HomeMy WebLinkAboutAgenda Packet 2005/03/22
CITY COUNCIL AGENDA
March 22, 2005 6:00 p.m.
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
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CllY OF
CHUlA VISTA
City Council
Patty Davis
John McCann
Jerry R. Rindone
Steve Castaneda
Stephen C. Padilla, Mayor
City Manager
David D. Rowlands, Jr.
City Attorney
Ann Moore
City Clerk
Susan Bigelow
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The City Council meets regularly on the first calendar Tuesday at 4:00 p.m.
and on the second, third and fourth calendar Tuesdays at 6:00 p.m.
Regular meetings may be viewed at 7:00 p.m. on Wednesdays on
Cox Cable Channel 24 or Chula Vista Cable Channel 68.
Agendas are available on the City's web site at:
www.chulavistaca.gov
**********
March 22, 2005
I declare under penalty of perjury th~t I am
employed by the City of Chula Vista In the.
Office of the City Clerk and that \ posted this
document on the bulletin board according to
Brow" ^,;~:m'". ~
AGENDA d ~rli Signed
Date :00 P. .
CALL TO ORDER
ROLL CALL:
Councilmembers Castaneda, Davis, McCann, Rindone, and Mayor Padilla
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
.
PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION DECLARING
TUESDAY, MARCH 22, 2005 AS LAW ENFORCEMENT POLICE RESERVE AND
MOUNTED OFFICER DAY IN THE CITY OF CHULA VISTA
PRESENTATION BY FRANK. RIVERA, DEPUTY CITY ENGINEER, REGARDING
CONSTRUCTION IN THE VICINITY OF INTERSTATE 805 INTERCHANGES AT
EAST H STREET, OLYMPIC PARKWAY AND TELEGRAPH CANYON ROAD;
AND REGARDING THE SR-125 TOLL ROAD
.
PRESENTATION BY ARMANDO BUELNA, OTAY WATER DISTRICT,
REGARDING AN UPDATE ON WATER ISSUES AFFECTING CHULA VISTA AND
THE REGION
CONSENT CALENDAR
(Items 1 through 13)
.
The Council will enact the Consent Calendar staff recommendations by one
motion, without discussion, unless a Councilmember, a member of the public, or
City staff requests that an item be removed for discussion. If you wish to speak on
one of these items, please fill out a "Request to Speak" form (available in the
lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the
Consent Calendar will be discussed after Action Items.
1.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE CHULA VISTA MUNICIPAL CODE SECTION 2.05.010
RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS
(SECOND READING)
The California Border Alliance Group (CBAG) has requested several classification
updates and additions. Chula Vista City Charter section 500 requires that all unclassified
positions not mentioned specifically in Charter section 500 be adopted by Ordinance.
(Chief of Police)
Staff recommendation: Council adopt the ordinance.
2.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE AMENDMENT TO THE FOUR-YEAR TRANSNET LOCAL
STREETS AND ROADS PROGRAM OF PROJECTS FOR FISCAL YEARS 2004/2005
THROUGH 2007/2008 FOR SUBMITTAL TO THE SAN DIEGO ASSOCIATION OF
GOVERNMENTS (SANDAG) FOR INCLUSION IN THE REGIONAL
TRANSPORTATION IMPROVEMENT PROGRAM (RTIP)
Page 1 - Council Agenda
March 22, 2005
3A.
4.
SANDAG has requested that local agencies submit requests for amendments to existing
projects included in the current Regional Transportation Improvement Program (RTIP).
The current 2004/2005 RTIP includes City of ChuIa Vista transportation projects
covering Fiscal Years 2004/2005 through 2007/2008. The annual development and
approval of the RTIP by SANDAG are requirements for the continued receipt of State
and Federal transportation project funding. ChuIa Vista's proposed amendments to the
RTIP involve adjusting the amount of Transnet funding among existing and proposed
Capital Improvement Program projects for Chula Vista. (Director of General Services,
City Engineer)
Staff recommendation: Cowicil adopt the resolution.
B.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AGREEMENT WITH MUNIFINANCIAL, LLC FOR SPECIAL
TAX CONSULTANT SERVICES FOR THE FORMATION OF MAINTENANCE
COMMUNITY FACILITIES DISTRICT FOR OTAY RANCH VILLAGE SEVEN,
PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982,
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AGREEMENT RETAINING THE FIRM BEST BEST AND
KRIEGER, LLP, AS THE SPECIAL TAX LEGAL COUNSEL FOR THE
FORMATION OF THE MAINTENANCE COMMUNITY FACILITIES DISTRICT
FOR OTAY RANCH VILLAGE SEVEN, PURSUANT TO THE MELLO-ROOS
COMMUNITY FACILITIES ACT OF 1982, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
C.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE INITIATION OF PROCEEDINGS TO CONSIDER THE
FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 12-M (OTAY RANCH
VILLAGE SEVEN) FOR MCMILLIN OTAY RANCH LLC AND OTAY PROJECT
LP., AND APPROVING THE FORM OF TWO REIMBURSEMENT AGREEMENTS
McMillin Otay Ranch LLC and Otay Project LP. have submitted an application for
establishing Community Facilities District No. 12-M (CFD-12-M) to fund the
maintenance of certain public improvements serving Chula Vista and development
improvements serving the Otay Ranch Village Seven project. Adoption of the
resolutions approves of the two consultant agreements and the initiation of proceedings to
form CFD-12-M and directs City staff to proceed with the formation requirements,
boundaries and other pertinent elements. (Director of General Services, City Engineer)
Staffrecommendation: Council adopt the resolutions.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING $83,219 FROM THE OFFICE OF EMERGENCY SERVICES,
APPROPRIATING SAID FUNDS TO THE FISCAL YEAR 2004/2005 POLICE
DEPARTMENT SUPPLIES AND SERVICES BUDGET, WAIVING THE
CONSULTANT SELECTION PROCESS, AND APPROVING THE CONTRACTUAL
AGREEMENT WITH SOUTH BAY COMMUNITY SERVICES TO PROVIDE
SERVICES FOR DOMESTIC VIOLENCE CASES (4/5THS VOTE REQUIRED)
Page 2 - Council Agenda
March 22, 2005
The Police Department and South Bay Community Services have been providing
Domestic Violence Response Team services for the past eight years. Approval of the
agreement continues those services, including comprehensive assessments of children
and families, immediate crisis intervention and follow-up services to the victims and
children. (Chief of Police)
Staff recommendation: Council adopt the resolution.
5.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2004/2005 POLICE BUDGET TO APPROPRIATE
$138,740 OF AVAILABLE GRANT FUNDS FROM THE SUPPLEMENTAL LAW
ENFORCEMENT SERVICES FUND (4/5THS VOTE REQUIRED)
The Police Department has discovered that grant money is available from the
Supplemental Law Enforcement Services Fund. These available funds come from
unexpended appropriations from the prior year budget and must be expended or
encumbered by June 30, 2005. (Chief of Police)
Staff recommendation: Council adopt the resolution.
6.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AWARDING A PURCHASE AGREEMENT IN THE AMOUNT OF $138,246 FOR
ONE GRAFFITI REMOVAL TRUCK TO DISPENSING TECHNOLOGY
CORPORATION
In an effort to enhance the City's graffiti eradication and abatement program, a new
graffiti abatement van was approved during the Fiscal Year 2004/2005 budget process.
Eight potential respondents were contacted, with two companies submitting proposals.
There were no local vendors who could design and build this type of truck. (Director of
Public Works Operations)
Staff recommendation: Council adopt the resolution.
7.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING A GRANT FOR $50,000 FROM THE CALIFORNIA DEPARTMENT
OF FORESTRY & FIRE PROTECTION, TO SUPPLEMENT THE CITY'S
REFORESTATION PROGRAM, AND APPROPRIATING SAID FUNDS TO THE
ENVIRONMENTAL RESOURCE MANAGEMENT UNIT OF THE CONSERVATION
AND ENVIRONMENTAL SERVICES DEPARTMENT (4/5THS VOTE REQUIRED)
Adoption of the resolution approves acceptance of a grant to supplement the City's
Reforestation Program by providing funds to plant 460 shade trees citywide on public
rights-of-way. Trees will be provided to households and schools at no cost. Tree
planting events will be focused in western Chula Vista to help beautify the City and to
mitigate the impact of "urban heat island effect". (Director of Conservation and
Enviroumental Services)
Staff recommendation: Council adopt the resolution.
Page 3 - Council Agenda
March 22, 2005
8.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING BIDS, REJECTING BIDS DUE TO DISPARITIES IN THE BID
PROPOSAL AND AWARDING CONTRACT FOR SIDEWALK IMPROVEMENTS
AT 333-35 & 337-39 PALOMAR STREET IN THE CITY OF CHULA VISTA,
CALIFORNIA (pROJECT STL-296)
On February 4, 2005, sealed bids were received for this project. The work to be done
includes excavation and grading, sidewalks, driveways, asphalt concrete pavement,
removal and disposal of existing improvements, traffic control, other miscellaneous
work, and all labor, material, equipment and transportation necessary for the project.
(Director of General Services)
Staff recommendation: Council adopt the resolution.
9 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FIRST AMENDMENT TO THE AGREEMENT WITH PCL
CONSTRUCTION SERVICES, INC. TO INCORPORATE THE GUARANTEED
MAXIMUM PRICE (GMP) FOR THE DESIGN AND CONSTRUCTION OF
MONTEVALLE COMMUNITY PARK (CIP PR250), LOCATED IN THE ROLLING
HILLS RANCH SUBDMSION OF EASTERN CHULA VISTA, APPROPRIATING
FUNDS NECESSARY TO COMPLETE THE PROJECT, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AMENDMENT (4/5THS VOTE REQUIRED)
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ESTABLISHING A SEPARATE CAPITAL IMPROVEMENT PROJECT FOR THE
RECREATION FACILITY COMPONENT OF "MONTEVALLE RECREATION
FACILITY", (CIP PR270), TRANSFERRING EXISTING PUBLIC FACILITIES
DEVELOPMENT IMPACT FEE FUNDS IN PR250 TO PR270, AND
APPROPRIATING FUNDS NECESSARY TO COMPLETE THE PROJECT (4/5TIIS
VOTE REQUIRED)
The City Council previously approved Capital Improvement Project No. PR250 and the
Master Plan for Montevalle Community Park, which conceptually designed and provided
for the construction of a completed and fully functional park and recreation center. On
December 16, 2003, Council approved a Design Building Agreement with PCL
Construction Services, Inc. for this facility. The Design Build Agreement contained a not
to exceed price of $6,976,950 for the park and $5,347,250 for the building, with the
Guaranteed Maximum Price (GMP) to be set upon receipt of90% construction drawings.
The project is nearing the end of the design phase and ready to begin the construction
phase. Adoption of the resolution approves the fIrst amendment that will set the GMP at
$13,998,532, which is comprised of $8,237,643 for the park, and $5,760,889 for the
building. (Director of General Services)
Staff recommendation: Council adopt the resolutions.
10.
RESOLUTION OF TIIE CITY COUNCIL OF THE CITY OF CHULA VISTA
ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT WHEREBY THE
FURNITURE, FIXTURES AND EQUIPMENT (FFE) BUDGETS FOR VETERAN'S
PARK, SALT CREEK PARK AND MONTEVALLE PARK ARE CONSOLIDATED
INTO "RECREATION FACILITIES - FURNITURE, FIXTURES AND
EQUIPMENT" (PR265), TRANSFERRING EXISTING FUNDS AND
APPROPRIATING FUNDS THEREOF (4/5TIIS VOTE REQUIRED)
Page 4 - Council Agenda
March 22, 2005
Council previously approved the Veterans Park, Salt Creek Park and Montevalle Park
capital improvement projects. All three parks contain budgets to outfit each facility
necessary to provide community recreation services. Adoption of the resolution approves
the establishment of a new capital improvement project to consolidate all three furniture,
fixtures and equipment budgets into one project, transferring existing funds and
appropriating funds thereof. (Director of General Services)
Staff recommendation: Council adopt the resolution.
11 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FIRST AMENDMENT TO THE AGREEMENT WITH RUDOLPH
AND SLETTEN, INC TO INCORPORATE THE GUARANTEED MAXIMUM PRICE
(GMP) FOR THE DESIGN AND CONSTRUCTION OF SALT CREEK COMMUNITY
PARK (CIP PR251), LOCATED IN THE EASTLAKE TRAILS NEIGHBORHOOD OF
EASTERN CHULA VISTA, APPROPRIATING FUNDS NECESSARY TO
COMPLETE THE PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AMENDMENT
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ESTABLISHING A SEPARATE CAPITAL IMPROVEMENT PROJECT FOR THE
RECREATION FACILITY COMPONENT OF SALT CREEK COMMUNITY PARK,
"SALT CREEK 'RECREATION FACILITY", (CIP PR271), TRANSFERRING
EXISTING PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FUNDS IN PR251
TO PR271, AND APPROPRIATING FUNDS NECESSARY TO COMPLETE THE
PROJECT
The City Council previously approved CIP project No. PR251 and the Master Plan for
Salt Creek Park, which conceptually designed and provided for the construction of a
completed and fully functional park and recreation center. . On November 4, 2003 by
Resolution 2003-452, Council approved a Design Build Agreement with Rudolph and
Sletten, Inc. for this project. The Design Build Agreement contained a not-to-exceed
price of $12,044,814, with the GMP to be set upon receipt of 90% construction drawings.
The project is nearing the end of the design phase and ready to start the construction
phase in March. Adoption of the resolution approves the rust amendment, setting the
Guaranteed Maximum Price (GMP) at $13,493,898, which is comprised of $7,7-15,252
for the park and $5,778,646 for the building. (Director of General Services)
Staff recommendation: Council adopt the resolutions.
12 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AGREEMENT WITH HIRSCH & COMPANY, TO PROVIDE
PROFESSIONAL ENGINEERING SERVICES FOR CLOSED-CIRCUIT
TELEVISING (CCTV) INSPECTIONS AND CONDITION ASSESSMENTS,
REHABILITATION RECOMMENDATIONS AND PRIORITIZATION OF THE
CITY'S CORRUGATED METAL PIPE (CMP) PIPELINES AND ASSOCIATED
IMPROVEMENTS FOR THE CITY OF CHULA VISTA, AND AUTHORIZING THE
MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY
Page 5 - Council Agenda
March 22, 2005
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ESTABLISHING A CAPITAL IMPROVEMENT PROJECT ENTITLED "04/05
CORRUGATED METAL PIPE (CMP) REHABILITATION PROGRAM PHASE I,
CCTV", (CIP DR-l64), AND TRANSFERRING EXISTING FUNDS FROM CIP
"WESTERN CHULA VISTA INFRASTRUCTURE" (GG-188) TO DR-l64 FOR SAID
PURPOSE
Approximately 88,000 linear feet of corrugated metal pipe (CMP) currently exists within
the limits of Chula Vista. The pipe segments are located throughout the City within
rights-of-way, easements, private property and/or undeveloped areas and are currently
being used to convey sto= water runoff. The City is in need of a qualified consultant to
survey, inspect, and assess the current condition of these pipes, as well as to provide
recommendations on their rehabilitation and a prioritization of this rehabilitation.
Adoption of the resolutions approves an agreement with Hirsch & Company to provide
professional engineering services, and to establish a CIP for closed-circuit televising
work. (Director of General Services)
Staff recommendation: Council adopt the resolutions.
13.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WAIVING THE FORMAL BIDDING PROCESS AND APPROVING A THREE-
PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA, ENVIRON
INTERNATIONAL CORPORATIqN (CONSULTANT), AND ACI SUNBOW, LLC
(APPLICANT), FOR CONSULTING SERVICES RELATED TO THE PREPARATION
OF A HEALTH RISK ASSESSMENT, A PHASE 1 ENVIRONMENTAL SITE
ASSESSMENT, A NOISE ANALYSIS, AN ODOR ANALYSIS, AND A NUISANCE
DUST ANALYSIS, ASSOCIATED WITH THE APPLICANT'S REQUEST FOR A
GENERAL PLAN AMENDMENT TO ALLOW RESIDENTIAL LAND USES ON
PARCELS ADJACENT TO THE OTAY LANDFILL THAT ARE CURRENTLY
DESIGNATED FOR INDUSTRIAL USES
The applicant, ACI Sunbow, LLC has filed a general plan amendment application to
allow residential land uses on parcels adjacent to the Otay Landfill that are currently
designated for industrial uses. The Environmental Review Coordinator has dete=ined
that the proposed project requires the preparation of a health risk assessment (HRA), a
Phase 1 environmental site assessment, a noise analysis, an odor analysis, and a nuisance
dust analysis, in order to determine the health risks associated with placing residential
development adjacent to the Otay Landfill operation. Adoption of the resolution approves
an agreement with Environ International Corporation for an amount not to exceed
$105,500 to provide consultant services for the preparation of the HRA and Phase 1
envirorunental site assessment, and an additional $26,375 for other services should they
be necessary. (Director of Planning and Building)
Staff recommendation: Council adopt the resolution.
ORAL COMMUNICATIONS
Persons speaking during Oral Communications may address the Council on any
subject matter within the Council'sjurisdiction that is not listed as an item on the
agenda. State law generally prohibits the Council from taking action on any issue
not included on the agenda, but, if appropriate, the Council may schedule the
topic for fUture discussion or refer the matter to staff. Comments are limited to
three minutes.
Page 6 - Council Agenda
March 22, 2005
PUBLIC HEARINGS
The following items have been advertised as public hearings as required by law.
If you wish to speak on any item, please fill out a "Request to Speak" form
(available in the lobby) and submit it to the City Clerk prior to the meeting.
14.
CONSIDERATION OF ACCEPTANCE OF $98,679 FROM THE 2005 EDWARD
BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
The Police Department has recently received notice of an Edward Byrne Memorial
Justice Assistance Grant (JAG) award in the amount of $98,679 ITom the Bureau of
Justice Assistance (BJA). These funds were allocated to the Police Department based on
population and Part 1 violent crime statistics. Part 1 violent crimes include murder and
non-negligent manslaughters, forcible rape, robbery, and aggravated assaults as reported
by the FBI. Acceptance and appropriation of these funds requires a public hearing per
stipulations of the Justice Assistance Grant. (Chief of Police)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
15.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING $98,679 FROM THE 2005 EDWARD BYRNE MEMORIAL
JUSTICE ASSISTANCE GRANT, AMENDING THE FY 2004/2005 POLICE
DEPARTMENT SUPPLIES AND SERVICES AND CAPITAL BUDGETS,
AND APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED)
CONSIDERATION OF ANNEXATION OF TERRITORY TO COMMUNITY
FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT)
On February 1, 2005, the City Council initiated the Community Facilities District No. 97-
2 (preserve Maintenance District) (CFD No. 97-2) annexation proceedings. Adoption of
the resolutions is the next step in the formal proceedings to annex the territory within
Village 12 (McMillin Freeway Commercial) into Improvement Area A of CFD No. 97-2.
Improvement Area A funds the costs of the Resource Monitoring Program as well as
Preserve Operations and Maintenance. The City has retained the services of
MuniFinancial as special tax consultant and Best Best and Krieger LLP as legal counsel
to provide assistarice during the proceedings. (Director of General Services, City
Engineer)
Staff recommendation: Council conduct the public hearing and adopt the following
resolutions:
A.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), MAKING
CERTAIN DETERMINATIONS AND AUTHORIZING SUBMITTAL OF
LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF CERTAIN
TERRITORY PROPOSED TO BE ANNEXED TO SUCH COMMUNITY
FACILITIES DISTRICT
Page 7 - Council Agenda
March 22, 2005
B.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 97-2 (pRESERVE MAINTENANCE DISTRICT),
DECLARING THE RESULTS OF A SPECIAL ELECTION IN THAT AREA
DESIGNATED AS COMMUNITY FACILITIES DISTRICT NO. 97-2
(pRESERVE MAINTENANCE DISTRICT), IMPROVEMENT AREA A,
ANNEXATION NO.4, AND ADDING SUCH TERRITORY TO SUCH
IMPROVEMENT AREA
16.
CONSIDERATION OF THE FORMATION OF ASSESSMENT DISTRICT 2004-1
(DIXON DRIVE)
Residential properties along Dixon Drive, between Naples Street and Oxford Street, are
currently without curbs, gutters, or sidewalks. Twenty-eight of the thirty-eight property
, owners have signed a petition requesting that special assessment district proceedings be
commenced for the purpose of financing the construction of these improvements. Staff
has completed preliminary design and cost estimates for this project. On January 25,
2005 Council approved the proposed boundary map and preliminary Assessment
Engineer's Report, set a public hearing and ordered the initiation of ballot proceedings.
(Director 0 f General Services)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DECLARING THE RESULTS OF THE ASSESSMENT BALLOT
TABULATION FOR ASSESSMENT DISTRICT 2004-1 (DIXON DRIVE),
MAKING FINDINGS PURSUANT TO THE IMPROVEMENT ACT OF 1913
AND ARTICLE XIIID OF THE CONSTITUTION OF THE STATE OF
CALIFORNIA, AND ORDERING THE CONSTRUCTION OF
IMPROVEMENTS
17. . CONSIDERATION OF AN AMENDMENT TO THE EASTLAKE BUSINESS
CENTER n SECTIONAL PLANNING AREA (SPA) PLAN, PLANNED
COMMUNITY DISTRICT REGULATIONS, DESIGN GUIDELINES AND
ASSOCIATED REGULATORY DOCUMENTS (pCM-04-16; THE EASTAKE
COMPANYLLC)
The EastLake Company, LLC submitted an application to 1) amend the land use district
map in order to add a design district overlay over a 36-acre portion of land with a BC-1
land use designation, and define allowable land uses within the overlay area; and 2)
amend the design guidelines to add sign criteria specific for businesses located within the
design district overlay. (Director of Planning and Building)
Staff recommendation: Council conduct the public hearing, place the following
ordinance on first reading, and adopt the following resolution:
Page 8 - Council Agenda
March 22, 2005
A.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AMENDMENTS TO THE EASTLAKE BUSINESS CENTER II
SUPPLEMENTAL SPA PLANNED COMMUNITY DISTRICT
REGULATIONS AND LAND USE DISTRICT MAP, TO DEFINE
PERMITTED LAND USES WITHIN A 36-ACRE, NEWLY CREATED
DESIGN DISTRICT OVERLAY LOCATED AT THE INTERSECTION OF
OTAY LAKES ROAD AND FENTON AVENUE/SHOWROOM PLACE
WITHIN THE EASTLAKE BUSINESS CENTER (FIRST READING)
B.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AMENDMENTS TO THE EASTLAKE BUSINESS CENTER II
SUPPLEMENTAL SPA
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
18.
CITY MANAGER'S REPORTS
19.
MAYOR'S REPORTS
20.
COUNCIL COMMENTS
ADJOURNMENT to an Adjourned Regular Meeting on March 29, 2005 at 6:00 p.m., and
thence to the Regular Meeting of AprilS, 2005, at 4:00 p.m. in the Council
Chambers.
Page 9 - Council Agenda
March 22, 2005
pageR"~-
~~@~e 03/08/2005
~~t>-\)\~
c:§:.vO"i:\\'J
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010, RELATING
TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS.
ORDINANCE NO.
Whereas, the Human Resources Department has created new classifications to
better reflect the needs of the City's workforce; and
Whereas, the Charter Section 500(a) requires that all new unclassified positions
be adopted by ordinance and a four-fifths vote of the Council.
NOW THEREFORE, the City Of Chula Vista does ordain as follows:
SECTION I: That Section 2.05.010 of the Chula Vista Municipal Code is hereby
amended to read as follows:
2.05.010 Unclassified positions established.
In addition to those unclassified positions specifically delineated in Section 500 of the
Charter of the city, there are established the unclassified positions entitled deputy city
manager, administrative services manager, deputy fire chief, assistant fire chief,
assistant chief of police, assistant director of finance, assistant director of budget and
analysis, fiscal operations manager, funds development strategic planning manager,
purchasing agent, treasury manager, assistant director of human resources, director of
employee development, risk manager, assistant director of public works and operations,
assistant director of building and housing, deputy building official, building services
manager, building and park construction manager, parks and open space manager,
assistant director of recreation, housing coordinator, real property manager, transit
coordinator, assistant director of community development, community relations
manager, western Chula Vista development manager, traffic engineer, deputy director
of engineering, assistant library director, chief learning officer, director of
comrnunications, police captain, director of conservation and environmental services,
deputy directorof planning, assistant director of planning, special planning projects
manager, general plan project manager, chief of staff, constituent services manager,
community liaison (assigned to the office of the mayor and city council), California
border alliance group deputy executive director, Califomia border alliance group budget
manager, California border alliance group meth. strike force coordinator, Califemia
Ðor-Gor alliance ¡¡¡roup network asrninistKltor, California border alliance group
operations/intelligence coordinator, California border alliance group program analyst,
California border alliance group management assistant, California Ðorder alliancogroup
newlOrI< assistant and regional computer forensic laboratory network engineer,
California border alliance group executive assJstant, Califomia border alliance fI.I:Q!!Q
network manaoer. California border alliance croup network administrator 1.. California
border alliance 9.!:Q!!Q network administrator 11. California border alliance 9IQ!!Q. oraphics
1-1
Page. Item-
Meeting Date 03/08/2005
desiGner/web master, energy services manager, communications manager, office
specialist (mayor's office), intergovernmental affairs coordinator.
SECTION II: This ordinance shall take effect and be in full force and effect upon its
second reading and adoption.
Submitted by:
Approved as to form by:
Marcia Raskin
Director of Human Resources
1-2
In
COUNCIL AGENDA STATEMENT
Item :;:2
Meeting Date 3/22/05
ITEM TITLE:
Resolution Approving the Amendment to the Four-Year Transnet, Local
Streets and Roads Program of Projects for Fiscal Years 2004-05 through 2007-08
for submittal to the San Diego Association of Governments (SANDAG) for
inclusion in the Regional Transportation Improvement Program (RTIP)
SUBMITTED BY:
Director of General Services/ City Engineer ók-
City Manager ~Q\'" (4/5ths Vote: Yes_Nol)
REVIEWED BY:
SANDAG has requested that local agencies submit requests for amendments to existing projects included
in the current Regional Transportation Improvement Program (RTIP). The current 2004-05 RTIP includes
City of Chula Vista transportation projects covering Fiscal Years 2004-05 through 2007-08. The annual
development and approval ofthe RTIP by SANDAG are requirements for the continued receipt of State
and Federal transportation project funding. Chula Vista's proposed amendments to the RTIP involve
adjusting the amount of Transnet funding among existing and proposed Capital Improvement Program
projects for Chula Vista.
RECOMMENDATION: That Council approve the resolution and the submittal of Chula Vista's
Transportation Improvement Program amendment fo=s to SANDAG for inclusion in the RTIP.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The voters of San Diego County approved the Transnet Program as Proposition 'A' in November 1987.
This proposition enacted a Y2 percent increase in the Countywide sales tax through 2008 to fund specified
transportation programs and projects. One third of the revenues generated by the tax are allocated by
SANDAG to the local agencies for local streets and roads purposes. The other two thirds are split between
two additional primary purposes: regional highway improvements and public transit. The Transnet
ordinance provides that the use of Transnet revenue be prioritized as follows:
1.
2.
3.
To repair and rehabilitate existing roadways.
To reduce congestion and improve safety.
To provide for the construction of needed facilities.
Transnet revenue forecasts are based on each City's current population and miles of maintained streets and
roads. Every two years, as these data change, SANDAG updates its RTIP and releases new funding
proj ections for the cities within San Diego County. At those intervals, cities have the opportunity to amend
their fund programming, using the Transnet Program guidelines. In 2004 City staff submitted to SANDAG
the FY 2005-08 RTIP submittal package, which was approved by City Council after a public hearing per
Resolution 2004-057 on February 24, 2004.
2-1
Page 2, Item ~
Meeting Date 3/22/05
SANDAG has recently requested local agencies to submit amendment forms for projects to be included in
the Fiscal Years 2004-05 through 2007-08 R TIP. An R TIP amendment is required for inclusion of all new
projects, or a change of funding amounts for existing projects, which are funded by Transnet. Amendments
to the existing R TIP require City Council approval to be included with the submittal package to SANDAG
if the total funds appropriated for each project differ fÌom the amount previously approved. In order to
meet the deadline for the April 15, 2005 R TIP amendment, documentation on the revised projects must be
submitted to SANDAG by March 25, 2005.
Attachment I includes a list of all projects that will be included in the RTIP amendment along with annual
and total four-year funding recommendations. The total four-year RTIP funding is estimated to be reduced
fÌom $23,700,000 to $22,700,000 based on revised RTIP fund balance information provided by SANDAG
in December 2004. The following new projects have been included:
I. The Advance Planning Studies project, which will create an inventory of the City's infrastructure
and an infÌastructure deficiency database. The total RTIP funding for said Capital Improvement
Project is proposed to be $50,000 per year beginning in FY 2005-06.
2. The Castle Park Elementary Sidewalks project (STL-287), which includes construction of
sidewalks along Naples Street and Tobias Drive in order to provide a safe walking path for
elementary school students. The total RTIP funding is proposed to be $150,000 in FY 2005-06.
3. The Fourth Avenue Sidewalk Improvements between L Street and Orange Avenue (STL-291). The
total RTIP funding is proposed to be $1,200,000 in FY 2005-06. The project is part of a larger
utility under-grounding project and street light project. The sidewalk portion will be undertaken
once the under-grounding and street light component is completed.
4. The Third Avenue Sidewalk Improvements between D Street and Fourth Avenue (STL-299). The
total RTIP funding is proposed to be $300,000 in FY 2005-06. This project will eliminate a gap in
the area's sidewalk system. The project will eliminate that gap and create an important pedestrian
connection fÌom the residential areas along Third Avenue to the commercial establishments along
Fourth Avenue.
The addition of said new projects and cost increases in current projects resulted in the reduction of
Pavement Management and Rehabilitation Program funding fÌom $14,000,000 to $9,500,000. Staff is
proposing to replace the City's pavement management system in order to review the condition of all streets
in the City and spend street rehabilitation money more effectively. It should also be noted that City will
expend $1.5 million in non- Transnet funds on pavement rehabilitation efforts in FY2005 and will seek
other possible sources offunding to augment our pavement rehabilitation efforts. Additionally, funds will
not be allocated for the North Fourth Avenue and Brisbane project. This project is part of the Fourth
Avenue Reconstruction project, and the two projects will be combined for a total cost of $5,000,000, an
increase over the previous year's amount of $3,500,000.
Staff is proposing that the project Main Street! I-80S Interim Improvements be added to the RTIP at a total
cost of$I.85 million. The northbound lanes will include ramp metering and had previously been part of a
larger State Transportation Improvement Program (STIP) funded project for ramp metering at five
locations along I-80S at a total cost of approximately $10.8 million. The southbound lanes are included in
the CIP program as project STM-35 I to construct dual left-turn lanes at Main Street for motorists entering
the southbound I-80S. Funding is anticipated to be fÌoÏn the Transportation Development Impact Fees, so
it is not shown on Attachment 1. However, anRTIP form will be submitted to SANDAG for this project,
2-2
Page 3, Item ~
Meeting Date 3/22/05
because it is anticipated that the City receive $1.25 million in STIP funding reimbursement for this project
in the future.
FISCAL IMPACT: There is no impact to the General Fund.
Attachment
1. Projected Allocation of Transnet Funds
J:\EngineerIAGENDAICAS2005\3-22-05\RTIP Amendment Apr 2005.emc.DOC
2-3
ATTACHMENT 1
Projected Allocation of TransNet Funds - FY 2005 through FY 2008
PROJECT FY 04/05 FY 05/06 FY 06/07 FY 07/08
Pavement Management and $3,500,000 $3,400,000 $1,600,000 $1,000,0001 $9,500,000
Rehabilitation Program
:Advance Planning Studies $0 $50,000 $50,000 $50,00 $150,0001
North Fourth Ave and Brisbane St $0 $0 $0 $ $0
Fourth Ave Reconstruction between $2,000,000 $0 $3,000,000 $ $5,000,000¡
Davidson St and SR-54
'" ¡Castle Park Elementary Sidewalks $0 $150,000 $ 01 $01 $150,000
I
.þ.
:Fourth Avenue Sidewalk Improvements I $01 $1,200,0001 $01 $01 $1,200,000
L St. to Orange Ave. (STL-291)
Sidewalk Improvements on Third 1 $01 $300,0001 $01 $01
Avenue between D St. and Fourth Ave. $300,0001
(STL-299
1N0rth Broadway Reconstruction (STM- I $1,500,0001 $01 $400,0001 $4,300,0001 $6,200,000
354)
Sidewalk InstallationlRehabilitation I $94,0001 $01 $01 $106,0001 $200,000,
Program
H,IENGINEERlRESOSIResos2005\3-22-O5IRTIP- TABLE I æv2.emc.doc
RESOLUTION NO. 2005--
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE AMENDMENT TO THE
FOUR-YEAR TRANSNET, LOCAL STREETS AND ROADS
PROGRAM OF PROJECTS FOR FISCAL YEARS 2004-05
THROUGH 2007-08 FOR SUBMITTAL TO THE SAN DIEGO
ASSOCIATION OF GOVERNMENTS (SANDAG) FOR
INCLUSION IN THE REGIONAL TRANSPORTATION
IMPROVEMENT PROGRAM (RTIP)
WHEREAS, on February 24, 2004, the Chula Vista City Council held a public hearing
and approved Resolution No. 2004-057 adopting a new four-year list of Transnet projects for
inclusion in the Regional Transportation Improvement Program (R TIP) for Fiscal Years 2004-05
through 2007 08; and
WHEREAS, this was done in compliance with State and Federal laws, which require the
San Diego Association of Govemments (SANDAG) to develop and adopt a RTIP every two
years in order to continue receiving Federal and State funding; and
WHEREAS, at intervals between the RTIP updates, cities are required to submit RTIP
amendments if there are changes and/or additions in project funding; and
WHEREAS, as the City's infiastructure projects have been completed or design plans
have been further developed, thus refilling scope of work and cost estimates, it has become
necessary to adopt a new four-year list of Transnet projects for inclusion in the RTIP for Fiscal
Years 2004-05 through 2007-08; and
WHEREAS, updated information on the City's fund balance with SANDAG has resulted
in a change in projected Transnet revenue over Fiscal Years 2004-05 through 2007-08; and
WHEREAS, the proposed list of projects to be funded by Transnet, provided in the
attached table (Attachment I), is consistent with the City's Capital Improvement Program; and
WHEREAS, it is also proposed that the project Main Street! I-80S Interim Improvements,
estimated to cost $1,600,000, also be submitted for inclusion in the RTIP; and
WHEREAS, the Main Street! I-80S Interim Improvements project is anticipated to be
funded through Transportation Development Impact Fees but it is anticipated that the City will
apply for State Transportation Improvement Program funds in the future, which would require
inclusion in the RTIP.
NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula Vista
does hereby approve the submittal of the amendment of Chula Vista's portion of the Regional
2-5
Transportation Improvement Program for Fiscal Years 2004-05 through 2007-08 to SANDAG
consisting ofthe aforementioned projects.
Presented by:
Approved as to form by:
~l,H-
-
Jack Griffin
General Services Director
Ann Moore
City Attorney
homeIO/lomeyl",",olst,eetsIRTJP Amendment FYs OJ-OB.doc
2-6
ATTACHMENT 1
Projected Allocation of TransNet Funds - FY 2005 through FY 2008
PROJECT I FY 04/05 FY 05/06 FY 06/07 FY 07/08 TOTAL
Pavement Management and $3,500,000 $1,600,000 $9,500,000,
Rehabilitation Program
Advance Planning Studies $0 $50,000 $50,000 $150,000
North Fourth Ave and Brisbane St $0 $0 $0 $0
Fourth Ave Reconstruction between $2,000,000 $0 $3,000,000 $ $5,000,000
IDavidson St and SR-54
I
N l~ast1e Park Elementary Sidewalks $0 $150,000 $ 01 ",vI $150,0001
I
......
Fourth Avenue Sidewalk Improvements I $01 $1,200,0001 $01 $o $1,200,000
L St. to Orange Ave. (STL-291)
Sidewalk Improvements on Third $01 $300,0001 $01
Avenue between D St. and Fourth Ave. 1 I $300,000
(STL-299)
North Broadway Reconstruction (STM- I $1,500,0001 $01 $400,0001 $4,300,00o $6,200,0001
354)
Sidewalk Installation/Rehabilitation I $94,0001 $01 $01 $1O6,00o $200,000
'Program
H:IENGINEERlRESOSIResos2005\3-22-051R TIP-TABLE I <ov2.emc .doc
COUNCIL AGENDA STATEMENT
Item :3
Meeting Date 3/22/05
ITEM TITLE:
Resolution Approving an agreement with MuniFinancial, LLC
for Special Tax Consultant Services for the Formation of Maintenance
Community Facilities District for Otay Ranch Village 7, pursuant to the.
"Mello-Roos Community Facilities Act of 1982", and authorizing the Mayor
to execute said Agreement.
Resolution Approving an agreement retaining the firm Best
Best and Krieger, LLP, as the Special Tax Legal Counsel for the Formation of
the Maintenance Community Facilities District for Otay Ranch Village 7,
pursuant to the "Mello-Roos Community Facilities Act of 1982", and
authorizing the Mayor to execute said Agreement.
Resolution Approving the initiation of proceedings to
consider the formation of Community Facilities District No.12-M (Otay
Ranch Village Seven) for McMillin Otay Ranch LLC and Otay Project L.P.
and approving the form of two Reimbursement Agreements.
SUBMITTED BY: Director of General Services/City Engineer ók'
REVIEWED BY: CityManagero/;°1'" (4/5thsVote: Yes_NolL)
This report discusses the selection process for retaining a special tax consultant with expertise in the
formation of Maintenance Community Facilities Districts, pursuant to the "Mello- Roos Community
Facilities Act of 1982" and the justification for waiving the formal consultant selection process for
the Special Tax Legal Counsel. Also, in compliance with Council Policy, McMillin Otay Ranch
LLC and Otay Project L.P. have submitted an application for establishing Community Facilities
District No. 12-M ("CFD-12-M") to fund the maintenance of certain public improvements serving
Chula Vista and development improvements serving the Otay Ranch Vill<lge Seven project.
Tonight, Council will consider the approval of the two consultant agreements and the initiation of
this CFD-12cM and provide direction to City staff to proceed with the formation requirements,
boundaries and other pertinent elements.
RECOMMENDATION: That Council approve the resolutions approving the agreements with
MuniFinancial, LLC for Special Tax Consultant Services and with Best Best and Krieger, LLP for
Special Tax Legal Counsel Services for the Formation of the Maintenance District for Otay Ranch
Village 7, adopt the resolution initiating proceedings for the formation ofCFD-12-M, and authorize
the Mayor to sign said agreements.
3-1
Page 2 Item~
Meeting Date 3/22/05
BOARDS/COMMISSIONS RECOMMENDATION: N/A.
DISCUSSION:
MuniFinancial
With the approval from the City's Purchasing Division, Staff prepared and issued a Request for
Proposals (RFP) in November 2004 with the intent to negotiate a contract for the Special Tax
Consultant Services for the proposed Community Facilities District (CFD) within Otay Ranch
Village 7 project. A total of three (3) proposals were received. Each proposal was reviewed by the
Engineering Division based on several key factors such as: the consultant's past experience with
similar projects, work history with other public agencies, cost and ability to meet a tight project
schedule. In addition, each of the consultant teams were interviewed by Engineering, Landscape
Architecture and Open Space staff in 2001 prior to the selection ofMuniFinancial for the Village 6
CFD.
MuniFinancial was selected as the most qualified for the formation of this maintenance district. The
three firms who submitted proposals were ranked by the selection committee in order of preference
as follows:
1) MuniFinancial
2) Koppel and Gruber
3) McGill Martin Self
Koppel and Gruber and McGill Martin Self were both determined to be qualified to provide the
services and have been designated as negotiation alternates.
The fundamental criteria that was used to evaluate the proposals involved evaluation of the
consultant and subconsultant strengths and expertise in their respective fields, the consultant's
understanding of the project's need for a CFD-based maintenance district, ability to meet the City's
and Developer's schedule, previous experience in establishing similar districts on time and within
budget, demonstrated understanding of the City's CFD policy and ability to focus on the City's and
Developers requirements for this type of maintenance financing mechanism.
Staff negotiated an agreement with MuniFinancial to provide special tax consultant services for the
proposed CFD. This agreement is now before Council for approval. MuniFinancial will provide the
special tax consultant services for the formation of the Maintenance Community Facilities District on
a single fixed fee basis of$19,000.00.
Best Best & Krie!!er
The special tax counsel selected by the City, under a separate agreement, to provide the Special Tax
Legal Counsel Services during the formation of the district is Warren Diven, Attorney, of the law
firm of Best Best & Krieger, LLP.
3-2
Page 3 Item =<
Meeting Date 3/22/05
Best, Best & Krieger, LLP will provide legal counseling during the formation of all the district for a
fee not to exceed $10,000 for the district. Warren Diven, currently "of counsel" to Best Best &
Krieger, would be lead counsel for the firm and would be responsible for the delivery of all legal
services for this agreement. Mr. Diven was selected based on the quality of previous similar work
performed in association with the City's formation of various financing district over a period of 15
years. Mr. Diven is very familiar with the current development in eastern Chula Vista. He has
provided legal services to the City for the formation of major open space district in that area
(Eastlake I, Rancho Del Rey, Sunbow, and Otay Ranch). In addition, he has been the legal counsel
on the majority of the existing assessment and CFDs formed to finance the construction of backbone
facilities serving the major developments in the area.
Initiation of the CFD
The "Mello-Roos Act" allows for the creation of Community Facilities Districts (CFD's) for
fmancing the maintenance of public facilities needed for the City or development. The CFD will
levy a special tax that is collected with the property taxes. There is no direct cost to the City.
City Council has approved previous agreements with the proposed consulting teams for the
formation of similar Community Facilities Districts. .
The selection of the consultant team and their proposed fees are comparable to those charged for
existing maintenance districts and will have no direct impact on the General Fund or the City, but
will be funded by the developers. The agreements are substantially in the form of the City's standard
two-party agreement. They have been reviewed and approved by the City Attorney as to form.
Tonight's agenda will start the formation process and set in motion the required steps and schedules
for the authorization to levy special tax taxes with the CFD.
Procedure for formation of Community Facilities District No. 12-M
Following are the key actions that Council would take during the proceedings for CFD-12-M:
I.
Approval of the initiation of proceedings for formation of the proposed CFD and
approval of Reimbursement Agreements to require that McMillin and the Otay Ranch
Company advance funds to the City to pay for all costs incurred by the City in
undertaking the proceedings to form CFD-12-M.
2.
Approval of Resolution of Intention (ROI) to establish CFD-12-M.
3.
Adopting the boundaries ofthe CFD and ordering the preparation of the Special Tax
Report.
4.
Holding public hearing, approval of Resolution to Formation (ROF), voter's election,
and levy of the special taxes.
3-3
Page 4 Item ~
Meeting Date 3/22/05
Exhibit 1 presents the boundaries of the proposed CFD-12-M, which includes parcels located within
Otay Ranch Village Seven (424.4 gross acres). At buildout there will be 1,204 residential units, an
11.1 acre elementary school site, a 7.6 acre park and 1.1 acres of Community Purpose Facility
parcels.
The proposed district will [mance the maintenance of improvements including, but not limited to,
open space lots, street medians and parkways along City's Class III Streets or higher, detention
basins, and other miscellaneous landscaping improvements at subdivision entries and intersections
and landscaped buffer zones located along major roadways. A complete list of improvements will be
specified in the Special Tax Report. The complete scopes of work are included in the agreements
and attached to the Resolutions.
FISCAL IMP ACT: The contract is for establishing the district. The total cost for each consultant
is not expected to exceed $19,000 for MuniFinancial and $10,000 for Best Best & Krieger, LLP for
their assistance. All costs will be paid through deposit accounts funded by each developer. Over the
past 12 months MuniFinancial has billed the City $66,277 for contracted professional services while
Best Best &Krieger has billed $24,220 for legal services involving Community Facilities District
formation.
Attachments: Exhibit A- Otay Ranch Village 7
Agreement with MuniFinancial
Agreement with Best Best and Krieger
Reimbursement Agreements
IIEngln",IAGENDAICAS200513-12-051CFD/2M ¡nitlotl,n 'f P"",dln.,.d"
3-4
EXHIBIT A
INrRODUC!10N
-
.-. SIX
-1...-
SiteUtiHzation Plan
~
J
~
Na_"". .a..u.. AcAo
P'j Pub/I. Parle 7.6
P2ICPF.j <;F'I'~O$J 1.1
P:IICPF,2a <;PF._.OS¡ 0,7
CPF-2b cPF 1.0
S.1 HIgh ""hool -,...... ;23..,
S4 EI.... sch",,1 l1J
OS Open spa.. r_""i 47.8
Un_I._. Un.....na... U.., 121.3
Clr. Circulation ~
(7~....,...."I
~'!'1::. Vista Verde
~~ Village Seven. Otay Ranch
Total No...Re,ldan6.1 27'"
VILLASETOTAI. ""'&4
'Refe<IoSPATa"""_~Io-""""-
01 ! Land ".,.,,~g
fi.'J9 m
. - - 6~
Exhibit 1.7
(06/30/04)
SPA PLAN
11.2.1-19
3-5
RESOLUTIONNO.200S--
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT WITH
MUNIFINANCIAL, LLC FOR SPECIAL TAX CONSULTANT
SERVICES FOR THE FORMATION OF MAINTENANCE
COMMUNITY FACILITIES DISTRICT FOR OTAY RANCH
VILLAGE 7, PURSUANT TO THE "MELLO-ROOS
COMMUNITY FACILITIES ACT OF 1982", AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
WHEREAS, staff issued a Request for Proposals (RFP) in November 2004 for a contract
for the Special Tax Consultant Services for the proposed Community Facilities Districts (CFD)
within the Otay Ranch Village 7 project; and
WHEREAS, three proposals were received, and with the approval of the City's
Purchasing Division, the Engineering Division has reviewed the proposals of all three consultant
teams; and
WHEREAS, the selection committee selected MuniFinancial as the most qualified for the
maintenance district formation based on the consultant's past experience with similar projects,
work history with other public agencies, cost and ability to meet a tight project schedule; and
WHEREAS, the three firms who submitted proposals were ranked by the selection
committee in order of preference as follows:
1)
2)
3)
MuniFinancial
Koppel and Gruber
McGill Martin Self
WHEREAS, Koppel and Gruber and McGill Martin Self were both determined to be
qualified to provide the services and have been designated as negotiation alternates.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista, does hereby approve an Agreement with MuniFinancial, LLC for Special Tax Consultant
Services for the formation of the Maintenance Community Facilities Districts for Otay Ranch
Village 7, pursuant to the "Mello-Roos Community Facilities Act of 1982," a copy of which
shall be kept on file in the Office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said agreement on behalf of the City. .
Presented by
Approved as to form by
Jack Griffin
Director General Services
H,IENGINEERIRESOSlResos200513-22-05ICFD12M Munitìnancia1.doc .
~ #Zff-
3-6
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
þ£l, ?~
Ann Moore
City Attorney
Dated: J /i çj ~
Agreement with Munifinancial, LLC for
Special Tax Consultant Services for the Formation
Of Maintenance Community Facilities District for
Otay Ranch Village 7
3-7
Parties and Recital Page(s)
Agreement between
City of Chula Vista
and
MuniFinancial
For Special Tax Consultant Services for the Fo~ation of
Community Facilities Districts within the
City Of Chula Vista Pursuant to the Mello-Roos
Community Facilities Act of 1982
This agreement ("Agreement"), dated March 22, 2005 for the purposes
of reference only, and effective as of the date last executed
unless another date is otherwise specified in Exhibit A, Paragraph
1 is between the City-related entity as is indicated on Exhibit A,
paragraph 2, as such ("City"), whose business form is set forth on
Exhibit A, paragraph 3, and MuniFinancial, the entity indicated on
the attached Exhibit A, paragraph 4, as Consultant, whose business
form is set forth on Exhibit A, paragraph 5, and whose place of
business and telephone numbers are set forth on Exhibit A,
paragraph 6 (" Consul tant"), and is made with reference to the
following facts:
Recitals
Whereas, the City is desirous of retaining a firm to provide
project management and special tax consultant services in order to
ensure the timely formation of Community Facility Districts for the
financing of public infrastructure maintenance for the Otay Ranch
Village Seven proj ect as further defined in Exhibit A of this
Agreement; and
Whereas, Consultant was selected based on the quality of
previous similar work performed in association with the City's
formation of Community Facilities Districts in other parts of
Eastern Chula Vista; 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.
(End of Recitals.
Next Page starts Obligatory Provisions.)
Page 1
Standard Form Two Party Agreement (Four~eenth Revision)
3-8
Obligatory Provisions Pages
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do
hereby mutually agree as follows:
1.
Consultant's Duties
A.
General Duties
Consultant shall perform all of the services described on the
attached Exhibit A, Paragraph 7, entitled "General Duties"; and,
B.
Scope of Work and Schedule
In the process of performing and delivering said "General
Duties", Consultant shall also perform all of the services
described in Exhibit A, Paragraph 8, entitled" Scope of Work and
Schedule", not inconsistent with the General Duties, according to,
and within the time frames set forth in Exhibit A, Paragraph 8, and
deliver to City such Deliverables as are identified in Exhibit A,
Paragraph 8, within the time frames set forth therein, time being
of the essence of this agreement. The General Duties and the work
and deliverables required in the Scope of Work and Schedule shall
be herein referred to as the "Defined Services". Failure to
complete the Defined Services by the times indicated does not,
except at the option of the City, operate to terminate this
Agreement.
C.
Reductions in Scope of Work
City may independently, or upon request from Consultant, from
time to time reduce the Defined Services to be performed by the
Consultant under this Agreement. Upon doing so, City and
Consultant agree to meet in good faith and confer for the purpose
of negotiating a corresponding reduction in the compensation
associated with said reduction.
D.
Additional Services
In addition to performing the Defined Services herein set
forth, City may require Consultant to perform additional consulting
services related to the Defined Services ("Additional Services"),
and upon doing so in writing, if they are within the scope of
services offered by Consultant, Consultant shall perform same on a
time and materials basis at the rates set forth in the "Rate
Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed
fee is otherwise agreed upon. All compensation for Additional
Services shall be paid monthly as billed. All additional services
shall be approved in writing by the City Manager with a revised
Exhibit C setting forth maximum compensation limits.
Page 2
Standard Form Two Party Agreement (Fourteenth Revision)
3-9
E.
Standard of Care
Consultant, in performing any Services under this agreement,
whether Defined Services or Additional Services, shall perform in a
manner consistent with that level of care and skill ordinarily
exercised by members of the profession currently practicing under
similar conditions and in similar locations.
F.
Insurance
Consultant represents that it and its agents, staff and
subconsultants employed by it in connection with the Services
required to be rendered, are protected against the risk of loss by
the following insurance coverages, in the following categories, and
to the limits specified, policies of which are issued by Insurance
Companies that have a Best's Rating of "A, Class V" or better, or
shall meet with the approval of the City:
Statutory Worker's Compensation
Liability Insurance coverage in the
attached Exhibit A, Paragraph 9.
Insurance and Employer's
amount set forth in the
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 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 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.
Consul tant 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, ten (10) days notice if cancellation is due to nonpayment
of premium.
(2 )
Policy Endorsements Required.
Page 3
Standard Form Two Farty Agreement (Fourceenth Revision)
3-10
In order to demonstrate the Additional Insured Coverage,
Primary Coverage and Cross-liability Coverage required under
Consultant's Commercial General Liability Insurance Policy,
Consultant shall deliver a policy endorsement to the City
demonstrating same, which shall be reviewed and approved by the
Risk Manager.
H.
Securitv for Performanèe.
(1)
Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide a Performance Bond (indicated by
a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Performance Bond"), then Consultant shall
provide to the City a performance bond by a surety and in a form
and amount satisfactory to the Risk Manager or City Attorney which
amount is indicated in the space adjacent to the term, "Performance
Bond", in said Paragraph 19, Exhibit A.
(2 )
Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide a Letter of Credit (indicated by
a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Letter of Credit"), then Consultant shall
provide to the City an irrevocable letter of credit callable by the
City at their unfettered .discretion by submitting to the bank a
letter, signed by the City Manager, stating that the Consultant is
in breach of the terms of this Agreement. The letter of credit
shall be issued by a bank, and be in a form and amount satisfactory
to the Risk Manager or City Attorney which amount is indicated in
the space adjacent to the term, "Letter of Credit", in said
Paragraph 19, Exhibit A.
(3 )
Other Security
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide security other than a
Performance Bond or a Letter of Credit (indicated by a check mark
in the parenthetical space immediately preceding the subparagraph
entitled "Other Security"), then Consultant shall provide to the
City such other security therein listed in a form and amount
satisfactory to the Risk Manager or City Attorney.
1.
Business License
Consultant agrees to obtain a business license from the City
and to otherwise comply with Title 5 of the Chula Vista Municipal
Code.
Page 4
Standard Form Two Party Agreement (FourLeenth Revision)
3-11
2.
Duties of the City
A.
Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of
reviewing the progress of the Defined Services and Schedule therein
contained, and to provide direction and guidance to achieve the
objectives of this agreement. The City shall permit access to its
office facilities, files and records by Consultant throughout the
term of the agreement. In addition thereto, City agrees to provide
the information, data, items and materials set forth on Exhibit A,
Paragraph 10, and with the further understanding that delay in the
provision of these materials beyond 30 days after authorization to
proceed, shall constitute a basis for the justifiable delay ~n the
Consultant's performance of this agreement.
B.
Compensation
Upon receipt of a properly prepared billing from Consultant
submitted to the City periodically as indicated in Exhibit A,
Paragraph 18, but in no event more frequently than monthly, on the
day of the period indicated in Exhibit A, Paragraph 18, City shall
compensate Consultant for all services rendered by 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 there under 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 or on March 22, 2008,
whichever date occurs sooner.
Page 5
Standard Form Two Party Agreement (Fourt~enth Revision)
3-12
5.
Liquidated Damages
The provisions of this section apply if a Liquidated Damages
Rate is provided in Exhibit A, Paragraph 14.
It is acknowledged by both parties that time is of the essence
in the completion of this Agreement. It is difficult to estimate
the amount of damages resulting from delay in performance. The
parties have used their judgment to arrive at a reasonable amount
to compensate for delay.
Failure to complete the Defined Services within the allotted
time period specified in this Agreement shall result in the
following penalty: For each consecutive calendar day in excess of
the time specified for the completion of the respective work
assignment or Deliverable, the consultant shall pay to the City, or
have withheld from monies due, the sum of Liquidated Damages Rate
provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate").
Time extensions for delays beyond the consultant's control,
other than delays caused by the City, shall be requested in writing
to the City's Contract Administrator, or designee, prior to the
expiration of the specified time. Extensions of time, when
granted, will be based upon the effect of delays to the work and
will not be granted for delays to minor portions of work unless it
can be shown that such delays did or will delay the progress of the
work.
6 .
Financial Interests of Consultant
A.
Consultant is designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as an
"FPPC filer", Consultant is deemed to be a "Consultant" for the
purposes of the political Reform Act conflict of interest and
disclosure provisions, and shall report economic interests to the
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.
Page 6
Standard Form Two Party Agreement (Fourteenth Revision)
3-13
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant warrants and represents that Consultant has
diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations
promulgated by the Fair Political Practices Commission, and has
determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with
Consultant's duties under this agreement.
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will not acquire, obtain, or assume an economic interest during the
term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will immediately advise the City Attorney of City if Consultant
learns of an economic interest of Consultant's, which may result in
a conflict of interest for the purpose of the Fair Political
Practices Act, and regulations promulgated there under.
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
Page 7
Standard Form Two Party Agreement (Fourt~enth Revision)
3-14
for 12 months after the expiration of this Agreement, except with
the written permission of City.
Consultant may not conduct or solicit any business for any
party to this Agreement, or for any third party, which may be in
conflict with Consultant's responsibilities under this Agreement,
except with the written permission of City.
7.
Hold Harmless
Consultant shall defend, indemnify, protect and hold harmless
the City, its elected and appointed officers and employees, from
and against all claims for damages, liability, cost and expense
(including without limitation attorneys fees) arising out of or
alleged by third parties to be the result of the negligent acts,
errors or omissions or the willful misconduct of the Consultant,
and Consultant's employees, subcontractors or other persons,
agencies or firms for whom Consultant is legally responsible in
connection with the execution of the work covered by this
Agreement, except only for those claims, damages, liability, costs
and expenses (including without limitations, attorneys fees)
arising from the sole negligence or sole willful misconduct of the
City, its officers, employees. Also covered is liability arising
from, connected with, caused by or claimed to be caused by the
active or passive negligent acts or omissions of the City, its
agents, officers, or employees which may be in combination with the
active or passive negligent acts or omissions of the Consultant,
its employees, agents or officers, or any third party.
with respect to losses arising from Consultant's professional
errors or omissions, Consultant shall defend, indemnify, protect
and hold harmless the City, its elected and appointed officers and
employees, from and against all claims for damages, liability, cost
and expense (including without limitation attorneys fees) except
for those claims arising from the negligence or willful misconduct
of 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. Consultant's
obligations under this Section shall not be limited by any prior or
subsequent declaration by the Consultant. Consultant's obligations
under this Section shall survive the termination of this Agreement.
8.
Termination of Agreement for Cause
If, through any cause, Consultant shall fail to £ulfill in a
timely and proper manner Consultant's obligations under this
Page 8
Standard Form Two Party Agreement (Fourteenth Revision)
3-15
Agreement, or if Consultant shall violate any of the covenants,
agreements or stipulations of this Agreement, City shalf 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.
City hereby consents to the assignment of the portions of the
Defined Services identified in Exhibit A, Paragraph 17 to the
subconsu1tants identified thereat as "Permitted Subconsultants".
Page 9
Standard Form Two Party Agreement (Four~eenth Revision)
3-16
12.
Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms,
designs, plans, procedures, systems and any other materials or
properties produced under this Agreement shall be the sole and
exclusive property of City. No such materials or properties
produced in whole or in part under this Agreement shall be subject
to private use, copyrights or patent rights by Consultant in the
United States or in any other country without the express written
consent of City. City shall have unrestricted authority to
publish, disclose (except as may be limited by the provisions of
the Public Records Act), distribute, and otherwise use, copyright
or patent, in whole or in part, any such reports, studies, data,
statistics, forms or other materials or properties produced under
this Agreement. Any reuse by City on any project other than the
project for which such materials were originally intended shall be
at the City's sole risk.
13 .
Independent Contractor
City is interested only in the results obtained and Consultant
shall perform as an independent contractor with sole control of the
manner and means of performing the services required under this
Agreement. City maintains the right only to rej ect or accept
Consultant's work products. Consultant and any of the Consultant's
agents, employees or representatives are, for all purposes under
this Agreement, an independent contractor and shall not be deemed
to be an employee of City, and none of them shall be entitled to
any benefits to which City employees are entitled including but not
limited to, overtime, retirement benefits, worker's compensation
benefits, injury leave or other leave benefits. Therefore, City
will not withhold state or federal income tax, social security tax
or any other payroll tax, and Consultant shall be solely
responsible for the payment of same and shall hold the City
harmless with regard thereto.
14.
Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this
agreement, against the City unless a claim has first been presented
in writing and filed with the City and acted upon by the City in
accordance with the procedures set forth in Chapter 1.34 of the
Chula Vista Municipal Code, as same may from time to time be
amended, the provisions of which are incorporated by this reference
as if fully set forth herein, and such policies and procedures used
by the City in the implementation of same.
Page 10
Standard Form Two Party Agreement (Fourteenth Revision)
3-17
Upon request by City, Consultant shall meet and confer in good
faith with City for the purpose of resolving any dispute over the
terms of this Agreement.
15.
Attorney's Fees
Should a dispute arising out of this Agreement result in
litigation, it is agreed that the prevailing party shall be
entitled to a judgment against the other for an amount equal to
reasonable attorney's fees and court costs incurred. The
"prevailing party" shall be deemed to be the party who is awarded
substantially the relief sought.
16.
Statement of Costs
In the event that Consultant prepares a report or document, or
participates in the preparation of a report or document in
performing the Defined Services, Consultant shall include, or cause
the inclusion of, in said report or document, a statement of the
numbers and cost in dollar amounts of all contracts and
subcontracts relating to the preparation of the report or document.
17.
Miscellaneous
A.
Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant
shall have no authority to act as City's agent to bind City to any
contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the
Consultant and/or their principals is/are licensed with the State
of California or some other state as a licensed real estate broker
or salesperson. Otherwise, Consultant represents that neither
Consultant, nor their principals are licensed real estate brokers
or salespersons.
C.
Notices
All notices, demands or requests provided for or permitted to
be given pursuant to this Agreement must be in writing. All
notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served
or deposited in the United States mail, addressed to such party,
postage prepaid, registered or certified, with return receipt
requested, at the addresses identified herein as the places of
business for each of the designated parties.
D.
Entire Agreement
Page 11
Standard Form Two Party Agreement (Fourteenth Revision)
3-18
This Agreement, together with any other written document
referred to or contemplated herein, embody the entire Agreement and
understanding between the parties relating to the subject matter
hereof. Neither this Agreement nor any provision hereof may be
amended, modified, waived or discharged except by an instrument in
writing executed by the party against which enforcement of such
amendment, waiver or discharge is sought.
E.
Capacity of Parties
Each signatory and party hereto hereby warrants and represents
to the other party that it has legal authority and capacity and
direction from its principal to enter into this Agreement, and that
all resolutions or other actions have been taken so as to enable it
to enter into this Agreement.
F.
Governing Law/Venue
This Agreement shall be governed by and construed in
accordance with the laws of the State of California. Any action
arising under or relating to this Agreement shall be brought only
in the federal or state courts located in San Diego County, State
of California, and if applicable, the City of Chula Vista, or as
close thereto as possible. Venue for this Agreement, and
performance hereunder, shall be the City of Chula Vista.
[end of page.
next page is signature page.]
Page 12
Standard Form Two Party Agreement (Fourteenth Revision)
3-19
Signature Page
to
Agreement between City of Chula Vista
and MuniFinancial
For Special Tax Consultant Services for the Formation of
Community Facilities Districts within the
City Of Chula Vista Pursuant to the Mello-Roos
Community Facilities Act of 1982
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:
, 2005
City of Chula Vista
by:
Stephen C. Padilla, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
Ann Moore, City Attorney
Dated:
,:uni2Z: ~
Name: Anne Pelej
Title: Vice President
Exhibit List to Agreement
(X) Exhibit A
Page 13
Standard Form Two Party Agreement (Fourteenth Revision)
3-20
Exhibit A
to
Agreement between
City of Chula Vista
and
MuniFinancial
1.
Effective Date of Agreement: March 22, 2005
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:
[insert business form]
, a
( "City")
3.
Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4.
Consultant:
MuniFinancial
5.
Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
6.
Place of Business, Telephone and Fax Number of Consultant:
27368 Via Industria, Suite 110
Temecula, CA 92590
Voice Phone (951) 587-3500
Fax Phone (951) 587-3510
Page 14
Standard Form Two Party Agreement (Fourteenth Revision)
3-21
7.
General Duties:
Oversee the establishment of Community Facility District (CFD)
to finance the maintenance of public facilities in Village 7 of
the Otay Ranch. Develop and maintain concise work plans that
identify critical issues; Establish lines of responsibilities;
Prepare and maintain detailed schedules with milestones;
Communicate responsibilities to all parties; Conduct meetings,
as needed, to maintain project's schedule; Document project
meetings and decisions including agenda, action plans and
minutes; Track project progress and issue status reports;
Coordinate the work of the financing team; Provide special tax
consultant services; Prepare the Engineer's report or Special
Tax Report; Establish district boundaries; Coordinate with
property owners within the proposed boundaries; Form the
maintenance district; Assist City in the initial administration
of CFD; Review financing documents and prepare staff reports
and Council agenda items. .
8.
Scope of Work and Schedule:
A. Detailed Scope of Work
Task 1 - Preliminary Analysis:
a. Data collection. The consultant will collect data to
describe the parcels to be included in the CFD, land use and
zoning information, and proposed development information,
which will describe the proposed land uses in the new
development. The consultant will review and provide a
description of all the improvements to be maintained and
review the maintenance cost estimates.
b. A detailed description of each improvement to be maintained
will be provided based on the preliminary and/or final
landscape and engineering plans available. Where no plans
exit the consultant will work with the City and Developer to
adequately describe the improvements for inclusion in the
preliminary report.
c.A detailed review of the maintenance cost estimate for each
improvement will be conducted by the Consultant based on
preliminary estimate provided by the City and Developer.
d. A map or descriptive diagram will be prepared by the
Consultant for each improvement to be maintained by the
District.
Page 15
Standard Form Two Party Agreement (Fourteenth Revision)
3-22
e. Utilizing the information collected in work task a through d
above, the consultant will prepare a maximum special tax
rate and method of apportionment to apply to property in an
undeveloped and developed state.
Task 2 - District Formations:
a. This task requires the consultant to use the information
compiled in the preliminary analysis of Task 1, to assist
the City to assure compliance with the formation procedures
pursuant to the Mello-Roos Community Facilities Act of 1982.
The project team will work closely with the City staff,
legal counsel, and the developer to insure that all elements
of the project meet the requirements of the Act and are
performed in a timely manner.
b. The Consultant shall provide written documentation to the
City of all issues, meetings, project progress and
decisions. The Consultants shall be proactive in
identifying issues that impact the project schedule. Once
an engineering issue, a policy decision, a financing
decision or other issues are identified, the Consultant
shall immediately propose an action plan and communicate
possible solutions to all responsible parties and follow
through on the required actions.
Task 3 - Meetinqs:
a. Coordinate with the work of the financing team regarding the
formation documents, ballots and public hearing proceedings.
b. Prepare the Formation Council Agenda Statements (CAS) as
requested to the satisfaction of the City Engineer.
MuniFinancial to attend City Council meeting(s) and be
prepared to present information and answer questions
regarding the district formation.
c. Prepare the ~Special Tax Report" for the district and
provide as an attachment.
d. Record the boundary map and other exhibits as directed or
necessary for the processing of the formation documents.
e. Assist the finance team in the preparation of the required
ballots, garner signatures, attend the election, develop the
property owner letter, and implementation of the procedures.
Coordinate with the City Clerk office in the ballot
procedures, election and certificates.
f. Prepare tables and other information required for the RMA.
Task 4 - Annexation into Preserve District Improvement Area
"A":
a. Prepare a boundary map of the annexation.
Page 16
Standard Form Two Party Agreement (Fourt~enth Revision)
3-23
b. Determine cost for specified services allocable to District.
c. Prepare a maximum special tax rate and method of
apportionment to apply to property in an undeveloped and
developed state.
d. Record boundary map.
e. Record Notice of Cessation of Special Tax for CFD 98-1 and
CFD 98-2.
B.
Date for Commencement of Consultant Services:
( ) Same as Effective Date of Agreement
(X) Other: Written notice of authorization to proceed
from the City.
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No.1:
Deliverable No.2:
Deliverable No.3:
Complete the Preliminary Analysis
including a summary of all data
collected and facilities/cost
information from Task 1. a through
d within three weeks from the date
of the written notice of
authorization to proceed.
Submit a CFD Public Report,
including the full description of
the district's facilities,
improvement zones, final cost
estimate, the RMA, the annual
maximum special tax rates based on
the final budget and development
category will be written.
Consultant will prepare the agenda
statement for the Notice of
Intention to Form the District
within thirty days after the
Deliverable No.1 is accepted by the
City.
Prepare petition and determine
registered voter status and prepare
council agenda statement for the
formation and final "Special Tax
Report", special tax ballot and
prepare and advertise the Notice of
public hearing. All ballots and
notices will be review by the City's
special counsel for the project.
Deliverable is due within thirty
Page 17
Standard Form Two Party Agreement (Fourteenth Revision)
3-24
D.
days after Deliverable 1 is accepted
by the City.
Deliverable No.4:
Deliver conformed copies of all
recorded documents, and maps.
Deliver all final data, information
boundary maps, and any other
material produced under this
agreement in computer digital files
compatible with the software
utilized by the City. Spreadsheets
shall be compatible with Microsoft
Excel, and Access, word processing
files with Microsoft Word, and
graphic files with AutoCAD.
Date for completion of all Consultant services:
Four months after the notice to proceed letter.
9.
Insurance Requirements:
(X)
(X)
(X)
(X)
(X)
(X)
Statutory Worker's Compensation Insurance
Employer's Liability Insurance coverage: $1,000,000.
Commercial. General Liability Insurance: $1,000,000.
Auto Liability Insurance: $1,000,000.
Errors and Omissions insurance: None Required
(included in Commercial General Liability coverage).
Errors and Omissions Insurance: $250,000 (not included
in Commercial General Liability coverage).
Professional Liability Insurance:
Per Claim: $1,000,000
Aggregate: $1,000,000
(X)
10.
Materials required to be supplied by City to Consultant:
A.
B.
Make available maps, records, plans,
documentation provided by CFD applicant.
and
any
Schedule project meetings, Council meetings and hearings
as required by the Government Code.
11.
Compensation:
(X)
Single Fixed Fee Arrangement.
A.
For performance of all of the Defined Services by Consultant
as herein required, City shall pay a single fixed fee in the
Standard Form Two Party Agreement (Fourteenth Revision)
Page 18
3-25
amounts and at the times or milestones or for the Deliverables set
forth below:
Single Fixed Fee Amount: $19,000.00
Milestone or Event or Deliverable
Amount or Percent of Fixed Fee
Deliverable No.1 25%
Deliverable No.2 25%
Deliverable No.3 25%
Deliverable No.4 25%
( ) 1. Interim Monthly Advances. The City shall make
interim monthly advances against the compensation
due for each phase on a percentage of completion
basis for each given phase such that, at the end of
each phase only the compensation for that phase has
been paid. Any payments made hereunder shall be
cons ide red as interest free loans, which must be
returned to the City if the Phase is not
satisfactorily completed. If the Phase is
satisfactorily completed, the City shall receive
credit against the compensation due for that phase.
