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HomeMy WebLinkAboutAgenda Packet 2005/06/21 ~ ~ It-- u.z: ~~~~ ---:...- declare under penalty of perjury th~t I am -;mp\oyed by the City of Chula Vista In the. JUice of the City Clerk and that \ posted thIs Jocument on the bulletin board according to 3.r.o. wnAC~reqUirements. J & ~ ','ed ,,/1;6s Signed em OF (HUlA VISTA Stephen C. Padilla, Mayor Deputy Mayor Patty Davis Councilmember John McCann Councilmember Jerry R. Rindone Councilmember Steve Castaneda David D. Rowlands, Jr., City Manager Ann Moore, City Attorney Susan Bigelow, City Clerk CITY COUNCIL AGENDA June 21, 2005 6:00 P.M. 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 · PROGRESS REPORT BY JOANN JONAS, SENIOR LIBRARIAN, ON THE CHULA VISTA YOUTH COMMISSION CONSENT CALENDAR (Items 1 through 10) 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. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH ATEL FOR MAINTENANCE OF THE NEC NEAX 2400 TELEPHONE SWITCH FOR A PERIOD OF ONE YEAR WITH AN OPTION TO RENEW THE AGREEMENT FOR NINE ADDITIONAL ONE-YEAR OPTION PERIODS On July 12, 1985 the City installed the NEC NEAX 2400 telephone switch. The maintenance contract for the switch expires on June 30, 2005. Adoption of the resolution approves an agreement with A TEL for maintenance of the telephone switch. (Director of Management and Information Services) Staff recommendation: Council adopt the resolution. Page 1 - Council Agenda June 21, 2005 2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING (MOD) BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA ELEMENTARY SCHOOL DISTRICT REGARDING JOINT OPERATION OF THE DYNAMIC AFTER SCHOOL HOURS (DASH) AFTER SCHOOL RECREATIONAL PROGRAM; AND THE SAFE TIME FOR RECREATION, ENRICHMENT, AND TUTORING FOR CHILDREN (STRETCH) EXTENDED SCHOOL DAY EDUCATIONAL PROGRAM; AND AUTHORIZING THE MAYOR TO EXECUTE THE MOU Adoption of the resolution approves an updated MOU between the City and the Chula Vista Elementary School District for Fiscal Year 200512006, which includes expansion of the DASH Program to one new site (Veterans Elementary School), and an expansion in the number of students served at one STRETCH site (Harborside School). It also carries forward the program enhancements introduced in the January 2005 Addendum, i.e. the operation of "DASH Plus" at four school sites and the expansion of the number of STRETCH students served at Lauderbach and Montgomery Schools. The Chula Vista Elementary School District Board will be voting on the Fiscal Year 2005/2006 MOD at its June 21,2005 meeting. (Assistant City Manager Palmer) Staff recommendation: Council adopt the resolution. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PAYMENT OF $106,881 TO THE COUNTY OF SAN DIEGO FOR THE CITY'S SHARE OF THE OTAY RIVER WATERSHED MANAGEMENT PLAN FROM THE EXISTING EXPENDITURE BUDGET OF THE PLANNING AND BUILDING DEPARTMENT As a member of the Joint Exercise Powers Agreement, with an interest in the Otay River, the City is responsible for its share of the cost for a watershed management plan. As the lead agency, the County of San Diego presented the City with an invoice for said plan. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING PAYMENT OF $30,383 TO JENAL ENGINEERING CORPORATION AND $26,870 TO SPK CONSULTING FOR WORK COMPLETED IN ADDITION TO THE ORIGINAL CONTRACT WORK ASSOCATED WITH THE REMOVAL OF UNDERGROUND FUEL TANKS AT 707 F STREET The Council previously authorized work for underground fuel storage tank removal at 707 F Street, and the work has been completed. Adoption of the resolution authorizes payment of $57,253 for additional work performed to remove contaminated soil that was stockpiled for an environmental assessment and transported to an area landfill for disposal. (Director of Public Works Operations) Staff recommendation: Council adopt the resolution. Page 2 - Council Agenda June 21, 2005 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORTS FOR THE FISCAL YEAR 2005/2006 SPREAD OF ASSESSMENTS FOR OPEN SPACE DISTRICTS 2 THROUGH 10,15, 17, 18, 20, 23, 24, 26, 31 AND 33, BAY BOULEVARD AND TOWN CENTRE MAINTENANCE DISTRICTS; DECLARlNG THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THESE ASSESSMENTS The City administers and maintains 24 open space districts that have been established over the last 30 years. The districts provide a financing mechanism to maintain the public open space areas associated with each particular development. The levy of an annual assessment for Fiscal Year 2005/2006 enables the City to collect sufficient funds to provide these ongoing services. (City Engineer) Staff recommendation: Council adopt the resolution and set the public hearing for July 19,2005 at 6:00 p.m. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 2005/2006 ASSESSMENT FOR OPEN SPACE DISTRICT 11; DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A PUBLIC HEARlNG REGARDING THE ASSESSMENT This is one of three companion agenda items to Item 5, which provides all general background information and details regarding the proposed open space district assessments for Fiscal Year 2005/2006. This item includes information specific to Open Space District 11. (City Engineer) Staff recommendation: Council adopt the resolution and set the public hearing for July 19,2005 at 6:00 p.m. 7. RESOLUTION OF TH~ CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 2005/2006 ASSESSMENT FOR OPEN SPACE DISTRICT 14; DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A PUBLIC HEARlNG REGARDING THE ASSESSMENT This is one of three companion agenda items to Item 5, which provides all general background information and details regarding the proposed open space district assessments for Fiscal Year 2005/2006. This item includes information specific to Open Space District 14. (City Engineer) Staff recommendation: Council adopt the resolution and set the public hearing for July 19,2005 at 6:00 p.m. 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 2005/2006 ASSESSMENTS FOR EASTLAKE MAINTENANCE DISTRICT NO. 1 AND OPEN SPACE DISTRICT NO.1; DECLARlNG THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THE ASSESSMENTS Page 3 - Council Agenda June 21, 2005 This is one of three companion agenda items Item 5, which provides all general background information and details regarding the proposed open space district assessments for Fiscal Year 2005/2006. This item includes information specific to Eastlake Maintenance District No. 1 and Open Space District No.1. (City Engineer) Staff recommendation: Council adopt the resolution, and set the public hearing for July 19,2005 at 6:00 p.m. 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DOWNTOWN PROPERTY BASED BUSINESS IMPROVEMENT DISTRICT ASSESSMENT ADJUSTMENT In accordance with its Management Plan, the Downtown Property Based Business Improvement District (PBID) may adjust its assessment rate by annual "cost of living" increases based on the San Diego Consumer Price Index (CPI) for all urban consumers, or five percent, whichever is less. Increases are recommended by the PBID Board of Directors and forwarded to the City Council for final approval. For the upcoming tax year (2005/2006), the PBID Board of Directors has recommended an assessment increase of3.65 percent. (Director of Community Development) Staff recommendation: Council adopt the resolution. 10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH SIMON WONG ENGINEERING, INC., TO PROVIDE CONSULTING SERVICES FOR THE REHABILITATION OR REPLACEMENT OF THE WILLOW STREET BRIDGE OVER SWEETWATER RIVER FOR THE CITY OF CHULA VISTA; APPROPRIATING FUNDS NECESSARY TO COMPLETE THE DESIGN PHASE OF THE PROJECT; AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY (4/5THS VOTE REQUIRED) The proposed project consists of the rehabilitation or replacement of the Willow Street bridge, a two-lane bridge constructed in 1940 that traverses the Sweetwater River. The bridge is currently eligible for rehabilitation funding through the State's Highway Bridge Replacement and Rehabilitation Program and has been classified as functionally obsolete. While the funding is programmed for bridge rehabilitation, replacement alternatives must be evaluated to assure the best use of public funds. In addition, the current and future traffic demands may support additional traffic lanes for a bridge widening or replacement project. The General Plan indicates that Willow Street will ultimately be a four-lane major arterial. (Director of General Services) Staff recommendation: Council adopt the resolution. ORAL COMMUNICATIONS Persons speaking during Oral Communications may address the Council on any subject matter within the Council's jurisdiction 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 4 - Council Agenda June 21, 2005 PUBLIC HEARING The following item has been advertised as a public hearing as required by law. If you wish to speak on the item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 11. CONSIDERATION OF AN ORDINANCE AMENDING THE AMENDED AND RESTATED SOLID WASTE DISPOSAL AND RECYCLING FRANCHISE AGREEMENT BETWEEN PACIFIC WASTE SERVICES AND THE CITY OF CHULA VISTA, MOVING THE RATE ADJUSTMENT ANNIVERSARY DATE FOR SMALL QUANTITY GENERATOR RATES FROM JULY 1 TO SEPTEMBER 1 EACH YEAR Each year, staff reviews the solid waste rates survey from SANDAG to establish whether or not Pacific Waste qualifies for a small quantity generator rate adjustment. It is difficult to conduct an obj~ctive rate review in time for Pacific Waste to meet the franchise agreement rate adjustment anniversary date of July 1, as most of the jurisdictions in the County also have a July 1 anniversary date. Therefore, moving Pacific Waste's rate adjustment anniversary date to September 1 would allow a rate review that is objectively based upon approved rates within the region. (Director of General Services) Staff recommendation: Council conduct the public hearing and place the following ordinance on first reading: ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE AMENDED AND RESTATED SOLID WASTE DISPOSAL AND RECYCLING FRANCHISE AGREEMENT BETWEEN PACIFIC WASTE SERVICES AND THE CITY OF CHULA VISTA, MOVING THE RATE ADJUSTMENT ANNIVERSARY DATE FOR SMALL QUANTITY GENERATOR RATES FROM JULY 1 TO SEPTEMBER 1 EACH YEAR (FIRST READING) ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 12. CITY MANAGER'S REPORTS 13. MAYOR'S REPORTS 14. COUNCIL COMMENTS CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney's office in accordance with the Ralph M. Brown Act (Government Code 54957.7). Page 5 - Council Agenda June 21, 2005 15. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6 . Agency designated representatives: Sharon Marshall, Marcia Raskin, David D. Rowlands, Jr., Maria Kachadoorian, Ed Van Eenoo . Employee organizations: Police Officers Association, Chula Vista Employees Association, International Association of Fire Fighters, Western Council of Engineers ADJOURNMENT to an Adjourned Regular Meeting on June 23, 2005 at 4:00 p.m. at the John Lippitt Public Works Center, 1800 Maxwell Road, thence to an Adjourned Regular Meeting on June 28, 2005 at 6:00 p.m. in the Council Chambers, and thence to the Regular Meeting of July 12, 2005, at 6:00 p.m. in the Council Chambers. Page 6 - Council Agenda June 21, 2005 COUNCIL AGENDA STATEMENT Item 1 Meeting Date 06/21/05 ITEM TITLE: COUNCIL RESOLUTION Approving Agreement with ATEL for maintenance of the City's NEC NEAX 2400 telephone switch for a period of one (1) year with an option t 0 renew the agreement for nine (9) additional one (1) year option periods. SUBMITTED BY' Director of Management & Information service~ REVIEWED BY: City Manager~ (4/5ths Vote: Yes NolL) On July 12, 1985 the City of Chula Vista installed the NEC NEAX 2400 telephone switch. The switch provides cost savings to the City by automatically routing ongoing calls to the least expensive path before completing calls. The switch also provides "station-to-station" calling which is a feature that allows all calls from one City phone to another to be handled entirely within the switch thereby eliminating any SBC charges at all for those calls. The maintenance contract for the City's telephone switch will expire on June 30, 2005. RECOMMENDATION: That Council adopt resolution approving the agreement with ATEL for maintenance of the City's NEC NEAX 2400 telephone switch for a period of one (1) year with an option to renew the agreement for nine (9) additional one (1) year option periods. BOARDS/COMMISSIONS RECOMMEIDATION: Not applicable DISCUSSION: On July 12, 1985 the City of Chula vista installed the NEC NEAX 2400 telephone switch. The switch provides cost savings to the City by automatically routing ongoing calls to the least expensive path before completing calls. The switch also provides "station-to-station" calling which is a feature that allows all calls from one City phone to another to be handled entirely within the switch thereby eliminating any SBC charges at all for those calls. In addition to substantial cost saving to the City, the telephone switch provides City departments with features that were not available through the utility company or would need to be purchased at a substantial cost to the City. These features include call forwarding, conference calling, speed dialing, call back and others. The telephone switch also interfaces with the City's voice processing system which handles all of the City's voice mail. The telephone system contains a variety of electrical components that must be maintained at peak operating efficiency so that the system can function properly. In-house personnel for several reasons cannot do maintenance for the City's telephone switch. Costly and expensive training is required due to the very technical nature of the telephone components. When the telephone switch is not functioning properly it must be repaired quickly. Many times repairing I-I Page 2, Item 1 Meeting Date 06/21/05 the switch requires defective parts to be replaced. these parts would be cost prohibitive. Keeping an in ventory of For the past five years the City has contracted with Nexus/IS to provide the maintenance. For the twelve-month period ending June 30, 2005 the cost to the City for basic maintenance was $ 39,846. In addit ion, due to the City's expansion we have contracted with the vendor to provide services over and above standard maintenance. Examples of these services include such items as adds/moves/changes. The City also contracted with the current maintenance vendor when we upgraded the entire telephone switch to use newer technology and allow for future expansion in December of 2001. On April 10, 2005 staff sent bid requests to three (3) authorized service providers of NEC telephone equipment and advertised in the S tar News. Bids were opened on May 24, 2005 and three (3) bids were received. No Chula vista bidders responded because there are no local authorized service providers that could meet the specifications. The proposals were evaluated by the following: Louie Vignapiano John Coggins Rick Nelson Director of Management & Information Services Purchasing Agent Operations & Telecommunications Manager The proposals were evaluated based on the following criteria: . Qualifications Size of company and abili ty to fulfill the needs of the City of Chula Vista Availability and cost of various components and services listed Experience and past performance References Cost . . . . . The bid called for several items to be responded to by the vendors including base price for maintenance services, hardware costs for standard parts, labor rate for installation and an estimated time to install those parts. All of these factors were weighed in the evaluation process. From our evaluation, each of the vendors appears to be able ID perform the basic functions needed by the City therefore the majority of the weight for this evaluation has been given to price. The initial annual fee for the respondents is as follows: ATEL Nexus/IS Quintron $34,352 $41,282 $45,600 /-2 Page 3, lbem 1 Meeting Date 06/21/05 Staff is recommending that the maintenance contract be awarded to ATEL. This agreement calls for a cap to be placed on any increases for the life of the agreement. There is a cap of 5% on any future. increase. A ny increases would be effective at the renewal period and would not be automatic. The vendor would need to substantiate the need for a rate increase. Fiscal Impact Basic maintenance for the City's telephone switch is budgeted in the Management and Information Services Department. Sufficient funds for the base cost have been included in the FY 2005 -06 budget. Costs over and above the maintenance contract are generally budgeted as part of the project requiring the work. /-3 DRAFT RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, APPROVING AGREEMENT WITH ATEL FOR MAINTENANCE OF THE CITY'S NEC NEAX 2400 TELEPHONE SWITCH FOR A PERIOD OF ONE (1) YEAR WITH AN OPTION TO RENEW THE AGREEMENT FOR NINE (9) ADDITIONAL ONE (1) YEAR OPTION PERIODS WHEREAS, the City currently utilizes a NEC NEAX 2400 telephone switch to route internal and external telephone calls and to interface with its other telecommunications equipment; and WHEREAS, the switch provides cost savings to the City by automatically routing ongoing calls to the lease expensive path before completing the calls and allows all calls from one City phone to another to be handled entirely within the switch, thereby eliminating any local phone company charges for those calls; and WHEREAS, the telephone system contains a variety of electrical components that must be maintained at peak operating efficiency so that the system can function properly; and WHEREAS, on April 20, 2005 staff sent bid requests to three (3) authorized service providers ofNEC telephone equipment and advertised in the Star News; and WHEREAS, the bid called for several items to be responded to by the vendors including the base price for maintenance services, hardware costs for standard parts, labor rate for installation and an estimated time to install those parts; and WHEREAS, the proposals were evaluated by a three-person selection committee; and WHEREAS, each vendor appeared able to perform the basic functions needed by the City, therefore the chief factor in Staff s recommendation was price; and WHEREAS, the initial annual fee for the respondents was as follows: ATEL N exus/IS Quintron $34,352 $41,282 $45,600 NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of Chula Vista does hereby approve an agreement with ATEL for maintenance of the City's NEe /- f.; / DRAFT NEAX 2400 telephone switch for a period of one (1) year, with an option to renew the agreement for nine (9) additional one (1) year option periods. