
Councilman Moore stated he would have appreciated it if Mr. Garcia had presented his questions to staff
so they could have had appropriate time to respond. Mr. Garcia's concern was use of sewer funds and that
had been referred to staff. He felt it was time to move forward.
Councilman Rindone stated a special worksession had been held for the item and the Council had
determined there was a need for the system. It was time to go on line as a system was needed that provided
data and was responsive to the needs of the City.
Councilman Pox agreed the City needed to move forward. The lowest responsive proposal was not chosen
and he questioned whether the upgrading of that system would have been in excess of $53,000.
Mr. Wong responded the information on the bids did not compare well and all companies did not propose
the same items. In the case of the bid Councilman Fox referred to, they did not propose several major items
of equipment and staff felt it would have added over $53,000 to their bid price.
Mayor Nader stated the cost continued to nag him due to the overall budget picture. He questioned whether
Encinitas had recovered their costs and were now making a profit. He questioned how long it would take
before the City's investment in the system was recovered.
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Minutes
April 27, 1993
Page 6
Mr. Wong responded they had not yet recovered all their initial investment but were starting to see initial
gains from efficiency.
Mr. Swanson stated an estimate was included in the consultants report which stated th~ project break even
point would occur in approximately five years.
Mayor Nadel stated the low bidder was not chosen and questioned the bid from Hansen Information
Technologies which was deemed to be non·responsive due to add-on packages versus a GIS system. He
questioned whether the City could look at add· on packages as an alternative.
Mr. Wong stated the add·on packages required a GIS system initially. He felt they submitted their proposal
for add·ons as a marketing too\.
Mayor Nader stated that if the system took less time to do the functions it would also mean there would be
fewer personnel required to do the work.
Mr. Swanson stated that was correct and the department would be able to get to the jobs they had been
unable to get to.
Mayor Nader questioned where Environmental Systems Research Institute and Genesis IBM were based.
Mr. Wong responded that Environmental Systems Research Institute was based in Redlands and Genesis was
based in Fort Collins, Colorado.
Mayor Nader stated it was a huge appropriation and he was inclined to get more historical information
regarding pay back experience. He recommended the item be continued one week.
Councilman Rindone stated he would support the continuance and that an item of major consequence
should be placed under "Action Items" on the agenda.
Councilman Moore requested that staff also review the past report and highlight the following areas: savings,
break even year, etc.
MSUC (NaderlRindone) to continue the item for two weeks and direct staff to come back with a report
indicating historic e:q>erience in savings and renun on investment in other jurisdictions that haft ezperience
with GIS systems and provide a bullet form report of the key points and higblights of the various reports
on the item over time.
16.A. RESOLlTT10N 17096 RE-APPROVING TIlE FINAL MAP AND SUBDMSION IMPROVEMENT
AGREEMENT AND AlTI1iORIZlNG TIlE MAYOR TO SIGN TIlE MAP AND EXEa1I'E SAID AGREEMENT POR
TRACT 93-Ð1, RANOiO DEL REV COMMERCIAL CENTER EAST - On 3/2/93, Council approved the Final
Map and Subdivision Improvement Agreement for Tracts 92-05 and 93-01. The maps were approved with
the code provision that bonds would be provided within sixty days or the approval would automatically be
voided. The bonds have been provided for Tract 92-05 but not for Tract 93-01. The developer has requested
an extension of time to provide the bonds for Tract 93-01. It can be accomplished by approving the Final
Map again under the same sixty day provision as previously approved. Staff recommends approval of the
resolutions. (Director of Public Works)
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. .. October 5, 1992
File' NP-OOl
ro: Hœo~k~y~Mda~~~
VIA: John Goss, Ci~ Manaaer ø
FROM: John Uppitt, Director of Public W~1a ~ - .
StJB1ECT: Status of OIS Project
The pUlpOse of this memo is 10 provide M update on the status of &he OIS project, Md 10
address . the issue of 01S applications Md benefits, which was nisecl durin¡ the GIS
demonstration 10 Council on February 27, 1992.
BGCk'fOuNl
The OIS is a tool which can benefit many dcpanments in many ways. The benefits of usin¡ OJS
10 perform the functions and applications in EMibit 1 - ·Table of GIS Applicatiœs· are of two
types, qualitative and quantitative. Qualitative benefits include improvements in the ,eo-data
products themselves and the additional analysis capabilities made possible with &lllOmatiœ. For
. example, map quality and drVtin¡ would be si¡nificantJy improved by the use of the computer
aided desi¡n functions of the 01S system. The sharin, or maps and ,~rclated data between
dcpanments would not only reduce' the lendency for individuals to keep Md maintain redundant
maps and databases, but it would also result in areater efficiency, accuracy, and consislency in .
the use and disseminatiœ of infonnatiœ by staff. . Quantitative benefits include savin¡s due 10
increased efficiency and from elimination of redundant map and datalSasc maintenance. One of
the major quantitative benefits of OIS comes from the labor savin¡s in dcvclopin¡ maps and
other desi¡n drav.'Ìn¡s, and in file compilation and maintenance; such costs would ¡row steadily
if the current manual methods were 10 continue. Productivi~ increases can Jan¡e from 2 10 10
foId durin¡ the life of the GIS. Such productivity and efficiency inc:rases are pIICrally reflected
in reducin¡ a backlo¡ of w~k. Md in avoidance of future Itaff iDc:reucs.