The retention amount or percentage set forth in
Paragraph 19 is to be applied to each interim
payment such that, at the end of the phase, the
full retention has been held back from the
compensation due for that phase. Percentage of
completion of a phase shall be assessed in the sole
and unfettered discretion by the Contracts
Administrator designated herein by the City, or
such other person as the City Manager shall
designate, but only upon such proof demanded by the
City that has been provided, but in no event shall
such interim advance payment be made unless the
Contractor shall have represented in writing that
said percentage of completion of the phase has been
performed by the Contractor. The pract ice of
making interim monthly advances shall not convert
this agreement to a time and materials basis of
payment.
B.
Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined
Services by Consultant as are separately identified below, City
shall pay the fixed fee associated with each phase of Services, in
the amounts and at the times or milestones or Deliverables set
Page 19
Standard Form Two Party Agreement (Fourteenth Revision)
3-26
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.
$
) 1. Interim Monthly Advances. The City shall make
interim monthly advances against the compensation
due for each phase on a percentage of completion
basis for each given phase such that, at the end of
each phase only the compensation for that phase has
been paid. Any payments made hereunder shall be
considered as interest free loans, which must be
returned to the City if the Phase is not
satisfactorily completed. If the Phase is
satisfactorily completed, the City shall receive
credit against the compensation due for that phase.
The retention amount or percentage set forth in
Paragraph 19 is to be applied to each interim
payment such that, at the end of the phase, the
full retention has been held back from the
compensation due for that phase. Percentage of
completion of a phase shall be assessed in the sole
and unfettered discretion by the Contracts
Administrator designated herein by the City, or
such other person as the City Manager shall
designate, but only upon such proof demanded by the
City that has been provided, but in no event shall
such interim advance payment be made unless the
Contractor shall have represented in writing that
said percentage of completion of the phase has been
performed by the Contractor. The practice of
making interim monthly advances shall not convert
this agreement to a time and materials basis of
payment.
C.
( ) Hourly Rate Arrangement
For performance of the Defined Services by Consultant as
herein required, City shall pay Consultant for the productive hours
of time spent by Consultant in the performance of said Services, at
the rates or amounts set forth in the Rate Schedule herein below
according to the following terms and conditions:
Page 20
Standard Form Two Party Agreement (Four{eenth Revision)
3-27
(1)
() Not-to-Exceed Limitation on Time and Materials
Arrangement
Notwi thstanding the expenditure by Consultant of
time and materials in excess of said Maximum Compensation
amount, Consultant agrees that for each Project listed in
Exhibi t C Consultant will perform all of the Defined
Services herein required of Consultant for
( "Maximum
Compensation") including all Materials, and other
"reimbursables" ("Maximum Compensation"). There is no
surplus or deficit carryover between individual Projects
and/or the deliverables associated with each Project.
(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
addi tional compensation without further authorization
issued in writing and approved by the City. Nothing
herein shall preclude Consultant from providing
additional Services at Consultant's own cost and expense.
Rate Schedule
See Exhibits B
12.
Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant
in the performance of services herein required, City shall pay
Consultant at the rates or amounts set forth below:
(X)
( )
( )
( )
( )
( )
( )
( )
( )
None, the compensation includes all costs.
Cost or Rate
Reports, not to exceed $ :
Copies, not to exceed $------:
Travel, not to exceed $
Printing, not to exceed~
Postage, not to exceed $ ~
Delivery, not to exceed ~ :
Long Distance Telephone Charges,
not to exceed $
Other Actual Identifiable Direct
not to exceed $
, not to exceed $
Costs:
Standard Form Two Party Agreement (Fouréeenth Revision)
Page 21
3-28
13 .
Contract Administrators:
City:
Sohaib Al-Agha, City Engineer
Consultant: Chris Fisher, Principal Consultant
14.
Liquidated Damages Rate: N/A
) $ per day.
) Other:
15. Statement of Economic Interests,
Categories, per Conflict of Interest Code:
Consultant
Reporting
(X ) Not Applicable.
( ) FPPC Filer
Not'an FPPC Filer.
) Category No.1.
Investments and sources of income.
) Category No.2.
Interests in real property.
) Category No.3. Investments, interest in real
property and sources of income subj ect to the
regulatory, permit or licensing authority of the
department.
) Category No.4. Investments in business entities
and sources of income which engage in land
development, construction or the acquisition or
sale of real property.
) Category No.5. Investments in business entities
and sources of income of the type which, within the
past two years, have contracted with the City of
Chula Vista 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:
Page 22
Standard Form Two Party Agreement (Fourteenth Revision)
3-29
16.
) Consultant is Real Estate Broker and/or Salesman
17.
Permitted Subconsultants:
NONE
18
Bill Processing:
A. Consultant's Billing to be submitted for the following
period of time:
( ) Monthly
( ) Quarterly
(X ) Other: Based on Deliverables of Paragraph 11-A
B.
Day of the Period for submission of Consultant's
Billing:
) First of the Month
) 15th Day of each Month
) End of the Month
) Other:
C.
City's Account Number:
will be assigned for each CFD.
19
Security for Performance
) Performance Bond, $
) Letter of Credit, $
) Other Security:
Type:
Amount: $
( X ) Retention. If this space is checked, then
notwithstanding other provisions to the contrary
requiring the payment of compensation to the Consultant
sooner, the City shall be entitled to retain, at their
option, either the following "Retention Percentage" or
"Retention Amount" until the City determines that the
Retention Release Event, listed below, has occurred:
(X ) Retention Percentage:
( ) Retention Amount: $
10%
Retention Release Event:
(X ) Completion of All Consultant Services
( ) Other:
Page 23
Standard Form Two Party Agreement (Fourteenth Revision)
3-30
RESOLUTION NO. 2005--
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT RETAINING
THE FIRM BEST BEST AND KRIEGER, LLP, AS THE
SPECIAL TAX LEGAL COUNSEL FOR THE FORMATION OF
THE MAINTENANCE COMMUNITY FACILITIES DISTRICT
FOR OTAY RANCH VILLAGE 7, PURSUANT TO THE
"MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982",
AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
WHEREAS, Best, Best & Krieger, LLP will provide legal counseling during the
formation of the Otay Ranch Village 7 Maintenance district for a fee not to exceed $10,000; and
WHEREAS, Warren Diven, currently "of counsel" to Best Best & Krieger, would be lead
counsel for the firm and would be responsible for the delivery of all legal services for this
agreement; and
WHEREAS, Mr. Diven was selected based on the quality of previous similar work
performed in association with the City's formation of various financing districts over a period of
15 years, his familiarity with the current development in eastern Chula Vista, and his provision
oflegal services to the City for the formation of major open space districts in that area (Eastlake
I, Rancho Del Rey, Sunbow, and Otay Ranch); and
WHEREAS, in addition, Mr. Diven has been the legal counsel on all the existing
assessment and community facilities districts formed to finance the construction of backbone
facilities serving the major developments in the area and has worked with the MuniFinancial;
and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista, does hereby approve an Agreement with Best, Best & Krieger, LLP as the Special Tax
Legal Counsel for the formation of the Maintenance Community Facilities District for Otay
Ranch Village 7, pursuant to the "Mello-Roos Community Facilities Act of 1982," a copy of
which shall be kept on file in the Office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said agreement on behalf of the City.
Presented by
Approved as to form by
Jack Griffm
Director of General Services
~jn f' /h/ L
Moore
Ity Attorney
H:IENGINEERIRESOSlResos2005\3-22-05\CFD 12M Diven.doc
3-31
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
(/{Jd-
Ann Moore
City Attorney
Dated: J lIS I c4r
Agreement with Best Best and Krieger, LLP
As the Special Tax Legal Counsel for the
Formation of the Maintenance Community Facilities
District for Otay Ranch Village 7
3-32
Parties and Recital Page(s)
Agreement between
City of Chula Vista
and
Best Best & Krieger LLP
For Special Counsel Legal Services for the Formation of
Maintenance Community Facilities District within the City
of Chula Vista Pursuant to the Mello-Roos Community
Facilities Act of 1982
This agreement ("Agreement"), dated for
the purposes of reference only, and effective as of the date last
executed unless another date is otherwise specified in Exhibit A,
Paragraph 1 is between the City-related entity as is indicated or.
Exhibit A, paragraph 2, as such ("City"), whose business form is
set forth on Exhibit A, paragraph 3, and Best Best & Krieger LLP
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 to initiate proceedings pursuant to
the Mello-Roos Community Facilities Act of 1982 and the City of
Chula Vista Community Facilities District Ordinance enacted
pursuant to the powers reserved by the City of Chula Vista under
Sections 3, 5 and 7 of Article XI of the Constitution of the State
of California to form a community facilities district for the
purpose of providing for the financing of the costs of public
infrastructure maintenance for Otay Ranch Village Seven Project as
further defined in Exhibit A of this Agreement; and
Whereas, the City desires to retain the services of. special
counsel to assist and advise. the City regarding the proceedings tû
form such community facilities district and the ongoing
administration of such community facilities district; 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; and,
Standard Form Two Party Agreement (Fourteenth Revision)
Page 1
3-33
(End of Recitals.
Next Page starts Obligatory Provisions.)'
Standard Form Two Party Agreement (Fourteenth Revision)
Page 2
3-34
Obligatory Provisions Pages
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do
hereby mutually agree as follows:
1.
Consultant's Duties
A.
General Duties
Consultant shall perform all of the services described on the
attached Exhibit A, Paragraph 7, entitled "General Duties"; and,
.B.
Scope of Work and Schedule
In the process of performing and delivering said "General
Duties", Consultant shall also perform all of the services
described in Exhibit A, Paragraph 8, entitled" Scope of Work and
Schedule", not inconsistent with the General Duties, according to,
and within the time frames set forth in Exhibit A, Paragraph 8, an~
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 wi thin the scope of
services offered by Consultant, Consultant shall perform same on a
time and materials basis at the rates set forth in the "Rate
Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed
fee is otherwise agreed upon. All compensation for Additional
Services shall be paid monthly as billed.
Standard Form Two Party Agreement (Fourteenth Revision)
Page 3
3-35
E.
Standard of Care
Consultant, in performing any Services under this agreement,
whether Defined Services or Additional Services, shall perform in a
ma=er consistent with that level of care and skill ordinarily
exercised by members of the profession currently practicing under
similar conditions and in similar locations.
F.
Insurance
Consultant represents that it and its agents, staff and
subconsultants employed by it in connection with the Services
required to be rendered, are protected against the risk of loss by
the following insurance coverages, in the following categories, and
to the limits specified, policies of which are issued by Insurance
Companies that have a Best's Rating of "A, Class V" or better, or
shall meet with the approval of the City:
Statutory Worker's Compensation
Liability Insurance coverage in the
attached Exhibit A, Paragraph 9.
Insurance and Employer's
amount set forth in the
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 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 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
Primary
In order to demonstrate the Additional Insured Coverage,
Coverage and Cross-liability Coverage required under
Standard Form Two Party Agreement (Fourteenth Revision)
Page 4
3-36
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 City a performance bond by a surety and in a form
and amount satisfactory to the Risk Manager or City Attorneyl 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.
Standard Form Two Party Agreement (Fourteenth Revision)
Page 5
3-37
1.
Business License
Consultant agrees to obtain a business license from the City
and to otherwise comply with Title 5 of the Chula Vista Municipal
Code.
2.
Duties of the City
A.
Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of
reviewing the progress of the Defined Services and Schedule therein
contained, and to provide direction and guidance to achieve the
objectives of this agreement. The City shall permit access to its
office facilities, files and records by Consultant throughout the
term of the agreement. In addition thereto, City agrees to provide
the information, data, items and materials set forth on Exhibit A,
Paragraph 10, and with the further understanding that delay in the
provision of these materials beyond 30 days after authorization to
proceed, shall constitute a basis for the justifiable delay in the
Consultant's performance of this agreement.
B.
Compensation
Upon receipt of a properly prepared billing from Consultant
submitted to the City periodically as indicated in Exhibit A,
Paragraph 18, but in no event more frequently than monthly, on the
day of the period indicated in Exhibit A, Paragraph 18, City shall
compensate Consultant for all services rendered by 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 the reunder 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.
Standard Form Two Party Agreement (Fourteenth Revision)
Page 6
3-38
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 ~4.
It is acknowledged by both parties that time is of the essence
in the completion of this Agreement. It is difficult to estimate
the amount of damages resulting from delay in performance. The
parties have used their judgment to arrive at a reasonable amount
to compensate for delay.
Failure to complete the Defined Services within the allotted
time period specified in this Agreement shall result in the
following penalty: For each consecutive calendar day in excess of
the time specified for the completion of the respective work
assignment or Deliverable, the consultant shall pay to the City, Qr
have withheld from monies due, the sum of Liquidated Damages Rate
provided in Exhibit A, Paragraph ~4 ("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 ~5, 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
àny way attempt to use Consultant's position to influence a
Standard Form Two Party Agreement (Fourteenth Revision)
Page 7
3-39
governmental decision in which Consultant knows or has reason to
know Consultant has a financial interest other than the
compensation promised by this Agreement.
C. Search to Determine Economic Interests
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant warrants and represents that Consultant has
diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations
promulgated by the Fair Political Practices Commission, and has
determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with
Consultant's duties under this agreement.
D. Promise Not to Acquire Conflicting Interests
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will not acquire, obtain, or assume an economic interest during the
term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will immediately advise the City Attorney of City if Consultant
learns of an economic interest of Consultant's, which may result in
a conflict of interest for the purpose of the Fair Political
Practices Act, and regulations promulgated there under.
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, grátuity 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.
Standard Form Two Party Agreement (Fourteenth Revision)
Page 8
3-40
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
1.
Indemnification and Hold Harmless Agreement
With respect to any liability, including but not limited to
claims asserted or costs, losses, attorney fees, or payments for
injury to any person or property caused or claimed to be caused by
the acts or omissions of the Consultant, or Consultant's employees,
agents, and officers, arising out of any services performed
involving this project, except liability for Professional Services
covered under Section X.2, the Consultant agrees to defend,
indemnify, protect, and hold harmless the City, its agents,
officers, or employees from and against all liability. Also
covered is liability arising from, connected with, caused by, or
claimed to be caused by the active or passive negligent acts or
omissions of the City, its agents, officers, or employees which may
be in combination with the active or passive negligent acts or
omissions of the Consultant, its employees, agents or officers, or
any third party. The Consultant's duty to indemnify, protect and
hold harmless shall not include any claims or liabilities arising
from the sole negligence or sole willful misconduct of the City,
its agents, officers or employees. This section in no way alters,
affects or modifies the Consultant's obligation and duties under
Section Exhibit A to this Agreement.
2.
Indemnification for Professional Services
As to the Consultant's professional obligation, work or
services involving this Project, the Consultant agrees to
indemnify, defend and hold harmless the City, its agents, officers
and employees from and against any and all liability, claims,
costs, and damages, including but not limited to, attorneys fees,
losses or payments for injury to any person or property, caused
directly or indirectly from the negligent acts, errors or omissioüs
of the Consultant or Consultant's employees, agents or officers;
provided, however, that the Consultant's duty to indemnify shall
not include any claims or liability arising from the negligence or
willful misconduct of the City, its agents, officers and employees.
Standard Form Two Party Agreement (Fourteenth Revision)
Page 9
3-41
8.
Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a
timely and proper manner Consultant's obligations under this
Agreement, or if Consultant shall violate any of the covenants,
agreements or stipulations of this Agreement, City shall have the
right to terminate this Agreement by giving written notice to
Consultant of such termination and specifying the effective date
thereof at least five (5) days before the effective date of such
termination. In that event, all finished or unfinished documents,
data, studies, surveys, drawings, maps, reports and other materials
prepared by Consultant shall, at the option of the City, become the
property of the City, and Consultant shall be entitled to receive
just and equitable compensation for any work 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.
Standard Form Two Party Agreement (Fourteenth Revision)
Page 10
3-42
City hereby consents to the assignment of the portions of the
Defined Services identified in Exhibit A, Paragraph 17 to the
subconsultants identified thereat as "Permitted Subconsultants".
12.
Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms,
designs, plans, procedures, systems and any other materials or
properties produced under this Agreement shall be. the sole and
exclusive property of City. No such materials or properties
produced in whole or in part under this Agreement shall be subject
to private use, copyrights or patent rights by Consultant in the
United States or in any other country without the express written
consent of City. City shall have unrestricted authority to
publish, disclose (except as may be limited by the provisions of
the Public Records Act), distribute, and otherwise use, copyright
or patent, in whole or in part, any such reports, studies, data,
statistics, forms or other materials or properties produced under
this Agreement.
13.
Independent Contractor
City is interested only in the results obtained and Consultant
shall perform as an independent contractor with sole control of the
manner and means of performing the services required under this
Agreement. City maintains the right only to rej ect or accept
Consultant's work products. Consultant and any of the Consultant's
agents, employees or representatives are, for all purposes under
this Agreement, an independent contractor and shall not be deemed
to be an employee of City, and none of them shall be entitled to
any benefits to which City employees are entitled including but not
limited to, overtime, retirement benefits, worker's compensation
benefits, injury leave or other leave benefits. Therefore, City
will not withhold state or federal income tax, social security tax
or any other payroll tax, and Consultant shall be solely
responsible for the payment of same and shall hold the City
harmless with regard thereto.
14.
Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this
agreement, against the City unless a claim has first been presented
in writing and filed with the City and acted upon by the City in
accordance with the procedures set forth in Chapter 1.34 of the
Chula Vista Municipal Code, as same may from time to time be
amended, the provisions of which are incorporated by this reference
as if fully set forth herein, and such policies and procedures used
by the City in the implementation of same.
Standard Form Two Party Agreement. (Fourteenth Revision)
Page 11
3-43
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.
Atto=ey's Fees
Should a dispute arising out of this Agreement result in
litigation, it is agreed that the prevailing party shall be
entitled to a judgment against the other for an amount equal to
reasonable atto=ey's fees and court costs incurred. The
"prevailing party" shall be deemed to be the party who is awarded"
substantially the relief sought.
16.
Statement of Costs
In the event that Consultant prepares a report or document, or
participates in the preparation of a report or document in
performing the Defined Services, Consultant shall include, or cause
the inclusion of, in said report or document, a statement of the
numbers and cost in dollar amounts of all contracts and
subcontracts relating to the preparation of the report or document.
17.
Miscellaneous
A.
Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant
shall have no authority to act as City's agent to bind City to any
contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the
Consultant and/or their principals is/are licensed with the State
of California or some other state as a licensed real estate broker
or salesperson. Otherwise, Consultant represents that neither
Consultant, nor their principals are licensed real estate brokers
or salespersons.
C.
Notices
All notices, demands or requests provided for or permitted to
be given pursuant to this Agreement must be in writing. All
notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served
or deposited in the United States mail, addressed to such party,
postage prépaid, 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
Standard Form Two Party Agreement (Fourteenth Revision)
Page 12
3-44
This Agreement, together with any other written document
referred to or contemplated herein, embody the entire Agreement and
understanding between the parties relating to the subject matter
hereof. Neither this Agreement nor any provision hereof may be
amended, modified, waived or discharged except by an instrument in
writing executed by the party against which enforcement of such
amendment, waiver or discharge is sought.
E.
Capacity of Parties
Each signatory and party hereto hereby warrants and represents
to the other party that it has legal authority and capacity and
direction from its principal to enter into this Agreement, and that
all resolutions or other actions have been taken so as to enable it
to enter into this Agreement.
F.
Governing Law/Venue
This Agreement shall be governed by and construed in
accordance with the laws of the State of California. Any action
arising under or relating to this Agreement shall be brought only
in the federal or state courts located in San Diego County, State
of California, and if applicable, the City of Chula Vista, or as
close thereto as possible. Venue for this Agreement, and
performance hereunder, shall be the City of Chula Vista.
[end of page.
next page is signature page.]
Standard Form Two Party Agreement (Fourteenth Revision)
Page 13
3-45
Signature Page to
Agreement between City of Chula Vista and
Best Best & Krieger LLP
For Special Counsel Legal Services for the Formation of
Maintenance Community Facilities District within the City
of Chula Vista Pursuant to the Mello-Roos Community
Facilities Act of 1982
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:
Stephen Padilla, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
Ann Moore, City Attorney
Dated:
3-/L/ -OS
Best Best & Krieger LLP
By: (Å )cuf.Qu..'t€J..
Warren Diven, Partner
Exhibit List to Agreement
) Exhibit A.
Standard Form Two Party Agreement (Fourteenth Revision)
Page 14
3-46
Exhibit A
to
Agreement between
City of Chula Vista
and
Best Best and Krieger
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:
[insert business form]
, a
("City")
3.
Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4.
Consultant:
Best Best & Krieger LLP
5.
Business Form of Consultant:
( ) Sole Proprietorship
(X ) Partnership
( ) Corporation
6.
Place of Business, Telephone and Fax Number of Consultant:
402 West Broadway, 13th Floor
San Diego, California 92101-3542
Voice Phone (619) 525-1300 general
619) 525-1337 Warren Diven
Fax Phone (619) 233-6118
Standard Form Two Party Agreement (Fourteenth Revision)
Page 15
3-47
7.
General Duties:
Consultant shall provide special counsel legal services to the
City pertaining to the formation of community facilities
district for the McMillin Village 7 proj ect, ( "Community
Facilities District") to finance the public infrastructure
maintenance and, on an as needed basis, pertaining to the
ongoing àdministration of the Community Facilities District
formed for such purposes.
8.
Scope of Work and Schedule:
A.
Detailed Scope of Work:
4.
5.
Formation of Communi tv Facilities District.
Consultant shall provide the following legal services to
the City pertaining to the formation. of each Community
Facilities District:
l.
Preparation of all resolutions, notices, contracts,
and other papers and documents required in the
formation proceedings;
2.
Advise the City staff and other consultants
regarding the required formation procedures and
examine the formation proceedings, step by step, as
such procedures are undertaken;
3.
Appear at all hearings required as a part of the
formation proceedings, and attend any other meeting
where attendance is required or requested
Review the Report of the Special Tax Consultant as
it relat.es to the formation proceedings for each
community facilities district;
Review and examine the map showing the area and
boundaries of each community facilities district;
6.
Review the method and formula utilized by the
Special Tax Consultant for the apportionment and
levy of the special tax within each community
facilities district;
7.
Assist in any election procedure, as necessary
and/or required, including the preparation of the
form of all required election documents;
Standard Form Two Party Agreement (Fourteenth Revision)
Page 16
3-48
8.
9.
10.
Prepare the Notice of Special Tax Lien for each
community facilities district;
Provide instruction and advice to City staff and
City consultant.s related to any of the foregoing;
and
Provide any and all other customary special counsel
services relating to the formation proceedings.
Onqoinq Administration of Communi tv Facilities District
In addition to the foregoing services pertaining to the
formation of the community facilities district,
Consultant shall provide the following additional specàl
counsel services to the City related to the ongoing
administration of the community facilities district:
1.
2.
4.
Advise and assist City staff and City consultants
regarding:
(a.) Calculation of annual special tax rate and
levy of annual special tax;
(b.) Interpretation and application of special tax
formula;
(c.) Annexation of territory to a community
facilities district; apportionment of special
taxes or authorized maintenance;
(d.) Cancellation or cessation of the Notice of
Special Tax Lien; and
(e.) Other issues related to the ongoing
administration of the community facilities
district. and the levy of special taxes.
Preparation of resolutions, notices, contracts, and
other papers and documents required related to any
of the foregoing.
3.
Appear at all City Council meetings related to any
of the foregoing and attend any other meeting with
City staff and City consultants related to any of
the foregoing where attendance is required or
requested by the City.
Provide any and all other customary special counsel
services relating to the ongoing administration of
the community facilities district.
Such legal services pertaining to the ongoing
administration of the community facilities district woàd
be provided only on an "as needed" basis upon the
request of the City.
Standard Form Two Party Agreement (Fourteenth Revision)
Page 17
3-49
B.
C.
D.
Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
Dates or Time Limits for Delivery of Deliverables:
Deliverable Mo. ~:
MIA
MIA
Deliverable Mo. 2:
Deliverable Mo. 3:
MIA
Date for completion of all Consultant services:
MIA
9.
Insurance Requirements:
(X)
(X)
(X)
( )
(X)
Statutory Worker's Compensation Insurance
Employer's Liability Insurance coverage: $1,000,000.
Commercial General Liability Insurance: $~,OOO,OOO.
Errors and Omissions insurance: Mone Required (included
in Commercial General Liability coverage).
Errors and Omissions Insurance: $250,000 (not included
in Commercial General Liability coverage).
~O.
Materials required to be supplied by City to Consultant:
Such documents as are contemplated in the detailed scope of
work set forth above.
11.
Compensation:
Single Fixed Fee Arrangement.
A.
( )
For performance of all of the Defined Services by Consultant
as herein required, City shall pay a single fixed fee in the
amounts and at the times or milestones or for the Deliverables
set forth below:
Single Fixed Fee Amount:
follows:
, payable as
Milestone or Event or Deliverable
Amount or Percent of Fixed Fee
Standard Form Two Party Agreement (Fourteenth Revision)
Page ~8
3-50
) l. Interim Monthly Advances. The City shall make
interim monthly advances against the compensatio~
due for each phase on a percentage of completion
basis for each given phase such that, at the end of
each phase only the compensation for that phase has
been paid. Any payments made hereunder shall be
considered as interest free loans, which must be
returned to the City if the Phase is not
satisfactorily completed. If the Phase is
satisfactorily completed, the City shall receive
credit against the compensation due for that phase.
The retention amount or percentage set forth in
Paragraph 19 is to be applied to each interim
payment such that, at the end of the phase, the
full retention has been held back from the
compensation due for that phase. Percentage of
completion of a phase shall be assessed in the sole
and unfettered discretion by the Contracts
Administrator designated herein by the City, or
such other person as the City Manager shall
designate, but only upon such proof demanded by the
City that has been provided, but in no event shall
such interim advance payment be made unless the
Contractor shall have represented in writing that
said percentage of completion of the phase has been
performed by the Contractor. The practice of
making interim monthly advances shall not convert
this agreement to a time and materials basis of
payment.
B.
Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined
Services by Consultant as are separately identified below, City
shall pay the fixed fee associated with each phase of Services, in
the amounts and at the times or milestones or Deliverables set
forth. Consultant shall not commence Services 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
L
$
$
2.
3.
$
Standard Form Two Party Agreement (Fourteenth Revision)
Page 19
3-51
) l. Interim Monthly Advances. The City shall make
interim monthly advances against the compensation
due for each phase on a percentage of completion
basis for each given phase such that, at the end of
each phase only the compensation for that phase has
been paid. Any payments made hereunder shall be
considered as interest free loans, which must be
returned to the City if the Phase is not
satisfactorily completed. If the Phase is
satisfactorily completed, the City shall receive
credit against the compensation due for that phase.
The retention amount or percentage set forth in
paragraph 19 is to be applied to each interim
payment such that, at the end of the phase, the
full retention has been held back from the
compensation due for that phase. Percentage of
completion of a phase shall be assessed in the sole
and unfettered discretion by the Contracts
Administrator designated herein by the City, or
such other person as the City Manager shall
designate, but only upon such proof demanded by the
City that has been provided, but in no event shall
such interim advance payment be made unless the
Contractor shall have represented in writing that
said percentage of completion of the phase has been
performed by the Contractor. The practice of
making interim monthly advances shall not convert
this agreement to a time and materials basis of
payment.
C.
(X) 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 herein below
according to the following terms and conditions:
(l)
.() Not-to-Exceed Limitation on Time and Materials
Arrangement
Notwithstanding the expenditure by Consultant of
time and materials in excess of said Maximum Compensatmn
amount, Consultant agrees that Consultant will perform
all of the Defined Services herein required of Consultat
for $ including all Materials, and other
"reimbursables" ("Maximum Compensation") .
(2 )
( X ) Limitation without Further Authorization on
Time and Materials Arrangement
Standard Form Two Party Agreement (Fourteenth Revision)
Page 20
3-52
At such time as Consultant shall have incurred time
and materials equal to $1.0,000 as to the community
facilities district (The "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 Servicesat
Consultant's own cost and expense.
Rate Schedule
Category of Employee Hourly Rate
of Consultant Name
Partners and Of
Counsel Attorneys Warren Diven $225
and Various Others
Senior Associates
with 4 or more years
of exDerience Various $1.95
Junior Associates
with 4 or less years
of exPerience Various $1.75
paraleqals Various $1.25
) Hourly rates may increase by 6% for services
rendered after [month], 1.9 , if delay in providing
services is caused by City.
1.2.
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)
(X)
( )
(X)
(X)
( )
(X)
None, the compensation includes all costs.
Cost or Rate
Reports, not to exceed $ :
Copies, not to exceed Consultant's current rate
Travel, not to exceed IRS Rate
Printing, not to exceed $ :
Postage, not to exceed Actual Cost
Delivery, not to exceed Actual Cost
Long Distance Telephone Charges,
not to exceed $ .
Other Actual Identifiable Direct Costs:
Standard Form Two Party Agreement (Fourteenth Revision)
Page 21.
3-53
Facsimile, not to exceed Consultant's current rate
u.
Contract Administrators:
City:
Sohaib Al- Agha, Senior civil Engineer
Consultant:
Warren Diven
Best Best & Krieger LLP
402 West Broadway, 13~ Floor
San Diego, California 92101-3542
Telephone: (619)525-1337
Fax: (619) 233-6118
E-mail: wbdiven@bbklaw.com
l4.
Liquidated Damages Rate: N/A
) $ per day.
) Other:
15.
Statement of Economic Interests, Consultant Reporting
Categories, per Conflict of Interest Code:
(X ) Not Applicable.
) FPPC Filer
Not an FPPC Filer.
) Category No.1.
Investments and sources of income.
) Category No.2.
Interests in real property.
) Category No.3. Investments, interest in real
property and sources of income subj ect to the
regulatory, permit or licensing authority of the
department.
) Category No.4. Investments in business entities
and sources of income which engage in land
development, construction or the acquisition or
sale of real property.
) Category No.5. Investments in business entities
and sources of income of the type which, within the
past two years, have contracted with the City of
Chula Vista (Redevelopment Agency) to provide
services, supplies, materials, machinery or
equipment.
) Category No.6. Investments in business entities
and sources of income of the type which, within the
$tandard Form Two Party Agreement (Fourteenth Revision)
Page 22
3-54
16.
17.
18
19
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:
) Consultant is Real Estate Broker and/or Salesman
Permitted Subconsultants: N/A
None
Bill Processing:
A.
Consultant's Billing to be submitted for the following
period of time:
( X) Monthly
( ) Quarterly
( ) Other:
B.
Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
( X) End of the Month
( ) Other:
C.
City's Account Number:
Security for Performance
) Performance Bond, $
) Letter of Credit, $
) Other Security:
Type:
Amount: $
) Retention. If this space is checked, then
notwithstanding other provisions to the contrary
Standard Form Two Party Agreement (Fourteenth Revision)
Page 23
3-55
requiring the payment of compensation to the Consultant
sooner, the City shall be entitled to retain, at their
option, either the following "Retention Percentage" or
"Retention Amount" until the City determines that the
Retention Release Event, listed below, has occurred:
) Retention Percentage:
) Retention Amount: $
'or
Retention Release Event:
( ) Completion of All Consultant Services
( ) Other:
Standard Form Two Party Agreement (Fourteenth Revision)
Page 24
3-56
RESOLUTION NO. 2005-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE INITIATION OF
PROCEEDINGS TO CONSIDER THE FORMATION OF
COMMUNITY FACILITIES DISTRICT NO.12-M (OTAY
RANCH VILLAGE SEVEN) FOR MCMILLIN OTAY RANCH
LLC AND OTAY PROJECT LP. AND APPROVING THE
FORM OF TWO REIMBURSEMENT AGREEMENTS
WHEREAS, the City of Chula Vista, California, has been presented with and has
received an application from McMillin Otay Ranch, LLC and Otay Project, LP. (the
"Applicants"), requesting that this City Council initiate proceedings pursuant to the Mello-Roos
Community Facilities Act of 1982, as amended (Government Code Section 53311 and
following)(the "Act") to form a maintenance community facilities district preliminarily
designated as Community Facilities District No. 12-M (Otay Ranch Village Seven) (the
"District") to fund the maintenance of certain public improvements serving Chula Vista and
development improvements serving the Otay Ranch Village Seven project; and
WHEREAS, the Applicants have requested that the District encompass that territory
within a portion of Village Seven of the Otay Ranch owned by and to be developed by the
Applicants; and
WHEREAS, the form of a Community Facilities Reimbursement Agreements pursuant to
which the Applicants have agreed to advance funds to the City to pay for all costs incurred by the
City in undertaking the proceedings to consider the formation of the District to be secured by the
levy of special taxes with the District has been presented to this City Council for its
consideration.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. The above recitals are all true and Correct.
SECTION 2. This City Council hereby authorizes the initiation of proceedings to consider the
formation of the District as requested by the Applicants subject to all requirements of the Act and
the Goals and Policies.
The decision of this City Council to form the District is an exercise of the legislative
authority of this City Council. The adoption of this resolution and the approval of the
reimbursement agreements do not either collectively or separately obligate this City Council to
exercise its legislative discretion in a particular manner. This resolution does not in any way
create a contractual, legal or equitable obligation of or commitment by this City Council to
approve the formation of the District. This City Council expressly reserves the right to abandon
the proceedings to consider the formation of the District for any reason at any time prior to the
completion thereof.
SECTION 3. The form of the reimbursement agreements by and between the City and
McMillin Otay Ranch, LLC and Otay Project LP.. are hereby approved. The City Manager is
hereby authorized to execute such agreements for and on behalf of the City with such changes
thereto as the City Manager, following consultation with the City Attorney and Best Best &
Krieger LLP., deem to be in the best interests of the City.
3-57
Resolution 2005-018
Page 2
SECTION 4. This resolution shall become effective upon its adoption.
Presented by
Approved as to form by
Jack Griffin
General Services Director
RIENGINEERIRESOS\ResosZOO5\3-ZZ-Q5\CFD 12M Reimbursement AgreementsZ.doc
3-58
rA~
COMMUNITY FACILITIES DISTRICT 12M REIMBURSEMENT AGREEMENT
(Otay Project, L.P.)
THIS AGREEMENT is made and entered into this I 61t1aay of March, 2005, by and between the CITY
OF CHULA VISTA, a charter city ("City"), and OTAY PROJECT, LP., a California limited
Partnership ("Applicant").
A.
B.
C.
RECITALS
The Applicant has made application with the City to request that the City initiate proceedings under
the provisions of the "Mello-Roos Community Facilities Act of 1982," as amended (Government
Code Section 53311 and following), to form a community facilities district (the "Community
Facilities District") to finance the maintenance of certain public improvements. The maintenance of
such public improvements is required as a precondition to the development of properties owned
and/or to be developed by the Applicant within that area of the City commonly lœown as Otay Ranch
Company's Village Seven (Chula Vista Tract No. 05-09).
Applicant agrees to advance funds to the City for the payment of all initial consulting and
administration costs and expenses related to the proceedings to consider the formation of the
Community Facilities District (the "Proceedings").
The parties hereto wish to enter into an Agreement to memorialize the terms and conditions
pursuant to which Applicant shall advance monies and the monies so advanced may, subject to
certain conditions contained herein, be reimbursed or credited against future special tax
obligations.
AGREEMENT
The parties hereto, for mutual consideration, agree as follows:
SECTION 1. Advances.
A. Applicant shall advance monies to the City in such amounts and at such times as specified below to
pay all costs and expenses incurred by the City in undertaking the Proceedings, including without
limitation, the following:
B.
1.
Special Tax Consultant services;
2.
City staff and City Attorney time.
All such costs and expenses are collectively referred to as the "Formation Costs."
Advances shall be made to the City pursuant to the following schedule:
1
3-59
1.
Applicant has advanced to the City the sum of $20,000, receipt of which is acknowledged
by the City.
2.
If monies in addition to the initial advance are necessary to pay for the Formation Costs,
the City shall as necessary and from time to time make written demand upon Applicant and
Applicant shall immediately thereafter, within five (5) working days, deposit said monies
with the City to pay for the balance of the Formation Costs. If such additional monies are
not timely received, all Proceedings shall, at the option of the City, be suspended until
such monies are received.
SECTION 2. Records. The City agrees to keep records consistent with its regular accounting practices of
the amount of monies advanced and the expenditure of such monies. Additionally, the City shall enter into
and maintain contracts with all consultants, which shall specify the scope of services and compensation to
be paid to all such consultants. Such records and contracts shall be available for review by the Applicant
during .normal business hours upon reasonable notice to the City.
SECTION 3. Reimbursement. If the Proceedings to form the Community Facilities District are not
completed and are abandoned for any reason at any time there will be no obligation on the part of the City
or the Community Facilities District to reimburse Applicant for any monies previously advanced pursuant
to this Agreement; provided, however, the City does agree to return to Applicant any monies previously
advanced which remain on deposit with the City and which the City determines are in excess of the
amount necessary to pay for any outstanding Formation Costs previously incurred by the City.
SECTION 4. Ownership of Documents. All plans, specifications, reports, appraisals and other
documentation as prepared as a part of the Proceedings shall become the property of the City, regardless
as to whether the Community Facilities District is actually formed.
SECTION 5. No Obligation to Form Community Facilities District. Applicant acknowledges that the
decision of the City Council to form the Community Facilities District is an exercise of the legislative
authority of the City Council and that the City may not enter into a contract to obligate the City Council to
exercise its legislative discretion in a particular manner. This Agreement does not, therefore, in any way
create a contractual, legal or equitable obligation of or commitment by the City to approve the formation
of the Community Facilities District. The City expressly reserves the right to abandon the Proceedings for
any reason at any time prior to the completion thereof. Should Applicant desire to abandon the
Proceedings, Applicant shall provide written notification of such desire to the City and request the City to
immediately terminate all consulting agreements and use all efforts to minimize any and all Formation
Costs.
SECTION 6. Counterparts. This Agreement may be executed in one or more counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the same instrument.
SECTION 7. Authority to Execute Agreement. The City and the Applicant represent that the
individuals signing this Agreement have full right and authority to bind their respective parties to this
Agreement.
2
3-60
SECTION 8 Best Efforts. The parties promise to use their best efforts to satisfy all conditions to this
Agreement and to take all further steps and execute all further documents reasonably necessary to put this
Agreement into effect.
SECTION 9. Successor and Assigns. This Agreement shall be binding on and inure to the benefit of the
respective parties and their respective heirs, legal representatives, successors and assigns. Applicant may
not assign its rights or obligations hereunder except upon written notice to City within ten (10) days of the
date of such assignment indicating the name and address of the assignee. Upon such notice and the
assumption by the assignee in writing delivered to the City of the rights, duties and obligations of the
Applicant arising under or from this Agreement, Applicant shall be released for all future duties or
obligations arising under or from this Agreement.
SECTION 10. Singular and Plural; Gender. Whenever used herein, the singular number shall include
the plural, the plural number shall include the singular, and the masculine feminine or neuter gender shall
include the others whenever the context of the Agreement so indicates.
SECTION 11. Entire Agreement. This Agreement contains the entire Agreement between the parties
hereto with respect to the subject matter hereof. This Agreement may not be altered, modified or
amended except by an instrument in writing executed by all of the parties.
SECTION 12. Governing Law. This Agreement has been executed in and shall be governed by the laws
of the State of California.
SECTION 13. Construction. This Agreement shall be construed as a whole and in accordance with its fair
meaning. Captions and organizations are for convenience and shall not be used in construing meaning.
SECTION 14. Severability. In the event that anyone or more of the provisions of this Agreement that is
or are material to the entering into this Agreement by either Applicant or the City shall for any reason be
held to be unenforceable in any material respect by a court of competent jurisdiction, Applicant and the
City may mutually agree that such unenforceability shall not affect any other provision of this Agreement,
and that this Agreement shall be construed as if such unenforceable provision or provisions had never
been contained herein. If Applicant and the City fail to so mutually agree, this Agreement shall terminate,
without penalty to either party, after the giving by one party of thirty (30) days' prior written notice to
the other party. In such event, the City shall use all efforts to minimize any and all Formation Costs and
shall return to Applicant any monies previously advanced which remain on deposit with the City and
which the City determines are in excess of the amount necessary to pay for any outstanding Formation
Costs previously incurred by the City.
SECTION 15. Notices. All notices and demands shall be given in writing by personal delivery or first-
class mail, postage prepaid. Notices shall be addressed as appears below for the respective party;
provided that, if any party gives notice of a change of name of address, notices to the giver of that notice
shall thereafter be given as demanded in that notice. Notices shall be deemed received seventy-two (72)
hours after deposit in the United States mail.
3
3-61
CITY:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
Attention: City Manager
APPLICANT:
OTAY PROJECT, LP.
610 West Ash Street, Suite 1500
San Diego, CA 92101
Attn: Ranie Hunter
SECTION 16. Time of the Essence. Time is of the essence in the performance of the parties respective
obligations herein contained.
SECTION 17.Waiver. The waiver by one party of the performance of any covenant, condition or
promise shall not invalidate this Agreement, nor shall it be considered a waiver by him of any other
covenant, condition or promise. The waiver by either or both parties of the time for performing any act
shall not constitute a waiver of the time for performing any other act or an identical act required to be
performed at a later time. The exercise of any remedy provided in this Agreement shall not be a waiver
of any consistent remedy provided by law, and any provision of this Agreement for any remedy shall not
exclude other consistent remedies unless they are expressly excluded.
SECTION 18. Amendment. No provision of this Agreement may be modified, waived, amended or added
to except by a writing signed by the party against which the enforcement of such modification, waiver,
amendment or addition is or may be sought.
SECTION 19. Hold Harmless. Applicant shall defend, indemnify, protect and hold hamùess the City, its
elected officials and appointed officers, employees and consultants retained for purposes other than
formation of the Community Facilities District, from and against all claims for damages, liability, cost and
expense (including without limitation attorneys' fees) arising directly or indirectly out of the waiver by the
City Council of the City's procedures for the selection of any of the consultants identified in Section 1.
and retained by the City to assist in undertaking the Proceedings. Applicant's indemnification shall
include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers,
employees or consultants retained for purposes other than formation of the Community Facilities District
in defending against such claims, whether the same proceed to judgment or not. Further, Applicant at its
own expense shall, upon written request by the City, defend any such suit or action brought against the
City, its officers, employees or consultants retained for purposes other than formation of the Community
Facilities District. Applicant's indemnification of City shall not be limited by any prior or subsequent
declaration by the consultant.
[Remainder of this page intentionally left blank.]
4
3-62
Page One of Two Signature Pages
to
Co=unity Facilities District 12M Reimbursement Agreement
between
the City of Chula Vista
and
Otay Project, LP.
IN WITNESS WHEREOF. City and Applicant have executed this Agreement thereby indicating that they
have read and understood same, and indicate their full and complete consent to its terms.
CITY OF CHULA VISTA
By:
Stephen Padilla
Mayor of the City Of Chula Vista
Attest:
Susan Bigelow
City Clerk
Approved as to Form:
Ann Moore
City Attorney
5 ;
3-63
Page Two of Two Signature Pages
to
Community Facilities District 12M Reimbursement Agreement
between
the City of Chula Vista
and
O13y Project, L.P.
OTAY PROJECT, L.P.,
a California limited partnership,
By:
OTAY PROJECT, LLC,
A California limited liability company
Its General Partner,
By:
OTA Y RANCH DEVELOPMENT, LLC,
Its Authorized Member,
BY:~~
Ranie Hunter
Vice President
(ATTACH NOTARY ACKNOWLEDGMENTS).
6.
3-64
COMMUNITY FACILITIES DISTRICT REIMBURSEMENT AGREEMENT
(McMillin Otay Ranch, LLC)
~ 1"1.-- M-
TillS AGREEMENT is made and entered into this - day of March, 2005, by and between the CITY
OF CHULA VISTA, a charter city ("City"), and McMILLIN OTA Y RANCH, LLC, a Delaware limited
liability company ("Applicant").
A.
B.
RECITALS
The Applicant has made application with the City to request that the City initiate proceedings under
the provisions of the "Mello-Roos Community Facilities Act of 1982," as amended (Government
Code Section 53311 and following), to form a community facilities district (the "Community
Facilities District") to financè thémaintenance of certain public improvements. The maintenance of
such public improvements is required as a precondition to the development of properties owned
and/or to be developed by the Applicant within that area of the City commonly known as McMillin's
Otay Ranch Village Seven (Chula Vista Tract No. 05-07).
Applicant agrees to advance funds to the City for the payment of all initial consulting and
administration costs and expenses related to the proceedings to consider the formation of the
Community Facilities District (the "Proceedings").
C.
The parties hereto wish to enter into an Agreement to memorialize the terms and conditions
pursuant to which Applicant shall advance monies and the monies so advanced may, subject to
certain conditions contained herein, be reimbursed or credited against future special tax
obligations.
AGREEMENT
The parties hereto, for mutual consideration, agree as follpws:
SECTION 1. Advances.
A. Applicant shall advance monies to the City in such amounts and at such times as specified below to
pay all costs and expenses incurred by the City in undertaking the Proceedings, including without
limitation, the following:
1.
Special Tax Consultant services;
2.
City staff and City Attorney time.
All such costs and expenses are collectively referred to as the "Formation Costs."
B.
Advances shall be made to the City pursuant to the following schedule:
1
3-65
1.
Applicant has advanced to the City the sum of $20,000, receipt of which is acknowledged
by the City.
2.
If monies in addition to the initial advance are necessary to pay for the Formation Costs,
the City shall as necessary and from time to time make written demand upon Applicant and
Applicant shall immediately thereafter, within five (5) working days, deposit said monies
with the City to pay for the balance of the Formation Costs. If such additional monies are
not timely received, all Proceedings shall, at the option of the City, be suspended until
such monies are received.
SECTION 2. Records. The City agrees to keep records consistent with its regular accounting practices of
the amount of monies advanced and the expenditure of such monies. Additionally, the City shall enter into
and maintain contracts with all consultants, which shall specify the scope of services and compensation to
be paid to all such consultants. Such records and contracts shall be available for review by the Applicant
during normal business hours upon reasonable notice to tlÌe City. .
SECTION 3. Reimbursement. If the Proceedings to form the Community Facilities District are not
completed and are abandoned for any reason at any time there will be no obligation on the part of the City
or the Community Facilities J)istrict to reimburse Applicant for any monies previously advanced pursuant
to this Agreement; provided, however, the City does agree to return to Applicant any monies previously
advanced which remain on deposit with the City and which the City determines are in excess of the
amount necessary to pay for any outstanding Formation Costs previously incurred by the City.
SECTION 4. Ownership of Documents. All plans, specifications, reports, appraisals and other
documentation as prepared as a part of the Proceedings shall become the property of the City, regardless
as to whether the Community Facilities District is actually formed.
SECTION 5. No Obligation to Form Community Facilities District. Applicant acknowledges that the
decision of the City Council to form the Community Facilities District is an exercise of the legislative
authority of the City Council and that the City may not enter into a contract to obligate the City Council to
exercise its legislative discretion in a particular manner. This Agreement does not, therefore, in any way
create a contractual, legal or equitable obligation of or commitment by the City to approve the formation
of the Community Facilities District. The City expressly reserves the right to abandon the Proceedings for
any reason at any time prior to the completion thereof. Should Applicant desire to abandon the
Proceedings, Applicant shall provide written notification of such desire to the City and request the City to
immediately terminate all consulting agreements and use all efforts to minimize any and all Formation
Costs.
SECTION 6. Counterparts. This Agreement may be executed in one or more counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the same instrument.
SECTION 7. Authority to Execute Agreement. The City and the Applicant represent that the
individuals signing this Agreement have full right 'and authority to bind their respective parties to this
Agreement.
2
3-66
SECTION 8 Best Efforts. The parties promise to use their best efforts to satisfy all conditions to this
Agreement and to take all further steps and execute all further documents reasonably necessary to put this
Agreement into effect.
SECTION 9. Successor and Assigns. This Agreement shall be binding on and inure to the benefit of the
respective parties and their respective heirs, legal representatives, successors and assigns. Applicant may
not assign its rights or obligations hereunder except upon written notice to City within ten (10) days of the
date of such assigrunent indicating the name and address of the assignee. Upon such notice and the
assumption by the assignee in writing delivered to the City of the rights, duties and obligations of the
Applicant arising under or from this Agreement, Applicant shall be released for all future duties or
obligations arising under or from this Agreement.
SECTION 10. Singular and Plural; Gender. Whenever used herein, the singular number shall include
the plural, the plural number shall include the singular, and the masculine feminine or neuter gender shall
include the others whenever the context of the Agreement so indicates.
SECTION 11. Entire Agreement. This Agreement contains the entire Agreement between the parties
hereto with respect to the subject matter hereof. This Agreement may not be altered, modified or
amended except by an instrument in writing executed by all of the parties.
SECTION 12. Governing Law. This Agreement has been executed in and shall be governed by the laws
of the State of California.
SECTION 13. Construction. This Agreement shall be construed as a whole and in accordance with its fair
meaning. Captions and organizations are for convenience and shall not be used in construing meaning.
SECTION 14. Severability. In the event that anyone or more of the provisions of this Agreement that is
or are material to the entering into this Agreement by either Applicant or the City shall for any reason be
held to be unenforceable in any material respect by a court of competent jurisdiction, Applicant and the
City may mutually agree that such unenforceability shall not affect any other provision of this Agreement,
and that this Agreement shall be construed as if such unenforceable provision or provisions had never
been contained herein. If Applicant and the City fail to so mutually agree, this Agreement shall tenninate,
without penalty to either party, after the giving by one party of thirty (30) days' prior written notice to the
other party. In such event, the City shall use all efforts to minimize any and all Formation Costs and shall
return to Applicant any monies previously advanced which remain on deposit with the City and which the
City determines are in excess of the amount necessary to pay for any outstanding Formation Costs
previously incurred by the City.
SECTION 15. Notices. All notices and demands shall be given in writing by personal delivery or first-
class mail, postage prepaid. . Nötices shall be addressed as appears below for the respective party;
provided that, if any party gives notice of a change of name of address, notices to the giver of that notice
shall thereafter be given as demanded in that notice. Notices shall be deemed received seventy-two (72)
hours after deposit in the United States mail.
CITY:
CITY OF CHULA VISTA
3
3-67
276 Fourth Avenue
Chula Vista, CA 91910
Attention: City Manager
APPLICANT:
McMILLIN OTAY RANCH, LLC
2727 Hoover Avenue
National City, CA 91950
SECTION 16. Time ofthe Essence. Time is of the essence in the performance of the parties respective
obligations herein contained.
SECTION 17. Waiver. The waiver by one party of the performance of any covenant, condition or
promise shall not invalidate this Agreement, nor shall it be considered a waiver by him of any other
covenant, condition or promise. The waiver by either or both parties of the time for performing any act
shall not constitute a waiver of the time for performing any other act or an identical act required to be
performed at a later time. The exercise of any rymedy provided in this Agreement shall not be a waiver
of any consistent remedy provided by law, and any provision of this Agreement for any remedy shall not
exclude other consistent remedies unless they are expressly excluded.
SECTION 18. Amendment. No provision of this Agreement may be modified, waived, amended or added
to except by a writing signed by the party against which the enforcement of such modification, waiver,
amendment or addition is or may be sought.
SECTION 19. Hold Harmless. Applicant shall defend, indemnifY, protect and hold harmless the City, its
elected officials and appointed officers, employees and consultants retained for purposes other than
formation of the Community Facilities District, from and against all claims for damages, liability, cost and
expense (including without limitation attorneys' fees) arising directly or indirectly out of the waiver by the
City Council of the City's procedures for the selection of any of the consultants identified in Section 1.
and retained by the City to assist in undertaking the Proceedings. Applicant's indemnification shall
include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers,
employees or consultants retained for purposes other than formation ofthe Community Facilities District
in defending against such claims, whether the same proceed to judgment or not. Further, Applicant at its
own expense shall, upon written request by the City, defend any such suit or action broughl against the
City, its officers, employees or consultants retained for purposes other than formation of the Community
Facilities District. Applicant's indemnification of City shall not be limited by any prior or subsequent
declaration by the consultant.
[Remainder of this page intentionally left blank.]
4
3-68
Page One of Two Signature Pages
to
Community Facilities District Reimbursement Agreement
between
the City of Chula Vista
and
McMillin Otay Ranch, LLC
IN WITNESS WHEREOF, City and Applicant have executed this Agreement thereby indicating that they
have read and understood same, and indicate their full and complete consent to its terms.
CITY OF CHULA VISTA
By:
Stephen Padilla
Mayor of the City Of Chula Vista
Attest:
Susan Bigelow
City Clerk
Approved as to Fonn:
Ann Moore
City Attorney
5
3-69
Page Two of Two Signature Pages
to
Community Facilities District Reimbursement Agreement
between
the City of Chula Vista
and
McMillin Otay Ranch, LLC
McMILLIN OTAY RANCH, LLC,
a Delaware.,limi~ð~Y~
By:. It- . -
::¿f:~~
Its: !/í
-
(ATTACH NOTARY ACKNOWLEDGMENTS)
'6
3-70
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
COUNCIL AGENDA STATEMENT
Item: .4-
Meeting Date: 3/22/05
RESOLUTION ACCEPTING $83,219 FROM
THE. OFFICE OF EMERGENCY SERVICES,
APPROPRIATING SAID FUNDS TO THE FY 2004/2005
POLICE DEPARTMENT SUPPLIES AND SERVICES
BUDGET, WAIVING THE CONSULTANT SELECTION
PROCESS AND APPROVING THE CONTRACTUAL
AGREEMENT WITH SOUTH BAY COMMUNITY
SERVICES TO PROVIDE SERVICES FOR DOMESTIC
VIOLENCE CASES.
Chief of POIiC¥
City Managerq;bi-'Y (4/5ths Vote: YeslLNo -->
The Police Department and South Bay Community Services have been providing
Domestic Violence Response Team services for the past eight years. The
attached contract formally continues those services, which include
comprehensive assessments of children and families, immediate crisis
intervention, and follow-up services to the victim and children. The contract is a
standard two-party agreement that has been approved as to form by the City
Attorney.
RECOMMENDATION: That Council adopts the resolution accepting $83,219
from the Office of Emergency Services, appropriating said funds to the FY
2004/2005 Police Department Supplies and Services budget, waiving the
consultant selection process, and approving the contractual agreement with
South Bay Community Services to provide services for Domestic Violence cases.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
The Chula Vista Police Department (CVPD) has received continued funding for
the expansion of a successfully established domestic violence program. The
Office of Emergency Services (OES) has awarded the Police Department
$83,219 during the 2nd_year term of a 3-year grant program.
4-1
Page 2,ltem: 4-
Meeting Date: 3/22/05
Since 1985, CVPD and South Bay Community Services (SBCS) have partnered
to address issues with juviniles. And since 1997, CVPD has been working in a
partnership with SBCS to provide direct services to domestic violence victims
and protect the children from abuse. The partnership between CVPD and SBCS
resulted in the formation of a 24-hour/7-day per week Domestic Violence
Response Team (DVRT). In order to provide more consistent and intensified
follow-up services, the DVRT program was expanded in October 2003 with the
addition of two full-time SBCS Advocates working on site at CVPD. The OES
grant has funded advocacy services in FY 2003/2004, and the second year
award will continue to do so in FY 2004/2005. Continuing services of the two
additional Advocates beyond FY 2004/2005 is contingent upon additional grant
funding to support the program.
Because of the established working relationship with SBCS, CVPD is seeking to
waive the consultant selection process and approve the contractual agreement
with SBCS to provide services for domestic violence cases. SBCS has tailored
their programs to meet the needs of the City and their experience, qualifications
and community presence make them a unique service provider.
The Domestic Violence Response Team consists of detectives from the Family
Protection Unit of the Police Department and Advocates from South Bay
Community Services. The Advocates work closely with the Detectives, provide
more intensified follow-up services after the violent incident, and help prevent the
need for further intervention by law enforcement. SBCS' Advocates are
mandated to provide 24-hour immediate mobile crisis intervention in response to
911 calls to the CVPD on all family violence cases involving children. Immediate
response is construed to mean 20 minutes and current average response time is
19-22 minutes. SBCS emergency staff meets CVPD officers at the scene of
domestic violence crimes to assess for child abuse as well as offer services to
victims. Additionally, CVPD has dedicated personnel from the Family Protection
Unit to arrive in such cases. This dedicated staffing will allow both CVPD and the
SBCS Advocate to have increased access to victims after the incident. The
following business day, the Advocate will follow-up with victims (alone or with a
CVPD Detective), set up home visits with those not sheltered and provide case
management and additional services to those placed in shelter. These visits will
be coordinated with a Detective, depending on the severity of the abuse and if
the perpetrator is still at large. Other SBCS Advocate services include safety
planning, support groups and counseling, Temporary Restraining Order
information and assistance, and transportation to a domestic violence shelter.
FY 2004/2005 DVRT Accomplishments (as of 12/31/04)
Responded to 392 calls for service relating to domestic violence cases
Made contact and offered advocacy to 100% of victims with cases
assigned to the unit
4-2
Page 2,ltem:
Meeting Date: 3/22/05
Provided advocacy, including crisis intervention, resource and referral
assistance, emergency assistance, and/or restraining order assistance to
392 victims
Provided 5 training sessions reaching 90 law enforcement officers
FISCAL IMPACT:
The Office of Emergency Services grant of $83,219 will completely offset the cost
of subcontracting to SBCS for the services of two full-time Advocates.
Continuing services of the two Advocates beyond FY 2004/2005 is contingent
upon additional grant funding from the Office of Emergency Services to support
the program. This is a one-time appropriation. As additional grant funds are
secured, the department will bring forward additional requests for further funding
of these positions.
Attachment: Two Party-Agreement
4""'3
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING $83,219 FROM THE OFFICE OF EMERGENCY SERVICES,
APPROPRIATING SAID FUNDS TO THE FY 2004/2005 POLICE
DEPARTMENT SUPPLIES AND SERVICES BUDGET, WAIVING THE
CONSULTANT SELECTION PROCESS AND APPROVING THE
CONTRACTUAL AGREEMENT WITH SOUTH BAY COMMUNITY SERVICES
TO PROVIDE SERVICES FOR DOMESTIC VIOLENCE CASES
WHEREAS, the Police Department was awarded $83,219 from the Office
of Emergency Services to enhance domestic violence response and advocacy
services; and
WHEREAS, the Police Department is seeking to waive the consultant
selection process as South Bay Community Services has partnered with the
Police Department since 1985 and tailored their programs to meet the needs of
the City; and their experience, qualifications and community presence make
them a unique service provider; and
WHEREAS, acceptance of this grant will offset the cost of subcontracting
services of two South Bay Community Services advocates; and
WHEREAS, the enhanced Domestic Violence Response and Advocacy
Team will provide advocacy, crisis intervention, resource and referral assistance,
emergency assistance and/or' restraining order assistance.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of
Chula Vista does hereby accept $83,219 from the Office of Emergency Services,
appropriating said funds to the the FY 2004/2005 Police Department Supplies
and Services budget, waive the consultant selection process and approve the
contractual agreement with South Bay Community Services to provide services
for domestic violence cases.
Pi1J;JfJL
Richard P. Emerson
Police Chief
Approved as to form by:
11~ ~ ., ~
Ann Moore
City Attorney
4-4
Agreement between
City of Chula Vista
and
South Bay Community Services
for Domestic Violence Response and Advocacy Services
This agreement ("Agreement"), dated 03/22/2005 for the purposes of reference
only, and effective as of the date last executed unless another date is otherwise
specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on
Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A,
paragraph 3, anc;! 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, since 1997, the City has worked with South Bay Community Services
to provide Domestic Violence Response and Advocacy 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.
Page 1
4-5
Obligatory Provisions Pages
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby
mutually agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the attached Exhibit A,
Paragraph 7, entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties", Consultant
shall also perform all of the services described in Exhibit A, Paragraph 8, entitled"
Scope of Work and Schedule", not inconsistent with the General Duties, according to,
and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such
Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth
therein, time being of the essence of this agreement. The General Duties and the work
and deliverables required in the Scope of Work and Schedule shall be herein referred
to as the "Defined Services". Failure to complete the Defined Services by the times
indicated does not, except at the option of the City, operate to terminate this
Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from time to time
reduce the Defined Services to be performed by the Consultant under this Agreement.
Upon doing so, City and Consultant agree to meet in good faith and confer for the,
purpose of negotiating a corresponding reduction in the compensation associated with
said reduction.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require
Consultant to perform additional consulting services related to the Defined Services
("Additional Services"), and upon doing so in writing, if they are within the scope of
services offered by Consultant, Consultant shall perform same on a time and materials
basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless
a separate fixed fee is otherwise agreed upon. All compensation for Additional
Services shall be paid monthly as billed.
Page 2
4-6
E. Standard of Care
Consultant, in performing any Services under this agreement, whether Defined
Services or Additional Services, shall perform in a manner consistent with that level of
care and skill ordinarily exercised by members of the profession currently practicing
under similar conditions and in similar locations.
F. Insurance
Consultant represents that it and its agents, staff and subconsultants employed
by it in connection with the Services required to be rendered, are protected against the
risk of loss by the following insurance coverages, in the following categories, and to the
limits specified, policies of which are issued by Insurance Companies that have a Best's
Rating of "A, Class V" or better, or shall meet with the approval of the City:
Consultant must procure insurance against claims for injuries to persons or
damages to property that may arise from or in connection with the performance ofthe work
under the contract and the results of that work by the consultant, his agents,
representatives, employees or subcontractors and provide documentation of same prior to
commencement of work. The insurance must be maintained for the duration of the
contract.
Minimum Scope of Insurance
Coverage must be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence
Form CGOO01) in the amount set forth in Exhibit A, Paragraph 9.
2. Insurance Services Office Form Number CA 0001 covering Automobile Liability,
Code 1 (any auto) in the amount set forth in Exhibit A, Paragraph 9.
3. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance in the amount set forth in the attached Exhibit A,
Paragraph 9.
4. Professional Liability or Errors & Omissions Liability insurance appropriate to the
consultant's profession. Architects' and Engineers' coverage is to be endorsed
to include contractual liability in the amount set forth in Exhibit A, Paragraph 9.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions rnust be declared to and approved by the City.
At the option ofthe City, either the insurer will reduce or eliminate such deductibles or self-
insured retentions as they pertain to the City, its officers, officials, employees and
volunteers; or the consultant will provide a financial guarantee satisfactory to the City
Page 3
4-7
guaranteeing payment of losses and related investigations, claim administration, and
defense expenses.
Other Insurance Provisions
The general liability, automobile liability, and where appropriate, the worker's compensation
policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Chula Vista, its officers, officials, employees, agents, and volunteers
are to be named as additional insureds with respect to liability arising out of
automobiles owned, leased, hired or borrowed by oron behalf of the consultant,
where applicable, and, with respect to liability arising out of work or operations
performed by or on behalf of the consultant's including providing materials, parts
or equipment furnished in connection with such work or operations. The general
liability additional insured coverage must be provided in the form of an
endorsement to the consultant's insurance using ISO CG 20 10 11 85 or its
equivalent.
2. The consultant's insurance coverage must be primary insurance as it pertains to
the City, its officers, officials, employees, agents, and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees, or
volunteers is wholly separate from the insurance of the contractor and in no way
relieves the contractor from its responsibility to provide insurance.
3. Each insurance policy required by this clause must be endorsed to state that
coverage will not be canceled by either party, except after thirty (30) days' prior
written notice to the City by certified mail, return receipt requested.
4. Coverage shall not extend to any indemnity coverage for the active negligence
of the additional insured in any case where an agreement to indemnify the
additional insured would be invalid under Subdivision (b) of Section 2782 of the
Civil Code.
5. Consultant's insurer will provide a Waiver of Subrogation in favor of the City for
each required policy providing coverage during the life of this contract.
If Errors & Omissions coverage are written on a claims-made form:
1.
The "Retro Date" must be shown, and must be before the date of the
contract or the beginning of the contract work.
Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the contract work.
If coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a "Retro Date" prior to the contract effective
2.
3.
Page 4
4-8
4.
date, the Consultant must purchase "extended reporting" coverage for a
minimum of five (5) years after completion of contract work.
A copy of the claims reporting requirements must be submitted to the City
for review.
Acceptability of Insurers
Insurance is to be placed with licensed insurers admitted to transact business in the State
of California with a current A.M. Best's rating of no less than A-V. Ifthe insurance is placed
with a surplus lines insurer, insurer must be listed on the State of California List of Eligible
Surplus Lines Insurers (LESLI) and be AM. Best's rated A-V.
Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements
effecting coverage required by this clause. The endorsements should be on insurance
industry forms, provided those endorsements or policies conform to the contract
requirements. All certificates and endorsements are to be received and approved by the
City before work commences. The City reserves the right to require, at anytime, complete,
certified copies of all required insurance policies, including endorsements evidencing the
coverage required by these specifications.
Subcontractors
Consultants must include all sub-consultants as insureds under its policies or furnish
separate certificates and endorsements for each sub-consultant. All coverage for sub-
consultants is subject to all of the requirements included in these specifications.
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.
Page 5
4-9
H. Securitv for Performance.
(1) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates the need for
Consultant to provide a Performance Bond (indicated by a check mark in the
parenthetical space immediately preceding the subparagraph entitled "Performance
Bond"), then Consultant shall provide to the City a performance bond in the form
prescribed by the City and by such sureties which are authorized to transact such
business in the State of California, listed as approved by the United States Department
of Treasury Circular 570, http://www.fms.treas.qov/c570, and whose underwriting
limitation is sufficient to issue bonds in the amount required by the agreement, and
which also satisfy the requirements stated in Section 995.660 of the Code of Civil
Procedure, except as provided otherwise by laws or regulations. All bonds signed by
an agent must be accompanied by a certified copy of such agent's authority to act.
Surety companies must be duly licensed or authorized in the jurisdiction in which the
Project is located to issue bonds for the limits so required. Form must be 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.
Page 6
4-10
I.
Business License
Consultant agrees to obtain a business license from the City and to otherwise
comply with Title 5 of the Chula Vista Municipal Code.
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing the
progress of the Defined Services and Schedule therein contained, and to provide
direction and guidance to achieve the objectives of this agreement. The City shall
, permit access to its office facilities, files and records by Consultant throughout the term
of the agreement. In addition thereto, City agrees to provide the information, data,
items and materials set forth on Exhibit A, Paragraph 10, and with the further
understanding that delay in the provision of these materials beyond 30 days after
authorization to proceed, shall constitute a basis for the justifiable delay in the
Consultant's performance of this agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant submitted to the City
periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently
than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall
compensate Consultant for all services rendered by 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.
Page 7
4-11
4. Term.
This agreement shall terminate on June 30, 2005 provided however (a) the
effectiveness of this Agreement for the fiscal year commencing July 1, 2004 shall be
contingent upon City's appropriation, in its sole discretion, of the necessary funds
therefore; and (b) Consultant's obligations under Section 7 hereof shall survive such
termination.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages Rate is provided in
Exhibit A, Paragraph 14.
It is acknowledged by both parties that time is of the essence in the completion
of this Agreement. It is difficult to estimate the amount of damages resulting from delay
in performance. The parties have used their judgment to arrive at a reasonable amount
to compensate for delay.
Failure to complete the Defined Services within the allotted time period specified
in this Agreement shall result in the following penalty: For each consecutive calendar
day in excess of the time specified for the completion of the respective work
assignment or Deliverable, the consultant shall pay to the City, or have withheld from
monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14
("Liquidated Damages Rate").
Time extensions for delays beyond the consultant's control, other than delays
caused by the City, shall be requested in writing to the City's Contract Administrator, or
designee, prior to the expiration of the specified time. Extensions of time, when
granted, will be based upon the effect of delays to the work and will not be granted for
delays to minor portions of work unless it can be shown that such delays did or will
delay the progress of the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer",'
Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act
conflict of interest and disclosure provisions, and shall report economic interests to the
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.
Page 8
4-12
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, Cons.ultant
further warrants and represents that Consultant will not acquire, obtain, or assume an
economic interest during the term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
further warrants and represents that Consultant will immediately advise the City
Attorney of City if Consultant learns of an economic interest of Consultant's that may
result in a conflict of interest for the purpose of the Fair Political Practices Act, and
regulations promulgated thereunde~.
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.
Page 9
4-13
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 that may be in conflict with Consultant's
responsibilities under this Agreement, except with the written permission of City.
7. Hold Harmless
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability,
cost and expense (including without limitation attorneys fees) arising out of or alleged
by third parties to be the result of the negligent acts, errors or omissions or the willful
misconduct of the Consultant, and Consultant's employees, subcontractors or other
persons, agencies or firms for whom Consultant is legally responsible in connection
with the execution of the work covered by this Agreement, except only for those claims,
damages, liability, costs and expenses (including without limitations, attorneys fees)
arising from the sole negligence or sole willful misconduct of the City, its officers,
employees. Also covered is liability arising from, connected with, caused by or claimed
to be caused by the active or passive negligent acts or omissions of the City, its agents,
officers, or employees which may be in combination with the active or passive negligent
acts or omissions of the Consultant, its employees, agents or officers, or any third party.
With respectto losses arising from Consultant's professional errors or omissions,
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability,
cost and expense (including without limitation attorneys fees) except for those claims
arising from the negligence or willful misconduct of 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. Consultant's obligations
under this Section shall not be limited by any prior or subsequent declaration by the
Consultant. Consultant's obligations under this Section shall survive the termination of
this Agreement.
Page 10
4-14
For those professionals who are required to be licensed by the state (e.g. architects and
engineers), the following indemnification provisions should be utilized:
1.
Indemnification and Hold Harmless Agreement.
With respect to any liability, including but not limited to claims asserted or costs,
losses, attorney fees, or payments for injury to any person or property caused or
claimed to be caused by the acts or omissions of the Consultant, or Consultant's
employees, agents, and officers, arising out of any services performed involving this
project, except liability for Professional Services covered under Section X.2, the
Consultant agrees to defend, indemnify, protect, and hold harmless the City, its agents,
officers, or employees from and against all liability. Also covered is liability arising from,
connected with, caused by, or claimed to be caused by the active or passive negligent
acts or omissions of the City, its agents, officers, or employees which may be in
combination with the active or passive negligent acts or omissions of the Consultant, its
employees, agents or officers, or any third party. The Consultant's duty to indemnify,
protect'and hold harmless shall not include any claims or liabilities arising from the sole
negligence or sole willful misconduct of the City, its agents, officers or employees. This
section in no way alters, affects or modifies the Consultant's obligation and duties under
Section Exhibit A to this Agreement.