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to exercise said options at the end of each contract term. PREPARED BY: APPROVED AS TO FORM BY: ~l_~ Louie Vignapiano Director of Management & Information Services Ann Moore City Attorney J :\Attomey\Reso\Agreements\Agreement with A TEL 6 21 05 /-s- DRAFT 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 ~L,~ Ann Moore City Attorney Dated: June 15, 2005 AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND A TEL COMMUNICA nONS INC. FOR MAINTENANCE OF THE CITY'S TELEPHONE SYSTEMS /-~ Parties and Recital page(s) Agreement between City of Chula Vista and Atel Communications Inc. DRAFT for Maintenance of the City's Telephone Systems This agreement ("Agreement"), dated May 26, 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 the entity indicated on the attached Exhibit A, paragraph 4, as Vendor, 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 ("Vendor"), and is made with reference to the following facts: Recitals Whereas, the City Of Chula Vista has various telephone hardware/software systems in order to provide the best possible and most economical telephone services for the City; and, Whereas, the existing telephone systems maintenance contract will expire on June 30,2005; and, Whereas, the City received three bids from qualified telephone system maintenance providers which were evaluated by the Director of Information Systems, the Purchasing Agent and the Computer Operations and Telecommunication Operator; and, Whereas, after evaluating the proposals based on the following criteria: qualifications, size of company and ability to fulfill the needs of the City; availability and cost of various components and services; experience and past performance; references and costs; and, Whereas, Vendor 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 Vendor to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement, staff recommend awarding the purchase agreement to Atel Communications Inc.. Page 1 /~ 7 DRAFT (End of Recitals. Next Page starts Obligatory Provisions.) Page 2 /.~ ,P &' Obligatory Provisions Pages DRAFT NOW, THEREFORE, BE IT RESOLVED that the City and Vendor do hereby mutually agree as follows: 1. Vendor's Duties A. General Duties Vendor 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", Vendor 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 Vendor, from time to time reduce the Defined Services to be performed by the Vendor under this Agreement. Upon doing so, City and Vendor 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 Vendor 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 Vendor, Vendor shall perform same on a time and materials basis at the rates set forth in Exhibit A, Paragraph 11 (A) under "PARTS AND LABOR PRICING SCHEDULE", unless Page 3 /-9 DRAFT a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Vendor, 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 Vendor represents that it and its agents, staff and subcontractors 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 categories, and to the limits specified at Exhibit A, Paragraph 9, 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 Vendor, 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. Vendor shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance Page 4 /-/0 DRAFT 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 Vendor's Commercial General Liability Insurance Policy, Vendor 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 Vendor to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Vendor 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.gov/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 Vendor to provide a Letter of Credit (indicated by a check mark iri the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Vendor shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank Page 5 I-II DRAFT a letter, signed by the City Manager, stating that the Vendor 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 Vendor 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 Vendor 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 Vendor 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 Vendor 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 Vendor 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 Vendor's performance of this agreement. B. .Compensation Upon receipt of a properly prepared billing from Vendor 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 Page 6 /-/~ DRAFT shall compensate Vendor for all services rendered by Vendor according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a IIcheckmarkll next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compen~ate Vendor for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Vendor 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 (IIContract Administratorsll) 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 on June 30, 2006. The City, at its option, may renew the Agreement for nine (9) additional one (1) year terms. 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 Vendor shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 (IILiquidated Damages Rate") . Page 7 /-//3 DRAFT Time extensions for delays beyond the Vendor'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 Vendor A. Vendor is Designated as an FPPC Filer. If Vendor is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Vendor is deemed to be a "Vendor" 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 Vendor is designated as an FPPC Filer, Vendor shall not make, or participate in making or in any way attempt to use Vendor's position to influence a governmental decision in which Vendor knows or has reason to know Vendor has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Vendor is designated as an FPPC Filer, Vendor warrants and represents that Vendor has diligently conducted a search and inventory of Vendor's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Vendor does not, to the best of Vendor's knowledge, have an economic interest which would conflict with Vendor's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Regardless of whether Vendor is designated as an FPPC Filer, Vendor further warrants and represents that Vendor will not Page 8 I / r / / -; L..j DRAFT 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 Vendor is designated as an FPPC Filer, Vendor further warrants and represents that Vendor will immediately advise the City Attorney of City if Vendor learns of an economic interest of Vendor'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. Vendor warrants and represents that neither Vendor, nor Vendor's immediate family members, nor Vendor's employees or agents ("Vendor 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. Vendor further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Vendor or Vendor Associates in connection with Vendor's performance of this Agreement. Vendor promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Vendor agrees that Vendor 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. Vendor may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Vendor's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Vendor shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and Page 9 /- /fJ DRAFT 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 Vendor, and Vendor's employees, subcontractors or other persons, agencies or firms for whom Vendor 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 Vendor , its employees, agents or officers, or any third party. With respect to losses arising from Vendor's professional errors or omissions, Vendor 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. Vendor'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. Vendor's obligations under this Section shall not be limited by any prior or subsequent declaration by the Vendor. Vendor's obligations under this Section shall survive the termination of this Agreement. 8. Termination of Agreement for Cause If, through any cause, Vendor shall fail to fulfill in a timely and proper manner Vendor's obligations under this Agreement, or if Vendor 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 Vendor 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 Page 10 /-/{P DRAFT materials prepared by Vendor shall, at the option of the City, become the property of the City, and Vendor 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 Vendor's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Vendors' 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, Vendor 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 Vendor 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, Vendor 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. Vendor 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 Vendor are personal to the City, and Vendor 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 subcontractors identified thereat as "Permitted Subcontractors". 12. Ownership, Publication, Reproduction and Use of Material Page 11 /-/7 DRAFT 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 Vendor 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 Vendor 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 Vendor's work products. Vendor and any of the Vendor'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 entitl~d 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 Vendor 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 12 / /-10 DRAFT Upon request by City, Vendor 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 Vendor prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Vendor 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. Vendor not authorized to Represent City Unless specifically authorized in writing by City, Vendor shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Vendor is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Vendor 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, Vendor represents that neither Vendor, 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, Page 13 /-//9 DRAFT postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, 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 14 /-.20 DRAFT Signature Page to Agreement between City of Chula Vista and Atel Communications Inc. for Maintenance of the City's Telephone Systems IN WITNESS WHEREOF, City and Vendor have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: , 200 City of Chula Vista by: Stephen Padilla, Mayor Attest: Susan Bigelow, City Clerk Approved as to form: Ann Moore, City Attorney Dated: t?t rne. Exhibit List to Agreement (X) Exhibit A. Page 15 1-/ / --- ) I C7'-J I DRAFT Exhibit A to Agreement between City of Chula Vista and Atel Communications Inc. 1. Effective Date of Agreement: July I, 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. Vendor: Atel Communications Inc. 5. Business Form of Vendor: ( ) Sole Proprietorship ( ) Partnership (XX) Corporation 6. Place of Business, Telephone and Fax Number of Vendor: 8447 Miramar Mall San Diego, California 92121-2522 Voice Phone (858) 646-4600 Fax Phone (858) 646-4680 Page 16 /-d~ ( DRAFT 7. General Duties: The Vendor shall maintain the various telephone systems in proper working order, replacing in a timely way, at no cost to the City any defective hardware or software components. 8. Scope of Work and Schedule: The general scope of work for the Maintenance aspect of the contract shall include the following: · Trouble shooting and repairing or replacing in a timely manner, at no cost to the City, any malfunctioning piece of hardware or software comprising the City's communication systems as generally described below in "PARTIAL INVENTORY OF SYSTEMS, HARDWARE AND SOFTWARE TO BE COVERED BY THE MAINTENANCE AGREEMENT" (excluding 911 systems and software and wireless telecommunications not directly interfacing with the City's PBX systems), except where such malfunction is the result of actions otber tban normal appropriate usage of the malfunctioning item by any individual not in the employ of the maintenance Vendor or its subcontractors or by any fire, flood or other such act of God. · Regarding replacement of malfunctioning software, the City requires replacement with the same or more current revision of the same software. · Regarding replacement of malfunctioning hardware, the City requires replacement with the same or more current version of same the equipment. In the event that one of the below- described routers is the failed component, the City requires replacement with the same or more current version of same equipment or a router approved by the City's Management & Infor.mation Systems Department. · Work cooperatively with City employees and other vendors to determine the cause of and best solutions to problems relating to the City's telecommunication systems. · Provide reasonable telephone help to answer questions that City staff have regarding the telecommunications system and how to implement various features or make routine changes to existing configurations. EXPECTED LEVELS OF RESPONSE Page 17 /~3 DRAFT The City function as a local municipal government which provides numerous services to the public, requires that certain response time criteria be met. The Vendor agrees to the following response times: · For a malfunction on any of the City's PBX systems and subsystems which causes a material interruption to City telecommunications (determination to be made reasonably and solely by the City), whether the interruption is system wide or local, such a situation shall be classified as a service emergency. Immediately after being notified by City, Vendor shall confer with City staff in an attempt to quickly correct the problem. At the same time, Vendor shall dispatch a qualified, properly equipped and supplied technician to the site where the problem is expected to reside. Said technician shall be onsite within a maximum of two (2) hours from the time that the City notifies Vendor of the emergency situation. If, after one (1) hour from the time that such a technician has arrived on site, the technician has not been able to determine and resolve the cause of the emergency service request, the technician shall inform an appropriate member of the Management & Information Systems staff and then request additional support from the Vendor's technical support staff. The Vendor must provide such additional support within thirty (30) minutes of receiving such a request. If, after two (2) hours from the request for additional support, the cause and solution of the problem has not been determined, the technician(s) at the City shall inform an appropriate member of the Management & Information Systems staff and then request the highest level of support available from the Vendor's technical support staff (local or otherwise) . o For problems not falling into the above category, the Vendor shall have a qualified, properly equipped and supplied technician on site at the appropriate City location within twenty-four (24) regular business hours (of the Vendor) after the time that the trouble was reported to the Vendor by the City. Page 18 /~7 DRAFT · Before any technician who has responded to a repair request leaves the City campuses, he/she shall report either directly or via voice mail the final or current status of the repair to an appropriate member of the Management & Information Systems staff. STANDARDS OF PERFORMANCE · The Vendor shall at all times take all reasonable steps to insure that the various telecommunication systems are fully functional. · All MDF/IDF rooms are to be kept clean of wire and tie-wrap clippings and other miscellaneous scrap materials. · The Vendor will have a locally maintained inventory of telecommunication replacement components of the types typically used at the City. It is understood that not all components or parts will be held in inventory, however, the levels and types of inventory components held in inventory will be reasonable and prudent for the telecommunication maintenance industry with appropriate consideration given to the increasing mission critical role of telecommunications in today's business environment. · In the event that a component needs to be replaced which is not in the Vendor's local inventory, it will be considered a reasonable step for the Vendor to obtain such a component using the fastest possible shipping means in a service emergency and the fastest reasonable shipping means in a non emergency service call. ADDS, MOVES, OR CHANGES The general scope of work for the Add/Move/Change aspect of the contract will include the following: · When requested by City, Vendor shall supply and install, configure or move and re-install components and equipment within the proposed telecommunications system (an "Add, Move, Change request") . Such requests are to be completed with five (5) working days from the date of such request. For large or complex requests, the Vendor and City will negotiate in good faith to determine a mutually agreeable date upon which the process will begin. · All equipment purchased by the City from the Vendor will be covered by a minimum of twelve (12) months full parts and Page 19 ~~5 DRAFT labor guarantee and all the terms and conditions specified in this agreement shall apply to any such purchase and subsequent installation. · Before any technician who has responded to an Add/Move/Change request leaves the City campuses, he/she shall report either directly or via voice mail the final or current status of the Add/Move/Change request to an appropriate member of the Management & Information Systems. Continuance of coverage on relocated equipment · From time to time, the City, at its expense, will relocate equipment from one physical location to another. The relocation of the equipment does not suspend, change or limit the terms of the maintenance coverage of any such relocated equipment in any way. Relocations involving individual telephone instruments will usually be done by City staff, however, relocating more technical communications equipment such as a PBX or the Adtran Atlas hardware will be contracted with and performed by the maintenance Vendor. PARTIAL INVENTORY OF SYSTEMS, HARDWARE AND SOFTWARE TO BE COVERED BY THE MAINTENANCE AGREEMENT The following information is presented as reasonably accurate. It is not represented to include every item or the correct version or revision of any particular item to be covered. . o Civic Center at 267 4th Avenue · 2400 IMS PBX including all hardware and software. · Version Issue Date · Main Memory 11 03.00.012 2001/11/13 · Boot ROM D 03.00 2000/12/12 · IP · ACDP · MAT 11 02.00 2001/10/05 · TCP/IP 2 05.00 2000/12/07 · (1) LaMarche Total Power Cage model TPC-60-48V-U1 · (7) AdtranT-l CSUs at the 276 4th Avenue end and (7) at the far end. · (4) for the PRls. · (1) for