Jteco¡nizin¡ that many of the above benefits would be in Ihe best Ùlte:rest of the City, and that
a GIS would also be very useful ÙlIIWII¡in¡ the ¡rowth of the City, a feasibility study was
performed by PJan¡JÇhics Inc. Ùl19B7, which iøc1uded a costlbeneftt analysis and a ,encral
implementation pIan. The costlbcnefit analysis illcliœted Cbat a ens for the Ci~ of ChuIa Vista
was feasible Md thatllle project brabYea poiDt would occur ÙI ç......Jmate1y ft~ JIUI. The
cost avinas Ùlclude Ùlcrwes ÙI efficieDcy and capabili~ whicb results in iDc:reued productivity.
In 1991, a three-ye.ar CIP project f~ cstablishin¡ a GIS was approved 10 be¡in in FY 91-92 (see
the attached GO-I04 project cIeWI sheet from the CIP document).
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Several funding sources, were identified for the CIP ÙICluding the establishment of a GIS .
developmental impact fee (DIF) IS part of the Public Facilities DIF. None of the funding
sources are from the City's General Funds;
The funding sources are: Public Facilities DIF for GIS $ 873,783
Sewer Fund 1.376,718
Gas Tu 60,000
Transponation DIF 15,000
SCOOT 15,000
Traffic Si¡n&1 Fund 15.000
Redevelopment A¡ency 45.000
The IOtal CIP budget for the GIS project is $2,400,501. 1be first ~or components of tlûs
budget is $553,000 for the system hardware and software, and 10 provide ICCrSS on PCs for
approximately 50 users. The second rmjor component is $804,400 for the development of both
the updated digital base maps of the City including the -sphere of influence" area, and for
autormting the City's facilities and infrastructure database, The third rmjor component of the
budget is $803,201 for the General Administrative cost of the project which includes aU of the
s!aff cost and the openting budget.
The funds for the third major component (General Admin,) are based on the FuU Cost Recovery
(FCR) factor, and are transferred into the City's General Fund IS reimbursement for the GIS
staff and for other City s!aff time spent on the GIS project.
A GIS Technica! Committee was established 10 provide project input from representatives of
several depa.nments, and a GIS Steering Committee was formed 10 provide policy and direction
for the city-wide GIS project. The Steering Committee members are: Jim Thomson, Deputy
City Manager, Robert Leiter, Director of Planning, John Lippitt, Director of Public Works,
Cliff Swanson, Deputy Director of Public WorlcslCity Engineer, Louie Vignapiano, Director of
Management &. Information Services, and Fred Wong, GIS Mana¡er, Public Works,
Cumlll ProjlCl SlDJus
The overall GIS project consists of two panUel trICking projects, the lCquisition and
implementation of the GIS system hardware and software (first ~or component), and the
development of. digital base map and database (second ~or component) lor use by all City
departments.
The ament project status is that . comprehensive RFP lor a city-wide GIS system (hardware
and software) has been developed and was issued 011 JUDe 22, 1992. The proposal schedule
included a Pre-proposal Conference lor vendors 011 July 20. 1992 with the proposal due elate
scheduled for August 17, 1992. However. 011 August 7 (six working days prior to the scheduled
due date), a local vendor, Integnted Systems Analyst (ISA), requested a four week extension
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of the due date from AU.IJst 1710 September 14, 1992. ISA ÌÍldicat.ed their linûted staffll!¡
ftsourcies as the reason for needin¡ more proposal ¡nparation time. Althou¡h the ori¡inal
proposal period from June 22 10 Auaust 17, 1992 was lenerclUS at . weeks (the typiea] GIS
proposaJ period is .encn11y .. weeks), the City, in bcin. desirous of providin.local vendors
. ~cr¡ opponunity 10 panicipate, decided 10 IJWIt ISA'I request to extend the proposal due date
. another 4 weeks from Au¡ust 1710 September 14, 1992; IlleS im.......i.'-11 DOCifted everyone who
!lad a copy of the RfP of the chan¡e 10 the ...~ due dùe.
A thorouah evaluation procesIwhich øot only iDc1uda an evaluatiOll or the proposals, but also
tatin¡ and verificatiC':l of the proposed system, is planned for September and ~~. All ot
the proposals subniiued will be evaluated and ranked, and the lop three or four proposals that
meet the requirements of the City shall be 011 the -shon-list- for the IIGt step of the evaluation
process, which is the forma) interview and a benchmark demonstœiOll of a functionin. system .
IimiJar to the proposed system for the City. The lClection of the best system for the City shall
be based on the evaJuation of the proposals, the interviews, and the benchmark verification of
the proposed systems. A contraCt for the tdected GIS system is tentatively scheduled 10 be
brou¡ht to Council for award on Tuesday, November 24,1992. This contract is expected to be
in the order of 5400,000 for the initial GIS IYstem bardwue and software.
The status on the parallel project for the development of a GIS base map and database is that
a detailed specification and RFP is currently beina developed and is planned 10 be completed and
issued in mid October, 1992 with a due d& in mid November, 1992. Proposal evaluation,
interviews, and selection will occur durina December, 1992 and early January, 1993. It is
expected that a contract for this base map and database conversion work will be brouaht to
Council in late January, 1993,. This schedule would be timely for the aeriaI photo¡rammeuy
fli¡ht window in february-March, which is when the sun an¡le is best for the aerial
photo¡rammeuy/aerial data collection work that isnec:essary as part of the base map conversion
process. It will also provide the preparatory time to set up the GPS (Global Positionina System)
control points rC4uired for the aerial photoarammelry work. The contract for this base map and
data conversion is expected to be approximately 5800,000 over two or three years.