2.
Indemnification for Professional Services.
As to the Consultant's professional obligation, work or services involving this
Project, the Consultant agrees to indemnify, defend and hold harmless the City, its
agents, officers and employees from and against any and all liability, claims, costs, and
damages, including but not limited to, attorneys fees, losses or payments for injury to
any person or property, caused directly or indirectly from the negligent acts, errors or
omissions of the Consuitant or Consultant's employees, agents or officers; provided,
however, that the Consultant's duty to indemnify shall not include any claims or liability
arising from the negligence or willful misconduct of the City, its agents, officers and
employees.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
Consultant's obligations under this Agreement, or if Consultant shall violate any of the
covenants, agreements or stipulations of this Agreement, City shall have the right to
terminate this Agreement by giving written notice to Consultant of such termination and
specifying the effective date thereof at least five '(5) days before the effective date of
such termination. In that event, all finished or unfinished documents, data, studies,
surveys, drawings, maps, reports and other materials prepared by Consultant shall, at
Page 11
4-15
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 notation), without prior written consent of City.
City hereby consents to the assignment of the portions of the Defined Services
identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as
"Permitted Subconsultants".
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans,
procedures, systems and any other materials or properties produced under this
Agreement shall be the sole and exclusive property of City. No such materials or
Page 12
4-16
properties produced in whole or in part under this Agreement shall be subject to private
use, copyrights or patent rights by Consultant in the United States or in any other
country without the express written consent of City. City shall have unrestricted
authority to publish, disclose (except as may be limited by the provisions of the Public
Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any
such reports, studies, data, statistics, forms or other materials or properties produced
under this Agreement.
13. Independent Contractor
City is interested only in the results obtained and Consultant shall perform as an
independent contractor with sole control of the manner and means of performing the
services required under this Agreement. City maintains the right only to reject or accept
Consultant's work products. Consultant and any of the Consultant's agents, employees
or representatives are, for all purposes under this Agreement, an independent
contractor and shall not be deemed to be an employee of City, and none of them shall
be entitled to any benefits to which City employees are entitled including but not limited
to, overtime, retirement benefits, worker's compensation benefits, injury leave or other
leave benefits. Therefore, City will not withhold state or federal income tax, social
security tax or any other payroll tax, and Consultant shall be solely responsible for the
payment of same and shall hold the City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement, against the
City unless a claim has first been presented in writing and filed with the City and acted
upon by the City in accordance with the procedures set forth in Chapter 1.34 of the
Chula Vista Municipal Code, as same may from time to time be amended, the
provisions of which are incorporated by this reference as if fully set forth herein, and
such policies and procedures used by the City in the implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City for
the purpose of resolving any dispute over the terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that
the prevailing party shall be entitled to a judgment against the other for an amount
equal to reasonable attorney's fees and court costs incurred. The "prevailing party"
shall be deemed to be the party who is awarded substantially the relief sought.
Page 13
4-17
16. Statement of Costs
In the event that Consultant prepares a report or document, or participates in the
preparation of a report or document in performing the Defined Services, Consultant
shall include, or cause the inclusion of, in said report or document, a statement of the
numbers and cost in dollar amounts of all contracts and subcontracts relating to the
preparation of the report or document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have no
authority to act as City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their
principals is/are licensed with the State of California or some other state as a licensed
real estate broker or salesperson. Otherwise, Consultant represents that neither
Consultant, nor their principals are licensed real estate brokers or salespersons.
C. Notices
All notices, demands or requests provided for or permitted to be given pursuant
to this Agreement must be in writing. All notices, demands and requests to be sent to
any party shall be deemed to have been properly given or served if personally served or
deposited in the United States mail, addressed to such party, postage prepaid,
registered or certified, with return receipt requested, at the addresses identified herein
as the places of business for each of the designated parties.
D. Entire Agreement
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.
Page 14
4-18
E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the other
party that it has legal authority and capacity and direction from its principal to enter into
this Agreement, and that all resolutions or other actions have been taken so as to
enable it to enter into this Agreement.
F. Governing LawNenue
This Agreement shall be governed by and construed in accordance with the laws
of the State of California. Any action arising under or relating to this Agreement shall
be brought only in the federal or state courts located in San Diego County, State of
California, and if applicable, the City of Chula Vista, or as close thereto as possible.
Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista.
Page 15
4-19
Signature Page
to
Agreement between City of Chula Vista and South Bay Community Services
for Domestic Violence Response and Advocacy 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:
,2005
City of Chula Vista
by:
Stephen Padilla, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
~~~~~
Ann Moore, ity Att ney .
Dated: ~ II J "J.bDt
d;--
Exhibit List to Agreement
(X)
Exhibit A.
Page 16
4-20
Exhibit A
to
Agreement between
City of Chula Vista
and
South Bay Community Services
1. Effective Date of Agreement: 07/01/2004
2. City-Related Entity:
(X)
City of Chula Vista, a municipal chartered corporation of the State of
California
3.
Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4.
Consultant: South Bay Community Services
5.
Business Form of Consultant:
(X) Corporation
6.
Place of Business, Telephone and Fax Number of Consultant:
1124 Bay Blvd, Suite D
Chula Vista, California 91911
Voice Phone (619) 420-5094
Fax Phone (619)420-8722
7. General Duties: Domestic Violence Response and Advocacy Services
8. Scope of Work and Schedule:
Detailed Scope of Work: The Operational Agreem'ent (Exhibit B)
between South Bay Community Services and the Chula Vista Police
Department signed September 23, 2004 and Office of Emergency
Services grant #LE04026364 shall serve as scope of work for this
agreement.
Page 17
4-21
B. Date for Commencement of Consultant Services:
( ) Same as Effective Date of Agreement
(X) Other: 07/01/2004
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No.1:
The Operational Agreement (Exhibit B) between South Bay Community
Services and the Chula Vista Police Department signed September 23,
2004 details time limits and deliverables for this agreement.
D. Date for completion of all Consultant services:
Upon compliance with all executory provisions herein.
9. Insurance Requirements:
1. General Liability:
(Including operations,
products and completed
operations, as applicable.)
2. Automobile Liability:
3. Workers' Compensation
Employer's Liability:
$1,000,000 per occurrence for bodily Injury, personal injury and
property damage. If Commercial General Liability i.nsurance with a
general aggregate limit is used, either the general aggregate limit
must apply separately to this project/location or the general
aggregate limit must be twice the required occurrence limit. .
$1,000,000 per accident for bodily injury and property damage.
Statutory
$1,000,000 each accident
$1,000,000 disease-policy limit
$1,000,000 disease-each employee
4. Professional Liability or $ 500,000 each occurrence
Errors & Omissions Liability: $1,000,000 policy aggregate
10. Materials Required to be Supplied by City to Consultant:
None.
11. Compensation:
A. (X) Single Fixed Fee Arrangement.
Page 18
4-22
For performance of all of the Defined Services by Consultant as herein required,
City shall pay a single fixed fee in the amounts and at the times or milestones or for the
Deliverables set forth below:
Single Fixed Fee Amount: $78,256, payable as follows:
Quarterlv installments of $19.564 each.
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.
13. Contract Administrators:
City: Lieutenant Tro Peltekian, Investigations Division
Police Department
315 4th Avenue
Chula Vista, CA 91910 (619)585-5670
Consultant: Kathryn Lembo, Executive Director
1124 Bay Blvd, Suite D
Chula Vista, California 91911
14. Liquidated Damages Rate:
None.
15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of
Interest Code:
(X) Not Applicable. Not an FPPC Filer.
16. ( ) Consultant is Real Estate Broker and/or Salesman
Not Applicable
17. Permitted Subconsultants:
None.
Page 19
4-23
18. Bill Processing:
A. Consultant's billing to be submitted for the following period of time:
(X) Quarterly
B. Day of the period for submission of Consultant's billing:
(X) First of the Month
C. City's Account Number: 100-14350-6401
19. Security for Performance
None Required.
4-24
Page 20
EXHIBIT B
01Y Of
CHULA VISTA
POLICE DEPARTMENT
OPERATIONAL AGREEMENT
This Operational Agreement stands as evidence that the Chula Vista Police Department (CVPD) and South
Bav Community Services (SBCS) intend to work together toward the mutual goal of providing maximum
available assistance for crime victims in San Diego's South Bay. Both agencies believe that implementation
of the Domestic Violence Program, as described herein, will further this goal. To this end, each agency
agrees to participate in the program, if selected for funding, by coordinating/providing the following
services:
The Chula Vista Police Department ¡Jroject will closely coordinate the following services with South Bav
Community Services through: .
. SBCS Project staff being readily available to Chula Vista Police Department for service provision.
. Regularly scheduled meetings once per month between SBCS' FamiIv Wellness and Self Sufficiencv
Department Director and CVPD's Familv Protection Unit Investigator to discuss strategies, time
tables, and implementation of mandated services.
Specifically:
Chula Vista Police Department agrees to:
. Act as lead administrative and fiscal agent for the project;
. Facilitate the provision of domestic violence training for CVPD officers by SBCS staff;
. Prompt notification of SBCS Community Assessment Workers by officers at the scene of
domestic violence;
. Participation in joint meetings to ensure optimal project effectiveness and utilization of
resources; .
. Provision of information for evaluation and measurement of services.
South Bay Community Services will:
. Provide the 24 hoUr/7 days a week Community Assessment Workers for the Domestic Violence
Response Team, to respond to calls from CVPD officers;
. Provide and coordinate a continùum of services to the families identified by the project w!úch
may include: crisis intervention, assessment, case management, individual group and family
counseling, confidential shelter or transition housing, and a temporary restraining order clinic;
. Provide cooperation and information for evaluation and measurement of components of the
project.
We, the undersigned, as authorized representatives of Chula Vista Police Department and South Bay
Co=~. dO:by "","w!hi, "",""""l
Rick Emerson.. C!úef
For Chula Vista Police Department
Date 3/13/0'/
For South Bav Community Services
Date '1 - L'3 -Ol...f
4-25
~"!?
PRIDE
AT WORK
......... _1...1",;.hr, anv
COUNCIL AGENDA STATEMENT
Item: .5
Meeting Date: 3/22/05
ITEM TITLE:
RESOLUTION AMENDING THE FY
2004/2005 POLICE DEPARTMENTS SUPPLIES AND
SERVICES AND CAPITAL BUDGETS TO APPROPRIATE
$138,740 OF AVAILABLE GRANT FUNDS FROM THE
SUPPLEMENTAL LAW ENFORCEMENT SERVICES
FUND. .
Chief of police~
Gf ~
City Manager ]( Q (4/5ths Vote: YeslLNo -.J
SUBMITTED BY:
REVIEWED BY:
Over the years, the Police Department has received funding from the
Supplemental Law Enforcement Services Fund (SLESF), which is directly
deposited into an interest-bearing fund. The Department has recently audited
and consolidated the fund balances of the multiple SLESF grant awards and
requests to appropriate the unexpended balance of $138,740 from previous year
appropriations that were not carried over to the FY 2004/2005 Police budget.
These funds must be expended or encumbered by June 30, 2005.
RECOMMENDATION: That Council adopts the resolution amending the FY
2004/2005 Police Departments Supplies and Services and Capital budgets to
appropriate $138,740 of available grant funds from the Supplemental Law
Enforcement Services Fund.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
BACKGROUND:
During FY 1996/1997, the State appropriated funds for local law enforcement
services per AB 3229, Chapter 134, Statutes of 1996. In accordance with this
legislation, the State has appropriated funds annually to local law enforcement
agencies. These funds are deposited into the City's Supplemental Law
Enforcement Services Fund (SLESF), which is an interest-eaming fund. Money
is transferred from SLESF to the General Fund as SLESF-authorized
expenditures are made.
5-1
Page 2,ltem: S
Meeting Date: 3/22/05
DISCUSSION:
Over the years, the Police Department has received funding from the
Supplemental Law Enforcement Services Fund (SLESF), which is directly
deposited into an, interest-bearing fund. The Department has recently audited
and consolidated the fund balances of the multiple SLESF grant awards and
requests to appropriate the unexpended balance of $138,740 from previous year
appropriations that were not carried over to the FY 2004/2005 Police budget.
These funds must be expended or encumbered by June 30, 2005.
During the budget process, the Police Department typically identifies
unexpended grant funds, and requests these funds and associated expenditure
appropriations to be carried over to the next fiscal year. In this past budget
process, $158,740 of the SLESF grant had been identified as unexpended funds,
and was carried over to the FY 2004/2005 budget. An additional $138,740 was
recently identified as unexpended funds, and the Department is requesting to
carry over this amount to the Police's FY 2004/2005 budget.
The Department proposes to use these funds on the following items:
Live Scan Fingerprint System
Equipment for Special Investigations Unit
SWAT Tactical Vests
Tasers, Holsters & Cartridges
Camera Equipment for Crime Lab
Digital Cameras for Patrol Cars
TOTAL
$ 45,255
$ 37,216
$ 29,198
$ 13,764
$ 7,026
$ 6,281
$138,740
A new live scan fingerprint system is needed to replace an obsolete system that
has been out of production since 2000 and will have a discontinued maintenance
contract on January 1, 2006. The live scan system electronically scans
fingerprints and sends them via a secure data transmittion line to California
Department of Justice for identification and criminal 10 purposes. The live scan
system reduces the turn-around time for fingerprint identification from 6 weeks to
72 hours in most cases. This greatly enhances the departments ability to quikly
identify individuals and also accurately populate the criminal fingerprint database.
Equipment for the Special Investigations Unit will assist in the day-to-day
operations of the unit. This equipment consists of a GPS tracker (to covertly track
suspect vehicles during investigations in realtime via a computer), a covert
wireless video camera, night vision goggles and other specialty equipment.
The purchase of SWAT tactical vests will replace the existing vests, which have
expired due to normal wear and tear. These tactical vests are more ballistically
resistant than the standard issue vests issued to officers.
5-2
Page 2,ltem: .5
Meeting Date: 3/22/05
The taser equipment relates to the expenditure plan for the 2004 Local Law
Enforcement Block Grant (LLEBG) and meets the local match requirement. Since
tasers are checked out each time an officer reports for duty, special belt clips to
hold the new model taser must be issued to each officer. Additionally, officers will
be issued two taser cartridges to replace cartridges as they are used.
Camera equipment for the Crime Lab consists of state of the art digital SLR
cameras and compact digital cameras for the patrol cars will enhance existing
resources and improve efficiency of operations.
FISCAL IMPACT:
Approval of this resolution will result in the appropriation of $138,740 to the FY
2004/2005 capital budget of the Police Department. The available funds from the
Supplemental Law Enforcement Services Fund will completely offset the capital
expenditures, resulting in no net impact to the General Fund. This is a one-time
appropriation to the Police Department budget.
5-3
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AMENDING THE FY 2004/2005 POLICE BUDGET TO
APPROPRIATE $138,740 OF AVAILABLE GRANT FUNDS
FROM THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES
FUND.
WHEREAS, the Supplemental Law Enforcement Services Fund received
by the State is directly deposited into an interest-earning fund; and
WHEREAS, money is transferred from the Supplemental Law
Enforcement Services Fund to the General Fund as grant-authorized
expenditures are made; and
WHEREAS, the Police Department has recently discovered that grant
money is available from the Supplemental Law Enforcement Services Fund; and
WHEREAS, the Police Department is requesting to appropriate $138,740
of available funds from the Supplemental Law Enforcement Services Fund to the
FY 2004/2005 Police budget.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of
Chula Vista does hereby amends the FY 2004/2005 Police budget to appropriate
$138,740 of available grant funds from the Supplemental Law Enforcement
Services Fund.
7Z;:J f L
Richard P. Emerson
Police Chief
Approved as to form by:
~~~:
Ann Moore .
City Attorney
5-4
COUNCIL AGENDA STATEMENT
Item Þ
Meeting Date 3/22/2005
ITEM TITLE:
Resolution Awarding a Purchase Agreement in the amount of
$138,246 for one graffiti removal truck to Dispensing Technology
Corporation
SUBMITTED BY: Director of Public Works Operationo,.t7
Director of Finance ~ VY
REVIEWED BY: CityManager&;Di:" (4/5 Vote: Yes_Nol)
In an effort to enhance the City's graffiti eradication and abatement program, a new graffiti
abatement van was approved during the FY 04-05 budget process. The bid was advertised in the
Chula Vista Star News and the City's Website on January 21, 2005, and opened on February 18,
2005. In addition, eight potential respondents were contacted, with two companies submitting
proposals. There were no local vendors who could design and build this type of truck.
RECOMMENDATION: That the City Council approve the Resolution awarding a purchase
agreement in the amount of $138,246 for one graffiti removal truck to Dispensing Technology
Corporation.
BOARD/COMMISSION RECOMMENDATION: Not Applicable
DISCUSSION:
The graffiti removal truck will give graffiti crews the ability to match paint colors on the scene.
The graffiti crew currently covers graffiti with available colors that do not always match the
existing wall or object color. The new equipment allows for color matching so precise that the
graffiti will be virtually undetectable. The graffiti removal truck will be an excellent addition to
the services the City already offers in the fight against graffiti and promotes strong and safe
neighborhoods. The bids received are summarized below:
Table 1
Summary of Bids
CONTRACTOR
Dispensing Technology Corporation
Mo ark, CA
M-B Companies, Inc.
Mon om ,PA
BID AMOUNT
$138,245.40
$165,000.00
6-1
Page 2, Item £
Meeting Date 3/22/05
FISCAL IMPACT:
Sufficient funds have been budgeted in the Public Works Operations budget for the purchase of a
graffiti removal truck ($140,000). The impact to the General Fund will be $22,976 annually for
equipment maintenance and replacement costs.
C,\Documents and Settings\robcrtbIMy Documents\Bob\equ;pment\Al13 graffiti removal truckdoc
6-2
RESOLUTION NO. 2005--
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AWARDING A PURCHASE AGREEMENT IN
THE AMOUNT OF $13 8,246 FOR ONE GRAFFITI REMOVAL
TRUCK TO DISPENSING TECHNOLOGY CORPORATION
WHEREAS, in an effort to enhance the City's graffiti eradication and abatement
program, a new graffiti abatement van was approved during the FY04/05 budget process; and
WHEREAS, the bid was advertised in the Chula Vista Star News and the City's
Website on January 21,2005, and opened on February 18, 2005; and
WHEREAS, eight potential respondents were contacted, with two companies
submitting proposals; and
WHEREAS, the graffiti removal truck will give graffiti crews the ability to make
paint colors on the scene. The bids received are summarized below:
CONTRACTOR BID AMOUNT
Dispensing Technology Corporation $138,245.40
Mooroark, CA
M-B Companies, Inc. $165,000.00
Montgomery, PA
NOW, THEREFORE, BE IT RESOLVED that the City Council award a Purchase
Agreement in the amount of $138,245.40 for one graffiti removal truck to Dispensing
Technology Corporation, a copy of which shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is
hereby authorized to execute said Agreement on behalf of the City of Chula Vista,
Presented by
Approved as to fo= by
Jack Griffin
Director of General Services
~~y\} \\\ \\"\ 'í~~,
Ann Moore
City Attorney
J:attomey\Reso\Pmchase Ag;eement\Graffiti
:\Attomey\RESOIPURCHASE AGM1ìgRAFFITIl.doc
6-3
~~~
----
-
-
CIlY OF
CHUIA VISTA
Council Agenda Statement
Item: 1
Meeting Date: March 22, 2005
ITEM TITLE:
Resolution Accepting A Grant For $50,000 From
The California Department Of Forestry & Fire Protection To
Supplement The City's Reforestation Program And Appropriating Said
Funds To The Environmental Resource Management Unit Of the
Conservation and Environmental Services Department.
SUBMITTED BY:
REVIEWED BY:
Director conserv. a. tion and EnVironw=ent Services
Environmental Resource Manager
City Manager GV9[V'
/fi (4/5ths Vote Yes! No j
The $50,000 Proposition 12 grant will supplement the City's Urban Reforestation Program
by providing funds to plant 460 shade trees citywide on public right-of-way from December
1, 2004 to March 1, 2007, People for Trees (PFT), a non-profit tree planting organization,
assisted the City with grant preparation and submittal.
The grant allows the City to provide trees and planting services to households and schools
at no cost. The focus of the tree-planting grant is to plant trees in western Chula Vista to
help beautify the City and to mitigate the impact of "urban heat island effect" on the City.
RECOMMENDATION:
Council approves the resolution to accept the $50,000 grant and appropriate said funds to
the supplies and services category of the Environmental Resource Management unit of
the Conservation and Environmental Services Department.
BOARD AND COMMISSION RECOMMENDATION:
Not Applicable
DISCUSSION:
The purpose of the grant funds is to fund a project to plant 460 trees in public "right-of-
way" from December 1, 2004 to March 1, 2007. The main goals of the project are to
beautify western Chula Vista and to reduce the impact of urban heat island effect on the
City. Another goal of the project is to ensure residents and schools are involved in
planting and in providing maintenance for the trees to benefit the community.
The grant allows the City to provide trees and planting services, at no cost, to households
and schools. The tree planting effort funded by the grant also supports the City's CO2
Reduction Plan ("CO2 Plan") adopted in November 2000 and the Energy Strategy and
Action Plan adopted in May 2001.
rJ---1
Item: 7
Page: 2 of 2
On April 30, the Conservation program collaborated with the Public Works Operations
("PWO") Department and People for Trees ("PFT") to develop and file a Proposition 12
grant application with the California Department of Forestry and Fire Protection ("CDF") for
$50,000. PFT is non-profit tree planting organization that specializes in assisting local
governments develop and implement urban forestry programs. PFT assisted the City
prepare and submit a grant application to CDF.
On June 15, 2004, Council adopted a resolution ratifying and approving the grant
application. A summary of the project work plan, timeline and budget is in the June 15,
2004 staff report (Attachment 1). On July 22,2004, CDF notified staff that the City would
receive a $50,000 grant award. To receive grant funds, CDF requires the City to enter into
a standard state contract and to execute other implementing agreements with CDF
(Attachment 2).
Due to PFTs assistance with the grant application, unique expertise in coordinating
community tree planting events and their commitment to providing in-kind volunteer
services for the project, as outlined in the approved grant application, staff proposes to
subcontract with PFT to promote and coordinate tree planting within the City.
The Environmental Resource Manager, with assistance from PFT staff and the City
Arborist will integrate volunteer tree-planting efforts with the Public Works Operations
Department's "Urban Reforestation Program" to plant trees in City public right-of-way, to
educate the public, facilitate community involvement, and inspire support for tree
maintenance in urban residential areas. The City Arborist in the Public Works Operations
Department will assist residents and schools with tree selection and by excavating tree
planting locations in accordance with City's tree planting guidelines.
The Environmental Resource Manager with assistance from PFT will promote the
community tree planting project by sending correspondence to community planning
groups, placing notices in community newspapers, and holding public meetings
announcing the planting opportunity.
Property owners who request a tree will be requested to sign a voluntary maintenance
form agreeing to provide water and care for the tree(s) for up to three years. The Public
Works Operations Department has committed to providing long-term care for the trees.
FISCAL IMPACT:
The total value of the project including grant funds is $74,876.80. This amount will be
funded as follows; $50,000 from the CDF grant, $12,500 from a combination of existing
budget allocations for materials and in-kind staff services, and $12,736.80 from in-kind
volunteer services from PFT.
ATTACHMENTS:
1. June 15, 2004 Staff Report and Resolution Ratifying Tree Grant Application
2. State Standard Agreement, General Terms & Conditions and Certification
Documents
'1"0-
Attachment 1
~!~
-'--
"""'1t~~
01Y OF
OIULA VISTA
Council Agenda Statement
ITEM TITLE:
Item: ';¡'I
Meeting Date: June 15.2004
Resolution Ratifying and Approving a $50,000
"Proposition 12" Grant Application Submitted to the Califomia
Department of Forestry and Fire Protection to Fund the Planting of
460 Trees in the City.
Director, Conservation and Environmental services~
Environmental Resource Manager W
City ManagerC¡"" v g
.I1!)i (4I5ths Vote Yes - No ~
SUBMITTED BY:
REVIEWED BY:
On April 30, City staff submitted a grant application to the California Department of
Forestry and Fire Protection ("CDF") for $50,000 to fund a project to plant 460 trees in
City public "right-of-way" during calendar years 2005 and 2006. The goal of the project
is to reduce the impact of urban heat island effect on the City. This goal supports the
City's C~ Reduction Plan ("CO2 Plan") adopted in November 2000 and supports the
Department of Conservation and Environmental Services (CES) mission to promote
resource conservation. The grant requires a resolution from Council approving the
application before a grant can be awarded.
On warm summer days, the air in urban areas can be 6-8"F hotter than its surrounding
areas. Scientists call these cities "urban heat islands." The higher temperature in urban
heat islands increases use of air conditioning, which in tum raises pollution levels by
increasing demand on power plants. The "heat island effect" is caused by dark
surfaces such as streets and rooftops that absorb more heat from the sun. Planting
more trees will provide shade, help to cool the air and reduce overall citywide energy
use.
If the grant is awarded, CES will provide $12,500 in matching funds to assist residents
and schools plant trees in front of their property, in the public right-of-way. The
Environmental Resource Manager, in the CES Department, will administer the project
and coordinate the participation of outside agencies and other City departments. CES
will partner with People for Trees (PFT), a not-for-proflt organization established in
1989. In 2003, CES partnered with PFT to assist 150 residences plant approximately
650 trees in Chura Vista on private residential properties. PFT will assist the
Environmental Resource Manager with this project by coordinating tree planting events
and providing all required supplies, including trees, for planting, to residents and
schools. The City Arborist, in the Public Works Operations Department, will support the
-=</-/-
ry-3
Page2of6
Meeting: June 15. 2004
project by assisting with tree selection and preparing site-planting locations for tree
planting, in accordance with CDF and the City's tree planting guidelines. .
CDF requires that the grant applications include a resolution authorizing submittal of the
grant application.
RECOMMENDATION:
Council adopt the resolution to ratify and approve a $50,000 'Proposition 12" grant
application submitted to the California Department of Forestry and Fire Protection to
fund the planting of 460 trees in the City.
BOARD AND COMMISION RECOMMENDATION:
Not Applicable
DISCUSSION:
ProDositlon 12
Under Proposition 12, the Watershed, Wildlife and Parks Improvement Bond Act of
2000, an allocation of $10,000,000 was given to the CDF, Urban Forestry Program to
implement tree planting in urban settings. The purpose of the Urban and Community
Forestry Program is:
. To create sustainable urban forests,
. To help improve the quality of life in urban environments,
. To promote increased awareness in the proper planting and care needed to foster
healthy community forests, and
. To incorporate community involvement, participation, education and stewardship of
urban forests.
Through competitive grant application, Proposition 12 allocates $1,175,000 for cities,
counties, districts and not-for-profits in calendar years 2005 and 2006. The City filed
an application on April 30, 2004 for $50,000. The deadline to file an application was
May 3, 2004. Grant awards will be announced on July 1, 2004. Grant activities must be
completed by March 1,2007.
To ensure that the City preserved its opportunity to compete for these funds, the
Conservation and Environmental Services Department partnered with the Public Works
Operations Department and PFT to develop and file the grant application without a
resolution. The grant requires a resolution from Council approving the application
before it can be awarded.
~
1-Lj-
Page30f6
Meeting: June 15. 2004
Chula Vista Urban Heat Island Mitigation Project
The City of Chula Vista's CO2 Plan was developed in 1996 as a tool to reduce the
effects of Carbon Dioxide on the environment. The Environmental Resource Manager
is responsible for implementing transportation and energy related measures of the CO2
Plan. The City Council adopted the CO2 Plan in November 2000. Development of the
Plan included citizen participation through a task force representing the development
and business community, local and state govemment and City staff. The CO2 Plan
consists of twenty action measures intended to promote clean fuel vehicles, alternatives
to driving, transportation efficient land use planning, and energy efficient building
construction. Measure 14 - Energy EffiCient Landscaping promotes the 'strategic
planting," of shade trees for new single-family residences as part of a citywide tree
planting effort.
Volunteer based tree planting projects, in older neighborhoods, are a cost effective way
to provide public education and community support to achieve the following benefits:
. Improves watershed management,
. Improves property values,
. Improves air quality from reduced smog formation,
. Improves aesthetics of City streets,
.. Enhances recreational areas,
. Increases energy conservation,
. Provides traffic calming benefits for streets,
. Provides new wildlife habitat,
. Reduces ambient temperatures
. Reduces energy use, .
. Reduces CO2 concentrations through photosynthesis, and
. Reduces noise.
The goal of the "Chula Vista Urban Heat Island Mitigation Project" will be to present a
project where the Conservation and Environmental Services Department, Public Works
Department, PFT, residents, and volunteers will work together to plant trees in the right
places and provide long-term maintenance that will ensure long-term benefits.
The Environmental Resource Manager, with assistance from PFT and the City Arborist,
will integrate volunteer tree-planting efforts with the Public Works Operations
Department's "Urban Reforestation Program" to plant trees in City public right-of-way, to
educate the public, facilitate community involvement, and inspire support for tree
maintenance in urban residential areas. The City Arborist, in the Public Works
Operations Department, will assist residents and schools with tree selection and
excavation of tree planting locations, in accordance with the City's tree planting
guidelines.
~
1-5
Page 4 of 6
Meeting: June 15 2004
City Grant Commitments
The grant application requires the City to provide $12,500 or 25% of the total $50,000
grant request in matching funds or in in-kind services. Staff propo!les to facilitate public
participation in the tree planting by providing $12,500 in matching funds, from
unexpended Conservation and Environmental Services funds, to assist residents and
schools with site preparation and excavation for trees.
The grant also requires the City to commit to providing long-term care of the trees for at
least three years after planting. In the grant application, the City's Public Works
Operations Director, Dave Byers, certified that the City will take responsibility for long-
term maintenance of the trees.
City Partnership With PFT
In 2003, PFT and the City formed an informal partnership to assist residents in planting
free trees on their property through a Public Goods Fund program, previously funded by
the California Public Utilities Commission and managed by the San Diego Regional
Energy Office in Chula Vista. One hundred fifty City residents planted approximately
650 trees on private property in Chula Vista. The majority of the trees were planted in
the Castle Park and western area of Chula Vista.
The grant proposal proposes to plant up to 460 additional trees on public right-of-way to
help mitigate the impact of urban heat island effect on the community. PFT will support
the project by assisting with advertising, recruiting participants, coordinating tree
planting events, providing all required supplies including trees, and filing all required
grant reports to the CDF. PFTs support will be funded by grant funds and the City's
matching funds.
SummarY Of Protect Work Plan. Tlmeline And Budaet
Workeran Summary
The Environmental Resource Manager will notify the City Council once the grant has
been awarded and will direct implementation of the project, with support from the Public
Works Operations Department and PFT staff. The target area for this program will be
west of 1-805, from C Street to the north and Main Street to the South. These
boundaries include some of Chula Vista's oldest neighborhoods, which have a limited
number of parkways and street trees. The City Arborist, in the Public Works
Department, and PFT will work together to identify sites that will accommodate large
canopy trees to provide maximum environmental benefits. The sites will include
schools, parks, and street parkways in residential areas and spaces around public
buildings.
The Environmental Resource Manager will promote the community tree plantings
project by sending correspondence to community planning groups, placing notices in
~
'7"~
Page50f6
Meeting: June 15. 2004
community newspapers, and holding public meetings announcing the tree planting
opportunity.
Tree Selection
The City Arborist will oversee tree selection and siting. Chula Vista's list of approved
trees is the guide for appropriate tree selection in both the public building areas and in
the street right-of-ways - see Table 1 below. A City and PFT Arborist will ensure the
trees will not interfere with utilities.
Table 1: List 0 Approved Trees
Species
Height
Anonis flexuosa PeoDArmlnt Willow
Alblzla 'ullbrlssln Mimosa/Silk Floss)
Bauhinla OUrDurea (PurDie Orchid
Cassia laotoohvlla (Gold Medallion)
ChitalDa taskentensls IChitalDa
Clnnamomum camDhora (CamDhor)
Eriobotrva deflexa (BrDnze Loauat)
Eucalvntus nQ VRnthemos (Silver Dollar Gum
Hvmenosoorum flavum Sweetshade
Jacaranda mlmoslfolla Jacaranda
Koelreuterla biDinnata (Chinese Flame
Llauidamber stvraciflua (American Sweet Gum
Mannolia nrandiflora (Southern Magnolia)
Metrosideros excelsus (New Zealand Christmas tree)
Pistacia chlnensis Chinese Pistache)
Pinus canarlansis ICanalV Island Pine)
Pinus elderlca tAfohan Pine)
Platanus x aœrlfolia London Plane "Bloodoood")
Podocarous oraclUor IFem Pine
Pvrus callervana Bradford Pear)
Saolum sebiferum Chinese Tallow
Tnstania conferta Brisbane Box
Ulmus DalVlfolia (Chinesa Elm
35
25
50
30
30
65
25
75
35
40
35
60
65
35
50-65
80
80
65
65
30
35
50
50
Maintenance Plan
Evergreen
Deciduous
E
D
D
D
D
E
E
E
E
D
D
D
D
E
D
E
E
D
E
D
D
E
D
VOC- Low.
Moderate,
HiQh
H
M
M
Not Known
Not Known
L
L
H
L
L
H
H
M
H
M
M
Not Known
H
L
L
Not Known
H
L
Property owners who receive a tree in front of their property will be reQuired to complete
and sign a maintenance form agreeing to provide water and care for the tree for up to
three years. The Public Works Operations Department will commit to provide long-term
care for the trees three years after planting.
Tf
'-rJ
Page6of6
Meeting: June 15. 2004
Itemized Proiect Budaet
This itemized project budget includes an estimate of costs required to carry out the
proposed project based on quotes received from nurseries and product suppliers.
Estimates are as specific as possible and include eligible expenses, as set forth in the
grant application guidelines.
Description of Expense:
State
Local
Tree stock:
. Trees, 15-gallon (incJ. Tax)
460 @ $55
Planting materials;
. Stakes, Ties. Mulch & Materials
460 @ $20
25,300.00
9,200.00
Labor;
PFT Staff Expense
460 hours @ $30 Per Hour
. City of Chula Vista Public Works
Staff Expenses- 460 Excavations
PFT Volunteer Hours
720 @ $17.19 Per Hour
13,800.00
12,500.00
12,376.80
(In-Kind not included in
statellocal funds)
Educational materials:
Educational Materials/Printing
Prop 12 Signage
1,000.00
700.00
Total Grant Request:
$50,000.00
(State funds)
$12,500.00
(Local funds)
$12,376.80
(Volunteer
Services)
The total value of the project is $74,876.80, This includes $50,000 from the state grant,
$12,500 in local matching funds and $12,376.30 in in-kind volunteer services from PFT.
As stated above, approval of this resolution will allow staff to implement the project, if
the grant is awarded.
FISCAL IMPACT:
Approval of this resolution will not result in a fiscal impact to the general fund. If the
grant is approved, CES will retum to Council for approval to accept the grant and
request appropriations of funds. The required expenditures will result in $62,500 of
expenditures in FY 2005/2006. These expenditures will be offset by $50,000 in state
grant revenues and $12,500 of unexpended Conservation and Environmental Set'ices
funds encumbered in FY 2003/2004.
~
r-¡-t¿
RESOLUTION NO. 2004--
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RATIFYING AND APPROVING A $50,000
"PROPOSmON 12" GRANT APPLICATION SUBMITTED TO
THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE
PROTECTION TO FUND THE PLANTING OF 460 1REES IN
THE CITY
WHEREAS, the Governor of the State of California in cooperation with the Califomia
. State Legislature has enacted Proposition 12, which provides funds to the State of Califomia and
its political subdivisions for urban forestry programs; and
WHEREAS, the State Department of Forestry and Fire Protection has been delegated the
responsibility for the administration of the program within the State, setting up necessary
procedures governing application by local agencies and non-profit organizations under the
program, and
WHEREAS, said procedures established by the State Department of Forestry and Fire
Protection require the City to certifY by resolution the approval of application before submission
of said application to the State; and
WHEREAS, the City submitted a grant application on April 30, 2004 and will enter into
an agreement with the State of California to carry out a tree planting project; and
WHEREAS, the planting of 460 trees will mitigate the impact of urban heat island effect
caused by dark surfaces such as streets and rooftops that absorb more heat ITom the sun.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby:
1.
Approve the filing of an application for "PROPOSITION 12" tree planting grant program
funds; and
2.
Certifies that said applicant has or will have sufficient funds to operate and maintain the
project; and,
3.
Certifies that funds under the jurisdiction of City of Chula Vista are available to begin the
project. .
4.
Certifies that said applicant will expend grant funds prior to March 1, 2007.
5.
Appoints the City Manager as agent of the City of Chula Vista to conduct all
negotiations, execute and submit alI documents including, but not limited to applications,
~
'7~'1
agreements, amendments, payment requests and so on, which may be necessary for the
completion of the aforementioned project.
Presented by
Approved as to fonn by
D~l.\-+~
Michael Meacham
Director, Conservation &
Environmental Services
Ann Moore
City Attorney
.-.,
~
1-/0
RESOLUTION NO. 2005--
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING A GRANT FOR $50,000 FROM
THE CALIFORNIA DEPARTMENT OF FORESTRY & FIRE
PROTECTION, TO SUPPLEMENT THE CITY'S
REFORESTATION PROGRAM AND APPROPRIATING SAID
FUNDS TO THE ENVIRONMENTAL RESOURCE
MANAGEMENT UNIT OF THE CONSERVATION AND
ENVIRONMENTAL SERVICES DEPARTMENT
WHEREAS, the Governor of the State of California, in cooperation with the California
State Legislature, has enacted Proposition 12, which provides funds to the State of California and
its political subdivisions for urban forestry programs; and
WHEREAS, the California Department of Forestry and Fire Protection ("CDF") has been
delegated the responsibility for the administration of the program within the State; and
WHEREAS, on April 30, 2004, the City filed a grant application with the California
Department of Forestry and Fire Protection for $50,000 in Proposition 12 funds (the
"Application"); and
WHEREAS, People for Trees ("PFT"), a non-profit tree planting organization, assisted
the City in preparing the grant; and
WHEREAS, on July 22, 2004, CDF awarded the City $50,000 in Proposition 12 grant,
pursuant to the Application; and
WHEREAS, the $50,000 Proposition 12 grant will supplement the City's Urban
Reforestation Program by providing funds to plant 460 shade trees citywide in public rights-of-
way by March 1,2007; and
WHEREAS, the grant allows the City to provide trees and planting services to
households and schools at no cost; and
WHEREAS, as a requirement of the award, the City will provide $12,500 in matching
funds and PFT will provide $12,376.80 to implement the project; and
WHEREAS, the $12,500 in matching funds from the City will be a combination of
existing budget allocations for materials and in-kind staff services, resulting in no net impact to
the general fund; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby accepts a Grant of $50,000 from the California Department of Forestry & Fire
'1-1/
Protection to supplement the City's reforestation Program, and appropriates said funds to the
Environmental Resource Management Unit of the Administration Department.
Presented by:
Approved as to form by:
h.~
Michael Meacham
Director, Conservation &
Environmental Services
J:Attomey\Reso\grantlreforestation program grant 2005
r¡-J'd-
STANDARD AGREEMENT
Attachment 2
sm 21J(NEWQ~9B'
AGREEMENT NUMBER
0
8CA04122
1.
This Agreement is entered into between the State Agency and the Contractor named below
STATE AGENCY'S NAME
DEPARTMENT OF FORESTRY AND FIRE PROTECTION
CONTRACTOR'S NAME
CITY OF CHULA VISTA
3,
The tenn of this
Agreement is:
The maximum amount
of this Agreement is: $50,000.00
The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made
a part of the Agreement:
December 1, 2004 through March 1, 2007
2.
4,
Exhibit A - Scope of Work
Exhibit B - Budget Detail and Payment Provision
Page plus Attachments !, II, III
Page
. Exhibit C - General Terms and Conditions
Exhibit D - Special Terms and Conditions
Exhibit E - Additional Provisions
GTC 103
(Number)
1 Page
Page
1-1-03
(Dated)
. View at www.dgs.ca.gov/contracts
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CALIFORNIA
CONTRACTOR Department of General
Services
U..Onl
CONTRACTOR'S NAME (Ifother than aa indiviiiual, slate whether a corpara/ion, partnership, etc.)
CITY OF CHffi,A VISTA
BY (Authorized Signature) I DATE SIGNED)
PRINTED NAME AND TITLE OF PERSON SIGNING
David D. Rowlands, Jr., City Manager Deputy Director For
Resource Management
ADDRESS
276 Fourth Avenue, Chnla Vista, CA. 91910
Date
STATE OF CALIFORNIA
AGENCY NAME I hereby certify tbat all conditions for
DEPARTMENT OF FORESTRY AND FIRE PROTECTION exemption have been complied with and
this contract is exempt from the Dept. of
General Services approvai,
BY (Authorized Signature) I DATE SIGNED
-
PRINTED NAME AND TITLE OF PERSON SIGNING
William E. Snyder, Deputy Director for Resource Management
ADDRESS
P.O. Box 944246, Sacramento, CA 94244-2460 . íJ -/3
y Exempt per Special Exemption
EXHIBIT A
(Standard Agreement)
CITY OF CHULA VISTA
8CAO4122
Page 2 of?
SCOPE OF WORK
1. Contractor agrees to provide to Department of Forestry and Fire Protection, Urban and Community Forestry
Program, Proposition 12 tree planting and follow-up care services as described in the following attachments:
Attachment "1" - Application for "Proposition 12 - FY 2004/2005"
Attachment "2" - Guidelines for "Proposition 12 - FY 2004/2005"
Attachment "3" - Work plan and Proposal '
2. The services shall be performed throughout the wrincorporated area of the City of Chula Vista.
3. The services shall be provided during: This project, with a total budget of$62,500.00 of which $50,000.00 is
granted by Proposition 12 funds, is to be carried out by the CITY OF CHULA VISTA. It involves the planting of
460 trees in various locations throughout the City ofChula Vista.
It is anticipated that this project will commence in December 2004 and be completed by March 2007, excepting
maintenance.
4. The project representatives during the term of this agreement will be:
Direct all field inquiries to:
State Agency: CDF . Contractor: CITY OF CHULA VISTA
SectionfUnit: South Operations Center SectionfUnit: CitvManager's Office
Attention: Eric Oldar Attention: David D. Rowlands, Citv Manager
Address: 2524 Mulberrv Street, Riverside, CA 93501 Address: 276 Fourth Avenue, Chula Vista, CA. 91910
Phone: (909) 320-6125 Phone: (619) 691-5031 .-
Fax: Email: dtoledo@ci.chula-vista.ca.us
Administration contacts:
State Agencv: Deal. öfForestrv & Fire Protection Contractor: CITY OF CHULA VISTA
Name: Mr. Herb Bunt Name: Willie M. Gaters, Environmental Resource Mgr.
Phone: (916) 651-6423 Phone: (619) 691-5031
Fax: (916) 653-8957 Fax: (619) 409-5884
,;¡
1-/+
CITY OF CHULA VISTA
8CAO4122
Page 3 of 6
EXHIBIT B
(Standard Agreement)
BUDGET DETAIL AND PAYMENT PROVISIONS
1. InvoicinQ and Pavment
A. For services satisfactorily rendered, and upon receipt and approval of the invoices, the State
agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates
specified herein, which is attached hereto and made a. part of this Agreement.
1. Alterations to budgeted line items, reflecting minor location changes and tree species, may be
allowed by mutual understanding between the Contractor and the CDF Urban Forester. Alterations
aoreed upon must be documented in wr~ino sioned bv both parties and dated.
B. Invoices shall include the Agreement Number and shall be submitted in trjplicate not more
frequently than monthly in arrears to:
California Department of Forestry and Fire Protection
South Operations Center
Eric Oldar
2524 Mulberry Street, Riverside. CA 92501
. (909) 320-6125
2. Budoet ContinQencv Clause
A. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered
under this Agreement does not appropriate sufficient funds for the program; this Agreement shaii
be of no further force and effect. In this event, the State shall have no liability to pay any funds'
whatsoever to Contractor or to furnish any other considerations under this Agreément and
Contractor shall not be obligated to perform any provisions of this Agreement.
B. If funding for any fiscal year is reducedor deleted by the Budget Act for purposes of this program,
the State shall have the optiOrl to either cancel this Agreement with no liability occurring to the
State, or offer an agreement amendment to Contractor to reflect the reduced amount.
3. Prompt Pavment Clause
P~yment will be made in accordance with, anq within the time specified in, Government Code Chapter
4.5, commencing with Section 927.
.4. Withhold Clause
.,
An amount equal to 10 percent of each invoice shall be withheld pending satisfactory final completion of
the project. The amount withheld shall be requested in the final invoice and will be paid after receipt of
the completion report.
f"l- S
CITY OF CHULA VISTA
8CAO4122
Page 4 of.6
EXHIBIT C
(Standard Agreement)
GENERAL TERMS AND CONDITIONS
PLEASE NOTE: This page will not be Included with the final agreement. The General Terms and.
Conditions will be included in the agreement by reference to Internet site: www.das.ca.aov/contracts
",
1-/(P
GTC 304
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and
approved by the Department of General Services, if required. Contractor may not commence
performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the t=s oftms Agreement shall be valid
unless made in writing, signed by the parties and approved as required. No oral understanding or
Agreement not incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in
part, without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General Services,
the Bureau of State Audits, or their designated representative shall have the right to review and
to copy any records and supporting documentation pertaining to the performance of this
Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three
(3) years after final payment, unless a longer period of records retention is stipulated. Contractor
agrees to allow the auditor(s) access to such records during normal business hours and to allow
interviews of any employees who might reasonably have information related to such records.
Further, Contractor agrees to include a similar right of the State to audit records and interview
staff in any subcontract related to performance of this Agreement. (GC 8546.7, PCC 10115 et
seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its
officers, agents and employees from any and all claims and losses accruing or resulting to any
and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation
furnishing or supplying work services, materials, or supplies in connection with the performance
of this Agreement, and from any and all claims and losses accruing or resulting to any person,
firm or corporation who may be injured or damaged by Contractor in the performance of this
Agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during
.any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of
any payments should the Contractor fail to perform the requirements of this Agreement at the
time and in the manner herein provided. In the event of such termination the State may proceed
with the work in any manner deemed proper by the State. All costs to the State shall be deducted
from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to
the Contractor upon demand.
1- r¡
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor,
in the performance oftlùs Agreement, shall act in an independent capacity and not as officers or
employees or agents of the State.
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of
perjury, the minimum, if not exact, percentage of recycled content, both post consumer waste
and secondary waste as defined in the Public Contract Code, Sections 12161 and 12200, in
materials, goods, or supplies offered or products used in the performance oftlùs Agreement,
regardless of whether the product meets the required recycled product percentage as defined in
the Public Contract Code, Sections 12161 and 12200. Contractor may certify that the product
contains zero recycled content. (pCC 10233, 10308.5, 10354)
10. NON-DISCRIMINATION CLAUSE: During the performance oftlùs Agreement, Contractor
and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any
employee or applicant for employment because of sex, race, color, ancestry, religious creed,
national origin, physical disability (including HIV and AIDS), mental disability, medical
condition (cancer), age (over 40), marital status, and denial of family care leave. Contractor and
subcontractors shall insure that the evaluation and treatment of their employees and applicants
for employment are free from such discrimination and harassment. Contractor and subcontractors
shall comply with the provisions of the Fair Employment and Housing Act (Govemment Code
Section 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California
Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair
Employment and Housing Commission implementing Government Code Section 12990 (a-f), set
forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated
into tlùs Agreement by reference and made a part hereof as if set forth in full. Contractor and its
subcontractors shall give written notice of their obligations under this clause to labor
organizations with which they have a collective bargaining or other Agreement.
Contractor shall include the nondiscrimination and compliance provisions oftlùs clause in all
subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES
contained in the document CCC 304 are hereby incorporated by reference and made a part of tlùs
Agreement by tlùs reference as if attached hereto.
12. TIMELINESS: Time is of the essence in this Agreement.
13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in
compensation for all of Contractor's expenses incurred in the performance hereof, including
travel, per diem, and taxes, unless otherwise expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance
with the laws of the State of California.
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15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if
these services or goods are obtained by means of a competitive bid, the Contractor shall comply
with the requirements of the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
1). "Public purchase" means a purchase by means of competitive bids of goods, services, or
materials by the State or any of its political subdivisions or public agencies on whose behalf the
Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the
Business and Professions Code.
2). "Public purchasing body" means the State or the subdivision or agency making a public
purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is
accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of
action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the
Cartwright Act (Chapter 2 (commencing with Section 16700) ofPart 2 of Division 7 of the
Business and Professions Code), arising from purchases of goods, materials, or services by the
bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and
become effective at the time the purchasing body tenders finaI payment to the bidder.
Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or
settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor
shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand,
recover from the public body any portion of the recovery, including treble damages, attributable
to overcharges that were paid by the assignor but were not paid by the public body as part of the
bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code
Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such
demand, reassign the cause of action assigned under this part if the assignor has been or may
have been injured by the violation of law for which the cause of action arose and (a) the assignee
has not been injured thereby, or (b) the assignee declines to file a court action for the cause of
action. See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT: "For any Agreement in excess of$100,000, the
contractor acknowledges in accordance with Public Contract Code 7110, that:
a). The contractor recognizes the importance of child and family support obligations and shall
fully comply with all applicable state and federal laws relating to child and family support
enforcement, including, but not limited to, disclosure of information and compliance with
earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5
of Division 9 of the Family Code; and
b) The contractor, to the best of its knowledge is fully complying with the earnings assignment
orders of all employees and is providing the names of all new employees to the New Hire
Registry maintained by the California Employment Development Department."
'l- q
17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is
unenforceable or held to be unenforceable, then the parties agree that all other provisions of this
Agreement have force and effect and shall not be affected thereby.
18. UNION ACTIVITIES For all contracts, except fixed price contracts of $50,000 orless, the
Contractor acknowledges that:
By signing this agreement Contractor hereby acknowledges the applicability of Government
Code Section 16645 through Section 16649 to this agreement and agrees to the following:
a) Contractor will not assist, promote or deter union organizing by employees performing work
on a state service contract, including a public works contract.
b) No state funds received under this agreement will be used to assist, promote or deter union
organizing.
c) Contractor will not, for any business conducted under this agreement, use any state property to
hold meetings with employees or supervisors, if the purpose of such meetings is to assist,
promote or deter union organizing, unless the state property is equally available to the general
public for holding meetings.
d) If Contractor incurs costs, or makes expenditures to assist, promote or deter union organizing,
Contractor will maintain records sufficient to show that no reimbursement from state funds has
been sought for these costs, and that Contractor shall provide those records to the Attorney
General upon request.
S:\ADMIN\homepage gtc 304 kay.doc
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CITY OF CHULA VISTA
8CA04122
Page 5 of 6
EXHIBIT D
(Standard Agreement)
SPECIAL TERMS AND CONDITIONS
1. Excise Tax
The State of Califomia is exempt from federal excise taxes, and no payment wili be made for any taxes levied on
employees' wages. The State will pay for any applicable State of California or local sales or use taxes on the
.services rendered or equipment or parts supplied pursuant to this Agreement. California may pay any applicable
sales and use tax imposed by another state. .
2. Settlement of Disputes
In the event of a dispute, Contractor shall file a "Notice of Dispute" with the following:
Department of Forestry and Fire Protection (CDF)
Attention: Deputy Director, Management Services
.P.O. Box 944246
Sacramento, CA 94244-2460
Notice must be filed within ten (10) days 9f discovery of the problem. Within ten (10) days of receipt of notice, the
CDF Deputý Director or Designee shall advise contractor of the findings and recommend a method to resolve the
dispute. Contractor shall continue to perform agreement requirements during the dispute period. The decision of
the CDF Deputy Director, Management Services or Designee shall be final.
In the event of a dispute, the language contained within this Agreement shall prevail over any other language
including that of the bid proposç¡1.
3. Evaluation of Contractor - Consultant AQreements Only
Performance of the Contractor under this Agreement will be evaluated. The evaiuation shall be prepared on
Contract/Contractor Evaluation Sheet (STD 4), and maintained In the Agreement file. A copy of the evaluation wili
be sent to the Department of General Services, Office of Legal Services, if it is negative and over $5,000.
4. Potential Subcontractors
Nothing contained in this Agreement or Qtherwise, shall create any contractual relation between the State and any
subcontractors, and no subcontract shall relieve the Contractor of his responsibilities and obligations hereunder.
The Contractor agrees to be as fully responsible to the State for the acts and omissions of its subcontractors and
of persons either directly or indirectly employed by any of them as it Is for the acts and omissions of persons
directly employed by the Contractor. The Contractor's obligation to pay its subcontractors is an independent
obligation from the State's obligation to make payments to the Contractor. As a result, the State shall have no
obligation to payor to enforce the payment of any moneys to any subcontractor:
09. Termination
Either party may cancel this agreement at any time by giving 30 days' written notice to the other party. In the
event of termination, State shall pay contractor for all costs and uncanceiable obligations incurred to the date of
termination, up to but not to exceed the maximum amount payable.
'Î -;;;1
EXHIBIT E
(Standard Agreement)
CITY OF CHULA VISTA
8CAO4122
Page 6 of 6
ADDITIONAL PROVISIONS
1. Contractor agrees to make immediate monetary restitution of any advance funds for
any disallowances of costs or expenditures or unauthorized activities, which are
disclosed through audit or inspection by the State. If Contractor does not
satisfactorily complete the project and/or project is not certified as satisfactorily
completed by a certified arborist, registered professional forester, or city agency
representative, all sums previously advanced by the State shall immediately become
due and payable to the State. '
2. Work started or materials purchased prior to the execution of this agreement will not be
eligible for funding under the terms of this agreement.
3. Contractor shall permit periodic site visits by a representative of the State to ensure program
compliance.
4. Failure to comply with these requirements may result in suspension of payments under the
agreement or termination of the agreement or both and the Contractor or Grantee may be
ineligible for award of any future State contracts if the department determines that any of the
following has occurred: (1) the Contractor or Grantee has made false certification, or (2)
violates the certification by failing to carry out the requirements as noted in this agreement.
.,
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City of Chula Vista
8CA04122
RECYCLE CERTIFICATION
This certification applies to all state contracts and, to the extent feasible, all federally
funded contracts.
Contractor certifies under penalty of perjury that percent of the minimum, if
not exact, percentage of recycled content, both post consumer waste and secondary
waste as defined in the Public Contract Code, Sections 12616 and 12200, in materials,
goods, or supplies offered or products used in performance of this Agreement,
regardless of whether the product meets the required recycled product percentage as
defined in the Public Contract Code, Sections 12161 and 12200. Contractor may certify
that the product contains zero recycled content. (PCC 10233, 10308.5, 10354.)
Signature:
Print Name and Title:
Date:
Rev. 09/03
r¡,.~3
Ziti!- e/l!/-2./
CCC-304
CERTlF1CA TlON
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly
authorized to legally bind the prospective Contractor to the clause(s) listed below. This
certification is made under the laws of the State of California.
Contractor/Bidder Firm Name (Printed)
i Federal ID Number
i
",'.'- ........,....-..........-..,-..
By (Authorized Signature)
',-------
, Printed Name and Title 01 Person Signing
-.-
e:t~ ~~~~~:~d '~
]I Executed in rhe Cou~ty '~I .
CONTRACTOR CERTIFICATION CLAUSES
1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with
the nondiscrimination program requirements. (GC 12990 (a-I) and CCR, Title 2, Section
8103) (Not applicable to public entities.)
2. DRUG-FREE WORKPLACE REOUIREMENTS: Contractor will comply with the
requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-tree
workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution,
dispensation, possession or use of a controlled substance is prohibited and specifying
actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace;
3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-tree workplace policy statement; and,
2) agree to abide by the terms of the company's statement as a condition of employment
on the Agreement.
Failure to comply with these requirements may result in suspension of payments under
the Agreement or termination of the Agreement or both and Contractor may be ineligible
for award of any future State agreements if the department detennines that any of the
rJ -,.~Lj
followillg has occurred: the Contractor has made false certification, or violated the
certification by failing to carry out the requirements as noted above. (GC 8350 et seq.)
3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies
that no more than one (1) final unappealable finding of contempt of court by a Federal
court has been issued against Contractor within the immediately preceding two-year
period because of Contractor's failure to comply with an order of a Federal court', which
orders Contractorto comply with an order of the Natiónal Labor Relations Board. (PCC
10296) (Not applicable to public entities.)
4. UNION ORGANIZING: Contractor hereby certifies that no reqnest for
reimbursement, or payment under this agreement, will seek reimbursement for costs
I illcurred to assist, promote or deter union organizillg. IGC 16645-16649)
5. CONTRACTS FOR LEGAL SERVICES $50 000 OR MORE- PRO BONO
REOUIREMENT: Contractor hereby certifies that contractor will comply with the
requirements of Section 6072 of the Business and Professions Code, effective January 1,
2003.
Contractor agrees to make a good faith effort to provide a minimum number of hours of
pro bono legal services durillg each year of the contract equal to the lessor of30
multiplied by the number of full time attorneys ill the finn's offices ill the State, with the
number of hours prorated on an actual day basis for any contract period ofless than a full
year or 10% of its contract with the State.
Failure to make a good faith effort may be cause for non-renewal of a state contract for
legal services, and may be taken into account when determllring the award of future
contracts with the State for legal services.
6. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an
expatriate corporation or subsidiary of an expatriate corporation within the meaning of
Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the
State of California.
7. SWEATFREE CODE OF CONDUCT:
a. For all contracts, Contractor hereby certifies that it will comply with the Sweatfiee
Code of Conduct as set forth on the California Department ofIndustrial Relations website
¡located at www.dir.ca.gov, and with all other requirements of Public Contract Code
SectiQJl6l08.
b. Contractor hereby certifies that no apparel, gannents or corresponding accessories or
equipment, material and supplies to be laundered, furnished or produced in whole or ill
part pursuant to this contract, are the result of sweatshop labor, forced labor or convict
labor per Public Contract Code Section 6108.
8. DOMESTIC PARTNERS: Commencillg on July 1, 2004 Contractor certifies that it is
I in compliance with Public Contract Code ;¡'ectionl0295.1 v.:ithregardtobenefitsfor ,
domestic pa11ners. For any contracts executed or amended, bid packages advertised or
1,- )-s
~~~~-~--,----,!
made available, or sealed bids received on or after July 1 2004 and prior to January 1,
2007, a contractor may reqwe an employee to pay the costs of providing additional
benefits that are offered to comply withPCC 10295.1.
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of
California.
1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions
regarding current or fonner state employees. If Contractor has any questions on the
status of any person rendering services or involved with the Agreement, the awarding
agency must be contacted immediately for clarification.
Current State Employees (pCC 10410):
1). No officer or employee shall engage in any employment, activity or enterprise ftom
which the officer or employee receives compensation or has a financial interest and
which is sponsored or funded by any state agency, unless the employment, activity or
enterprise is required as a condition of regular state employment.
2). No officer or employee shall contract on his or her own behalf as an independent
contractor with any state agency to provide goods or services.
Fonner State Employees (pCC 10411):
1). For the two-year period from the date he or she left state employment, no fonner state
officer or employee may enter into a contract in which he or she engaged in any of the
negotiations, transactions, planning, arrangements or any part of the decision-making
process relevant to the contract while employed in any capacity by any state agency.
2). For the twelve-month period ftom the date he or she left state employment, no former
state officer or employee may enter into a contract with any state agency ifhe or she was
employed by that state agency in a policy-making position in the same general subject
area as the proposed contract within the l2-month period prior to his or her leaving state
service.
If Contractor violates any provisions of above paragraphs, such action by Contractor shall
render this Agreement void. (PCC 10420)
Members of boards and conunissions are exempt from this section if they do not receive
payment other than payment of each meeting of the board or conunission, payment for
preparatory time and payment for per diem. (PCC 10430 (e))
2. LABOR CODEIWORKERS' COMPENSATION: Contractor needs to be aware ofthe
provisions which require every employer to be insured against liability for Worker's
Compensation or to undertake self-insurance in .accordance with the provisions, and
Contractor affirms to comply with such provisions before commencing the perfonnance
of the work of this Agreement. (Labor Code Section 3700)
r'}..;;-~
3. AMERlCANS WITH DISABILITIES ACT: Contractor assures the State that it
complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits
discrirnillation on the basis of disability, as well as all applicable regulations and
guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
4. CONTRACTOR NAME CHANGE: An amendment is required to change the
Contractor's name as listed on this Agreement. Upon receipt of legal docwnentation of
the name change the State will process the amendment. Payment of invoices presented.
with a new name cannot be paid prior to approval of said amendment.
5. CORPORATE OUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting
agencies will be verifying that the contractor is currently qualified to do business in
California in order to ensure that all obligations due to the state are fulfilled.
b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any
transaction for the purpose of financial or pecuniary gain or profit. Although there are
some statutory exceptions to taxation, rarely will a corporate contractor perfomring
within the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must
be in good standing in order to be qualified to do business in California. Agencies will
detemrine whether a corporation is in good standing by calling the Office of the Secretary
of State.
6. RESOLUTION: A county, city, district, or other local public body must provide the
State with a copy of a resolution, order, motion, or ordinance of the local governing body
which by law has authority to enter into an agreement, authorizing execution of the
agreement.
7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor
shall not be: (1) in violation of any order or resolution not subject to review promulgated
by the State Air Resow.ces Board or an air pollution control district; (2) subject to cease
and desist order not subject to review issued pursuant to Section 13301 of the Water
Code for violation of waste discharge requirements or discharge prohibitions; or (3)
finally detemrined to be in violation of provisions offederallaw relating to air or water
pollution.
8. PAYEE DATA RECORD FORM SID. 204: This form must be completed by all
contractors that are not another state agency or other government entity.
I,
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Deleted: !
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S,\ADM INIHOMEP AGE\CC~CCC-
304.doo
COUNCIL AGENDA STATEMENT
Item 5
Meeting Date: 3/22/05
ITEM TITLE:
Resolution Accepting bids, rejecting bids due to disparities in
the bid proposal and awarding contract for "Sidewalk Improvements at
333-35 & 337-39 Palomar Street in the City of Chula Vista, California
(STL-296)" project.
SUBMITTED BY: Director of General Services~..>y-
REVIEWED BY: City Manager ~~ pY
(4/5ths Vote: Yes_NoX)
On February 4, 2005, the Director of General Services received sealed bids for the "Sidewalk
Improvements at 333-35 & 337-39 Palomar Street in the City of Chula Vista, California (STL-
296)" project. The work to be done includes excavation and grading, P.C.C. sidewalks, P.C.C.
driveways, asphalt concrete pavement, removal and disposal of existing improvements, traffic
control, other miscellaneous work, and all labor, material, equipment and transportation
necessary for the project.
RECOMMENDATION:
I. That Council reject the bid submitted by the apparent low bidder, MJC Construction, for the
"Sidewalk Improvements at 333-35 & 337-39 Palomar Street in the City of Chula Vista,
California (STL-296)" project.
2. That Council accept bids and award the contract for the "Sidewalk Improvements at 333-35
& 337-39 Palomar Street in the City of Chula Vista, California (STL-296)" project to the
second lowest bidder, Portillo Concrete, Inc. of Lemon Grove, California, for $24,850.00.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
This project provides for the installation of sidewalk and driveways along the south side of
Palomar Street at 333-35 & 337-39 Palomar Street. The work to be done includes excavation and
grading, P.C.C. sidewalks, P.C.C. driveways, asphalt concrete pavement, removal and disposal of
existing improvements, traffic control, other miscellaneous work, and all labor, material,
equipment and transportation necessary to construct the project in accordance with City
standards.
<;1-1
Page 2, Item g
Meeting Date: 3/22/05
Engineering staff prepared plan, specifications, and requested bid proposals from three
contractors. Staff received and opened bids on February 4,2005.
Bid proposals were receive as ollows:
Contractor Original Base Bid Total Amount
MJC Construction $24,250.00
Bonita, CA
Portillo Concrete, Inc. $24,850.00
Lemon Grove, CA
Heffler Company Inc. $25,000.00
National City, CA
d
tì
Statl thoroughly reviewed all informal bids and it was detennined that MJC Construction,
although appeared to be the low bid, was not a responsive bidder. They provided incorrect bid
prices, therefore, Staff is recommending, in accordance with the Proposal Requirements and
Conditions of the contract, rejecting the bid presented by MJC Construction as "incomplete".
Based on the disqualification of the original first low bidder for the project, the second lowest bid
for the project, submitted by Portillo Concrete, Inc. was reviewed by City staff for potential
award of the contract. It is staffs opinion that the bid submitted by Portillo Concrete, Inc. is
responsive. City staff has verified the references provided by the contractor and their work has
been satisfactory. Staff, therefore recommends awarding the contract to Portillo Concrete, Inc. of
Lemon Grove, California, in the amount of $24,850.00.
Disclosure Statement
Attachment "A" is a copy of the contractor's Disclosure Statement.
Environmental Status
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act (CEQA) and has determined that the project qualifies
for a Class 1 categorical exemption pursuant to Section 15301 (Existing Facilities) ofthe State
CEQA Guidelines. Thus, no further environmental review is necessary.
Wage Statement
Contractors bidding this project were not required to pay prevailing wages to persons employed
by them for the work under this project.
f'r
Page 3, Item g
Meeting Date: 3/22/05
FISCAL IMPACT:
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount (Portillo Concrete, Inc.) $24,850.00
B. Contingencies (including Sweetwater Authority), 30% $7,455.00
C. Design, approximately 40% $10,027.50
D. Construction Inspection, 25% $6,212.50
E. Survev, 30% $7,455.00
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $56,000.00
FUNDS AVAILABLE FOR CONSTRUCTION
A. TransNet Funds (STL-296) $56,000.00
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $56,000.00
Upon completion of the project, the improvements will reqUIre only routine City street
maintenance.
Attachments:
A - Contractor's Disclosure Statement
M:IGeneral ServiceslGS AdministrationlCouncil AgendalSTL296-Palomar St Sidewalk impsIST!296A113-CM.doc
%,3
ATTACHMENT A
-
CITY OF CHULA VISTA DISCLOSURE STATEMENT
Pursuant to CouncIl Policy 10 1-0], prior to any action upon matters that will require discretionary actIOn
by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of
certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista
election must be filed. The following infonnation must be disclosed:
1.
List the names of all persons having a financial interest in the property that is the subject of
the application or the contract, e.g., owner, applicant, contractor, subcontractor, material
supplier.
~\o ~O~l\D
!ìC\ö... ?O~tì V\ 0
2.
If any person' identified pursuant to (I) above is a corporation or partnership, list the names of all
individuals with a $2000 investment in the business (corporation/partnership) entity.
~o ç::>on:i\~L 0
\Ît'ìè.- Ç>O\~ ~t D
3.
If any person' identified pursuant to (1) above is a non-profit organization or trust, list the
names of any person serving as director of the non-profit organization or as trustee or
beneficiary or trustor of the trust.
tJ/~
4.
Please identify every person, including any agents, employees, consultants, or independent
contractors you have assigned to represent you before the City in this matter.
N/As:
,
6
J;IEngineerIDESIGNISTL296\lnformal Contracl Sidewalk (333 & 337 PALOMAR).doc
g/¥
5.
Has any person' associated wIth this contract had any financial dealings wIth an official" of the
CIty ofChula Vista as it relates to this contract within the past 12 months? Yes- No-
N/Æ
If Yes, brIefly describe the nature of the financial Interest the official" may have in this contract.
6.
Have you made a contribution of more than $250 within the past twelve (12) months to a current
member of the Chula VIsta City Council? No - Yes - If yes, which Councll member?
f.J/A
7.
Have you provided more than $340 (or an item of equivalent value) to an official" of the City
of Chula VIsta in the past twelve (12) months? (This includes being a source of income, money to
retIre a legal debt, gIft, loan, etc.) Yes ~ No-
If Yes, which official" and what was the nature of Item provIded"
tJ/A
Date:
7( Llf Q'ç
.~ {{;pJ ~
Signature of Contractor/Applicant
Ma-rìn POí~ l\ 0
Print or type name of Contractor/Applicant
Person is defined as: any individual, finn, co-partnership, joint venture, association, social
club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county,
city, municipality, district, or other political subdivision, -or any other group or combination
acting as a unit.
"
Official includes, but is not limited to: Mayor, Council member, Planning Commissioner,
Member of a board, commission, or committee of the City, employee, or staff members.
7
J:IEngineerlDESIGNISTL2961lnformal Contract Sidewalk (333 & 337 PALOMAR).doc
?;5
RESOLUTION NO. 2005--
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS, REJECTING BIDS DUE
TO DISPARITIES IN THE BID PROPOSAL AND AWARDING
THE CONTRACT FOR "SIDEWALK IMPROVEMENTS AT
333-35 & 337-39 PALOMAR STREET IN THE CITY OF
CHULA VISTA CALIFORNIA (STL-296)" PROJECT
WHEREAS, on February 4, 2005, the Director of General Services/City Engineer
received sealed bids for the "Sidewalks Improvements at 333-35 & 337-39 Palomar Street (STL-
296)" Project:
Contractor Original Base Bid Total Amount* Actual Base Bid Amount**
MJC Construction $24,250 $22,325
Portillo Concrete, Inc. $24,850 $24,850
Heffler ComDanv Inc. $25,000 $25,000
. The "Original Base Bid Total Amount" reflects the total amount bid by the contractor as stated in the grand total
of the contractor's bid proposal.
.. The "Actual Base Bid Amount" reflects the total amount bid by the contractor subsequent to a review of then:
bid proposal by City Staff.