Fire Station-6 CClS. Page 20 /-;! ~ o John Lippitt Public Works · 2400 IPX PBX · including all hardware · Version · Main Memory · Boot ROM . IP · ACDP · MAT 10 01.30 · TCP/IP 2 05.00 · (2) LaMarche A365 Power rectifiers · (4) Dynasty TEL 12-90 (not replaced under maintenance) · (2) Adtran T1 CSI ACE units o Park Way Gym/Pool/Center at 373 Park Way · (1) Adtran TSU 600 with · (2) TSU Quad FXS Modules. · (1) TSU Router Module · (9) Analog phones o Norman Park Senior Center at 270 "F" Street · (1) Adtran TSU 600 with · (2) TSU Quad FXS Modules. · (1) TSU Router Module · (12) Analog phones DRAFT . · (1) for Fire Station-7 CCIS. · (1) for 900 Lane Ave. Eastlake Building Voice only T-1. (1) Datasmart 658 for 900 Lane Avenue Eastlake Building Voice and Data T-1. (1) Valcom power supply. (1) Valcom single zone paging unit. (1) Universal Sound single zone paging unit. (1) Boggen AM/FM receiver/tuner. (1) Forum Coupling unit (2) Confer II 6 port conference units. (1) Adtran Atlas 800. with · (3) Quad T1/ISDN PRI Modules · (2) Quad Nx56/64 V.35 Modules (2) Adtran TSU 600s with · (12) Dual FXO Port X.3 Modules (1) Super Stack II Netbuilder (1) 3COM Router 5009 . . . . . . . . . . Yard at 1800 Maxwell Road and software. Issue Date 2001/07/03 2000/09/20 10 D 03.20.001 01.00 2001/04/13 2000/12/07 Page 21 /'--;' -7 o Loma Verde Center/Pool at 1420 Lorna Lane · (1) Adtran TSU 600 with · (2) TSU Quad FXS Modules. · (1) TSU Router Module · (8) Analog phones o Youth Center at 645 "LIf Street · (1) Adtran TSU 600 with · (2) TSU Quad FXS Modules. · (1) TSU Router Module · (4) Analog phones o Otay Recreation Center at 3554 Main Street · (1) Adtran TSU 600 with · (1) TSU Quad FXS Modules. · (1) TSU Router Module · (3) Analog phones o South Chula Vista Library at 389 Orange · (2) NEC Digital Remote Units · Series-E Phones o Nature Center at 1000 Gunpowder Point · (1) NEC Digital Remote Unit · (1) Adtran TSU 120 · Series-E Phones · (1) Series-E to Analog adapter for the Fax machine o Eastlake Building Inspectors at 900 Lane Avenue · (2) NEC Digital Remote Units · (1) Adtran TSU 120 · (1) Adtran T1 CSU · (1) Kentrox Datasmart 658 · Series-E Phones · (1) Series-E to Analog adapter for the Fax machine o Fire Station # 4 at 850 Paseo Ranchero · NEAX 1000/2000IVS2 · (6) 4DLC - Digital line cards · (1) 24DTA - T-1 Trunk Interface · (1) 8RSA - Register Sender Card · (1) SCOO - CCIS Card · Series-E Phones o Fire Station # 6 at 605 Mount Miguel Road · (1) PN-8COTS - Analog Trunk Card · (1) PN-8LCAA - Analog Line Card · (1) SPN-24CCTA-A CClS Card · (2) PN-8DLCP - Digital Line Cards /-;2} DRAFT Page 22 DRAFT · (1) PN-8RSTG - 8 Port DTMF Receiver Sender Card · (1) Adtran ACE T1 CSU · Series-E Phones o Fire Station # 7 at 1640 Santa Venetia · NEAX 2000 IPS · (1) PN-8COTS - Analog Trunk Card · (1) PN-8LCAA - Analog Line Card · (1) SPN-24CCTA-A CCIS Card · (5) PN-8DLCP - Digital Line Cards · (1) PN-8RSTG - 8 Port DTMF Receiver Sender Card · (1) Adtran ACE T1 CSU · (1) Valcom Single Zone Paging Unit · Series-E Phones B. Date for Commencement of Vendor Services: (X) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: Deliverable NO.1: Deliverable NO.2: Deliverable No.3: D. Date for completion of all Vendor services: At the end of Agreement's term. 9. Insurance Requirements: (X) Statutory Worker's Compensation Insurance (X) Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. () Errors and Omissions insurance: None Required (included in Commercial General Liability coverage) . (X) Errors and Omissions Insurance: $2,000,000 (not included in Commercial General Liability coverage) . Coverage must be at least as broad as: 1. Insurance Services Office Commercial General Liability Page 23 /~q "j DRAFT coverage (occurrence Form CG0001) 2. Insurance Services Office Form Number CA 0001 covering Automobile Liability, codel (any auto) . 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance Contractor must maintain limits no less than: 1. General Liability: ( Including operations, products and completed operations, as applicable. ) $1,000,000 per occurrence for bodily injury, personal inj ury and property damage. If Commercial General Liability insurance 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. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation Employer's Liability: 4. Errors and Omissions Statutory $1,000,000 each accident $1,000,000 disease-policy limit $1,000,000 disease-each employee $2,000,000 Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the 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 Contractor will provide a financial guarantee satisfactory to the City 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, Page 24 /~~ DRAi= i 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 or on behalf of the contractor, where applicable, and, with respect to liability arising out of work or operations performed by or on behalf of the contractor 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 contractor's insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement must not exclude Products / Completed Operations coverage. 2. The contractor'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 endorsed to state that either party, except wri tten notice to the receipt requested. required by this clause must be coverage will not be canceled by after thirty (30) days' prior Ci ty by certified mail, return 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. Contractor'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. Acceptability of Insurers Insurance is. to be placed wi th licensed insurers admi tted to transact business in the State of California with a current A.M. Best's rating of no less than A- V. If insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a Page 25 /'~3/ DRAFT current A.M. Best's rating of no less than A X. Exception may be made for the State Compensation Fund when not specifically rated. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on insurance indus'try forms, provided those endorsements 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 any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. Subcontractors Contractor must include all subcontractors as insureds under its policies or furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors are subject to all of the requirements included in these specifications. 10. Materials Required to be Supplied by City to Vendor: None. 11. Compensation: A. (X) Monthly Fixed-Fee Arrangement. For performance of all of the Defined Services by Vendor as herein required, City shall pay a monthly fixed-fee in the amounts and at the times or milestones or for the Deliverables set forth below: Monthly Fixed Fee Amount: $2,862.67 (Two thousand eight hundred sixty-two and 67/100 dollars), payable at the beginning of each month. As stated previously, this Agreement shall terminate on June 30, 2006, and the City, at its option, may renew the Agreement for nine (9) additional one (1) year terms. With the exception of the quantity of hardware and software covered, costs (adjusted for inflation, if any - see below) and dates indicating period of coverage, all other terms and conditions will remain the same with each renewal. Page 26 j-3L DR ,AtFT Because the size of the City's telecommunications system will expand or contract based on the number of employees and applications, on the first day of each renewal the annual maintenance contract shall be increased or decreased by an amount equal to $ 19.00 Per Port for each Port which is added or subtracted. City and Vendor acknowledge that inflation may have an impact on the Agreement in the event that it is renewed beyond the first one (1) year term. Therefore, at the beginning of each renewal period/term (July 1st) the Monthly Fixed-Fee Amount and the prices in the "Parts and Labor Pricing Schedule" may be increased by an amount not to exceed the smaller of five percent (5 %) or the increase in the Consumer Price Index. The CPI to use shall be the All Urban Users (CPI-U) indicated by the "All items" index under "Expenditure Category" within the table called "San Diego, CA Semiannual News Release" for the most recent twelve (12) month period for which data is available. In the event that the U.S. Department of Labor's Bureau of Labor Statistics no longer publishes this CPI, the City may apply the "Los Angeles- Riverside-Orange County" Consumer Price Index for the same time frame. If the CPI decreases, the Monthly Fixed-Fee Amount and the prices in the "Parts and Labor Pricing Schedule" shall be reduced accordingly (with no limit on the amount of the decrease) . For Adds/Moves and Changes which fall outside the scope of the maintenance portion of this Agreement, the following material and labor prices will be in effect for the initial one (1) year term of the Agreement: PARTS AND LABOR PRICING SCHEDULE Item Purchase Price (excluding tax) Estimated Hours To Install. DTP-BD-l (black) telephone instrument Page 27 / -:?3 New Refurbished DTP-16D-1 (black) telephone instrument New Refurbished DTP-32D-1 (black) telephone instrument New Refurbished SPA-16COTBE-A, 16-port analog trunk card New Refurbished SPA-24CCTA, CClS interface card New Refurbished SPA-24PRTBA-B ISDN PRI Digital Trunk card New Refurbished SPA-24LCBV card New Refurbished SPA-16LCBW 16-Port, analog card w/Disco Sup. New Refurbished SPA-16ELCJ-B, 16-port digital tel. interface New Refurbished SN1375 PIMu-A, port interface module New Refurbished SPA-8RSTM, register/sender card New Refurbished SN1595 CPRBF-A Main System CPU New Refurbished CPU Dual PWR Kit-A New Refurbished PA-M96 (hub) New Refurbished PH-PC36 (mux) New Refurbished PZ-I028 (HDD!FDD) drive unit New Refurbished SPZ-GT13 (gate) New Refurbished PZ-PC19 (Ethernet) New Refurbished SPH-SW12 TSW-UA, time division interface New Refurbished PA-PW54-B, power supply, Redundant j-!;> !~ DRAFT $ 166.66 .5 $ 133.00 $ 182.88 .5 $ 154.00 $ 258.88 .5 $ 231.00 $3,108.00 .25 $1,050.00 $4,200.00 1.0 $2,450.00 $4,620.00 1.0 $2,590.00 $2,112.60 .25 $1,750.00 $1,952.32 .25 $1,610.00 card $2,688.00 .25 $1,400.00 $1,428.00 8.0 $ 840 .00 $1,411.20 .10 $ 770.00 $5,040.00 2.0 N/A $1,848.00 1.0 N/A $ 646.80 .25 $ 385.00 $ 688.80 .25 $ 385.00 $1,008.00 .25 $ 700.00 $1,008.00 .25 $ 840.00 $ 385.00 .25 $ 269.64 $3,360.00 .25 $1,750.00 Page 28 $417.69 N/A w/2-DSX-1 ports $3,366.09 N/A New Refurbished PA-PW55-B, power supply New Refurbished DCU-60-1 (black) DSS Console New Refurbished SPA-24DAIJA-D digital remote unit interface New Refurbished DRU-23-SE 23 port digital remote unit New Refurbished Adtran TSU ACE single port DSU/CSU New Refurbished Adtran Atlas 800 integrated access system New Refurbished Adtran Atlas 800 Quad T1/PRI New Refurbished Adtran Atlas 800 Quad Nx56/64 V.35 module New Refurbished Adtran TSU 600 VP24 FXO 24 channel OPX to T-1 New Refurbished Adtran TSU 600 CSU/DSU New Refurbished Adtran TSU Quad FXS module New Refurbished Adtran TSU router module New Refurbished BSCIPX System PKG-A Main System PIM Package IMGIPX Switch PKG-A Secondary Stack PIM Package IPX 8400 software package IPX 8400 configuration disk Networking configuration option NEAX 2400 5-PIM Configuration option NEAX2400 CFTB-D 8-port Meet-Me conference card 1000' cable, 4/24 Cat-3 PVC 1000' cable, 4/24 Cat-3 plenum 1000' cable, 4/24 Cat-6 PVC 1000' cable, 4/24 Cat-6 plenum 1-hour regular labor charge 1-hour overtime labor charge 1-hour weekend labor charge 1-hour holiday labor charge $ 89.50 $134.25 $134.25 $134.25 /-3;;- DRAFT $ $ $ $ 840.84 560.00 .10 630.84 490.00 .10 $ 152.32 $ 105.00 card $1,126.44 N/A .5 1.0 $2,847.60 N/A 3.5 1. 75 .75 $1,611.09 N/A .5 $1,611. 09 N/A .5 $3,036.69 N/A 1.0 $1,611. 09 $ 665.00 1.0 $ $ 487.89 348.60 .5 .5 $ 487.89 $ 437.85 $7,308.00 $9,576.00 $4,200.00 $ 840.00 $4,200.00 $12,524.40 $1,499.40 .5 10.0 10.0 1.5 1.0 1.0 1.0 1.0 $ 51.20 $ 76.80 $ 128.00 $ 422.40 Page 29 DRAFT When billing for a partial hour, the smallest increment that will be billed for will be 15 minutes. There will be a 1-hour minimum charge for any labor performed. TRIP CHARGES AND TRAVEL TIME The City will not pay trip charges or travel time charges for vendors to do work at our locations. Only labor charges for time spent actually working on City requested projects will be paid. 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Vendor in the performance of maintenance services herein required, City shall pay Vendor at the rates or amounts set forth below: (X) None, the compensation includes all costs. 13. Contract Administrators: City: Richard Nelson phone number (619)476-5313 or Louie Vignapiano phone number )619)476-5319 City Of Chula Vista 276 4th Avenue M-I00 Chula Vista, CA 91910-2699 Vendor: Steven Handelman phone number (858)646-4600 fax number (858)646-4680. 8447 Miramar Mall San Diego, CA 92121-2522 14. Liquidated Damages Rate: $ per day. Other: 15. Statement of Economic Interests, Vendor Reporting Categories, per Conflict of Interest Code: (XX) Not Applicable. Not an FPPC Filer. Page 30 /~3~ DRAFT FPPC Filer Category No.1. Investments and sources of income. Category No.2. Interests in real property. Category No. property and regulatory, 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. 3. Investments, interest in real sources of income subject to the permit or licensing authority of the Category No.5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. Category No.6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. Category No.7. Business positions. ( ) List "Vendor Associates" interests in real property within 2 radial miles of Project Property, if any: 16. ) Vendor is Real Estate Broker and/or Salesman 17. Permitted Subcontractors: 18 Bill Processing: Page 31 /~37 DRAFT A. Vendor's Billing to be submitted for the following period of time: (XX) Monthly ( ) Quarterly ( ) Other: B. Day of the Period for submission of Vendor's Billing (XX) First of the Month ( ) 15th Day of each Month ( ) End of the Month ( ) Other: C. City's Account Number: 19 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 Vendor 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: $ ~ o Retention Release Event: ( ) Completion of All Vendor Services ( ) Other: Page 32 / --3-1 COUNCIL AGENDA STATEMENT Item: ;Z Meeting Date: 6/21/2005 ITEM TITLE: Resolution approving the Memorap.dum of Understanding between the City of Chula Vista and the Chula Vista Elementary School District regarding joint operation of the Dynamic After School Hours (DASH) after school recreational program, and the Safe Time for Recreation, Enrichment, and Tutoring for Children (STRETCH) extended school day educational program; and authorizing the Mayor to execute the MOD. Assistant City Manager Palmer ~ City Manager ~ (4/5ths Vote: Yes-.lLNo_) SUBMITTED BY: REVIEWED BY: The current MOU between the City and the Chula Vista Elementary School District, in effect until June 30, 2005, authorizes the operation of two after school programs at elementary school sites. The STRETCH Program, with its emphasis on literacy and arts enrichment, is currently offered at seven district schools. The existing MOU also authorizes the operation of a structured sports and recreation program called DASH at 24 district schools. The intent of this report is to present an updated MOU between the City and the Chula Vista Elementary School District for FY 2005-06 (ATTACHMENT "A"), which includes expansion of the DASH Program to one new site (Veterans Elementary), and an expansion in the number of students served at one STRETCH site (Harborside). It also carries forward the program enhancements which were introduced in the January '05 Addendum, i.e. the operation of "DASH Plus" at four school sites, and the expansion of the number of STRETCH students served at Lauderbach and Montgomery. The Chula Vista Elementary School District Board will be voting on the FY 2005-06 MOU at their June 21, 2005 meeting. STAFF RECOMMENDATION: That Council approve the Memorandum of Understanding between the City of Chula Vista and the Chula Vista Elementary School District regarding joint operation of the DASH after school recreational program, and the STRETCH extended school day educational program; and authorize the Mayor to execute the MOD. BOARDS/COMMISSIONS RECOMMENDATIONS: nla ,:(-/ Item:;;< . Page 2 Meeting Date: 6/21/2005 DISCUSSION: The STRETCH and DASH programs continue to be a success, popular not only with parents and school-age children, but with the City's partner, the Chula Vista Elementary School District. The City and the District are now ready to enter into a new Memorandum of Understanding for FY 2005-06. The new MOU authorizes: · Expansion of DASH from 24 to 25 elementary school sites. These sites include: Allen, Arroyo Vista, Casillas, Chula Vista Hills, Clear View, Cook, Discovery, EastLake, Halecrest, Hedenkamp, Heritage, Hilltop, Kellogg, Liberty, Thurgood Marshall, McMillin, Olympic View, Palomar, Parkview, Rogers, Rosebank, Salt Creek, Tiffany, Valle Lindo, and Veterans (new FY 06) Elementary Schools. · Operation of "DASH Plus" at Cook, Hilltop, Palomar and Valle Lindo Elementary Schools. DASH Plus sites are open until 6:00 p.m. and offer homework support and enrichment classes, as well as regular DASH programming. In FY 2004-05, the Chula Vista Elementary School District received additional grant funds from a three-year California 215t Century Community Learning Center grant that allowed for the expansion of the DASH program at these three school sites. · Continuation of the STRETCH program at seven elementary school sites, including Harborside, Lauderbach, Lorna Verde, Montgomery, Mueller, Otay, and Rice Elementary Schools. (Additional state grant funding in FY 06 allows for an increase in service from 80 children per day to 100 children per day at Harborside Elementary. Lauderbach and Montgomery also serve 100 children per day; Otay serves 80; all other sites serve 60.) As in previous MOUs, the City will recruit, hire, train and supervise staff to conduct both STRETCH and DASH. The District will actively promote communication, cooperation and coordination among and between school personnel and city personnel. FISCAL IMPACT: The proposed FY2005-06 budget for STRETCH and DASH is $1,981,418. The City will provide $722,418 (plus in-kind expenses), the Elementary School District will provide $567,800 and the State will provide (via the District) $691,200. These funds will be appropriated as part of the FY2005-06 budget. -2~.