GIS ApplicDliDns eM Btnt/ils
Durin¡ the GIS demonstration 10 Council 011 FebnI&IJ 27, 1992, 101M questions were raised
ftaardin. the GIS applications, their benefits, and the priority for development of the
applications. The work plan for the applications development is the list of applications in the
. . attached. ·Table of 015 Applications·. '!be table is in çplications priority order, and contains
a brief description of the application, which departments use it, identification of the benefits, and
where possible, the benefits have been quantified. The list of applications and benefits was
developed from staff infonnalÍon from all of the potential user departments. 1be applications
aenerally lIave benefits which are 1IJI&1111e and benefits which &1'1 intan¡ib1e. 1be 1IJI&1111e
benefits, such as time lived due 10 automatiOll venus the manual procaI, have been quantified
. into dollar llvinas per year. The intan¡ib1e benefits, 'such u bavin¡ lOON' 10 timely
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information and consistency of information used by all staff'¡. which translate into better service
to the public, are noted in the descriptions.
The priorities of the GIS applications to be developed have been determined by IeVer'I1 factors. .
Some of these factors are: the priorities recommended by the department users, whether the
application is to support a critic:al or mandated fwlc:tion (i.e. NPDES lepot'lin¡), the availability
and case of conversion of the data required for the application, and the benefits and savin¡s of
the application. The work pJar. to develop all of these applications will cake ~ years, and
in some c:ases will depend on the pro¡rus of the base map and database conversion. Therefore,
the work plan and priorities are flexible, and applications may be added and/or priorities may
chan¡e dependin¡ on chan¡ing requirements, etc.
The work plan (Exhibit 1 - .Table. of GIS Applications) for the development of the user
applications includes a shon term savin¡s projection and a long term savin¡s projection, Durin¡
the rlJ'St two years of operation, which is the sbon term period, the GIS applications listed in
the Table of Applications will be incrementally developed with approximately 12 users having
ac:c:ess to the GIS system dUM¡ the first year; the Dumber of users will increase to
appro~imately 20 users durin¡ the second year. By the end of the second year of operation, it
is estimated that the annual savin¡s will be approximately 5430,000 per year. The lon¡ term
savings projection is based on the shon term projection with inc:reasing users and activity during
the third, founh, and fifth years of operation. By the end of the fifth year of operation, the
number of users with ac:c:ess to GIS will have increased to about 50, and the estimated annual
savings will be approximately $628,000 per year.
.
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CITY COUNCIL AGENDA STATEMENT
Item ~I
Meeting Date 02/15/94
ITEM TITLE: INFORMATION REPORT: Promotion of Businesses Affected by
Construction on Broadway
SUBMITTED BY: Community Development Director L ,<;
Director of Public Works ~
REVIEWED BY: City Manager~ ~ ~
(4/5ths Vote: Yes _ No X)
Council Referral No. 2847
BACKGROUND:
At the January 11, 1994 meeting Council directed staff to meet with the Broadway Business
Association, Chamber of Commerce, and other appropriate organizations to develop a strategy
to assist businesses located on Broadway which have been adversely affected by recent street
construction. Staff progress in this effort is described below.
RECOMMENDATION: That Council accept the report.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Reconstruction work along Broadway from L Street to Naples is expected to be completed by
the end of February. The pavement has been installed and traffic is open to four lanes.
However, the median landscaping is not completed. The section between F Street and I Street
has essentially been completed. The next section to undergo reconstruction will be I Street to
L Street. This phase is expected to begin in July. The last phase will be the section from
Naples to Anita Street. The final segment from Anita Street to the South City Boundary is
expected to be done with the Main Street project.
Staff met with business owners, the Broadway Business Association, and contacted the Chamber
of Commerce in order to develop a strategy to: [1] promote businesses along Broadway recently
adversely impacted by reconstruction work, and [2] to work with businesses located along the
final two sections of Broadway to undergo reconstruction to reduce negative impacts. The
results of these efforts are reported below.
Broadwav Business Association Meetin2
Public Works and Community Development staff will regularly attend Broadway Business
Association meetings and report on roadway progress. Plans for promotional activities will be
developed in cooperation with the association as well as the Chamber of Commerce.
/};-/
~..._..._._...,,_.,_._--.-._-,._-- ---'-"--'---'-'-~--'----'---~--
Page 2, Item IJ
-
Meeting Date 02/15/94
Chamber of Commerce
City staff and members of the Broadway Business Association met with Chamber of Commerce
staff on Monday, February 7. The Broadway Business Association announced plans for a
"grand opening" event along Broadway this fall to open the Christmas shopping season and the
Chamber expressed a willingness to assist. The Chamber also agreed to explore potential
advertising options with the Star News.
Promotional Activities Under Consideration Bv City/Broadway Association/Chamber Staff
The following options have been discussed by staff as potential steps in a far-reaching
promotional program to bring customers back to Broadway:
· Place interior advertising on City buses; write an article for the Chula Vista
Quarterly newsletter; and, run public service announcements during the televised
City Council meetings.