WHEREAS, the original low bid, submitted by MJC Construction is below the
Engineer's estimate of $30,710 by $6,460, however, subsequent to a review of said contractor's
bid proposal by City staff, a disparity between the total of the various bid items and the grand
total provided in their bid proposal was discovered; and
WHEREAS, based on the bid deviations, City staff recommends that the original low bid,
submitted by MJC Construction, be rejected by Council; and
WHEREAS, based on the disqualification of the original first low bidder for the Project,
the second lowest bid for the project, submitted by Portillo Concrete, Inc. was reviewed by City
staff for potential award of the contract; and
WHEREAS, the second lowest bid is below the engineer's estimate of $30,710 by
$5,860, or 19%; and
WHEREAS, City staff has verified the references provided by the contractor and their
work has been satisfactory; and
WHEREAS, the staff recommends awarding the contract to Portillo Concrete, Inc. of
Lemon Grove, California, in the amountof $24,850; and
WHEREAS, Contractors bidding this project were not required to pay prevailing wages
to persons employed by them for the work under this project; and
WHEREAS, while no special minority or women owned business requirements were
?,/p
necessary as part of the bid documents, however, disadvantaged businesses were encouraged to
bid through the sending ofthe Notice to Contractors to various trade publications; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act and has determined that the
proposed project is exempt fÌom CEQA pursuant to Section 15301(c)(1), replacement or
reconstruction of existing facilities, of the State CEQA Guidelines.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby reject MJC Construction's bid, but accepts the others, and awards a $24,850
contract for the "Sidewalk Improvements at 333-35 & 337-39 Palomar Street (STL-296)" Project
to Portillo Concrete, Inc.
Presented by
Approved as to form by
.Î)~{I~
Jack Griffin
Director of General Services
Ann Moore
City Attorney
J:\attomeylreso\bid sidewalk improvements Paloma; St
y/1
2
COUNCIL AGENDA STATEMENT
Item: ~
Meeting Date: 03/22/05
ITEM TITLE:
Resolution approving the first amendment to the agreement
with PCL Construction Services, Inc to incorporate the Guaranteed
Maximum Price (GMP) for the design and construction of Montevalle
Community Park (CIP PR250) located in the Rolling Hills Ranch
subdivision of Eastern Chula Vista, appropriating funds necessary to
complete the project, and authorizing the Mayor to execute said
amendment
Resolution establishing a separate capital improvement project
for the recreation facility component of Montevalle Community Park,
"Montevalle Recreation Facility", (CIP PR270), transferring existing
PFDIF funds in PR250 to PR270 and appropriating funds necessary to
complete the project
SUBMITTED BY: Director of General Services (:jl('"
REVIEWED BY: City Manager ~~ 'JJr!
(4/5ths Vote: Yes l No'-:¡
The City Council previously approved CIP project No. PR250 and the Master Plan for
Montevalle Park, which conceptually designed and provided for the construction of a completed
and fully functional park and recreation center. On December 16, 2003 Council approved a
Design Build Agreement with PCL Construction Services, Inc. for this facility. The Design Build
Agreement contained a not to exceed price of $6,976,950 for the Park and $5,347,250 for the
building, with the GMP to be set upon receipt of 90% construction drawings. The project is
nearing the end of the design phase and ready to start the construction phase in March. Tonight's
resolution will approve the first amendment that will set the Guaranteed Maximum Price (GMP)
at $13,998,532, which is comprised of$8,237,643 for the Park and $5,760,889 for the Building.
RECOMMENDATION:
That the City Council approve the first amendment of the Design Build Agreement incorporating
the GMP at $13,998,532 for the services required to design and construct Montevalle Park (CIP
PR250) located in the Rolling Hills Ranch subdivision of Eastern Chula Vista, appropriating
funds therefore and authorizing the Mayor to execute said amendment.
That the City Council approve establishing a separate capital improvement project for the
recreation facility component of Montevalle Community Park, "Montevalle Recreation Facility",
(CIP PR270), transferring existing PFDIF funds in PR250 to PR270 and appropriating funds
necessary to complete the project.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
BACKGROUND:
9-1
Page 2, Item: ~
Meeting Date: ~
On December 16, 2003, City Council approved an agreement with PCL Construction Services,
Inc. for the services required to design and construct a completed and fully functional park and
recreation center, Montevalle Park. As part of that agreement, a Guaranteed Maximum Price
(GMP) is to be established at 90% construction documents, which would include, but not be
limited to, the cost for all labor, equipment, and material to design and build a fully functional
park and recreation center in accordance with all applicable building codes. A not to exceed
amount of $6,976,950 million for the Park and $5,347,250 million for building was established,
based upon rough schematic drawings, in the Design Build agreement. As the design progressed
and some of the complexities of this project became known, the actual GMP as determined at the
90% construction drawing stage exceeded the not to exceed amount in the original agreement.
In addition, the Design Builder's fee and bond rate set forth in the original agreement warranted
further clarification to be addressed in the first amendment.
PROJECT SCOPE AND CONTRACTUAL REOUIREMENTS
The Design-Build Agreement with PCL Construction Services, Inc. provides the City with a
fully functional Monteval1e Community Park including the facilities and site-work required to
provide recreational and park service to residents of that community as well as other residents of
the City.
The First Amendment (Attachment A) to the Design Build Agreement between the City ofChula
Vista and PCL Construction Services, Inc. will include setting the GMP at $13,998,532, correct
an erroneous statement regarding field and court lighting and revise the statement for Substantial
and Final Completion dates. The GMP shall include all design and construction services to
complete a fully functional park and recreation center. The GMP is higher than the not to exceed
amount in the original agreement due to the process of refining the various proj ect elements and
increasing the scope of the project as is typical with a project with two very distinct elements (a
park and a recreation facility). Staff has also incorporated the need to provide City staff with
road access to on-site sewer. Staff has made every effort in value engineering the project and
concurs with the Design Builder's GMP amount. The GMP also encompasses the Design
Builders fee and Bond rate as intended in PCL's response to Montevalle Community Park RFP
summarized in the revised Exhibit 2 of the original agreement (Attachment B).
An erroneous statement was included whereby Section 1.3.1 of the original agreement stated the
GMP exclude field and court lighting. The costs provided by the Design Builder and as
understood by staff since the original agreement and tonight's establishment of the GMP
includes field and court lighting, thus the stated language in the original agreement shall be
amended as such. The lighting for this project was addressed in the EIR for Rolling Hills Ranch,
thus no further environmental review is necessary.
The Substantial and Final completion dates will be amended to include actual dates in lieu of
number of calendar dates from Notice to Proceed as in the Original Agreement. The revised
Substantial Completion date is April 14th, 2006 and the revised Final Completion date is May
12'h, 2006.
9-2
Page 3, Item: -Î-
Meeting Date: 03/22/05
CHANGE ORDERS
Under the design/build process, change orders are handled differently than under the
design/bid/build process. Change orders are only returned for Council approval if they exceed
the approved GMP, or are for additional work requested by City, which results in a significant
change to the original scope. Otherwise, change orders are reviewed/approved by staff and the
design builder. This practice is commonplace when using the design/build construction
technique.
CIP ESTABLISHMENT
Council previously approved CIP project No. PR250 and the Master Plan for Montevalle
Community Park, which conceptually designed and provided for the construction of a completed
and fully functional park and recreation center. Typically, a "Park" and "Recreation Facility"
would be handled as two separate projects. However, when this park and other newer parks with
recreation facilities projects were established, the Design Build method was utilized whereas the
design phase of the process encompassed both the park and recreation facility, thus budgeted as
one project. The park is funded by Park Acquisition Development (PAD) funds and the
Recreation Facility with Public Facilities Development Impact Fee (PFDIF) funds. At this time,
staff is recommending transferring existing PFDIF funds in the amount of $1,000,000 to the
establishment of a separate capital improvement project for the recreation facility component of
Montevalle Park, "Montevalle Recreation Facility", CIP No. PR270 and appropriating
$5,235,889 from the available PFDIF balance as necessary to complete the project. This will
enable a clear and more concise distinction of expenditures between the Park and the Recreation
Facility. Staff will work with Finance to reallocate design expenditures of the recreation facility
previously charged to the new CIP.
Existing CIP project PR250 will remain to fund the park portion of the project. An additional
appropriation of $7,655,750 of PAD Fees is necessary to fully fund the park component of the
project.
The total cost of the project and GMP exceed the amount set forth in the Design Build
Agreement as the amount not to exceed cost of the project. At the time of the Design Build
Agreement, staff recommended an amount not to exceed that was less than the total budgeted
cost of the project. This is commonly done as the costs of the project that are estimated at the
master plan level rarely remain consistent through the design process. By establishing a less than
budgeted amount not to exceed, staff is better able to focus the design builder on designing a
project that remains within our budgetary constraints. Also, in the case of this project, the design
build agreement was entered into in December of 2003 when the cost of construction materials
started to substantially increase. Staff felt it prudent at that time to establish a conservative cost
of the project and be able to respond to unexpected changes in material costs. The total project
cost for both the park and the recreation center remain consistent with the amount of PAD Fees
collected for the park and the amount of PFDIF revenues generated for the recreation center.
The final design of the project remains consistent with the adopted master plan.
The estimated cost of Furniture, Fixtures and Equipment (FFE) for this project is $250,000. To
maximize the City's expenditure capability for Montevalle and two other projects, Salt Creek
and Veterans Park, in a separate item to Council, staff will recommend that the FF&E budgets
for all three projects be combined into a separate project tentatively to be named "Recreation
9-3
Page 4, Item: ~
Meeting Date: 03/22/05
Facilities - Furniture, Fixtures and Equipment". The purpose for separating the FF&E budget
for these projects is the potential savings in "bulk" purchases of recreation equipment by the
Recreation Department for all three facilities as well as streamlining the process of furniture,
fixture and equipment acquisition under "one" project.
FISCAL IMPACT:
PROJECT COSTS
GMP $13,998,532
Park $8,237,643
Recreation Facility $5,760,889
City Staff Costs, Consultant, Oversight (inc1. Special Inspections),
Utilities and FFE $ 920,000
Park $295,000
Recreation Facility $375,000
FFE $250,000
City Contingency $ 450,000
Park $350,000
Recreation Facility $100,000
Master Plan - complete $ 150,000
Park $75,000
Recreation Facility $75,000
TOTAL PROJECT COSTS $15,518,532
APPROPRIATION OF FUNDS - PARK
Appropriation to Date $ 1,942,707
Less transfer to PR270 for Recreation Facility (PFDIF) Project ($1,000,000)
Balance to Date $ 942,707
Request for Additional Appropriations necessary to complete the project:
Park Acquisition Development Fund (PAD) $7,655,750
Sewer Service Revenue Fund $ 284,186
Cost of completed Master Plan $ 75,000
TOTAL APPROPRIATED PROJECT FUNDS - PARK $8,957,643
APPROPRIATION OF FUNDS - RECREATION FACILITY
Budget transfer from PR250 $1,000,000
Request for Additional Appropriations necessary to complete the project:
Public Facilities Development Impact Fund (PFDIF) $5,235,889
Cost of completed Master Plan $ 75,000
Cost ofFFE to be addressed as a separate CIP $ 250,000
TOTAL APPROPRIATED PROJECT FUNDS - RECREATION $6,560,889
FACILITY
9-4
Page 5, Item: -----Ì-
Meeting Date: 03/22/05
PROJECT FUNDS - RECAP
Project Funds - Park $ 8,957,643
Project Funds - Recreation Facility $ 6,560,889
TOTAL PROJECT FUNDS - PARK AND RECREATION FACILITY $15,518,532
PCL Construction Services, Inc. has requested the GMP be set at $8,237,643 for the Park and
$5,760,889 for the Recreation Facility for a total of $13,998,532. The GMP includes, but is not
limited to, design services, general conditions, insurance, bonds, construction management, the
cost for all labor, equipment, and material to design and build a fully functional park and
recreation center in accordance with all applicable building codes. The total project cost is
$15,518,532. A previous appropriation of $1,942,707 was approved by Council thru the FY 03-
04 Budget Process. Approval of tonight's resolution will authorize the transfer ofPFDIF funds in
the amount of $1,000,000 from PR250 to PR270 for the establishment of the recreation facility
CIP and authorize an additional appropriation to each project from PAD funds in the amount of
$7,655,750 for the Park and PFDIF funds in the amount of$5,235,889 for the Recreation Facility
as necessary to complete the project. In addition, approval of tonight's resolution will authorize
the transfer of Sewer Service Revenue funds in the amount of $284,186 necessary to provide on
site sewer access for City staff.
The annual on-going costs for the facilities (park and Recreation) are as follows:
Park Maintenance $394,314
Recreation Facility $614,315
Attachment A - First Amendment to the Design Build Agreement
Attachment B - Revised Exhibit 2, Design Build Fee Structure
M:IGeneral ServiceslGS AdministrationlCouncil AgendalMontevalle Community Park DB All3lMontevalle GMP Al13.doc
9-5
RESOLUTION NO. 2005--
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A FIRST AMENDMENT TO THE AGREEMENT WITH PCL
CONSTRUCTION SERVICES, INC. TO INCORPORATE THE GUARANTEED
MAXIMUM PRICE (GMP) FOR THE DESIGN AND CONSTRUCTION OF
MONTEVALLE COMMUNITY PARK (CIP PR250) LOCATED IN THE
ROLLING HILLS RANCH SUBDIVISION OF EASTERN CHULA VISTA,
APPROPRIATING FUNDS NECESSARY TO COMPLETE THE PROJECT, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT
WHEREAS, on December 16, 2003, City Council approved an agreement with PCL
Construction Services, Inc. for the services required to design and construct a completed and fully
functional park and recreation center, Montevalle Park; and
WHEREAS, as part of that agreement, a Guaranteed Maximum Price (GMP) is to be
established at 90% construction documents, which would include, but not be limited to, the cost for
all labor, equipment, and material to design and build a fully functional park and recreation center in
accordance with all applicable building codes; and
WHEREAS, as the design progressed and some of the complexities of this project became
known, the actual GMP as determined at the 90% construction drawing stage exceeded the not to
exceed amount in the original agreement. In addition, the Design Builder's fee and bond rate set
forth in the original agreement warranted further clarification to be addressed in the first amendment;
and
WHEREAS, the First Amendment to the Design Build Agreement between the City ofChula
Vista and PCL Construction Services, Inc. will include setting the GMP at $13,998,532, correct an
erroneous statement regarding field and court lighting and revise the statement for Substantial and
Final Completion dates; and
WHEREAS, Section 1.3.1 of the original agreement stated the GMP excluded field and court
lighting. The costs provided by the Design Builder and as understood by staff since the original
agreement and tonight's establishment of the GMP included field and court lighting, thus the stated
language in the original agreement shall be eliminated; and
WHEREAS, the total project cost is $15,518,532. A previous appropriation of$1,942,707
was approved by Council thru the FY 03-04 Budget Process. Approval oftonight's resolution will
authorize the transfer ofPFDIF funds in the amount of$l,OOO,OOO ITom PR250 to PR270 for the
establishment ofthe recreation facility CIP and authorize an additional appropriation to each project
ITom PAD funds in the amount of $7,585,870 for the Park and PFDIF funds in the amount of
$5,305,769 for the Recreation Facility as necessary to complete the project.
1 ;
9-6
NOW, THEREFORE, BE IT RESOLVED that the City Council of the CityofChula Vista
does hereby approve a First Amendment to the agreement with PCL Construction Services, Inc. to
incorporate the Guaranteed Maximum Price (GMP) for the design and construction of Monte valle
Community Park (CIP PR250) located in the Rolling Hills Ranch subdivision, and appropriating
funds necessary to complete the project.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized to execute said Amendment on behalf of the City ofChula Vista.
Presented by
Approved as to form by
~ I!d/
City Attorney
Jack Griffin
Director of General Services
Llatta-neylresoll" Amendment PCL
2 :
9-7
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
¥-~J/ud
City Attorney
Dated: Ô/'f.ø/05
1 st Amendment to the AÍreement with PCL Construction
Services, Inc. to incorporate the GMP for the design and
Construction of Montevalle Park (CIP PR250)
9-8
First Amendment To
the Design Build Agreement between the City of Chula Vista
and PCL Construction Services Inc.
For Design and Construction ofMonteva1le Community Park
This first amendment is made and entered intc this 22nd day of March, 2005 by and between the
City of Chula Vista (herein "City"), a municipal corporation, and PCL Construction Services,
Inc. (herein "Design Builder or DIE"). City and Design Builder are sometimes hereinafter
referred to as Parties ("Parties")
RECITALS
WHEREAS, the City and DIE entered into an agreement ("Original Agreement") dated
November 25, 2003 and approved by City Council Resolution 2003-496, whereby DIE provides
design and construction services to the City for the construction of a fully functional park and
recreation center including the facilities and site-work; and
WHEREAS, the Original Agreement contained a guaranteed maximum price not to exceed
amount of$6,976,950 million for the Park and $5,347,250 million for building; and
WHEREAS, As the design progressed and some of the complexities of this project became
known, the actual GMP as determined at the 90% construction drawing stage exceeded the not to
exceed amount in the original agreement; and
WHEREAS, DIE and City staff have value engineered the project to provide the best product at
the most effective price; and
WHEREAS the parties now desire to amend the Agreement to increase the contract amount to
incorporate the guaranteed maximum price of $13,998,532 for a fully functional park and
recreation center, Montevalle Community Park.
NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the Parties set
forth herein, the City and Design Builder agree as follows:
1.
Section 1 of Original Agreement, entitled General Scope of Work to be Performed by
DIE, is hereby amended as follows:
1.3.1 Perform all services, work and obligations as described herein for the
Guaranteed Maximum Price (GMP), which shall include Design Services
and General Conditions necessary to provide a fully completed and
functional Project. DIE shall perform all Design Services and General
Conditions for the not to exceed amount of $~ $1,443,290. At
9-9
90% complete construction documents a GMP will be established
pur'3uant to Section 13 of this Agreement, which will mclude, but not
limited to, the cost for all labor, equipment, and material to design and
build a fully functional park and recreation facility (æ<:eluœg Hele! ¡me!
seert JigMiRg) (mcluding field and court lighting) m accordance with all
applicable rules, regulations, and laws. The DIE fee shall be ~ 6.48%
of hard construction costs, bond cost shall be M% 0.72% of hard
construction costs. ÞüJ.y costs mcWTed by DIE m excess of said GMP
shall be the sole responsibility of the DIE, unless a change order is
approved by the City pursuant to Sections 9 and 14 of this agreement. All
funds remaiuing m the GMP at the completion of the project shall belong
to the City.
1.3.2 Substantial Completion:
Achieve "Substantial Completion" (as derIDed m §16.1) no later than 499
sa1e"èar è&ys frem issUBfiee ef Neris" te Freeeee! at OJceaaâe" ef
.\¡;reeæem:. April 14th, 2006.
1.3.3 Achieve "Fmal Completion" (as defined m §16.2) No later than £G
eal6f!èar e!6J s frem is:Rumee ef Nstiee te Freeeee! at eKeGH-tÏeli sf
:.¡;reemem:. May 12th, 2006.
2.
Section 13 of the Original Agreement, entitled DIE GMP for Services and
Reimbursements, is hereby amended to read as follows:
13.1 D/B shall submit to City 90% Construction Documents ("CD's") for
approval. Upon the approval of the 90% CD's, DIE shall, within ten (10) working
days, submit a GMP for approval by City. The GMP shall mclude all Hard
Construction Costs, D/B Contmgency Fund, Reimbu;seaÐle Coats, and D/B Fixed
Fee for the complete design and construction of the entire Project as specified m the
90% CD's; provided that:
13.1.1 The GMP shall not exceed $~ $8,462,763 million for the Park and
$~ $5,535,769 million for building and mc!ude withm said GMP
shall be no more than $~ $1,443,290 for Design Services and
General Conditions as previously identified m Section 1.3.1 of this
agreement.
13.2 Except as otherwise expressly provided m this Agreement, as full and
complete compensation for performance of all services and obligations under this
Agreement, D/B shall be compensated ("D/B GMP") by a sum to be determined at
90% construction documents. GMP shall mclude the not to exceed amount of
~ $492,910 for General Conditions and ~ $950,380 for Design
9-10
3.
4.
Services for a total of ~ $1,443,290. Said $~ $1,443,290 for
General Conditions and Design Services shall not be exceeded unless additional
services are requested pursuant to § 7 above or a change order issued pursuant to §
14. Unless otherwise expressly provided in this Agreement, DIB GMP shall include
full compensation for all costs of any type incurred by D/B in performing all services
and obligations under this Agreement, including but not limited to the following:
Exhibit 2 of the Original Agreement shall be substituted with the Revised Exhibit 2.
Except as expressly provided herein all other provisions of the Original Agreement
shall remain in full force and affect
9-11
Signature Page to the First Amendment to
the Design Build Agreement between the City of Chula Vista
and PCL Construction Services, Inc.
For Design and Construction of Monte valle Co=unity Park
City of Chula Vista
PCL Construction Services, Inc.
by
Stephen C. Padilla, Mayor
-~'
by \
e and Tl
Darin Chestnut, District
Manager
Date
ATTEST:
Susan Bigelow, City Clerk
Approved in form by:
Ann Moore, City Attorney
M,IGen"al SmimlGS Admini,...tinnICnundl AgondalMnntova!l, Community Pock DB Al l3lMnntovall, Pock Am.udment Sign_,
Pag,.d"
9-12
Exhibit 2
Montevalle Community Park
3/9/2005
Updated Schedule of Rates and Fees:
Preconstruction Services/Design/General Conditions
Preconstruction Services and Design: $950,380
General Conditions:
$492,910
Total:
Cost of Work Multiplier(FEE):
(Includes D/B's profit and overhead/liability insurance)
Payment and Performance Bond Rate:
All percentages are bases on Hard Construction costs.
GMP Summary:
Construction Costs(w/con):
FEE:
Payment and Performance Bond:
General Conditions:
Preconstruction Services and Design:
Sewer Access Road
$11,446,880
$741,758
$82,418
$492,910
$950,380
$284,186
Total GMP:
9-13
Attachment B
$1,443,290
6.48%
0.72%
$13,998,532
RESOLUTION NO. 2005--
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ESTABLISHING A SEPARATE CAPITAL
lliŒROVEMENTPROJECTFORTHERECREATIONFACILITY
COMPONENT OF "MONTEV ALLE RECREATION FACILITY",
(CIP PR270), TRANSFERRING EXISTING PFDIF FUNDS IN
PR250 TO PR270 AND APPROPRIATING FUNDS NECESSARY
TO COMPLETE THE PROJECT
WHEREAS, on December 16, 2003, City Council approved an agreement with PCL
Construction Services, Inc. for the services required to design and construct a completed and
fully functional park and recreation center, Montevalle Park; and
WHEREAS, the First Amendment (Attachment A) to the Design Build Agreement
between the City of Chula Vista and PCL Construction Services, Inc. set the GMP at
$13,998,532, corrected an erroneous statement regarding field and court lighting and revised the
statement for Substantial and Final Completion dates; and
WHEREAS, staff is recommending transferring existing PFDIF funds in the amount of
$1,000,000 to the establishment of a separate capital improvement project for the recreation
facility component of Montevalle Park, "Montevalle Recreation Facility", CIP No. PR270 and
appropriating $5,270,429 fiom the available PFDIF balance as necessary to complete the project.
This will enable a clear and more concise distinction of expenditures between the Park and the
Recreation Facility.
NOW, THEREFORE, BE IT RESOLVED that the City Council of City of Chula Vista
does hereby approve establishing a separate capital improvement project for the recreation facility
component of Montevalle Community Park, "Montevalle Recreation Facility", (CIP PR270),
transferring existing PFDIF funds in PR250 to PR270 and appropriating funds necessary to
complete the project.
Presented by
Approved as to form by
Jack Griffin
Director of General Services
~Jkø
Attorney
httomeylResolfinancelMonteval1e Park Recreation Facility transfer
9-14
COUNCIL AGENDA STATEMENT
Item \(~
Meeting Date 03/08/05
ITEM TITLE:
Resolution establishing a new capital improvement project
whereby the Furniture, Fixtures and Equipment (FFE) budgets for
Veteran's Park, Salt Creek Community Park and Montevalle
Community Park are consolidated into one project, "Veteran's Park,
Salt Creek and Montevalle Community Park - Furniture, Fixtures and
Equipment" (PR265), transferring existing funds and appropriating
funds thereof.
SUBMITTED BY: Director of General Services (:jJa
REVIEWED BY: CityManager~~a¡-l (4/5thsVote: l No_)
Council previously approved the Veterans Park, Salt Creek Community Park and Montevalle
Community Park capital improvement projects. All three parks contain FFE budgets to outfit
each facility necessary to provide community recreation services. Tonight's resolution will
approve the establishment of a new capital improvement project that would consolidate all three
FFE budgets into one project, transferring existing funds and appropriating funds thereof.
RECOMMENDATION: That Council approve establishing a new capital improvement project
whereby the Furniture, Fixtures and Equipment (FFE) budgets for Veteran's Park, Salt Creek
Community Park and Montevalle Community Park are consolidated into one project, "Veteran's
Park, Salt Creek and Montevalle Community Park - Furniture, Fixtures and Equipment"
(PR265), transferring existing funds and appropriating funds thereof.
BOARDS/COMMISSION: N/A
DISCUSSION:
Each of the three parks, Veteran's Park, Salt Creek and Montevalle Community Park, contains a
budgeted amount for FFE to outfit each facility necessary to provide community recreation
services. In the design phase of each project it was discovered that there was a potential savings
in "bulk" purchases of recreation equipment by the Recreation Department for all three facilities.
In an effort to streamline the process of furniture, fixture and equipment acquisition, staff is
recommending the establishment of a new capital improvement project "Veteran's Park, Salt
Creek and Montevalle Community Park - Furniture, Fixtures and Equipment" (PR265) whereby
all three FFE budgets in the amount of $700,000 will be consolidated into one project and broken
down" as follows:
PROJECT FFE Source
Veterans Park $150,000 PFDIF annronriated in PR238
Montevalle Community $250,000 Available PFDIF balance
Park
Salt Creek Community $300,000 $270,00 from Available PFDIF
Park balance and $30,000 from
Available PAD balance
Total $700,000 .
10-1
Page 2, Item 1 ~
Meeting Date 03/08/05
FISCAL IMPACT: The Veterans Park GMP and project budget were previously approved in
July 20, 2004, which included an FFE budget of $150,000. Staff is recommending transferring
$150,000 of the Pubic Facilities Development Impact Fee Fund (PFDIF) from the existing
Veterans Park budget to the "Veteran's Park, Salt Creek and Montevalle Community Park -
Furniture, Fixtures and Equipment" (PR265) project. The FFE budgets, that previously would
have been appropriated at the time the GMP was established, for Montevalle Community Park is
$250,000 and $300,000 for Salt Creek Community Park. At this time, staff is recommending
appropriating $520,000 from the available PFDIF balance and $30,000 from the available PAD
balance for Park-related elements of the project such as speed soccer equipment (soccer nets,
soccer balls), basketballs, etc. to the "Veteran's Park, Salt Creek and Montevalle Community
Park - Furniture, Fixtures and Equipment" (PR265) project for acquisition of items to outfit each
facility necessary to provide community recreation services.
M,\General Serviees\GS Administration\Conncil AgendaIRec Facilities. FFE {Vet,SC,MV)IRec Fac FFE.doc
10-2
RESOLUTION NO. 2005--
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ESTABLISHING A NEW CAPITAL PROJECT
WHEREBY THE FURNITURE, FIXTURES AND EQUIPMENT
(FFE) BUDGETS FOR VETERAN'S PARK, SALT CREEK
PARK AND MONTEVALLE COMMUNITY PARK ARE
CONSOLIDATED INTO "RECREATION FACILITIES
FURNITURE, FIXTURES AND EQUIPMENT" (PR265),
TRANSFERRING EXISTING FUNDS AND APPROPRIATING
FUNDS THEREOF
WHEREAS, Veterans Park is currently in construction; and
WHEREAS, Salt Creek Community Park and Montevalle Community Park are ready to
begin the construction phase; and
WHEREAS, each park contains a budgeted amount for FFE to outfit each facility
necessary to provide community recreation services. In the design phase of each project it was
discovered that there was a potential savings in "bulk" purchases of recreation equipment by the
Recreation Department for all three facilities; and
WHEREAS, in an effort to streamline the process of furniture, fixture and equipment
acquisition, staff is recommending the establishment of a new capital improvement project
"Recreation Facilities - Furniture, Fixtures and Equipment" (PR265) whereby all three FFE
budgets, in the amount of $700,000, are consolidated into one project and broken down as
follows:
PROJECT FFE Source
Veterans Park $150000 PFDIF a~~ro~riated in PR238
Montevalle Community $250,000 Available PFDIF balance
Park
Salt Creek Community $300,000 $270,00 from Available PFDIF
Park balance and $30,000 from
Available PAD balance
Total $700000
NOW, THEREFORE, BE IT RESOLVED that the City Council of City of Chula Vista
does hereby approve establishing a new capital improvement project whereby the Furniture,
Fixtures and Equipment (FFE) budgets for Veteran's Park, Salt Creek Community Park and
Montevalle Community Park are consolidated into "Recreation Facilities - Furniture, Fixtures
and Equipment" (PR265), transferring existing funds and appropriating funds thereof.
10-3
Presented by
Jack Griffin
Director of General Services
J:anorneylResolfinancelFEE PR265
10-4
Approved as to form by
fta~ wP
AnnM e
City Attorney
COUNCIL AGENDA STATEMENT
Item:
Meeting Date: 03/22/05
ITEM TITLE:
Resolution approving the first amendment to the agreement
with Rudolph and Sletten, lnc to incorporate the Guaranteed Maximum
Price (GMP) for the design and construction of Salt Creek Community
Park (CIP PR25l) located in the Eastlake Trails neighborhood of Eastern
Chula Vista, appropriate funds necessary to complete the project and
authorizing the Mayor to execute said amendment.
Resolution establishing a separate capital improvement project
for the recreation facility component of Salt Creek Community Park, "Salt
Creek Recreation Facility", (CIP PR271), transferring existing PFDIF
funds in PR251 to PR271 and appropriating funds necessary to complete
the project.
SUBMITTED BY:
Director of General Servicesò~
Glt
City Manager ~ ~ 9'"
(4/5ths Vote: Yes..x.. No~
REVIEWED BY:
The City Council previously approved CIP project No. PR251 and the Master Plan for Salt Creek
Park which conceptually designed and provided for the construction of a completed and fully
functional park and recreation center. On November 4, 2003 by Resolution 2003-452, Council
approved a Design Build Agreement with Rudolph and Sletten, Inc. for this project. The Design
Build Agreement contained a not to exceed price of $12,044,814 with the GMP to be set upon
receipt of 90% construction drawings. The project is nearing the end of the design phase and
ready to start the construction phase in March. Tonight's resolution will approve the first
amendment that will set the Guaranteed Maximum Price (GMP) at $13,493,898, which is
comprised of $7,715,252 for the Park and $5,778,646 for the Building.
RECOMMENDATION:
That the City Council approve the first amendment of the Design Build Agreement incorporating
the GMP at $13,493,898 for the services required to design and construct Salt Creek Community
Park (CIP PR25l) located in the Eastlake Trails neighborhood of Eastern Chula Vista,
appropriating funds therefore and authorizing the Mayor to execute said amendment.
That the City Council approve establishing a separate capital improvement project for the
recreation facility component of Salt Creek Community Park, "Salt Creek Recreation Facility",
(ClP PR271), transferring existing PFDlF funds in PR251 to PR271 and appropriating funds
necessary to complete the project.
Page 2, Item:
Meeting Date: 03/22/05
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
BACKGROUND:
On November 4, 2003 by Resolution 2003-452 City Council approved an agreement with
Rudolph and Sletten, Inc. for the services required to design and construct a completed and fully
functional park and recreation center, Salt Creek Park. As part of that agreement, a Guaranteed
Maximum Price (GMP) is to be established at 90% construction documents, which would
include, but not be limited to, the cost for all labor, equipment, and material to design and build a
fully functional park and recreation center in accordance with all applicable building codes. A
not to exceed amount of $12,044,814 million was established, based upon rough schematic
drawings, in the Design Build agreement. As the design progressed and some of the
complexities of this project became known, the actual GMP as determined at the 90%
construction drawing stage exceeded the not to exceed amount in the original agreement.
PROJECT SCOPE AND CONTRACTUAL REQUIREMENTS
The Design-Build Agreement with Rudolph and Sletten, Inc. provides the City with a fully
functional Salt Creek Park including the facilities and site-work required to provide recreational
and park service to residents of that community as well as other residents of the City.
The First Amendment to the Design Build Agreement (Attachment A) between the City ofChula
Vista and Rudolph and Sletten, Inc. will include setting the GMP at $13,493,898, update field
and court lighting incorporating costs and revise the statement for Substantial and Final
Completion dates. The GMP shall include all design and construction services to complete a
fully functional park and recreation center. The GMP is higher than the not to exceed amount in
the original agreement due to the process of refining the various project elements and increasing
the scope of the project as is typical with a project with two very distinct elements (a park and a
recreation facility). Staff has also incorporated the need to provide City staff with road access to
on-site sewer. Staff has made every effort in value engineering the project and concurs with the
Design Builder's GMP amount.
Initially the field and court lighting were excluded from the original agreement. As design
progressed it became necessary to include field and court lighting previously not provided by the
Design Builder. The amendment to the original agreement will incorporate language to include
field and court lighting and update the GMP to include cost.
The Substantial and Final completion dates will be amended to include actual dates in lieu of
number of calendar dates from Notice to Proceed as in the Original Agreement. The revised
Substantial Completion date is April 14, 2006 and the revised Final Completion date is May 14,
2006.
ENVIRONMENTAL DETERMINA nON
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act and has determined that the project was covered in
previously adopted Eastlake Trails/Greens Replanning Program Final Subsequent Environmental
Impact Report 97-04 (FSEIR 97-04). The Environmental Review Coordinator has determined
that only minor technical changes or additions to this document are necessary and that none of
Page 3, Item:
Meeting Date: 03/22/05
the conditions described in Section 15162 of the State CEQA Guidelines calling for the
preparation of a subsequent document have occurred; therefore, the Environmental Review
Coordinator has prepared an addendum to this document, Eastlake Trails/Greens Replanning
Program Final Subsequent Environmental Impact Report 97-04 (FSEIR 97-04).
CHANGE ORDERS
Under the design/build process, change orders are handled differently than under the
design/bid/build process. Change orders are only returned for Council approval if they exceed
the approved GMP, or are for additional work requested by City, which results in a significant
change to the original scope. Otherwise, change orders are reviewed/approved by staff and the
design builder. This practice is commonplace when using the design/build construction
technique.
CIP ESTABLISHMENT
Council previously approved CIP project No. PR251 and the Master Plan for Salt Creek Park,
which conceptually designed and provided for the construction of a completed and fully
functional park and recreation center. Typically, a "Park" and "Recreation Facility" would be
handled as two separate projects. However, when this park and other newer parks with
recreation facilities projects were established, the Design Build method was utilized whereby the
design phase of the process encompassed both the park and recreation facility, thus budgeted as
one project. The park is funded by Park Acquisition Development (PAD) funds and the
Recreation Facility with Public Facilities Development Impact Fee (PFDIF) funds. At this time,
staff is recommending transferring existing PFDIF funds in the amount of $1,000,000 to the
establishment of a separate capital improvement project for the recreation facility component of
Salt Creek Park, "Salt Creek Recreation Facility", CIP No. PR271, and appropriating $4,978,646
from the available PFDIF balance as necessary to complete the project. This will enable a clear
and more concise distinction of expenditures between the Park and the Recreation Facility. Staff
will work with Finance to reallocate design expenditures of the recreation facility previously
charged to the new CIP.
Existing CIP project PR25 1 will remain to fund the park portion of the project. An additional
appropriation of $7,702,755 of PAD Fees is necessary to fully fund the park component of the
project.
The total cost of the project and GMP exceed the amount set forth in the Design Build
Agreement as the amount not to exceed cost of the project. At the time of the Design Build
Agreement, staff recommended an amount not to exceed that was less than the total budgeted
cost of the project. This is commonly done as the costs of the project that are estimated at the
master plan level rarely remain consistent through the design process. By establishing a less than
budgeted amount not to exceed, staff is better able to focus the design builder on designing a
project that remains within our budgetary constraints. Also, in the case of this project, the design
build agreement was entered into in November of 2003 when the cost of construction materials
started to substantially increase. Staff felt it prudent at that time to establish a conservative cost
of the project and be able to respond to unexpected changes in material costs. The total project
cost for both the park and the recreation center remain consistent with the amount of PAD Fees
collected for the park and the amount of PFDIF revenues generated for the recreation center.
The final design of the project remains consistent with the adopted master plan.
Page 4, Item:
Meeting Date: 03/22/05
The estimated cost of Furniture, Fixtures and Equipment (FFE) for this project is $300,000. In an
action earlier this evening, Council approved placing the FF&E budgets for Veteran's, Salt
Creek and Salt Creek Park projects be combined into a separate capital improvement project
"Recreation Facilities - Furniture, Fixtures and Equipment" (CIP No. PR265).
FISCAL IMPACT:
PROJECT COSTS
GMP $13,493,898
Park $7,715,252
Recreation Facility $5,778,646
City Staff Costs, Consultant, Oversight (incl. Special Inspections),
Utilities and FFE $ 730,000
Park $280,000
Recreation Facility $150,000
FFE $300,000
City Contingency $ 382,000
Park $332,000
Recreation Facility $50,000
Master Plan - complete $ 157,002
Park $78,501
Recreation Facility $78,501
TOT AL PROJECT COSTS $14,762,900
APPROPRIATION OF FUNDS - PARK
Appropriation to Date $ 1,524,497
Less transfer to PR271 for Recreation Facility (PFDIF) ($1,000,000)
Balance to Date $ 524,497
Request for Additional Appropriations necessary to complete the project:
Park Acquisition Development Fund (PAD) $7,702,755
Sewer Service Revenue Fund $ 100,000
Cost of completed Master Plan $ 78,501
Cost of FFE to be addressed as a separate CIP $ 30,000
TOTAL APPROPRIATED PROJECT FUNDS - PARK $8,435,753
APPROPRIATION OF FUNDS - RECREATION FACILITY
Budget transfer from PR251 $1,000,000
Request for Additional Appropriations necessary to complete the project:
Public Facilities Development Impact Fund (PFDlF) $4,978,646
Cost of completed Master Plan $ 78,501
Cost ofFFE to be addressed as a separate CIP $ 270,000
TOTAL APPROPRIATED FUNDS - RECREATION FACILITY $6,327,147
. ,
Page 5, Item:
Meeting Date: 03/22/05
PROJECT FUNDS - RECAP
Proj ect Funds - Park $8,435,753
Project Funds - Recreation Facility $6,327,147
TOTAL PROJECT FUNDS - PARK AND RECREATION FACILItY $14,762,800
/'
Rudolph and Sletten, Inc. has requested the GMP be set at $13,513,091. The GMP includes, but
is not limited to, design services, general conditions, insurance, bonds, construction
management, the cost for all labor, equipment, and material to design and build a fully functional
park and recreation center in accordance with all applicable building codes. The total project
cost is $14,762,800. A previous appropriation of $1,524,497 was approved by Council thru the
FY 03-04 Budget Process. Approval of tonight's resolution will authorize the transfer of PFDIF
funds in the amount of$l,OOO,OOO from PR251 to PR271 for the establishment of the recreation
facility CIP and authorize an additional appropriation to each project from PAD funds in the
amount of $7,702,755 for the Park and PFDIF funds in the amount of $4,978,646 for the
Recreation Facility as necessary to complete each project.
The annual on-going costs for the facilities (Park and Recreation) are as follows:
Park Maintenance $394,314
Recreation Facility $566,188
Attachment A - First Amendment to the Design Build Agreement
Attachment B - Revised Exhibit 2, Design Build Fee Structure
M:\(ìclleral Serviccs\GS Administration\Council Agenda\Salt Creek Park\Salt Creek GMP.doc
RESOLUTION NO. 2005--
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING THE FIRST
AMENDMENT TO THE AGREEMENT WITH RUDOLPH
AND SLETTEN, INC. TO INCORPORATE THE
GUARANTEED MAXIMUM PRICE (GMP) FOR THE
DESIGN AND CONSTRUCTION OF SALT CREEK
COMMUNITY PARK (CIP PR251) LOCATED IN THE
EASTLAKE TRAILS NEIGHBORHOOD OF EASTERN
CHULA VISTA, APPROPRIATE FUNDS NECESSARY
TO COMPLETE THE PROJECT AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AMENDMENT
WHEREAS, the City Council previously approved CIP project No. PR251 and
the Master Plan for Salt Creek Park which conceptually designed and provided for the
construction of a completed and fully functional park and recreation center; and
WHEREAS, on November 4, 2003 by Resolution 2003-452, Council approved a
Design Build Agreement with Rudolph and Sletten, Inc. for this project. The Design Build
Agreement contained a not to exceed price of$12,044,814 with the GMP to be set upon receipt
of 90% construction drawings; and
WHEREAS, the project is nearing the end of the design phase and ready to start
the construction phase in March; and
WHEREAS, the First Amendment to the Design Build Agreement between the
City ofChulaVista and Rudolph and Sletten, Inc. will include setting the GMP at $13,513,091,
update field and court lighting incorporating costs and revise the statement for Substantial and
Final Completion dates; and
WHEREAS, the GMP is higher than the not to exceed amount in the original
agreement due to the process of refining the various project elements and increasing the scope
of the project which is typical on a project with two very distinct elements (a park and a
recreation facility); and
WHEREAS, as the design progressed it became necessary to include field and
court lighting previously not provided by the Design Builder; and
11-6
WHEREAS, the Environmental Review Coordinator has reviewed the proposed
project for compliance with the California Environmental Quality Act and has determined that
the project was covered in previously adopted Eastlake Trails/Greens Replanning Program
Final Subsequent Environmental Impact Report 97-04 (FSEIR 97-04).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the First Amendment to the agreement with Rudolph and Sletten,
Inc. to incorporate the Guarantee Maximum Price (GMP) for the design and construction of Salt
Creek Community Park (CIP PR251) located in the Eastlake Trails neighborhood of Eastern
Chula Vista, appropriate funds necessary to complete the project and authorizing the Mayor to
execute said amendment.
Presented by
Approved as to form by
Jack Griffm
Director of General Services
~jJ~ ~
City Attorney
J:lattomeylresolamendment\!" Amendment -Rudolph Sletten
11- 7
RESOLUTION NO. 2005--
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ESTABLISHING A SEPARATE CAPITAL
INIPROVEl\tIENT PROJECT FOR THE RECREATION FACILITY
COMPONENT OF SALT CREEK CŒv[MUNITY PARK, "SALT
CREEK RECREATION FACILITY", (CIP PR271),
TRANSFERRING EXISITING PFDIF FUNDS IN PR251 TO
PR271 AND APPROPRIATING FUNDS NECESSARY TO
COMPLETE THE PROJECT
WHEREAS, on November 4, 2003 by Resolution 2003-452 City Council approved an
agreement with Rudolph and Sletten, Inc. for the services required to design and construct a
completed and fully functional park and recreation center, Salt Creek Park; and
WHEREAS, the First Amendment to the Design Build Agreement (Attachment A)
between the City of Chula Vista and Rudolph and Sletten, Inc. included setting the GMP at
$13,513,091, updating field and court lighting incorporating costs and revising the Substantial
and Final Completion dates; and
WHEREAS, staff is recommending transferring existing PFDIF funds in the amount of
$1,000,000 to the establishment of a separate capital improvement project for the recreation
facility component of Salt Creek Park, "Salt Creek Recreation Facility", CIP No. PR271, and
appropriating $4,933,198 from the available PFDIF balance as necessary to complete the project
NOW, THEREFORE, BE IT RESOLVED that the City Council of City of Chula Vista
does hereby approve establishing a separate capital improvement project for the recreation facility
component of Salt Creek Community Park, "Salt Creek Recreation Facility", (CIP PR271),
transferring existing PFDIF funds in PR251 to PR271 and appropriating funds necessary to
complete the project.
Presented by
Approved as to fonn by
Jack Griffin
Director of General Services
httomeylResolfin,nce\Salt Creek Recreation Facility transfer
11-8
TIlE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
4fiL ~ /Iud
City Attorney
Dated:
First Amendment to the Agreement with
Rudolph &Sletten, Inc. to incorporate the
Guaranteed Maximum Price (GMP) for design
And construction of Salt Creek Community Park (CIP PR25l)
11-9
First Amendment To
the Design Build Agreement between the City of Chura Vista
and Rudolph and Sletten, Inc.
For Design and Construction of Salt Creek Comm1JIlÍty Park
This first amendment is made and entered into this 8th day of March, 2005 by and between the
City of Chura Vista (herein "City"), a m1JIlÍcipal cOIporation, and Rudolph and Sletten, Inc.
(herein "Design Builder or D/B"). City and Design Builder are sometimes hereinafter referred to
as Parties ("Parties")
RECITALS
WHEREAS, the City and D/B entered into an agreement ("Original Agreemenf') dated
November 4, 2003 and approved by City Council Resolution 2003-452, whereby D/B provides
design and construction services to the City for the construction of a fully functional park and
recreation center including the facilities and site-wOI:k; and .
WHEREAS, the Original Agreement contained a guaranteed maximum price not to exceed
amount of$12,044,8l4 million; and
WHEREAS, As the design progressed and some of the complexities of this project became
known, the actual GMP as detennined at the 90% construction drawing stage exceeded the not to
exceed amount in the original agreement; and
WHEREAS, D/B and City staff have value engineered the project to provide the best product at
the most effective price; and
WHEREAS the parties now desire to amend the Agreement to increase the contract amount to
incorporate the gnaranteed maximum price of $13,493,898 for a fully functional park and
recreation center, Salt Creek Comm1JIlÍty Park.
NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the Parties set
forth herein, the City and Design Builder agree as follows:
1.
Section 1 of Original Agreement, entitled General Scope of Work to be Performed by
D/B, is hereby amended as follows:
1.3.1 Perform all services, work and obligations as described herein for the
Guaranteed Maximum Price (GMP), which shall indude Design Services
and General Conditions necessary to provide a fully completed and
functional Project. D/B shall perform all Design Services and General
Conditions for the not to exceed amount of ~ $1,638,015. At
90% complete construction documents a GMP will be established
pursuant to Section 13 of this agreement, which will include, but not
11-10
limited to, the cost for all labor, equipment, and material to design and
build a fully functional park and recreation facility (e¡(oluàiÐ.g field Emd
""1iFt lighting) (includmg field and court lighting) in accordance with all
applicable rules, regulations, and laws. The DIB fee shall be 4.0%of hard
construction costs and the bond cost shall be 0.78% of hard construction
costs. Þilly costs incurred by DIB in excess of said GMP shall be the sole
responsibility of the DIB, unless a change order is approved by the City
pursuant to Sections 9 and 14 of this agreement. All funds remaining in
the GMP at the completion of the project shall belong to the City.
1.3.2 Substantial Completion;
Achieve "Substantial Completion" (as defined in § 16.1) no later than 49Q
"aI""dar days trem is_ee ef N"liee te Preceed at eJ(eeulieR ef
Agreemellt. April 14, 2006.
1.3.3 Achieve "Final Completion" (as defined in §16.2) No later than ~
ea!8Rèæ: days trem is-ee ef Neliae te P-raaeed at e1Eeauliea ef
f.,greement. May 14, 2006.
2.
Section 13 of the Original Agreement, entitled DIB GMP for Services and
Reimbursements, is hereby amended to read as follows;
13.1.1 The GMP shall not exceed $6.3 aillieR $7,715,252 for the Park and ~
miIlioo $5,778,646 for building and include witlrin said GMP shall be no
more than ~ $1,638,015 for Design Services and General
Conditions as previously identified in Section 1.3.1 of this agreement.
13.2 Except as otherwise expressly provided in this Agreement, as full and complete
compensation for performance of all services and obligations under this Agreement,
DIB shall be compensated ("DIB GMP") by a sum to be determined at 90%
construction documents. GMP shall include the not to exceed amount of ~
$684,916 for General Conditions and $&9G;600 $953,099 for Design Services for a
total of $~ $1,638,015. Said ~ $1,638,015 for General Conditions
and -Design Services shall not be exceeded unless additional services are requested
pursuant to § 7 above or a change order issued pursuant to § 14. Unless otherwise
expressly provided in this Agreement, DIB GMP shall include full compensation for
all costs of any type incurred by DIB in performing all services and obligations under
this Agreement, including but not limited to the following:
3.
Section 11 of the Original Agreement, entitled Insurance, is hereby amended to read
as follows:
11.3.1.5 Builder's Risk Property Insurance:
The City of Chula Vista will provide coverage for "all risk" Builder's Risk Insurance,
excludmg the peril of earthquake, and subject to other policy terms, conditions and
11-11
4.
5.
exclusions, Coverage will be provided for the Full Hard Cost Replacement Cost of
Materials, Equipment and fixtures destined to become a permanent part of the
structure, Property in Transit, and Property in Offsite Storage for Salt Creek
Community Park construction in an amount not to exceed $5.$ 8 million. Contractors
and Subcontractors will be added to policy as Loss Payees as their interest may
appear.
11.4.1.5
Builder's Risk
$5,599,999
N/A
Hard Construction Cost of
Structure
Exhibit 2 of the Original Agreement shall be substituted with the Revised Exhibit 2.
Except as expressly provided herein all other provisions of the OrigÌnal Agreement
shall remain in full force and affect.
11-12
Signature Page to the First Amendment to
the Design Build Agreement between the City of Chula Vista
and Rudolph and Sletten, Inc.
For Design and Construction of Salt Creek Park
by
Stephen C. Padilla, Mayor
æ;7L
Rene Olivo, Project Executive
City of Chula Vista
Date
ATTEST:
Susan Bigelow, City Clerk
Approved in form by:
Ann Moore, City Attorney
M'IO...",1 S""i",IOS AdnlliU"",tionICounoil Ag",d.lMoolmll, Community Pm DB AI13lMon"voll, Puk Amondmool Sign.to"
Pag'.d"
11-13
Exhibit 2
Salt Creek Community Park
3/9/2005
Updated Schedule of Rates and Fees:
Preconstruction ServiceslDesigniGeneral Conditions
Preconstruction Services and Design: $953,099
General Conditions:
$684,916
Total:
Cost of Work Multlplier(FEE):
(Includes DIB's p~ofit and overheadlliability insurance)
Payment and Perfonnance Bond Rate:
All percentages are bases on Hard Construction costs.
GMP Summary:
Construction Costs, Fees and Bonds
General Conditions:
Preconstruction Services and Design:
Channel Survey .
$11,810,383
$684,916
$953,099
$45,500
Total GMP:
Notes:
Excludes Rip Rat at Channel
Assumes 2' fill lower field - soil to be provided by owner to jobsite
11-14
Attachment B
$1,638,015
4.80%
0.78%
$13,493,898
COUNCIL AGENDA STATEMENT
Item L:t-
Meeting Date 03/22/2005
ITEM TITLE:
Resolution approving an agreement with Hirsch & Company, to
provide professional engineering services for closed-circuit televising (CCTV)
inspections and condition assessments, rehabilitation recommendations and
prioritization of the City's Corrugated Metal Pipe (C:MP) pipelines and associated
improvements for the City of Chula Vista and authorizing the Mayor to execute
the agreement on behalf of the City.
Resolution establishing a capital improvement project entitled
"04/05 Corrugated Metal Pipe (CMP) Rehabilitation Program Phase I, CCTV",
(CIP DR-l64) and transferring existing funds from CIP "Western Chula Vista
Infrastructure" (GG-188) to DR-l64 for said purpose.
SUBMITTED BY: Director of General Services ~J} ,
Cv-
REVIEWED BY: City Manager ftlD~ (4/5ths Vote: Yes.x.No-1
Approximately 88,000 lineal feet of corrugated metal pipe (CMP) currently exists the City of Chula
Vista. The pipe segments are located throughout the City within right-of-way, easements, private
property and/or undeveloped areas and are currently being used to convey storm water runoff. The City is
in need of a qualified consultant to survey, inspect, and assess the current condition of these pipes, as well
as to provide recommendations on their rehabilitation and a prioritization of this rehabilitation.
RECOMMENDATION: That Council approve:
Resolution approving an agreement with Hirsch & Company, to provide professional engineering services
for closed-circuit televising (CCTV), inspections, and condition assessments, rehabilitation
recommendations, and rehabilitation prioritizing of the City's CMP pipelines and associated
improvements for the City of Chula Vista and authorizing the Mayor to execute the agreement on behalf
ofthe City.
Resolution establishing a capital improvement project for the closed-circuit televising work to be done,
entitled "04/05 Corrugated Metal Pipe (CMP) Rehabilitation Program Phase I, CCTV", (CIP DR-l 64),
transferring existing funds from CIP "Western Chula Vista Infrastructure" (GG-I88) to DR-164 for said
purpose.
BOARDS/COMMISSIONS RECOMMENDATION: None
12-1
Page 2, Item );;;2.
Meeting Date 03/22/2005
DISCUSSION:
Background
Approximately 88,000 lineal feet of corrugated metal pipe (CMP) currently exists within the limits of the
City ofChula Vista. The pipe segments are located throughout the City within right-of-way, easements,
private property and/or imdeveloped areas and are currently being used to convey storm water runoff.
The integrity and/or capacity could be compromised as a result of debris deposition that can scour the
pipe material or obstruct the flow of storm water runoff. Hence, the City implemented and currently
maintains a program to rehabilitate CMP pipelines and associated improvements. However, a citywide
assessment of CMP conditions and a priority of rehabilitation is not currently in place. The City is in
need of a qualified consultant to survey, inspect, and assess the current condition of these pipes, as well as
to provide recommendations on their rehabilitation and a prioritization of this rehabilitation.
SCOPE OF WORK
The work involved will include the following:
.
Preparing and permitting .traffic control plans;
Locating and mobilizing at each access point;
Cleaning CMP pipeline where necessary to provide for televising equipment;
Televising of approximately 88,000 lineal feet of CMP with specialized televising equipment
provided by consultant;
Providing a video color format recording of said televising, including narrative soundtrack and
condition assessment data;
Providing rehabilitation recommendations;
Providing a rehabilitation priority list for all of the City's CMP pipelines based upon a set of
standards developed by the consultant and approved by the City;
Identifying all features and defects observed in the pipeline and access point televising;
Performing access point, inlet, outfall and/or junction structure CCTV televising, inspection and
condition assessment at all CMP pipeline access points;
Obtaining all permits required for safety, traffic control, an others as required;
Providing reports of inspection results ofCMP pipeline televising and condition assessments;
IdentifYing, during pipeline televising, the existence of problem conditions that requires
immediate repair or pipeline replacement; coordinating this work with related work by City staff
and others.
.
.
.
.
.
.
.
.
.
CONSULTANT SELECTION PROCESS
Staff prepared and issued a Request for Proposals (RFP) in November 2004, and on December 17, 2004,
the City received a total offour (4) proposals from from (4) consultants. The City's consultant selection
committee ("committee") reviewed the proposals and scheduled all four of the firms to be interviewed.
Three of the four fIrms; Hirsch & Company, PBS&J, andDMR Team were subsequently interviewed this
past February.
12-2
Page 3, Item :?-
Meeting Date 03/22/2005
Advanced Infrastructure Systems cancelled their interview.
The committee ranked the consultants as follows:
Consultant CMP CCTV Inspection & Condition Consultant
Assessment Proposal Amount Ranking
Hirsch & Company $504,898 First Negotiation
Preference
Second
PBS&J $368,387 Negotiation
Preference
DMR Team Total Not Provided Third Negotiation
Preference
The ranking was based on the following: the consultant's experience, the capacity to perform the work,
the quality of the project team, the grasp of the project requirements, responsiveness to the scope ofwork,
the quality and clarity of the proposal, familiarity with the local area and the cost proposal.
Although the cost proposal from Hirsch & Company is higher than the other consulting firms, the
committee determined Hirsch & Company demonstrated a more realistic understanding of the project
requirements and demands. Their hourly rates were comparable to the other firms, and the difference was
evident in the amount of effort required to accomplish the tasks defined in the Scope of Work for the
project. It should be noted that the committee had thoroughly reviewed all of the proposals and
determined that Hirsch & Company had a better understanding of the Scope of Work anticipated by the
City than the other consultants. Hirsch's proposed deliverable was more in line with the City's needs, in
terms of software requirements and compatibility with the City's Geographical Information System (GIS).
Also, Hirsch & Company demonstrated greater experience specific to this type of project. Hirsch &
Company proposed to deliver a more turnkey product to the City that will serve the City's needs
immediately, with minimal, if any transition. Therefore, it was committee's belief that Hirsch &
Company's fee proposal was justified.
The terms of this contract are on an hourly rate with a not-to-exceed limit of $555,400. It is the
committee's belief that anyone of these firms will spend approximately the same number of base hours to
complete this project. Therefore, based on their greater experience and their grasp of the issues in
conjunction with the fee proposal, it was the committee's opinion that despite the difference in the
proposal amounts, Hirsch & Company was still the fIrst negotiation preference. At this time, staff is
recommending the approval of an agreement with Hirsch & Company for said scope of work.
ENVIRONMENTAL
The Environmental Review Coordinator has reviewed the proposed project for compliance with the
California Environmental Quality Act and has determined that the project qualifies for a Class 6
categorical exemption pursuant to Section 15306 of the State CEQA Guidelines. Thus, no further
environmental review is necessary.
12-3
Page 4, Item Q
Meeting Date 03/22/2005
ENVIRONMENT AL
The Environmental Review Coordinator has reviewed the proposed project for compliance with the
California Environmental Quality Act and has detennined that the project qualifies for a Class 6
categorical exemption pursuant to Section 15306 of the State CEQA Guidelines. Thus, no further
environmental review is necessary.
CIP ESTABLISHMENT
The City's Corrugated Metal Pipe (CMP) rehabilitation program was budgeted for in the FY 2004/2005
budget process and is part of the Western Chula Vista Infrastructure Financing Program whereby
$3,000,000 was designated for CMP RehabilitationlReplacement. Staff is recommending the
establishment of a new capital improvement project specific to providing professional engineering
services for closed-circuit televising (CCTV) inspections and condition assessments ofthe City's CMP
pipelines and associated improvements as Phase I of the CMP rehabilitation program. The approval of
the resolution will authorize the transfer of existing funds in the amount of$565,000 from CIP GG-188
"Western Chula Vista Infrastructure" to DR-164 for said purpose. Staff will return to Council at a later
date to transfer additional funds for those areas identified, in priority order, for rehabilitation/replacement
as future phases of the CMP rehabilitation program.
FISCAL IMPACT:
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount (Hirsch & Company) $504,898
B. Contingency (10%) $50,490
C. Estimated Staff Costs 60,112
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $615,500
FUNDS AVAILABLE FOR CONSTRUCTION
A. Transfer of existing funds in GG 188 $615,500
TOT AL FUNDS AVAILABLE FOR CONSTRUCTION $615,500
There is no impact on the General Fund as the funds for these improvements have been provided for as
part ofthe Western Chula Vista Infrastructure Financing Program. It is Staffs beliefthat the preparatory
work to be undertaken in this project and the ultimate CMP ReconstructionlRehabilitation will have a
positive impact on the general fund by eliminating those sections ofCMP that require the most attention
from an on-going maintenance perspective. Approval oftonight's resolution will approve an agreement
with Hirsch & Company for above mentioned scope of work and authorize the transfer of existing funds
in the amount of$565,000 from CIP GG-188 "Western Chula Vista Infrastructure" to establish a capital
improvement project for the closed-circuit televising work to be done, entitled "04/05 Corrugated Metal
Pipe (CMP) Rehabilitation Program Phase I, CCTV", (CIP DR -164) including associated proj ect costs.
Attachment: Agreement between City of Chula Vista and Hirsch & Company
File0735-10-DRIM (Rev. March 17,2005 (3:55PM»)
M:\Genera1 Services\GS Administration\Council Agenda\DRIM CCVT CMP Rehab Program Phase rAI 13 Hirsch CCTV for CMP Final Draftl.doc
.,f
RESOLUTION NO.2005--
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENT WITH HIRSCH &
COMPANY, TO PROVIDE PROFESSIONAL ENGINEERING
SERVICES FOR CLOSE-CIRCUIT TELEVISING (CCTV)
INSPECTIONS AND CONDITION ASSESSMENTS,
REHABILITATION RECOMMENDATIONS AND
PRIORITIZATION OF THE CITY'S CMP PIPELINES AND
ASSOCIATED IMPROVEMENTS FOR THE CITY OF CHULA
VISTA AND AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT ON BEHALF OF THE CITY
WHEREAS, approximately 88,000 lineal feet of corrugated metal pipe (CMP) currently
exists within the limits of the City of Chula Vista. The pipe segments are located throughout the
City within right-of-way, easements, private property and/or undeveloped areas and are currently
being used to convey storm water runoff; and
WHEREAS, the City is in need of a qualified consultant to survey, inspect, and assess the
current condition ofthese pipes, as well as to provide recommendations on their rehabilitation and a
prioritization of this rehabilitation; and
. WHEREAS, staff prepared and issued a Request for Proposals (RFP) in November 2004, and
on December 17, 2004, the City received a total of four (4) proposals from six (4) consultants; and
WHEREAS, upon the conclusion of the consultant interviews and deliberations by the
consultant selection committee, the committee ranked the consultants as indicated on the following
table; and.
Consultant CMP CCTV Inspection & Condition Consultant
Assessment Proposal Amount Ranking
Hirsch & Company $504,898 First Negotiation
Preference
Second
PBS&J $368,387 Negotiation
Preference
DMR Team Total Not Provided Third Negotiation
Preference
WHEREAS, although the cost proposal from Hirsch & Company is higher than the other
consulting firms, the selection committee determined Hirsch & Company demonstrated a more
realistic understanding of the project requirements and demands in that Hirsch's proposed
deliverable was more in line with the City's needs, in terms of software requirements and
compatibility with the City's Geographical Information System (GIS). Also, Hirsch & Company
demonstrated greater experience specific to this type of proj ect. Hirsch & Company proposed to
deliver a more turn key product to the City that:will serve the City's needs immediately, with
12-5
minimal, if any transition. Therefore, it was selection committee's belief that Hirsch & Company's
fee proposal was justified; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act and has dete=ined that the project
qualifies for a Class 6 categorical exemption pursuant to Section 15306 of the State CEQA
Guidelines. Thus, no further environmental review is necessary.
NOW, THEREFORE, BE IT RESOLVED the City Council ofthe City ofChula Vista does
hereby approve the Agreement with Hirsch & Company, to provide professional engineering services
for closed-circuit televising (CCTV), inspections, and condition assessments, rehabilitation
recommendations, and rehabilitation prioritizing of the City's CMP pipelines and associated
improvements for the City of Chula Vista and authorizes the Mayor to execute said Agreement on
behalf ofthe City.
Presented by
Approved as to fo= by
/ ~/,~ .rad-
A¡9Íí.Moore
City Attorney
Jack Griffin
Director of General Services
j,Attomey\ResolAgceement\Hi,'sch & Company
12-6
RESOLUTION NO. 2005--
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ESTABLISHING A CAPITAL IMPROVEMENT
PROJECT ENTITLED "04/05 CORRUGATED METAL PIPE
(CMP) REHABILITATION PROGRAM PHASE I, CCTV", (CIP
DR-I64), AND TRANSFERRING EXISING FUNDS FROM CIP
"WESTERN CHULA VISTA INFRASTRUCTURE" (GG-188) TO
DR-l64 FOR SAID PURPOSE
WHEREAS, approximately 88,000 lineal feet of corrugated metal pipe (CMP) currently
exists within the limits of the City of Chula Vista. The pipe segments are located throughout the
City within right-of-way, easements, private property and/or undeveloped areas and are currently
being used to convey storm water runoff; and
WHEREAS, the City is in need of a qualified consultant to survey, inspect, and assess the
current condition of these pipes, as well as to provide recommendations on their rehabilitation
and a prioritization of this rehabilitation; and
WHEREAS, the City's Corrugated Metal Pipe (CMP) rehabilitation program was
budgeted for in the FY 2004/2005 budget process and is part of the Western Chula Vista
Infiastructure Financing Program which designated $3,000,000 for CMP
RehabilitationlReplacement; and
WHEREAS, staff is recommending the establishment of a new capital improvement
project specific to providing professional engineering services for closed-circuit televising
(CCTV) inspections and condition assessments of the City's CMP pipelines and associated
improvements as Phase I of the CMP rehabilitation program; and
WHEREAS, the approval of the resolution will authorize the transfer of existing funds in
the amount of $565,000 fiom CIP GG-188 "Western Chula Vista Infiastructure" to DR-l64 for
said purpose. Staff will return to Council at a later date to transfer additional funds for those
areas identified, in priority order, for rehabilitation/replacement as future phases of the CMP
rehabilitation program.
NOW, THEREFORE, BE IT RESOLVED that the City Council of City of Chula Vista
does hereby approve establishing a capital improvement project for the closed-circuit televising
work, entitled "04/05 Coffilgated Metal Pipe (CMP) Rehabilitation Program Phase I, CCTV",
(CIP DR-1M), and transferring existing funds from C1P "Western Chura Vista Infrastructure"
(GG-188) to DR-1M for said purpose.
Presented by
Approved as to form by
12~^ j~~
Þiáh Moore
City Attorney
Jack Griffin
Director of General Services
bttomeylResoltinancelCCTV !ra",roc
12-7
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
(2 ¡~ r ~r:
~ Ann Moore -------
CIty Attorney
Dated: :5 ' I to . ð s---
Agreement with Hirsch & Company to provide
Professional engineering services for close-circuit televising
Inspections and condition assessments, rehabilitation recommendations
And prioritization of the City's CMP pipelines and associated
Improvements for the City ofChula Vista
12-8
Agreement between
City of Chula Vista
And
Hirsch & Company
For the Provision of CCTV Inspection and
Condition Assessment of
CMP Storm Drain Pipe
This agreement ("Agreement"), dated for the purposes of reference only, and
effective as of the date last executed unless another date is. otherwise specified in Exhibit A,
Paragraph 1 is between the City of Chula Vista as 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 HIRSCH & COMPANY, whose business 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, approximately 88,000 lineal feet of corrugated metal pipe (CMP) currently
exists within the limits of the City ofChula Vista, and;
WHEREAS, the City is in need of a qualified consultant to survey, inspect, and assess the
current condition ofthese pipes, as well as to provide recommendations on their rehabilitation and a
prioritization of said rehabilitation, and;
WHEREAS, on November 12, 2004, the City of Chula Vista's Engineering Division
advertised the Request for Proposal (RFP) to provide consultant services necessary to deliver a
prioritized CMP rehabilitation program, and;
WHEREAS, on December 17, 2004, the City of Chula Vista received four (4) proposals
from four (4) consultants to provide consultant services necessary to deliver this prioritized CMP
rehabilitation program, and;
WHEREAS, after the Selection Committee appointed by the City Manager completed their
review of the proposals and interviewed three (3) ofthe four (4) consultant firms that were invited,
the Committee selected HIRSCH & COMPANY as the Consultant to provide services necessary to
deliver a prioritized CMP rehabilitation program, and;
WHEREAS, the Consultant warrants and represents that they are experienced and staffed in
a manner such that they are and can prepare and deliver the services required of Consultant to City
within the time frames herein provided all in accordance with the terms and conditions of this
Agreement.
12-9
NOW, THERFORE BE IT RESOLVED, that the City and Consultant do hereby mutually
agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7,
entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties", Consultant shall also
perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and
Schedule", not inconsistent with the General Duties, according to, and within the time frames set
forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A,
Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement.
The General Duties.and the work and deliverables required in the Scope of Work and Schedule shall
be herein referred to as the "Defined Services". Failure to complete the Defmed 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 II (C), unless a separate fixed fee is otherwise agreed upon. All compensation
for Additional Services shall be. paid monthly as billed.
E. Standard of Care
Consultant, in performing any Services under this agreement, whether Defined Services or
Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily
exercised by members of the profession currently practicing under similar conditions and in similar
locations.
2
12-10
F. Insurance
Consultant represents that it and its agents, staff and sub-consultants employed by it in
connection with the Services required to be rendered, are protected agaffist the risk ofloss by the
following insurance coverages, in the following categories, and to the limits specified, policies of
which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall
meet with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in
the amount set forth in the attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business Automobile Insurance coverage
in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each
project away from premises owned or rented by Consultant, which names City as an Additional
Insured, and which is primary to any policy which the City may otherwise carry ("Primary
Coverage"), and which treats the employees of the City 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 ofInsurance.
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
PerfOlmanceBond (indicated by a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance
bond by a surety and in a form and amount satisfactory to the Risk M~ager or City Attorney which
3 .
12-11
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 s pace immediately preceding t he 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
I.
Business License
Consultant agrees to obtain a business license from the City and to otherwise comply with
Title 5 of the Chula Vista Municipal Code.
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing the progress of the
Defined Services and Schedule therein contained, and to provide direction and guidance to achieve
the objectives of this agreement. The City shall permit access to its office facilities, files and records
by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the
information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further
understanding that delay in the provision of these materials beyond 30 days after authorization to
proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this
agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant submitted to the City
periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly,
on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for
4
12-12
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 AdmiIÙstrators") indicated on Exhibit A,
Paragraph 13, as said party's contract admiIÙstrator who is authorized by said party to represent them
in the routine admiIÙstration of this agreement.
4. Term.
This Agreement shall terminate when the Parties have complied with all executory provisions
hereof.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A,
Paragraph 14.
It is acknowledged by both parties that time is of the essence in the completion of this
Agreement. It is difficult to estimate the amount of damages resulting from delay in performance.
The parties have used their judgment to arrive at a reasonable amount to compensate for delay.
Failure to complete the Defined Services within the allotted time period specified in this
Agreement shall result in the following penalty; For each consecutive calendar day in excess of the
time specified for the completion of the respective work assignment or Deliverable, the consultant
shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate
provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate").
Time extensions for delays beyond the consultant's control, other than delays caused by the
City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the
expiration of the specified time. Extensions oftime, 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.
5 .
12-13
6. Financial Interests of Consultant
A. Consnltant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is
deemed to be a "Consultant" for the purposes of the Political Refonn Act conflict of interest and
disclosure provisions, and shall report 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 detennined 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 i n any way a ttempt to u se Consultant's position t 0 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 wanants and
represents that Consultant has diligently conducted a search and inventory of Consultant's economic
interests, as t he t enn i s u sed in the regulations promulgated by t he Fair Political Practices
Commission, and has detennined that Consultant does not, to the best of Consultant's knowledge,
have an economic interest which would conflict with Consultant's duties under this agreement.