~ DRAFT RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA ELEMENTARY SCHOOL DISTRICT REGARDING JOINT OPERATION OF THE DASH (DYNAMIC AFTER SCHOOL HOURS) AFTER SCHOOL RECREATIONAL PROGRAM, AND THE STRETCH (SAFE TIME FOR RECREATION, ENRICHMENT, AND TUTORING FOR CHILDREN) EXTENDED SCHOOL DAY EDUCATIONAL PROGRAM, AND AUTHORIZING THE MAYOR TO EXECUTE THE MOU WHEREAS, the current MOU between the City and the Chula Vista Elementary School District, in effect until June 30, 2005, authorizes the operation oftwo after school programs at elementary school sites. The STRETCH Program, with its emphasis on literacy and arts enrichment, is currently offered at seven district schools. The existing MOU also authorizes the operation of a structured sports and recreation program called DASH (Dynamic After School Hours), at 24 district schools; and WHEREAS, the intent ofthis report is to present an updated MOU between the City and the Chula Vista Elementary School District for FY 2005-06, which includes expansion of the DASH Program to one new site (Veterans Elementary) and an expansion in the number of students served at one STRETCH site (Harborside), and WHEREAS, The City and the District are now ready to enter into a new Memorandum of Understanding for FY 2005-06. The new MOU authorizes: and . Expansion of DASH from 24 to 25 elementary school sites. These sites include: Allen, Arroyo Vista, Casillas, Chula Vista Hills, Clear View, Cook, Discovery, EastLake, Halecrest, Hedenkamp, Heritage, Hilltop, Kellogg, Liberty, Thurgood Marshall, McMillin, Olympic View, Palomar, Parkview, Rogers, Rosebank, Salt Creek, Tiffany, Valle Lindo, and Veterans (new FY 06) Elementary Schools. . Operation of "DASH Plus" at Cook, Hilltop, Palomar and Valle Lindo Elementary Schools. DASH Plus sites are open until 6:00 p.m. and offer homework support and enrichment classes, as well as regular DASH programming. In FY 2004-05, the Chula Vista Elementary School District received additional grant funds from a three-year California 21 sl Century Community Learning Center grant that allowed for the expansion of the DASH program at these three school sites. 1 ~-:) DRAFT · Continuation of the STRETCH program at seven elementary school sites, including Harborside, Lauderbach, Lorna Verde, Montgomery, Mueller, Otay, and Rice Elementary Schools. (Additional state grant funding in FY 06 allows for an increase in service from 80 children per day to 100 children per day at Harborside Elementary. Lauderbach and Montgomery also serve 100 children per day; Otay serves 80; all other sites serve 60.) WHEREAS, an updated MOU between the City and the Chula Vista Elementary School District for FY 2005-06 is presented for approval. NOW, THEREFORE, BE IT RESOLVED the City Council ofthe CityofChula Vista does hereby approve the Memorandum of Understanding between the City ofChula Vista and the Chula Vista Elementary School District regarding joint operation of the DASH (Dynamic After School Hours) after school recreational program, and the STRETCH (Safe Time for Recreation, Emichment, and Tutoring for Children) extended school day educational program, a copy of which shall be kept on file in the office of the City Clerk. BE IT FUR THER RESOLVED that the Mayor is hereby authorized to execute said Memorandum of Understanding. Presented by Approved as to form by David Palmer Assistant City Manager j:\attomey\reso\MOU\STRETCH AND DASH 05-06 2 ;{ --- y: DRAFT 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 Y1~ ~ ~: Ann Moore City Attorney Dated:~ I~I ;)005' Memorandum f Understandmg between the City of Chula Vista and the Chula Vista Elementary School District regarding a joint operation of the DASH and STRETCH extended school day educational program ) C t?<'/~ DRAFT Attachment "A" MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND CHULA VISTA ELEMENTARY SCHOOL DISTRICT This MOD is entered into by the City of Chula Vista and the Chula Vista Elementary School District. This is an agreement to operate an after school recreational program ("DASH" - Dynamic After School Hours), and an extended school day educational program (STRETCH - Safe Time for Recreation, Enrichment and Tutoring for CHildren) in Chula Vista Elementary School District schools in FY 2005-2006. The parties agree that the Chula Vista Elementary School District shall: 1. Facilitate communication of the DASH and STRETCH Programs' missions, goals and objectives to all participating school sites, in particular to principals, PT As and School Site Councils. 2. Actively promote cooperation and coordination among and between school sites and all personnel involved in DASH and STRETCH activities. 3. Participate in the development and actualization of a plan to evaluate the DASH and STRETCH programs. 4. Provide a staff liaison with the City as a key contact. 5. Coordinate the daily delivery of snacks for participating children through Child Nutrition Services. 6. Provide the City of Chula Vista $1,259,000 in FY 2005-2006 towards the cost of operating the DASH and STRETCH Programs, payable within 30 days of receipt of four quarterly City ofChula Vista invoices of$314,750 each, on 7/15/05,10/15/05, 1/15/06, and 4/15/06. The parties agree that the City ofChula Vista's shall: 1. Provide a Library Department Manager to oversee and coordinate the DASH and STRETCH Programs' activities, in cooperation with District staff. 2. Facilitate communication of the DASH and STRETCH Programs' missions, goals and objectives to all participating staff. 3. Actively promote cooperation and coordination among and between school sites and all personnel involved in DASH and STRETCH activities. 4. Participate in the development and actualization of a plan to evaluate the DASH and STRETCH programs. 5. Operate the DASH Program at the following 25 District Schools: Allen, Arroyo Vista, Casillas, Chula Vista Hills, Clear View, Cook (DASH Plus), Discovery Charter, EastLake, Halecrest, Hedenkamp, Heritage, Hilltop (DASH Plus), Kellogg, Liberty, Thurgood Marshall, McMillin, Olympic View, Palomar (DASH ~~~ DRAFT Plus), Parkview, Rogers, Rosebank, Salt Creek, Tiffany, Valle Lindo (DASH Plus), and Veterans (new '05-06) Elementary Schools. Note: DASH Plus sites offer extended hours and curriculum. 6. Recruit, hire, and train 54 part-time DASH Leaders (plus "floaters" as needed), under the supervision of 3 full-time DASH Supervisors. 7. Operate the STRETCH Program at the following 7 District Schools: Harborside (l00 students), Lauderbach (100 students), Lorna Verde (60 students), Montgomery (100 students), Mueller (60 students), Otay (80 students), and Rice (60 students) Elementary Schools. 8. Recruit, hire, and train 7 part-time, benefited STRETCH School Site Coordinators, and 28 part-time Youth Leaders, (plus "floaters" as needed), under the supervision of a full time STRETCH Supervisor. 9. Provide individual participating schools with detailed terms of agreement regarding specific program hours, staffing, programming, shared use of facilities, etc. 10. Contribute the following: $740,000 in STRETCH/DASH budgeted general funds; City wide overhead (human resources, payroll, finance, MIS, purchasing, and other City Departments) - in kind. 11. Act as fiscal agent for the combined District and City funds the duties of which include but are not limited to budgeting, appropriating, expending, tracking, and reporting funds. The parties agree that a joint decision-making panel shall continue to govern the DASH and STRETCH Programs. The panel is comprised of the following District and City employees: Chula Vista Elementary School District: Assistant Superintendent for Community and Government Services District Director of Early Intervention City of Chula Vista Assistant City Manager/Chula Vista Public Library Director Educational Services Manager The parties further agree to hold each other harmless each other against any and all claims asserted or liability established for damages or injuries, including death, to any person or property, including an officer, agent or employee of one of the parties, which arise from or are connected with or are caused or claimed to be caused by the negligent acts or omissions of the District or the City in carrying out the terms of this agreement; provided, however, that no duty to hold harmless the other party shall arise or exist regarding the established sole negligence or willful misconduct of that party. CHULA VISTA ELEMENTARY SCHOOL DISTRICT CITY OF CHULA VISTA By: By: Date: Date: c2-/7 COUNCIL AGENDA STATEMENT 3 Item No.: Meeting Date: 6/21/05 ITEM TITLE: Resolution of the City Council of the City of Chula Vista approving the payment of $106,881 to the County of San Diego for the City's share of the Otay River Watershed Management Plan from the existing expenditure budget of the Planning & Building Department. SUBMITTED BY: Director of Planning & Building f REVIEWED BY: City Manage{;:) 4/5THS VOTE: YES X No SUMMARY: As a member ofthe Joint Exercise Powers Agreement with an interest in the Otay River, the City is responsible for its share of the cost for a watershed management plan. As the lead agency, the County of San Diego has presented the City with an invoice for said plan. RECOMMENDATION: That Council approve the resolution approving the payment of $106,881 to the County of San Diego for the City's share of the Otay River Watershed Management Plan from the existing expenditure budget of the Planning & Building Department. BOARD/COMMISSIONS RECOMMENDATION: N/ A DISCUSSION: Backeround On April 15, 2003, the City of Chula Vista entered into the Joint Exercise of Powers Agreement (JEP A) with the County of San Diego and the Cities of Imperial Beach and San Diego, and the San Diego Unified Port District for the development of a Watershed Management Plan (WMP) for the Otay River Watershed. The intent of the WMP is to clearly identify critical areas and practices that need to be targeted for aquatic resource protection, pollution prevention, and flood control. Once presented to, and approved by the City Council, the plan will be used as a tool for reviewing future projects with impacts on the Otay watershed in Chula Vista. Where feasible, development projects may be required to implement improvement strategies as recommended by the plan. The WMP is intended to serve as an advisory document, providing the local agencies 3-'/ Page 2, Item No.: 3 Meeting Date: 6/14/05 with recommended guidelines for development, habitat conservation, and water quality maintenance within the watershed. The County of San Diego is serving as the lead agency for this effort, and has retained the services of Aspen Environmental consulting to assist with the preparation of the WMP. Since the signing of the JEP A, the City has attended monthly Project Team and Stakeholder meetings to provide input in the development of the WMP. In addition, former Assistant City Manager, George Krempl and Councilmember John McCann have participated at the Executive and Policy Committee levels to resolve any issues brought forward by the Project Team and provide direction in administering the JEP A. Due to the recent retirement of Mr. Krempl, Jim Sandoval, Director of Planning and Building, will now serve on the Executive Committee as representative for the City of Chula Vista. As indicated in the Agreement, the participating Agencies shall consider a recommended fair share contribution to fund the preparation of the WMP. On December 13, 2004, the Otay Watershed WMP Policy Committee approved a motion to approve a fair share contribution formula based on land area and population and directed the respective Agency staffs to docket consideration of the fair share contribution amount by each jurisdiction. Participants in the plan are asked for the following fair share contributions: County of San Diego $318,000, Chula Vista $106,881, City of San Diego $58,503, City of Imperial Beach $18,576, and the Port of San Diego $6,479. It is anticipated the plan will be completed in January 2006. According to the current draft WMP, the Plan will be updated periodically in order to consider changes to watershed conditions and regulatory requirements and additional fair share contributions by the City would need Council approval. FISCAL IMP ACT: This is a one-time payment of$106,881 from the existing expenditure budget of the Planning & Building Department. Other than this fiscal impact, there may be additional future requests for funding to complete this plan and/or to update the plan. At this time, future impacts to the City's General Fund are not known. Attachments Fair share invoice. H:\Planning\BobMc\Otay Watershed A 1131.doc 3~;L GARY L. PRYOR DIRECTOR County of San Diego DEPARTMENT OF PLANNING AND LAND USE 5201 RUFFIN ROAD, SUITE B, SAN DIEGO, CALIFORNIA 92123-1666 INFORMATION (858) 694-2960 TOLL FREE (800) 411-0017 April 4, 2005 City of Chula Vista Attn: Ms. Marisa Lundstedt 276 Fourth Avenue Chula Vista, CA 91910 INVOICE Otay River Watershed Management Plan Fair Share Contribution 1: Please return payment with the enclosed copy of this invoice Make Check Payable To: County of San Diego Mail To: County of San Diego Department of Planning and Land Use Attn: Ms. Trish Boaz Environmental Resource Manager 5201 Ruffin Road, Suite B San Diego, CA 92123 SAN MARCOS OFFICE 338 VIA VERA CRUZ. SUITE 201 SAN MARCOS, CA 92069-2620 (760) 471-0730 EL CAJON OFFICE 200 EAST MAIN ST. . SIXTH FLOOR EL CAJON, CA 92020-3912 (619) 441-4030 $106,881.00 1 Pursuant to the Joint Exercise of Powers Agreement entered into by the City of Chula Vista on March 24, 2004. 3--3 DRAFT RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PAYMENT OF $106,881 TO THE COUNTY OF SAN DIEGO FOR THE CITY'S SHARE OF THE OTAY RIVER WATERSHED MANAGEMENT PLAN FROM THE EXISTING EXPENDITURE BUDGET OF THE PLANNING & BUILDING DEPARTMENT WHEREAS, on April 15, 2003, City Council approved Resolution 2003-160 for the Joint Exercise of Powers Agreement for participation in the preparation of a Watershed Management Plan (WMP) for the Otay River; and, WHEREAS, on December 13, 2004, the Otay Watershed WMP Policy Committee approved a motion to approve a fair share contribution formula based on land area and population and directed the respective Agency staffs to docket consideration of the fair share contribution amount by each jurisdiction; and, WHEREAS, based on the referenced fair share contribution formula, the City of Chula Vista's contribution to the WMP preparation is $106,881. NOW, THEREFORE BE IT RESOLVED THAT the City Council of the City of Chula Vista does hereby authorize the payment of $106,881 to the County of San Diego for the City's share of the Otay River Watershed Management Plan. BE IT FURTHER RESOLVED that the City payment of$106,881 to the County of San Diego shall be made from the current expenditure budget of the Planning & Building Department. Presented by Approved as to form by 2~~:e f' /JJ~ James D. Sandoval Director of Planning and Building City Attorney H:IPlanninglBobMclOVWMP Reso.doc 3-Lf COUNCIL AGENDA STATEMENT Item: il Meeting Date: 612172005 ITEM TITLE: RESOLUTION AUTHORIZING PAYMENT OF $30,383 TO lENAL ENGINEERING CORPORATION AND $26,870 TO SPK CONSULTING FOR WORK COMPLETED IN ADDITION TO THE ORIGINAL CONTRACT WORK ASSOCATED WITH THE REMOVAL OF UNDERGROUND FUEL TANKS AT 707 F STREET Director of Public Works Operatio#, City ManagtL) (4/Sths Vote: Yes_ Nol) SUBMITTED BY: REVIEWED BY: Council Resolution 2004-202 authorized work for the underground fuel storage tanks removal at 707 F Street, which has been completed. However, additional work related to the removal of contaminated soil that was stockpiled for an environmental assessment and transported to an area landfill for disposal was completed. The cost for this additional work is $57,253. RECOMMENDATION: That the City Council authorize payment of $30,383 to lenal Engineering Corporation and $26,870 to SPK Consulting for work completed in addition to the original contract work associated with the removal of underground fuel tanks at 707 F Street. BOARDS/COMMISSIONS RECOMMENDATION: N/ A DISCUSSION: While removing the underground fuel storage tanks at 707 F Street, contaminated soil was discovered, removed and stockpiled onsite (700 cubic yards), which was approved by the County of San Diego Department of Health. The holes where the tanks were previously buried remained unfilled due to the contaminated soil. As a result, work was authorized to import soil to fill the holes because heavy rains were predicted, at the time, and the contractor was already on site with the necessary equipment. In addition, the holes were 16 feet deep and needed to be filled due to safety concerns. With heavy rains imminent, the evaluation of the soil and transportation to the landfill was also necessary to avoid storm water runoff issues. When staff initially requested approval of $300,000 for Capital Improvement Project - GG 186 to remove the underground fuel storage tanks at 707 F Street, staff was uncertain of the extent of soil contamination onsite and how much it would cost to remove contaminated soil; stockpile it; and transport it. However, included in the original project was an estimate of $100,000 for this work. 4-/ Page 2, Item ~ Meeting Date 6/21/05 Some contaminated soil still remains at this site and staff will return to Council for authorization for additional work after the San Diego County Department of Environmental Health approves a work plan to remove the contaminated soil. FISCAL IMPACT: A total of $300,000 has been budgeted for the removal of the underground fuel storage tanks at 707 F Street. This project is part of the City's Capital Improvement Program (GG-186), which is funded by the General Fund. A total of $94,418 has been spent to date from the project. Approval of this resolution impacts the General Fund by $57,253, leaving a remaining balance of $148,329 in the project. C:\Documents and Settings\robertb\My Documents\Bob\A! 13 lena! SPK 707 F Streeta.doc 4-~~ DRAFT RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING PAYMENT OF $30,383 TO lENAL ENGINEERING CORPORATION AND $26,870 TO SPK CONSULTING FOR WORK COMPLETED IN ADDITON TO THE ORIGINAL CONTRACT WORK ASSOCIATED WITH THE REMOVAL OF UNDERGROUND FUEL TANKS AT 707 F STREET WHEREAS, Council Resolution 2004-202 authorized work for the underground fuel storage tanks removal at 707 F Street, which has been completed; and WHEREAS, additional work related to the removal of contaminated soil that was stockpiled for an environmental assessment and transported to an area landfill for disposal was completed. The cost for this additional work is $57,253; and WHEREAS, while removing the underground fuel storage tanks at 707 F Street, contaminated soil was discovered, removed and stockpiled onsite (700 cubic yards), which was approved by the County of San Diego Department of Health; and WHEREAS, the holes where the tanks were previously buried remained unfilled due to the contaminated soil. As a result, work was authorized to import