· Submit press releases to the Star News and other newspapers with regional
circulation highlighting completion of work on Broadway from L Street to Naples
Street and from F Street to I Street. Work with reporters/editors to develop news
and feature stories on Broadway businesses.
· Send mailers to affected businesses inviting representatives to a City/Chamber-
hosted luncheon to discuss promotional plans, issues, and problems.
· Participate in an advertisement(s) or a special advertising supplement with
Broadway businesses. Coupons may be included.
· Plan a ribbon-cutting ceremony and/or participate in planning the grand opening
event with Broadway Association. Celebrities/media could be invited to
participate.
· Planning staff will authorize exceptional signage on an interim basis and expedite
plan processing for tenant improvements to fill vacancies along Broadway.
Communications with Businesses to be Affected in Future Phases
Public Works staff will return with a full report prior to advertising the next project. In the
meantime staff is working with the Broadway Business Association and plans additional meetings
with all the businesses along Broadway between I and L Streets. Staff will explore ways to
write in bid specifications that would minimize impact on the business. Every effort will be
made to plan construction work in a manner to minimize impacts to nearby businesses.
¡¡-;¿
_._,...__._._-_......~--_._--_.- ^ -~.~.,._--~-
Page 3, Item II
Meeting Date 02/15/94
FISCAL IMPACT: Promotional and staff liaison activities are planned to minimize fiscal
impacts. However, several actions are anticipated to require City/Agency expenditures as
preliminarily estimated below:
Mailouts $ 60
Luncheon 340
Advertising supplement 2,000
Grand Opening Ceremony 500
TOTAL $2,900
As the Broadway Association is planning a grand opening ceremony the City may want to
consider offering some financial support. Since many of the affected properties lie within the
Southwest Redevelopment Project Area, it is anticipated that project funds can be used for these
activities.
IC:\ WP51 \COUNCIL\113SIBROADW A Y.113
11- ;1
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February 9, 1994
TO: Councilmembers Rindone and Fox
VIA: John D. Goss, City Manager
FROM: George Krempl, Deputy City Manager ~~
SUBJECT: Review of JPA on Solid Waste dated February 1, 1994 and Discussed at
Interim Solid Waste Commission Meeting on February 3, 1994
This is a point-by-point discussion of the various subsections of the first cut
draft for a JPA for solid waste. The major issues appear to lie in four areas,
non-member participation and participation by the City of San Diego, weighted
vote, liabilities and assets, and land use authority and eminent domain,
By way of comments, Edith French from Santee had a concern that the County has
already taken action endorsing a regional JPA and she indicated that the
Commission should continue to look at other options, including a sub-regional
JPA, looking at the County operating the system, and also remaining a consumer,
Supervisor Bilbray clarified that the Board vote at one of the recent meetings
was not a direction or a mandate, just an opinion expressed at that point in
time. However, he concurred with the criticism and indicated he will recommend
to his peers that they hold off on any further actions until the various cities
and the Interim Commission have indicated their direction,
Ruth Sterl ing of La Mesa commented that they may want to be a user, not an
operator and, thus, there should be a two-tier level of membership, one for a
user and one for a user/operator. Bob Fox asked about the ability to have a sub-
regional JPA. The response from staff was that if there was still an overall
umbrella JPA and then divisions under this structure sub-regionally that could
be accommodated with the current draft document. However, if the vision was to
have three or four separate JPA's totally independent, the document does not
address that option at this time. The letter request from Chula Vista was made
note of and needs to be discussed on a future agenda.
The Commission then began a page-by-page, point-by-point discussion of the draft
document. Sect i on and page references of the fo 11 owi ng comments need to be
cross-referenced with the attached draft document,
Page I, Witnesseth. No COlllllents.
Page 2, No. I, Purpose. No specific comments, A general comment was made that
language needs to be inserted to allow for cities who wish to join at a later
date in time, as well as for the ability for tier membership,
1
/;2 ~ /
- --_.._----_._~--,,-"_.,_._-~.__..__.---------_.-.."-_._..-~---
Page 2, No.2, Establishment of the Agency/Composition of the Commission. No
comments.
Page 2, No.3, Contracts with Non-Member Agencies, This was a major focus of
discussion. It was indicated that the language of this section, whose text is
pending, should include provisions to accommodate agencies that don't want to
make a full 20-year commitment to a JPA, but rather want to sign on for a short
period of time. Such a non-member could be a city, the federal government, the
Port District or some other entity, Another question was the status of the City
of San Diego. The trash that the City of San Diego inputs into County landfills
versus the amount of trash from the County that goes into the San Diego City
system needs verification, Also, what are the responsibilities for the City of
San Diego in terms of closure costs?
One suggestion was that for now the City of San Diego remain on a contract basis,
and they possibly could join the JPA later on, It was suggested that staff
prepare a position paper with options and pros and cons of the various
possibilities.