D. Promise Not to Acqnire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further wanants
and represents that Consultant will not acquire, obtain, or assume an economic interest during the
tenn of this Agreement which would constitute a conflict of interest as prohibited by the Fair
Political Practices Act.
E. Dnty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further wanants
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
Defrned Services, or in any property within 2 radial miles ITom the exterior boundaries of any
6
12-14
property which may be the subject matter of the Defined Services, (nProhibitedInterestn), other than
as listed in Exhibit A, Paragraph 15.
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to Consultant or
Consultant Associates in connection with Consultant's perfonnance of this Agreement. Consultant
promises to advise City of any such promise that may be made during the Tenn of this Agreement, or
for 12 months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest
within the Tenn of this Agreement, or for 12 months after the expiration of this Agreement, except
with the written pennission 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
7.1
Indemnification and Hold Harmless Agreement.
With respect to any liability, including but not limited to claims asserted or costs, losses,
attorney fees, or payments for injury to any person or property caused or claimed to be caused by the
acts or omissions of the Consultant, or Consultant's employees, agents, and officers, arising out of
any services perfonned involving this project, except liability for Professional Services covered
under Section X.2, the Consultant agrees to defend, indemnify, protect, and hold harmless the City,
its agents, officers, or employees ITorn and against all liability. Also covered is liability arising ftom,
connected with, caused by, or claimed to be caused by the active or passive negligent acts or
omissions ofthe City, its agents, officers, or employees which may be in combination with the active
or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any
third party. The Consultant's duty to indemnify, protect and hold harmless shall not include any
claims or liabilities arising ITom the sole negligence or sole willful misconduct of the City, its agents,
officers or employees. This section in no way alters, affects or modifies the Consultant's obligation
and duties under Section Exhibit A to this Agreement. .
7.2
Indemnification for Professional Services.
As to the Consultant's professional obligation, work or services involving this Project, the
Consultant agrees to indemnifY, defend and hold harmless the City, its agents, officers and
employees from and against any and all liability, claims, costs, and damages, including but not
limited to, attorneys fees, losses or payments forinjury to any person or property, caused directly or
indirectly from the negligent acts, errors or omissions of the Consultant or Consultant's employees,
agents or officers; provided, however, that the Consultant's duty to indemnify shall not include any
claims or liability arising ITom the negligence or willful misconduct of the City, its agents, officers
and employees.
7 .
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8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants,
agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement
by giving written notice to Consultant of such termination and specifYing the effective date thereof at
least five (5) days before the effective date of such termination. In that event, all finished or
unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared
by Consultant shall, at the option of the City, become the property of the City, and Consultant shall
be entitled to receive just and equitable compensation for any work 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 ofthis 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 ofthe City, become City's
sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph,
Consultant shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents and other materials to the effective date of such termination.
Consultant hereby expressly waives any and all claims for damages or compensation arising under
this Agreement except as set forth herein.
11. Assignability
The services of Consultant are personal to the City, and Consultant shall not assign any
interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or
novation), without prior written consent of City.
City hereby consents to the assignment ofthe portions of the Defined Services identified in
Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants".
8
12-16
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems
and any other materials or properties produced Imderthis Agreement shall be the sole and exclusive
property of City. No such materials or properties produced in whole or in part under this Agreement
shall be subject to private use, copyrights or patent rights by Consultant in the United States orin any
other country without the express written consent of City. City shall have lUITestricted authority to
publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute,
and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics,
forms or other materials or properties produced Imder this Agreement.
13. Independent Contractor
City is interested only in the results obtained and Consultant shall perform as an independent
contractor with sole control of the manner and means of performing the services required under this
Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant
and any of the Consultant's agents, employees or representatives are, for all purposes under this
Agreement, an independent contractor and shall not be deemed to be an employee of City, and none
of them shall be entitled to any benefits to which City employees are entitled including but not
limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave
benefits. Therefore, City will not withhold state or federal income tax, social security tax or any
other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold
the City harmless with regard thereto.
14. Administrative Claims Requirements aud Procedures
No suit or arbitration shall be brought arising out ofthis 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 ITom 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 overthe terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing
party shall be entitled to ajudgment against the other for an amount equal to reasonable attorney's
fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded
substantially the relief sought.
9 .
12-17
16. Statement of Costs
In the event that Consultant prepares a report or document, or participates in the preparation
of a report or document in perfonning the Defined 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 pennitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served or deposited in the United States
mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested,
at the addresses identified herein as the places of business for each of the designated parties.
D. Entire Agreement
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 trom its principal to enter into this Agreement, and that all
resolutions or other actions have been taken so as to enable it to enter into this Agreement.
10
12-18
F. Governing LawNenue
This Agreement shall be governed by and construed in accordance with the laws of the State of
California. Any action arising under or relating to this Agreement shall be brought only in the
federal or state courts located in San Diego County, State of California, and if applicable, the
City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and perfonnance
hereunder, shall be the City of Chula Vista.
A
A
A
11 :
12-19
03/16/2005 16:56 FAX 16193976250
03/17/2005 0%:55 FAX 858 565 4541
CITY OF CY
HIRSCH & COMPANY
~ ATTORNEY
~002
~002
Sigoature Page
To
Agreeme..t Between
The City of Chura Vista aDd
JlIRSCH" COMPANY
For the proví$;(In of the ProvisioD of ccrv IDSpectioD and
Conditio" Asse..meut of CMP Storm Drain Pipe
IT WITNESS WHEREOF, City and Consulliurt have executed this Agreement
thereby in<ticating that they have read and understood same, and indicate their fun and complete
("",nsent to its tenus:
Dated:
Dated;;¡J,.,¿ ~ '1nC
City ofChula Vi9ta
By
Stephen C. Padi1la, Mayor
HIRSCH & COMPANY
BY:~--
. ~: John, P.E., Pres¡de~'l' 0 .
t/ ¡i/.¡dfÍYP~ P.tIAC:.,... {/~~
Attest:
Susan Bigelow, City Clod;:
Approved as to form:
Ann Moore, City Attorney
Exhibit List to Agreement
(X) Exhibit A
12
12-20
Exhibit A
To
Agreement between
City of Chula Vista
And
ffiRSCH & 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 fonn]
("City")
3.
Place of Busiuess for City:
City ofChula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4.
Consultant:
HIRSCH & COMPANY
5.
Business Form of Consultant:
() Sole Proprietorship
() Partnership
(X) Corporation
6.
Place of Business, Telephone and Fax Number of Consultant:
4499 Ruffin Road, Suite 300
San Diego, CA 92123
Voice Phone (858) 565-4545
Fax Phone (858) 565-4541
13:
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7.
General Duties:
The general duties for the consultant are to provide Closed-Circuit Television (CCTV)
inspection and condition assessment of the City's existing Corrugated Metal Pipe (CMP)
stonn drain system and to develop a prioritized Rehabilitation Plan for said system to the
satisfaction of the City's Director of Public Works. All the engineering services shall be
completed in accordance with this agreement as described in Paragraph 8, Scope of Work
and Schedule.
8.
Scope of Work and Schedule:
8.1 City Management Support
Provide management and technical support to the CITY for the duration of the work.
This includes the following activities:
a. Progress Meetings
Prepare the meeting agenda and attend one (I) project status meeting biweekly
with the CITY personnel in CITY offices.
Prepare and submit five (5) days in advance of the meeting, a status report. This
status report shall include an updated proj ect schedule (See Section 8.1 b),
summary of work completed, status of deliverables, and the status of any
outstanding work.
0 Provide technical representation at the meeting to respond to questions on the
key issues.
0 Provide meeting minutes to the CITY within five (5) working days of the
meeting.
0 Typical meeting attendees will include:
CONSULTANT's Project Manager
City staff members
One Televising consultant representative
0 Meeting topics will include:
. Review previous meeting minutes
. Progress of work
Monthly and cumulative total of miles inspected
Monthly cumulative total of miles submitted to the City
Monthly cumulative total of segments not inspected and why
14.
12-22
. Budget
Schedule for work including a one (1) month look ahead
. Deliverable status
Submitted deliverables
Scheduled deliverables
. Project issues including recommended solutions
Traffic control plan preparation and permitting
Access difficulties and problems
Access point right of entry coordination
Public information
Resolution of previous problems
Locations of cleaning and televising difficulties, and proposed
corrective actions
Red Flag Notifications
Cleaning recommendation and resolutions
D Coordination with others
D Each meeting will be limited to two (2) hours in length. A total of sixteen
(16) project meetings will be held during the project.
DELIVERABLES
0 Meeting agenda (five [5] copies)
0 Meeting minutes (five [5] copies)
0 Status reports (five [5] copies)
b. Project Schedule
The CONSULTANT shall divide each Task Order into smaller Deliverable Areas
in such a manner that submittals (See Section 8.13) can be made at a minimum
rate of two (2) each month. Prepare and maintain a project specific schedule
organized by Task Order. The schedule shaU include work items for each
Deliverable Area with a schedule of deliverables. The CONSULTANT shaU
coordinate the development of the schedule with the CITY to ensure the schedule
is compatible with on-going replacement and rehabilitation program
development. The initial schedule (Base Schedule) shaU be submitted one (I)
week after each Task Order's Notice to Proceed. The schedule shaU be updated
montlùy and be provided with the status report (See Section 1.1). All
deliverables shall be submitted to the City to the satisfaction of the City Contract
15 .
12-23
Administrator (See Section 13) by the 240" calendar day following the Notice to
Proceed, unless the City Contract Administrator agrees otherwise.
DELIVERABLES
0 Base Schedule (three [3] copies)
0 Schedule Updates (three [3] copies)
8.2 Project Management
a. Project Management Report
Prepare a Project Management Report, to be submitted two weeks after the initial
NTP. This report shall detail the project management process, order of
operations, procedures, quality control, anticipated production rates, and
resources required to complete the project within the project schedule.
DELIVERABLES
0 Project Management Report (three [3] copies).
b. Project Management
Provide oversight and management in accordance with the approved Project
Management Report (See Section 8.2a).
The CITY shall provide the CONSULTANT with all C.M.P. storm drain pipes
and access points to be inspected via electronic GIS files, in Arc View shape file
format. These shape files will contain attribute data including a unique Facility
Sequence Number for each access point and C.M.P. storm drain pipe (INLETID
and sd_id, respectively). The CONSULTANT will use these as a reference and
orthophotography to produce all necessary detailed maps required for the work of
this project. Pipelines in paved Right of Way and easement areas can be
determined on the maps. The CITY shall provide the pipeline diameter, if
known. The CONSULTANT shall use the data provided to perform data entry
into the Flexidata Reporting System Version 1.3 by Pearpoint, Inc.
Exhibit "B" and Exhibit" C" contain t he Arc View shape file attribute
information for each of the C.M.P. storm drain pipes and access points to be
televised and inspected. Only the C.M.P. pipes and access points within City
right-of-way, easements and private property will be televised and inspected as
part of this project. All C.M.P. pipes and access points within State right-of-way
16 :
12-24
incorporated with the Exhibits will not be included as part of this project.
8.3 Reconnaissance
The CONSULTANT shall use GIS map infonnation (See Section 8.2b) to locate
pipeline access points, outlets and junction structures in advance ofCCTV crews, The
CONSULTANT shall go to each access point/junction structure site, and accomplish
the following:
0 Access points, inlets, outfalls, and/or junction structures shall be located and
verified for location, easement accessibility, potential problems and traffic
control requirements,
0 Identify the stonn drain access points, inlets, outfalls, and/or junction structures
that are located on private property. The CONSULTANT shall prepare a list of
property addresses to which the CONSULTANT will require access to complete
the contract work. The list shall include a schedule of work anticipated on the
property and who will likely be contacting the occupant for access,
0 Identify access point covers that are the locked down or bolt down type requiring
special toolslkeys for removal and coordinate with the CITY Project Manager for
opening and/or issuance of required keys and tools, Upon request, the CITY
shall provide access codes, keys and tools, up to a total of two (2) keys or tools
of each type,
0 Prepare a list of access points that are 'Not Found'. The CONSULTANT shall
provide this list to coordinate initial access point locating efforts with the CITY
Project Manager/City Crews.
0 Maintain a log of reconnaissance activities including documentation of findings,
and dates on which the reconnaissance was perfonned for each area,
DELIVERABLES
0 List of property addresses requiring access to complete work -at least one (I)
month prior to first CONSULTANT contact (one [I] electronic copy and three
[3] hardcopies)
0 List of 'Not Found' access points for each area or once every 2 weeks (one [1]
electronic copy)
0 Reconnaissance Log (Upon Request)
17 "
12-25
8.4 Public Notification
Upon receipt of the list of property addresses (See Section 8.3), the CITY will prepare
and issue the initial notification to occupants, requesting access, describing the
intended work, the window of completion, and a description of who will likely be
contacting them to arrange allowed access. Additionally, a CITY staff telephone
number will be included in the event the occupants have questions.
The CONSULTANT shall coordinate all remaining contact with private property
occupants. Before entering any private property, the CONSULTANT shall rust obtain
approval of the property owner to access property, followed by notification to those
impacted by the contract work, a minimum of 72 hours in advance.
When a driveway or pedestrian access is to be closed, the CONSULTANT shall notify
the property owner and tenants a minimum of three (3) working days prior to closure,
and shall explain to the owner/occupant when the closure is to start and how long the
work will take.
Notification methods may include direct mail. All methods of notification must be
submitted and approved by the CITY prior to use.
A doorknob infonnation flier shall be left by the Consultant at locations where contact
with the owner/resident was not accomplished. After a doorknob infonnation flier has
been left with no response, the CONSULTANT shall coordinate further notification
attempts with the CITY, via the City Project Manager.
The CONSULTANT shall not enter private property without prior contact with the
owner/resident.
DELIVERABLES
0 Sample notifications for CITY approval (three [3] copies)
8.5 Traffic Control Services
a. Traffic Control Plans & Permits
The CONSULTANT shall prepare site-specific traffic control plans for all work
within the street right of way and obtain traffic control pennits from the CITY's
Traffic section.
The CONSULTANT shall allow a minimum of two (2) working days from the
approval of the traffic control pennit prior to starting work and five (5) working
days when the work will affect an existing traffic signal or bus stop, or will
18
12-26
require a road or alley closure.
For contract work within the Caltrans right-of-way, the CONSULTANT shall
prepare site-specific traffic control plans, and obtain traffic control pemúts ITom
Caltrans.
The CONSULTANT is responsible for all Traffic Control Plan Permit Fees for
jurisdictions other than the City of Chula Vista, and shall invoice these fees as a
reimbursable item.
DELIVERABLES
0 Approved Traffic Control Plans (upon request)
b. Traffic Control
With the exception of Reconnaissance, the CONSULTANT shall provide Traffic
Control for all contract work on streets, in accordance with the traffic control
plans and permits requirements (See Section 8.5a). The CONSULTANT shall
furnish, install, and maintain the traffic control devices as shown on the plans and
pemúts, and additional traffic control devices as may be required to ensure the
safe movement of vehicles and pedestrians, and to provide for the safety of the
workers.
Assuming access to private property has been granted by property owner, said
access shall be maintained to the greatest extent practicable. The
CONSULTANT shall minimize the time period that driveways will be closed,
and shall minimize inconvenience to. the driveway users. Impacted parties shall
be notified prior to the work (See Section 8Aa).
8.6 Land Surveying Services
a. Access Point Locating
After CITY approval ofthe list of 'Not Found' access points (See Section 8.3),
the CONSULTANT will be authorized to proceed with further access point
locating measures. The City Project Manager may request for the
CONSULTANT to coordinate access point locating efforts with CITY crews.
Upon authorization, the CONSULTANT shall research and use As-Built
information to locate the access point. If the access point cannot be located with
the As-Built information or the information is unavailable the CONSULTANT
shall schedule a land survey to accurately mark the access point location as
indicated by the As-Built information or the GIS shape file (See Section 8.2b). If
the access point still cannot be located, the CONSULTANT shall utilize a
19
12-27
magnetic locator (metal detector) in the area to find the access point cover.
Once located, the CONSULTANT shall notify the CITY to expose any buried or
paved-over access points. The CONSULTANT may be directed to expose the
access points and raise it to grade, or CITY forces may expose the access points
for the CONSULTANT to continue the contract work. A budget allowance shall
be included in this section to cover locating and raising access points.
The CONSULTANT is responsible to plan and schedule work so that where
access points need to be uncovered, other pipelines can be televised, avoiding
delays. The CONSULTANT may elect to televise the pipeline by accessing
upstream access points and televising through the covered access point. The
location of the covered access point shall be noted in the televising notes, and
inspected as required.
DELIVERABLES
0 List of buried or paved-over access points with location notes.
8.7 Access Point Inspections
The CONSULTANT shall provide access point inspection services for the access
points assigned in the shape file (See Section 8.2b). In general, the services provided
shall provide sufficient infonnation to detennine the conditìon of all aspects of the
access point structures. These services shall include access point condition assessment,
and all features as described below:
0 The DVD video shall include views of the access point frame and cover, riser,
cone, wall, bench and joints between pipe and access point structure. Make this
infonnation clearly visible on the film. The narrative shall describe the condition
of the access point. The CONSULTANT shall physically examine each access
point to verify the condition observed on the video. The data collected and
reported for the access point inspections shall be in a fonnat created by the
CONSULTANT and approved by the CITY.
0 The DVD video shall clearly show the condition ofthe frame and cover(s), the
condition of the walls and if the access point is lined or coated. Include the
extent of any erosion or corrosion ofthe walls. The camera shall be lowered to
the bottom of the access point for clear video footage ofthe base of the access
point. The video shall clearly show the condition of the base shelf, and erosion,
if any, of the invert. The narration and video shall indicate the pipe material
(PVC, concrete, etc.) for each connecting lateral. Digital pictures in .JPG shall
also be included in the inspection report for each access point showing all defects
and sections of the access point previously described.
20
12-28
0 General comments on the access point inspection shall include:
. Potential cleaning needs, i.e. presence of root growth, silt, rocks, grease, or
debris.
Substantial access point damage that may interfere with cleaning and full
inspection activities.
. Flow rates and the potential need to schedule additional work during low
flow conditions.
. Additional data that will be needed to prepare for and facilitate the future
cleaning and CCTV televising inspection of the pipelines.
The DVD video will be captured and compressed so as to reduce file size as much as
possible while still providing a smooth, clear video. The video shall be at 30 frames per
second. The compression shall be in .mpg digital formllt.
The compression shall not significantly degrade the still frame quality of the DVD
video or audio signal from the original source video, as judged in a side-by-side
viewing under normal viewing conditions.
The data from the access point inspections shall be stored and reported in a format
approved by the CITY and in accordance with the assigned Facility Sequence Number.
The CONSULTANT shall maintain a log of a ccess point inspection activities,
including dates and times of the inspections, depth from finished grade, and any
information that relates to the other contract work such as if the access point is
inaccessible for the CCTV equipment.
DELIVERABLES
0 Access point inspection log (Upon request)
0 Access point inspection report in digital and hard copy format (One copy each)
0 Video in accordance with Section 8.13.
0 DVD video and .mpg digital format ofCCTV inspection.
8.8 CCTV Inspections of CMP Storm Drain Pipe
a. CCTVInspection
The CONSULTANT shall provide an internal inspection of all pipelines assigned
in the GIS shape file (See Section 8.2b). The CONSULTANT shall maintain a
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log of all CCTV inspection activities including time and date of site work.
The CCTV equipment shall include television camera, television monitor, cables,
power source, lighting and other equipment necessary for the televising
operation. All equipment inserted into a C.M.P. stonn drain line shall be of a
type and design, which provides protection !Tom hazards arising !Tom the
combustibility and flammability of vapors, liquids, gases, dusts or fibers. Safety
requirements for all equipment or devices which will be in the c.M.P. stonn
drain lines (Confined Space) shall comply with all existing CAL OSHA or City
of Chula Vista safety requirements (which ever is most stringent).
If required, CCTV inspection shall be perfonned after the pipelines have been
lightly cleaned for a camera to get thru and a clear, definitive picture of the
interior of the pipe can be obtained (See Section 8.9).
During the inspection, if a camera will not pass through the entire pipeline
section, the CONSULTANT shall reset the equipment at the other access point
and attempt to inspect the section of the pipe ITom the opposite direction.
Inspection logs for this reach shall include an identification of the nature and
location of the blockage.
If flow in the pipe obscures the camera view, the CCTV inspection must be re-
attempted in such a way as to prevent this to the greatest extent possible, whether
by utilizing other specialized camera equipment with lift up and down capability,
floating cameras, or televising at a low flow period so as to provide a clear
unobstructed view of all parts of the pipe at all times. Exempted are short
duration immersions of the camera due to pipe sags or other structural defects
beyond the control of the CONSULTANT.
The camera equipment shall provide the required view without submergence of
the camera lens. Inspections shall be scheduled for low flow periods as required
so that the entire circumference of the C.M.P. pipes can be televised and
inspected.
The cameras shall be capable of obtaining a clear, un-submerged view of 100%
of the pipeline.
The color television cameras used for inspection shall be specifically designed
and constructed to televise C.M.P. stonn drain pipes, and provide a clear, noise
free image. It shall include a footage counter, accurate to 0.1 feet. The cameras
shall have a rotary head with rotational, pan and tilt movement in order to allow a
full circumferential inspection and observe all portions of the pipeline. It shall
have a high-resolution lens capable of spanning 360 degrees circumference and
270 degrees on a horizontal axis to televise pipelines. Optical focal distance shall
be adjustable through a range of I" to infinity. The camera source image capture
22
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shall provide an image with a minimum resolution of 320 x 240 pixels capture.
The cameras shall be operative while submerged.
The CONSULTANT shall have available, and use as required, push cameras for
small or obstructed lines, and large diameter pipe cameras that are capable of
traversing a reasonable amount of accumulated grit, grease, slime and debris in
order to televise without cleaning the storm drain lines. This shall include
specialized wheeled and articulating equipment with superior accessing capability
compared to conventional tracked equipment. It shall include the ability to raise
and lower the camera on the tractor as required for clearing debris or varying
water levels caused by debris.
CCTV equipment and appurtenant equipment for televising pipelines shall be
hand carried into canyon and open space areas where necessary. Hand carry
equipment shall be designed for disassembly as required in order that it can be
hand carried by the CCTV crew to the access point locations with minimal
environmental impact. Electrical power for the CCTV equipment shall be
supplied by small hand carried generator units with a decibel rating of less than
60 dB. These units shall be designed for quiet and spark free engine exhaust
operation. .
Where necessary, the CONSULTANT shall perform confined space entry into the
access points in order to access a facility for televising. Technicians that are
OSHA certified for confined space entry shall perform any confined space entry,
following all related OSHA guidelines and safety measures, using the proper
safety equipment for the job.
To insure optimum picture quality throughout all conditions encountered during
the televising, lighting intensity and camera focus shall be controllable from the
monitoring station. Lighting for the camera shall reduce relative glare and
camera quality shall be suitable to allow a clear, in-focus picture with accurate
color representation of the entire periphery of the pipe and the pipe joints for all
conditions. Lighting shall be adequate for the diameter, type, texture and interior
color of the pipe being inspected.
The picture at all times shall be free of electrical interference and provide a clear,
stable image of the resolutions specified. Any out of focus video recordings, or
significant portions thereof, shall be cause for rejection of the video recording
and will require re-televising at the CONSULTANT's expense.
The travel speed of the camera shall be uniform. The rate shall be set between 30
feet per minute to 60 feet per minute, depending on pipe conditions. Where the
pipeline has no or minimal apparent defects, the higher speed may be used as
discussed/pre-approved by the CITY. Any means of propelling the camera
through the pipeline that would exceed this rate of speed or produce non-uniform
23
1 2-31
or jerky camera movements will not be acceptable. The camera shall clearly
show all conditions and defects. The purpose of the rotating head camera is to
view all service connections, and to locate all defects, as well as any pipeline
problem conditions. The camera shall be moving through the stonn sewer
section at a unifonn rate, stopping and rotating the camera head at each defect
and service connection to allow adequate evaluation. The CONSULTANT shall
stop for at least 5 to 7 seconds prior to the defect or observation and IS seconds
to properly document the condition of the lateral, size and location, and observed
structural defects such as misalignment, offset joints, protruding lateral taps,
cracked pipe, roots in pipe, roots from laterals, sags in profile, and other pertinent
observations as they are encountered.
The camera will pause as necessary and pan/tilt/rotate to clearly show access
point condition and structural defects from the channel and lower access point
area to the upper access point area as viewable by the camera.
The camera operator shall record all fault conditions and other required
infonnation as a narrative on the DVD video. The narrative shall be sufficiently
free from electrical interference and/or background noise so that the narration is
completely intelligible. The audio shall remain accurate to the original source
voice through the digital video processing. The audio narrative shall describe all
notable defects found including the location in feet from the upstream access
point and a description of each defect.
Camera monitoring/operating equipment shall be located within a temperature-
controlled van.
DELIVERABLES
0 CCTV Inspection Log (Upon Request)
b. CCTV Inspection Codes
The CONSULTANT shall create a set of standards for assessing the condition of
the C.M.P. stonn drain lines inspected. The set of standards primary factor shall
be identifying and quantifying the existing pipeline condition and will be subject
to the approval ofthe CITY. All potential defects shall have a specific weighted
code.
The set of standards shall be weighted in such a way that a rehabilitation priority
list will be created from it by the CONSULTANT and used by the CITY for
implementing the C.M.P. rehabilitation projects.
All CCTV inspectors are to be thoroughly trained in identifying the defects listed
24
12-32
in the set of standards created.
c. CCTV Inspection DVD Video
The CONSULTANT s hall provide a video on D VD media of the C CTV
inspections with a narrative describing the fIndings as detailed below:
0 The DVD video shall include the following opening text: site location,
time/date, and Facility Sequence Number of storm drain line and upstream
and downstream access point Facility Sequence Number (See Section 8.2b).
A voice narrative commenting on the above data shall accompany the text
screens.
0 Continuously displayed on the monitors and recorded on the DVD video shall
be the Facility Sequence Number (See Section 8.2b), the direction of the
survey, the access points associated with the C.M.P. storm drain line, pipe
size, pipe material, identified fault conditions and a continuous read-out of
the camera distance from the starting access point.
0 As observations are made during the CCTV inspection, the applicable codes
observed (See Section 8.2) shall be displayed on the DVD video and the
narrative shall describe the observation.
The DVD video will be captured and compressed so as to reduce file size as
much as possible while still providing a smooth, clear video. The video shall be
at 30 frames per second. The compression shall be in .mpg digital format.
The compression shall not significantly degrade the still frame quality of the
DVD video or audio signal from the original source video, as judged in a side-by-
side viewing under normal viewing conditions.
The CONSULTANT shall provide an initial submittal at the start of televising
work demonstrating the typical DVD video and audio quality to be provided for
approval by the CITY. This submittal shall note any proposed changes to the
specification listed below regarding video format, data processing, compression
or other condition for review and approval by the CITY.
DELIVERABLES
0 Video in accordance with Section 8.13.
0 DVD video and .mpg digital format of CCTV inspection.
25
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d. CCTV Inspection Data
Observations and comments for the CCTV inspections shall also be recorded into
aFlexidata Reporting System byPearpoint, Inc. database record associated with
each DVD video. This information shall include but not be limited to the
following information: pipeline run ITom upstream to downstream access point,
location of defects in feet ITom upstream access point, description of the defect,
.mpg media ofthe televised pipeline, digital still pictures of the defects, and other
pertinent information.
DELNERABLES
0 Reports in accordance with Section 8.13.
8.9
Cleaning of CMP Storm Drain Pipe
For each Deliverable Area (See Section 8.!b), the CONSULTANT shall prepare a list
of storm drain lines recommended for cleaning. These shall be storm drain lines
where televising has been attempted ITom both directions but cannot be completed
without cleaning, or where the view of the pipe was obstructed to the point that
severe structural defects may have been obscured. This list shall include the Facility
Sequence Number (See Section 8.2b), access point numbers, the date that televising
was attempted, and the reason for the cleaning request.
The CITY Project Manager will review the list of proposed cleaning and authorize
the cleaning where appropriate. The CITY Project Manager may require the
CONSULTANT to coordinate cleaning efforts with CITY cleaning crews.
The intent of the contract is to televise without cleaning wherever possible. In
anticipation of encountering accumulated grit, grease, slime and debris, the
CONSULTANT shall have available and use specialized equipment that is capable of
traversing a reasonable amount of such interference so as to proceed without cleaning
the storm drain line.
Authorized cleaning shall be accomplished by the following methods as applicable
for each location: Jow pressure hydraulic cleaning, high velocity hydro cleaning,
and/or mechanical cleaning. The cleaning shall substantially remove all dirt, grease,
rocks and other debris materials.
26
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8.10
If cleaning of any section of stonn drain pipes becomes necessary to facilitate video
survey operations, the CONSULTANT shall be responsible for containment,
collection, transport, and disposal of all sediment, trash, debris, and wash-water
resulting from such cleaning operations. Containment and collection shall be done at
the closest accessible point downstream of the section of pipe being cleaned, such as
the nearest manhole, outfall, etc.
All materials and wash-water captured accordingly shall be hauled in waterproof
tanks or other suitable containers and disposed of according to all federal, state, and
local laws and regulations and at a location approved by the CITY. Any disposal
fees shall be invoiced as a reimbursable expense. The CONSULTANT shall use Best
Management Practices to prevent spills. Any accidental spills shall be cleaned as
soon as possible.
The CONSULTANT shall submit procedures and list of equipment for review and
approval by the City prior to commencing any such operations.
For each cleaning task, the CONSULTANT shall keep a cleaning log. This log shall
include the Facility Sequence Numbers (See Section 8.2b) of the stonn drain lines
that were cleaned, the time and date of the cleaning, the nature of the debris removed,
approximate weight of debris, and documentation of the disposal of the debris.
Submit all cleaning records to Public Works Operations Wastewater Department.
DELIVERABLES
0 Cleaning site recommendation documentation (two [2] copies)
0 Cleaning and disposal log (three [3] copies)
0 Reports in accordance with Section 8.13.
Red Flag Notifications
When emergency conditions are discovered during contract work, the
CONSULTANT shall notify the CITY of emergency repair requirements within 24
hours of discovery. The person conducting the work shall detennine emergency
conditions, such that, in his or her professional judgment, the condition poses the
threat of an imminent problem if remedial action is not taken immediately.
A Red Flag submittal shall include a description of the problem, the Facility
27
12-35
8.11
Sequence Number, the appropriate distance from the access point, still image and/or
the video, etc.
The final logs shall be processed by the CONSULTANT and forwarded to the CITY
no laterthan one (1) week from the date of the discovery.
The CONSULTANT shall maintain a record of all Red Flag Notifications submitted.
DELIVERABLES
0 Red Flag emergency notifications within 24 hours of discovery
0 Monthly Record of Red Flag Submittals
Quality Control
A Quality Assurance/Quality Control ("QAlQC") procedure by the CONSULTANT
shall be developed to ensure high quality results for all contract work. The proposed
QAlQC procedure shall be submitted with the Project Management Report (See
Section 8.2b) and be subject to approval. The QAlQC shall include, but not be
limited to, provisions for the following:
0 Coordination of reconnaissance findings with other contract work.
0 Review of CCTV and access point inspection DVD videos for accuracy and
completeness of observations, video quality, and proper inspection procedures.
0 TrainingofCCTV operators on proper use of the assessment standards and codes
0 Flexidata Reporting System by Pearpoint, Inc. database integrity and
completeness
The CONSULTANT shall keep a log of all QAlQC activities, including review dates
for video files and training activities.
DELIVERABLES
0 QC Review Log (upon request)
28
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8.13
8.12
Condition Assessments
The CONSULTANT's Engineering Staff shall review the findings of the CCTV
inspections and access point inspections. From this review the CONSULT ANT shall
recommend any remediation needed for each pipe segment and access point.
The recommended actions shall be prioritized by the CONSULT ANT in accordance
with criterion agreed upon b y the CITY and CONSULTANT and an overall
rehabilitation list will be created for all of the C.M.P. storm drain lines in the City of
Chula Vista.
Submittals for Deliverable Areas
a. Reports
The CONSULTANT shall compile and organize data from Reconnaissance (See
Section 8.3), Land Surveying Services (See Section 8.6), Access point
Inspections (See Section 8.7), CCTV Inspections of C.M.P. storm drain lines
(See Section 8.8), and Condition Assessment (See Section 8.12) to create a report
for each Deliverable Area (See Section 8.lb). The report shall include a
summary of the work completed, the inspection data prioritization and
recommendations (See Section 8.12) for each pipeline and access point inspected
in the area. All information in the report shall be associated with Facility
Sequence Number (See Task Section 8.2b) of the pipeline and access point
inspected.
The information presented in the reports shall be presented in an orderly manner
with pipeline inspection reports proceeding access point inspection reports forthe
same areas. The pipeline and access point inspection reports shall be organized
by facility number, grouped by Deliverable Area. If a storm drain line is
televised, the reports shall be ordered to follow the flow pattern ITom top to
bottom and shall be determined by the consultant to best present the reports in a
sequential manner as to be able to be analyzed by City of Chula Vista staff.
The consultant shall present a Deliverable Area report for review and approval by
the CITY. All further reports shall follow the format of the approved report
unless otherwise specifically approved by the CITY.
DELIVERABLES
D Draft Sample Report (one [1] copy)
29
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0 Printed Project Report (four [4] for each deliverable area)
0 Overall rehabilitation priority list for all c.M.P. storm drain pipes in the City
ofChula Vista (four [4])
b. Electronic Submittals
0 For each Deliverable Area, the CONSULTANT shall submit the following
data:
. The Project Report (See Section 8.l3a) in Adobe Portable Document
Format (PDF)
Overall rehabilitation priority list for all C.M.P. storm drain pipes in the
City of Chula Vista in digital format.
. Access point inspection data (See Section 8.7) in a format created by the
CONSULTANT and approved by the CITY
CCTV Inspection Data (See Section 8.8d) in Flexidata Reporting System
by Pearpoint, Inc. format
For each Deliverable Area, the CONSULTANT shall submit:
All inspection DVD video with audio, as well as all digital still pictures of
defects (see Sections 8.7, 8.8c, and 8.8d). The video files shall be named in
accordance with the Facility Sequence Number convention and linked to a
database developed by the CONSULTANT (i.e. aside from the Flexidata
Reporting System) that includes all pertinent condition assessment
information. One file shall be provided for each access point-to-access point
pipe segment (or for each access point to access point inspection video).
Electronic Submittals shall be made on a portable USB hard drives. Each
submittal shall be contained in a 'folder' on a hard drive. All data for the
submittal shall be contained in the folder for the submittal. Submittals may not
span two drives. The CONSULTANT shall provide the portable hard drives for
the submittals, including all necessary power cords, transformers, cables and
software. The CITY shall download the data from the portable hard drive and
make it available for pick-up within two weeks of the submittal. No data
submitted shall be deleted from the hard drives. At the completion of the contract
work, or at such time as a hard drive becomes full, the CITY shall retain
possession 00t. At the completion of the contract work all of the electronic data
30
12-38
for the contract work shall be contained on the submitted drives.
DELIVERABLES
0 USB hard drives with electronic data.
0 All deliverables shall have printed labels for identification and storage.
The CITY will be responsible for developing routines and loading the data files
into the appropriate CITY data management system.
8.14
Coordination With Work By Others:
The CONSULTANT shall coordinate with the following work by others, identified
below. The coordination required shall be attendance at one (I) two hour
coordination meeting per month to support the activity and/or contract by others
listed below as follows:
Condition assessment findings, development of recommended capital projects,
and project prioritization. Evaluate the condition assessment findings and
develop recommended capital projects. Replacement or rehabilitation projects
will b e identified and prioritized. The formulation of projects will focus
primarily on structural defects within the collection system. CITY staff will
accomplish this work with support by other Consultants.
EN}) SCOPE OF frO./lK
9.
Insurance Requirements:
(X)
(X)
(X)
(X)
( )
(X)
(X)
Statutory Worker's Compensation Insurance
Employer's Liability Insurance coverage: $1,000,000.
Commercial General Liability Insurance: $1,000,000.
Auto Liability Insurance Coverage: $1,000,000.
Errors and Omissions insurance: None Required (included in Commercial General
Liability coverage).
Errors and Omissions Insurance:
Commercial General Liability coverage).
Liability Additional Insured Endorsement designating, "City of Chula Vista, its
elected and a ppointed officers, agents, employees a nd volunteers". Additional
Insured Endorsement must not exclude Products/Completed Operations Coverage,
and coverage must be equal to that in form CG 2010(11/88) or combination of
$3,000,000.
(not
included
in
31
12-39
CG2010 (10/01) covering Ongoing Operations undCG2037 (10/01) applicable to
Products/Completed Operations.
10.
Materials required to be supplied by City to Consultant:
A. GIS Data, such as:
1. General Coverage
a. City Boundary
b. Parcels
c. General Plan
d. Other available coverages as needed
2. CM? Coverage
a. Pipe limits
b. Pipe sizes, material, and age
c. Manholes
d. Currently available Manhole Invert Elevations
e. Currently available Manhole Rim Elevations
11. Compensation:
A. () Single Fixed Fee Arrangement!
For performance of all ofthe Defined Services by Consultant as herein required,
City shall pay a single fixed fee in the amounts and at the times or milestones or
for the Deliverables set forth below:
Single Fixed Fee Amount:
, payable as follows:
Milestone or Event or Deliverable
Amount or Percent of Fixed Fee
() 1. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a percentage of
completion basis for each given phase such that, at the end of each phase only
the compensation for that phase h as been p aid. A ny payments made
hereunder shall be considered as interest free loans which must be returned to
I. The difference between a single fixed fee amount with pbased payments and a phased fIXed fee amount is that,
in a single fixed fee amount all of the work is required for all of the compensation. Payments are phased to help
with consultant cash flow. ln a phased fixed fee arrangemen~ the City has the authority to cancel or require
perfonnance under subsequent phases, so that the compensation is due just for the phase of work required, and not
for the total amount. 32
12-40
the City if the Phase i s not satisfactorily completed. I f the Phase is
satisfactorily completed, the City shall receive credit against the
compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at
the end of the phase, the full retention has been held back from the
compensation due for that phase. Percentage of completion of a phase shall
be assessed in the sole and unfettered discretion by the Contracts
Administrator designated herein by the City, or such other person as the City
Manager shall designate, but only upon such proof demanded by the City that
has been provided, but in no event shall such interim advance payment be
made unless the Contractor shall have represented in writing that said
percentage of completion of the phase has been perfonned by the Contractor.
The practice of making interim monthly advances shall not convert this
agreement to a time and materials basis of payment.
B. () Phased Fixed Fee Arrangement.
For the perfonnance of each phase or portion of the Defined Services by
Consultant as are separately identified below, City shall pay the fixed fee
associated with each phase of Services, in the amounts and at the times or
milestones or Deliverables set forth. Consultant shall not commence Services
under any Phase, and shall not be entitled to the compensation for a Phase,
unless City shall have issued a notice to proceed to Consultant as to said
Phase.
Phase
Fee for Said Phase
I.
$
2.
$
3.
$
() I. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a percentage of
completion basis for each given phase such that, at the end of each phase
only the compensation for that phase has been paid. Any payments made
hereunder shall be considered as interest free loans which must be returned
to the City if the Phase is not satisfactorily completed. If the Phase is
satisfactorily completed, the City shall receive credit against the
compensation due for that phase. The retention amount or percentage set
forth in-Paragraph 19 is to be applied to each interim payment such that, at
33
12-41
the end of the phase, the full retention has been held back from the
compensation due for that phase. Percentage of completion of a phase
shall be assessed in the sole and unfettered discretion by the Contracts
Administrator designated herein by the City, or such other person as the
City Manager shall designate, but only upon such proof demanded by the
City that has been provided, but in no event shall such interim advance
payment be made unless the Contractor shall have represented in writing
that said percentage of completion of the phase has been perfonned by the
Contractor. The practice of making interim monthly advances shall not
convert this agreement to a time and materials basis of payment.
C. (X) Hourly Rate Arrangement
For perfonnance of the Defined Services by Consultant as herein required,
City shall pay Consultant for the productive hours oftime spent by Consultant
in the perfonnance of said Services, at the rates or amounts set forth in the
Rate Schedule hereinbelow according to the following tenns and conditions:
(I) (X) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant oftime and materials
in excess of said Maximum Compensation amount, Consultant agrees
that Consultant will perfonn all of the Defined Services herein
required of Consultant for $504,900.00 (Five Hundred and Four
Thousand, Nine Hundred Dollars), 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 incuITed 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.
34
12-42
Rate Schedule2
Category of Employee
Principal Engineer/Surveyor
Senior Engineer/Surveyor
Associate Engineer/Surveyor
Assistaot Engineer/Surveyor
GIS Technician
CAD Technician
Field Technician
Clerical
Two-Person Survey Crew
Three-Person Survey Crew
Manhole Inspection
12. Materials Reimbursement Arrangement
Unit Rate
$ 143.00/Hour
$116.00/Hour
$ 95.00/Hour
$ 58.00/Hour
$ 74.00/Hour
$ 64.00/Hour
$ 64.00/Hour
$ 54.00/Hour
$186.00/Hour
$266.00/Hour
$llO.OO/Manhole
Expenses reimbursable by the City will include messenger services and overnight delivery
(actual cost), facsimile (transmission only $0.25 per page); copy ($0.05 per page). However,
such cost shall not exceed the aggregate of$250.00 without further authorization issued in
writing by the City Engineer.
13. Contract Administrators:
City:
Roberto Yano, Civil Engineer
Public Works Center
1800 Maxwell Road
Chula Vista, CA 91911
Telephone: (619) 397-6217
Fax: (619) 397-6250
Consultant:
HIRSCH & COMPANY
4499 Ruffin Road, Suite 300
San Diego, CA 92123
Voice Phone (858) 565-4545
Fax Phone (858) 565-4541
14. Liquidated Damages Rate:
$500.00/Calendar Day
2 This section should be competed in all cases if the main compensation scheme is a "Time and Materials
arrangement" or for the purposes of "Additional Services".
-35-.
12-43
15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of
Interest Code:
( ) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
( ) Category No.1. Investments and sources of income.
( ) Category No.2. Interests in real property.
( ) Category No. 3. Investments, interest in real property and sources of income subject to
the regulatory, permit or licensing authority of the department.
( )
Category No.4. Investments in business entities and sources of income which
engage in land development, construction or the acquisition or
sale of real property.
( )
Category No.5. Investments in business entities and sources of income of the type
which, within the pasttwo 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 ofincome ofthe type
which, within the past two years, have contracted with t he
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
-36-
12-44
17. Permitted Sub consultants:
Affordable Pipeline Services
Downstream Services
LKS & Associates
18. Bill Processing:
A. Consultant's Billing to be submitted for the fonowing period of time:
(X) Monthly
( ) Quarterly
( ) Other:
B. Day of the Period for submission of Consultant's Billing:
(X) First ofthe Month
( ) 15th Day of each Month
( ) End of the Month
( ) Other:
C. City's Account Number: DR-I64
19.
Security for Performance
( ) Performance Bond, $--
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
(X) Retention. If this space is checked, then notwithstanding other provisions to the
contrary requiring the payment of compensation to the Consultant sooner, the City shall
be entitled to retain, at their option, either the fonowing "Retention Percentage" or
"Retention Amount" until the City detennines that the Retention Release Event, listed
below, has occurred:
(X) Retention Percentage: ~
()RetentionAmount: $-
Retention Release Event:
(X) Completion of An Consultant Services to the satisfaction of the Director of Public
Works.
( ) Other:
-37-.
12-45
20.
Deliverables
See Scope of Work (Section 8) for specific deliverables.
-38"
12-46
03/17/2005 17: 06 FAX 16193976250
CITY OF CV
Project Schedule
TASK
Nov
Mapping &
RecOtmaissance
Task Division
Software
Customization
Project Management
R ort
Sample Video Reports
City ReviewlFull NIP
Televising/Authorized
Cleanmg of StOtID
Drains
Quality Control
Deliverable Area
Submittals
-39-
12-47
14!001
Dec
COUNCIL AGENDA STATEMENT
Item No.: \3
Meeting Date: 3L22LDS
Resolution of the City Council of the City of Chula Vista waiving the
formal bidding process and approving a three-party agreement between the
City of Chula Vista; ENVIRON International Corporation, Consultant;
and ACI Sunbow, LLC Applicant, for consulting services related to the
preparation of a health risk assessment, a Phase! environmental site
assessment, a noise analysis, an odor analysis, and a nuisance dust
analysis, associated with the applicant's request for a General Plan
amendment to allow residential land uses on parcels adjacent to the Otay
Landfill that are currently designated for industrial uses.
SUBMITIED BY, D""oc of P- "'" ....~
REVIEWED BY: City Manager~ í>r' (4/Sths Vote: Yes~o~)
The applicant, ACI Sunbow, LLC has filed a general plan amendment application to allow
residential land uses on parcels adjacent to the Otay Landfill that are currently designated for
industrial uses. The Environmental Review Coordinator has determined that the proposed project
requires the preparation of a health risk assessment (HRA), Phase 1 environmental site
assessment, a noise analysis, an odor analysis, and a nuisance dust analysis, in order to
determine the health risks associated with placing residential development adjacent to the Otay
Landfill operation. The item before the City Council is a request for the City Council to approve
the proposed contract with ENVIRON for an amount not to exceed $105,500 to provide
consultant services for the preparation of a HRA and related documents, and a Phase 1
environmental site assessment, and an additional $26,375 for other services should they be
necessary.
ITEM TITLE:
RECOMMENDATION:
That the City adopt a Resolution approving a three-party agreement between the City of Chula
Vista; ENVIRON International Corporation, Consultant; and ACI Sunbow, LLC, Applicant, for
consulting services related to the preparation of a HRA Phase 1 environmental site assessment, a
noise analysis, an odor analysis, and a nuisance dust analysis, and authorizing the Mayor to
execute said agreement.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
13-1
Page 2, Item No.: \~
Meeting Date: 3L22LIl5.
DISCUSSION:
Background
ACI Sunbow, LLC has filed a general plan amendment application in order to change the general
plan land use designation for land abutting the Otay Landfill operation from industrial to
residential. The site consists of two separate parcels, Parcel A and Parcel B; Parcel A is owned
by ACI Sunbow, LLC, and Parcel B is owned by Otay Landfill, Inc. A map that depicts the two
parcels is provided in Attachment "1". Parcel A is approximately 50 acres in size and is generally
located adjacent to the northwest boundary of the Otay Landfill. Parcel A is located within a
1,000 foot landfill buffer area that surrounds the Otay Landfill. Parcel B is approximately 80
acres in size, and is located within the landfill boundary. The HRA and Phase 1 environmental
site assessment would analyze the potential for toxic substances on the site, as well as the
potential impacts to hwnan health associated with residential uses on the subject parcels. The
HRA would also analyze the potential health impacts associated with a park use for the site.
It is important to note that the completion of a HRA is just one step that needs to be taken toward
the applicant's goal of a general plan amendment to re-designate the subject property as
residential. Prior to making any recommendations to the Planning Commission or City Council,
Staff would be considering the potential health risks associated with this proposal, as well as
other factors such as the demand for industrial land, good land use planning principles, and
compliance with the existing landfill agreement with the County of San Diego. On March 2,
2005 the County of Board of Supervisors directed their staff to prepare a letter to the City of
Chula Vista indicating that they are not in favor of residential development in the landfill buffer
area.
The Environmental Review Coordinator has determined that the aforementioned studies need
to be prepared in order to assess the potential health impacts associated with the applicant's
request. Any future application requesting actual entitlements for the site would be subject to
further environmental review. The documents created now would serve as supporting
documentation for any future environmental review of development proposals for the site.
Planning and Building Department staff does not have the available time or expertise to
prepare the needed environmental analyzes. Therefore, the applicant must enter into a three-
party agreement for the preparation of the HRA and related environmental documents.
Consultant Services Selection Process
ENVIRON is a recognized expert in the highly specialized and technical field ofhwnan health risk
assessment. They have a proven track record with the City of Chula Vista and have performed
similar work associated with development proposed adjacent to the Otay Landfill. Due to the highly
specialized nature of the work involved, the number of consultants available to perform health risk
assessments is extremely limited. ENVIRON is a proven leader in their field and employs highly
13-2
Page 3, Item No.: \3-
Meeting Date: 3L22LIl5
trained scientists who are unparalleled in their level of expertise. ENVIRON is available to
commence work on the HRA and Phase I environmental site assessment immediately after contract
approval and will deliver the required docwnents in a timely manner. For these reasons, staff has
found it appropriate to sole source the contract, and is requesting that the City Council waive the
formal bidding process and adopt the attached resolution approving the three party agreement.
Scqpe of Work
The responsibilities of the Environmental Consultant will include the following:
Preparation of a Phase I environmental site assessment with an analysis of landfill
gas migration potential
Preparation of health risk assessment associated with toxic air emissions from the
Otay Landfill operation
Preparation of a noise analysis
Preparation of an odor analysis
Preparation of a nuisance dust analysis
Contract Payment
The total cost of the contract for consulting services is $105,500, with an additional 25%
contingency ($26,375) for additional services to cover unforeseen issues that may arise during
preparation of the required documents, and if determined to be necessary by the City's
Environmental Review Coordinator. The project applicant will pay all consultant costs, as well
as reimburse any City staff time associated with preparation of the HRA.
The City Attorney's Office has reviewed and approved the form of the contract.
FISCAL IMPACT:
There will be no resulting impact to the General Fund. The applicant, ACI Sunbow, LLC, will
fully compensate the consultant. The contract amount for consulting services is $105,500. The
contract allows the Contract Administrator to negotiate additional fees, which will be paid by the
applicant, not to exceed 25% of the total contract amount ($26,375) to cover unforeseen issues
that may be identified during the preparation of the EIR.
Attachments:
1. Vicinity Map
2. Three Party Agreement between the City of Chula Vista, ENVIRON, and ACI Sunbow,
LLC
13-3
... /1
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APPROXIMATELY 46 ACRES
APPROVED FOR INDUSTRIAL
( Area Under Consideration for
Multi. Family Residential)
COUN1Y ZONE ( A . 70 )
LIMITED AGRICULTURE
CHULA VISTA
GENERAL PLAN
( PQ ) PUBLIC-QUASI
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1000
Scale In Feet
ENVIRON
Sunbow Project Site
Plot Plan
ChuIa Vista, CaUfomia
Drafter: JJC
Date: 12/21/04
Contract Number: 04-MKYTQ4
Approved:
Revised: 1/05/05
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WANING THE FORMAL BIDDING PROCESS AND APPROVING A THREE-
PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA; ENVIRON
INTERNATIONAL CORPORATION, CONSULTANT; AND ACI SUNBOW, LLC
APPLICANT, FOR CONSULTING SERVICES RELATED TO THE
PREPARATION OF A HEALTH RISK ASSESSMENT, A PHASE 1
ENVIRONMENTAL SITE ASSESSMENT, A NOISE ANALYSIS, AN ODOR
ANALYSIS, AND A NUISANCE DUST ANALYSIS, ASSOCIATED WITH THE
APPLICANT'S REQUEST FOR A GENERAL PLAN AMENDMENT TO ALLOW
RESIDENTIAL LAND USES ON PARCELS ADJACENT TO THE OTAY
LANDFILL THAT ARE CURRENTLY DESIGNATED FOR INDUSTRIAL USES.
WHEREAS, the Applicant has deposited or will deposit an initial sum for the consulting
services necessary for the preparation of a health risk assessment, a Phase 1 environmental site
assessment, a noise analysis, an odor analysis, and a nuisance dust analysis; and
WHEREAS, it was determined by the Director of Planning and Building that staff has
neither the available time or expertise to perform the subj ect work; and
WHEREAS, the City is in immediate need of an experienced environmental consultant that
is familiar with the City's policies and procedures; and
WHEREAS, the Consultant is uniquely qualified to serve as the Consultant for the
preparation of a health risk assessment and associated documents based upon the fact that they are
recognized experts in a highly specialized and technical field, and their experience with projects of a
similar nature in the City ofChula Vista; and
WHEREAS, the City Council finds that the City's competitive bidding requirements as
applied to this contract would be impractical and hereby waives the competitive bidding process;
and
WHEREAS, the Environmental Review Coordinator has negotiated the details of this
Agreement in accordance with applicable procedUres set forth in Section 6.5.2 of the Environmental
Review Procedures.
NOW THERERFORE BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve a three-party agreement between the City of Chula Vista; ENVIRON
International Corporation, ("Consultant") and ACI Sunbow, LLC ("Applicant") for consulting
services for the preparation and submittal of a Phase I environmental site assessment and health
risk assessment.
13-5
BE IT FURTHER RESOLVED that the Mayor of the City of City ofChula Vista is
hereby authorized and directed to execute said Agreement on behalf of the City of Chula Vista.
Presented by
Approved as to fo= by
~A. e /hJ!-f
Mooré
CIty Attorney
James D. Sandoval, AICP
Director of Planning and Building
C,\Documents and Settings\johnmu\Local Settings\Temporary Internet
Files\OLK1A3\environ.resocontract.doc
13-6
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
~ J,P AØ--
Ann Moore
CIty Attorney
Dated: :J ' / (, . O~
Three-Party Agreement between the City of Chula Vista
And Environ International Corporation, ACI Sunbow, LLC for
Consulting Services related to the preparation of a Health Risk Assessement
13-7
Three-Party Agreement
Between
City of Chula Vista,
ENVIRON International Corporation, Consultant, and
ACI Sunbow, LLC, Applicant
For Consulting Work to be Ren¡lered with regard to Applicants' Project
,..
1. Parties.
This Agreement is made as of the reference date set forth in Exhibit A, for the purposes of
reference only, and effective as of the date last executed by the parties hereto, between the City of
Chula Vista ("City") herein, a municipal corporation of the State of California, the person designated
on the attached Exhibit A as "Consultant", ENVIRON International Corporation, whose business
form and address are indicated on the attached Exhibit A, and the persons collectively designated on
the attached Exhibit A as "Applicant", ACI Sunbow, LLC, whose business forms and addresses are
indicated on the attached Exhibit A, and is made with reference to the following facts:
2. Recitals. Warranties and Representations.
2.1. WarrantvofOwnershiu.
Applicant warrants that Applicant is the owner ofland ("Property") commonly known as, or
generally located as, described on Exhibit A, Paragraph 1, or has an option or other entitlement to
develop said Property.
2.2. Applicant desires to develop the Property with the Project described on Exhibit A,
Paragraph 2, and in that regard, has made application ("Application") with the City for approval of
the plan, map, zone, or other permits ("Entitlements") described on Exhibit A, Paragraph 3.
2.3. In order for the City to process the Application of Applicant, Work of the general nature
and type described in Exhibit A, Paragraph 4, ("Work") will need to be completed.
2.4. City does not presently have the "in-house" staff or resources to process the application
within the time name requested for review by the Applicant.
2.5. This agreement proposes an arrangement by which Applicant shall retain, and be liable
for the costs of retaining, Consultant, who shall perform the services required of Consultant by this
Agreement solely to, and under the direction of, the City.
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2.6. Additional facts and circumstances regarding the background for this agreement are set
forth on Exhibit B.
3. Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED TO AND BETWEEN THE CITY,
CONSULTANT, AND APPLICANT AS FOLLOWS:
3.1. Employment of Consultant bv Applicant.
Consultant is hereby engaged by the Applicant, not the City, and at Applicant's sole cost and
expense, to perform to, and for the primary benefit of, City, and solely at City's direction, all of the
services described on the attached Exhibit A, Paragraph 4, entitled "General Nature of Consulting
Services", ("General Services"), and in the process of performing and delivering said General
Services, Consultant shall also perform to and for the benefit of City all of the services described in
Exhibit A, Paragraph 5, entitled "Detailed Scope of Work", ("Detailed Services"), and all services
reasonably necessary to accomplish said General Services and Detailed Scope of Work, and shall
deliver such documents required ("Deliverables") herein, all within the time frames herein set forth,
and in particular as set forth in Exhibit A, Paragraph 6, and if none are set forth, within a reasonable
period oftime for the diligent execution of Consultant's duties hereunder. Time is ofthe essence of
this covenant.
The Consultant does hereby agree to perform said General and Detailed Services to and for
the primary benefit of the City for the compensation herein fixed to be paid by Applicant.
In delivering the General and Detailed Services hereunder, the Consultant shall do so in a
good, professional manner consistent with that level of care and skill ordinarily exercised by
members ofthe profession currently practicing under similar conditions and in similar locations, at
its own cost and expense except for the compensation and/or reimbursement, if any, herein promised,
and shall furnish all of the labor, technical, administrative, professional and other personnel, all
supplies and materials, machinery, equipment, printing, vehicles, transportation, office space and
facilities, calculations, and all other means whatsoever, except as herein otherwise expressly
specified to be furnished by the City or Applicant, necessary or proper to perform and complete the
work and provide the Services required ofthe Consultant.
3.2. Compensation of Consultant.
Applicant shall compensate Consultant for all services rendered by Consultant without regard
to the conclusions reached by the Consultant, and according to the terms and conditions set forth in
Exhibit C adjacent to the governing compensation relationship indicated by a "checkmark" next to
the appropriate arrangement, by paying said amount to the City, within 15 days of Consultant's
billing, or in accordance with the security deposit provisions of Paragraph 3.3 and Exhibit C, if
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checked, and upon receipt of such payment by the City, City shall promptly, not later than 15 days, or
in accordance with the Bill Processing procedure in Exhibit C, if checked, pay said amount to the
Consultant. City is merely acting in the capacity as a conduit for payment, and shall not be liable for
the compensation unless it receives same from Applicant. Applicant shall not make any payments
of compensation or otherwise directly to the Consultant.
3.2.1. Additional Work. If the Applicant, with the concurrence of City, determines
that additional services ("Additional Services") are needed from Consultant of the type Consultant
is qualified to render or reasonably related to the Services Consultant is otherwise required to
provide by this Agreement, the Consultant agrees to provide such additional services on a time and
materials basis paid for by Applicant at the rates set forth in Exhibit C, unless a separate fixed fee is
otherwise agreed upon in writing for said Additional Work between the parties.
3.2.2. In the event that the City shall determine that additional work is required to be
perfo=ed above and beyond the scope of work herein proVided, City will consult with Applicant
regarding the additional work, and if thereupon the Applicant fails or refuses to arrange and pay for
said Additional Services, the City may, at its option, suspend any further processing of Applicant's
Application until the Applicant shall deposit the City's estimate of the costs of the additional work
which the City determines is or may be required. Applicant shall pay any and all additional costs for
the additional work, but only relating to the primary purpose of the original scope of work, and only
for work associated with Parcels A and B as described in Exhibits "A" and "D" ofthis contract.
3.2.3. Reductions in Scope of Work. City may independently, or upon request from
Consultant, from time to time reduce the Services to be perfo=ed 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.
Upon failure to agree, the Fixed Fee maybe unilaterally reduced by the City by the amount oftime
and materials budgeted by Consultant for the Services deleted.
3.3. Security for Payment of Compensation bv Applicant.
3.3.1. Deposit. As security for the payment of Consultant by Applicant, Applicant
shall, upon execution of this Agreement, deposit the amount indicated on Exhibit C as "Deposit
Amount" with the City, as trustee for Consultant, the conditions of such trust being as indicated on
Exhibit C and as hereinbelow set forth:
3.3.1.1 Other Terms of Deposit Trust.
3.3 .1.1.1. City shall also be entitled to retain from said Deposit all
costs incurred by City for which it is entitled to compensation by law or under the terms of this
agreement.
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3.3.1.1.2. All interest earned on the Deposit Amount, if any, shall
accrue to the benefit of, and be used for, Trust purposes. City may, in lieu of deposit into a separate
bank account, separately account for said deposit in one or more of its various bank accounts, and
upon doing so, shall proportionately distribute to the Deposit Trust, the average interest eamed
during the period on its general fund.
3.3.1.1.3. Any unused balance of Deposit Amount, including any
unused interest earned, shall be returned to Applicant not later than 30 days after the termination of
this Agreement and any claims resulting therefrom.
. 3.3.1.1.4. Applicant shall be notified within 30 days after of the use of
the Deposit in any manner. Nothing herein shall invalidate use of the Deposit in the manner herein
authorized. .
3.3.1.1.5. At such time as City shall reasonably determine that
inadequate funds remain on Deposit to secure future compensation likely due Consultant or City,
City may make demand of Applicant to supplement said Deposit Amount in such amount as City
shall reasonably specify, and upon doing so, Applicant shall, within 30 days pays said amount
("Supplemental Deposit Amount") to City. Said Supplement Deposit Amount or Amounts shall be
governed by the same te=s of trust governing the original Deposit.
3.3.2. Withholding of Processing. In addition to use of the Deposit as security, in
order to secure the duty of Applicant to pay Consultant for Services rendered under this agreement,
City shall be entitled to withhold processing of Applicant's Application upon a breach of Applicant's
duty to compensate Consultant.
4. Non-Service Related Duties of Consultant.
4.1. Insurance.
Consultant represents that it and its agents, staff and subconsultants employed by it in
connection with the Services required to be rendered, are protected against the risk of loss by the
following insurance coverages, in the following categories, and to the limits specified, policies of
which are issued by Insurance Companies that have a Best's Rating of" A, Class V" or better, or shall
meet with the approval of the City:
4.1.1. Statutory Worker's Compensation Insurance and Employer's Liability
Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 10.
4.1.2. Commercial General Liability Insurance including Business Automobile
Insurance coverage in the amount set forth in Exhibit A, Paragraph 10, combined single limit applied
separately to each proj ect away from premises owned or rented by Consultant, which names City and
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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").
4.1.3. EITors and Omissions insurance, in the amount set forth in Exhibit A,
Paragraph 10, unless EITors and Omissions coverage is included in the General Liability policy.
4.2. Proof of Insurance Coverage.
4.2.1. 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.
4.2.2. 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 and
Applicant demonstrating same.
4.3. Public Statements.
All public statements and releases to the news media shall be the responsibility of the City
and the Applicant. The Consultant shall not publish or release news items, articles or present
lectures on the Project, either during the course ofthe study or after its completion, except on written
conCUITence of the City and Applicant.
4.4. Communication to Applicant.
Consultant shall not communicate directly to the Applicant except in the presence of the City,
or by writing an exact copy of which is simultaneously provided to City, except with the express
consent of City. The Consultant may request such meetings with the Applicant to ensure the
adequacy of services performed by Consultant.
5. Non-Compensation Duties ofthe Applicant.
5.1. Documents Access.
The Applicant shall provide to the Consultant, through the City, for the use by the Consultant
and City, such documents, or copies of such documents requested by Consultant, within the
possession of Applicant reasonably useful to the Consultant in performing the services herein
required of Consultant, including but not limited to those described in Exhibit A, Paragraph 7.
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5.2. Property Access.
The Applicant hereby grants permission to the City and Consultant to enter and access the
Property, to take any borings, make any tests, conduct any surveys or reconnaissance necessary to
deliver the Services of Consultant, subject to the approval of the Applicant. Consultant shall
promptly repair any damage to the subject property occasioned by such entry and shall indemnify,
defend, and hold Applicant harmless from all loss, cost, damage, expenses, claims, and liabilities in
connection with or arising from any such entry and access.
5.3. Communication to Consultant.
Applicant shall not communicate directly to the Consultant except in the presence of the City,
or by writing an exact copy of which is simultaneously provided to City, except with the express
consent of City. The Applicant may request such meetings as they desire with the Consultant to
ensure the adequacy of services performed by Consultant.
6. Administrative Representatives.
Each party designates the individuals (" Administrators") indicated in Exhibit A, Paragraph 8,
as said party's contract administrator who is authorized by said party to represent them in the routine
administration of this agreement.
7. Conflicts of Interest.
7.1. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 9, 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 his economic interests to the City Clerk on the required
Statement of Economic Interests in such reporting categories as are specified in Paragraph 9 of
Exhibit A, or if none are specified, then as determined by the City Attorney.
7.2. 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
goverrunental decision in which Consultant knows or has reason to know Consultant has a fInancial
interest other than the compensation promised by this Agreement.
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7.3. 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.
7.4. 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.
7.5. 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.
7.6. 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 the property which is the subject matter of the Project,
or in any property within 10 radial miles from the exterior boundaries of the property which is the
subject matter of the Project, or ("Prohibited Interest").
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain lias been made to Consultant or
Consultant Associates by Applicant or by any other party as a result of Consultant's performance of
this Agreement. Consultant promises to advise City of any such promise that may be made during
the Term ofthis 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.
Consultant may not conduct or solicit any business for any party to this Agreement, orfor any
third party which may be in conflict with Consultant's responsibilities under this Agreement.
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8.
Default of the Consultant for Breach.
This agreement may be terminated by the City for default if the Consultant breaches this
agreement or if the Consultant refuses or fails to pursue the work under this agreement or any phase
of the work with such diligence which would assure its completion within a reasonable period of
time. Termination of this agreement because of a default of the Consultant shall not relieve the
Consultant from liability of such default.
9.
City's Right to Terminate Pavrnent for Convenience. Documents.
9.1. Notwithstanding any other section or provision of this agreement, the City shall have
the absolute right at any time to terminate this agreement or any work to be performed pursuant to
this agreement.
9.2. In the event oftermination of this agreement by the City in the absence of default of
the Consultant, the City shall pay the Consultant for the reasonable value of the services actually
performed by the Consultant up to the date of such termination, less the aggregate of all sums
previously paid to the Consultant for services performed after execution of this agreement and prior
to its termination.
9.3. The Consultant hereby expressly waives any and all claims for damage or
compensation arising under this agreement, except as set forth herein, in the event of such
termination. '
9.4. In the event of termination of this agreement, and upon demand of the City, the
Consultant shall deliver to the City, all field notes, surveys, studies, reports, plans, drawings and all
other materials and documents prepared by the Consultant in performance ofthis agreement, and all
such documents and materials shall be the property of the City; provided however, that the
Consultant may retain copies for their own use and the City shall provide a copy, at Applicant's cost,
of all such documents to the Applicant.
9.5. Applicant shall have no right to terminate Consultant, and shall not exercise any control
or direction over Consultant's work.
10.
Administrative Claims Requirement and Procedures.
No suit 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 of Chula Vista and acted upon by the City of
Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal
Code, the provisions of which are incorporated by this reference as if set fully set forth herein.
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11.
Hold Harmless and Indemnification.
11.1. Consultant to Indemnify City reo Iniuries.
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees from and against all claims for damages, liability, cost and expense
(including without limitation attorneys' fees) arising out of or alleged by third parties to be the result
of the negligent acts, errors or omissions or the willful misconduct of the Consultant, and
Consultant's employees, subcontractors or other persons, agencies or firms for whom Consultant is
legally responsible in connection with the execution of the work covered by this Agreement, except
only for those claims, damages, liability, costs and expenses (including without limitations, attomeys
fees) arising from the negligence or willful misconduct of the City, its officers, or employees. Also
covered is liability arising from, connected with, caused by or claimed to be caused by the active or
passive negligent acts or omissions of the City, its agents, officers, or employees which maybe in
combination with the active or passive negligent acts or omissions of the Consultant, its employees,
agents or officers, Or-any third party.
With respect to losses arising from Consultant's professional errors and omissions,
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed
officers and employees, from and against all claims for damages, liability, cost and expense
(including without limitation attorneys fees) except those claims arising from the negligence or
willful misconduct of City, it 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. Consultant's obligations under this Section shall not
be limited by any prior or subsequent declaration by the Consultant. Consultant's obligations under
this Section shall survive the termination of this Agreement.
11.2. Applicant to Indemnify City reo Compensation of Consultant.
Applicant agrees to defend, indemnify and hold the City harmless against and from any and
all claims, losses, damages, expenses or expenditures of City, including its elected officials, officers,
employees, agents, or representatives ofthe City ("City Indemnitees"), in anyway resulting from or
arising out of the refusal to pay compensation as demanded by Consultant for the performance of
services required by this Agreement.
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12. Business Licenses.
Applicant agrees to obtain a business license from the City and to otherwise comply with
Chula Vista Municipal Code, Title 5. Applicant further agrees to require Consultant to obtain such
business license and to comply with Chula Vista Municipal Code, Title 5.
13. Miscellaneous.
13.1. Consultant not authorized to Represent City.
Unless specifically authorized in writing by City, neither Consultant nor Applicant shall have
authority to act as City's agent to bind City to any contractual agreements whatsoever.
13.2. 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 for the parties in Exhibit A.
13.3. Entitlement to Subsequent Notices.
No notice to or demand on the parties for notice of an event not herein legally required to be
given shall in itself create the right in the parties to any other or further notice or demand in the same,
similar or other circumstances.
13.4. 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 subj ect
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.
13.5. 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; that all
resolutions or other actions have been taken so as to enable it to enter into this Agreement.
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13.6. Governing Law/Venue.
This Agreement shall be governed by and construed in accordance with the laws of the State
of California. Any action arising under or relating to this Agreement shall be brought only in the
federal or state courts located in San Diego County, State of California, and if applicable, the City of
Chula Vista, or as close thereto as possible. Venue for this Agreement, and perfo=ance hereunder,
shall be the City of Chula Vista.
13.7. Modification.
No modification or waiver of any provision of this Agreement shall be effective unless the
same shall be in writing and signed by the parties hereto, and then shall be valid only in the specific
instance and for the purpose for which given. .
13.8. Counterparts.
This Agreement may be executed in more than one counterpart, each of which shall be
deemed to be an original but all of which, when taken together shall constitute but one instrument.
13.9. Severability.
In the event that any provision of this Agreement shall for any reason, be determined to be
invalid, illegal, or unenforceable in any respect, the parties hereto shall negotiate in good faith and
agree to such amendments, modifications, or supplements to this Agreement or such other
appropriate action as shall, to the maximum extent practicable in light of such dete=ination,
implement and give effect to the intentions of the parties as reflected herein.
13.10. Headings.
The èaptions and headings in this Agreement are for convenience only and shall not define or
limit the provisions hereof.