soil to fill the holes because heavy rains were predicted at the time, and the contractor was already on site with the necessary equipment; and WHEREAS, staff initially requested approval of $300,000 for Capital Improvement Project - GG 186 to remove the underground fuel storage tanks at 707 F Street, staff was uncertain of the extent of soil contamination onsite and how much it would cost to remove contaminated soil; stockpile it; and transport it. However, included in the original project cost was an estimate of $100,000 for this work, of which $57,253 will be spent with Council's approval of this resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council of City of Chula Vista does hereby authorize payment of $30,383 to lenal Engineering Corporation and $26,870 to SPK Consulting for work completed in addition to the original contract work associated with the removal of the underground fuel tanks at the 707 F Street. Presented by Approved as to form by t'Uf~)\ ~~~\ Ann Moore City Attorney Dave Byers Director of Public Works Operations l:attomey/reso/fmance/authorizing pmt -lenal engineering Corporation ~-3 COUNCIL AGENDA STATEMENT Item rs Meeting Date 6/21/05 ITEM TITLE: Resolution approving the Engineer's Reports for the FY 2005/06 spread of assessments for Open Space Districts 2 through 10, 15, 17, 18, 20, 23, 24, 26,31 and 33, Bay Boulevard and Town Centre Maintenance Districts; declaring the intention to levy and collect assessments; and setting a public hearing regarding these assessments. SUBMITTED BY: City Engineer ~ REVIEWED BY: City Manager ;a (4/5ths Vote: Yes_No~ The City administers and maintains twenty-four (24) Open Space Districts that have been established over the last thirty years. The Districts provide a financing mechanism to maintain the public open space areas associated with each particular development. The levy of an annual assessment for FY 2005/06 will enable the City to collect sufficient funds to provide these ongoing services. RECOMMENDATION: That Council adopts the resolution, and setthepublic hearing for July 19, 2005 at 6:00 p.m. BOARDS/COMMISSIONS: N/ A DISCUSSION: Open Space Districts (OSD's) were established in conjunction with each particular development to ensure financing for the perpetual maintenance of common open space areas. OSD' s provide a mechanism for the City to levy an annual assessment and collectible to cover the costs of maintenance associated with each OSD. Once City Council approves the annual collectible amount, it is sent to the County for inclusion on the tax bill. Each year Council must take two actions before levying the annual assessment. First, Council approves the Engineer's Report on Open Space Districts, declares its intention to levy the annual assessment, and sets the date and time for a public hearing. The second action is to conduct the public hearing, take and consider public testimony, and levy the annual assessment and set the amount to be collected against the assessment. Tonight's action is the first step in this process. Pursuant to state law and the Municipal Code, the City Engineer has prepared and filed annual reports for all existing Open Space Districts that are included as Attachments 1 and 2 to this report. The annual reports allow Council to review the history of the Open Space Districts. The report includes information regarding: . the proposed budgets . funds remaining in the account . the proposed assessment (based upon the prior year assessment plus an inflation factor) . the collectible (the amount needed from each property owner to provide sufficient funds for the following fiscal year's maintenance) S-I Page 2, Item -2- Meeting Date 6/21/05 Table 1 lists the names and locations of the Districts. Note that separate resolutions include action on OSD 2, 11, 14 and Eastlake Maintenance District No.1. Table 1. Open Space Districts Within the City of Chula Vista 2 3 4 5 6 7 8 9 10 11 14 15 17 18 20 23 24 26 31 33 Lark Haven Rancho Robinhood Units 1 & 2 Bonita Ridge South Bay Villas Hilltop Vista Zenith Units 2, 3, and 4 Rancho Robinhood Unit 3 EI Rancho del Re EI Rancho del Rey 6, Casa del Rey Hidden Vista Village Bonita Long Canyon Bonita Haciendas Bel Air Ridge Rancho del Sur Rancho del Re Otay Rio Business Park Can on View Homes Park Bonita Telegraph Canyon Estates Broadwa Business Home Village Eastlake Maintenance District No.1 Ba Boulevard Maintenance District Town Centre Maintenance District South and East of Lorna Verde Park South of Allen School Lane Camino Elevado north of Otay Lakes Road North end of Crest Drive south of E Street Camino Vista Real north of Telegraph Can on Road North & South of Palomar, east of 1-805 Surrey Drive southwest of Ota Lakes Road Paseo del Re ,north of Telegraph Can on Road West of Paseo Ranchero - H & J Streets East H Street, east of 1-805 North of East H Street - Otay Lakes Road & Corral Canyon Road Can on Drive, east of Ota Lakes Road Northeast of Paseo Ladera & East J Street East end of East Naples Street North of East H Street, west of Ota Lakes Road West of Heritage/Otay Valley Road, south of Otay Rio Road Rut ers Avenue, south of East H Street West of the intersection of E Street & Bonita Road North of Otay Lakes Road, west of SR-125 West side of Broadwa - J & K Streets Eastlake 1, Eastlake Greens, Salt Creek 1, OTC, Telegraph Canyon Channel Ba Boulevard - E & F Streets Third Avenue - E & G Streets Improvements and Services The facilities and items to be maintained by the Open Space Districts consists in general of the following: 1. Irrigation 2. Fertilization 3. Aerification 4. Pest control 5. Insect infestation control 6. Removal of weeds, trash and litter 7. Removal of noxious plant materials 8. Trail maintenance 9. Public walkway cleaning 10. Low flow and brow channel maintenance 11. Weed abatement 12. Pond equipment and maintenance 13. Pedestrian light maintenance 14. Signage within trails/canyons 15. Pruning of trees and shrubs 16. Replacement of dead or diseased plant material 17. Repair of irrigation equipment 18. Irrigation equipment upgrades 19. Brush clearance 20. Encroachment trims 21. Fencing maintenance s-:. d-- Page 3, Item 3 Meeting Date 6/21/05 Assessments & Collectibles The City ofChula Vista Municipal Code makes the distinction between the assessment and the amount that the City may collect against the assessment (i.e., the collectible). The assessments for FY 2005/06 are proposed at the FY 2004/05 amounts adjusted by the inflation factor of 3.65% pursuant to the Municipal Code. (The inflation factor is based upon the lower oftwo separate, published inflation factors.) In the mid 1990's (and for all Open Space Districts established after that date), Council approved the assessments with an inflation factor. Since that date, Council may annually increase the assessment by this inflation factor without this increase being subject to a protest vote. The collectible, on the other hand, is the amount to be actually collected from the property owner and is equal to or lower than the proposed assessment. As detailed in Attachment 2, the collectible is based on the budget, the reserve requirement, savings and fund balances, earned interest, and prior years' savings. z-_ '2 -d -..:..; Page 4, Item 2- Meeting Date 6/21/05 The proposed assessments and collectibles for FY 2005/06 are as follows: Table 2. Historical and Proposed FY 2005/06 Assessments/Collectibles Open Space District or Zone 2 3 4 5 6 7 8 9 10 15 17 18 20 Zone 1 - Desilting Basin Zone 2 - Rice Canyon Zone 3 - H Street Zone 4 - Business Center Zone 5 - SPA I Zone 6 - SPA II Zone 7 - SPA III Zone 8 - N Desilting Basin Zone 9 - Tel Cyn Channel 22 24 26 31 33 Bay Boulevard (2) Town Centre (3) $ $ 54,51 1$ 55.71 1$ 57.74 $ $ 4.141 $ 4.23\ $ 4.38 $ $ 5.90 I $ 6.03 J $ 6.25 $ $ 21.95\ $ 22.431 $ 23.25 $ $ 331.18 1$ 338.47 1$ 350.82 $ $ 254.47 1 $ 260.07 1$ 269.56 $ $ 157.08 1$ 160.54 1$ 166.40 $ $ 36.21 1$ 37.01 1$ 38.36 $ $ 28.751 $ 29.381 $ 30.45 $ $ 486.02 1 $ 496.71 1$ 514.84 $ $ 604.26 1$ 617.55 1$ 640.09 $ $ 474.25 1 $ 484.68 1$ 502.37 $ $ 489.90 h 500.68 I $ 518.95 $ $1,210.731 $1,237.361 $1,282.52 $ $ 2,805.58 1$2,867.30 1$2,971.96 $ $ 0.11 6.00 I $ 34.00 $ 4.20 I $ 4.381 $ 5.00 I $ 6.00 I $ 22.00 I $ 23.20 I $ 338.00 I $ 342.001 $ 186.00 1 $ 180.00 1$ 160.00 1$ 166.00 1$ 32.00 1$ 37.50 1$ 29.00 I $ 30.00 I $ 496.00 1 $ 494.00 I $ 562.00 I $ 564.00 I $ 351.00 I $ 283.00 1$ 351.00 I $ 270,00 1$ - I $ -1$ - I 908.00 I $ 2,424.00 I $ 1,516.00 I - $ - $ Total (1) Assessment may be set at or below this amount without being subject to a vote and majority protest. (2) Bay Boulevard rates are based on acres. (3) Town Centre rates based on parcel square footage since FY 200112002. ~Y 4% $ 12,201.00 4% $ 43,180.00 9% $ 74,760.00 1% $ 35,380.00 19% $ 18,306.00 3% $ 12,480.00 12% $ 55,990.00 2% $ 59,520.00 3% $ 69,128.85 -18% $ 14,934.00 7% $ 4,692.00 1 $ 4% $ 19% $ 5% $ 60,378.00 1% $ 613,890.00 -3% $ 103,176.00 5% $195,347.14 18% $ 4,455.75 2% $ 1,573.80 -1% $ 44,489.64 0% $ 22,560.00 -19% $ 5,377.00 -23% $ 92,880.00 $ 0% 166% $ 15,489.36 $ 0% $1,754,461.2 Page 5, Item ~ Meeting Date 6/21/05 Budgets In general, most expenditure budgets have increased due to projected waterrate increases and adjustments to City staff service costs as a result of cost of living increases. For several districts (OSDs 2,3, 7,9, 10, and 20) expenditures will exceed the amount of revenue that can be generated by the proposed assessment. In most instances, the availability of sufficient reserves for these districts will ensure that the City will provide the required maintenance during FY 2005/06. For these districts, it is recommended that staff monitor the budget process during the next budget cycle to ensure Council is able to continue to collect sufficient funds for the proposed maintenance. Eventually, budgeted expenditures for maintenance of these districts will need to be reduced or the property owners will have to approve, by ballot, an increase in their assessments to cover expenditures. Table 3 outlines the recommended reserve amount for each district, and compares the district's expenditure budget with the maximum assessment for the district. Reserves While staff recommends using savings from prior years when necessary to supplement collections, it is important to note that staff also strives to maintain at least a 50% reserve. The Municipal Code allows reserves between 50%-100%. A minimum of 50% reserve is needed to provide the funds to pay for costs during the first six months ofthe fiscal year before the collectibles have been paid via the first installment of the tax bill. Reserves in excess of 50% are used, in part, to maintain as stable a collectible as practicable while retaining sufficient funds to offset future anticipated increases. Reserves also allow the City to return excess funds to property owners in the form of a lower collectible. Other District Issues Four other districts of special note - Open Space Districts 20 and 33, Bay Boulevard, and Town Centre - are discussed below. OSD 20: Established in 1989, Rancho del Rey is a phased development ofthree Sectional Planning Areas (SPAs). The district was created to encompass all three areas with the understanding that the open space improvements would be constructed in phases. Because this is a large district and not all ofthe items to be maintained have a benefit to the entire district, OSD 20 is made up of several zones (see Table 2). Every property within the district is in more than one zone. OSD 20 Typical Combined Assessment (FY2005/06) SPA I (Zones 1 or 8, 2, 3, & 5) $192 SP A II (Zones 1 or 8, 2, 3, & 6) $226 SPA III (Zones 1 or 9,3, & j) $203 Business Centre (Zones 1,2,3, & 4) $57 *Industrial (per acre) $882 Staff recommends that the assessment remain the same as FY 2004/05 plus the inflation factor of3.65%. For Zone 1 and Zones 3-9, staff recommends collecting an amount equal to or less than the assessment. For ---- - ;.-.., -'"' L~ ~ ....P Page 6, Item ...2.- Meeting Date 6/21/05 these zones, the reserves range from 0% to 100%. For Zone 2 (Rice Canyon Recreation area), collecting the full assessment amount is not sufficient to cover the maintenance and there are not sufficient reserves to cover the cost of next year's estimated maintenance. In the past, the budget needs for Zone 2 have been met with surplus funds; however, there are no longer sufficient funds to offset the entire shortfall. Therefore, staff will need to reduce the budget, and possibly reduce services, during the next budget cycle. Alternatively, property owners would need to approve an increase in their assessment by majority vote in order to cover the proposed service costs. The shortfall of funds is approximately $16,860.00 for FY 2005/06. The proposed FY 2005/06 budget for Zone 2 is $34,219.49 and the maximum revenue generated from Zone 2 assessments is $17,359.49. OSD 33: Open Space District 33, Broadway Business Homes, was formed several years ago in anticipation of development of the parcel. The project has not progressed and consequently there is no maintenance required. Each year staff recommends adjusting the assessment by the inflation factor and not collecting money against that assessment. Should the project develop in the future, staff would recommend collecting money for maintenance. Bav Boulevard Landscaoim!: & Li2htin2 District: The Bay Boulevard District was originally established in 1982 to maintain street lighting and landscaping improvements installed that year on Bay Boulevard. In response to Proposition 218, which took effect on July 1, 1997, the City prepared an Engineer's Report and conducted an assessment ballot procedure. On July 27,1999, a Public Hearing was held on the matter ofthe proposed assessment. Per Resolution 19552, no majority protest was found to exist in the district and the annual levy of assessments was authorized. The FY 99/00 assessment was set at $1,441.38 per acre. There were sufficient savings in the district at that time to set the collectible for that year at only $521 per acre. In the subsequent years, staff applied the authorized inflation factor to the original collectible rate, rather than the approved assessment rate for the district. As previously discussed, the City of Chula Vista Municipal Code makes the distinction between the assessment and the amount that the City may collect against the assessment (i.e., the collectible). Council may annually increase the assessment by an inflation factor without this increase being subject to a protest vote. The collectible, on the other hand, is the amount to be actually collected from the property owner and is equal to or lower than the proposed assessment. This collectible is based on the budget, the reserve requirement, savings and fund balances, earned interest, and prior years' savings. As a result, the district has shown a decline in reserves over the last several years, and the collectible has failed to keep pace with budgeted expenditures for the district. This year's proposed assessment rate of $2,971.76 for the Bay Boulevard District corrects this error. This action brings the district's assessment in line with the actual amount approved by the property owners in 1999, increased by the annual Municipal Code authorized inflation factors, and is therefore not subject to a majority protest. Town Center LMD: A Downtown Property and Business Improvement District (PBID) replaced Town Centre Landscape Maintenance District (LMD) in 2001. At that time, it was anticipated that the Town Centre LMD would be dissolved. However, the City determined that there was some potentia110ng-term exposure for the City based on the remote possibility that the current PBID might not receive sufficient support for re-approva1 in 2006 for its next five-year period. Should the PBID not be re-approved, and ifthe ~-./ ~ (// Page 7, Item L Meeting Date 6/21/05 Town Centre LMD is dissolved, there would no longer be a funding mechanism for downtown landscape maintenance. Based on this possibility, the Town Centre LMD is kept open as a "ghost" district. This means that the City will set the maximum assessment amount for the District on an annual basis, even though property owners will not be billed any sum on the tax roll. Should the PBID not be re-approved, the Town Centre LMD will be in place and provide the necessary funding mechanism for downtown landscape maintenance. The assessment amount for FY 2005/06 is $0.106108 per square foot (based on the last approved assessment of $0.102372 per square foot of parcel area plus an inflation factor of3.65%). Table 3. Historical and Proposed FY 2005/06 Expenditure Budget/Reserve Budget Open Space District or Zone 2 12,382.77 $ 13,962.84 $ (1,580.07) 80% 57% -23% 3 43,235.73 1$ 51,247.10 Is (8,011.37) 34% 22% -12% 4 75,514.52 1$ 71,904.96 I $ 3,609.56 70% 77% 7% 5 42,779.05 [$ 36,123.64 [$ 6,655.41 74% 96% 22% 6 28,090.17 1 $ 18,971.04 1$ 9,119.13 77% 85% 8% 7 12,598.12 1$ 13,770.00 1 $ (1,171.88) 75% 62% -13% 8 60,870.62 I $ 54,418.00 1$ 6,452.62 68% 69% 1% 9 60,222.65 1$ 72,249.93 1$ (12,027.28) 51% 44% -7% 10 69,678.56 I $ 72,157.64 [$ (2,479.08) 70% 68% -2% 15 18,826.57 $ 18,027.52 1$ 799.05 94% 100% 6% 17 7,272.64 1 $ 4,291.92 1$ 2,980.72 58% 80% 22% 18 162,518.43 I $ 113,152.92 1$ 49,365.51 70% 100% 30% 20 Zone 1 - Desilting Basin $ 50,934.31 $ $ 40,462.31 50% 50% 0% Zone 2 - Rice Canyon $ 17,359.49 1$ 1$ (16,860.00) 0% 0% 0% Zone 3 - H Street $ 38,422.40 I $ 36,823.00 1$ 1,599.40 80% 80% 0% Zone 4 - Business Center $ 60,504.73 1$ 76,229.56 1$ (15,724.83) 51% 52% 1% Zone 5 - SPA I $ 629,729.361$ 616,239.00 I $ 13,490.36 75% 92% 17% Zone 6 - SPA II $ 154,513.26 1$ 112,359.00 1 $ 42,154.26 83% 100% 17% Zone 7 - SPA III $ 195,817.51 1$ 260,819.00 1$ (65,001.49) 50% 36% -14% Zone 8 - N Desilting Basin $ 4,558.04 1$ 4,532.85 1$ 25.19 50% 75% 25% Zone 9 - Tel Cyn Channel $ 1,597.53 1$ 2,323.00 1$ (725.47) 50% 82% 32% 22 $ 46,366.71 1 $ 40,418.96 1 $ 5,947.75 39% 80% 41% 24 $ 25,603.781 $ 23,663.68 I $ 1,940.10 66% 100% 34% 26 $ 9,545.11 I $ 8,123.00 I: 1,422.11 95% 100% 5% 31 $ 178,519.67 1$ 111,209.80 67,309.87 82% 100% 18% 33 $ 46,170.85 1$ 1$ 46,170.85 0% 0% 0% Bay Boulevard $ 18,990.82 I $ 13,510.00 1$ 5,480.82 88% 50% -38% Town Centre $ 54,392.37 $ $ 54,392.37 0% 0% 0% Tota $ 2,127,015.76 $ 1,891,219.85 $ 235,795.91 A vera $ 75,964.85 $ 67,543.57 $ 8,421.2 64.6% 71.4% 6.8% S-7 Page 8, Item ~ Meeting Date 6/21/05 Notice The public hearing will be noticed pursuant to Government Code 6061, which requires that notice be published in a newspaper of general circulation at least 10 days before the public hearing. Plans, specifications, and assessment rolls are on file in the General Services office. Resolution The City Engineer has prepared and filed reports on assessments for all existing Open Space Districts. The above resolution approves the reports and sets the date and time for a public hearing to consider the levy of assessments and the collection of funds. FISCAL IMPACT: The full cost of providing maintenance services in these districts totals $1,891,219.73. This entire amount is recovered through the OSD collectible and reserves, as detailed on the District Cost Summary worksheets (Attachment 2), resulting in no net impact to the General Fund. Attachments: 1. District Maps 2. Cost Summaries 3. OSD 20 Amortized Costs /'\ S-y IlJ ~ ~Il.