Page 2, No, 4, Organization of Commission, This section calls for elected
officers, as we 11 as es tab 1 i shment of an execut i ve committee and states its
composition. The cho i ce here is whether the execut i ve committee shou 1 d be
structured on a sub-regional basis or more along the 1 ines of the SANDAG
Executive Committee. It somewhat is dependent upon what purpose the executive
committee has and what it will do in the way of operations. The Commission wants
to solicit comments from its members on this decision, One question was the role
of the County as a member of the executive committee, One point of view was that
the County should fade into a role just like any other municipality and not be
treated any differently, The other thought was that, because of the County's
role with the current system, they should get a separate status on the executive
committee. A further question was asked as to why North County Coastal and North
County Inland each have one representative on the executive committee while East
County and South County have but a single representative. The response was that
this was an attempt to provide geographical balance and equity, Since there are
more cities in North County than in South County, it may be appropriate to have
a Coastal and Inland representative. It was further clarified that the officers
and the executive committee would all be elected officials,
At this point in the meeting, Councilman Fox left, and Councilman Rindone joined
the meeting in progress,
Page 3, No.9, Meetings. No comments.
Page 3, No. 10, Weighted Vote. This item generated a lot of discussion, It was
suggested that with some issues might warrant a weighted vote while others would
not. Issues involving finances, as an example, might impact .larger jurisdictions
more significantly that smaller jurisdictions, On the other hand, an issue, such
as the selection of who will be general counsel for the Commission, might be
voted on by the entire Commission on an equal basis. One of the alternatives was
to have a weighted vote based on tonnage, population, or a combination thereof,
A comment was made that tonnage could be uneven, and penalize jurisdictions who
have aggress i ve recyc 1 i ng programs and are successfu 1 in reducing tonnage.
2
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~...."---_...~--- -,_.~-_..._---,.,..-.- _.~_.._-- "-..-. ,.
Therefore, a combination of tonnage and population would be most appropriate,
An additional suggestion was to establish threshold levels of tonnage for voting,
; .e. , jurisdictions would have additional votes if they fell within certain
tonnage ranges. As to dispute resolution, it was suggested that the SANDAG
growth management be looked at as providing some model text. The goal of the
weighted vote section should be to allow for a greater degree of emphasis and
input from larger jurisdictions on certain issues, but not to the extent that
they are allowed to overwhelm everyone else,
Page 4, Powers and Funct;ons. This includes a proviso that the Commission might
delegate to the Commission land use authority to provide for landfill sites for
disposa l. This was a highly controversial section, Many indicated that there
was no way that they were going to give up local land use authority for siting
landfills within their jurisdict;on. It was suggested that legal counsel needs
to look at this ;ssue and answer whether or not a jurisdiction has authority to
give up land use decision making. Charter cities' powers should be looked at as
well. One Commissioner suggested as an option that individual cities retain land
use authority for say five years and then if no decision were made, the State
could step in and make a decision as to siting, The Legislature would have to
be requested to provide some legislation thereon,
Page 5, No. 12, Exercise of Powers, No comments.
Page 5, No, 13 & 14, Debts and Acqu;sit;on of Assets. As an introduction, even
though it may be evident, it was stated that this section is the key section
attempting to shield local jurisdiction's general funds from any liabilities.
The question was asked, What happens within a particular year if the tip fee is
~ot sufficient to cover all the costs incurred as to debt? A phrase is contained
in the debt section which says that, in addition to the tip fee, other financing
methods as appropriate may be employed to solely fund solid waste activities.
It was clarified that the Sol;d Waste Authority will not go into a bankruptcy
state but the fund might become insolvent. If insolvency occurs, then
protections need to be built in to protect each city. The question was asked
whether or not the JPA will be able to attain a favorable bond rating and issue
bonds. The answer was that there would need to be a transition period and the
new governing body would have to build up a history and a track record in order
to attain some credibility,
As to Item 14, Acqu;s;t;on of Assets, the question was raised, Are we going to
have to buy the existing County system or will it just be transferred? And,
further, if there is a transfer to an owner/operator of all the assets and
liabilities, then it is presumed that a user/contractor wou I d not have any
1 iabil ity, The response was affirmative, However, it was stated that a
contracting agency may have to pay a premium for participation compared with an
agency which is a full member of the JPA.
A des;re was expressed to have a full enumeration of the existing County system
assets and liabilities in a spreadsheet format, indicating relative worth of
same, A subcommittee ;s gather;ng that information, There are two types of
liabilities which need to be differentiated, One liability is the one incurred
by those who have contributed waste to the current system. The second liability
is the one which would be acqu;red or attained through the new JPA structure.
3
);)-3
..-.-- ._-----_.__._._-~."-_.....-.~-~-------_..._- -----------
Clarification is needed as to liability under different circumstances, i,e., for
cities who don't join, those who choose to contract for services with the JPA,
and those who become full members of the JPA, There needs to be more insulation
and protection of cities general funds. It is important for independent legal
counsel to be hired and to start addressing these issues. . The goal should be to
isolate individual jurisdiction liability in moving toward a new entity. Buying
into a joint powers authority should not necessarily mean buying into a lawsuit.
An example cited was the expansion of San Marcos, and whether we are accepting
the liabilities for that expansion or whether they are left behind with the
current County system when a new system is created.
Page 5, No. 15, Wastestream Commitment, This section needs to be expanded. A
question is whether or not the wastestream commitment is before or after
recycling, The answer was that the entire wastestream is assumed to be
comm it ted . There is also pending litigation on the flow control issue. A
comment was made that all things have to be looked at cooperatively and combined
into a total unified system.
The remaining sections of the document were not discussed, These sect ions
address hiring new staff , withdrawa 1 or adding agencies, plus insurance,
immunity, severability, and notice.