13.11. Waiver.
No course of dealing or failure or delay, nor the single failure or delay, or the partial exercise
of any right, power or privilege, on the part of the parties shall operate as a waiver of any rights
herein contained. The making or the acceptance of a payment by either party with lmowledge of the
existence of a breach shall not operate or be construed to operate as a waiver of any such breach.
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13.12. Remedies.
The rights of the parties under this Agreement are cumulative and not exclusive of any rights
or remedies which the parties might otherwise have unless this Agreement provides to the contrary.
13.13. No Additional Beneficiaries.
Despite the fact that the required performance under this agreement may have an affect upon
persons not parties hereto, the parties specifically intend no benefit therefTom, and agree that no
performance hereunder may be enforced by any person not a party to this agreement.
Notwithstanding the foregoing, this is a three party agreement and the City is an express third party
beneficiary of the promises of Consultant to provide services paid for by Applicant.
14. Ownership. Publication. Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any
other materials or properties produced under this Agreement shall be the sole and exclusive property
of City. No such materials or properties produced in whole or in part under this Agreement shall be
subject to private use, copyrights or patent rights by Consultant in the United States or in any other
country without the express written consent of City. City shall have unrestricted authority to publish,
disclose (except as may be limited by the provisions of the Public Records Act), distribute, and
otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics,
forms or other materials or properties produced under this Agreement.
(End of Page. Next Page is Signature Page.)
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Signature Page To
Three-Party Agreement
Between
City of Chula Vista,
ENVIRON International Corporation, Consultant, and
ACI Sunbow, LLC, Applicant
For Consulting Work to be Rendered with regard to Applicants' Project
(Page 1 of2)
NOW THEREFORE, the parties hereto, having read and understood the terms and conditions
of this agreement, do hereby express their consent to the te=s hereofby setting their hand hereto on
the date set forth adjacent thereto.
Dated:
City of Chula Vista
By:
Stephen C. Padilla, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to Fo=:
Ann Moore, City Attorney
By:
Dated:
03/1012005
13-20
Three-Party Agreement
Page 13
Dated:
03/15/2005
Signature Page To
Three-Party Agreement
Between
City of Chula Vista,
ENVIRON International Corporation, Consultant, and
ACISunbow,LLC,Applicant
For Consulting Work to be Rendered with regard to Applicants' Proj ect
(Page 2 of2)
Applicant:
ACI Sunbow, LLC
By: I~ ~
Title: p\...~-\&...-- y
Three-Party Agreement
Page 14
13-21
Exhibit A
Reference Date of Agreement:
March 22, 2005
Effective Date of Agreement:
Date of final City signature of agreement
City:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Consultant:
ENVIRON Intemational Corporation (ENVIRON)
Bllsiness Form of Consultant:
, ( ) Sole Proprietorship
( ) Partnership
(X) Corporation
Address:
2010 Main Street, Suite 900
Irvine, CA 92614-7215
Applicant:
ACI Sunbow, LLC
750 B Street, Suite 2370
SanDiego, CA 92101
Business Form of Applicant:
( ) Sole Proprietorship
( ) Partnership
( ) Corporation
(X) Other: A California Limited Liability Company
Address:
1. Property(Commonly known address or General Description):
The subject property consists of two separate parcels, Parcel A and Parcel B; Parcel A is owned by
ACI Sunbow, LLC, and Parcel B is owned by Otay Landfill, Inc. A map that depicts the two parcels'
is provided in Exhibit D. Parcel A is approximately 50 acres in size and is generally located adjacent
to the northwest boundary of the Otay Landfill, within the established landfill buffer area as
03/16/2005
Three-Party Agreement
Page 15
13-22
described in the Otay Landfill Agreement dated May of 1996. Parcel B is approximately 80 acres
in size, and is located within the landfill boundary.
2. Project Description ("Project"):
The project consists of the completion of a Phase I environmental site assessment, a qualitative
landfill gas migration evaluation, a health risk assessment (HRA), a noise analysis, an odor analysis,
and a nuisance dust analysis, all for Parcels A and B as described above. ENVIRON shall serve as
the environmental consultant conducting the aforementioned work.
3. Entitlements applied for:
General Plan Amendment
4. General Nature of Consulting Services ("Services--General"):
ENVIRON shall serve as the environmental consultant conducting a Phase 1 environmental site
assessment, a qualitative landfill gas migration evaluation, a health risk assessment (HRA), a noise
analysis, an odor analysis, and a nuisance dust analysis, all for Parcels A and B as described above
5. Detailed Scope of Work ("Detailed Services"):
ENVIRON will complete the following tasks to the satisfaction of the Environmental Review
Coordinator:
Task 1 -Phase I Environmental Site Assessment and Potential LFG Migration Evaluation
ENVIRON shall complete a Phase 1 environmental site assessment (ESA) and evaluation oflandfill
gas migration (LFG) potential. The Phase I environmental site assessment (ESA) will identify
recognized environmental conditions, which are defined by the American Society for Testing and
Materials (ASTM) as "the presence or likely presence of any hazardous substances or petroleum
products on a property under conditions that indicate an existing release, a past release, or a material
threat of a release of any hazardous substances or petroleum products into structures on the property
or into the ground, ground water, or surface water of the property." Specifically, the Phase I ESA
will include the following tasks, which will be performed in accordance with the ASTM Standard
Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process
E1527-00.
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Three-Party Agreement
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a. Historical Review
Information will be gathered on the history of the two land parcels and surrounding area.
ENVIRON will review the following sources of information (if available) to understand the
history of the two parcels as required under the ASTM standard: aerial photographs; Sanborn
maps; a city directory abstract; and previous site assessments and reports. ENVIRON will
assume that one set of aerial photos, and Sanborn maps will be sufficient to cover the area
comprising the two parcels. Environ understands that previous assessments are available for
Parcel A. Upon ENVIRON review of those assessments, Environ will evaluate if reliance on
those reports. may be achieved and consequently limit the scope of the Phase I ESA to only
Parcel B.
b. Property and Site Vicinity Reconnaissance
A site visit to Parcel B, and if determined to be necessary by ENVIRON, Parcel A shall be
conducted in order to observe and evaluate surficial conditions and visual evidence of actual
or potential environmental impairment from current or past uses of the parcels. This
evaluation will be based on visual observations of the two parcels and the immediate
surrounding sites. During the site visit, ENVIRON will access and evaluate the conditions of
mechanical, equipment, storage, and electric rooms, if they exist on the two parcels.
ENVIRON will also access and observe the interior spaces of vacant and readily accessible
buildings, if any. ENVIRON will conduct interviews with the City, County, Allied Waste,
and Ayres to obtain information regarding recognized environmental conditions associated
with these parcels. ENVIRON assumes that the site visit can be completed within one day.
c. Review of Regulatorv Records
ENVIRON will conduct a review of databases maintained by pertinent regulatory agencies
for these parcels to evaluate if environmentally impaired sites are located in the area, for
example, sites with potential environmental contamination, sites with releases from
underground storage tanks, and sites with spills. This records review will focus on the two
parcels and listed sites located within the approximate rninimum search distances indicated
in the ASTM standard. ENVIRON will review information regarding the hydrogeology of
the area to evaluate the potential impacts to the two parcels from the listed sites.
d. Evaluation of Potential LPG Migration and Previous Class I Hazardous Waste Site
As shown on Exhibit "D" , the active Otay Landfill and a previous Class I hazardous waste
(HW) site are adjacent to Parcels A and B. Therefore, ENVIRON's Phase I ESA also will
address obtaining informati~n related to the Landfill and the HW site. In addition,
ENVIRON will qualitatively evaluate the potential for LFG rnigration beyond the landfill
boundary and the potential impacts to the future residents adjacent to the Landfill.
ENVIRON will evaluate the LFG control system, taking into account the landfill liner
structure, and the design of the LFG collection system. This evaluation will be a qualitative
evaluation.
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e. Reoorting
It should be noted that the Phase I ESA will not include collection of any environmental
samples, or an evaluation of conditions typically outside the scope of a Phase I ESA.
ENVIRON will summarize the key findings of the Phase I ESA in a letter report. If
ENVIRON believes that any area of environmental concern identified during the Phase I
effort requires additional investigation to provide a more certain understanding of the surface
and/or subsurface contamination, thus potential health risks to the future inhabitants,
ENVIRON will prepare a recommended work plan and cost estimate for these additional
tasks (Phase II).
Task 1 Deliverables
a) Ten (10) copies of the Draft Phase 1 ESA that includes a Qualitative
Evaluation of Potential LFG Migration
b) Ten copies affinal report
Task 2 -BRA with Air Toxic Emissions from the Otay Landfill Operations
ENVIRON shall prepare a HRA evaluating the potential health affects of the air toxic emissions
associated with the Otay Landfill operations. The HRA will evaluate maxim\llll cancer, chronic, and
acute health risks to future residents in Parcels A and B, as well as industrial and community park
scenarios, as appropriate. The HRA will consist of:
a. Estimation of all potential air toxic emissions from landfill gas (LFG), the LFG flare, the
LFG fired internal combustion (IC) engine, fugitive emissions (trace metals in PM¡o), and
diesel combustion. Site specific and/or standard emission factors will be used to estimate
the emissions.
b. Simulating the dispersion ofthe air toxic emissions from the landfill to the surrounding area
and predicting the ground level concentrations at receptor locations. The dispersion model
will utilize source parameters, meteorological data, terrain data, and other site-specific
infonnation to estimate the downwind concentrations.
c. Estimation ofthe potential cancer and non-cancer health risks resulting from the air toxic
emissions.
ENVIRON will use the raw data (including emission calculations, source parameters, and other site-
specific data) obtained from the previous proj ect for this HRA unless new or more refined data have
become available. The latest software package, Hotspots Analysis Reporting Program (HARP),
approved by the California Air Resources Board (CARB) will be used to evaluate the health risks. A
detailed air dispersion model, ISCST3, approved by the United States Environmental Protection
03/16/2005
Three-Party Agreement
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Agency (USEPA), is included in HARP, which will simulate the air dispersion. The health risk
algorithms in HARP were developed following the guidelines from the California EP A Office of
Environmental Health Hazard Assessment (OEHHA). A fiI1al report will be prepared and submitted
to Ayres and the City.
The resulting health risk values will be compared with the generally accepted health risk thresholds
of lOin one million exposed population for cancer risk and 1.0 hazard indices for non-cancer risks.
If any of the risk level for residential use of the parcels exceeds the risk threshold, ENVIRON will
evaluate the health risks associated with industrial use and community park use, which would result
in a lower risk level than residential use due to the relative decrease in exposure duration.
Task 2 Deliverables
a) Ten (10) copies of the draft Health Risk Assessment
b) Ten copies affinal report
Task 3 - Preparation of Noise Analysis
Environ shall prepare a noise analysis for the project site. Sound pressure levels (A weighting) will
be monitored and recorded at approximately five locations within the two land parcels. The locations
will be selected by ENVIRON in consultation with City staff, and will likely be located along the
border of the proposed residential development nearest to Otay Landfill and the road ways. The
security ofthe sound level meters will also be taken into consideration when selecting the sampling
locations. Prior to the noise monitoring, ENVIRON will contact the operator of the Otay Landfill to
gain an understanding on the levels of daily activities so that the noise monitoring will be conducted
when the landfill is the most active. ENVIRON will collect at least three 24-hr days of sound data.
Community Noise Equivalent Levels (CNEL) will be calculated using the recorded A-weighting
sound levels for a 24-hour period by adding 5 decibels to sound levels in the evening (7 P.M. to 10
P.M.) and by adding 10 decibels to sound levels at night (10 P.M. to 7 AM.). The noise analysis
shall incorporate City noise thresholds.
Task 4 - Preparation of an Odor Impact Evaluation
In conjunction with the health risk assessment (HRA), ENVIRON will perform an assessment of
odor impacts to the two land parcels (parcels A and B) due to odorous emissions from the Otay
Landfill. ENVIRON will estimate the emissions of odorous substances (such as hydrogen sulfide)
using available emission factors and other engineering calculations. The ISCST3 model will be used
to simulate the ground level maximum I-hour concentrations of the odorous substances. Then the
maximum I-hour concentrations will be converted to concentrations at shorter averaging time (such
as 3-minute averages) using the Turner method, which will be compared with published odor
thresholds.
03/16/2005
Three-Party Agreement
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Task 5 - Preparation of a Nuisance Dust Evaluation
Nuisance dust is expected to result from heavy equipment operations and windy conditions at the
landfilL ENVIRON will use AP-42 and San Diego County Air Pollution Control District
(SDCAPCD) emission factors and other engineering calculations to estimate the fugitive emissions
of nuisance dust and evaluate the potential for nuisance dust impacts to the proposed receptors at
these parcels. Particles having size less than 100 rnicrometers (¡.un.) will be treated as nuisance dust
for the purpose of this analysis. Dispersion modeling will be performed using the ISCST3 model to
predict the impacts in terms of concentration and/or deposition. There are currently no federal
regulatory standards for nuisance dust ambient concentration or deposition. The modeled
concentrations will be compared with the former National Ambient Air Quality Standards (NAAQS)
for Total Suspended Particle (TSP). The modeled deposition results will be compared with
thresholds in peer-reviewed publications, which are frequently cited in environmental impact
analyses.
Tasks 3, 4, and 5 Deliverables
a) Ten (J 0) copies a draft bound noise analysis report; The nuisance dust and odor
analyses will be include in the HRA.
b) Ten copies of a final bound report
6. Schedule, Milestone, Time-Limitations within which to Perform Services.
Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
Dates or Time Limits for Deliverv of Deliver abIes:
Deliverable No. I:
Draft Phase 1 ESA
March 31, 2005
Deliverable No.2:
Draft Noise Report
April 30, 2005
Deliverable No.3:
Draft HRA, Odor, and Nuisance Dust Report
May 15, 2005
Deliverable No.4:
All Final Reports
May 30, 2005
6.a Such time limits as set forth above may be extended by the City's Environmental Review
Coordinator in her sole discretion which extension shall not constitute a waiver by the City to
demand performance by consultant under the terms of this agreement.
7. Documents to be provided by Applicant to Consultant:
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Three-Party Agreement
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( ) site plans () tentative tract maps ( ) architectural elevations ( ) project description.
(X) other: previous environmental studies performed on the subject properties.
8. Contract Administrators.
City:
Marilyn RF. Ponseggi, Environmental Review Coordinator
Applicant:
Samuel M. Holty, ACI Sunbow, LLC
Consultant:
Yi Tian, ENVIRON
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9. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code:
(X) Not Applicable.
( ) Category No. 1.
( ) Category No.2.
( ) Category No. 3.
( ) Category No. 4.
( )
( )
( )
Category No. 5.
Category No.6.
Category No. 7.
10. Insurance Requirements:
(X)
(X)
(X)
( )
(X)
03/16/2005
Not an FPPC Filer.
Investments and sources of income.
Interests in real property.
Investments, interest in real property and sources of income
subject to the regulatory, permit or licensing authority of the
department.
Investments in business entities and sources of income, which
engage in land development, construction or the acquisition or
sale of real property.
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.
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.
Business positions.
Statutory Worker's Compensation Insurance
Employer's Liability Insurance coverage: $1,000,000.
Commercial General Liability Insurance: $1,000,000.
Errors and Omissions insurance: None Required (included in Commercial General
Liability coverage).
Errors and Omissions insurance: $250,000 (not included in Commercial General
Liability coverage).
Three-Party Agreement
Page 22
13-29
Exhibit B
Additional Recitals
WHEREAS, it was determined by the Director of Planning and Building that staff has
neither the available time or expertise to perform the subject work; and
WHEREAS, the Applicant has deposited or will deposit funds necessary for the services
specified in Attachment "A"; and
WHEREAS, the City is in immediate need of an experi;mced environmental consultant
that is familiar with the City's policies and procedures; and
WHEREAS, the Consultant is uniquely qualified to serve as the Consultant for the
preparation of a health risk assessment based upon the fact that they are recognized experts in a
highly specialized and technical field, and their experience with projects of a similar nature
within the City of Chula Vista; and
WHEREAS, the Environmental Review Coordinator has negotiated the details of this
agreement in accordance with procedures set forth in Section 6.5.2 of the Environmental Review
Procedures.
WHEREAS, the proposed contract with ENVIRON to provide specified services would
be in an amount not to exceed $105,500.
03/16/2005
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Three-Party Agreement
Page 23
Exhibit C
Compensation Schedule and Deposit: Te=s and Conditions.
( )
Single Fixed Fee Arrangement.
Forperfo=ance of all of the General and Detailed Services ofConsuItant as herein required,
Applicant shall pay a single fixed fee in the amounts and at the times or milestones set forth below:
(X)
Single Fixed Fee Amount: $105,500
Milestone or Event
Percent and Amount
of Fixed Fee
1. Signing of this agreement by all parties and upon
the request of the consultant.
2. Submittal of Draft Phase 1 ESA*
3. Submittal of Draft Noise Report*
4. Submittal of Draft HRA, Dust, and Odor Report*
5. Submittal of Final Reports
Twenty-five Percent Contingency Fee**
10% ($10,550)
30% ($31,650)
20% ($21,100)
30% ($31,650)
10% ($10,550)
25% ($26,375)
*For purposes of payment the first draft documents shall completely address and analyze all issues
identified in the detailed scope-of-work (described in Exhibit "A", Section 5) to the satisfaction of
the Environmental Review Coordinator. Payment shall not be made until the City's Environmental
Review Coordinator dete=ines that complete screencheck documents has been submitted.
**The Environmental Review Coordinator in her discretion independently or upon request from the
Consultant, from time to time, may negotiate additional services to be perfo=ed by the Consultant
under this Agreement in order to cover unforeseen issues that may be identified during the
preparation ofthe environmental document ("Additional Services"). The cost of Additional Services
in connection with the environmental document shall not exceed 25% ofthe total contract amount
($26,375).
( ) Phased Fixed Fee Arrangement.
For the perfo=ance of each phase or portion of the General and Detailed Services of
Consultant as are separately identified in Exhibit C, under the category labeled "Phased Fixed Fee
Arrangement", Applicant shall pay the fixed fee associated with each phase of Services, in the
amounts and at the times or milestones set forth herein below ("Phase Fixed Fee Arrangement").
Consultant shall not commence Services under :any Phase, and shall not be entitled to the
0311612005
13-31
Thee-Party Agreement
Page 24
compensation for a Phase, unless Applicant shall have issued a notice to proceed to Consultant as to
said Phase.
( ) Time and Materials -
For performance of the General and Detailed Services of Consultant as herein required,
Applicant shall pay Consultant for the productive hours of time and material spent by Consultant in
the performance of said Services, at the rates or amounts set forth hereinbelow according to the
following terms and conditions:
( )
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 General
and Detailed Services herein required of Consultant for - including all Materials and other
"reimburseables" ("Maximum Compensation"). The City will also receive a standard administrative
fee amounting to 10% of the contract.
(X)
Limitation without Further Authorization on Time and Materials Arrangement
At such time as Consultant shall have incurred time and materials equal to $105,500
("Authorization Limit"), Consultant shall not be entitled to any additional compensation without
further authorization issued in writing and approved by the City Council, except for additional work
not exceeding a cost of $26,375 (contingency reserve) as specified in Exhibit "C" and allowed
pursuant to Section 3.2.1 of this contract. Nothing herein shall preclude Consultant ffom providing
additional Services at Consultant's own cost and expense.
03/16/2005
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Three-Party Agreement
Page 25
CONSULTANT RATE SCHEDULE
Technical categories and current rates for staff anticipated to work on this contract are provided
below.
Category:
Principal
Manager 10
Manager 9
Manager 8
Sr. Associate 7
Sr. Associate 6B
Associate 6
Associate 5
Associate 4
Associate 3
Draftsperson
Staff Assistant
Support
Rate
$/hr.
225
180
165
145
130
120
110
100
90
70
70
55
55
Materials Separately Paid For by Applicant-
( ) Materials
Reports
Copies.
( ) Travel
( ) Printing
( ) Postage
( ) Delivery
( ) Long Distance Telephone Charges
( ) Other
----------------------- ------------
Deposit
Cost or Rate
NA
NA
NA
NA
NA
NA
NA
Deposit Amount: $105,500 - As agreed to by the Applicant, 100% of the Deposit
($105,500) is to be made by ACI Sunbow, LLC, Applicant agrees to deposit within 10 days
if City requests to do so, a sum (estimated to be up to $3,000) for additional materials
separately paid for by the Applicant, and up' to $26,375 if additional services are required
(X)
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Three-Party Agreement
Page 26
(X)
Use of Deposit to Pay Consultant.
Notwithstanding the sole duty and liability of Applicant to pay Consultant, if this paragraph is
"checked", upon City's receipt of billing by Consultant, and detennination by City in good faith that
Consultant's billing is proper, a judgment for which Applicant agrees to hold City harmless and
waive any claim against City, City shall pay Consultant's billing from the amount of the Deposit. If
Applicant shall protest the propriety of a billing to City in advance of payment, City shall consider
Applicant's protest and any evidence submitted prior to the due date for the payment of said bill by
Applicant in making its good faith determination of propriety.
( )
Use of Deposit as Security Only; Applicant to Make Billing Payments.
Upon determination by City made in good faith that Consultant is entitled to compensation
which shall remain unpaid by Applicant 30 days after billing, City may, at its option, use the Deposit
to pay said billing.
----------------------------------
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Three-Party Agreement
Page 27
(X) Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
( ) Monthly
( ) Quarterly
(X) Other: Completion of Milestone to the satisfaction of the Environmental Review
Coordinator
B.
Day of the Period for subrnission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
( ) End of the Month
(X) Other: Completion of Milestone
C.
City's Account Number: To be assigned after agreement is processed.
D.
Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
( ) Retention. If this space is checked, then notwithstanding other provisions to
the contrary requiring the payment of compensation to the Consultant sooner,
the City shall be entitled to retain, at their option, the following Retention
Percentage until the City determines that the Retention Release Event, listed
below, has occurred:
( ) Retention Percentage: -
( ) Retention Amount: $-
Retention Release Event:
( ) Completion of All Consultant Services to the satisfaction of the
Environmental Review Coordinator.
()
Other:
03/16/2005
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Three-Party Agreement
Page 28
Q
APPROXIMATELY 45 ACRES
APPROVED FOR INDUSTRIAL
( Area Under Consideration for
Multi - Family Residential)
COUNTY ZONE (A - 70)
LIMITED AGRICULTURE
-
;p
~I
CHULA VISTA
GENERAL PLAN
( PQ ) PUBLIC-QUASI
PUBLIC
Drafter: JJC
Date: 12/21/04
Sunbow Project Site
Plot Plan
Chula Vista, California
Contract Number: 04-MKYf04
"
~
"
OTAY LANDFILL \e"" g
BUFÆR ZONE ..., \ .ž
(Approximate) ...., \ ~
.' "
..' \ ~
...., \ ,;
.e \ ~
.e' \ !i!-
..' \ ¡q
....., \ .~
..' \ ~
~
0
~
FigUreli
1 ~
0
,
ENVIRON
Approved:
Revised: 1/05/05
COUNCIL AGENDA STATEMENT
Item: .14-
Meeting Date: 3/22/05
ITEM TITLE:
PUBLIC HEARING: TO NOTICE ACCEPTANCE AND
APPROPRIATION OF EDWARD BYRNE MEMORIAL
JUSTICE ASSISTANCE GRANT FUNDS.
RESOLUTION ACCEPTING $98,679 FROM
THE 2005 EDWARD BYRNE MEMORIAL JUSTICE
ASSISTANCE GRANT, AMENDING THE FY 2004/2005
POLICE DEPARTMENT SUPPLIES AND SERVICES AND
CAPITAL BUDGETS, AND APPROPRIATING FUNDS
THEREFOR.
SUBMITTED BY: Chief of Police ~
REVIEWED BY: City Manager ~t: f)cV' (4/5ths Vote: YeslLNo ->
The Police Department has recently received notice of an Edward Byrne
Memorial Justice Assistance Grant (JAG) award in the amount of $98,679 from
the Bureau of Justice Assistance (BJA). These funds were allocated to the
Police Department based on population and Part 1 violent crime statistics. Part 1
violent crimes include murder and non-negligent manslaughters, forcible rape,
robbery, and aggravated assaults as reported by the FBI. Acceptance and
appropriation of these funds requires a public hearing per stipulations of the
Justice Assistance Grant.
RECOMMENDATION: That Council conduct the public hearing and adopt the
resolution accepting $98,679 from the 2005 Edward Byrne Memorial Justice
Assistance Grant and appropriating $98,679 to the FY 2004/2005 supplies and
services and capital budgets of the Police Department.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
BACKGROUND:
Proposed to streamline justice funding and grant administration, the Edward
Byrne Memorial Justice Assistance Grant (JAG) Program allows states, tribes,
and local governments to support a broad range of activities to prevent and
control crime based on their local needs and conditions. JAG blends the
previous Byrne Formula and Local La",! Enforcement Block Grant (LLEBG)
14-1
Page 2,ltem: '4-
Meeting Date: 3/22/05
Programs to provide agencies with the flexibility to prioritize and place justice
funds where they are needed most.
GRANT REQUIREMENTS:
Federal funds from the Edward Byrne Memorial JAG Program must be used to
supplement existing funds for program activities and cannot replace, or supplant,
nonfederal funds that have been appropriated for the same purpose. The unit of
local government must provide an assurance that the application or any future
amendment was made public and an opportunity to comment was provided to
citizens and the neighborhood or community organizations to the extent
applicable law. Local match is not required with the JAG Program.
DISCUSSION:
The Police Department recommends using $14,659 of the JAG funds for the
purchase of police-related supplies and equipment to support the Operation Safe
Neighborhoods project. The Community Relations Unit will assist with the
outreach portion of the project, which will involve the area elementary schools. A
"School Watch" program will be implemented in the elementary schools, similar
to the Neighborhood Watch Program. Signs and educational material in the
amount of $4,000 are needed to implement the School Watch program. The
remaining $10,659 will be used to purchase safety equipment relating to
Operation Safe Neighborhood.
There is a need for a stand alone Automated Fingerprint Identification System
(AFIS) that would be used to search and identify criminals from our jurisdiction
and also assist in comparing complicated cases with other agencies. The
system would extract minutiae from both known inked print and latent prints for
comparison. The system would also allow the Department to manage a
database by storing all inked cards electronically, saving both costs and space.
The system provides the latest technology, giving the Department far better
accuracy and results than existing resources. The cost of an Automated
Fingerprint Identification System is $32,325.
The Department also proposes to use $51,695 of the JAG funds for the purchase
of a digital photo lab system to help manage, index, authenticate, secure, store,
print, present and archive digital photo evidence. This system was specifically
developed for police and public safety departments and will provide the
Department with digital imaging compression, printing and encryption
technologies. Other features include authentication at the pixel level, high-speed
thumbnail processing, and password protected slide shows. This type of
technology will enhance existing resources and improve efficiency of operations.
14-2
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Meeting Date: 3/22/05
FISCAL IMPACT:
Approval of this resolution will result in the one-time appropriation of $98,679 to
the FY 2004/2005 capital budget of the Police Department. The funding from the
2005 Edward Byrne Memorial Justice Assistance Grant will completely offset
these costs, resulting in no net impact to the General Fund.
14-3
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING $98,679 FROM THE 2005 EDWARD BYRNE
MEMORIAL JUSTICE ASSISTANCE GRANT, AMENDING THE
FY 2004/2005 POLICE DEPARTMENT SUPPLIES AND
SERVICES AND CAPITAL BUDGETS, AND APPROPRIATING
FUNDS THEREFOR.
WHEREAS, the Police Department has received notice of an Edward
Byrne Memorial Justice Assistance Grant award in the amount of $98,679 from
the Bureau of Justice Assistance; and
WHEREAS, these funds were appropriated based on population and Part
1 violent crime statistics for purposes stipulated by the Edward Byrne Memorial
Justice Assistance Grant program; and
WHEREAS, the City Council held a public hearing on March 22, 2005, to
notice use of the Justice Assistance Grant funding in the amount of $98,679 for
police equipment; and
WHEREAS, the Fiscal Year 2004/2005 Police budget will be amended to
add $98,679 for equipment.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of
Chula Vista does hereby accept $98,679 from the Bureau of Justice Assistance
for the Edward Byrne Memorial Justice Assistance Grant Program and amend
the FY 2004/2005 Police Department Supplies and Services and Capital budgets
and appropriat~ funds therefor.
P8ZJ fi
Approved as to form by:
------
11111.01. 1"",.,( L /J ~ :
~
City Attorney
Richard P. Emerson
Police Chief
14-4
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 3/22/05
ITEM TITLE:
Public Hearing regarding annexation of territory to Community
Facilities District No. 97-2 (preserve Maintenance District)
Resolution 2005-_of the City Council of the City of Chula
Vista, California, acting as the legislative body of Community
Facilities District No. 97-2 (Preserve Maintenance District),
making certain determinations and authorizing submittal of levy of
special taxes to the qualified electors of certain territory proposed
to be annexed to such community facilities district
City Clerk conducts Special Election
Resolution 2005-_of the City Council of the City of Chula
Vista, California, acting as the legislative body of Community
Facilities District No. 97-2 (Preserve Maintenance District),
declaring the results of a special election in that area designated as
Community Facilities District No. 97-2 (Preserve Maintenance
District), Improvement Area A, Annexation No.4, and adding
such territory to such community facilities district and
improvement area
SUBMITTED BY: Director of General Services/City Engineer 61<
REVIEWED BY:
C{(
City Manager f~ j)'t'
(4/5ths Vote: Yes- No-.X)
On February 1, 2005, the City Council initiated the Community Facilities District No. 97-
2 (Preserve Maintenance) ("CFD No. 97-2") annexation proceedings by adoption of
Resolutions 2005-033 and 2005-034. Tonight's action is the next step in the formal
proceedings to annex the territory within Village 12 (McMillin Freeway Commercial)
into Improvement Area A of CFD No. 97-2. Improvement Area A funds the costs of the
Resource Monitoring Program as well as Preserve Operations and Maintenance.
Improvement Area B only funds the Resource Monitoring Program. Special taxes levied
within Improvement Area C fund the costs of the Resource Monitoring Program as well
as Preserve Operations and Maintenance consistent with the requirements of the Otay
Ranch Resource Management Plan Phases 1 and 2. The City has retained the services of
MuniFinancial as special tax consultant and Best, Best and Krieger LLP as legal counsel
to provide assistance during the proceedings.
15-1
Page 2, Item j 50
Meeting Date 3/22/05
RECOMMENDATION: That Council:
1. Open Public Hearing and receive testimony from the public,
2. Approve the resolution making determinations and authorizing subrnittal of levy
of special taxes to the qualified electors of certain territory proposed to be
annexed to CFD No. 97-2.
3. Allow the City Clerk to conduct the Special Election. If the levy of special tax is
approved by the qualified electors; then,
4. Approve the resolution declaring the results of special election and adding such
territory designated as CFD No. 97-2, Improvement Area A, Annexation No.4 to
CFD No. 97-2, Improvement Area A.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
In July 1998, Council formed Community Facilities District No. 97-2 (Preserve
Maintenance District). CFD No. 97-2 was originally divided into two Improvement
Areas, Improvement Area A and Improvement Area B, that were designated when CFD
No. 97-2 was formed. Special taxes levied within Improvement Area A fund the costs of
the Resource Monitoring Program as well as Preserve Operations and Maintenance
within the initial boundaries of the Otay Ranch Preserve. Special taxes levied within
Improvement Area B only fund the Resource Monitoring Program within that same area.
Along with the annexation of Village 11 to CFD No. 97-2, that Village 11 territory was
designated as Improvement AreaC of CFD No. 97-2. Special taxes levied within
Improvement Area C pay for both Preserve Operations and Maintenance and the
Resource Monitoring Program consistent with the requirements of the Otay Ranch
Resource Management Plan Phases I and 2. It is necessary to annex territory into
Improvement Area A of CFD No. 97-2, as such boundaries may be modified from time to
time.
Territorv Proposed to be Annexed
The proposed boundaries of the territory proposed to be annexed to CFD No. 97-2
encompass the parcels located within Village 12 (McMillin Freeway Commercial) owned
by McMillin Otay Ranch, LLC. The proposed boundaries of the territory proposed to be
annexed to CFD No. 97-2, Improvement Area A, encompass the parcels located within
Village 12 (McMillin Freeway Commercial) owned by McMillin Otay Ranch, LLC. Otay
Ranch Town Center Planning Area 12 is proposed to be a regional freeway oriented
15-2
Page3,Item~
Meeting Date 3/22/05
commercial center and is proposed to contain approximately 960,000 square feet of
commercial use buildings on 86.1 gross and taxable. The City Council previously
approved an annexation boundary map for this territory, identified as Annexation Map
No.4, CFD No. 97-2 (Preserve Maintenance District), Improvement Area A. A reduced
copy of the map is presented in Exhibit "B".
Proposed Special Tax
The rate and method of apportionment of the special taxes authorized to be levied within
the existing boundaries of CFD No. 97-2 has four categories of taxation, as follows:
.
Developed Parcels (Single Family and Multi-Family Residences) are taxed based
on the square footage of the structure. Commercial Parcels are taxed on the
acreage of the parcel. Developed Parcels are those parcels for which a building
permit has been issued.
The Final Mapped properties which include all single family residential parcels
for which a building permit has not been issued are taxed on acreage of the parcel.
.
Property not categorized as Developed or Final Mapped Property is taxed on
acreage of the parcel.
.
The Exempt Category includes all publicly owned parcels and Homeowner's
Association parcels.
The Rate and Method of Apportionment for Annexation No.4 uses the same
methodology and maximum special tax rates as contained in the original rate and method
of apportionment approved at the time off ormation of CFD No. 97-2 in 1998.
Collection of Taxes
At the beginning of each fiscal year the administrator of CFD No. 97-2 shall determine
the amount of the Special Tax Liability (budget plus reserve) of each Improvement Area.
Then, the special taxes will first be levied within each of the Improvement Areas on the
Residential Developed Parcels therein to fund the Special Tax Liability for such
Improvement Area. If this pool of funds is not enough to fund the Special Tax Liability
for such Improvement Area, as may be the case in the early years of development, CFD
No. 97-2 will levy the special tax on the vacant land within such Improvement Area
starting with Final Mapped Property. The buffer of having the vacant land covering any
portion of the Special Tax Liability not funded from special taxes levied on Residential
Developed Parcels within an Improvement Area will disappear once the Improvement
Area has been fully developed. If the Special Tax Liability for any fiscal year for an
Improvement Area is less than the maximum special tax authorized to be levied on the
15-3
Page 4, Item ~
Meeting Date 3/22/05
Developed Parcels within such Improvement Area, the actual rate of the special taxes to
be levied on such Developed Property in that specific year will be reduced accordingly.
Following is a brief discussion of some key issues regarding the "Rate and Method of
Apportionment (RMA) of Special Taxes" proposed to be established for territory
proposed to be annexed to CFD No. 97-2, Improvement Area A: (See Exhibit "A" for full
description ofRMA): .
'The Maximum Special Tax Rates increases each year by a factor equal to the
lesser of the annual percentage change in the January to January San Diego
Metropolitan Area all Urban Consumer Price Index (All Items) or the annual
percentage change in the estimated California Fourth Quarter Per Capita Personal
Income as contained in the Governor's Budget published every year.
The RMA provides that the annual budget for any year may include an amount
deemed necessary to maintain an adequate level of this operating reserve fund.
'The maximum special tax rates are based on the original Rate and Method of
Apportionment of special taxes established for CFD No. 97-2 when CFD No. 97-
2 was formed. If the actual square footage of development within Improvement
Area A meets or exceeds the projections on which the special tax rates were
based, the actual special tax rate necessary to be levied annually within
Improvement Area A to fund the Special Tax Liability for Improvement Area A
may be less than the authorized maximum special tax.
Proposed Maximum Special Taxes
The proposed maximum and actual special tax rates for fiscal year 2004/05 for
Improvement Area A of CFD No. 97-2 are as follows:
Special Tax Category
Special Tax'Category
Maximum Special Tax
0 erations & Maintenance
$0.0090
$145.9707
145.9707
$94.2100
15-4
Page 5, Item IS
Meeting Date 3/22/05
Resolution
There are two resolutions on today's agenda, which, if adopted, will accomplish the
following:
The RESOLUTION MAKING DETERMINATIONS is the formal action of the City
Council making certain findings and determinations pertaining to the annexation of
Village 12 (McMillin Freeway Commercial) to CFD No. 97-2, Improvement Area A, and
authorizes the electors of such territory to vote on the authorization to levy special taxes
within such territory.
The City Clerk, acting as the designated election official, will hold a special election
within the territory proposed to be annexed to CFD No. 97-2, Improvement Area A, on
March 22, 2005, at which time the qualified electors of such territory, being the owners
of land within such territory, will be entitled to vote on a ballot proposition to authorize
the levy of the special taxes described above within such territory.
The RESOLUTION DELARING RESULTS OF SPECIAL ELECTION is the formal
action of the City Council declaring the results of the special election and, if the levy of
such special tax is approved by the qualified electors, ordering the annexation of Village
12 (McMillin Freeway Commercial) to Improvement Area A ofCFD No. 97-2.
FISCAL IMPACT
All costs of the annexation to the district are being borne by the developers and the on-
going administration of the CFD will be funded entirely by CFD No. 97-2. The City will
receive the full cost for staff time involved in the annexation from the developer and full
cost of staff time for administration ofCFD No. 97-2 from the CFD, in perpetuity.
Exhibits:
"A" Rate and Method of Apportionment
"B" Annexation Map
jo\Eogio'erIAGENDA\CAS2005\3-22-05\97-2 Annexotion 4.doc
15-5
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, ACTING AS THE
LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 97-2 (PRESERVE MAINTENANCE
DISTRICT), MAKING CERTAIN DETERMINATIONS AND
AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES
TO THE QUALIFIED ELECTORS OF CERTAIN TERRITORY
PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES
DISTRICT NO. 97-2 (PRESERVE MAINTENANCE I;>ISTRICT)
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA. CALIFORNIA (the
"City Council:'), ,has previously declared its intention and held and conducted proceedings
relating to the annexation of territory to an improvement area in an existing community facilities
district pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of
1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Gove=ent Code of the State of
California, and specifically Article 3.5 thereof (the "Act") and the City of Chula Vista
Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of
Chula Vista under Sections 3,5 and 7 of Article XI of the Constitution of the State of California
(the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community
Facilities District Law"). The existing Community Facilities District has been designated as
COMMUNITY FACILITIES DISTRICT NO. 97-2 (pRESERVE MAINTENANCE DISTRICT)
(the "District") and the improvement area has been designated as IMPROVEMENT AREA "A"
("Improvement Area 'A"'); and,
WHEREAS, notice of a public hearing relating to the annexation of territory to
Improvement Area "A", the extent of the territory to be annexed, the furnishing of certain public
services and all other related matters has been given; and,
WHEREAS, the area proposed to be annexed is known and designated as COMMUNITY
FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT),
IMPROVEMENT AREA"A", ANNEXATION NO.4 (the "Annexation Area"); and,
WHEREAS, it has now been determined that written protests have not been received by
50% or more of the registered voters residing either within the Annexation Area or Improvement
Area "A" and/or property owners representing more than one-half (1/2) or more of the area of
land within the Annexed Area or within Improvement Area "A"; and,
WHEREAS, inasmuch as there have been less than twelve (12) persons registered to vote
within the Annexation Area for each of the 90 preceding days, this legislative body desires to
submit the levy of the required special tax to the landowners of the Annexation Area, said
landowners being the qualified electors as authorized by law.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. Recitals The above recitals are all true and correct.
RVPUBIMUM\682256.!
I
15-6
SECTION 2. Determinations It is determined by this City Council that:
(a)
(b)
(c)
(d)
(e)
(f)
all proceedings prior hereto were valid and taken in conformity with the
requirements of law, and specifically the provisions of the Community
Facilities District Law, and this finding is made pursuant to the provisions
and authorization of Section 53325.1 of the Government Code of the State
of California;
the annexation of the Annexation Area to Improvement Area "A" as
proposed conforms with the City of Chula Vista Statement of Goals and
Policies Regarding the Establishment of Community Facilities Districts;
less than twelve (12) registered voters have resided within the Annexation
Area for each of the ninety (90) days preceding the close of the public
hearing and, consequently, the qualified electors shall be the landowners
of the Annexation Area and each landowner who is the owner of record as
of the close of the public hearing, or the authorized representative thereof,
shall have one vote for each acre or portion of an acre of land that she or
he owns within the Annexation Area;
the time limit specified by the Community Facilities District Law for
conducting an election to submit the levy of the special taxes to the
qualified electors of the Annexation Area and the requirements for
impartial analysis and ballot arguments have been waived with the
unanimous consent of the qualified electors of the Annexation Area;
the City Clerk, acting as the election official, has consented to conducting
any required election on a date which is less than 125 days following the
adoption of any resolution annexing the Annexation Area to the District;
and
the public seryices proposed to be financed from the proceeds of special
taxes to be levied within the Annexation Area are necessary to meet
increased demands placed upon the City as a result of development and/or
rehabilitation occurring in the Annexation Area.
SECTION 3. Boundaries Of Annexed Area The boundaries and parcels of land the
Annexation Area and in which the public services are to be provided and on which special taxes
will be levied in order to pay the costs and expenses for such public services are generally
described as follows:
All that property and territory proposed to be annexed to
Improvement Area "A" of the District, as said property is shown
on a map as previously approved by this legislative body, said map
designated by the number of the annexation and the name of the
District and Improvement Area "A," a copy of which is on file in
the Office of the City Clerk and shall remain open for public
inspection.
RVPUBIMUM\682256.1
2
15-7
SECTION 4. Description Of Services The services that are authorized to be financed
from the proceeds of special taxes levied within Improvement Area "A" of the District are
certain services which are in addition to those services provided in or required for the territory
within Improvement Area "A" and will not be replacing services already available. A general
description of the services authorized to be fmanced by Improvement Area "A" is as follows:
The monitoring, maintenance, operation and management of public -
property in which the City has a property interest and which
confonns to the requirements of the Ordinance or private property
within the Otay Ranch Preserve which is required by the Preserve
Owner/Manager to be maintained as open space or for habitat
maintenance or both. Such property may be located outside the
boundaries of the District and outside the jurisdictional boundaries
of the City of Chula Vista. Such services shall not include the
maintenance, operation and/or management of any property
owned, maintained, operated and/or managed by the feélèra¡~d!O1;
state government as open space, habitàt maintenài1cc'. ånd/òr.. fcir
any other purpose.
The District shall fmance all direct,. administrative and incidental annual costs and
expenses necessary to provide such monitoring, maintenance, operation and management of such
public property.
The same types of services which are authorized to be fmanced by the District from the
proceeds of special taxes levied within Improvement Area "A" are the types of services to be
provided in the Annexation Area. If and to the extent possible such services shall be provided in
common with Improvement Area "A" and the Annexation Area.
SECTION 5. Special Tax Except where funds are otherwise available, a special tax
sufficient to pay for such services to be provided in the Annexation Area, secured by recordation
of a continuing lien against all non-exempt real property in the Annexation Area will be levied
annually within the boundaries of the Annexation Area. For particularsas.to..therate and method
of apportionment of the proposed special tax, reference is' made to the attàched and incorporated
EXhibit "A" which sets forth in sufficient detail the method of äpportïòilinerit to allow each
landowner or resident within the Annexation Area to clearly estimate the maximum amount of
the special tax that such person will have to pay.
The special taxes shall be collected in the same manner as ad valorem property taxes and
shall be subject to the same penalties, procedure, sale and lien priority in any case of
delinquency, as applicable for ad valorem taxes; however, as applicable, this City Council may,
by resolution, establish and adopt an alternate or supplemental procedure as necessary. Any
special taxes that may not be collected on the County tax roll shall be collected through a direct
billing- procedure by the Treasurer of the City of Chula Vista, acting for and on behalf of the
District.
SECTION 6. Election The proposition related to the levy of the special tax shall be
submitted to the qualified electors of the Annexation Area, said electors being the landowners,
RVPUBIMUM\682256.1
3
15-8
with each landowner having one (I) vote for each acre or portion thereof of land which he or she
owns within said annexed territory. The special election shall be held on March 22, 2004, and
said election shall be a special election to be conducted by the City Clerk (hereinafter "Election
Official"). If the proposition for the levy of the special tax receives the approval of more than
two-thirds (2/3) of the votes cast on the proposition, the special tax may be levied as provided for
in this Resolution.
SECTION 7. Ballot The ballot proposal to be submitted to the qualified voters at the
election shall generally be as follows:
PROPOSITION A
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 97-2,
IMPROVEMENT AREA "A" ANNEXATION NO.4
Ã1!THQR.J;~,ÜION FOR SPECIAL TAX LEVY
Shall Community Facilities District No. 97-2 (Preserve Maintenance District) of the City
of Chula Vista be authorized to levy special taxes 'within the territory identified as Annexation
No.4 to Improvement Area "A" of such District pursuant to the rate and method of
apportionment of special taxes (the "Special Tax Formula") set forth in Resolution No. to
finance the authorized services and administrative expenses and to fund and replenish a reserve
fund, all as provided for in the Special Tax Formula?
SECTION 8. Vote The appropriate mark placed in the line before the word "YES" shall
be counted in favor of the adoption of the proposition, and the appropriate mark placed in the
line before the word "NO" in the manner as authorized, shall be counted against the adoption of
said proposition.
SECTION 9. Election Procedure This City, Council ];lereby authorizes the Election
Official to take any and all stéps nècessai)! to!: tb£holding of s'aid election and ratifies any such
steps previously takenby,such E!P.ctign Official which were neces.sary for the holding of such
election. Said Election Offièial'shall perfomiànd render all services and proceedings incidental
to and connected with the conduct of said ele¿tion, and said services shall include, but not be
limited to the following:
(a)
Prepare and furnish to the election officers necessary election supplies for
the conduct ofthe election.
(b)
Cause to be printed the requisite number of official ballots, tally sheets
arid other necessary forms.
(c)
Furnish and address official ballots for the qualified electors of the
Community Facilities District.
RVPUBIMUM\682256.!
4
15-9
. "
-"--.'--.-., .
(d)
(e)
(f)
(g)
(h)
(i)
_.~
(j)
PREPARED BY:
Cause the official ballots to be mailed and/or delivered, as required by
law.
Receive the returns of the election.
Sort and assemble the election material and supplies in preparation for the
canvassing of the returns.
Canvass the returns of the election.
Furnish a tabulation of the number of votes given in the election.
Make all arrangements and take the necessary steps to pay all costs of the
election incurred as a result of services performed by the District and pay
costs and expenses of all election officials.
Conduct. and handle all other matters relating to the proceedings and
conduct of the election in the manner and form as required by law.
APPROVED AS TO FORM BY:
~l. r /UL
Moore
City Attorney
Jack Griffin
Director of General Services
'.-
RVPUBIMUM\682256.l
5
15-10
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY
OF COMMUNITY FACILITIES DISTRICT NO. 97-2 (pRESERVE
MAINTENANCE DISTRICT), DECLARING THE RESULTS OF A SPECIAL
ELECTION IN THAT AREA DESIGNATED AS COMMUNITY FACILITIES
DISTRICT NO. 97-2 (pRESERVE MAINTENANCE DISTRICT),
IMPROVEMENT AREA "A", ANNEXATION NO.4 AND ADDING SUCH
TERRITORY TO SUCH IMPROVEMENT AREA
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the
"City Council"), has previously undertaken proceedings to annex certain property to an existing
Community Facilities District and Improvements Area therein pursuant to the te=s and
provisions of the "MellocRoos Community Facilities Act of 1982," being Chapter 2.5, Part 1,-
Division 2, Title 5 of the Government Code of the State of California (the "Act") :mdthe City of
Chula Vista Community Facilities District Ordinance enacted pursuant to the' pow~FÙesêi:veG'by
the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of
California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the
"Community Facilities District Law"). This Community Facilities District is referred to as
COMMUNITY FACILITIES DISTRICT NO. 97-2 (pRESERVE MAINTENANCE
DISTRICT), IMPROVEMENT AREA "A", ANNEXATION NO.4 (the "Annexation Area");
and,
WHEREAS, this City Council did call for and order to be held an election to submit to
the qualified electors of the Annexation Area a proposition relating to the levy of special taxes
within the Annexation Area; and,
WHEREAS, at this time said election has been held and the measures voted upon and
each such measure did receive the favorable 2/3's vote of the qualified electors, and this City
Council desires to declare the results of the election in accordance with the provisions of the
Elections Code of the State of California and to order that the Annexation Area be added to, .
Improvement Area "A" . . '.".',
---,,---,- .
- .
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), DOES HEREBY
RESOLVE, DECLARE, FIND, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
SECTION 2. This City Council hereby receives and approves the CERTIFICATE OF
ELECTION OFFICIAL AND STATEMENT OF VOTES CAST, as submitted by the City Clerk,
acting in her capacity as the Election official, said Statement setting forth the number of votes
cast in the election, the measures voted upon, and the number of votes given for and/or against.
the measures voted upon. A copy of said Certificate and Statement is attached hereto, marked
Exhibit "A", referenced and so incorporated.
RVPUB\MUM\689324,!
15-111
SECTION 3. The City Clerk is hereby directed, pursuant to the provisions of the
Elections Code of the State of California, to enter in the minutes the results of the election as set
forth in said STATEMENT OF VOTES CAST.
SECTION 4. This City Council does hereby determine and declare that the Annexation
Area is now added to and becomes a part of Improvement Area "A" of the District. The City
Council hereby further determines that the City Council is now authorized to levy the special
taxes within the Annexation Area as approved and authorized by the qualified electors of the
Annexation Area.
PREPARED BY:
APPROVED AS TO FORM BY:
/2~11 fÆJ--L-
./,At1TI Moore
.;vÓWAttomey
Jack Griffm
Director of General Services
-.
RVPUB\MUM\689324.1
2
15-12
EXHIBIT "A"
CERTIFICATE OF ELECTION OFFICIAL
AND STATEMENT OF VOTES CAST
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
)
) ss.
)
The undersigned, ELECTION OFFICIAL OF THE CITY OF CHULA VISTA, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the
provisions of Section 53326 of the Government Code and Division 12, commencing with Section
17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast
atth~..'. .-'.
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 97-2
(pRESERVE MAINTENANCE DISTRICT)
- IMPROVEMENT AREA "A"
ANNEXATION AREA NO.4
SPECIAL ELECTION
in said City, held March 22,2005.
I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast
in said District in said City, and the whole number of votes cast for the Measures in said District
in said City, and the totals of the respective columns and the totals as shown for the Measures are
full, true and correct.
TOTAL NUMBER OF VOTES CAST:
VQTES CAST'ON PROPOSITI°1:!" A:
1.
II.
YES
NO
WITNESS my hand and Official Seal this
RVPUBIMUM\689324.1
day of
,2005.
CITY CLERK
ELECTION OFFICIAL
CITY OF CHULA VISTA
STATE OF CALIFORNIA
3
15-13
EXHIBIT A .
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 97-2, ANNEXATION NO.4
RATE AND METHOD OF APPORTIONMENT
IMPROVEMENT AREA A
(Village 12, McMillin Freeway Commercial)
A Special Tax of Community Facilities District No. 97-2 (preserve Maintenance District) of
the City of Chula Vista ("CFD") shall be levied on all Assessor's Parcels in Improvement Area
A, Annexation No.4, of the CFD and collected each Fiscal Year commencing in Fiscal Year
2005-06 in an amount determined through the application of the rate and method of
apportionment of the Special Tax set forth below. All of the real property in the CFD, unless
exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent
and in the_~=e.1:þ,~reinprovided.
A.
DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor's Parcel as shown on an
Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map,
the land area shown on the applicable Final Subdivision Map, other final map, other
parcel map, other condominium plan, or functionally equivalent map or instrument
recorded in the Office of the County Recorder. The square footage of an Assessor's
Parcel is equal to the Acreage multiplied by 43,560.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being
Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of
California.
"Administrative Expenses" means the actual or estimated costs incurred by the City,
acting for .and .on behalf of the CFD as the administrator thereof, to determine, levy
an:ci collect the Special Taxes, including salaries of City employees and a proportionate
amount of the City's general administrative overhead related thereto, and the fees of
consultants and legal counsel providing services related to the administration of the
CFD; the costs of collecting installments of the Special Taxes; and any other costs
required to administer Area A of the CFD as determined by the City.
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an
assigned assessor's parcel number.
City ofChula Vista
CFD No. 97-2, Annexation No.4, fA A, Village 12 (McMillin Freeway Commercialj
12/14/04
Page 1
15-14
"Assessor's Parcel Map" means an official map of the Assessor of the Counry
designating parcels by assessor's parcel number.
"Building Square Foot or Square Footage" means the square footage as shown on an
Assessor's Parcel's building permit of Residential Property excluding garages or other
structures not used as living space.
"CFD Administrator" means an official of the Ciry, or designee thereof, responsible
for determining the Special Tax Requirement and providing for the levy and collection
of the Special Taxes.
"CFD" means Community Facilities District No. 97-2 of the City of Chula Vista.
"City" means the Ciry of Chula Vista.
"City Clerk" means the City Clerk for the City of Chula Vista or his or her designee.
"Ciry Manager" means the City Manager for the City of Chula Vista or his or her
designee.
"Community Purpose Facility Property" or "CPF Property" means all Assessor's
Parcels which are classified as community purpose facilities and meet the requirements
of City of Chula Vista Ordinance No. 2452.
"Council" means the City Council of the City of Chula Vista, acting as the legislative
body of the CFD.
"Counry" means the County of San Diego, California.
"Developed Property" means all Taxable Property for which a building permit was
issued prior to the March 1st preceding the Fiscal Year in which the Special Tax is
being levied.
"Final Map Property" means a single family residential lot created by a Final
Subdivision Map, but which is not classified as Developed Property.
"Final Subdivision Map" means a subdivision of property creating single family
residential buildable lots by recordation of a final subdivision map or parcel map
pursuant to the Subdivision Map Act (California Government Code Section 66410 et
seq.), or recordation of a condominium plan pursuant to California Civil Code 1352,
that creates individual lots for which building permits may be issued without further
subdivision and is recorded prior to March 1 preceding the Fiscal Year in which the
Special Tax is being levied.
City ofChula Vista
CFD No. 97-2, Annexation No.4, IA A, Village 12 (McMillin Freeway Commercial)
12/14/04
Page 2
15-15
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Improvement Area A" or "Area A" means Improvement Area A of the CFD, as
identified on the boundary map for the CFD as amended from time to time.
"Land Use Class" means any of the classes listed in Table 1, Table 2, or Table 3.
"Maximum Special Tax" means the maximum Special Tax, determined in accordance
with Section C below that may be levied in any Fiscal Year on any Assessor's Parcel of
Taxable Property.
"Non-Residential Property" means all Assessor's Parcels of Developed Property for
which a building permit(s) has been issued for a structure or structures for non-
residential use.
"Operating Fund" means a fund that shall be maintained within the CFD for each
Fiscal Year to pay for Resource Monitoring and/or Preserve Operations and
Maintenance activities and Administrative Expenses.
"Operating Fund Balance" means the amount of funds in the Operating Fund at the
end of the preceding Fiscal Year.
"Operating Fund Requirement" means for any Fiscal Year an amount equal to the
Resource Monitoring Fund Requirement and the Preserve Operations and
Maintenance Fund Requirement for the current Fiscal Year in which Special Taxes are
levied.
"Preserve Operations and Maintenance" means those activities described in
Attachment A hereto which is incorporated herein by this reference.
"Preserve Operations and Maintenance Fund Requirement" means for any Fiscal
Year an amount equal to the budgeted costs for Preserve Operations and Maintenance
plus a pro-rata share of the budgeted Administrative Expenses of the District for the
current Fiscal Year in which Special Taxes are levied.
"Property Owner Association Property" means any property within the boundaries
of Area A of the CFD that is owned by, or irrevocably dedicated as indicated in an
instrument recorded with the County Recorder to, a property owner association,
including any master or sub-association.
"Public Property" means any property within the boundaries of Area A of the CFD
that is, at the time of the CFD formation, expected to be used for any public purpose
City of Chula Vista
CFD No. 97-2, Annexation No.4, fA A, Village 12 (McMillin Freeway Commercial)
12/14/04
Page]
15-16
and is owned by or dedicated to the federal government, the State, the County, the
City or any other public agency.
"Reserve Fund" means a fund that shall be maintained for the CFD each Fiscal Year
to provide necessary cash flow for the first six months of each Fiscal Year, working
capital to cover monitoring, maintenance and repair cost overruns and delinquencies in
the payment of Special Taxes and a reasonable buffer to prevent large variations in
annual Special Tax levies.
"Reserve Fund Balance" means the amount of funds in the Reserve Fund at the end of
the preceding Fiscal Year.
"Reserve Fund Requirement" means an amount equal to up to 100% of the
Operating Fund Requirement for any Fiscal Year.
"Residential Property" means all Assessor's Parcels of Developed Property for which
a building permit(s) has been issued for purposes of constructing one or more
residential dwelling unit.
"Resource Management Plan" means the Otay Ranch Phase 1 Resource Management
Plan also referred to as "The Otay Ranch Resource Management Plan" dated October
28,1993, and the Otay Ranch Phase 2, Resource Management Plan dated June 4,1996,
as both such plans may be amended from time to time.
"Resource Monitoring Program" means those described in Attachment B hereto
which is incorporated herein by this reference.
"Resource Monitoring Fund Requirement" means for any Fiscal Year an amount for
Improvement Area A equal to Improvement Area A's fair share of the budgeted costs
of the Resource Monitoring Program plus a pro rata share of the budgeted
Administrative Expenses of the CFD for the current Fiscal Year in which Special
Taxes are levied. Improvement Area A's "fair share" shall be based on Improvement
Area A's percentage of the total acreage within the Otay Ranch General Development
Plan Planning Area for which a Resource Monitoring Program funding mechanism has
been established.
"Special Tax" means the Special Tax levied pursuant to the provisions of sections C
and D below in each Fiscal Year on each Assessor's Parcel of Developed Property and
Undeveloped Property in Area A to fund the Special Tax Requirement.
City ofChula Vista
CFD No. 97-2, Annexation No.4, fA A, Village 12 (McMillin Freeway CommerciaV
12/14/04
Page 4
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"Special Tax Requirement" means that amount required in any Fiscal Year for Area
A to: (i) pay the Resource Monitoring Fund Requirement, and Preserve Operations
and Maintenance Fund Requiremerlt, less the Operating Fund Balance, and (ii) pay
any amounts required to establish or replenish the Reserve Fund to the Reserve Fund
Requirement; (iii) pay for reasonably anticipated delinquent Special Taxes based on the
delinquency rate for Special Taxes levied in the previous Fiscal Year.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of Area
A of the CFD that are not exempt from the Special Tax pursuant to law or as defined
below.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not
classified as Developed Property.
City ojChu!a Vista
CFD No. 97.2, Annexation No.4, fA A, Village 12 (McMillin Freeway Commerdalj
12/14/04
Page 5
15-18
B.
ASSIGNMENT TO CATEGORIES OF SPECIAL TAX
Each Fiscal Year using the definitions above, all Taxable Property within Area A of
the CFD shall be classified as Category I, Category II, Category III or Exempt.
Developed Property, Final Map Property or Undeveloped Property, and shall be
subject to Special Taxes pursuant to Sections C and D below. Developed Property
shall be further assigned to a Land Use Class as specified in Table 1.
c.
MAXIMUM SPECIAL TAX RATE
Category I
Category I includes Developed Property within the District ("Category I").
The Maximum Special Tax for Resource Monitoring, and Preserve Operations and
Maintenance for Fiscal Year 2004-05 on Developed Property are the rates set forth in
Table 1 below. For Residential Property, the Special Tax shall be levied based upon
Building Square Footage and for Non-Residential Property shall be levied based on
Acreage.
TABLE 1
Maximum Special Tax for Category I
Community Facilities District No. 97-2
Improvement Area A
(Fiscal Year 2004-05)
Description Resource Operation &
Monitoring Maintenance
Residential $0.0057 $0.0090
Non-Residential $91.9458 $145.9707
Category II
Category II includes each Assessor's Parcel of Taxable Property within the District for
which a Final Map has been recorded, but which is not classified as a Developed Parcel
("Category II").
The Maximum Special Tax for Resource Monitoring, and Preserve Operations and
Maintenance approved for Fiscal Year 2004-05 on each Assessor's Parcel in Category II
City ofChula Vista
CFD No. 97-2, Annexation No.4, fA A, Village 12 (McMillin Freeway Commercial)
12/14/04
Page 6
15-19
is the rate set forth in Table 2 below (said amount to be levied pro rata for any portion
of an Acre).
TABLE 2
Maximum Special Tax for Category II
Community Facilities District No. 97-2
Improvement Area A
(Fiscal Year 2004-05)
Category III
Category III includes each Parcel of Taxable Property within the District not subject
to Special Tax under any other category ("Category III").
The Maximum Special Tax approved for Fiscal Year 2004-05 on Taxable Property
within Category III is the rate set forth in Table 3 below (said amount to be levied pro
rata for any portion of an Acre).
TABLE 3
Maximum Special Tax for Category III
Community Facilities District No. 97-2
Improvement Area A
(Fiscal Year 2004-05)
Exempt Category
The Exempt Category includes each property owned, conveyed or irrevocably offered
for dedication to a public agency, or land which is in the public right-of-way,
unmanned utility easements which make utilization for other than the purpose set
forth in the easement impractical, common areas, private streets and parks, and open
space lots ("Exempt Category").
City of Chula Vista
CFD No. 97-2, Annexation No.4, fA A, Village 12 (McMillin Freeway Commercial)
12/14/04
Page 7
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Special Cases
In some instances an Assessor's Parcel of Developed Property may contain more than
one Land Use Class and be considered" Special Case". The Maximum Special Tax that
may be levied on an Assessor's Parcel identified as Special Case shall be the sum of the
Maximum Special Tax levies that may be levied on all Land Use Classes located on that
Assessor's Parcel. The CFD Administrator's shall determine the allocation to each
Land Use Class.
Annual Escalation of Maximum Special Tax
The Maximum Special Tax as shown in the tables above that may be levied on each
Assessor's Parcel in Area A shall be increased each Fiscal Year beginning in Fiscal Year
2005-06 for Annexation No.4 and thereafter by a factor equal to the lesser of the
annual percentage change in the January to January San Diego Metropolitan Area all
Urban Consumer Price Index (All Items) or the annual percentage change in the
estimated California Fourth Quarter Per Capita Personal Income as contained in the
Governor's Budget published every year.
D.
METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2005-06, and for each following Fiscal Year, the
Council shall levy the Area A Special Tax at the rates established pursuant to steps 1
through 4 below so that the amount of the Special Tax levied equals the Special Tax
Requirement. The Special Tax shall be levied each Fiscal Year as follows:
Step 1: Determine the revenue which could be generated by Parcels assigned to
Category I by multiplying the Building Square Footage for Parcels classified as
Residential Parcels by the Maximum Special Tax per Building Square Foot for
Resource Monitoring, and Preserve Operations and Maintenance for Parcels and
adding to that the maximum revenue which could be generated by multiplying the
total acres for Parcels classified as Non-Residential Parcels by the Maximum Special
Tax per Acre for Resource Monitoring and Preserve Operations and Maintenance.
Step 2: If the total revenue as calculated in Step 1 is greater than the estimated Special
Tax Liability for Improvement Area A, reduce the Special Tax for each Parcel
proportionately so that the Special Tax levy for the Fiscal Year is equal to the Special
Tax Liability for the Fiscal Year.
Step 3: If the total revenue as calculated in Step 1 is less than the Special Tax Liability
for Improvement Area A, a Special Tax shall be levied upon each Parcel within
City ofChula Vista
CFD No. 97-2, Annexation No.4, fA A, Village 12 (McMillin Freeway Commercial)
12/14/04
Page 8
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Improvement Area A, classified as Category II. The Special Tax for Parcels assigned to
Category II shall be calculated as the lesser of:
(i)
The Special Tax Liability for Improvement Area A as determined by the
City, less the total revenue generated for all Parcels under Step 1 above,
divided by the total Acres for all Parcels within Improvement Area A
assigned to Category II,
OR
(ii)
The Maximum Special Tax rate for Parcels assigned to Category II.
Step 4: If the total revenue as calculated in Step 1 and 3 is less than the Special Tax
Liability, for Improvement Area A, a Special Tax shall be levied upon each Parcel
within Improvement Area A classified as Category ill. The Special Tax for Parcels
assigned the Category III shall be calculated as the lesser of:
(i)
The Special Tax Liability for Improvement Area A as determined by the
City, less the total revenue generated for all Parcels under Step 1 and 3
above, divided by the total Acres for all Parcels within Improvement
Area A assigned to Category III,
OR
(ii)
The Maximum Special Tax rate for Parcels assigned to Category III and
within Improvement Area A.
However, in the event it is determined that the Special Tax Liability for Improvement
Area A includes delinquent Special Taxes from Parcel in Category III from the prior
Fiscal Year, the City shall determine the amount of delinquent taxes that arose from
such Parcels and identify the owner(s). The amount of delinquent Special Taxes, if any,
that arose from the applicable owner(s) shall first be divided by the total Category III
Acres owned by such owner(s) and collected from the applicable owner(s) with the
remaining portion of the Special Tax Liability not related to delinquent Special Taxes
to be collected from all Parcels in Category III according to the procedure set forth in
the preceding paragraph.
Notwithstanding the above, under no circumstances will the Special Tax levied against
any Assessor's Parcel of Residential Property or Multi-Family Property for which an
occupancy permit for private residential use has been issued be increased by more than
City of Chula Vista
CFD No. 97.2, Annexation No.4, fA A, Village 12 (McMillin Freeway Commercial)
12/14/04
Page 9
15-22
ten percent annually up to the Maximum Special Tax as a consequence of delinquency
or default by the owner of any other Assessor's Parcel within Area A of the CFD.
E.
APPEALS
Any landowner or resident who pays the Special Tax and believes that the amount of
the Special Tax levied on their Assessor's Parcel is in error shall first consult with the
CFD Administrator regarding such error. If following such consultation, the CFD
Administrator determines that an error has occurred, the CFD Administrator may
amend the amount of the Special Tax levied on such Assessor's Parcel. If following
such consultation and action, if any by the CFD Administrator, the landowner or
resident believes such error still exists, such person may file a written notice with the
City Clerk of the City appealing the amount of the Special Tax levied on such
Assessor's Parcel. Upon the receipt of any such notice, the City Clerk shall forward a
copy of such notice to the City Manager who shall establish as part of the proceedings
and administration of the CFD, a special three-member Review/Appeal Committee.
The Review/Appeal Committee may establish such procedures, as it deems necessary
to undertake the review of any such appeal. The Review/Appeal Committee shall
interpret this Rate and Method of Apportionment and make determinations relative to
the annual administration of the Special Tax and any landowner or resident appeals, as
herein specified. The decision of the Review/Appeal Committee shall be final and
binding as to all persons.
F.
MANNER OF COLLECTION
Special Taxes levied pursuant to Section D above shall be collected in the same manner
and at the same time as ordinary ad valorem property taxes; provided, however, that
the CFD Administrator may directly bill the Special Tax, may collect Special Taxes at
a different time or in a different manner if necessary to meet the financial obligations
of Area A of the CFD or as otherwise determined appropriate by the CFD
Administrator.
G.
TERM OF SPECIAL TAX
Taxable Property in Area A of the CFD shall remain subject to the Special Tax in
perpetuity.
City oJChula Vista
CFD No. 97-2, Annexation No.4, fA A, Village 12 (McMillin Freeway Commercial)
12/14/04
Page 10
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Attachment A
Description of Preserve Operations and Maintenance
Preserve Operations and Maintenance includes the maintenance, operation and
management of the public or private property within boundaries of the Otay Ranch Preserve,
as such boundaries may be modified from time to time, required by the Resource
Management Plan to be maintained as open space or habitat preservation land or both. Such
maintenance, operations and management shall include, but not be limited to, the following:
Preserve Maintenance. Development, implementation and ongoing provision of
programs to maintain, operate and manage preserve habitat values through: cultivation,
irrigation, trimming, spraying, fertilizing, and/or treatment of disease or injury; removal of
trimmings, rubbish, debris and other solid waste; maintenance of trails; removal and control
of exotic plant species (weeds); and control of cowbirds through trapping.
Security. Development, implementation and ongoing provision of security
programs to: enforce "no trespassing" rules; curtail activities that degrade resources, such as
grazing, shooting, and illegal dumping; remove trash, litter, and other debris; control access;
prohibit off-road traffic; and maintain fences and trails.
Preserve improvements: Acquire equipment
necessary to maintain, operate and manage the open space
described above.
and/or install improvements
and habitat preservation land
The above description of the Preserve Operations and Maintenance is general in nature. The
actual maintenance, operations and management of the open space and habitat preservation
land within the Otay Ranch Preserve may be modified from time to time as necessary in
order to effectively provide such services in compliance with the requirements of the
Resource Management Plan.
Ciry of Chula Vista
CFD No. 97-2, Annexation No.4, LA A, Village 12 (McMillin Freeway Commercial)
12/14/04
Page 11
15-24
Attachment B
Description of Resource Monitoring
Implement the annual biota monitoring and reporting program consistent with the
Resource Management Plan to identify changes in the quality and quantity of preserve
resources including wildlife species, sensitive plants and sensitive habitat types.
The above description of the Resource Monitoring is general in nature. The actual
monitoring and reporting program may be modified from time to time as necessary in order
to effectively provide such services consistent with the requirements of the Resource
Management Plan.