~ ~Im a~ D \ ~ ~l\ \ \ ^ r/Tf- \\ ~ , J ~ 1 ~ ~~ / --"-' T r.... ...' ",...VA. - j I L I :iJ ~ .-; ~ ~ c w a:: ill ~ ~ ~ Q. ~ ~~~~! ~> - ~If~ ~~ ~ tII"t :J .,.. 5 1 o .c: c:: .,.. 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CITY OF CHULA VISTA OSD 2 (Lark Haven) 2005/06 Fiscal Year District Cost Summary OescripUon 2005/06 Am:o.Ullt 2004105 Amount 2003/2004 Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contract Services Landscape Supplies Materials to maintain structures, grounds Backflow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost $0.00 228.00 0.00 2,874.00 1,110.00 3,125.00 4,599.84 337.00 380.00 0.00 400.00 790.00 0.00 0.00 119.00 0.00 0.00 $13,962.84 Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) $7,958.82 57% 0.00 9.724.87 $12,196.79 Equivalent Dwelling Units (EDU's) 249.00 Collectible/EDU Percent change from prior year $48.98 4% QPWKl;effiISKi.divirl.$.imP9rl.f ............. .:::$."$~QQi Revenue from even dollar payment $12,201.00 A$SeS$MIUilT)}>$I$t7$/ Assessment with CPI (4) S9~9~tl:egg>$~$;P$ Percent change from prior year 7% $0.00 $0.00 228.00 224.00 0.00 0.00 2,874.00 2,777.00 1,110.00 1,110.00 2,962.00 1,825.00 4,632.00 4,632.00 337.00 337.00 380.00 380.00 0.00 0.00 400.00 400.00 40.00 40.00 0.00 0.00 0.00 0.00 122.00 121.00 0.00 0.00 0.00 0.00 $13,085.00 $11,846.00 $10,468.00 $9,476.80 80% 80% 0.00 0.00 11.844.00 10.136.00 $11,709.00 $11,186.80 249.00 249.00 $47.02 $44.93 5% -2% :m$4Z;nu'):"': ........................................................... $11,703.00 mm$.47;$.~[ $49.73 .........................................$............... /....:................................../.:.W).....:.. .~?;~~t 10% (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance (4) CPI Change for FY 2005/2006 = 3.65% L:'..~ ~.A ~ C?,.'. Ii : (:(:::I;g~11 $11,205.00 f:rrrUUH}:rtfrrfrr~r ::H/JII~16r $47.98 ;:U:U::UU:[(UUUUjHUtrfff::(:$IT~llH 1% CITY OF CHULA VISTA OSD 3 (Rancho Robinhood Units 1 & 2) 2005/06 Fiscal Year District Cost Summary Oescripti<)fl 200S/US AmQunt 200410.5 Amount 2003/2004 Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contract Services Landscape Supplies Materials to maintain structures, grounds Backflow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost $0.00 835.00 1,400.00 16,080.00 490.00 9,068.00 18,380.10 207.00 800.00 0.00 2,400.00 1,150.00 0.00 0.00 437.00 0.00 0.00 $51,247.10 Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) $11,274.36 22% 0.00 19.193.11 $43,328.35 Equivalent Dwelling Units (EDU's) 127.00 Collectible/EDU Percent change from prior year $341 .17 4% QQWUgQmUin:;e.iiJ~yih$ijfflpqi~ ..............:::1110,;" Revenue from even dollar payment $43,180.00 A$$.e$.$MeN;r:<:\$I'QJ4' Assessment with CPI (4) $q~ii.#EP'Q.$4Q~;$~\ Percent change from prior year 7% $0.00 835.00 1,400.00 16,080.00 490.00 8,595.00 16,265.00 207.00 800.00 0.00 2,400.00 400.00 0.00 0.00 472.00 0.00 0.00 $47,944.00 $16,300.96 34% 0.00 22.496.00 $41,748.96 127.00 $328.73 10% ))):::::$~~lt~~ ......... .............................................. $41,656.00 $.~2'J45 $340.44 $~Z!M~1) 5% (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance (4) CPI Change for FY 2005/2006 = 3.65% r'J' ,#-- c.x" ~ ....-/ $0.00 821.00 1,400.00 15,536.00 490.00 7,065.00 16,265.00 207.00 800.00 0.00 2,400.00 400.00 0.00 0.00 469.00 0.00 0.00 $45,853.00 $23,385.03 51% 0.00 31.213.00 $38,025.03 127.00 $299.41 0% ::((::m:?:?:$.~MlO, $37,973.00 ..\::$121\11 $328.45 m$~$1;~$ 1% CITY OF CHULA VISTA OSD 4 (Bonita Ridge) 2005/06 Fiscal Year District Cost Summary Desc.ription 2001/06 Amount 2004105 Amount 2003/2004 Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contract Services Landscape Supplies Materials to maintain structures, grounds Backflow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost $0.00 1,621.00 1,400.00 16,357.00 210.00 12,759.00 33,275.96 1,103.00 800.00 0.00 2,400.00 1,350.00 0.00 0.00 629.00 0.00 0.00 $71,904.96 Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) $55,366.82 77% 0.00 52.386.50 $74,885.28 Equivalent Dwelling Units (EDU's) 210.00 Collectible/EDU Percent change from prior year $356.60 9% QQ~gliQTJlgi%,v,ri$.mip'ijijf$.~$$;Qq Revenue from even dollar payment $74,760.00 A$$e$$MeNm<:$I$~~$~ Assessment with CPI (4) ~ij~g~Ve.PU......UU.ni..$a.~M'U Percent change from prior year 4 % $0.00 $0.00 1,621.00 1,593.00 1,400.00 1,400.00 16,357.00 15,804.00 210.00 210.00 12,094.00 10,320.00 32,060.00 32,060.00 1,103.00 1,103.00 800.00 800.00 0.00 0.00 2,400.00 2,400.00 600.00 600.00 0.00 0.00 0.00 0.00 690.00 685.00 0.00 0.00 0.00 0.00 $69,335.00 $66,975.00 $48,534.50 $32,817.75 70% 49% 0.00 0.00 48.922.00 28.971.00 $68,947.50 $70,821.75 210.00 210.00 $328.32 $337.25 -3% 5% H$all;UU ...... $68,880.00 ::$a4.i;$.a $359.59 ..........................................................................$... 3' "'3' ..0.......1. ..7.... ....................................... ... :~:::::::::: :::::::::::::::::::::::::::::::::::::~:~~:::::::::::::::::::::~" ..::....::...:..:", ;~::., .:::..;::: 4% (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance (4) CPI Change for FY 2005/2006 = 3.65% S'-3ff ........................i!i,............... ?:::i::::::::..3.~lJQg $70,770.00 ??:::$II~;4G $346.93 :}$a1Ii$an 1% CITY OF CHULA VISTA OSD 5 (Southbay Villas) 2005/06 Fiscal Year District Cost Summary Oescripti<m 2005/06 Amnullt 2004105 Amount 2003/2004 Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contract Services Landscape Supplies Materials to maintain structures, grounds Backflow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost $0.00 245.00 280.00 11,817.00 860.00 7,231.00 11,537.64 947.00 800.00 0.00 1,200.00 870.00 0.00 0.00 336.00 0.00 0.00 $36,123.64 Equivalent Dwelling Units (EDU's) 122.00 $0.00 $0.00 245.00 241.00 280.00 280.00 11,817.00 11,417.00 860.00 860.00 6,854.00 5,446.00 13,673.00 13,673.00 947.00 947.00 800.00 800.00 0.00 0.00 1,200.00 1,200.00 120.00 120.00 0.00 0.00 0.00 0.00 364.00 362.00 0.00 0.00 0.00 0.00 $37,160.00 $35,346.00 $27,498.40 $22,267.98 74% 63% 0.00 0.00 29.395.00 22.574.00 $35,263.40 $35,039.98 122.00 122.00 $289.04 $287.21 1% 1% Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) $34,678.69 96% 0.00 35.335.29 $35,467.04 Collectible/EDU Percent change from prior year $290.71 1% Qg4.U.i.ITIS.U.E~iviri.:$.}mjpqij[:i:::I#.I~;~~ Revenue from even dollar payment $35,380.00 A$S2S$M2Nm:::::::H):$$$1;6$ Assessment with CPI (4) s.q~g~ije.QQ::::HHi)H::$~I';1Q Percent change from prior year -3% )H:::$2$.lu~n ................... ...................................... $35,258.00 )$3.3.8)10 $350.65 )1~~4;$' 5% ,::::))::::))::\$.tl.l\P.~ $35,014.00 ::::::::::$$$1M)2 $338.30 H)::$~I$:/l~ 1% (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance (4) CPI Change for FY 2005/2006 = 3.65% 5-3..L Oescripti<m 20o.S.l0G Affi<nmt 2004105 Amount 2003/2004 CITY OF CHULA VISTA OSD 6 (Hilltop Vista) 2005/06 Fiscal Year District Cost Summary Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contract Services Landscape Supplies Materials to maintain structures, grounds Backflow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost $0.00 313.00 280.00 6,246.00 240.00 4,068.00 5,288.04 311.00 780.00 0.00 400.00 870.00 0.00 0.00 175.00 0.00 0.00 $18,971.04 $0.00 313.00 280.00 6,246.00 240.00 3,856.00 5,938.00 311.00 780.00 0.00 400.00 120.00 0.00 0.00 178.00 0.00 0.00 $18,662.00 Reserve Requirement (1) $16,125.38 $14,369.74 Reserve Percent 85% 77% Special Reserve 0.00 0.00 Fund Balance (2) 16.727.57 17.541.00 Net Assessment (3) $18,368.85 $15,490.74 Equivalent Dwelling Units (EDU's) 162.00 162.00 Collectible/EDU $113.39 $95.62 Percent change from prior year 19% -13% QQwus.QmntU;;i.~~vj6$.imQqijt:111~(~~ Revenue from even dollar payment $18,306.00 A$$.e.$.$Me.Nm.iii$1rl~4Q Assessment with CPI (4) l:i:h)'dgit/ef>p><<<... . Percent change from prior year i$$~;nn: .............................. ........................... $15,552.00 i$.1&.7t~$ $173.40 ..........................................................................$... .1..1.. ..5.. ....2.. .0. ...... ...................................... .. .. . : ::::::::: ::::: :::::::::::::::::::~::::::::::::::::::::::::::::::::::::::::~:. ";:"'~::"':":" :~::::.,: '... .::: 8% (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance (4) CPI Change for FY 2005/2006 = 3.65% ~-~33 $0.00 308.00 280.00 6,035.00 240.00 2,657.00 5,938.00 311.00 780.00 0.00 400.00 120.00 0.00 0.00 176.00 0.00 0.00 $17,245.00 $13,278.65 77% 0.00 12.667.00 $17,856.65 162.00 $110.23 0% :::t$.110~1(l $17,820.00 /:i/$1$.I;II) $167.29 $10$.1;4.$ 1% CITY OF CHULA VISTA OSD 7 (Zenith Units 2, 3 & 4) 2005/06 Fiscal Year District Cost Summary Oesc ripti<Ul 20.0.5106 AmQUllt ~U.U4I05 Amnum .2003/.2004 Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contract Services Landscape Supplies Materials to maintain structures, grounds Backflow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost $0.00 211.00 0.00 4,394.00 290.00 3,006.00 3,810.00 234.00 360.00 0.00 400.00 950.00 0.00 0.00 115.00 0.00 0.00 $13,770.00 $0.00 211.00 0.00 4,394.00 290.00 2,849.00 3,390.00 234.00 360.00 0.00 400.00 200.00 0.00 0.00 115.00 0.00 0.00 $12,443.00 $0.00 207.00 0.00 4,245.00 290.00 1,720.00 3,390.00 234.00 360.00 0.00 400.00 200.00 0.00 0.00 114.00 0.00 0.00 $11,160.00 Reserve Requirement (1) $8,537.40 $9,332.25 $8,593.20 Reserve Percent 62% 75% 77% Special Reserve 0.00 0.00 0.00 Fund Balance (2) 9.849.20 9.738.00 9.661.00 Net Assessment (3) $12,458.20 $12,037.25 $10,092.20 Equivalent Dwelling Units (EDU's) 104.00 104.00 104.00 Collectible/EDU $119.79 $115.74 $97.04 Percent change from prior year 3% 19% 0% :Qm4.c.glmu:n;;iH~vgij$ijijjijijijfH :$.la~m~Q Revenue from even dollar payment $12,480.00 A$$e$$MeNm)$1~1MI Assessment with CPI (4) lij~hJitle.QQ....$111;4.Q Percent change from prior year 11 % >..:$11'A~qH $12,064.00 .................................... "$..1.1.6 .8.7. ...................................... .. .. . ...................................... .... . ....................................... .. . .. ...................................... ........ :::::::::::::::::::::::::::::::::::::::::::::;:::::;:::;:;:::;:;:;:;:;:;::::. ,.;:. .:::. .:.. "~:" ,,: ,,:::> $121 14 :$.11$\~4.i 11% :::!:/t:$.$.(t;'Qg. $10,088.00 :d$:U4l3.$ $116.87 ~rr~rrrrrrffffr}}}fr~$I~Ql~~11f~ 1% (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance (4) CPI Change for FY 2005/2006 = 3.65% ~-- 3~( Oescriptinn 20IS/DS Ari'inunt 200410.5 Antount 200.3/200.4 CITY OF CHULA VISTA OSD 8 (Rancho Robinhood Unit 3) 2005/06 Fiscal Year District Cost Summary Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contract Services Landscape Supplies Materials to maintain structures, grounds Backflow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost $0.00 404.00 280.00 15,520.00 630.00 9,825.00 24,644.00 422.00 350.00 0.00 800.00 1,070.00 0.00 0.00 473.00 0.00 0.00 $54,418.00 $0.00 404.00 280.00 15,520.00 630.00 9,313.00 23,747.00 422.00 350.00 0.00 800.00 320.00 0.00 0.00 517.00 0.00 0.00 $52,303.00 Reserve Requirement (1) $37,548.42 $35,566.04 Reserve Percent 69% 68% Special Reserve 0.00 0.00 Fund Balance (2) 35.963.60 37.838.00 Net Assessment (3) $56,002.82 $50,031.04 Equivalent Dwelling Units (EDU's) 110.00 110.00 Collectible/EDU $509.12 $454.83 Percent change from prior year 12% 1% QQJtljgQ110in:;Et~yih$Wiij9.6.U:I$.Q$.:l.'Q Revenue from even dollar payment $55,990.00 jA$$e$$MeNmrfrrrrr~fjrrjfj))))))))))rrrrr~tt(rrrr)H):::::::::::)}?rrrrmr$G$a:~a7 Assessment with CPI (4) a9.diiVEPQ..$4:~/t1 Percent change from prior year 4 % ..$4:~$.A~q $50,050.00 UU$.$.laiQI $553.37 i.14Z$.l.U 4% (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance (4) CPI Change for FY 2005/2006 = 3.65% -..< ~ -d5"- $0.00 397.00 280.00 14,995.00 630.00 7,733.00 23,747.00 422.00 350.00 0.00 800.00 320.00 0.00 0.00 513.00 0.00 0.00 $50,187.00 $25,093.50 50% 0.00 25.710.00 $49,570.50 110.00 $450.64 2% .it$61~Q~ $49,610.00 Urrt:$$22;~~[ $533.88 :r$4:~$)I$.: 2% CITY OF CHULA VISTA OSD 9 (EI Rancho del Rey) 2005/06 Fiscal Year District Cost Summary Oesc.ripUO-o 2005t66 Pinto-tint 2004105 Amount 2003/2004 Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contract Services Landscape Supplies Materials to maintain structures, grounds Backflow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost $0.00 442.00 2,520.00 24,095.00 580.00 12,647.00 25,350.93 1,005.00 1,500.00 0.00 2,400.00 1,070.00 0.00 0.00 640.00 0.00 0.00 $72,249.93 Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) $31,789.97 44% 0.00 44.503.28 $59,536.62 Equivalent Dwelling Units (EDU's) 384.00 Collectible/EDU Percent change from prior year $155.04 2% QQ!4.ggQ]Is.ge~iviij$.pijijtUll~$;;~(t Revenue from even dollar payment $59,520.00 .:A:SSESSMEIlI~::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::t!!:1:J!:il!!::::0'3:::' :M.:.:;:'. .:... ::.. .:.: .::. .:..... :~~::~d: ;:;:;:;:;:::;:;:::;:::::;:::::::::::;:;:;:;:;:;:::;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:::;:;:;:;:;:;:::;:;:;:;:::::;::: ::::;:::::::::::::::::::::::::::::::::::::::::::::;:;:;:;:;:;:::;:;:;:;:;:::!f.:;. :~~~~'" ,:::: Assessment with CPI (4) s.ij~g~t/~PQ::111';1~ Percent change from prior year 5% $0.00 442.00 2,520.00 24,095.00 580.00 11,988.00 23,392.00 1,005.00 1,500.00 0.00 2,400.00 320.00 0.00 0.00 683.00 0.00 0.00 $68,925.00 $35,151.75 51% 0.00 45.763.00 $58,313.75 384.00 $151.86 4% .)$1$1;OQ .......................................................... $58,314.00 ........................ .............$..1.51..3.1... ...................................... . . . ." . .. ..................................... .... ... ...................................... ..... ..................................... ..... ... ...................................... . ..... . .. ..................................... .. .. .... :.;.;.;.;.;.;.;.:-:-:-:-:-:.;.:';';';':-:-:-:-:':-:-:';':-:-:';':.:.:.:':';'.-:'.......:-.:-!':....;....;.;. $156.83 ......................................$................. ..................................... .. ... ... ....................................... .... ..................................... ...... .. ...................................... .... .. :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::...1;r~M!\:!t: 4% (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance (4) CPI Change for FY 2005/2006 = 3.65% - ~ ( ~-d~ $0.00 434.00 2,520.00 23,280.00 580.00 10,221.00 23,392.00 1,005.00 1,500.00 0.00 2,400.00 320.00 0.00 0.00 678.00 0.00 0.00 $66,330.00 $38,471.40 58% 0.00 49.238.00 $55,563.40 384.00 $144.70 0% ::m::::::::$14.1~P.P. $55,680.00 14a:(Q$ $151.31 .,.. ''ljo):'7' "3" ..... ..::...i~: .::~~~~::. :~::..,:~~~~ 1% CITY OF CHULA VISTA OSD 10 (EI Rancho del Rey 6 & Cassa del Rey) 2005/06 Fiscal Year District Cost Summary Oescripti<m 20.05/06 AmQunt 10.0410.5 Amnum 2003/2004 Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contract Services Landscape Supplies Materials to maintain structures, grounds Backflow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost $0.00 383.00 840.00 18,295.00 550.00 12,875.00 33,212.64 739.00 380.00 0.00 2,800.00 1,450.00 0.00 0.00 633.00 0.00 0.00 $72,157.64 $0.00 383.00 840.00 18,295.00 550.00 12,204.00 32,961.00 739.00 380.00 0.00 2,800.00 200.00 0.00 0.00 696.00 0.00 0.00 $70,048.00 $0.00 376.00 840.00 17,676.00 550.00 10,422.00 32,961.00 739.00 380.00 0.00 2,800.00 200.00 0.00 0.00 692.00 0.00 0.00 $67,636.00 Reserve Requirement (1) $49,067.20 $49,033.60 $48,021.56 Reserve Percent 68% 70% 71% Special Reserve 0.00 0.00 0.00 Fund Balance (2) 52.237.20 52.232.00 53.503.00 Net Assessment (3) $68,987.64 $66,849.60 $62,154.56 Equivalent Dwelling Units (EDU's) 658.37 658.37 658.37 Collectible/EDU $104.79 $101.54 $94.41 Percent change from prior year 3% 8% 0% QQ];;ugQ;tnJ.ue.;;~vjh$Amij9"~?::::::::$lP.$;'I: Revenue from even dollar payment $69,128.85 A$$.i$.$MiNm::)$,Q$;la Assessment with CPI (4) ~9~1~lePQ.?$1Q~};;~Q/ Percent change from prior year 3% \:::\::$1U2iOO .......................................................... $67,154.00 U)$10Z!U $105.83 /$1P.$\U? 4% :::::::::::::::))::::$14MU) $61,887.00 ..:\\\:)$11;11 $102.11 ::?:/$1Q2ft~ 1% (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance (4) CPI Change for FY 2005/2006 = 3.65% - , ~-.57 CITY OF CHULA VISTA OSD 15 (Bonita Haciendas) 2005/06 Fiscal Year District Cost Summary Oesc.ripti<m alastus Aiil~ont 2004105 Amount 2003/2004 Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contract Services Landscape Supplies Materials to maintain structures, grounds Backflow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost $0.00 179.00 280.00 6,745.00 600.00 4,100.00 3,737.52 204.00 340.00 0.00 800.00 870.00 0.00 0.00 172.00 0.00 0.00 $18,027.52 $0.00 179.00 280.00 6,745.00 600.00 3,886.00 5,483.00 204.00 340.00 0.00 800.00 120.00 0.00 0.00 179.00 0.00 0.00 $18,816.00 $0.00 176.00 280.00 6,517.00 600.00 2,685.00 5,483.00 204.00 340.00 0.00 800.00 120.00 0.00 0.00 178.00 0.00 0.00 $17,383.00 Reserve Requirement (1) $18,027.52 $17,687.04 $15,123.21 Reserve Percent 100% 94% 87% Special Reserve 0.00 0.00 0.00 Fund Balance (2) 21.099.27 18.278.00 16.755.00 Net Assessment (3) $14,955.77 $18,225.04 $15,751.21 Equivalent Dwelling Units (EDU's) 57.00 57.00 57.00 Collectible/EDU $262.38 $319.74 $276.34 Percent change from prior year -18% 16% 0% QQl4.LgQTJSLE..H.~v'6$.Wi.pqijtU ...................U.......$#.$.I;tl.1 Revenue from even dollar payment $14,934.00 A$$e.$$Me.Nm$~~(K2' Assessment with CPI (4) [QAIAI11EQiUi }U?))}U}}:uU?}[[rrrf~rrr~frfffff?}}}jJ)iji!ijr{rrrrrr[rr[~[:[:[:}}}[$#1j~~~ll~:[. Percent change from prior year -4 % :.$I~~M~U $18,240.00 H$.~1J;" $330.29 HUH$#ao:a1 8% :.H.\:.#.II}tJ.IH $15,732.00 ........?:$~1:1\IQ $318.66 IQ4;$" 1% (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance (4) CPI Change for FY 2005/2006 = 3.65% " 5"-3/ CITY OF CHULA VISTA OSD 17 (Bel Air Ridge) 2005/06 Fiscal Year District Cost Summary . . tlesc ri pliQn . . 200.5106 AfuQ(:I III 20.04/.0.5 Aniou m 20.0. 