GK:mab
cc: City Council
John Goss
Bruce Boogaard
4
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·~~
JOINT POWERS AGREEMENT BETWEEN THE CmES OF CARLSBAD,
CHULA VISTA, CORONADO, DEL MAR, EL CAJON, ENCINITAS, FSCONDIDO,
IMPERIAL BEACH, LA MESA, LEMON GROVE, NATIONAL CITY, OCEANSIDE,
POWAY, SAN MARCOS, SANTEE, SOLANA BEACH, VISTA AND THE COUNTY OF
SAN DIEGO CREATING THE SAN DIEGO CREATING THE SAN DIEGO SOLID
WASTE MANAGEMENT AUTHORITY
TIllS AGREEMENT is made and entered into this day of ; 1994 by and
between the signatories to this Agreement, which are local governments in San Diego County,
acting through their n:spective legislative bodies ("PARTIES"),
WITNESSETH:
WHEREAS, each of the PARTIFS to this Agreement is a "public agency" as this term
is defined in Section 6500 of the Government Code of the State of California; and
WHEREAS, pursuant to Title 1, Division 7, Chapter 5, of the Government Code of the
State of California, commonly known as the Joint Exercise of Powers Act, two or more public
agencies may, by Agreement, jointly exercise any power common to the contracting PARTIES;
and
WHEREAS, each of the PARTIES hereto has the power, in addition to other powers
which are common to each of them, to site, develop, construct, operate and/or contract for
disposal sites, sanitary landfills, resource recovery facilities, transfer stations and other facilities
used for the collection and disposal of garbage, trash and rubbish generated within each of the
·PARTIES' territorial boundaries; and
WHEREAS, the California Integrated Waste Management Act of 1989 ("Act") requires
each of the PARTIES to prepare a source reduction and recycling plan which includes a landfill
siting element; and
WHEREAS, the PARTIES find that it would be to their mutual advantage and benefit
to work together and share costs to: (1) site, acquire, license, construct, operate and/or contract
for disposal sites, sanitary landflIls, resource recovery facilities, transfer stations and other
facilities used for transportation, management and disposal of solid wastes and (2) prepare a
source reduction and recycling plan that meets the requirements of the Act; and
WHEREAS, it is the desire of the PARTIES to use any power that they have in common
which is reasonably I!.......,~'''}' and appropriate to aid in the accomplishment of these goals; and
. WHEREAS, the PARTIES desire, by means of this Agreement, to establish a separate
agency and procedure to accomplish these goals; and
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NOW THEREFORE, based upon the mutual promises contained herein, the PARTIES
hereby agree as follows:
l. Puroose. The purpose of this Agreement is to establish an agency to be known
as the SAN DIEGO SOLID WASTE MANAGEMENT AUTHORITY ("SDSWMA") for the
purpose of: (a) siting, acquiring, licensing, developing, constructing, maintaining, operating
and/or contracting for SDSWMA disposal sites or sanitary landfills, resource recovery facilities,
transfer stations and other facilities used for transportation, management and disposal of solid
wastes, and (b) preparing and implementing a SDSWMA Solid Waste Management Plan which
meets the requirement of the Act, and (c) exercising all other appropriate powers reasonably
necessary to carry out the purpose of this Agreement.
2. Establishment of the Agency/Comoosition of the Commission, There is hereby
established pursuant to the Ioint Exercise Powers Act (Section 6400 et seq., of the Government
Code of the State of California) an Agency which shall be a public entity separate from the
PARTIES to this Agreement, The name of said agency shall be the SAN DIEGO SOLID
WASTE MANAGEMENT AUTHORITY, and shall hereinafter be referred to as SDSWMA.
The governing body of SDSWMA shall be a commission composed of one elected member of
the legislative body of each of the signatories. The Commission shall be the administering
agency for this Joint Powers Agreement, and, as such, shall be vested with the powers set forth
in this Agreement, and shall execute and administer this Agreement in accordance with the
purposes and functions provided herein.
3. Contracts with non-member al!encies. l~f¡PlmHfiI
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4. Orl!anization of the Commission.
The Commissioners shall:
(a) Elect a chairman, a vice-chairman, and a secretary, and such other officers
as the Commission shall find appropriate,. to serve the Commission at its pleasure for such term
as may be provided by Commission rule.
(b) Establish an Executive Committee, and such other committees as they shall
find appropriate. The Executive Committee shall make policy recommendations to the
Commission and may exercise any other power of the Commission delegated to it by bylaws
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(c) Provide general directives for the work of such committees.
(d) Take appropriate measures to meet the fInancial requirements of
SDSWMA.
5. Executive Officers. The Chairman of SDSWMA shall preside at all meetings of
the Commission and perform such other duties as the Commission shall instruct, The duties of
the Vice-Chairman and the Secretary shall be the usual and customary duties of such officers,
6. Treasurer and Controller. 1\¢~l~.S
...~*,,««*X·. ~...
7. General Manager. The Commission shall appoint a General Manager,
8. General Counsel. The Commission shall appoint legal counsel.
9. Meetine:s.
(a) The Commission shall provide for regular meetings and special meetings
in accordance with the Ralph M. Brown Act, Chapter 9, Part I, Division 2, Title 5, of the
Government Code beginning with Section 54950, or in accordance with such other regulations
as the legislature may hereafter provide.
(b) Each PARTY to this Agreement shal1 authorize and designate its
representative or representatives to vote for it at all meetings of the Commission.