City of Chula Vista
CFD No. 97-2, Annexation No.4, fA A, Village 12 (McMillin Freeway Commercial)
12/14/04
Page 12
15-25
U1
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2005 - 0 "If 3%
COUNCIL AGENDA STATEMENT
Item I~
Meeting Date 3/1.2/05
ITEM TITLE:
Public Hearing on Intention to Form Assessment District 2004-1 (Dixon
Drive)
Resolution Declaring the Results of the Assessment Ballot
Tabulation for Assessment District No. 2004-1 (Dixon Drive), Making
Findings Pursuant the Improvement Act of 1913 and Article XITID of the
Constitution of the State of California, and Ordering the Construction of
Improvements
SUBMITTED BY: Director of General Services ò9f
REVIEWED BY: CityManage6t9r (4/5thsVote:Yes- NoX)
Residential properties along Dixon Drive, between Naples Street and Oxford Street, are currently
without curbs, gutters, or sidewalks. Twenty-eight of the thirty-eight property owners have signed a
petition requesting that special assessment district proceedings be commenced for the purpose of
financing the construction of these improvements. Staffhas completed preliminary design and cost
estimates for this project. On January 25, 2005 Council adopted Resolutions Nos. 2005-028, 2005-
029 and 2005-030, which accepted the petition, approved the proposed boundary map and
preliminary Assessment Engineer's Report, set a public hearing and ordered the initiation of ballot
proceedings. The public hearing has been continued from March 15, 2005.
RECOMMENDATION: That Council:
1.
2.
3.
Hold the public hearing, receive testimony, and close the public hearing;
Tabulate the results of the Assessment Ballot procedure; and
Approve the resolution making findings at the public hearing pursuant to Chapter 27 of
the Improvement Act of 1913 (the "Block Act") and Article xmD of the Constitution of
the State of California ("Article XllID")
BOARDS/COMMISSIONS RECOMMENDATION:
Not applicable.
DISCUSSION:
On January 25, 2005 Council adopted Resolutions 2005-028, 2005-029 and 2005-030 (Attachment
A). Resolution 2005-028 accepted the petition requesting the formation of an Assessment District
for Dixon Drive (Naples Street to Oxford Street). Resolution 2005-029 declared the intention to
form the assessment district, approved the Preliminary Engineer's Report, ordered the installation of
improvements, set the time and place for the public hearing, and ordered the initiation of ballot
procedures. Resolution 2005-030 adopted the map showing the proposed boundaries for Assessment
District 2004-01. .
16-1
Page 2, Item ~
Meeting Date 3/22/05
The Preliminary Engineer's Report (attached) includes the preliminary assessment, which was
presented on the property owners' ballots. The total estimated construction cost, including the City's
share, is $996,808.50, of which the property owners' share is estimated to be $179,655.50 to cover
the cost of constructing the concrete driveways only.
Ballots and ballot materials were originally mailed to property owners on January 26, 2005. Due to
the cancellation of the City Council meeting on March 15, 2005, the meeting had been continued to
March 22,2005. The property owners were informed that the ballots needed to be received by the
City Clerk's office prior to 5:00 pm on March 15,2005 in order to be counted. Letters were sent to
the property owners informing them of the revised Public Hearing date.
In accordance with Article XIIID of the California Constitution, property owners may give testimony
at the public hearing or submit a new ballot. The ballots shall remain sealed until the public hearing
is closed. At that point, the ballots will be tabulated and weighed based on the financial
responsibility of the property owners. The ballot initiative will pass if 50 percent or more of the
weighted vote is in favor of establishing the district.
If the ballot initiative passes and the above resolution is adopted by Council, the Superintendent will
proceed with completion of the design process and cause the construction of the improvements in the
proposed assessment district.
Following completion of the construction of the improvements, City staff will confum the final
assessments. So long as the [mal assessments are equal to or less than the assessments approved by
the property owners pursuant to the assessment ballot procedure, no further public hearing will be
necessary. If, however, the final assessments exceed the assessments approved by the property
owners, it would be necessary for the City to conduct a further public hearing and assessment ballot
proceeding in order to authorize the levy of the assessments in such higher amounts. Following
confirmation of the final assessments, the property owners will have the option of paying any portion
of the assessments during the 30-day payoff period following acceptance of improvements and
confirmation of assessments. If assessments are not fully paid during that time, the City customarily
collects the unpaid balance on the tax roll over a period of ten years, together with interest on the
unpaid principal at the same rate as the investment earnings rate that the City receives at the time the
final assessments are set. This rate has been in the 5-7 percent rate historically. Low income
residents are offered two additional deferral options. Property owners may pay the balance of their
assessments at any time during the ten-year repayment period without penalty.
16-2
Page 3, Item ~
Meeting Date 3/22/05
FISCAL IMPACT: The total cost ofthis project is estimated to be $996,808.50. It is estimated that
property owners will repay $179,655.50 of the cost of the project over a ten-year period. Staffwill
return to Council to appropriate sufficient funds from the available balance of the Jobs to Housing
fund necessary to complete the project, as well as approve and award a construction contract.
Attachments:
1. Resolutions 2005-028, 2005-029, 2005-030
2. Preliminary Engineer's Report
3. Area Map
M:lGeneral ServiceslGS AdministrationlCouncil AgendalSTL-302 Dixon Drive Assessment DistlDixon Drive - Public Hearing Al 13 March
2005.jcm.doc
16-3
ATTACHMENj -1.--
RESOLUTION NO. 2005-028
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING A PETITION REQUESTING THE
FORMATION OF AN ASSESSMENT DISTRICT FOR DIXON
DRIVE (NAPLES STREET TO OXFORD STREET) FOR THE
PURPOSE OF FINANCING THE CONSTRUCTION OF
STREET IMPROVEMENTS
WHEREAS, staff received a petition on November 2003, initiating the formation of an
Assessment District for the construction of street improvements along Dixon Drive, from Naples
to Oxford Street; and
WHEREAS, twenty-eight of the thirty-eight property owners within the proposed district
boundaries are in favor of the district formation; and
WHEREAS, the petition complies with Section 2804 of the California Streets and
Highways Code, which requires that the petition be signed by at least sixty percent of the
area/front footage property owners; and
WHEREAS, City Council's Policy No. 2952, Participation in 1913 Block Act
Proceedings, requires that the City provide all engineering, inspection and administrative
services, as well as paying for all relocation and reconstruction of the existing roadway, if
required; and
WHEREAS, the property owners will be required to pay for the driveway aprons and the
relocation of any private improvements within the City's right-of-way; and
WHEREAS, staff conducted a public meeting and met with propertY owners on April 28,
2004, presenting the proposed improvements, financing mechanism, Assessment District
formation process, and distributed preliminary ballots; and
WHEREAS, all property owners in attendance at the public meeting were in favor of the
proposed Assessment District moving forward.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby accept the petition requesting the formation of an Assessment District for
Dixon Drive (Naples Street to Oxford Street) for the puJpose of financing the construction of
street improvements. .
Presented by
Approved as to form by
~
ervices Director
('po. 'Y\A. ~
Ann Moore
City Attorney
16-4
Resolution 2005-028
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 25th day of January, 2005, by the following vote:
AYES: Councilmembers:
NAYS: Councilmembers:
ABSENT: Councilmembers:
A TrEST:
~l t..L.u ~~ 110
Susan Bigelow, MMC, City Cl k
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
Castaneda, Davis, McCann, Rindone and Padilla
None
None
~Q~
Stephen ~a, Mayor
J
I, Susan Bigelow, City Clerk of Chula Vista, Califomia, do hereby certifY that the foregoing
Resolution No. 2005-028 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 25th day ofJanuary, 2005.
Executed this 25th day of January, 2005.
~ tL... ~(~
Susan Bigelow. MMC, City Clerk
16-5
RESOLUTION NO. 2005-029
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DECLARING THE INTENTION TO FORM
ASSESSMENT DISTRICT NO. 2004-1 (DIXON DRIVE),
APPROVING THE PRELIMINARY ENGINEER'S REPORT,
ORDERING THE INSTALLATION OF CERTAIN
IMPROVEMENTS ON DIXON DRIVE (NAPLES STREET TO
OXFORD STREET), SETTING THE TIME AND PLACE FOR A
PUBLIC HEARING AND ORDERING THE INITIATION OF
BALLOT PROCEDURES
WHEREAS, the City Council of the City of Chula Vista (the "City"), California, has
been presented and has received a petition from certaID property owners requesting the
installation of certain sidewalk improvements, together with appurtenances and appurtenant
work in connection therewith, such improvements to be installed pursuant to the provisions and
authority of the "Municipal Improvement Act of 1913" (being Division 12 of the Streets and
Highways Code of the State of California and City Council Ordinance No. 2952); and
WHEREAS, the City Council, acting in response to such petition, desires to initiate
proceedings to order the installation of the requested sidewalk improvements; and
WHEREAS, the City Council, acting in response to such petition, also desires to initiate
proceedings to fol1l1 an assessment district to pay for the project pursuant to the provisions of the
Streets and Highway Code, Article XIIID of the Constitution of the State of California ("Article
XIIID") and the "Proposition 218 Omnibus Implementation Act" (Government Code Section
53750 and fonowing - the "Implementation Act") (the Municipal Improvement Act of 1913,
Article XIIID and the Implementation Act may be referred to collectively herein as the
"Assessment Law"); and
WHEREAS, the assessment district shall be known and designated as Assessment
District No. 2004-1 (Dixon Drive) (the "Assessment District"); and
WHEREAS, there has been prepared and filed with this legislative body a report (the
"Report") of the City Engineer, acting as the Assessment Engineer, pertaining to the proposed
Assessment District as provided for in and required by the Assessment Law and the Report has
been presented to this legislative body for its consideration.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. RECITALS. The above recitals are all true and correct.
SECTION 2. DESCRIPTION OF IMPROVEMENTS. The public interest and convenience
requires, and this City Council hereby orders the insta11ation of the following public
improvements:
Curb, gutter, sidewalk and street improvements along both sides of Dixon Drive from
Naples Street to Oxford Street. More specifically, property owners shall (only) be required to
pay for driveway aprons and the relocation of private improvements in the City's right-of-way.
16-6
Resolution 2005-029
Page 2
SECTION 3. PLANS AND SPECIFICATIONS. All of the above mentioned improvements
shall be generally constructed at the grades, along the lines, between the points, and at the places
and in the manner as shown on the plans and specifications for such improvements designated by
the name and number of the Assessment District which are on fùe in the office of the Director of
Public Works. For all particulars as to the alignment of the improvements and a full and detailed
description of such improvements, referenced is hereby made to such plans and specifications.
SECTION 4. AREA OF SPECIAL BENEFIT. The improvements, in the opinion of this City
Council, will be of special benefit to the abutting and fronting properties and, subject to support
by the owners of the properties proposed to be assessed of the levy of such assessments pursuant
to the assessment ballot procedures described below, this City Council hereby makes the
expenses of such improvements assessable upon the properties within the proposed boundaries of
the Assessment District. For a general description of the Assessment District and area of special
benefit, reference is made to the map of the boundaries of the Assessment District identified as
"PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 2004-1 (DIXON DRIVE)".
A copy of such map is on file in the office of the Director of Public Works and open to public
inspection. during norma! office hours of such department.
SECTION 5. CONSTRUCTION OF THE IMPROVEMENTS. This City Council finds that the
owners of the properties within the proposed boundaries of the Assessment District have,
pursuant to Streets and Highways Code Section 5879, waived the sixty day period within which
such owners may construct such improvements. Therefore, the City Council hereby orders the
Superintendent of Streets to cause the construction of the improvements. Such order shall be
subject to the condition precedent that the owners of the properties proposed to be assessed for
the costs of such construction support, through the assessment ballot proceedings, the levy of
such assessments.
SECTION 6. AUTHORITY FOR CONSTRUCTION. All of the construction proposed shall
be done and carried through and financed pUtsuant to the applicable provisions of the Municipal
Improvement Act of 1913 and City Council Ordinance No. 2952.
SECTION 7. APPROVAL OF THE REPORT. The Report referred to herein above is adopted,
passed upon, and preliminarily approved, and contains the following:
A.
The plans and specifications for the improvements proposed to be constructed;
and
B. The Assessment Engineer's estimate of the itemized and total costs and expenses
of the construction of the improvements and of the incidental expenses in connection therewith
contained in the Report including that portion of such costs and expenses representing the special
benefit to be conferred by such improvements on those parcels within the Assessment District;
and
C. The diagram showing the Assessment District and the boundaries and dimensions of the
respective subdivisions of land within such Assessment District, as the same existed at the time
of the passage of this resolution, each of which subdivisions have been given a separate number
upon such diagram, as contained in the Report;
D. The proposed assessment upon the several subdivisions of land in the Assessment
District, in proportion to the estimated special benefits to be conferred on such subdivisions,
respectively, by the improvements to be constructed, and of the incidental expenses thereof, as
contained in the Report; and
16-7
Resolution 2005-029
Page 3
E.
A description of the improvements to be constructed.
The Report shall stand as the Report of the Assessment Engineer for the purpose of all
subsequent proceedings had pursuant to the Assessment Law.
SECTION 8. NOTICE OF PUBLIC HEARING. Notice is hereby given that a public hearing to
consider protests to the proposed assessments is hereby scheduled to be held at the City Council
meeting room of the City of Chula Vista located at 276 Fourth Avenue, Chula Vista, California
on March 15, 2005 at 6:00 p.m. As such public hearing, the City Council will hear and pass
upon objections or protests, if any, wlùch may be raised orally or in writing by any property
owner or any other interested person.
In addition, pursuant to. the provisions of the Assessment Law, each record owner of
property proposed to be assessed has the right to submit an assessment ballot in favor of or in
opposition to the proposed assessment.
Assessment ballots will be mailed to the record owner of each parcel located within the
Assessment District and subject to a proposed assessment. Each such owner may complete such
assessment ballot and thereby indicate their support for or opposition to the proposed assessment.
All such assessment ballots must be received by the City Clerk at the following address at or
before the time set for the close of the public hearing:
City Clerk, City ofChula Vista
276 Fourth Avenue
Chula Vista, California 91910
An assessment ballot received after the close of the public hearing will not be tabulated
even though the postmark on the envelope transmitting the assessment ballot is dated on or
before the date of the public hearing.
At the conclusion of the public hearing, the City Council shall cause the final tabulation
of the assessment ballots timely received. If a majority protest exists, the City Council shall not
impose an assessment within the Assessment District. A majority protest exists if, upon the
conclusion of the public hearing, assessment ballots submitted in opposition to the assessments
within the Assessment District exceed the assessment ballots submitted in favor of such
assessments. In tabulating the assessment ballots, the assessment ballots shall be weighted
according to the proportional flllancial obligation of the affected property.
SECTION 9. Order to Provide Notice. The City Clerk is hereby directed to mail or cause to be
mailed notice of the public hearing and the adoption of this and of the filing of the Report,
together with the assessment ballot materials, to the record owner of all real property proposed to
be assessed.
Presented by
Approved as to form by
~~¿-.
CA~~
Ann Moore
City Attorney
16-8
Resolution 2005-029
Page 4
PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista,
Califomia, this 25th day of January, 2005, by the following vote:
AYES: Councilmembers:
NAYS: CounciImembers:
ABSENT: Councilmembers:
Castaneda, Davis, McCann, Rindone and Padilla
None
None
ATTEST:
~.LI b-o.. ~ ~
Susan Bigelow, MMC, City Cler
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITYOFCHULA VISTA
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2005-029 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 25th day of January, 2005.
Executed this 25th day of January, 2005.
~~éL. ~\:~
Susan Bigelow, MMC, City Clerk
16-9
RESOLUTION NO. 2005-030
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING A MAP SHOWING THE
PROPOSED BOUNDARIES FOR ASSESSMENT DISTRICT
NO. 2004-1 (DIXON DRIVE)
WHEREAS, the City Council of the City of Chula Vista, California, has been presented
and has received a map showing and describing the boundaries of the area proposed to be
assessed in an assessment district under the provisions and authority of the "Municipal
Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of
California and City Council Ordinance No. 2952; said assessment district known and designated
as Assessment District No. 2004-1 (Dixon Drive) (the "Assessment District").
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
SECTION 2. A map showing the boundaries of the proposed Assessment District and lands and
property to be assessed to pay the costs and expenses of the proposed acquisition of certain
public improvements designated as "PROPOSED BOUNDARIES OF ASSESSMENT
DISTRICT NO. 2004-1 (DIXON DRIVE)" is hereby submitted, and the same is hereby
approved and adopted.
SECTION 3. The original map of the boundaries of the proposed Assessment District and one
copy thereof is to be filed in the Office of the City Clerk.
SECTION 4. A certificate shall be endorsed on the original and on at least one copy of the map
of the Assessment District, evidencing the date and adoption of this resolution, and within fifteen
days after the adoption of the resolution fixing the time and place of hearing on the formation or
extent of the Assessment District, a copy of such map shall be filed with the correct and proper
endorsements thereon with the County Recorder, all in the manner and form provided in Section
3111 of the Streets and Highways Code of the State of California.
Presented by
Approved as to form by
~~~
Ann Moore
City Attomèy
16-10
Resolution 2005-030
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 25th day of January, 2005, by the following vote:
AYES: CounciImembers:
NAYS: Councilmembers:
ABSENT: CounciImembers:
Castaneda, Davis, McCann, Rindone and Padilla
None
ATTEST:
None
4 rf2uz
~ ¿..--. 13'~ ð e -'
Susan Bigelow, MMC, City Cle
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
)
)
)
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2005-030 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 25th day of January, 2005.
Executed this 25th day of January, 2005.
~~.~
Susan Bigelow, MMC, City Cl k
16-11
ATTACHMENT 2
-
PRELIMINARY
ENGINEER'S REPORT
DIXON DRIVE SIDEWALK IMPROVEMENTS
1913ACT
ASSESSMENT DISTRICT
AD 20040 1
DECEMBER 28, 2004
.16-12
Backe:round
Dixon Drive, between Naples Street and Oxford Street in Chula Vista, is a residential
street with a 60-foot width of right-of-way and is located within the Castle Park area of
the City of Chula Vista. The Castle Park area is generally bounded by Third Avenue to
the west, Hilltop Drive to the east, Naples Street to the north, and Palomar Street to the
south. Existing improvements along Dixon Drive generally consist of asphaltic concrete
pavement with no curb-and-gutter.
In November 2003, twenty-eight Dixon Drive property owners submitted a petition to the
City requesting the initiation of proceedings to fonD an assessment district in accordance
with the Improvement Act of 1913. This district would finance the construction of the
missing curb, gutter and sidewalk and other street improvements along Dixon Drive,
from Naples Street to Oxford Street.
The City currently has a policy regarding participation in 1913 Block Act proceedings.
According to this policy, the City will provide all engineering, inspection and
administrative services at no cost to the property owners. It is the City's responsibility to
relocate or replace all existing public improvements, which would be in conflict with the
new improvements, including utilities, and costs associated with construction of the curb,
gutter and sidewalk, and street reconstruction. These costs would not be assessed to the
property owners. The property owners would be responsible to pay for all costs
associated with the driveway apron construction and any costs associated with the
relocation of private improvements (only if private improvements are located in the
public right-of-way).
2
16-13
Overall Desie:n and Cost Estimate
The project area and general location of improvements are shown on Exhibit A, the
Proposed Boundary Map for Assessment District 2004-1, Dixon Drive. The properties,
which will benefit from these improvements and would be a part of the district, are as
follows:
Address
1104 Dixon Drive
1108 Dixon Drive
1112 Dixon Drive
1118 Dixon Drive
1122 Dixon Drive
1128 Dixon Drive
1134 Dixon Drive
1138 Dixon Drive
1144 Dixon Drive
1148 Dixon Drive
1154-56 Dixon Drive
1160-62 Dixon Drive
1166 Dixon Drive
1172 Dixon Drive
1178 Dixon Drive
1184 Dixon Drive
1188 Dixon Drive
1192-94 Dixon Drive
1103 Dixon Drive
1109 Dixon Drive
1113 Dixon Drive
1119 Dixon Drive
1123 Dixon Drive
1127 Dixon Drive
1133 Dixon Drive
1137 Dixon Drive
1143 Dixon Drive
1147 Dixon Drive
1153 Dixon Drive
1155 Dixon Drive
1157-59 Dixon Drive
1161-63 Dixon Drive
1167 Dixon Drive
1173 Dixon Drive
1179 Dixon Drive
1183 Dixon Drive
1189 Dixon Drive
1195 Dixon Drive
Parcel Number
619-151-11-00
619-151-12-00
619-151-13-00
619-151-14-00
619-151-15-00
619-151-16-00
619-151-17-00
619-151-18-00
619-151-19-00
619-151-20-00
619-201-18-00
619-201-19-00
619-201-14-00
619-201-13-00
619-201-12-00
619-201-11-00
619-201-10-00
619-201-09-00
619-152-01-00
619-152-02-00
619-152-03'00
619-152-04-00
619-152-05-00
619-152-06-00
619-152-07-00
619-152-08-00
619-152-09-00
619-152-10-00
619-202-08-00
619-202-08-00
619-202-09-00
619-202-10-00
619-202-01-00
619-202-02-00
619-202-11-00
619-202-12-00
619-202-05-00
619-202-06-00
3
16-14
The improvements include reconstruction of the asphaltic concrete street, construction of
monolithic curb, gutter and sidewalk, and miscellaneous associated drainage facilities.
The sidewalk will be five feet wide and will match the existing sidewalk at the south end
of Dixon Drive. Where driveways are located, a driveway apron will be constructed to
provide a transition between the street, the sidewalk and the driveways.
Several properties have fences or walls, which will need to be relocated or reconstructed
to construct the street improvements. These improvements are summarized as follows:
Address
1108 Dixon Drive
1128 Dixon Drive
1137 Dixon Drive
1154-1156 Dixon Drive
1160-1162 Dixon Drive
Improvements
Extend private walkway to public sidewalk
Relocate existing block wall and concrete walkway at
property line
Relocate existing chain link fence at property line
Relocate existing cham link fence at property line
Relocate existing chain link fence at property line
Total construction cost for the project is estimated to be $668,999.00. This estimate is
based on the final design, but an additional 15 percent contingency amount
(approximately $100,349.80) has been added to this figure to cover construction change
orders or other unforeseen factors. City staff costs for design, inspection and associated
soil testing are estimated to be an additional $227,459.70.
Method of Apportionment
The City of Chula Vista has offered the Castle Park area property owners an incentive to
form an Assessment District for the installation of street improvements. The City would
pay for replacement of existing improvements and City staff costs related to planning,
design, surveying and construction inspection. Property owners would be required to pay
for the driveway aprons and the relocation of private improvements within the City right-
of-way. The property owners' responsibility has a total estimated cost of$179,655.50.
Costs must be apportioned to each property based on the area of the driveway aprons
along the property's frontage and any private improvement relocation within the City's
right-of-way.
4
16-15
The breakdown of construction costs among the thirty-eight properties within the district
is shown below. For each property, the square footage of driveway apron was
individually calculated. The calculation was broken into two parts: the actual driveway
and the wing area on each side of the driveway, which provides a transition between the
driveway and the sidewalk.
Address
1104 Dixon Drive
1108 Dixon Drive
1112 Dixon Drive
1118 Dixon Drive
1122 Dixon Drive
1128 Dixon Drive
1134 Dixon Drive
1138 Dixon Drive
1144 Dixon Drive
1148 Dixon Drive
1154-56 Dixon Drive
1160-62 Dixon Drive
1166 Dixon Drive
1172 Dixon Drive
1178 Dixon Drive
1184 Dixon Drive
1188-90 Dixon Drive
1192-94 Dixon Drive
1103 Dixon Drive
1109 Dixon Drive
1113 Dixon Drive
1119 Dixon Drive
1123 Dixon Drive
1127 Dixon Drive
1133 Dixon Drive
1137 Dixon Drive
1143 Dixon Drive
1147 Dixon Drive
1153-55 Dixon Drive
1157-59 Dixon Drive
1161-63 Dixon Drive
1167 Dixon Drive
1173 Dixon Drive
1179 Dixon Drive
1183 Dixon Drive
1189 Dixon Drive
1195 Dixon Drive
Parcel Number
619-151-11-00
619-151-12-00
619-151-13-00
619-151-14-00
619-151-15-00
619-151-16-00
619-151-17-00
619-151-18-00
619-151-19-00
619-151-20-00
619-201-18-00
619-201-19-00
619-201-14-00
619-201-13-00
619-201-12-00
619-201-11-00
619-201-10-00
619-201-09-00
619-152-01-00
619-152-02-00
619-152-03-00
619-152-04-00
619-152-05-00
619-152-06-00
619-152-07-00
619-152-08-00
619-152-09-00
619-152-10-00
619-202-08-00
619-202-09-00
619-202-10-00
619-202-01-00
619-202-02-00
619-202-11-00
619-202-12-00
619-202-05-00
619-202-06-00
Preliminary Cost Estimate
$3,550.00
$3,515.00
$3,690.00
$3,457.50
$3,330.00
$5,920.00
$4,000.00
$4,130.00
$4,050.00
$4,530.00
$3,535.00
$5,548.00
$5,190.00
$6,240.00
$5,270.00
$4,370.00
$3,930.00
$4,150.00
$4,000.00
$4,160.00
$4,990.00
$4,710.00
$4,410.00
$4,910.00
$4,150.00
$3,830.00
$3,980.00
$6,230.00
$6,080.00
$9,450.00
$5,480.00
$5,720.00
$5,260.00
$7,230.00
$5,590.00
$5,310.00
$5,760.00
The cosl breakdown in this Engineer's Report will be reviewed after the project has been
constructed. At that time, all quantities and costs will be known. The assessment for
each individual property cannot be increased without another ballot process.
5
16-16
CITY OF CHULA VISTA
GENERAL SERVICES DEPARTMENT \ DESIGN
COST ESTIMATE
PROJECT TITLE:
STREET IMPROVEMENTS ON DIXON DRIVE
____n BETWEËÑ ÑAPLÉi;STREET-n Ú¡Ö-nöxFöiioSTREÒ-n-
PROJECT NUMBER:
DATE:
PREPARED BY:
CHECKED BY:
:~~:¡...._......__.. ..... .. ."'D~SC;I~;I~N--.--.'_."---.'r.'Q~A~;I;"'....1-ü~;;"...... 'U~IT'..TA~OU~;'. n. n
'j....................................._.Jn_.JL.PRICE! . . n'
1 ASPHALT CONCRETE PAVEMENT AND SEAL COAT(Y)
2 CRUSHED AGGREGATE BASE (7")
3 P.C.C. MONOLITHIC CURB, GUTTER ß SIOEWALK
4 P.C.c. SLAB, 6"(DRIVEWAY)
5 P.C.C. SLAB, 6" (CROSS GUTTER)
6 PEDESTRIAN RAMP PER CVCS-25 MOD.
7 CURB INLET, L=5'
8 SEWER MANHOLE PER SDRSD S-2
9 REPAIR CRACKED PIPE, 8"(wl 8" PVC)
10 REPLACE LATERAL CONNECTION
776 TONS
1689 TONS
1527 LF
11643 SF
9M SF
2 EA.
2 EA.
3. EA.
ill LF
f1 EA.
j LS
I LS
1 LS
I LS
11 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENT
12 PAVEMENT STRIPING, MARKING AND SIGNAGE
13 TRAFFIC CONTROL
14 SURVEY WORK
15
16
17
18
$110.00
$50.00
$45.00
$20.00
$14.00
$3,000.00
$4,500.00
$5,000.00
$100.00
$3,500.00
$25,000.00
$5,000.00
$10,000.00
$100,000.00
STL -302
DECEMBER 28, 2004
CESAR MAGBUHA T
J. MONEDA
$85,360.0
$84,450.0
$68,715.0
$232,860.0
$12,614.0
. $6,000.0
$9,000.0
$15,000.0
$1,000.0
$14,000.0
$25,000.0
$5,000.0
$10,000.0
$100,000.0
NOTES:
12/2812004
stl-302-WRK'~~fI1ST-Dec 2004.xls
I
EXHIBIT A
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16-18
'2
TTA"'HMEì'fT ~
A , v
RESOLUTION NO. 2005--
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DECLARING THE RESULTS OF THE
ASSESSMENT BALLOT TABULATION FOR ASSESSMENT
DISTRICT NO. 2004-1 (DIXON DRIVE), MAKING FINDINGS
PURSUANT THE IMPROVEMENT ACT OF 1913 AND
ARTICLE XIIID OF THE CONSTITUTION OF THE STATE OF
CALIFORNIA, AND ORDERING THE CONSTRUCTION OF
IMPROVEMENTS
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA (the "City"),
CALIFORNIA, has been presented and has received a petition from certain property owners
requesting the installation of certain sidewalk improvements, together with appurtenances and
appurtenant work in connection therewith, such improvements to be installed pursuant to the
provisions and authority of the "Municipal Improvement Act of 1913" (being Division 12 of the
Streets and Highways Code of the State of California and City Council Ordinance No. 2952; and
WHEREAS, this City Council, acting in response to such petition, initiated proceedings
to form an assessment district to pay for the project pursuant to the provisions of the Streets and
Highway Code, Article XIIID of the Constitution of the State of California ("Article XIIID") and
the "Proposition 218 Omnibus Implementation Act" (Government Code Section 53750 and
following - the "Implementation Act") (the Municipal Improvement Act of 1913, Article XIIID
and the Implementation Act may be referred to collectively herein as the "Assessment Law");
WHEREAS, the assessment district has been designated as Assessment District No.
2004-1 (Dixon Drive) (the "Assessment District"); and
WHEREAS, a report of the Assessment Engineer (the "Preliminary Assessment
Engineer's Report"), required by the Assessment Law was previously presented, considered and
preliminarily approved; and
WHEREAS, the Preliminary Assessment Engineer's Report, as preliminarily approved
was prepared and contained all the matters and items called for pursuant to the provisions of the
Assessment Law, including the following:
A.
Plans and specifications of the Improvements;
B.
An estimate of the cost of the construction of the Improvements, including the
cost of the incidental expenses, in connection therewith, including that portion of
such costs and expenses representing the special benefit to be conferred by such
Improvements on the parcels within the Assessment District;
C.
A diagram showing the Assessment District, which also shows the boundaries and
dimensions of the respective subdivisions of land within such Assessment
16-20
D.
E.
District, with each of which subdivisions given a separate number upon such
diagram;
The proposed assessment of the assessable costs and expenses of the construction
of the Improvements upon the several divisions ofland in the Assessment District
in proportion to the estimated special benefits to be conferred on such
subdivisions, respectively, by such Improvements. Such assessment refers to
such subdivisions upon such diagram by the respective numbers thereof; and
A description of the Improvements.
WHEREAS, notices of such hearing accompanied by assessment ballot materials were
regularly mailed in the time, form and manner required by the Assessment Law and as evidenced
by a certificate on file with the transcript of these proceedings, a full hearing has been given, and
WHEREAS, at this time all assessment ballots submitted pursuant to the Assessment
Law have been tabulated, all in the manner provided by the Assessment Law; and
WHEREAS, at this time this City Council determines that the assessment ballots received
by the City in favor of the proposed assessment and weighted as required by the Assessment Law
exceed the assessment ballots received in opposition to the assessment and similarly weighted
and, therefore, a maj ority protest pursuant to the Assessment Law does not exist.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTIONl.
RECITALS. The above recitals are all true and correct.
SECTION 2. ASSESSMENT BALLOT TABULATION. The assessment ballots submitted
pursuant to the Assessment Law in favor of the proposed assessment and weighted as required
by the Assessment Law exceed the assessment ballots submitted in opposition to such proposed
assessment and similarly weighted and it is therefore determined that a majority protest pursuant
to Assessment Law to the levy of the proposed assessments does not exist.
SECTION 3. SPECIAL BENEFITS RECENED. Based upon the Preliminary Assessment
Engineer's Report and the testimony and other evidence received at the public hearing, it is
hereby determined that:
A.
B.
All properties within the boundaries of the Assessment District receive a special
benefit from the Improvements;
The proportionate special benefit derived by each parcel proposed to be assessed
has been determined in relationship to the entirely of the cost of construction of
the Improvements;
16-21
C.
No assessment is proposed to be imposed on any parcel which exceeds the
reasonable cost of the proportional special benefit to be conferred on such parcel
from the Improvements;
D.
Only special benefits have been assessed; and
E.
There are no parcels which are owned or used by any agency as such term is
defined in Article XllID, the State of California or the United States that specially
benefit from the Improvements.
SECTION 5. CONSTRUCTION OF THE IMPROVEMENTS. This City Council finds that the
owners of the properties within the proposed boundaries of the Assessment District have,
pursuant to Streets and Highways Code Section 5879, waived the sixty (60) day period within
which such owners may construct such improvements. Therefore, the City Council hereby orders
the Superintendent of Streets to cause the construction of the improvements.
SECTION 6. AUTHORITY FOR CONSTRUCTION. All of the construction proposed shall
be done and carried through and financed pursuant to the applicable provisions of the Municipal
Improvement Act of 1913 and City Council Ordinance No. 2952.
SECTION 7. FINAL ASSESSMENT ENGINEER'S REPORT. Upon the completion of the
construction of the Improvements, the Superintendent of Streets is ordered prepare and file with
this City Council a Final Assessment Engineer's Report that shall contain all of the information
contained in the Preliminary Engineer's Report modified to reflect the actual cost of construction
of the Improvements. If the actual construction costs of the District's improvements do not
exceed the cost estimate included in the Final Engineer's Report and reflected in the assessments
shown on the assessment ballots, the assessments shall be reduced by City Council resolution
without a public hearing. Conversely, if the actual construction costs do exceed the cost estimate
included in the Final Engineer's Report and recovery of such excess costs would require an
increase in the assessments previously levied, approval of such increase in the assessments shall
require a subsequent public hearing and assessment ballot proceeding.
Presented by
Approved as to form by
~(,Ú--
Jack Griffin
Director of General Services
Ann Moore
City Attorney
homelottorneylresolstreetlDixon Drive AD 2004-] Ballot Tabulatian.doc
16-22
CITY COUNCIL AGENDA STATEMENT
Item: ~
Meeting Date: 3/22/05
ITEM TITLE:
PUBLIC HEARING: PCM 04-16: Consideration of an amendment to the
EastLake Business Center II Sectional Planning Area (SPA) plan, Planned
Community District Regulations, Design Guidelines and associated
regulatory documents. -The EastLake Company LLC
RESOLUTION: Approving amendments to the EastLake Business Center II
Supplemental SPA
ORDINANCE: Approving amendments to the Eastlake Business Center II
Supplemental SPA Planned Community District Regulations and Land Use
Districts Map, to define permitted land uses within a 36 acre newly created
design district overlay located at the intersection of Otay Lakes Road and
Fenton Avenue/Showroom Place within the EastLake Business Center.(First
Reading).
SUBMITTED BY: Director of Planning and Building ~
REVIEWED BY: CityManager~ç¡V ~ (4/5 Vote: Yes_NoJQ
The applicant, The EastLake Company LLC, has submitted an application to 1) amend the EastLake
Business Center II Planned Community District Regulations and Land Use District Map in order to
add a design district overlay over a 36 acre portion ofland containing a BC-11and use designation
and clarify allowable uses within said overlay area; 2) to amend the Design Guidelines to add sign
criteria specific for business located within the Design District Overlay. The 36 acre site is located
at the intersection of Otay Lakes Road and Fenton Avenue/Showroom Place (Formerly Girard
Court)(see Locator Map)
The Environmental Review Coordinator has reviewed the proposed project for compliance with the
California Environmental Quality Act and has determined that the proposed proj ect was adequately
covered in previously adopted Mitigated Negative Declaration for the EastLake II General
Development Plan (GDP) and EastLake I Sectional Planning Area (SPA) Plan Amendments (IS-OO-
03) and associated Mitigation Monitoring and Reporting Program. Thus, no further environmental
review or documentation is necessary.
RECOMMENDATION:
Adopt the attached City Council Resolution approving amendments to Business Center II SPA
Design Guidelines and Ordinance approving amendments to the PC District Regulations. For the
reasons outlined in the report, the City Council can either:
1) approve the staff recommendations cont~ed in Attachment 2 Exhibit B-1 and
Attachment 3 Exhibit B-1; or
2) approve the Planning Commissions recommendation contained in Attachment 2, Exhibit
B-2, and Attachment 3, Exhibit B-2. 1 7-1
Page No. 2, Item:~
Meetin2 Date: 3/22/05
BOARDS AND COMMISSION RECOMMENDATION:
A public hearing was held before the Planning Commission on February 23, 2005. Following a
presentation by both staff and the applicant, the Commission discussed those issues in which staff
and the applicant were not in agreement. The issues were:
1.
Allowable land use: In regards to the category of "paint and wallpaper", staff
recommended this not be allowed due to its promotion of a "retail" type of use.
However, the Commission agreed with the applicant to allow "paint and wallpaper" as a
land use category but recommended that square footage restrictions be applied at the
MUP stage to help prevent it from turning into a true "retail" use.
2.
Sign Type "A" (District Identification Sign): Staff recommended that this monument
sign be restricted to a maximum of 5 panels, consistent with the maximum allowed in
commercial areas. However, the Commission agreed with the applicant to allow 8 panels
on the sign due to the "destination orientation" of a design district. They also
recommended that the City of Chula Vista name be incorporated into the sign.
3.
Sign Type "B" (District Entry Monument): Staff recommended that no tenant logos be
allowed on the base of the sign based upon the opinion that they would allow
unnecessary signage. However, the Commission agreed with the applicant to allow
tenant logos.
4.
Sign Type "c" (Tenant Identification Signs): Staff recommended that the applicant only
be allowed one of these signs at each driveway entrance in order to avoid an unnecessary
proliferation of signage. However, the Commission agreed with the applicant to allow
two signs at each intersection as long as they were "staggered" in a manner presented by
the applicant at the hearing.
BACKGROUND:
The project involves a total of 36 acres located within the Eastlake Business Center slated to be a
Design District Overlay within the BC-1 land use district. Development of the Design District will
occur in two phases. Phase 1 of the project consists of approximately 231,000 square feet of
buildings on 16 acres approved by the Design Review Committee on April 21, 2004.
DISCUSSION:
1. Existing Site Characteristics
The project is located at the northeast comer ofOtayLakesRoad and Fenton Avenue/Showroom
Place in the EastLake Business Center. Surrounding land uses include Hitachi and Leviton
corporate headquarters to the west, vacant industrial land to the north, and single-family
residential to the east and south (see Locator Map). This portion of the Business Center has been
rough graded in anticipation of future development and Fenton Street and Girard Place are being
installed.
17-2
Page No.3, Item:--1Z-
Meetin!: Date: 3/22/05
2. Zoning and Land Use
Site General PC District Existing Land Use
Orientation Development
Plan
Site Business Center BCl Vacant
North Business Center SFNSF3 Single Familv Residential
South Low Residential RP8 Single Family Residential
East Residential RP1, RP2 Single Familv Residential
West Business Center BCl Vacant;corporate headquarters
3. Proposal
The applicant, the EastLake Company, has submitted an application to 1) amend the EastLake
Business Center IT PC District Regulations and Land Use District Map to clarify the land use
designations for the area delineated by the Design District Overlay; 2) amend the EastLake IT Design
Guidelines to add sign criteria specific to the Design District Overlay.
4. Analysis:
Land Uses:
The current EastLake Business Center IT PC District Regulations allow the types of businesses
proposed for the home improvement design district. However, staff had concerns that the proposed
concentration of the home improvement uses would result in a significant amount of ancillary retail
uses to show the appearance of a retail center. A retail center is not permitted in the business
center. As a result, staff and the applicant have agreed to the concept of forming a design district
overlay for this area which would include guidelines and restrictions for specific actions within the
district.
Two general criteria can be delineated regarding land uses allowed under the proposed "design
district overlay". First, the use must be related to "home improvement" and secondly, the use must
be primarily "distribution/showroom" rather than "retail" oriented. The proposed PC district
regulations clearly indicate that warehouse retailers and "cash and carry" businesses greater than
80,000 square feet (ie. Home Depot, Lowes) are not permitted uses. While the proposed land uses
fall within broad categories of land uses already permitted under the BC-l regulations (primarily
"showroom" or "distribution"), the concept of developing a design district overlay which further
refines and only allows land uses related to home improvement, will help to insure a better
compatibility of uses in the area. To further insure compatibility ofland uses, a master use permit
(MUP) will be approved by the Planning Commission in order to implement the design district
concept.
Staff believes that the list ofland uses proposed by the applicant {see Attachment 2, Exhibit B2,
section IV.3(2)} are compatible with the category of "wholesale when in conjunction with
17-3
Page No.4, Item:..JL..
Meetin2 Date: 3/22/05
distribution/showroom" with the exception of the "paint and wallpaper". While this type ofland use
is a complimentary use to that of other uses proposed within the design district overlay, it does not fit
the definition of "wholesale". Staff is, therefore, concerned that by allowing "paint and wallpaper",
it would open to door to retail uses that are not complimentary. At the meeting of February 23, 2005,
the Planning Commission agreed with the applicant that "paint and wallpaper" was an appropriate
catagory to include within a design district as long as display areas be provided for both "paint" and
"wallpaper" and that the amount of square footage allocated to each be determined as part of the
MUP process. {see Attachment 2, Exhibit B-1 and B-2, Section N.3(E)(2)(0)}. The applicant may
still have concerns over placing floor plan kind of restrictions on an actual tenant.
Signage:
The proposed sign criteria contains provisions that exceed the allowable number, size and area for
signs within the proposed design district compared to the existing sign criteria for the rest of the
Business District. Staff concurs with the applicant that, due to the uniqueness of the design district
concept, a separate and more lenient set of sign criteria is appropriate only within that area.
Nonetheless, the area of the design district still falls within the boundaries of the business center and,
therefore, needs to retain some compatibility with it. Under no circumstances, should the proposed
sign criteria allow for more signage than what is typical for a commercial center.
Staff believes that certain modifications to the proposed sign criteria are necessary as follows:
Sign Type "A" - "District Identification Monument" - One of the most significant deviations between
the existing sign criteria and the new design district overlay area is the applicant's proposal to allow
an entry monument sign up to 30 feet in height. A conceptual design provided to staff for this sign
includes a base that would be a maximum of five feet in height, similar to the EastLake Business
Center monument sign proposed directly across the street, at the northwest intersection of Otay
Lakes Road and Fenton Avenue. . The applicant has also provided staff with a landscape concept plan
to demonstrate how the proposed sign would fit within the area. Staffs primary concern with the
proposed criteria for this type sign is the number of tenant panels indicated. The proposed sign
criteria for the entry monument sign would allow a maximum of eight tenant sign panels. Staff
recommends that the maximum number of tenant panels be reduced from eight to five. Allowing
five panels is consistent with what is allowed within other commercial areas of East Lake. Staff is
concerned about setting a precedent if more than five panels are allowed. The Planning Commission
agreed with the applicant that due to the destination type of use which a design district represents
that eight tenant panels were appropriate especially since they represented the 8 anchor tenants who
would locate there. At the same time, the Commission recommended that the City of Chula Vista's
name be incorporated into the sign. The applicant has subsequently incorporated the City's name into
the conceptual plans for this sign.
Sign Type "B" - "District Entry Monument" - The criteria proposes to allow a series oftenant logos
along the base structure for this sign. Staff does not believe said tenant logos are necessary and
would contribute to sign clutter around the proposed design district. Staff is also concerned that a
number of businesses may not have a separate logo resulting in the applicant placing the actual name
17-4
Page No. 5, Item:~
Meeting Date: 3/22/05
of the business within the sign base. Staff therefore recommends the removal of all tenant logos
from the criteria for this type sign. Following discussion of this item at the Planning Commission
hearing on February 23, 2005, the Commission agreed with the applicant over the appropriateness of
the tenant logos with the recommedation the applicant agree to re-tile over areas where logos were
removed due to vacating tenants. As with Sign Type "A", the Commission recommended that the
City of Chula Vista's name be incorporated into the sign. The applicant has subsequently
incorporated the City's name into the concept plans for these signs.
Sign Type "c" - "Tenant Identification Sign" - Staff recommends allowing only one of these signs at
each entry driveway rather than two as proposed by the applicant. Staff is concemed with the
proliferation of signage proposed within the design district and believes that other types of signage
will be allowed to provide adequate tenant identification once customers have entered Showroom
Place. At the Planning Commission meeting of February 23,2005, the applicant clarified that two
signs were necessary based upon the anticipated number of tenants, and agreed to "stagger" the
location of these signs so that there were not directly across the driveway from each other. Based
upon this clarification of the applicant, the Commission agreed to recommend that two signs be
allowed at each driveway intersection. The applicant also expressed their interest in having the
design district identified within the City's kiosk signage. However, this is a separate matter which
would require amending the City Council's policy regarding signage in the right-of-way.
Staffs recommendations regarding signage are reflected in Attachment 3, Exhibit B-1 (see especially
Section II.4.3. 7. The recommendations of the Planning Commission, which also reflect the desires of
the applicant, are reflected in Attachment 3, Exhibit B-2.
CONCLUSION:
Staff and the Planning Commission recommend approval of the proposed amendments to I) the
EastLake Business Center II PC District Regulations creating the Design District Overlay and
defining the land uses permitted therein and 2) the Design Guidelines to allow specific sign
guidelines for the design district overlay. However, staff continues to maintain its original position
regarding both land use and signage, for reasons discussed in the report.
In order to clarify the various positions regarding land use and sigoage, Attachments 2 and 3 each
contain two exhibits. For both attachments, Exhibit B-1 reflects the recommendations of staff.
Exhibit A-2 reflects the recommendations of the Planning Commission. Staff requests the Council
adopt Exhibit B-1 reflecting staff's recommendations. City Staff will have a presentation to visually
explain the different scenarios.
FISCAL IMPACT:
The applicant has paid all costs associated with the processing of the proposed amendments and will
be responsible for paying corresponding Develop~ent Impact fees and other applicable development
fees, as they may be amended from time to time.
17-5
Page No.6, Item:Î-
Meetin,:: Date: 3/22/05
Attachments
1. Locator
2. Draft Council Ordinance Exhibits regarding PC District Regulations
3. Draft Council Resolution Exhibits regarding Design Guidelines for Signage
4. Planning Commission Resolution and Minutes
5. Ownership Disclosure Statement
j:lPlanninglCase Filesl-QS (FY 04-QS)IPCM-Q16\StaffReportsICCI STAFF REPORT CC DRAFT 2 march OS.doc
17-6
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17-7
ATTACHMENT 1
ATTACHMENT 2
ORDINANCE EXHIBIT B-1
STAFF'S RECOMMENDED LANGUAGE
FOR PC DISTRICT REGULATIONS
17-8
ATTACHMENT 2
EXHIBIT B-1
SECTION IV:
BUSINESS CENTER DISTRICTS
IV.O
Pur¡;;ose
In addition to the objectives outlines in Section 1.0 (Pur¡;;ose and Scope), the
Business Center Districts are included to provide for a quality working
environment and to achieve a harmonious mixture of uses which might otherwise be
considered incompatible when located in close proximity. Activities are intended
to promote employment opportunities in manufacturing, service, research and
development, engineering and wholesale trade. In addition, the Business Center
Districts are included to advance the following obj ectives:
To reserve appropriately located areas for industrial. use and protect
these areas from intrusion by dwellings and other non-harmonious uses;
To protect residential and commercial uses from noise, odor, dust, smoke,
light intrusion, truck traffic and other objectionable influences and to
prevent fire, explosion, radiation and other hazards incidental to certain
industrial activities;
To promote sufficient open space around industrial structures to protect
them from hazard and to minimize the impact of industrial operations on
nearby resident~al or commercial districts; and
To minimize traffic congestion and avoid overloading utilities by re-
stricting construction of buildings of excessive size in relation to the
amount of land around them.
A.
Business Center Manufacturina Park Distrièt (BC-l)
This district is intended as an area for modern industrial, research, and
administrative facilities which can meet high performance and development
standards and a Desian District Overlav to allow a s"eciaitv desian
district.
B.
Business Center Manufacturina Service District .(BC-2)
This district is intended as an area for light industrial and limited
service commercial uses which can meet high performance and development
standards
C.
Business Center Core District
(BC-3)
This district is intended as an area for modern light industrial,
administrative and service uses as a transition from the Village Center
Commercial Districts and the BC-l & BC-2 Districts
The Business Center District areas (BC-l, BC-2, and BC-3) of the EastLake
Business Center have been included and constitute a portion of the High
Tech/Bio Tech Zone, an area of the City of Chula Vista, the territory of
which is shown on the Land Use Districts exhibit, within which certain
qualifying high technology, bio- technical and bio-medical uses are
encouraged to locate by providing to those businesses economic and land
use processing incentives.
(4/8/03111/31/051
IV-:¡'
Chapter II - Soction 11.3
EastLake II SPA Plans
17-9
IV.l
Permitted and Conditional Uses:
Business Center Districts
The following uses shall be permitted uses where the symbol "P" appears and shall
be permitted uses subject to a Conditional Use Permit where the symbol "C"
appears. Uses where the symbol "A" appears shall be subject to an Administrative
Review. Uses where the symbol "N" appears are not permitted. Uses where the
symbol "a" appears are only permitted as an accessory use to a basic permitted
use. Uses where the symbol "A" or "ZA" appear shall be subj ect to an
Administrative Design Review/Conditional Use Permit or Variance.
Land Use
Land Use District
A.
Manufacturinc¡
~
BC-2
BC-3
1.
Manufacturing, compounding, assembly
or treatment of articles or
merchandise from the following
previously prepared typical
materials such as canvas, cello-
phane, cloth, cork, felt, fiber,
fur, glass, leather, paper (no mill-
ing) , precious or semi-precious
stones or- metals, plaster, plastics,
shells, textiles, tobacco, wood,
and yarns; novelty items (not
including fireworks or other
explosive type items)
C
C
P':;'
2.
Electrical and related parts;
electrical appliances, motors
and devices; radio, television,
phonograph and computers; elec-
tronic precision instruments;
medical and dental instruments;
timing and measuring instruments;
audio machinery; visual mâchinery;
cosmetics, drugs, perfumes,
toiletries and soap (not including
refining or rendering of fat or oils)
P C C
P C C
P C C
C C C
P P P
P P P
3.
Furniture upholstering
4.
Rubber and metal stamp manufac-
turing
5.
Laboratories; chemical
6.
Laboratories; dental, electrical,
optical, mechanical and
medical
7.
Bottling plants
. See Desion District Overlav """lations in S<ction 1V2 and 1V3
(4/8/03) (1/31/05)
IV-2
Chapter II - Section II.3
Eastlake II SPA Plans
17-10
Land Use Land Use District
BC-l E:1. BC-3
8. Cement products manufacturing N C N
9. Pharmaceuticals; laboratories and
manufacturing P P P
B. Storace and Wholesale Trades
1. Mini-storage, public storage and
storage warehouses C P N
2. Moving and storage firms C'" P N
3. Building materials and lumber
storage yards and/or contractors'
yards N C N
4. Building equipment storage, sales,
rentals N C N
5. Automobile fleet storage C C N
6. Trailer, truck, or bus terminal C C C
C. Services
1. Animal hospital or veterinary clinic
and/or office P P P
2. Automobile and/or truck services
including but not limited to; sales,
rental agendes, body repair, paint-
ing and car washes N C N
3. Blueprinting and photocopying P P P
4. Cleaning and dyeing plant. N C C
5. Distributors, showrooms and
automobile offices ~ P P
6. Eating and drinking establishments~;
a. Bars C C C
b. Restaurants, coffee shops,
delicatessens;
11 With alcoholic beverages C C C
2) Without alcoholic beverages A A ZA
. See Des;"" Dis",e: Overlay "..¡{arions in Seenon TV.2 and TV.3
(4/8/031 (1/31/051
IV-3
Chapter II . S.ction II.3
EastLake II SPA Plans
17-11
7.
8.
9.
10.
Land Use
c.
Snack bars, take-out only;
refreshment stands within a
building
d.
Fast food restaurants with
drive-in or drive-through
Furniture sales, new and used
(no outdoor sales or display),:,
Gasoline dispensing and/or automobile
service station
Kennels
Heliports
11.
Motels, hotels and convention centers
12.
Newspaper publishing, printing, and
distribution, general printing and -
lithography
13 .
Offices, businesses, medical, pro-
fessional, real estate and research
14 .
Retail commercial when in conjunction
with a permitted or conditional use
15.
Commercial recreation facilities
16.
Janitorial services/supplies
17.
Medical facilities, offices, clinics,
convalescent homes, hospitals, group
care, and similar related facilities.
. See Desi.n District Overlav "."Iations in Section IV] and IV3
IV-4
(4/8/03) 11/31/05)
17-12
Land Use District
~ ~ ~
p p p
C C N
p p p
C C N
N C N
C C C
C -C C
P P P
P P P
P P P
N N C
N N C
N N C
Chapter Il - Section Il.3
EastLake Il SPA Plans
Hioh-Technolooy Uses
~~s~~~~gée~e~~~g~~Ïg~y a~~oâ~g~~a1~~~~n~s
but not limited to systems, subsystems,
comoonents, peri~herals and accessories},
~~;à~~~~~ ~Lm~ât1"net~~dfÏ~å~i~~ntal
aerospace, av>on>CS, computers, electronics
advanced materials, defense industries, '
communications, energy and environmental
~þ~ï~~ha~~r~s¥~s~~~~g~és ;e~~g~~T~g~~m~n, .,
~~~e~éh~~aW~ï~teâaf~~ïà~~' oceanography, P
Land Use
D.
E.
Bio-Technical Uses
~~~~~irgg g~vÊ~~~~Ênga~~ 'P~g:r safety,
nutrition, agriculture productivity
and industrial and environmental
~~gE~~~~n ~n¡¡r~~~~ î me~~~J: us ~;;åug ~ s
>nvolnng use of organic, cKemical,
and biological processes.
F.
Bio-Medical Uses
Research, development and manu-
facturing of organic drug delivery
systems and diagnostic and therapeutic
~~~~Í~~nt~ïC~~~à~~t~; mï~i~e i~n~he
field of medical care.
G.
Public and Semi-Public Uses
1.
Day nurseries, day care sçhools and
nursery schools
Post offices and post office terminals
:~g;e~~i~~Hdî~~P~~~ ~~~~~~~=éion
2.
3.
4.
S.
Public utili ty service yards
Educational institutions, libraries,
public or private including vocational
schools
. See Des/"" District Over/"" "!!Illations in Sect/on IV] and IV3
(4/8/03) (l/n/oS)
IV-S
17-13
Land Use District
EC-l
EC-2
~
P
P
P
-P
P
P P P
A A A
A C C
A A ZA
N C C
C C C
Chapter II - Soction II.3
Eostlake II SPA Plans
Land Use Land Use District
BC-l BC-2 JK:l.
6. Clubs and lodges, including YMCA,
and similar youth group uses. N N ZA
H. Other
1. Uses determined to be similar and
consistent with the purpose of this chapter. C C C
1. Accessorv Uses
1. Accessory structures and uses located
on the same lot as permitted or
conditional .use p P P
Incidental services for employees on
a site occupied by a permitted or
conditional use, including day care,
recreational facilities, showers
and locker rooms p p P
3. Watchman's or caretaker's living
quarters only when incidental to and
on the same site as a permitted or
conditional use A A ZA
J. Temcorarv Uses
1. Temporary uses as prescribed in
Section VI.O P P C
. S_e Desir", District Overlav re""latio",' in Section IV] and IV. 3
(4/8/03) 111311051
IV-6
Chapter II - Section II.J
Eastlake II SPA Plans
17-14
IV.2 DesiQn District (DD) Overlav DesiQnation - Master Conditional Use Permit
ReQUired
This is an area (as shown on the Land Use District Map) that allows wholesale
and retail sales as well as professional services specifically for home
improvements, home furnishinQ and home desiqn. Onlv those land uses specified
in section IV.3 may be permitted subiect to the followinq reQUirements:
A.
B.
C.
D.
The approval of Master Conditional Use Permit (CUP) of a master
planned area of no less than ten (10) acres for a Desiqn District
operation. Said CUP shall establish the DD overlav for the area
of land specified therein. Said CUP. herein referred to as the
Master Use Permit (MUP) must be approved bv the Planninq
Commission.
The MUP shall rema in in effect until such time as all desiqn
district land uses specified under this section (other than
furniture sales) are no lonqer located within the buildinqs.
after which time the owner/applicant mav request in writinq that
the Master CUP shall become null and void.
Prior to meetinq criteria (A) above. permitted land uses shall
include all uses listed under the BC -1 land use district section
IV.l (above).
Followinq approval of a MUP for a Desiqn District onlv the land
uses listed in sectio n IV.3(E) shall be permitted within the
Desion Overlay District:
IV.3 DesiQn District (DD) Overlav desiQnation-restrictions and uses.
Uses permitted within the Desiqn District are sub-;ect to the followinq
additional restrictions:
A.
B.
C.
~
E.
The uses are related to home improvement. home furnishinq and
~ desiqn such as but not limited to sales showrooms for tile.
appliances. floorinq or furniture.
The uses shall not include: warehouse retailers. department
stores or "cash and carry" businesses q reater than 80. 000 square
feet that primarilv sell products for cash, usual Iv without
deli verv service.
Areas dedicated to showroom use shall primarilv consist of
display area for products. Accessorv items must be incidental to
display or confined to storace areas.
Outdoor display areas shall be restricted to those locations and
sub-;ect to conditions outlined in the Master CUP and sub-;ect to
approval of an administrative CUP by the Zoninq Administrator.
On Iv the followinq land us es shall be permitted once the MUP is
obtained: .
17-15
Attachment 2
Exhibit B-1
Manufacturinq with showrooms for:
~ doors and windows
b. window coverinq and furniture upholsterv fabrics
c. cabinets, closets and storaqe svstems
~ picture framinq
~ patio furniture
~ qaraqe doors and eQUipment
S= pool and qame table manufacturinq
h. home qym eQUipment
~ Plavqround eQUipment
~ heatinq stoves and fireplace and outdoor cookinq
eQUipment
pool and spa eQUipment
1.
2.
3.
4.
!£...
Wholesale/Retail when in coni unction with distribution and
showroom for:
~
b.
c.
d.
floor coverinq (stone. tile. hardwood and carnetinq)
kitchen appliances and fixtures
doors. windows and moldinq
window coverinq and furniture upholsterv fabrics
cabinets. closets and storaqe svstems
picture framinq
patio furniture
qaraqe doors and eQUipment
pool and qame table
home qym eQUipment
plavqround equipment
heatinq stoves, fireplaces. outdoor cookinq equipment
home theater svstems and desiqn
lamps and liqhtinq
~
f.
S=
¡g,
i.
~
k.
1.
m.
n.
Furniture Stores shall be allowed by riqht. There is no
restriction of the amount of retail sales allowed within
these establishments.
Eatinq and drinkinq establishments within the DD are not
intended to compete wit h other commercial retail uses in
the area, are meant to serve emplovees and patrons of the
DD only, and are subiect to the followinq requlations:
a. .Establishments within individual suites:
i. Total area for all of such establishments sha 11
be limited to maximum 8.000 sQUare feet for all
buildinqs within the DD overlay desiqnation.
ÅL
A maximum of six freestandinq food
establishments may be permitted within the DD
overlay district. An administrative conditional
use permit will be reQUired for each eatinq and
drinkinq establishment.
17-16
Attachment 2
Exhibit B-1
5.
6.
b.
Establishments within a primary tenant space:
i. Must be incidental to primary tenant
ii.
Exterior siqnaqe must be oriented onlv towards
the center parkinq area rather than street or
beyond.
Hi.
Are allowed bv riqht once the MUP has been
approved
Other uses not specified in (1.2,3) aboye which are listed
as permitted uses under BC -1 land use district or are
unique uses not anticipated bv these requlations ma v be
considered on a case bv case basis either by separate
Zoninq Administrator CUP or bv the Planninq commission
before inclusion in the MUP in accordance with Chapter
19.14 of the Chula Vista Municipal Code.
Outdoor sales and displav: The permanen t outside sales and
displav of merchandise shall be subi ect to Section
19.58.370(B) of the Chula Vista Municipal Code.
AttacJunent 2
Exhibit B-1
17-17
ORDINANCE EXHIBIT B-2
PLANNING COMMISSION'S
RECOMMENDED LANGUAGE FOR PC
DISTRICT REGULATIONS
17-18
ATTACHMENT 2
EXHIBIT B-2
SECTION IV:
BUSINESS CEN'rER DISTRICTS
IV.O
Pu","ose
In addition to the objectives outlines in Section I.O (Pu","ose and Scope), the
Business Center Districts are included to provide for a quality working
environment and to achieve a harmonious mixture of uses which might othero~ise be
considered incompatible when located in close proximity. Activities are intended
to promote employment opportunities in manufacturing, senice, research and
development, engineering and wholesale trade. In addition, the Business Center
Districts are included to advance the following obj ectives:
To reserve appropriately located areas for industrial. use and protect
these areas from intrusion by dwellings and other non-harmonious uses;
To protect residential and commercial uses from noise, odor, dust, smoke,
light intrusion, truck traffic and other obj ectionable influences and to
prevent fire, explosion, radiation and other hazards incidental to certain
industrial activities;
To promote sufficient open space around industrial structures to protect
them from hazard and to minimize the impact of industrial operations on
nearby resident.!-al or commercial districts; and
To minimize traffic congestion and avoid overloading utilities by re-
stricting construction of buildings of excessive size in relation to the
amount. of land around them.
A.
Business Center Manufacturina Park District (BC-1)
This district is intended as an area for modern industrial, research, and
administrative facilities which can meet high performance and development
standards and a Desian District Overlav to allow a s-oecialtv desian
district.
B.
Business Center Manufacturina Service District (BC-2)
This district is intended as an area for light industrial and limited
service commercial uses which can meet high performance and development
standards
C.
Business Center Core District
(BC-3)
This district is intended as an area for modern light industrial,
administrative and service uses as a transition from the Village Center
Commercial Districts and the BC-1 & BC-2 Districts
The Business Center District areas (BC-1, BC-2, and BC-3) of the EastLake
Business Center have been included and constitute a portion of the High
Tech/Bio Tech Zone, an area of the City of Chula Vista, the territory of
which is shown on the Land Use Districts exhibit, within which certain
qualifying high technology, bio-technical and bio-medical uses are
encouraged to locate by providing to those businesses economic and land
use' processing incentives.
(4/S/03) (1/31/051
IV-: .
ChoptO! II - Soction II.J
EostLoke II SPA Pions
17-19
IV.I
Pe=itted and Ccndi ticnal Uses:
Business Center Districts
The following uses shall be permitted uses where the symbol "P" appears and shall
be permitted uses subject to a Conditional Use Permit where the symbol. "C"
appears. Uses where the symbol "A" appears shall be subject to an Administrative
Review. Uses where the symbol "N" appears are not permitted. Uses where the
symbol "a" appears are only permitted as an accessory use to a basic permitted
use. Uses where the symbol "A" or "ZA" appear shall be subject to an
Administrative Design Review/Conditional Use Permit or Variance.
Land Use
Land Use District
BC-l
BC-3
A.
Manufacturinq
BC-2
1.
Manufacturing, compounding, assembly
or treatment of articles or
merchandise from the following
previously prepared typical
materials such as canvas, cello-
phane, cloth, cork, felt, fiber,
fur, glass, leather, paper (no mill-
ing) , precious or semi-precious
stones o£ metals, plaster, plastics,
shells, textiles, tobacco, wood,
and yarns; novelty items (not
including fireworks or other
explosive type items)
P,:,
C
C
2.
Electrical and related parts;
electrical appliances, motors
and devices; radio, television,
phonograph and computers; elec-
tronic precision instruments;
medical and dental instruments;
timing and measuring instruments;
audio machinery; visual máchinery;
cosmetics, drugs, perfumes,
toiletries and soap (not including
refining or rendering of fat or oils)
p C C
P C C
P C C
C C C
P P P
P P P
3.
Furniture upholstering
4.
Rubber and metal stamp manufac-
turing
5.
Laboratories; chemical
6.
Laboratories; dental, electrical,
optical, mechanical and
medical
7.
Bottling plants
* See Desi.n District Oyerlay "",,!alians in Secdan IV.] and IV3
(4/8/03) (l/n/os)
IV-.2
Chapter Il - Section II.3
Eastlake Il SPA Plans
17-20
Land Use Land Use District
BC-l BC-2 BC-l
8. Cement products manufacturing N C N
9. Pharmaceuticals; laboratories and
manufacturing P P P
B. Storaoe and Wholesale Trades
1. Mini-storage, public storage and
storage warehouses C P N
2. Moving and storage firms C',. P N
l. Building materials and lumber
storage yards and/or contractors'
yards N C N
4. Building equipment storage, sales,
rentals N C N
5. Automobile fleet storage C C N
6. Trailer, truck, or bus terminal C C C
C. Services
1. Animal hospital or veterinary clinic
and/or office p p P
2. Automobile and/or truck services
including but not limited to: sales,
rental agencies, body repair, paint-
ing and car washes N C N
3. Blueprinting and photocopying P p P
4. Cleaning and dyeing plant. N C C
5. Distributors, showroom's and
automobile offices F:, p P
6. Eating and drinking establishments~:
a. Bars C C C
b. Restaurants, coffee shops,
delicatessens:
1) With alcoholic beverages C C C
2) Without alcoholic beverages A A ZA
. See Desi"" DistriCt Overlav ,"""lations in Section 1V.2 and IV3
(4/8/03) (1131105)
IV-l
Chapter n - S<ction II.3
Eastlake n SPA Plans
17-21
7.
8.
9.
Land Use
c.
Snack bars, take -out only;
refreshment stands within a
building
d.
Fast food restaurants with
drive-in or drive-through
Furni ture sales, new and used
(no outdoor sales or display),:,
Gasoline dispensing and/or automobile
service station
Kennels
10.
Heliports
11.
Motels, hotels and convention centers
12.
Newspaper publishing, printing, and
distribution, general printing and.
lithography
13 .
Offices, businesses, medical, pro-
fessional, real estate and research
14 .
Retail commercial when in conjunction
with a permitted or conditional use
15.
Commercial recreation facilities
16.
Janitorial services / supplies
17.
Medical facilities, offices, clinics,
convalescent homes, hospitals, group
care, and similar related facilities.
. See Desien District ave'!av reealations in Section IV] and IV3
IV-4
(4/8/03) 111311051
17-22
Land Use District
ê£:.l BC-2 ~
P P
C C N
P P P
C C N
N C N
C C C
C -C C
P P P
P P P
P P P
N N C
N N C
N N C
Chapter II - S<ction [1.3
EastLake II SPA Plans
Land Use
D.
Hiah-Technoloav Uses
~l s ~~~~~é e~e~~~iŒ.~Íg~y a~~oâ~g~; a1 ~~~~nãs
but not limited to systems. subsystems.
çomïon~nts. peripherals and acce.;sories) ,
~~~d~~~~~ ~€iïÍ~~âtlPnet~~dfI~â;'~lntal
aerospace, avionics. computers. electronics
advanced materials. defense industries, '
communications, energy and environmental
~þ~ï~~7ta~~~~s~'{S~~~~~~és ~e~p~g~T~g~~!g~n, .,
~~~egt.h~~a~~~ãt.eâaTl.~Ià~~' oceanography, P
E.
Bio-Technical Uses
~~~~~~~~g ~lvfi~~ï~fin~a~~ 'l~g:r s¡¡.fety,
nutnt,on, agnculture producUv,ty
and industrial and environmental
~~g£g~~~n;n~r~~mme~~~J: us ~~âu~ € s
,nvolv,ng use of organic, c!iemical,
and biological processes.
F.
Bio-Medical Uses
Research, development and manu-
facturing of organic drug delivery
systems and diagnostic and therapeutic
~~~~I~~nt~~C~~~à~~t~; mm~e i~n~he
field of medical care.
G.
Public and Semi - Public Uses
1.
Day nurseries, day care s.çhools and
nursery schools
Post offices and post office terminals
2.
3.
~~t~;e~~i~~Hd~~~P~gð I:;;~~~~~t.ion
Public utility service yards
4.
5.
Educational institutions, libraries,
public or private including vocational
schools
« See Desi"" Dis/ria Over!.. """la/ions in Sec/ian IV,] and IV.3
(4/S/03) 11/31/05)
IV-5
17-23
Land Use District
BC-l
BC-2
~
P
P
p
-p
p
p P P
A A A
A C C
A A ZA
N C C
C C C
Chapter II - Section IlJ
EastLake II SPA Plans
Land Use Land Use District
EC-l EC-2 EC-J
6. Clubs and lodges, including YMCA,
and similar youth group uses. N N ZA
H. Other
1. Uses determined to be similar and
consistent with the purpose of this chapter. C C C
I. Accessorv Uses
1. Accessory structures and uses located
on the same lot as permitted or
conditional .use p P P
Incidental services for .employees on
a site occupied by a permitted or
condi tional use, including day care,
recreational facilities, showers
and locker rooms p P
3. Watchman's or caretaker's living
quarters only when incidental to and
on the same site as a permitted or .
conditional use A A ZA
J. Temporarv Uses
1. Temporary uses as prescribed in
Section VI. 0 P P C
. See Desi"" Dis"icr Overlav ,"""larions in Section IV] and IV. 3
(4/8/031 (1/]1/051
IV-6
Chapter 11 . Section Il.J
Eastlake 11 SPA Plans
17-24
IV.2 Desian District (DD) Overlav Desianation - Master Conditional Use Permit
Reauired
This is an area (as shown on the Land Use District Map) that allows wholesale
and retail sales as well as professional services specifically for home
improvements. home furnishinq and home desiqn. Onlv those land uses specified
in section IV.3 mav be permitted subiect to the followinq requirements:
A.
B.
C.
~
The approval of Master Conditional Use Permit (CUP) of a master
planned area of no less than ten (10) acres for a Desiqn District
operation. said CUP shall establish the DD overlay for the area
of land specified therein. Said CUP. herein referred to as the
Master Use Permit (MUP) must be approved bv the Planninq
Commission.
The MUP shall rema in in effect until such time as all desiqn
district land uses specified under this section (other than
furniture sales) are no lonqer located within the buildinqs.
after which time the owner/applicant mav request in writinq that
the Master CUP shall become null and void.
Prior to meetinq criteria (A) above. permitted land uses shall
include all uses listed under the BC -1 land use district section
IV.l (above).
Followinq approval of a MUP for a Desiqn District on Iv the land
uses listed in sectio n IV.3(E) shall be permitted within the
Desiqn Overlav District:
IV.3 Desiqn District (DD) OVerlav desianation-restrictions and uses.
Uses permitted within the Desiqn District are subiect to the followinq
additional restrictions:
~
B.
C.
D.
E.
The uses are related to home improvement. home furnishinq and
home desiqn such as but not limited to sales showrooms for tile.
appliances. floorinq or furniture.