3/20.0.4 Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contract Services Landscape Supplies Materials to maintain structures, grounds Backflow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost $0.00 0.00 560.00 0.00 0.00 1,204.00 1,087.92 550.00 100.00 0.00 750.00 0.00 0.00 0.00 40.00 0.00 0.00 $4,291.92 $0.00 0.00 560.00 0.00 0.00 1,141.00 2,020.00 550.00 100.00 0.00 0.00 0.00 0.00 0.00 40.00 0.00 0.00 $4,411.00 $0.00 0.00 560.00 0.00 0.00 596.00 2,020.00 550.00 100.00 0.00 0.00 0.00 0.00 0.00 40.00 0.00 0.00 $3,866.00 Reserve Requirement (1) $3,433.54 $2,558.38 $3,866.00 Reserve Percent 80% 58% 100% Special Reserve 0.00 0.00 0.00 Fund Balance (2) 3.021.60 2.557.00 5.693.00 Net Assessment (3) $4,703.86 $4,412.38 $2,039.00 Equivalent Dwelling Units (EDU's) 46.00 46.00 46.00 Collectible/EDU $102.26 $95.92 $44.33 Percent change from prior year 7% 116% -17% Qgw.t.llitmJs.ee~~htg6.:$.mnp'ij6f//$.1Q.a;QQi Revenue from even dollar payment $4,692.00 A$$.e$.$MeNrom$1$1~1Q Assessment with CPI (4) S.A~UJi!~#~QQ{......'."'.""""" . Percent change from prior year :$~$.;Qo. .......................................................... $4,416.00 :$.1$.1;5~ $158.10 $$$)1," 14% :::!!'/:::$4..;QQ/ $2,024.00 .............. m:::::r::$141~J.$ $152.53 .................................. .. . $.... .. ........ ..................................................................... ........, .84(04.... ................................................................. ::::::::::...:.....:.:...:~:..:..-:.)::: 0% (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance (4) CPI Change for FY 2005/2006 = 3.65% S-33 CITY OF CHULA VISTA OSD 18 (Rancho del Sur) 2005/06 Fiscal Year District Cost Summary o.escripti<)fl 2005106 Am:oont 20.0410.5 Amount 200.3/200.4 Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contract Services Landscape Supplies Materials to maintain structures, grounds Backflow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost $0.00 996.00 0.00 40,359.00 5,170.00 23,595.00 37,207.92 986.00 1,200.00 0.00 1,200.00 1,230.00 0.00 0.00 1,209.00 0.00 0.00 $113,152.92 $0.00 996.00 0.00 40,359.00 5,170.00 22,365.00 58,775.00 986.00 1,200.00 0.00 1,200.00 480.00 0.00 0.00 1,328.00 0.00 0.00 $132,859.00 $0.00 979.00 0.00 38,994.00 5,170.00 19,874.00 58,775.00 986.00 1,200.00 0.00 1,200.00 480.00 0.00 0.00 1,319.00 0.00 0.00 $128,977.00 Reserve Requirement (1) $113,152.92 $93,001.30 $79,965.74 Reserve Percent 100% 70% 62% Special Reserve 0.00 0.00 0.00 Fund Balance (2) 116.256.72 93.315.00 92.433.00 Net Assessment (3) $110,049.12 $132,545.30 $116,509.74 Equivalent Dwelling Units (EDU's) 435.00 435.00 435.00 Collectible/EDU $252.99 $304.70 $267.84 Percent change from prior year -17% 14% 1% QQWgaqTJageN~vio$~ijqijt:.:::::$#$.J;,~t Revenue from even dollar payment $110,055.00 A$$S$$MSNT.:$37~A~1 Assessment with CPI (4) aqd~'J;PQ..)$~~p:a~ Percent change from prior year -15% ::):::$aM;IU $132,675.00 .1:lIOJ4$.: $373.61 )$aQ$.;4#} 3% itfrrrrrrrrrtr!;ftttrllll~~OQr $116,580.00 ::::::..:$3$2#;$ $360.45 <.'<</( ))$~~~;$.U 5% (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance (4) CPI Change for FY 2005/2006 = 3.65% 5=.7'0 CITY OF CHULA VISTA aSD 20 (Rancho del Rey Zone 1) 2005/06 Fiscal Year District Cost Summary Description 200510& Amount 2004105 Amount 2003/2004 Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contract Services Landscape Supplies Materials to maintain structures, grounds Backflow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost $0.00 0.00 0.00 0.00 0.00 7,153.00 0.00 0.00 0.00 0.00 0.00 1,816.00 0.00 0.00 1,503.00 144,818.00 0.00 $155,290.00 $0.00 5,648.00 0.00 0.00 0.00 1,101.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 68.00 144,818.00 6.700.00 $158,335.00 $0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $0.00 Reserve Requirement (1) $5,236.00 $3,408.50 $4,982.25 Reserve Percent 50% 50% 0% Special Reserve 33,849.00 27,149.00 0.00 Fund Balance (2) 164.754.07 183.529.05 0.00 Net Assessment (3) $29,620.93 $5,363.45 not available Equivalent Dwelling Units (EDU's) 882.08 882.08 882.56 Collectible/EDU $33.58 $6.08 $4.26 Percent change from prior year 452% 43% not available Q.Q.4t.eQlnlteH~y"o:$.jm9ijht ))).::::::.::::..$~~hQq Revenue from even dollar payment $29,990.72 A$$l;$$M~'irn}......... Assessment with CPI (4) Jtg~....... Percent Change from prior year $57.74 ..................... .................. .$1.5.32.. ......................................... . . .. . .. ........................................ .. .. .......................................... ...... ........................................ .. .. . .. ......................................... .. ... ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::;:;::::-..-::..:.....:';....:...:::; 2% .......................................... .$.4." 00... ............................ .............. . .. . . ........................................... .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~.......................................... .. ... . ......................................... . . . ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::;:::;::::::::::::::::::::....:.;..:t:....:....:::: $3,528.00 ?::::::g4~~1 $55.71 nQt:ivtOnnm~ not available (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance+Costs from monies previously collected + Amortized Costs (4) CPI Change for FY 2005/2006 = 3.65% (5) BudgeUEDU does not include expenditures from Special Reserve Fund in the amount of $144,818 s--L-/'/ CITY OF CHULA VISTA OSD 20 (Rancho del Rey Zone 2) 2005/06 Fiscal Year District Cost Summary Description 2005/06 Amount 2004105 Aritoum 2003/2004 Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contract Services Landscape Supplies Materials to maintain structures, grounds Backflow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost $0.00 136.00 280.00 5,364.00 200.00 6,469.00 17,819.49 460.00 500.00 0.00 1,200.00 1,459.00 0.00 0.00 332.00 0.00 0.00 $34,219.49 $0.00 136.00 280.00 5,364.00 200.00 6,132.00 22,938.00 460.00 500.00 0.00 1,200.00 40.00 0.00 0.00 381.00 0.00 0.00 $37,631.00 $0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $0.00 Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) $0.00 0% 0.00 940.80 $17,342.00 $0.00 0% 0.00 15.420.41 $16,620.59 $13,570.80 0% 0.00 0.00 not available Equivalent Dwelling Units (EDU's) 3,959.38 3,959.39 3,959.39 Collectible/EDU Percent change from prior year $4.38 4% $4.20 1% $4.14 not available QQJ#.t:gemn:.~t:gfiyjo$mnp9.tu> Revenue from even dollar payment ASSeSSMENT>.................. ........................................ Assessment with CPI (4) $9.d9~11e.PQ))><>>............................".".......... . Percent Change from prior year :..::$4;~~[ $16,629.44 )$.4.;~~ $4.38 ..... ................. ........................ ....................... ........................ ....................... ........................ ....................... ........................ ....................... ........................ ....................... $4.23 ijAt~v.jl.!~ljJ~ not available (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance+Costs from monies previously collected + Amortized Costs (4) CPI Change for FY 2005/2006 = 3.65% s: /' \ ;i~ CITY OF CHULA VISTA OSD 20 (Rancho del Rey Zone 3) 2005/06 Fiscal Year District Cost Summary Description 2005/06 Amount 2004/05 Amount 2003/2004 Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contract Services Landscape Supplies Materials to maintain structures, grounds Backflow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost $0.00 409.00 0.00 7,799.00 400.00 5,454.00 15,170.00 2,260.00 2,000.00 0.00 800.00 2,250.00 0.00 0.00 281.00 0.00 0.00 $36,823.00 $0.00 409.00 0.00 7,799.00 400.00 5,170.00 12,642.00 2,260.00 2,000.00 0.00 800.00 40.00 0.00 0.00 321.00 0.00 0.00 $31,841.00 $0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $0.00 Reserve Requirement (1) $29,458.40 $25,472.80 $24,523.38 Reserve Percent 80% 80% 0% Special Reserve 0.00 0.00 0.00 Fund Balance (2) 29.577.54 26.520.40 0.00 Net Assessment (3) $36,703.86 $30,793.40 not available Equivalent Dwelling Units (EDU's) 6,147.49 6,147.49 6,190.09 Collectible/EDU $5.97 $5.01 $4.23 Percent change from prior year 19% 18% not available (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance+Costs from monies previously collected + Amortized Costs (4) CPI Change for FY 2005/2006 = 3.65% 5=-f/3 CITY OF CHULA VISTA OSD 20 (Rancho del Rey Zone 4) 2005/06 Fiscal Year District Cost Summary Description 2005/06 Amount 2004/05 Amount 2003/2004 Personnel Services $0.00 $0.00 $0.00 Utility Charges 409.00 409.00 0.00 Trash Collection & Disposal Fees 280.00 280.00 0.00 Water Charges 23,074.00 23,074.00 0.00 Services to maintain structures, grounds 1,769.00 1,769.00 0.00 City Staff Services 13,596.00 12,887.00 0.00 Contract Services 28,141.56 29,684.00 0.00 Landscape Supplies 860.00 860.00 0.00 Materials to maintain structures, grounds 1,000.00 1,000.00 0.00 Backflow Certification 0.00 0.00 0.00 Professional Services 2,300.00 2,300.00 0.00 Supplementals 138.00 120.00 0.00 Other Commodities 0.00 0.00 0.00 Advertising 0.00 0.00 0.00 Transfer: Corporate Yard Debt Services 660.00 723.00 0.00 Storm Maintenance 0.00 0.00 0.00 Special Maintenance Fund 4.002.00 4.002.00 0.00 Estimated Maintenance Cost $76,229.56 $77,108.00 $0.00 Reserve Requirement (1) $37,558.33 $37,284.06 $50,582.16 Reserve Percent 52% 51% 0% Special Reserve 60,030.00 56,028.00 0.00 Fund Balance (2) 113.395.24 113,092.31 0.00 Net Assessment (3) $60,422.65 $57,327.75 not available Equivalent Dwelling Units (EDU's) 2,602.50 2,602.50 2,645.10 Collectible/EDU $23.22 $22.03 $21.81 Percent change from prior year 5% 1% not available $60,378.00 $23.25 $22.43 -1% 2% not available (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance+Costs from monies previously collected + Amortized Costs (4) CPI Change for FY 2005/2006 = 3.65% ,/ .' ~~./LL ~ - ;' / CITY OF CHULA VISTA OSD 20 (Rancho del Rey Zone 5) 2005/06 Fiscal Year District Cost Summary Description 2005/06 Amount 2004/05 Amount 2003/2004 Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contract Services Landscape Supplies Materials to maintain structures, grounds Backflow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost $0.00 3,314.00 3,360.00 209,218.00 11,602.00 108,466.00 214,148.00 7,700.00 7,500.00 0.00 8,900.00 1,833.00 0.00 0.00 5,581.00 0.00 34,617.00 $616,239.00 $0.00 3,314.00 3,360.00 209,218.00 11,602.00 102,811.00 267,119.00 7,700.00 7,500.00 0.00 8,900.00 800.00 0.00 0.00 6,314.00 0.00 34,617.00 $663,255.00 $0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $0.00 Reserve Requirement (1) $566,939.88 $471,478.50 $481,844.28 Reserve Percent 92% 75% 0% Special Reserve 535,295.00 500,678.00 0.00 Fund Balance (2) 1,104.466.40 1,026,251.70 0.00 Net Assessment (3) $614,007.48 $609,159.80 not available Equivalent Dwelling Units (EDU's) 1,795.00 1,795.00 1,795.00 Collectible/EDU $342.07 $339.36 $302.18 Percent change from prior year 1% 12% not available (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance+Costs from monies previously collected + Amortized Costs (4) CPI Change for FY 2005/2006 = 3.65% ,....-- ,/ / .- L. _.~ <'. -.d . r-.,;) CITY OF CHULA VISTA OSD 20 (Rancho del Rey Zone 6) 2005/06 Fiscal Year District Cost Summary Description 2005/06 Amount 2004/05 Amount 2003/2004 Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contract Services Landscape Supplies Materials to maintain structures, grounds Backflow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost $0.00 818.00 2,240.00 29,071.00 9,690.00 19,171.00 42,321.00 1,700.00 1,800.00 0.00 4,000.00 609.00 0.00 0.00 939.00 0.00 0.00 $112,359.00 $0.00 818.00 2,240.00 29,071.00 9,690.00 18,172.00 36,809.00 1,700.00 1,800.00 0.00 4,000.00 240.00 0.00 0.00 1,052.00 0.00 0.00 $105,592.00 $0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $0.00 Reserve Requirement (1) $112,359.00 $87,641.36 $80,280.22 Reserve Percent 100% 83% 0% Special Reserve 0.00 0.00 0.00 Fund Balance (2) 121.278.84 86.818.65 0.00 Net Assessment (3) $103,439.16 $106,414.71 not available Equivalent Dwelling Units (EDU's) 573.20 573.20 573.20 Collectible/EDU $180.46 $185.65 $146.93 Percent change from prior year -3% 26% not available (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance+Costs from monies previously collected + Amortized Costs (4) CPI Change for FY 2005/2006 = 3.65% ~~r.o CITY OF CHULA VISTA OSD 20 (Rancho del Rey Zone 7) 2005/06 Fiscal Year District Cost Summary Description 2005/06 Amount 2004/05 Amount 2003/2004 Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contract Services Landscape Supplies Materials to maintain structures, grounds Backflow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost $0.00 1,159.00 2,240.00 80,760.00 16,550.00 43,753.00 100,000.00 3,750.00 3,150.00 0.00 5,600.00 1,590.00 0.00 0.00 2,267.00 0.00 0.00 $260,819.00 Collectible/EDU Percent change from prior year $166.79 5% $0.00 $0.00 1,159.00 0.00 2,240.00 0.00 80,760.00 0.00 16,550.00 0.00 41,472.00 0.00 91,664.00 0.00 3,750.00 0.00 3,150.00 0.00 0.00 0.00 5,600.00 0.00 800.00 0.00 0.00 0.00 0.00 0.00 2,500.00 0.00 0.00 0.00 0.00 0.00 $249,645.00 $0.00 $124,822.50 $172,403.62 50% 0% 0.00 0.00 187.284.95 0.00 $187,182.55 not available 1,176.79 1,176.79 $159.06 $155.35 2% not available Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) $93,894.84 36% 0.00 158.431.99 $196,281.85 Equivalent Dwelling Units (EDU's) 1,176.79 (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance+Costs from monies previously collected + Amortized Costs (4) CPI Change for FY 2005/2006 = 3.65% .$= //7 CITY OF CHULA VISTA OSD 20 (Rancho del Rey Zone 8) 2005/06 Fiscal Year District Cost Summary Description 2005/06 Amount 2004/05 Amount 2003/2004 Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contract Services Landscape Supplies Materials to maintain structures, grounds Backflow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost $0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 101.00 0.00 0.00 0.00 4.431.85 $4,532.85 Equivalent Dwelling Units (EDU's) 118.82 $0.00 $0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4.431.85 0.00 $4,431.85 $0.00 $0.00 $0.00 50% 0% 13,403.70 0.00 14.042.95 0.00 $3,792.60 not available 118.82 120.47 $31.92 $35.44 -10% not available Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) $75.75 75% 17,835.55 17.985.49 $4,458.66 Collectible/EDU Percent change from prior year $37.52 18% (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance+Costs from monies previously collected + Amortized Costs (4) CPI Change for FY 2005/2006 = 3.65% [-- , /)" ~ --t"r(" , _. Oiscription 2005101; Amount 2004105 Amount .2003.12004 CITY OF CHULA VISTA OSD 20 (Rancho del Rey Zone 9) 2005/06 Fiscal Year District Cost Summary Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contract Services Landscape Supplies Materials to maintain structures, grounds Backflow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost $0.00 0.00 0.00 0.00 0.00 301.00 1,435.00 0.00 0.00 0.00 0.00 245.00 0.00 0.00 42.00 3,000.00 300.00 $5,323.00 $0.00 0.00 0.00 0.00 0.00 285.00 1,435.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 18.00 3,000.00 300.00 $5,038.00 $0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $0.00 Reserve Requirement (1) $1,658.86 $869.00 $1,147.62 Reserve Percent 82% 50% 0% Special Reserve 692.00 392.00 0.00 Fund Balance (2) 6.103.64 4.763.29 0.00 Net Assessment (3) $1,570.22 $1,535.71 not available Equivalent Dwelling Units (EDU's) 52.46 52.46 52.46 Collectible/EDU $29.93 $29.27 $22.57 Percent change from prior year 2% 30% not available QQUl4;QDBte.P~v.'O:$.jm9ijb.t($~Q~QQm Revenue from even dollar payment $1,573.80 A$$e.$$MeNT~~MI Assessment with CPI (4) qg~)q: .... .. Percent change from prior year 2"~Q~t $1,521.00 H$~~~3.1 $30.45 . .qq. qqq.. q.............. q qqq.$.3.a. ssq ...............?.......................... . . .. . ... ................ ..................... . "' ......................................... . . .. . ... ......................................... . .. ;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:::;:;:::;:;:::::::::::::::::::::::;:;:;:;:;:;....;...-:....:.;....:....::;:; 2% ........................................'%3.00.. ......................................... . ... .. ........................................ . .. ......................................... . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . ........................................ .... ........................................ .. ;.:.>;.:.;.:-:.:.;.:.;.:.:.:.;.:.;.:.:.:.:.:.:.:.;.:-:.;.;.;.:.;.;.;.:.:.;.:.:.:............4:....:....:.:. $1,206.00 ::'JI~I~ $29.38 :ri9til.VjU~QJi not available (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance+Costs from monies previously collected + Amortized Costs (4) CPI Change for FY 2005/2006 = 3.65% (5) BudgetlEDU does not include expenditures from Special Reserve Fund in the amount of $3,000 M ~~.I -d - ". / , CITY OF CHULA VISTA OSD 23 (Otay Rio Business Park) 2005/06 Fiscal Year District Cost Summary Oesc.ripUoo 2005/06 Amount 20041.05 Amount 2003/2004 Personnel Services $0.00 $0.00 $0.00 Utility Charges 936.00 936.00 920.00 Trash Collection & Disposal Fees 560.00 560.00 560.00 Water Charges 9,669.00 9,669.00 9,342.00 Services to maintain structures, grounds 440.00 440.00 440.00 City Staff Services 9,191.00 8,712.00 7,174.00 Contract Services 9,829.96 19,036.00 19,036.00 Landscape Supplies 660.00 660.00 660.00 Materials to maintain structures, grounds 900.00 900.00 900.00 Backflow Certification 0.00 0.00 0.00 Professional Services 6,930.00 6,930.00 6,930.00 Supplementals 870.00 120.00 120.00 Other Commodities 0.00 0.00 0.00 Advertising 0.00 0.00 0.00 Transfer: Corporate Yard Debt Services 433.00 479.00 476.00 Storm Maintenance 0.00 0.00 0.00 Special Maintenance Fund 0.00 0.00 0.00 Estimated Maintenance Cost $40,418.96 $48,442.00 $46,558.00 Reserve Requirement (1) $32,335.17 $18,892.38 $46,558.00 Reserve Percent 80% 39% 100% Special Reserve 0.00 0.00 0.00 Fund Balance (2) 28.253.09 22.481.00 54.132.00 Net Assessment (3) $44,501.04 $44,853.38 $38,984.00 Equivalent Dwelling Units (EDU's) 90.06 90.06 90.06 Collectible/EDU $494.13 $498.04 $432.87 Percent change from prior year -1% 15% 3% QQ!;;w.gqmu:n:;:SH~v'o$..p'qijl)))<<>$4$4M:J.qf. . Revenue from even dollar payment $44,489.64 A$$.e$.$Me.NT/$$.14i$4U Assessment with CPI (4) $qdii:Ie.QQ::$~.$AO) Percent change from prior year -17% $4$$.;(U) .. . ....................................... $44,670.00 .......................... ......'.4..96..71... ................................. .... ................................ .. .. ... ................................. ... '" ................................ . ....... ............................... . ....', >>"-:-:-:-:-:-:-:-:.>>>:-:-:-:-:::::::::::::::;:::;:::::::;. ,':': ,',. ,',. .:~:. ::::. .::::: .. $514.84 .............:$$aZ\f.' .. . 