(c) In addition, each PARTY to this Agreement shall designate one or more
alternatives, who shall have the power to vote in the place and stead of the designated
representative, or representatives, in his/her absence.
(d) Each PARTY shall file with the Authority a certified copy of the minutes
of the meeting or resolution reflecting the appointment of such representative or alternate(s)
provided each alternate is an elected member of the legislative body of each party.
10.
0
3
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II. Powers and Functions. SDSWMA shall have any and all powers authorized by
law to all of the PARTIES hereto, and separately to the Agency herein created, relating to the
acquisition, siting, licensing, construction, financing, disposition, use, operation, maintenance
and/or contracting for solid waste disposal sites, sanitary landfills for the disposal or recycling
of garbage, rubbish and trash generated within the boundaries of such PARTIES, and preparation
of a solid waste management plan that meets all the requirements of the Act. Such powers shall
include the common powers specified in this Agreement and may be exercised in the manner and
according to the method provided in this Agreement. All powers common to the PARTIES are
specified as powers of SDSWMA. SDSWMA is hereby authorized to do all acts necessary for
the exercise of such powers, including, but not limited to, any or all of the following: to make
and enter into contracts; to employ agents and employees; to acquire, construct, provide for
maintenance and operation of, or maintain and operate, any buildings, works or improvements;
to acquire, hold or dispose of property wherever located; to incur debts, liabilities or obligations;
to receive gifts, contributions and donations of property, funds, corporation and other forms of
assistance from persons, firms, corporation and any governmental entity; and to sue and be sued
in its own name; establish ordinances and regulations, and generally to do any and all things
necessary or convenient tm.ç!!I!ºglgrnñm.¡&¡!m9ij!¡'mI¥1fiiIJI1iI!!!.~mm1g) to provide
landfIll sites for the disposal of garbage, rubbish and refuse.
m~JIt{~~~!!:~¡.I'IltÉ!@I~¡;gr~I~1mr;Uœlmmm:Ç1l:gl!,~m;
Without limiting the foregoing generality, SDSWMA may:
(a) Acquire and dispose of all kinds of property and utilize the power of eminent
¡1.iITill~I.1IlIillllil¡I~1I'Iœ1œ.thIDlœ¡(im19~
(b) Issue or cause to be issued bonded and other indebtedness, and pledge any
property or revenue as security to the extent permitted by law under Article 2, Chapter 5,
Division 7, Title 1 (commencing with Section 6450) of the Governmental Code or otherwise
including, but not limited to, bonds or other evidences of indebtedness of a nonprofit corporation
issued on behalf of SDSWMA or any of its PARTIES;
(c) Obtain in its own name all necessary permits and licenses, opinion and rulings;
(d) Whenever necessary to facilitate the exercise of its powers, form and administer
nonprofit corporations to do any part of what SDSWMA could do, or to perform any proper
corporate function, and enter into agreements with such a corporation.
4
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t~~iMI~~I~N ~II
12. Exercise of Powers, The manner in which the SDSWMA, shaIl exercise its
powers and perform its duties is and shall be subject to the restrictions upon the manner in
which a general law city which is a PARTY hereof could exercise such powers and perform
such duties; and shall not be subject to any restriction applicable to the manner in which any
other public agency could exercise such powers or perform such duties, whether such agency
is a PARTY to this Agreement or not.
13. I&!m. None of the debts, liabilities or obligations of SDSWMA shall be the
debts, liabilities or obligations of the PARTIES of SDSWMA unless assumed in a particular case
~
14. Acouisition of Assets, ff&lj!tWJ.íÛÆl
1!;fr-<"·-w.~_f1~"'~N=(n:Cp¡lw'''·''·-m·'W··"~·"·'¡¡''"-fil0V1lñ1lw.....v....~wf1.....wm..v'!¡....w........w.........
.....;mn¡. .... . .. "'Im '. .... . ...... 'W' . .... ..ttajj$. ...... .... ". ·"ttajj$"ma ........... ········d
ø'gâ1i91m~.II.tI.liîml~ttçjjl~.t§~~¡i mtlïìltÎ!li~J1~mrgp~,ill
m.mmI9_îlmTøjiJJlliGWi§}9Iili:m~r_1yg~ñIJl[iìq~,(
15. Wastestream Commitment. A PARTY shall deliver or cause to be delivered all
Acceptable Waste generated within their respective jurisdictions to the SDSWMA.
KmgJJ!diq¡îl_~m\l!ñ.qjt1l!Lt9mñmlI1~lFm!jI
16. Liability, tm.íSjMi;Dì§ß?íª;wJ¡¡!tŒJm˧4rnil.g¡E4!~,,ªìiij¡
Em!Jhlã§i1liaB'~mt¡¡¡_$t1ifø!
.. ··,;.~x~a:=-<;:«~"'·ÿ;·······x:-;·' .......,;;: 0;.'....»:..-:-.......,
'. .'-, '.W'>",>.' . ^ . ...'w.... ...~ ......,....... . '..".w
17. Withd wa1 fro A tQ~tfBtr-"¡;¡¡=·"»..I¥ft1fd="'0à1JjYlTêit"¡p~"
I fa m iency, " 8, ,$" .JI' ~ .. W... it& .. ,.. .
lamÞlé$\6fRiæ;lifbë cOÌ1šiderêd;lLtWIILf« _..~. ..«..... ..""','=-»". ",,«
......iîo ôf tÎiéìdirlj',iõ,.t¡¡è loOO øbli~liðñ
~~ ':. ·"·:'·:··ûf-:::i:-,ü~,.",:"., ,'" ~ ~ , f' ~h
¡",. ..;pq........"i~~!.~~¡;·jl?>/iV~!!
nf'Ucatióriã £:aêbt' .. «em
,.,!P". , ., d< '»;":-;'¡'" h^ '_', ,»i
:iigllpi·lfIIJ~IIt~. .