The uses shall not include: warehouse retailers. department
stores or "cash and carrv" businesses q reater than 80,000 sQUare
feet that primarilv sell products for cash. usuallv without
deli verv service.
Areas dedicated to showroom use shall primarilv consist of
display area for products. Accessorv items must be incidental to
displavor confined to storace areas.
Outdoor displav areas shall be restricted to those locations and
subiect to conditions outlined in the Master CUP and subiect to
approval of an administrative CUP bv the Zoninq Administrator.
Onlv the followinq land us es shall be permitted once the MUP is
obtained:
Attaclnnent 2
Exhibit B-2
17-25
Manufacturinq with showrooms for:
""'-'- doors and windows
~ window coverinq and furniture upholsterv fabrics
~ cabinets. closets and storace svstems
~ picture framinq
e. patio furniture
f. qaraqe doors and equipment
~ pool and came table manufacturinq
h. home qym equipment
i. Plavqround equipment
~ heatinq stoves and fireplace and outdoor cookinq
equipment
pool and spa equipment
1.
2.
e.
f.
~
fu.
i.
~
k.
1.
L
Wholesale/Retail when in coni unction with distribution and
showroom for:
a.
b.
c.
~
floor coverinq (stone. tile, hardwood and carpetinq)
kitchen appliances and fixtures
doors, windows and moldinq
window coverinq and furniture upholsterv fabrics
cabinets, closets and storace systems
picture framinq
patio furniture
qaraqe doors and equipment
pool and came table
home qym equipment
plavqround equipment
heatinq stoves, fireplaces, outdoor cookinq equipment
home theater svstems and desiqn
3.
Furniture Stores shall be allowed by riqht. There is no
restriction of the amount of retail sales allowed within
these establishments.
Eatinq and drinkinq establishments within the DD are not
intended to compete with other commercial retail uses in
the area, are meant to serveemplovees and patrons of the
DD only, and are subiect to the followinq requlations:
4.
a.
Establishments within individual suites:
i. Total area for all of such establishments shall
be limited to maximum 8, 000 square feet for all
buildinqs within the DD overlav desiqnation.
ii.
A maximum of six freestandinq food
establishments mav be per mitted within the DD
overlav district. An administrative conditional
17-26
Attachment 2
Exhibit B-2
5.
use permit will be reauired for each eatina and
drinkina establishment.
b.
Establishments within a primary tenant space:
i. Must be incidental to primarv tenant
ik
Exterior sianaae must be oriented onlv towards
the center parkinq area rather than street or
bevond.
iii.
Are allowed bv riaht once the MUP has been
approved
Other uses not specified in (1,2,3) above which are listed
as permitted uses under BC -1 land use district or are
uniaue uses not anticipated bv these reaulations mav be
considered on a case bv case basis either bv separate
Zonina Administrator CUP or bv the Plannina Commission
before inclusion in the MUP in accordance with Chapter
19.14 of the Chula Vista Municipal Code.
6.
Outdoor sales and displav: The permanent outside sales and
display of merchandise shall be subiect to Section
19.58.370(B) of the Chula Vista Municipal Code.
Attachment 2
Exhibit B-2
17-27
ATTACHMENT 3
RESOLUTION EXHIBIT B-1
STAFF'S RECOMMENDED LANGUAGE
FOR PC DISTRICT REGULATIONS
17-28
_ll'lll~~ / .ti
I: 1¡,----r,.,1 --' {,;.'..~~~,~
='-;,;;;ri
I,-¡i i' r-" \\
¡i'!!! ~j\. \~\
JL-Infi \\,
, II-'
"If i Ii "fV"('C\'~Üf;' '
'i,\ !-----r--.....J,,! I H,~p, ÞIi.'~,:::::.: '.: "
\ ,-,- ------------J ,Q;:--f::jit:1 Pih"l ,"1
, j-/-;" --r-- ,t:j "?t::J~îr-i d';:8 Þ
/- .--0;:....--:- 0 --"" ' V;j;{{,)~ Jj t::h ,=1
//"-'Tj:--~ ,u-~~-'~' ~~~~I~~ j~@
'-"Sø. ~¡ ':' "'</"-.'V(:j'--'
"..,-,./;\\.'f,,\,C=--- ". '. I ",ill,:", I " 'I i i.' IJ,,!,~?:',....' :F[,:,\'~~:i~,,'{,:'.;~!~,!i,r
"'" \"'N-TIillili JIillI!I[ ~ c-'. I '""",;.:,,.-
~t~if~,(~~~¿1 C ~-
I'
EXHIBIT A
\. \.,
\,/'
\,
LOCATOR MAP
17-29
EXHIBIT C
land Use Districts
Proposed
Ai tASTlAKE II
A planned community by Th. EastUke co.
~m
.-U
rtJl'J141O5
14/8/03) 11/31/051
v,
Chapter II - Section 11.3
Eastlake II SPA Plans
17-30
ATTACHMENT 3
EXHIBIT B-1
Design Guidelines
for EastLake Business Center II
Supplemental SPA
Approved November 16,1999
t.
by Resolution No.19666
Proposed Amendment
to add
Signing Guidelines for the Design District
1/3/05
Amendment Sponsored by:
International Real Estate
2297 Niels Bohr Court, Suite 210
San Diego, CA 92154
(619) 661-6681
Contact: Michael A. Vogt
Master Developer:
The EastLake Company
900 Lane Avenue, Suite 100
Chula Vista, California 91914
(619) 421-0127
Contact: Bill Ostrem
Prepared by:
Cinti Land Planning
2932 Poinsettia Drive
San Diego, California 92106
(619) 223-7408
Contact: Gal)' Cinti
17-31
II.4.1
II.4.2
II.4.3
SECTION llA
DESIGN GUIDELINES
TABLE OF CONTENTS
~
Introduction
ll.4.l.l Purpose
I-I
Design Review Process
II.4.2.1 Introduction
II.4.2.2 Design Review by Master Developer
II.4.2.3 City of Chula Vista Design Review
11.4.2.2 Zoning. Administrator Design Review
ll.4.2.3 Design Review Committee
11.4.2.4 Appeals
II-2
II-I
II-3
II-3
II-3
ll-3
Business Center Design Guidelines
II.4.3.1 Site Planning
-Planned Community District Regulations
-Site Planning
-Building Heights
-Circulation & Parking
-Service & Storage Areas
-Community Fencing
-Combined Wall and Fence Guidelines
-Fences and Walls
-Utilities, Antennae ana Flagpoles
-Grading Standards
. III-I
11.4.3.2 Architecture
-Building Massing
-Building Entries
-Colors and Materials
-Textures
-Equipment Screening
-Building Materials
-ArtiSculpture
III-9
llA.3.3 Lighting
-Safety/Security Lighting
-ArchitecturallLandscape Lighting
III-I 0
Poge
~1-14-05
17-32
11.4.304 Sign Program
-Approval & Submittal
-General Standards
-Maintenance
-Illumination
-Hardware
-Prorubited Sign Types and Components
-Sign Criteria Summary
-Sign Types and Descriptions
Ill-IO
1l.4.3.5 Prohibited Sign Types and Components
llo4.3.6 Sign Criteria Summary for Business Center
II 4.3.7 Si\!Il Criteria for Design District Overlav
III-I 2
III-13
III-30
11.4.4 Landscape Design
IIo4o4.1 Purpose
llo4.4.2 Landscape Concept
llo4.4.3 Lañdscaping Requirements
llo4o4o4 Street Landscaping
llo4.4.5 SlopelErosion Control
IIo4.4.6 Landscape and Irrigation Standards
llo4o4.7 Landscape Maintenance
11.404.8 Special Master Landscape Plan
IV-I
IV-l
IV-4
'IV-8
IV-9
IV-IO
IV-I!
IV-16
11.4.5 Individual Lot Design Criteria
II.4.5.1 Individual Lot Criteria
llA.5.2 Organization of the Criteria
V-I
V-I
~1-14-05
17-33
Exhibit I
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit 5
Exhibit 6
Exhibit 7
Exhibit 8
Exhibit 9
Exhibit 10
Exhibit II
Exhibit 12
Exhibit 13
Exhibit 14
Exhibit 15
LIST OF EXHIBITS
. Site Planning
Parking Standards
Fencing Types
Combination Wall & Fence
Building Mounted Sign
Mounted Sign Letters
Mounted Sign Letter Size
Freestanding Monument Sign
Signing Site Distance
Sign Panels
Sign Panels
Entry Window Graphics
Building Address Numbers
Construction/Leasing Sign
Vehicle Direction Sign"
Exhibit 15A Design District SÜm Locations by TVDe
Exhibit 15A-I District Identification Monument - Sign Type "A"
Exhibit 15A-2 District EntrY Monument - Sign TVDe "B"
Exhibit 15A-3 Tenant Identification Sign - Sign TVDe "C"
Exhibit 15A-4 Proiect Directional Sign - Sign Type "D"
Exhibit 15A-5 Building Signs
Exhibit 16
Exhibit 17
Exhibit 18
Exhibit 19
Exhibit 20
~1-¡4-05
Scenic Highway Sketch
Entry Monument Sketch
Thematic Corridor
General Landscape Plan
Business Center Trees
17-34
æ
III-2
IlIA
III-6
III-7
III-II
ITI-12
III-I 3
llI-15
III-I 6
'llI-18
III-I 9
III-20
III-23
III-25
III-26
III-31
III-33
III-35
III-37
III-39
III-41
IV-2
IV-3
IV-4
IV-5
IV-7
Exhibit 21 Landscape Intensity 1V-9
Exhibit22 Plant Material Matrix IV-14
Exhibit 23 Scope of Special Master Landscape Plan IV-18
Exhibit 24 Building Envelopes - Lots 1-6 V-2
Exhibit 25 Building Architecture - Lots 1-6 VI-3
Exhibit 26 Building Envelopes - Lots 7-9 V-4
Exhibit 27 Building Architecture - Lots 7-9 V-4
Exhibit 28 Building Envelopes - Lots 12-16 V-5
Exhibit 29 Building Architecture - Lots 12-16 V-6
Exhibit 30 Key Map - Lot I V-7
Exhibit 31 Key Map - Lot 2 V-8
Exhibit 32 Key Map - Lot 3 _V-9
Exhibit 33 Key Map - Lot 4 V-IO
Exhibit 34 Key Map - Lot 5 V-II
Exhibit 35 Key Map - Lot 6 V-12
Exhibit 36 Key Map - Lot 7 V-13
Exhibit 37 Key Map - Lot 8 V-14
Exhibit 38 Key Map - Lot 9 V-15
Exhibit 39 Key Map - Lot 10 V-16
Exhibit 40 Key Map - Lot II V-17
Exhibit 41 Key Map - Lot 12 V-18
Exhibit 42 Key Map - Lot 13 V-19
Exhibit 43 Key Map - Lot 14 V-20
Exhibit 44 Key Map - Lot 15 V-21
Exhibit 45 Key Map - Lot 16 V-22
~1-14-05
17-35
Signs employing noise-making devices and components.
Signs with no returns and exposed fastenings.
Rooftop signs.
Post and panel-type signs (except temporary signs).
No sign, notice or other lettering shall be exhibited or affixed on any part of any
building except as specifically approved in writing by theEastLake Company.
[1.4.4.4.2
Sign Criteria Summary~
Specific sign types will be pennitted only with designated building types. as described in the
Sign Criteria Summary matrix on the following page. Building type shall be detennined by
the EastLake Company, which decision is final. Listed below are the building type
definitions utilized in the matrix. .
BuildiDl! Mounted Siens
/
A RM ¡;-rR pNG ...L
"-0.
f T
/
/
/
/
/
Exhibit 5
Only one tenant name per building permitted. Utilizing metal reverse channel numbers.
Example illustrates the maximum height permitted for all cap letterfonns.
* Note: Refer to Section II. 4.3. 7 lor sian criteria within the Desirzn District overlav area.
~1-14-05
1II-13
17-36
(Note: This document includes only the text and exhibits to be added)
II 4.3.7 Sign Criteria for Design District
The purpose of this section is to address some specific signs for the Design District, as
established in the EastLake II Planned Community District Regulations. In the event that
these criteria do not address any particular sign condition, the applicable provisions of Title
19 of the Chula Vista Municipal Code shall apply.
The Design District will attract business and consumers of home. improvement products and
services. In order to identify the location and efficiently guide the users to their destination
six types of signs are provided for herein. Additional minor on-site'signs will be reviewed
as part of the Architecture and Site Plan review. Following approval of a master Use Pennit
for a Design District, the sign criteria contained in this section shall apply to all signing
within the area covered by the Design District Overlay.
Deviations to the sign standards herein may be approved (up to twenty percent by the Zoning
Administrator or greater than twenty percent by Design Review Committee) based upon the
following [IDdingS:-
1.
That the sign is consistent with the general quality and character of the
EastLake Business Center II Planned Community;
2.
That the sign provides a benefit to the viability of the Design District;
3.
That the sign provides a benefit to the customers of the Design District;
4.
That the sign is compatible with the character of the other signs in tl;te Design
District and its surroundings.
Sign Locations: Exhibit 15A, Sign Locations by Type, indicates the conceptual locations of
the four freestanding sign types. The exact locations will be established by approval by the
Design Review Committee. Additional typical tenant signs on the buildings are shown on
Exhibit l5A-5, whose location is a component of the overall building design, subject to
Design Review.
Fonts should be simple and clearly legible, except that tenants may use their identity fonts.
The colors of sign materials and letters shall be as shown on the approved Design Review
drawings.
~¡-14-05
IlI-30
17-37
Design District Sign Locations by Type
A District Identification Monument
8 District Entry Monument
C Tenanlldentification Sign
D Project Directional Sign
The sign locations indicated on this exhibit
are approximate, subject to Design Review.
Location of signs on buildings shall be a
component of the building design, subject
to Design Review.
17-38
District Identification Monument - Sign Type "A": This sign is located at the base of the
slope bank at the intersection of Otay Lakes Road and Fenton Street. It is intended to
identify the district and the major tenants along this arterial highway. This maximum
dimensions and criteria are illustrated on Exhibit 15A-1 below.
Max. Size:
Base- 30.0' W x 5.0' H;
Vertical element - 15.0' W x 17.5' H
Tenant Panels: (5) 2.5' H x10.0' W each
Logo & Copy to fit within 2'-0" H x 9'6" area
illumination: Internally illuminated
*'8-99 2-2-05
ill-32
17-39
C
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CD
::s
....
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n
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....
-.
0
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c
3
CD
::s
....
22'-6"
17'.6"
r- '¡¡}
\D 0 ;!:::;:¡
,10 OJ
'0 "";:¡
o:! <D 0....
x' () ~ "J1
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en
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CC
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-
-
)::
17-40
District Entry Monument - Sign Type "B": This sign identifies the entry to the Home
Improvement District at the intersection of Fenton Street and ShoWToom Place to efficiently
guide customers to the district. The criteria for this sign is illustrated on Exhibit 15A-2
below.
Max. Size:
40.0'Wx 9.0' H
Letter size:
District Name: 17"H
Illumination: Internally illuminated
~2-2-05
I11-34
17-41
-
-
(()
-
-
Q)
c..
~
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c:
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.-
(j)
17-42
....
c:
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E
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c:
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....
c:
w
....
CJ
"¡:
....
fA
C
Tenant Identification Sign - Sign Type "C": This sign directs customers along Showroom
Place by indicating the best entry location to use for identified tenants. The criteria for this
sign is illustrated on Exhibit 15A-3 below.
Max. Size:
6.0'Wx7.0'H
Tenant Panels: (5) lOS' H x 4.0' Weach
Logo & Copy to fit within 5.25" x 3.7" area
Illumination: Externally illuminated
~1-14-05
III-36
17-43
b
I
¡....
í
~1-14-05
Sign Type "C"
6'-0"
f
4'-0"
[~ISI~ ::J
[~ISI~ I
[~ISI~ ::J
- =t-~ ~
[ ~ISIAm= ::J
~
r I ....... a.:
L =rEfSJ~ -.J ~ ç.
Tenant Identification Sign
III-37
17-44
5 TENANT PANEL SIGNS
@ 10 ~" HIGH X 4'-0"
WIDE. MAXIMUM CCPY TO
BE 5-1/4L HIGH X 3'-7"
WIDE.
Exhibit 15A-3
Project Directional Sign - Sign Type "0": After entering the district from an entry drive, this
sign further directs a customer to the specific tenant location. The criteria for this sign is
illustrated on Exhibit 15A-4 below.
Max. Size:
2.5' W x 5.0' H
Copy to fit within 2-1/2" H x 2'-0" area
Tenant panels - 5
Illumination: Non-illuminated
~1-14-05
IlI-38
17-45
Sign Type "0"
5 TENANT
5" HIGH X
[ :- LEISlAm' _1 MAXIMUM L
[_LEm.8T-J BE 2-1/2"
W1DE.
[ - LEISlAm' - J ~~
x [ -LEfß8T= J
\II [ - LEISIMIT - ]
E
= .
0
,
lo
t 2'-6" max. t
SIGN PANELS @
2' -6n WIDE.
aGO & COpy TO
HIGH X 2'-0"
Project Directional Sign
Exhibit 15A-4
~1-14-05
III-39
17-46
Building Signs
Tenant Sign on Tower Element (Refer to Exhibit 15A-5 below). These are for the tower
element in the buildings and identify the primary tenant locations.
Max. Size:
20.0' W x 9' H
Logo & Copy to fit within 9' H x 20' area (5' max. letter height)
Illumination: Internally illuminated.
General Tenant Sign on Buildings (Refer to Exhibit 15A-5 below). These are for individual
tenants storefronts within buildings.
Max. Size:
70% of storefront width x 32" H
Logo & Copy to fit within 2'-0" H x 70% storefront length area
Illumination: Internally illuminated.
~1-14-05
III-40
17-47
~1-14-05
Building Signs
Tenant Sign on tower Element
"'---<"í-
= ~I ~~, I
70%" ,... .f"",-ntwklth
~ i ì
t ~~¡l:)~~ lDesg!i;ffiJ m
FLEXSTEELGALLERY
General Tenant Sign
1II-4\
17-48
Exhibit 15A-5
RESOLUTION EXHIBIT B-2
PLANNING COMMISSION'S.
RECOMMENDED LANGUAGE FOR PC
DISTRICT REGULATIONS
17-49
ATTACHMENT 3
EXHIBIT B-2
Design Guidelines
for EastLake Business Center II
Supplemental SPA
Approved November 16, 1999
f,
by Resolution No.19666
Proposed Amendment
to add
Signing Guidelines for the Design District
1/3/05
Amendment Sponsored by:
International Real Estate
2297 Niels Bohr Court, Suite 210
San Diego, CA 92154
(619) 661-6681
Contact: Michael A. Vogt
Master Developer:
The EastLake Company
900 Lane Avenue, Suite 100
Chula Vista, California 91914
(619) 421-0127
Contact: Bill Ostrem
Prepared by:
Cinti Land Planning
2932 Poinsettia Drive
San Diego, California 92106
(619) 223-7408
Contact: Gary Cinti
17-50
H.4.l
H.4.2
H.4.3
SECTION 11.4
DESIGN GUIDELINES
TABLE OF CONTENTS
~
Introduction
II.4.l.1 Purpose
I-I
Design Review Process
II.4.2.1 Introduction
11.4.2.2 Design Review by Master Developer
11.4.2.3 City ofChula Vista Design Review
II.4.2.2 Zoning. Administrator Design Review
11.4.2.3 Design Review Committee
11.4.2.4 Appeals
II-2
II-I
II-3
11-3
II-3
II-3
Business Center Design Guidelines
11.4.3.1 Site Planning
-Planned Community District Regulations
-Site Planning
-Building Heights
-Circulation & Parking
-Service & Storage Areas
-Community Fencing
-Combined Wall and Fence Guidelines
-Fences and Walls
-Utilities, Antennae ana Flagpoles
-Grading Standards
. Ill-I
II.4.3.2 Architecture
-Building Massing
-Building Entries
-Colors and Materials
-Textures
-Equipment Screening
-Building Materials
-ArtiSculpture
I11-9
II.4.3.3 Lighting
-Safety/Security Lighting
-Architectura1!Landscape Lighting
IlI-lO
P~ge
~1-14-05
17-51
t-V.¡.JIP-rf A-i
11.4.304 Sign Program
-Approval & Submittal
-General Standards
-Maintenance
-Illumination
-Hardware
-Prohibited Sign Types and Components
-Sign Criteria Summary
-Sign Types and Descriptions
IIl-IO
IIo4.3.5 Prohibited Sign Types and Components
11.4.3.6 Sign Criteria Summary for Business Center
II 4.3.7 Si!ffi Criteria for Desi!ffi District Overlav
IIl-12
III-I 3
m-30
ITo4A Landscape DesIgn
IIo4o4.l purpose
IIo4o4.2 Landscape Concept
IIAo4.3 Lanascaping Requirements
IIo4o4o4 Street Landscaping
IIo4o4.5 SlopelErosion Control
IIo4o4.6 Landscape and Irrigation Standards-
IIo4.4.7 Landscape Maintenance
IIo4o4.8 Special Master Landscape Plan
IV-l
IV-I
IV-4
-IV-8
IV-9
IV-IO
IV-II
IV-16
ITA.S Individual Lot Design Criteria
IIo4.5.llndividual Lot Criteria
IIo4.5.2 Organization of the Criteria
V-I
V-I
~1-14-05
17-52
~KHIF3 T g-~
Exhibit I
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit 5
Exhibit 6
Exhibit 7
Exhibit 8
Exhibit 9
Exhibit 10
Exhibit II
Exhibit 12
Exhibit 13
Exhibit 14
Exhibit 15
LIST OF EXHIBITS
Site Planning
Parking Standards
Fencing Types
Combination Wall & Fence
Building Mounted Sign
Mounted Sign Letters
Mounted Sign Letter Size
Freestanding Monument Sign
Signing Site Distance
Sign Panels
Sign Panels
Entry Window Graphics
Building Address Numbers
Construction/Leasing Sign
Vehicle Direction Sign""
Exhibit l5A Desie:n District Si!!Il Locations by Type
Exhibit l5A-1 District Identification Monument - Sie:n TyPe "An
Exhibit 15A-2 District Entrv Monument - Sie:n TVÇ>e "B"
Exhibit 15A-3 Tenant Identification Sie:n - Si!!Il Type "C"
Exhibit 15A-4 Project Directional Sie:n - Sie:n Type "Dn
Exhibit 15A-5 Buildina Sie:ns
Exhibit 16
Exhibit 17
Exhibit 18
Exhibit 19
Exhibit 20
~1-14-05
Scenic Highway Sketch
Entry Monument Sketch
Thematic Corridor
General Landscape Plan
Business Center Trees
17-53
P..e
UI-2
III-4
III-6
III-7
III -11
III-12
III-13
III-I 5
III-I 6
" III-I 8
III-19
III-20
III-23
III-25
III-26
III-31
III-33
III-35
III-37
III-39
III -4 I
N-2
IV-3
N-4
IV-S
IV-7
Exhibit 21 Landscape Intensity IV-9
Exhibit 22 Plant Material MatrLx IV-14
Exhibit 23 Scope of Special Master Landscape Plan IV-18
EXhibit 24 Building Envelopes - Lots 1-6 V-2
Exhibit 25 Building Architecture - Lots 1-6 VI-3
Exhibit 26 Building Envelopes - Lots 7-9 V-4
Exhibit 27 Building Architecture - Lots 7-9 V-4
Exhibit 28 Building Envelopes - Lots 12-16 V-5
Exhibit 29 Building Architecture - Lots 12-16 V-6
Exhibit 30 Key Map -Lot I V-7
Exhibit 31 Key Map - Lot 2 V-8
Exhibit 32 Key Map - Lot3 ..V-9
Exhibit 33 Key Map - Lot4 V-IO
Exhibit 34 Key Map - Lot 5 V-ll
Exhibit 35 Key Map - Lot 6 V-12
Exhibit 36 Key Map - Lot 7 V-13
Exhibit 37 Key Map - Lot 8 V-14
Exhibit 38 Key Map - Lot 9 V-1S
Exhibit 39 Key Map - Lot 10 V-16
Exhibit 40 Key Map - Lot 11 V-17
Exhibit 41 Key Map - Lot 12 V-18
Exhibit 42 Key Map-Lot 13 V-19
Exhibit 43 Key Map - Lot 14 V-20
Exhibit 44 Key Map-Lot 15 V-21
Exhibit 45 Key Map - Lot l6 V-22
~1-14-05
17-54
Signs employing noise-making devices and components.
Signs with no returns and exposed fastenings.
Rooftop signs.
Post and panel-type signs (except temporary signs).
No sign, notice or other lettering shail be exhibited or affixed on any part of any
building except, as specifically approved in writing by th~:¡;astLake Company.
".4.4.4.2
Sign Criteria Summary~
Specific sign types will be permitted only with designated building typ<:s. as described in the
Sign Criteria Summary matrix on the following page. Building type shail be determined by
the EastLake Company. which decision is final. Listed below are the building type
definitions utilized in the matrix.
BuiJdim! Mounted Signs
, I
f J. RM ;TR 'NGI ...L
"-0'
f T
/
/
/ I
/ I
/
I
f
Exhibit 5
Only one tenant name per building permitted. Utilizing metal reverse channel numbers.
Example illustrates the maximum height permitted for ail cap letterforms.
* Note: Refer to Section II.'¡,3,? lor sian criteria within the Desir!n District overlav area.
~1-14-05
m-l3
17-55
(Note: This document includes only the text and exhibits to be added)
II 4.3.7 Sign Criteria for Design District
The purpose of this section is to address some specific signs for the Design District, as
established in the EastLake II Planned Community District Regulations. In the event that
these criteria do not address any particular sign condition, the applicable provisions of Title
19 of the Chula Vista Municipal Code shall apply.
The Design District will attract business and consumers of home. improvement products and
services. In order to identify the location and efficiently guide the users to their destination
six types of signs are provided for herein. Additional minor on-site signs will be reviewed
as part of the Architecture and Site Plan review. Following approval ofa master Use Pennit
for a Design District, the sign criteria contained in this section shall apply to all signing
within the area covered by the Design District Overlay.
Deviations to the sign standards herein may be approved (up to twenty percent by the Zoning
Administrator or greater than twenty percent by Design Review Committee) based upon the
following fmdings:-
1.
That the sign is consistent with the general quality and character of the
EastLake Business Center II Planned Community;
2.
That the sign provides a benefit to the viability of the Design District;
3.
That the sign provides a benefit to the customers of the Design District;
4.
That the sign is compatible with the character of the other signs in the Design
District and its surroundings.
Sign Locations: Exhibit 15A, Sign Locations by Type, indicates the conceptual locations of
the four freestanding sign types. The exact locations will be established by approval by the
Design Review Committee. Additional typical tenant signs on the buildings are shown on
Exhibit l5A-5, whose location is a component of the overall building design, subject to
Design Review.
Fonts should be simple and clearly legible, except that tenants may use their identity fonts.
The colors of sign materials and letters shall be as shown on the approved Design Review
drawings.
~\-14-05
III-JO
17-56
Design District Sign Locations by Type
A District rdentificalior\ Monument
B District EnIry MOnument
C Tenant Identification Sign
D Project Directional Sign
The $ignfocatíPf1s if1di<tØted pl1 ~is exl'ìí.bit
are approximate, subject to Design Review.
Location of si~ns on buildi
component of the fJuirdíl1g
to Desígn Review.
all be a
¡gr¡, subject
17-57
District Identification Monument - Sign Type "A": This sign is located at the base of the
slope bank at the intersection of Otay Lakes Road and Fenton Street. It is intended to
identifY the district and the major tenants along this arterial highway. This maximum
dimensions and criteria are illustrated on Exhibit 15A-l below.
Max. Size:
Base- 30.0' W x 5.0' H;
Vertical element - 15.0' W x 25.0' H
Tenant Panels: (8) 2.5' H xlO.O' Weach
Logo & Copy to fit within 2'-0" H x 9'6" area
Illumination: Internally illuminated
~ 1-14-0S.
III-32
17-58
~
E
b
,
b
I'?
~1-14-05
Sign Type "A"
i
15'-0"
b
,
io
N
Tenant Panels (8 max.)
at 10'-0" x 2-6".
Logo & Copy to be
9'-6" x 2'-0".
9
io
30'-0" max.
Distritt Identification Monument
Exhibit 15A-l
TII-33
17-59
District Entry Monument - Sign Type "B": This sign identifies the entry to the Home
Improvement District at the intersection of Fenton Street and Showroom Place to efficiently
guide customers to the district. The criteria for \his sign is illustrated on Exhibit 15A-2
below.
Max. Size:
40.0'Wx9.0'H
Letter size:
District Name: 17"H
Logo & Copy for Tenant Names: 8"H
Maximum number of tenant names - 50
illumination: Internally illuminated
ffl:&o99 1-14-05
IIl-34
17-60
-
-
aJ
Q)
(/)GJ
( )m..o
..o..oo..è
c- C)
0 C) ;:"".-
-;¡;. ëi) 0.:=
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en
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t6:8=99 1-14-05
III-35
17-61
-0
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.., -
...
C
( )
E
::1
C
0
:E
~
...
C
W
...
u
:s
tI)
is
Exhibit 15A-2
Tenant Identification Sign - Sign Type "C": This sign directs customers along Showroom
Place by indicating the best entry location to use for identified tenants. The criteria for this
sign is illustrated on Exhibit 15A-3 below.
Max. Size:
6.0'Wx7.0'H
Tenant Panels: (5) lOS' H x 4.0' W each
Logo & Copy to fit within 5.25" x 3.7" area
Illumination: Externally illuminated
~1-14-05
III-36
17-62
a
I
¡....
tB=&o99 1-14-05
Sign Type "e"
6'-0'
4'-0'
[ ::IErslAfSJr J
[: =rElSIAfSJr ï
5 TENANT PANEL SIGNS
@ 10 ,1ç HIGH X 4'-0'
WlDE. MAXIMUM COpy TO
BE 5-1/4'c HiGH X 3'-7'
WIDE.
[: =rErslAfSJr J
[ ::IErslAJSIr J
~
r ï ........ a.:
L =rElSIAfSJr..J ;; ç
Tenant Identification Sign
Exhibit 15A-3
1II-37
17-63
Project Directional Sign - Sign Type "0": After entering the district from an entry drive, this
sign further directs a customer to the specific tenant location. The criteria for this sign is
illustrated on Exhibit 15A-4 below.
Max. Size:
2.5' W x 5.0' H
Copy to fit within 2-112" H x 2'-0" area
Tenant panels - 5
lllumination: Non-illuminated
~1-14-05
1II-38
17-64
Sign Type "0"
5 TENANT
--' I' [:.- LE ISlAm' - ~. 5" HIGH X
MAXIMUM L
[ - TENAIIT - ] BE 2-1/2"
WIDE.
[ - LEJSlAIIT - ] ~~
>< [ - LENAIIT - ]
co [ - LEJSlAfiIT - ]
E
=
a
1
Lo
i
2'-6" max. t
SIGN PANELS @
2' -6" WIDE.
OGO & COpy TO
HIGH X 2'-0"
Project Directional Sign
Exhibit 15A-4
~ 1-14-05
III-39
17-65
Building Signs
Tenant Sign on Tower Element (Refer to Exhibit 15A-5 below). These are for the tower
element in the buildings and identify the primary tenant locations.
Max. Size:
20.0' W x 9' H
Logo & Copy to fit within 9' H x 20' area (5' max. letter height)
Illumination: Internally illuminated.
General Tenant Sign on Buildings (Refer to Exhibit 15A-S below). These are for individual
tenants storefronts within buildings.
Max. Size:
70% of storefront width x 32" H
Logo & Copy to fit within 2'-0" H x 70% storefront length area
Illumination: Internally illuminated.
~1-14-05
III-40
17-66
~1-14-05
Building Signs
"""""".
Tenant Sign on tower Element
.r7~m..""-
I ~~ I
:1' t 7O%o"...of'tc.."""'w~1h t
t ~ Sofa Deeligw m
FLEXSTEEL GALLERY
General Tenant Sign
III-41
17-67
Exhibit 15A-5
EXHIBIT A
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LOCATOR MAP
17-68
ATTACHEMENT4
RESOLUTION NO. PCM-04-16
A RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL APPROVE AMENDMENTS TO
THE EASTLAKE BUSINESS CENTER II SUPPLEMENTAL SPA PLANNED
COMMUNITY DISTRICT REGULATIONS, LAND USE DISTRICT MAP, AND
DESIGN GUIDELINES, TO DEFINE LAND USES AND ADD SPECIFIC SIGN
PROVISONS FOR A 36 ACRE DESIGN DISTRICT OVERLAY LOCATED AT
THE INTERSECTION OF OT A Y LAKES ROAD AND FENTON
STREET/SHOWROOM PLACE-THE EASTLAKE COMPANY LLC.
WHEREAS, a duly verified application for a SPA amendment was filed with the Planning
and Building Department on May 19,2004, by The EastLake Company LLC ("Developer"); and,
WHEREAS, said application requests approval of amendments to the EastLake Business
Center II Supplemental SPA Planned Community District Regulations and Land Use District Map
and Design Guidelines to I) add a new section to the PC District Regulations clarifYing the allowable
land uses for businesses located within a newly created Design District Overlay, 2) amend the Design
Guidelines to add a new section containing sign guidelines applicable only for those businesses
located within the Design District Overlay. ("Project); and,
WHEREAS, the 36 acre project site is located at the intersection of Otay Lakes Road and
Fenton Avenue/Showroom Place (formerly Girard Court). ("Project Site"); and,
WHEREAS, The Envirorunental Review Coordinator has reviewed the proposed project for
compliance with the California Envirorunental Quality Act and has determined that the proposed
project was adequately covered in the previously approved Mitigated Negative Declaration for the
EastLake II General Development Plan (GDP) and EastLake I Sectional Planning Area (SPA) Plan
Amendments (IS-00-03) and the associated Mitigation Monitoring and Reporting Program. Thus, no
further envirorunental review or documentation is necessary; arid,
WHEREAS, the Planning Director set the time and place for a hearing on the Project, and
notice of said hearing, together with its purpose, was given by its publication in a newspaper of
general circulation in the City and it mailing to property owners within 500 feet of the exterior
boundaries of the property, at least 10 days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m.,
February 23, 2005, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission
and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby
recommends that the City Council adopt the attached draft City Council Resolution and Ordinance
approving the amendments to the Design Guidelines signage provisions and the PC District Land
17-69
Use District Map and Regulations in accordance with the findings and subject to the conditions
contained therein with the following recommendations:
1. That the City of Chula Vista be identified within the district identification monument
sign (Sign Type "A")
2. In the processing of the required Master Use Permit for the Design Center, the allowance
of "paint and wallpaper" shall include language that specifies equal floor area for display
of both paint and wallpaper.
BE IT FURTHER RESOLVED THAT a copy of this ordinance be transmitted to the City
Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA
VISTA, CALIFORNIA, this 23rd day of February, 2005, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Diana Vargas, Secretary
Marco Polo Cortes, Chair
17-70
A- IT Ac.. ti Ä..¡ e: 1ù7 'I-
Planning Commission Minutes
- 2 -
February 23, 2005
2. PUBLIC HEARING:
PCM 04-16; Consideration of an amendment to the
Eastlake Business Center II Sectional Planning Area
(SPA) plan, Planned Community District
Regulations, Design Guidelines and associated
regulatory documents.
Background: Jeff Steichen reported that the proposal is a request to amend two
sections of the Eastlake Business Center II SPA Plan and to add provisions for the
development of a design district within the center. The first part of the request is to
amend the PC District Regulations to add a Design District Overlay to the Land Use
District Map and define allowable uses within said district. Secondly, to amend the
District Guidelines to add sign criteria which is specific for businesses that will be
located within the Overlay District.
The area encompasses 36 acres located at the southeast corner of the Eastlake
Business Center; surrounded to the north, east and south by existing residential and to
the west a variety of business offices including corporate headquarters for Hitachi and
Leviton.
The first part of the amendment request is to establish a Design District Overlay. New
language is proposed to be added to the PC District Regulations pertaining to the
development within the Overlay District, which will include the requirement of a Master
Use Permit in order to implement the specific land use provisions.
Although the underlying land use district designation will remain BC-1, only the land
uses which are specifically listed in the newly-created section of the SPA PC District
Regulations will be allowed within the designated area once the MUP is approved.
One of the points that staff differs with the applicant is the request to add the category
of "paint and wallpaper" within the "wholesale/retail" category. Staff believes that this
does not fall into the category of "wholesale" and it could open the door to retail uses
that are not necessarily complimentary within the center.
The second point where they differ is the applicant's proposed sign criteria, which
contains provisions that exceed the allowable number, size and area for signs within
the district. Staff concurs with the applicant that due to the uniqueness of the design
district concept, certain provisions should be added for signage, however, since the
area is within the business center, certain boundaries still need to be maintained.
Sian Tvpe "A" - District Identification Monument. One of the most significant deviations
relates to the proposed 30 foot high entry monument sign, with a primary concern being
the number of tenant panels, which this sign could accommodate up to 8 panels. Staff
recommends that a maximum of five panels be allowed.
17-71
Planning Commission Minutes
- 3 -
February 23, 2005
Siqn Type "B" - District Entry Monument. While staff concurs with the applicant over
the appropriateness of the entry identification signs, the applicant is proposing to have
up to 50 tenant logos on the base of the sign. Staff believes it's unnecessary to have
tenant logos and is recommending that all they haye is the district logo.
Siqn Type "C" - Tenant Identification Sion. Staff recommends allowing only one of
these signs at each entry driveway rather than two as proposed by the applicant.
Staff Recommendation: That the Planning Commission adopt Resolution PCM 04-16
recommending that the City Council approve the proposed amendments to the
Eastlake II Planned Community District Regulations and the Eastlake Business Center
II Design Guidelines based on the findings contained in the draft City Council
Ordinance and Resolution.
Public Hearing Opened.
Mike Vogt, Developer, 368 Surrey Drive, Bonita, CA, stated that the design district
will be the only home-improvement showroom district south of Interstate 8, but more
significantly it can become the best design district in all of San Diego County. Unlike
other design districts located on Mira Mar Rd. and the 78 corridor, which one could
describe as a mass of unplanned and disconnected showrooms; by contrast, the
Eastlake Design District will be located on a Master Planned 34 acres site and will bring
a cohesive district with clarity that appeals to today's upscale shoppers.
The center will be a state-of-the-art regional design district with showrooms for flooring,
game room tables, spas, appliances, tile, lighting, and many fine furniture showrooms.
In order to achieve the vision for the district, it is essential that the SPA amendment
incorporate the carefully-designed sign program, as well as all of the uses that are
necessary to be truly a complete home-improvement showroom district.
The center will consist of ten buildings with approximately 50 showrooms ranging in
size from approximately 2,000 to 50,000 sf., and will benefit the City by generating
approximately 1.3 million dollars in tax revenue and creating approximately 500 jobs.
Mr. Vogt stated that in order to ensure the center's success, they recognize there are
some obstacles they must overcome with respect to image, therefore, they are pursuing
an aggressive marketing and PR campaign in order to attract the design industry to
Chula Vista.
The second obstacle is that the district has no freeway visibility and has very little
frontage on a major street. To address this issue, a comprehensive sign program has
been designed.
17-72
Planning Commission Minutes
- 4 -
February 23, 2005
The main entry monument sign (sign A) has been designed to allow for four anchor
tenants of Phase I and four anchor tenants of Phase II.
The tenant logos that are proposed to be on the tile base of the entry monument signs
(B) are intended to be more of a backdrop and an incentive for people to come into the
district, letting them know that there are several types of showrooms in that district.
The reason for proposing two tenant directional ground signs (C) on both sides of the
driveway is not to duplicate names; for example, Bassett would have their name on one
sign and another company would have their name on the other sign. Additionally, the
tenants will collectively be spending millions of dollars in advertising and are of the
opinion that it is important to make it convenient to their customers to know which
driveway to turn into and not have to look through dense landscaping material to try to
read a sign on a building fascia.
Ground Sign D, the interior tenant directional signs are simply to direct customers to the
showroom locations once they come into the site. There are no issues with staff
regarding this sign.
Mr. Vogt concluded by stating that he appreciated the Commission's consideration of
their project and he and his consultants were there to answer any questions the
Commission might have.
Public Hearing Closed.
Cmr. Hom stated that in recent reviews of commercial centers, it has been a
consensus of the Commission to recommend that the name of "Chula Vista" be
incorporated in to the design of the sign plan; he inquired if any consideration had been
given to include "Chula Vista" in the sign plan for this project.
Mr. Vogt responded that although they have been encouraged by The Eastlake
Company to name it The Eastlake Design District, the PR and marketing campaign that
they've embarked upon in order to attract the industry to come to Chula Vista,
essentially is a marketing campaign selling the City of Chula Vista.
Mr. Vogt further stated that he would like to see the design district advertised on the
kiosk roadside signs located on the main arterials in eastern Chula Vista advertising
the master planned communities.
Cmr. Felber reaffirmed Cmr. Hom's statement regarding the Commission's desire and
recommendation to incorporate the name of "Chula Vista" in the sign program.
Cmr. O'Neill stated that he too echoes Cmrs. Hom and Felber's statements regarding
17-73
Planning Commission Minutes
- 5 -
February 23, 2005
the name of Chula Vista, and also supports the applicant's desire to add the design
center to the kiosk arterial signs that shows the master planned communities.
Cmr. O'Neill further stated that he supports the applicant's design proposal for the entry
monument sign 8, however, he is concerned that as tenants come and go, that could
create a mish-mash of empty tiles, therefore, he would recommend as a condition of
approval that the applicant ensure that a new tile replaces the vacated tile.
Cmr. O'Neill stated that although he understood staff's concerns with adding the
category of "paint and wallpaper" as an allowed use, in his opinion this is an appropriate
use for the design center and suggested that perhaps language could be added to the
description in the Master Use Permit stating that an equal or significant amount of floor
area be designated for both paint and wallpaper.
Mr. Vogt responded that that had been discussed with their sign company and they
were assured that there would be a means by which to do this.
A discussion followed regarding adding the name of "Chula Vista" to the signage.
Dave Hanson stated that it is within the Commission's purview to make a
recommendation to the applicant as to what their preference would be to name the
center, however, there are First Amendment rights involved with signage, therefore, he
admonished the Commission to refrain from compelling the applicant to name his
project in a specific manner.
MSC (HalllFelber) (5-0-1-0) that the Planning Commission recommend that the
City Council; 1.) approve the amendments to the Eastlake II Planned Community
District Regulations adding "paint and wallpaper" as an allowable land use, and
2.) approve the Eastlake Business Center II Design Guidelines incorporating the
applicant's proposals for the sign program and their recommended language
contained in the PC District Regulations with the following clarification on their
recommendations:
. That the Planning Commission is accepting the applicant's proposal for the
number of tenant logos on district identification sign A, the number of tenant
logos on entry monument sign B and the number of entry monument signs C.
. That consideration be given to incorporate the name of "Chula Vista" on the
district identification signs, and
. That language be added to the Master Use Permit stating that an equal or
significant amount of floor area be designated for both paint and wallpaper.
Motion carried.
Diana Vargas, Secretary to the Planning Commission
17-74
02/08/05
11: 33 FA.l
c. V. PLANNING & BUILDING
ATTACHMENT 5
~\It.-
-~-
-
Q1Y Of
CHUlA VISTA
/~
Planning
&
Building Department
Planning Division I Development Processing
APPLICATION APPENDIX B
Disclosure Statement
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council,
Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financiai
interests. payments, or campaign contributions for a City of Chula Vista election must be filed. The following information -
must be disclosed:
1.
List the names of all persons having a financial interest in the property that Is the subject of the application or the
contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
The EastLake com~any LLC
a l;alltorma limite liability company
2.
If any person' identified pursuant to (1) above is a corporation or partnership, list the names of alii ndividuals with
a $2000 Investment in the business (corporationJpartnership) entity.
N/A
3.
If any person' identified pursuant to (1) above is a non-profit organization or trust, list the names of any person
serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust.
N/A
Please identify every person, including any agents, employees, consultants, or independent contractors you have
assigned to represent you before the City in this matter.
William T. Ostrem
4.
5.
Has any person' associated. with this contract had any financial dealings with an official" of the City of Chula
Vista as it relates to this contract within the past 12 months. Yes- No~
If Yes, briefly describe the nature of the financial interest the official" may have in this contract.
6.
Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the
Chula Vista City Council? No .JS.Yes _If yes, which Council member?
276 Fourth Avenue
Chuia Vista
California
9191 U
(619) &91-5101
17-75
02/08/05
11:33 FAX
C.V. PLANNING & BUILDiNG
I4i 003
~\r~
:--~
Planning
&
Building Department
Planning Division I Development Processing
cm Of
CHULA VISfA
APPLICATION APPENDIX B
Disclosure Statement - Page 2
7.
Have you provided more than $340 (or an item of equivalent value) to an official" of the City of Chula Vista in the
past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc,)
Ves- No~
If Ves, which official" and what was the nature of item provided?
Dæe: February 9, 2005
Signatu nlra ~ Icant
William T. strem, President/CEO
The EastLake Company. LLC Print or
type name of Contractor/Applicant
Person is defined as: any individual, firm, co-partnership, joint venture, association, social ciub, fraternal
organization, corporation, estate, trust, receiver, syndicate, any other county, city, munlcipaiity, district, or other
political subdivision, -or any other group or combination acting as a unit.
Official includes, but Is not limited to: Mayor, Council member, Planning Commissioner, Member of a board,
commission, or committee of the City, employee, or staff members,
276 Fourth Avenue
Chula Vista \ California
17-76
91910
(619) &91-5101
RESOLUTION NO. 2005-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AMENDMENTS TO THE
EASTLAKE BUSINESS CENTER IT SUPPLEMENTAL SPA.
1.
RECITALS
A
Project Site
WHEREAS, the areas of land which are the subject of this Resolution are
diagrammatically represented in Exhibit "A" and hereto incorporated herein by this Resolution,
and commonly known as the Design District Overlay within the EastLake Business Center, and
for the purposes of general description consists of approximately 36 acres located at the
intersection of Otay Lakes Road and Fenton Street/Showroom Place (formerly Girard Court).
("Project Site"); and,
B.
Project; Application for Discretionary Approvals
WHEREAS, the proposed amendments to the EastLake Business Center IT Supplemental
SPA Planned Community (PC) District Regulations and Land Use District Map and Design
Guidelines to: 1) add a new section to the PC District Regulations clarifying the allowable land
uses for businesses located within a newly created Design District Overlay, 2) amend the Design
Guidelines to add a new section containing sign guidelines applicable only for those businesses
located within the Design District Overlay. ("Project"); and,
C.
Prior Discretionary Approvals
WHEREAS, the development of the Project Site has been the subject matter of various
entitlements, including: 1) a General Plan Amendment, General Development Plan and
Sectional Planning Area Plan and associated Design Guidelines, Public Facilities
Financing Plan and Comprehensive Affordable Housing Plan previously approved by
City Council Resolution No. 2002-264 on July 23,2002; and 2) Planned Community
District Regulations approved by Ordinance No. 22863 on August 6,2002; and
D. Planning Commission Record of Application
WHEREAS, the Planning Commission held an advertised public hearing on the Project
on February 23,2005, and after hearing staff presentation and public testimony voted 5-0-1 to
recommend that thè City Council approve the Project, in accordance with the fIDdings and
subject to the conditions listed below; and
17-77
Resolution xxxxx
Page 2
E.
City Council Record of Application
WHEREAS, the City Clerk set the time and place for the hearing on the Project
applications and notices of said hearings, together with its purposes given by its publication in a
newspaper of general circulation in the city, and its mailing to property owners within 500 ft. of
the exterior boundaries of the Project Sites at least ten days prior to the hearing.
F.
CitY Council Hearing
WHEREAS, a duly called and noticed public hearing was held before the City Council
on March 8, 2005 on this Project; and
WHEREAS, the hearing was continued to March 22,2005.
NOW THEREFORE BE IT RESOLVED that the City Council hereby find, determine
and resolve as follows:
II.
COMPLIANCE WITH CEQA
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act and has determined that the proposed project was
adequately covered in the previously approved Mitigated Negative Declaration for the EastLake
II General Development Plan (GDP) and EastLake I Sectional Planning Area (SPA) Plan
Amendments (1S-00-03) and the associated Mitigation Monitoring and Reporting Program.
Thus, no further environmental review or documentation is necessary.
III.
SPA FINDINGS/ APPROVAL
A.
THE SECTIONAL PLANNING AREA (SPA) PLANS (AS AMENDED) ARE IN
CONFORMITY WITH THE EASTLAKE II GENERAL DEVELOPMENT PLAN AND
THE CHULA VISTA GENERAL PLAN.
The proposed amendments to the sign guidelines do not affect the adopted EastLake II
General Development Plan nor the Chula Vista General Plan. The amendments only
involve the addition of specific sign guidelines unique to a design district which will
allow additional needed signage beyond what is currently allowed within the Eastlake
Business Center. Furthermore, the proposed amendments to said sign regulations will
only affect the 36 acres within the Business Center which contain the Design District
Overlay.
17-78
Resolution xxxxx
Page 3
B.
THE SECTIONAL PLANNING AREA PLANS WILL PROMOTE THE ORDERLY
SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL
PLANNING AREAS.
The "project" will help promote the orderly development of the Eastlake II Sectional
Planning Area (SPA) Plan. Allowing additional signage to meet the needs of home
improvement type businesses which locate within the newly established design district
overlay area will encourage said businesses to locate therein and, thereby, help promote
the development of this 36 acre area located near the southeast corner of the EastLake
Business Center. The project site traverses all three sides of a cul-de-sac street. It is
further anticipated that the development will attract other businesses into the business
center.
C.
THE EASTLAKE CENTER II SUPPLEMENTAL SPA, AS AMENDED, WILL NOT
ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT,
CIRCULATION OR ENVIRONMENTAL QUALITY.
The "Project" will provide for the unique signage needs of tenants who occupy space
within the design district. The proposed guidelines allow additional signage than
typically allowed in the business center due to the uniqueness of the "design district"
concept within the business center. Development of specific sign guidelines for the
design district will allow more flexibility than what is typically allowed within the
business park and yet is still restrictive enough to maintain the character of a business
center and safeguard the area from becoming more retail oriented. In this regard, staff
has recommended certain reductions in the amount of signage proposed by the applicant
in order to safeguard the integrity of the business center concept and not allowing the
type of allowable signage to transition towards more retail orientation.
Allowing for a larger monument sign is appropriate given both the need for additional
signage for the anchor tenants as well as the location of said sign being along a major
thoroughfare along the southeast entrance to the business center. The major combination
of site location, surrounding slopes and major thoroughfare to the south provide the
necessary buffers to insure that the additional signage allowed for the design center will
not negatively impact existing residential development to the north, east and south.
D.
IN THE CASE OF PROPOSED INDUSTRIAL AND RESEARCH USES, THAT SUCH
DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION, AND
OVERALL DESIGN AND DEVELOPMENT STANDARDS ARE SUCH AS TO
CREATE A RESEARCH OR INDUSTRIAL ENVIRONMENT OF SUSTAINED
DESIRABILITY AND STABILITY; AND, THAT SUCH DEVELOPMENT WILL
MEET PERFORMANCE STANDARDS ESTABLISHED BY THIS TITLE.
17-79
Resolution xxxxx
Page 4
The amendments do not involve areas planned for industrial or research uses.
E.
IN THE CASE OF INSTITUTIONAL, RECREATIONAL, AND OTHER SIMILAR
NONRESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL BE
APPROPRIATE IN AREA, LOCATION AND OVER-ALL PLANNING TO THE
PURPOSE PROPOSED, AND THAT SURROUNDING AREAS ARE PROTECTED
FROM ANY ADVERSE EFFECTS FROM SUCH DEVELOPMENT.
The amendments do not involve these Institutional, Recreational or similar uses.
F.
THE STREET AND THOROUGHFARES PROPOSED ARE SUITABLE AND
ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON.
The City's Traffic Engineering Section had detennined that since the proposed uses and
corresponding sign provisions are simply further refinements of already permitted uses
within the EastLake Business Center, no additional traffic studies are required
G.
ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED
ECONOMICALLY AT THE LOCATION (S) PROPOSED AND WILL PROVIDE
ADEQUATE COMMERCIAL FACILITIES OF THE TYPES NEEDED AT SUCH
PROPOSED LOCATION (S).
The EastLake proposed amendment is consistent with certain commercial uses already
allowed in the SPA.
H.
THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND
ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID
DEVELOPMENT.
The "Project" will be confIDed to 36 acres located at the southeast portion of the
EastLake Business Park. The area is to be developed is fairly isolated from the remainder
of the business park. As a result, the surrounding vacant parcels within the business park
can be developed in the same fashion as existing business developments.
1.
In light of the findings above, the City Council does hereby approve the EastLake
Business Center II Supplemental SPA amendment as shown in Exhibit "B."
17-80
Resolution xxxxx
Page 5
IV.
SPA CONDITIONS OF APPROVAL
1. Prior to approval of any business license within the 36 acre design district
overlay, the applicant must apply for and receive approval of a Master Use Permit
in accordance with the provisions established by these amendments.
2. Tables and exhibits in the EastLake Business Center IT Supplemental SPA Plan
must be modified to reflect the proposed amendments. Prior to submittal of
application for the required Master Conditional Use Permit, the applicant shall
submit 20 copies of amended documents for review and approval by the Director
of Planning and Building.
3. All other conditions of any previous resolutions affecting the EastLake Business
Center IT Supplemental SPA shall remain in full force and effect.
V.
CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the forgoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, and any of such conditions fail to be so implemented and
maintained according to the their terms, the City shall have the right to revoke or modify all
approvals herein granted, deny or further condition issuance of shall future building permits,
deny, revoke or further condition all certificates of occupancy issued under the authority of
approvals herein granted, instituted and prosecute litigate or compel their compliance or seek
damages for their violations. No vested rights are gained by Developer or successor in interest by
the City approval of this Resolution. .
XI.
INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent
upon enforceability of each and every term provision and condition herein stated; and that in the
event that anyone or more terms, provisions or conditions are determined by the Court of
competent jurisdiction to be invalid, illegal or unenforceable, if the city so determines in its sole
discretion, this resolution shall be deemed to be revoked and no further in force or in effect.
Presented By
Approved as to form by
Q~~ f ;Mz
Jim Sandoval
Director of Planning and Building
City Attorney
17-81
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AMENDMENTS TO THE
EASTLAKE BUSINESS CENTER II SUPPLEMENTAL SPA
PLANNED COMMUNITY DISTRICT REGULATIONS AND
LAND USE DISTRICTS MAP, TO DEFINE PERMITTED
LAND USES WITHIN A 36 ACRE NEWLY CREATED
DESIGN DISTRICT OVERLAY LOCATED AT THE
INTERSECTION OF OTAY LAKES ROAD AND FENTON
AVENUE/SHOWROOM PLACE WITHIN THE EASTLAKE
BUSINESS CENTER.
1.
RECITALS
A. Project Site
WHEREAS, the area of land which is subject matter of this Ordinance is
diagrammatically represented in Exhibit "A" attached hereto and incorporated herein
by this reference, and commonly known as the Design District Overlay within the
EastLake Business Center, and for the purpose of general description herein consists of
approximately 36 acrés located at the intersection of Otay Lakes Road and Fenton
Avenue/Showroom Place (fo=erly Girard Place). ("Project Site"); and
B. Project; Application for Discretionary Approval
WHEREAS, a duly verified application for a SPA amendment was filed with the
Planning and Building Department on May 19, 2004, by The EastLake Company LLC
requesting approval of amendments to the EastLake Business Center II Supplemental
SPA Planned Community District Regulations and Land Use District Map and Design
Guidelines to I) add a new section to the PC District Regulations clarifying the
allowable land uses for businesses located within a newly created Design District
Overlay, 2) amend the Design Guidelines to add a new section containing sign
guidelines applicable only for those businesses located within the Design District
Overlay. ("Project); and,
C. Prior Discretionary Approvals
WHEREAS, the development of the Project Site has been the subject matter of various
entitlements, including: 1) a General Plan Amendment, General Development Plan and
Sectional Planning Area Plan and associated Design Guidelines, Public Facilities
Financing Plan and Comprehensive Affordable Housing Plan previously approved by
City Council Resolution No. 2002-264 on July 23,2002; and 2) Planned Community
District Regulations approved by Ordinance No. 22863 on August 6,2002; and
17-82
Page 2
D. Planning Commission Record on Applications
WHEREAS, the Planning Commission held an advertised public hearing on the Project
on February 23,2005, and after staff presentation and public testimony, voted 5-0-1 to
recommend that the City Council approve the Project, in accordance with the findings
listed below; and
E. City Council Record of Applications
WHEREAS, a duly called and noticed public hearing on the Project was held before the
City Council of the City ofChula Vista on March 8, 2005, on the Project and to receive
the recommendations of the Planning Commission, and to hear public testimony with
regard to same; and
WHEREAS, the City Clerk set the time and place for a hearing on said Planned
Community District Regulations amendment application and notice of said hearing,
together with its purpose, was given by its publication in a newspaper of general
circulation in the City, and its mailing to property owners within 500 feet of the
exterior boundary of the project at least ten-days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely 4:00 p.m.
March 8, 2005, in the Council Chambers, 276 Fourth Avenue, before the City Council
and said hearing was thereafter closed; and
WHEREAS, the hearing was continued to March 22, 2Q05.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby find,
determine and ordain as follows:
II. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their
public hearing on this Project held on February 21, 2005, and the minutes and resolution
resulting therefrom, are hereby incorporated into the record of this proceedings.
III. CERTIFICATION OF COMPLIANCE WITH CEQA
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act and has determined that the proposed project was
adequately covered in the previously approved Mitigated Negative Declaration for the EastLake
II General Development Plan (GDP) and EastLake I Sectional Planning Area (SPA) Plan
17-83
Page 3
Amendments (IS-00-03) and the associated Mitigation Monitoring and Reporting Program.
Thus, no further environmental review or documentation is necessary.
IV. FINDINGS FOR PLANNED COMMUNITY LAND USE DISTRICTS MAP
AMENDMENT
The City Council hereby finds that the proposed amendments to the EastLake Business
Center II Planned Community Districts Map are consistent with the City of Chula Vista General
Plan, and will provide an overlay area in which business related to home improvement can
congregate with built in safeguards to prevent incompatible land uses nom taking place within
said overlay; and that public necessity, convenience, the general welfare and good zoning
practice support the amendment.
V.
APPROVAL
Based on the above, the City Council hereby approves the proposed amendments to the
EastLake Business Center II Planned Community District Regulations and Land Use District
Map as depicted in Exhibit "B" and Exhibit "C"attached hereto.
V1.
INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Ordinance is dependent
upon the enforceability of each and every term, provision and condition herein stated; and that in
the event that anyone or more terms, provisions or conditions are determined by a Court 'of
competent jurisdiction to be invalid, illegal or unenforceable, this Ordinance shall be deemed to
be automatically revoked and of no further force and effect ab initio.
VII.
EFFECTIVE DATE
This ordinance shall take effect and be in full force on the thirtieth day nom and after its
adoption.
Presented by
Approved as to form by
Jim Sandoval
Director of Planning and Building
iltm
Moore 1
City Attorney
17-84
Memorandum
To: Mayor and City Council
From: Erin Bradley, Intergovernmental Affairs Coordinator
Date: March 22, 2005
Subject: Health Care in the South Bay
This packet contains:
1. An update on the issue
2. Letter of Support to Supervisor Cox
3. County Board of Supervisors Agenda, Item 12
4. Attached Documents to Item 12
If you have any additional questions, I will be happy to research and answer them.
Thank you,
Erin Bradley
Intergovernmental Affairs Coordinator
619-691-5175 (direct line)
ebradlev@ci.chula-vista.ca.us
CC: Tom Oriola
City Clerk
Health Care Update
County Board of Supervisors Meeting (3.22.05, 9 am.)
In addition to the attachments located behind this update (verbalized in the meeting), there were
a few key points brought forward in the diSCussion.
According to Supervisor Roberts, the 5 major topics of the comprehensive study include:
1. The Trauma System
2. Provision of ER Services
3. Access to Care
4. Hospital Services
5. Indigent Services
According to Supervisor Slater, the 4 major constraints for hospitals are:
1. Low reimbursement
2. Nursing and staff constraints now regulated by State law
3. Seismic relrolit requirements
4. Coverage for undocumented immigrants
Chula Vista's involvement in the issue:
1. The attached letter was sent to Supervisor Cox supporting the assessment.
2. I am cumentiy in the organizing stage of gathering a local group of citizens, community leaders,
and hospital staff to work with the City, create dialogue and stay informed. I have started making
contacts and welcome any additional ideas you may have regarding people to contact for this
group.
3. I am attending a legislative aide breakfast put on by Sharp Health Care on
Wednesday, April 6 from 8-9:30am.
OFFICE OF THE MAYOR
Stephen C. Padilla
March 21, 2005
Supervisor Greg Cox
San Diego County Board of Supervisors
1600 Pacific Highway
San Diego, CA 92101
Dear Supervisor Cox:
I am writing this letter in support of your consideration
to undertake a long- range analysis of the region's needs
for hospitalization and trauma care. This assessment is
important to the residents of the City of Chula Vista, and
I appreciate the special attention you are giving this
matter.
As you know, Chula Vista is one of the fastest growing
cities in the nation. My colleagues and I want to ensure
that our residents are provided with the best healthcare
available-today and tomorrow. We are concerned about any
reduction in medical services to our increasing population.
Again, the City Council and I thank you for looking into
this very important matter, which is so critical to our
many residents. We pledge our cooperation as you research
the needs of the City of Chula Vista and the region.
Sincerely,
,,~~(~
276 Fourth Avenue . Chula Vista. California 91910 . (619) 691-5044 . Fax (619) 476-5379
spadilla@ci.chula-vista.ca.us
12. SUBJECT: HOSPITALIZATION AND TRAUMA CARE 2025 REGIONAL
FORECAST FOR SAN DIEGO COUNTY (DISTRICT: ALL)
OVERVIEW:
The health and well being of all County residents lies at the core of our mission to serve the
public.
Our County population is expected to hit 3.9 million by 2020. The most recent statistics
indicate that more than 686,000 residents in the region receive Medicare or Medi-Cal and it
is estimated that more than 500,000 are entirely uninsured. Although difficult to estimate,
anecdotal evidence points to thousands more who may be underinsured. Additionally, our
location along the D.S./Mexico border results in the region's hospitals bearing the cost of
uncompensated care for a sizeable number of undocumented immigrants. Combined with
the growing and aging of our local population as a whole, our region faces an enormous
challenge of maintaining adequate trauma, emergency, inpatient and outpatient services that
are afford.able and accessible over the next two decades and beyond, especially for the
working poor and indigent.
Today's action would build upon the past leadership of the County to conduct a first-of-its-
kind long-range needs assessment and analysis of the future inpatient, outpatient, emergency
and trauma care needs of the region, focused on where and how these services should be
provided over the next 10-20 years.
FISCAL IMPACT:
There should be no impact upon the FY 04-05 Operational Plan. Costs should be met out of
current appropriations and fund balance.
RECOMMENDATION:
SUPERVISOR COX AND SUPERVISOR ROBERTS:
I. Direct the Chief Administrative Officer to develop a needs assessment and
analysis of inpatient, outpatient, and emergency care over the next 20 years,
specifically for the region's working poor and indigent, as well as where trauma
centers will be needed.
2. Direct the CAO to report back to the Board of Supervisors in 180 days with a
status report on the progress of the needs assessment and analysis.
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BOARD OF SUPERVISORS Ti:I}"': :\
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1800 PACIFIC HIGHWAY, ROOM 33&, SAN DIEGO. CALIFORNIA 92101-2470 '
DATE: March 22,2005
TO: Board of Supervisors
SUBJECT: Hospitalization and Trauma Care 2025 Regional Forecast for San Diego County
(District: All)
SUMMARY:
Overview
The health and well being of all County residents lies at the core of our.mission to serve
the public.
Our County population is expected to hit 3.9 million by 2020. The most recent statistics
indicate that more than 686,000 residents in the region receive Medicare or Medi-CaI and
it is estimated that more than 500,000 are entirely uninsured. Although difficult to
estimate, anecdotal evidence points to thousands more who may be underinsured.
Additionally, our location along the U.S./Mexico border results in the region's hospitals
bearing the cost of uncompensated care for a sizeable number of undocumented
immigrants. Combined with the growing and aging of our local population as a whole,
our region faces an enormous challenge of maintaining adequate trauma, emergency,
inpatient and outpatient services that are affordable and accessible over the next two
. decades and beyond, especially for the working poor and indigent.
Today's action would build upon the past leadership of the County to conduct a first-of-
its-kind long-range needs assessment and analysis of the future inpatient, outpatient,
emergency and trauma care needs of the region, focused on where and how these services
should be provided over the next 10-20 years.
lRleconunendatlon~)
SUPElRlVISOlRl GlRlEG COX AND SUPERVISOlRl RON lRlOBElRlTS
I, Direct the Chief Administrative Officer to develop a needs assessment and analysis of
inpatient, outpatient, and emergency care over the next 20 years, specifically for the
region's working poor and indigent, as well as where tralima centers will be needed.
2. Direct the CAO to report back to the Board of Supervisors in 180 days with a status
report on the progress of the needs assessment and analysis.
"
SUBJECT: HOSPITALIZATION AND TRAUMA CARE 2025 REGIONAL
FORECAST FOR SAN DIEGO COUNTY (DISTRICT: ALL)
12
Fiscal Impact
There should be no impact upon the FY 04-05 Operational Plan. Costs should be met out
of current appropriations and fimd balance.
BACKGROUND:
Individual health care providers perform their own resource planning to ensure their goal of their
continued viability. Recently the University of California at San Diego (UCSD) has unveiled
one such plan, its "21 st Century Vision." UCSD currently serves a substantial number of the
region's poor and uninsured residents, some 124,000 patients a year who depend on services at
their acute care hospital in Hillcrest as well as their La Jolla facility. UCSD has proposed
closing its Hillcrest Hospital and relocating its trauma center and in-patient beds to an expanded
Thornton Hospital in La Jolla, leaving a free standing emergency room as one of the main
functions of the Hillcrest campus.
We need to better understand how UCSD's proposed trauma center and hospital relocation and
closure will impact the accessibility of health care region-wide and affect the capacity of other
facilities to absorb patients. This also raises the issue of where and how patients who live in
Central and South San Diego County specifically will be affected by the relocation of hospital
beds. Weare also concerned about how trauma patients will be impacted by having only one of
the five adult trauma centers south of Interstate 8 remain open, when over 40 percent of the
region's trauma patients originate from this area.
The health and well being of all County residents lies at the core of our mission to serve the
public. Working to ensure that low-income residents can access appropriate and affordable
healthcare is critical to that mission. In order to continue our efforts, we must understand how a
growing and changing population will access inpatient, outpatient, emergency and trauma
services in the health care system as it will exist over the next 20 years.
The County provides a medical care safety net through a number of programs including County
contracts with private hospitals and physicians through the County Medical Services (CMS)
program to provide inpatient and emergency room care to medically indigent patients. Specialty
care is provided through a network of specialists under contract with the County. The County
also contracts with (UCSD) primarily for emergency room care and some inpatient care.
Primary care is provided through contracts with community clinics at sites across the County for
low-income individnals and those not eligible for CMS or Medi-Cal through a sliding fee scale.
The County operates a number of public health clinics, although they do not provide treatment
for people with illnesses and injuries. Additionally, the County has responsibility for
establishing eligibility for the State's Medi-Cal program.
Furthermore, the County plays a fimdamental role in the way that the region's hospitals deliver
care to their patients by shaping the region's trauma system and by designating local hospitals as
trauma centers. On February 12, 2002 (19) the Board conducted a comprehensive assessment of
that trauma system to determine its stability.
Onr County"population, currently larger than 20 states, is expected to hit 3.9 million by 2020.
The most recent statistics indicate that more than 686,000 residents in the region receive
Medicare or Medi-Cal and it is estimated that more than 500,000 are entirely uninsured.
"
SUBJECT: HOSPITALIZATION AND TRAUMA CARE 2025 REGIONAL
FORECAST FOR SAN DIEGO COUNTY (DISTRICT: ALL)
12
Although difficult to estimate, anecdotal evidence points to thousands more who may be
underinsured. Additionally, our location along the U.S./Mexico border results in the region's
hospitals bearing the cost of uncompensated care for a sizeable munber of undocumented
inunigrants. Combined with the growing and aging of our local population as a whole, our
region faces an enormous challenge of maintaining adequate trauma, emergency, inpatient and
outpatient care services that are affordable and accessible over the next two decades, especially
for the working poor.
As our popu1ation changes, the nation's healthcare industry itself has also changed to meet its
needs. Hospitals are focused more now on outpatient care than they have been in the past.
Policy changes, rising costs and low reimbursement rates by the federal and state governments
for Medi-CaI and Medicare have also contributed to the rapid growth of managed care and other
adjustments to the delivery of traditional health services. Additionally healthcare costs have
been impacted by the cost of retrofitting hospitals to meet stricter State seismic safety
requirements for inpatient facilities. Despite the fact that so many issues impact the region's
inpatient and outpatient care network, emergency and trauma system as a whole, our region lacks
a comprehensive assessment of these needs for County residents into the future, particularly for
the working poor and indigent.
Today's action would build upon the past leadership that the County has demonstrated to
conduct a first-of-its-kind long-range needs assessment and analysis of specific health care needs
of the region and report back to the Board of Supervisors in 180 days on the progress of
obtaining those results.
The needs assessment and analysis will examine demographic shifts over the next 10-20 years
and how those changes stand to impact the availability and accessibility of the region's network
of inpatient, outpatient, emergency and trauma care particularly for the indigent health care
system and for low-income and uninsured residents. Essential to the analysis will be an
examination of where and how inpatient, outpatient, emergency and trauma services are
delivered with relation to transportation projections throughout the region. When complete, the
analysis will provide objective information that will allow the County to accurately assess how
indigent patients and the working poor will be affected by proposed changes in the health care
system, such as what impact the proposed relocation ofUCSD's Hillcrest hospital will have on
these patients living and working in Central and South San Diego County.
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Respectfully Submitted,
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Supervisor, First District
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