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18. dd' , DIwrg·"'"~'""'Wlñëð""--·· '~'ir~tt'r'Mr!mtng'"
A t s ëC'" .. ...... 'U' »t ....... ......
t Ion. ù~~~~tUJ!R.JS§ttL>:~;*mgf!~;.;RßJj[WL~~~L~~Ç........"; j
19. S1aff. The staff of the Commission may be hired as full-time or part-time
employees of SDSWMA or the Commission may independently contract for the provision of
professional services as required. Staff may also be appointed to serve the Commission from
the existing staff of the PARTIES to be paid by the Commission or at the expense of the
employer PARTY. SDSWMA staff, other than employees of a party performing service for
SDSWMA, shall be hired, promoted, disciplined or terminated and shall have such rights of
employment as the Commission shall determine subject to any applicable provisions of federal
or state law.
m~¡if§,m;Im¡ß~¡f9Ji¡i~~l~¡I!ªii§~tW§;~!l~lit~
20. Accountability. SDSWMA shall be held strictly accountable for all funds and
shall make an annual report to all PARTIES to this Agreement of all receipts and disbursements,
all in accordance with Section 6505 of the Government Code and other applicable statutes,
utilizing sound account practices.
21. Dissolution. Upon dissolution of the SDSWMA as a legal entity, all debts of and
advances of SDSWMA shall be paid, and then the property of SDSWMA, whether real or
personal, shall be divided among and distributed to all of the PARTIES who at any time during
the existence of SDSWMA PARTIES to this Agreement in proportion to the costs borne by each
such PARTY to the SDSWMA during its legal existence by non-reimbursed contributions made
pursuant this Agreement.
22. Insurance. The Commission of SDSWMA is authorized to and shall procure
general comprehensive liability and other insurance by such means and in such amounts as it
deems advisable to protect the SDSWMA and each of the PARTIES hereto, charging the cost
thereof to the operating costs of the SDSWMA,
23. Immunity. All of the privileges and immunities from liabilities, exemptions from
laws, ordinances and rules, all pension, relief, disability, worker's compensation, and other
benefits which apply to the activity of officers, agents or employees of any such public agency
when performing their respective functions within the territorial limits of their respective public
agency when performing their respective public agencies, shall apply to them in the same degree
and extent while engaged in the performance of any of their functions or duties extraterritorially
under the provision of Article 1 of Chapter 5, Division 7 of Title I of the Government Code of
the State of California and as provided by law.
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24. Breach. In the event that any PARTY to this Agreement should at any time claim
that another PARTY has in any way breached or is breaching this Agreement, the complaining
PARTY shall file with the governing body of the other PARTY, and with the Commission, a
written claim of said breach, describing the alleged breach and otherwise giving full information
respecting the same. The Commission shall thereupon, at a reasonable time and place, specified
by in, give all PARTIES full opportunity to be heard on the matter, and shall, upon conclusion
of said hearing, give the legislative or governing bodies of all PARTIES a full report of its
findings and recommendations. Said report, findings and recommendations shall be deemed
advisory only, shall not in any way bind any of the PARTIES hereto, and shall not be deemed
to establish any facts, either presumptively or finally. Upon receipt of said report and
recommendations, if any PARTY should be dissatisfied with or disagree with the same, the
legislative of governing bodies of the PARTIES in disagreement shall jointly meet with each
other at a reasonable time and place to be determined by them, for the purpose of resolving their
differences. No action for breach of this Agreement, and no action for any legal relief because
of any such breach or alleged breach of this Agreement, shall be filed or commenced, and
nothing shåll be done by any PARTY to rescind or terminate this Agreement, except as provided
in this Agreement, unless and until such PARTY has first given to the other PARTIES a
reasonable time, after the conclusion of said joint meeting of the legislative or governing bodies
that have met to resolve their differences, within which to cure any breach or alleged breach,
25. Severability. It is hereby declared to be the intention of the signatories to this
Agreement that the paragraphs, sentences, clauses and phrases of this Agreement are severable,
and if any phrase, clause, sentence or paragraph of this Agreement shall be declared
unconstitutional or invalid for any reason by a valid judgment or decree of a Court of competent
jurisdiction, such unconstitutionality of invalidity shall not affect any of the remaining
paragraphs, clauses, phrases, and sentences of this Agreement.
26. Notices, All notices required or given pursuant to this Agreement shall be
deemed properly served when deposited, postage prepaid, in the United States mail, addressed
to each PARTY at the address indicated on this Agreement adjacent to the signature line of each
PARTY.
27. Duplicate Originals. This Agreement can be executed in one or more duplicate
originals, each bearing the original signatures of the parties, and when so executed each
duplicate original shall be deemed an original of the Agreement admissible in court as evidence
of the terms of the Agreement.
IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement on the date first
above written.
7
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