4% ::m:::t:$4a~:;qq $38,996.00 :\:::::$II~;Q%': $496.71 :::\d:$$1~;;$7\ 19% (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance (4) CPI Change for FY 2005/2006 = 3.65% s-: ~!J CITY OF CHULA VISTA OSD 24 (Canyon View Homes) 2005/06 Fiscal Year District Cost Summary Oescripti<m 2005tUS AmQunt 2004105 Amount 2003/2004 Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contract Services Landscape Supplies Materials to maintain structures, grounds Backflow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost $0.00 136.00 280.00 8,742.00 610.00 4,511.00 5,995.68 400.00 1,530.00 0.00 400.00 830.00 0.00 0.00 229.00 0.00 0.00 $23,663.68 Equivalent Dwelling Units (EDU's) 40.00 $0.00 $0.00 136.00 134.00 280.00 280.00 8,742.00 8,446.00 610.00 610.00 4,276.00 3,513.00 7,644.00 7,644.00 400.00 400.00 1,530.00 1,530.00 0.00 0.00 400.00 400.00 80.00 80.00 0.00 0.00 0.00 0.00 235.00 233.00 0.00 0.00 0.00 0.00 $24,333.00 $23,270.00 $16,059.78 $15,358.20 66% 66% 0.00 0.00 17.909.00 19.234.00 $22,483.78 $19,394.20 40.00 40.00 $562.09 $484.86 16% 1% Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) $23,663.68 100% 0.00 24.757.95 $22,569.41 Collectible/EDU Percent change from prior year $564.24 0% ~QQ'PIQmIILgl~~t~~iyj~b1~~$~1~.qijij*)::: :frrffff:UHHUU\?1rrrrII14~PP::: Revenue from even dollar payment $22,560.00 A$SeS$MeNm:HI14Qalt Assessment with CPI (4) S.q~g~#E:I:)Q$~Q1;~$ Percent change from prior year -3% $~$~;IQ $22,480.00 ................... .................. '$'6'1'7 '55' ...................................... .. ..... ...................................... ... . ....................................... ... .. ...................................... .... . ...................................... .. ... ... :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::;:;:::::::::::::;....:....::..:..:::!I:........;:: $640.09 '~P';~~ 5% :.\"'$.\PP. $19,400.00 :.....IIQ4tal $617.55 :::$~'1/1~ 0% (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance (4) CPI Change for FY 2005/2006 = 3.65% .s= SI ' CITY OF CHULA VISTA OSD 26 (Park Bonita) 2005/06 Fiscal Year District Cost Summary Oesc.riptl:o.n 20051U6 AmQunt 2004105 Affinum 2003/2004 Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contract Services Landscape Supplies Materials to maintain structures, grounds Backflow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost $0.00 133.00 0.00 1,826.00 600.00 1,715.00 2,220.00 200.00 170.00 0.00 400.00 790.00 0.00 0.00 69.00 0.00 0.00 $8,123.00 $0.00 133.00 0.00 1,826.00 600.00 1,626.00 2,376.00 200.00 170.00 0.00 400.00 40.00 0.00 0.00 70.00 0.00 0.00 $7,441.00 $0.00 131 .00 0.00 1,764.00 600.00 1,047.00 2,376.00 200.00 170.00 0.00 400.00 40.00 0.00 0.00 70.00 0.00 0.00 $6,798.00 Reserve Requirement (1) $8,123.00 $7,068.95 Reserve Percent 100% 95% Special Reserve 0.00 0.00 Fund Balance (2) 10.862.57 7.847.00 Net Assessment (3) $5,383.43 $6,662.95 Equivalent Dwelling Units (EDU's) 19.00 19.00 Collectible/EDU $283.34 $350.68 Percent change from prior year -19% 2% $6,798.00 100% 0.00 7.077.00 $6,519.00 19.00 $343.11 -5% QQW.C.gQ$IS.c.e.;;ijvjm$..pqijo$.~$~;~Q Revenue from even dollar payment $5,377.00 A$.$.S$.$.MSNmr:::$$Q2\$7 Assessment with CPI (4) ~SgIAiliQ:Y:::::::: :::::::::::::::::::::::::::::::::::::[:::[:[:[:[:[:~:[:[:[:~:;:[j[~ij~:[:~j:i)j!i)j!j)j!j)j:j]j]:[:::[j::[:[l[l:lil[::::::] [l[l[l[l[i]i[l[f[i]i[i!f]i!i]i!i]i!i]i:i[i[i[i[i[i[i[f[:[:[:[:[:[:[:[:[:[:[$4aT~I~j[j[ [[jt Percent change from prior year 9% $.1$f;~O $6,669.00 $i~Jm;~'( $502.37 $.~$1;~~:: 9% ~I~;~Q $6,517.00 ................................ '$4.71.2S.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . {:}} = \. .....i:.t.....i $484.68 \$.1$7/Z'= 0% (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance (4) CPI Change for FY 2005/2006 = 3.65% s-.s-2- CITY OF CHULA VISTA OSD 31 (Telegraph Canyon Estates) 2005/06 Fiscal Year District Cost Summary Oesc.ripti~n 2005106 Am~ont 2Q04lOS Afunum 20:03/2004 Personnel Services $0.00 $0.00 $0.00 Utility Charges 714.00 714.00 702.00 Trash Collection & Disposal Fees 1,960.00 1,960.00 1,960.00 Water Charges 38,851.00 38,851.00 37,537.00 Services to maintain structures, grounds 4,800.00 4,800.00 4,800.00 City Staff Services 21,661.00 20,532.00 18,169.00 Contract Services 28,024.80 40,199.00 40,199.00 Landscape Supplies 2,092.00 2,092.00 2,092.00 Materials to maintain structures, grounds 3,070.00 3,070.00 3,070.00 Backflow Certification 0.00 0.00 0.00 Professional Services 8,100.00 8,100.00 8,100.00 Supplementals 830.00 80.00 80.00 Other Commodities 0.00 0.00 0.00 Advertising 0.00 0.00 0.00 Transfer: Corporate Yard Debt Services 1,107.00 1,214.00 1,206.00 Storm Maintenance 0.00 0.00 0.00 Special Maintenance Fund 0.00 0.00 0.00 Estimated Maintenance Cost $111,209.80 $121,612.00 $117,915.00 Reserve Requirement (1) $111,209.80 $99,721.84 $86,077.95 Reserve Percent 100% 82% 73% Special Reserve 0.00 0.00 0.00 Fund Balance (2) 129.377.28 100.145.00 79.127.00 Net Assessment (3) $93,042.32 $121,188.84 $124,865.95 Equivalent Dwelling Units (EDU's) 344.00 345.00 345.00 Collectible/EDU $270.47 $351.27 $361.93 Percent change from prior year -23% -3% 0% :gg~eiQIJICg:+)~vi~r(~I~~.piijti~)HH>:: ........ >>>>>>?()tfrrrrrrrrIIZQVQQ!i!i Revenue from even dollar payment $92,880.00 ASSe.SSMe.NJr$$.1$i$$.) Assessment with CPI (4) $q'g~#eOU ..)$lg;$;;~$U Percent change from prior year -8% .?)).............$1$1;QOU ... $121,095.00 $.$.QOJ$.~[ $518.95 $a$.a;~Q 3% ::))...~$a6.t(o(t ............................... $124,890.00 .~??$I$I;$O $500.68 ............................ $..... ........ ...?...~11ill 1% (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance (4) CPI Change for FY 2005/2006 = 3.65% - ".-- 7 L, _ '-j ....:;, c:;::/ '=""" ,--.~ CITY OF CHULA VISTA OSD 33 (Broadway Businesss Home Village) 2005/06 Fiscal Year District Cost Summary Descriptinn iOOS/DS Amnunt :2004105 Amount 20031:2004 Personnel Services Utility Charges $ Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contract Services Landscape Supplies Materials to maintain structures, grounds Backflow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost $ Collectible/EDU Percent change from prior year $ $ $ 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $ $ $ $ 0.00 0.00 $ $ $ $ 36.00 36.00 $ $ 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Reserve Requirement (1) $ Reserve Percent Additional Reserve Fund Balance (2) $ Net Assessment (3) $ 0.00 Equivalent Dwelling Units (EDU's) 36.00 collleae.TlseeWiVirl$jiiiri&Urit< .................................................................................. Revenue from even dollar payment ASSeSSmENT) ........................................ . Assessment with CPI (4) $.ij~g~Ie.QQ.U?/....>i................ . Percent change from prior year (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated Fund Balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance (4) CPI Change for FY 2005/2006 = 3.65% ,. .::::;- '::--LL ~-t'-; I CITY OF CHULA VISTA OSD Bay Boulevard 2005/06 Fiscal Year District Cost Summary Oesc.ripUon 2006/06 Affi:o.unt 20041.05 Amount 2003/2004 Personnel Services $0.00 $0.00 Utility Charges 1,092.00 1,092.00 Trash Collection & Disposal Fees 475.00 475.00 Water Charges 3,221.00 3,221.00 Services to maintain structures, grounds 600.00 600.00 City Staff Services 5,921.00 5,612.00 Contract Services 0.00 0.00 Landscape Supplies 850.00 850.00 Materials to maintain structures, grounds 230.00 230.00 Backflow Certification 0.00 0.00 Professional Services 0.00 0.00 Supplementals 830.00 80.00 Other Commodities 0.00 0.00 Advertising 180.00 180.00 Transfer: Corporate Yard Debt Services 111.00 81.00 Storm Maintenance 0.00 0.00 Special Maintenance Fund 0.00 0.00 Estimated Maintenance Cost $13,510.00 $12,421.00 Reserve Requirement (1) $6,755.00 $10,930.48 Reserve Percent 50% 88% Special Reserve 0.00 0.00 Fund Balance (2) 4.775.05 17.539.00 Net Assessment (3) $15,489.95 $5,812.48 Equivalent Dwelling Units (EDU's) (4) 6.39 6.39 Collectible/EDU $2,424.09 $909.62 Percent change from prior year 166% 4% QP\;;;C~~1tU~Ce;;ivih$.~Umti$~~41"H~~t Revenue from even dollar payment $17,240.00 A$$e$$Mf;rilTi?$~Hfl1;$G Assessment with CPI (4) $qd~lepQ.iU::I~a14;~;4: Percent change from prior year 9% :$9Q$l;nu. .......................................................... $5,802.00 .:$J.~I$l;;IQ:: $2,971.96 ...$1M~434$1: 9% (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance (4) Equivalent Dwelling Units for the Bay Boulevard District are calculated at 1 EDU per acre (5) CPI Change for FY 2005/2006 = 3.65% ..c.--:-,,~ t;;;:;P' d ..,; $0.00 1,073.00 475.00 3,112.00 600.00 4,755.00 0.00 850.00 230.00 0.00 0.00 80.00 0.00 180.00 81.00 0.00 0.00 $11,436.00 $5,946.72 52% 0.00 11.769.00 $5,613.72 6.39 $878.52 0% ..................... . . .... .......$.................... ...................................... . .. ... ...................................... .... ...................................... .... .. ...................................... .. . .. ::::::::::::::::::::::::::::::::::::::::::::::::::::}}}::::::::::,....ll~iQ~t: $5,617.00 $~~IQ$U~I $2,867.30 ................................ :il" ........ :::::::~drll~m~l -28% CITY OF CHULA VISTA OSD Town Centre 2005/06 Fiscal Year District Cost Summary Oesc ri pti:on 2006106 Am:ou Ilt 20.04i05 Afu:ou rtt 200. 3/200.4 Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contract Services Landscape Supplies Materials to maintain structures, grounds Backflow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost $0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $0.00 Collectible/EDU Percent change from prior year $0.00 0% $0.00 $0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $0.00 $0.00 $0.00 $0.00 0% 0% 0.00 0.00 0.00 0.00 $0.00 $0.00 512,612.00 512,612.00 $0.00 $0.00 0% 0% Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) $0.00 0% 0.00 0.00 $0.00 Equivalent Dwelling Units (EDU's) 512,612.00 Qglf~gtmu:n:;iBivi6.:$.jiijp.~hU(: Revenue from even dollar payment ASSSSSMeNT(...................... Assessment with CPI (4) $qdg~t!e.Qg).'.:................. . Percent change from prior year $.P~OI. $0.00 :r:$.n;n~[ ........................................................... $0.00 :U$O;1Q $0.11 ::/::(U:/$.P;OI. $0.00 U:::$!'MCt $0.10 (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance (4) CPI Change for FY 2005/2006 = 3.65% c:-:.Li d ~ --C.o ATTACHMENT 3 Rancho del Rey Open Space District No. 20 Amortized Costs Amt Accumulated Amt to be spent FY 05-06 Zone Description FY: 90-91 through 04-05 FY 05-06 Amount Work description 1 Desilting Basin $134,818.00 $134,818.00 $0.00 Desilting basin maintenance (every 5 years) at $26,320/yr at East H Street $40,200.00 $10,000.00 Stabilization structures maintenance (every 5 years) at $6,700/yr $3,649.00 Miscellaneous 2 Rice Canyon $0.00 $0.00 Staging Area - A.C. overlay and stripe (every 5 years) at $813/yr Trail area $1,041.00 Staging area replacement (30 year period) at $2281yr 3 East H Street $0.00 $0.00 None 4 SPA 1 Phase 1 $60,030.00 $4,002.00 Monumentation replacement (30 year period) at $4,OO2lyr (Business Center) 5 SPA 1 Phases 2-6 $535,295.00 $34,617.00 Theme wall and monument replacement (30 year) at $34,6171yr 6 SPA 2 $0.00 $0.00 7 SPA 3 $0.00 $0.00 8 Desilting Basin $17,835.55 $4,431.00 Access Road/gabion structure not yet accepted by City at Glen Abbey $4,431/yr amortized cost per FY 03104 report 9 Telegraph Cyn $3,692.00 $300.00 $300/yr amortized cost Channel (SPA 3 area) Subtotal $796,560.55 $144,818.00 $43,350.00 TOTAL Remaining in account after FY 05/06 $695,093 Notes: 1. Zone 1 - $26,320 (5 yrs) & $6,700 (5 yrs) for desilting basin & stabilization structures not collected beyond 5 yrs per State code; Zone 2 - $813 (5 yrs) for AC not collected. 2. SPA 2 & 3, Zones 6 & 7 - Amortized cost for walls not determined. Need to determine this during FY 05/06 3. Zones 6 & 7 - Theme walVmonumentation to be added. 4. Zone 8 - New gabion structure and access road are to be periodically maintained. Reserves are to be accumulated prior to anticipated acceptance in FY 200312004 or later. Cannot collect beyond 5 years for maintenance per State code 5. Begin collecting for Zone 1 amortized costs for desilt basin and stabilization structures again beginning FY 05/06 6. Amount in reserve at end of FY 04/05 = $796,560 - - - - - - - - - - - - - - --- - -- - - --- - - -- -- - - - - - - - - - - - -- - -- '-. /-/"7 d-':;;;'/ DRAFT RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 2005/06 SPREAD OF ASSESSMENTS FOR OPEN SPACE DISTRICTS 2 THROUGH 10, 15, 17, 18,20, 23, 24, 26, 31 AND 33, BAY BOULEVARD AND TOWN CENTRE MAINTENANCE DISTRICTS; DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THESE ASSESSMENTS WHEREAS, pursuant to Article 4, Chapter 1, part 2 of Division 15 of the California Streets and Highways Code, also known as "Landscaping and Lighting Act of 1972" and Chula Vista Municipal Code Chapter 17.07, NBS Government Finance Group, DBA NBS has prepared and filed the annual reports for all existing Open Space Maintenance Districts in the City; and WHEREAS, these reports were prepared by NBS and is presented to the Council for approval in order to proceed with the public hearings set for July 19, 2005, in accordance with the Landscaping and Lighting Act of 1972. The report covers Open Space Districts 2 through 10, 15, 17, 18, 20, 23, 24, 26, 31 and 33, Bay Boulevard and Town Centre Maintenance Districts; and WHEREAS, the proposed assessment for Fiscal Year 2005/06 is as follows: ~--sP DRAFT Open Space District Proposed or Zone FY 03/04 FY 05/06 (1) Decrease $ FY 04105 FY 04105 FY 05/06 Revenue 2 $ 46.95 $ 47.98 $ 49.73 $ 47.00 $ 49.00 $ 2.00 4% $ 12,201.00 3 $ 321.38 1$ 328.45 $ 340.44 $ 328.00 I $ 340.00 I $ 12.00 I 4% $ 43,180.00 4 $ 339.46 I $ 346.93 $ 359.59 $ 328.00 I $ 356.00 I $ 28.00 I 9% $ 74,760.00 5 $ 331.02 1$ 338.30 $ 350.65 $ 289.00 I $ 290.00 I $ 1.00 I 1% $ 35,380.00 6 $ 163.69 1$ 167.29 $ 173.40 $ 96.00 I $ 113.00 I $ 17.00 I 19% $ 18,306.00 7 $ 114.35 1$ 116.87 $ 121.14 $ 116.00 I $ 120.00 1$ 4.00 I 3% $ 12,480.00 8 $ 522.39 I $ 533.88 $ 553.37 $ 455.00 I $ 509.00 I $ 54.00 I 12% $ 55,990.00 9 $ 148.05 1$ 151.31 $ 156.83 $ 151.00 1$ 155.00 1$ 4.00 I 2% $ 59,520.00 10 $ 99.91 I $ 102.11 $ 105.83 $ 102.00 1$ 105.00 $ 3.00 3% $ 69,128.85 15 $ 311.80 $ 318.66 $ 330.29 $ 320.00 1$ 262.00 $ (58.00) -18% $ 14,934.00 17 $ 149.25 $ 152.53 $ 158.10 $ 96.00 1$ 102.00 $ 6.00 7% $ 4,692.00 18 $ 352.69 $ 360.45 $ 373.61 $ 305.00 1$ 253.00 $ (52.00) -17% $ 110,055.00 20 I Zone 1 - Desilting Basin $ 54.51 $ 55.71 $ 57.74 $ 6.00 1$ 34.00 $ 28.00 452% $ 29,990.72 Zone 2 - Rice Canyon $ 4.14 $ 4.23 $ 4.38 $ 4.20 1$ 4.38 $ 0.18 4% $ 17,342.08 Zone 3 - H Street $ 5.90 $ 6.03 $ 6.25 $ 5.00 1$ 6.00 $ 0.18 19% $ 36,884.94 Zone 4 - Business Center $ 21.95 $ 22.43 $ 23.25 $ 22.00 1$ 23.20 $ 1.20 5% $ 60,378.00 Zone 5 - SPA I $ 331 .18 $ 338.47 $ 350.82 $ 338.00 1$ 342.00 $ 4.00 1% $ 613,890.00 Zone 6 - SPA II $ 254.47 $ 260.07 $ 269.56 $ 186.00 1$ 180.00 $ (6.00) -3% $ 103,176.00 Zone 7 - SPA III $ 157.08 $ 160.54 $ 166.40 $ 160.00 1$ 166.00 $ 6.00 5% $ 195,347.14 Zone 8 - N Desilting Basin $ 36.21 $ 37.01 $ 38.36 $ 32.00 I $ 37.50 $ 5.50 18% $ 4,455.75 Zone 9 - Tel Cyn Channel $ 28.75 $ 29.38 $ 30.45 $ 29.00 1$ 30.00 $ 1.00 2% $ 1,573.80 22 $ 486.02 $ 496.71 $ 514.84 $ 496.00 I $ 494.00 $ (2.00) -1% $ 44,489.64 24 $ 604.26 $ 617.55 $ 640.09 $ 562.00 I $ 564.00 $ 2.00 0% $ 22,560.00 26 $ 474.25 $ 484.68 $ 502.37 $ 351.00 1$ 283.00 $ (68.00) I -19% $ 5,377.00 31 $ 489.90 $ 500.68 $ 518.95 $ 351.00 1$ 270.00 $ (81.00) I -23% $ 92,880.00 33 $1,210.731 $1,237.361 $1,282.52 $ - 1$ - $ - I 0% $ Bay Boulevard (2) $ 2,805.58 1$2,867.30 1$2,971.96 $ 908.00 I $ 2,424.00 $1,516.00 I 166% $ 15,489.36 Town Centre (3) $ 0.10 $ 0.10 $ 0.11 $ - $ - $ 0% $ Total $1,754,461.2 (1) Assessment may be set at or below this amount without being subject to a vote and majority protest. (2) Bay Boulevard rates are based on acres. (3) Town Centre rates based on parcel square footage since FY 2001/2002. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Engineer's report to declare its intention to levy and collect assessments for the Fiscal Year 2005/06 for the spread of assessments for City Open Space Maintenance Districts 2 through 10, 15, 17, 18,20,23,24,26,31 and 33, Bay Boulevard and Town Centre Maintenance Districts, a copy of which is on file in the office of the City Clerk. S--~7 DRAFT BE IT FURTHER RESOLVED that the City Council does hereby set July 19, 2005 at 6:00 p.m. in the City Council Chambers, City of Chula Vista, 276 Fourth Avenue, Chula Vista, California as the date and time for the public hearing on said assessment. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to publish said assessment pursuant to Government Code Section 6061. Presented by Approved as to form by Sohaib AI-Agha City Engineer Do ~_?, l-f& Ann Moore City Attorney ~. r; () COUNCIL AGENDA STATEMENT Item L Meeting Date 6/21/05 ITEM TITLE: Resolution approving the Engineer's Report for the FY 2005/06 assessment for Open Space District 11; declaring the intention to levy and collect assessments; and setting a public hearing regarding the assessment. SUBMITTED BY: City Engineer*" City Manager 0 (4/5ths Vote: Yes_NoX) REVIEWED BY: This is one of three companion agenda items to the primary Open Space assessments agenda item, which provides all general background information and details regarding the proposed Open Space Districts assessments for FY 2005/06. The present item includes information specific to Open Space District 11. RECOMMENDATION: That Council adopts the resolution, and set a public hearing for July 19, 2005 at 6:00 p.m. BOARD/COMMISSIONS: N/A DISCUSSION: Open Space District 11 is located along East H Street between I-805 and Del Rey Boulevard (Attachment 1). General information about this and most other open space districts is contained in the primary Open Space assessments item, presented on tonight's Council Agenda. Table 1, below, compares the current year's assessment to the proposed assessment for FY 2005/06. Table 1. Historical and Proposed FY 2005/06 Assessment/Collectible (per EDU) Staff recommends for FY 2005/06 that the assessment remain the same as in FY 2004/05, plus an allowable inflation factor of 3.65% (please refer to tonight's primary Open Space agenda item for a discussion ofthe inflation factor), bringing the proposed assessment to $107.10 per EDU. Taking into account the estimated maintenance costs for FY 2005/06, and in order to maintain a reserve at or above the 50% level, staff recommends a collectible of $75.00 per EDU, with a reserve of 100% (Attachment 2). This recommendation represents a reduction of $21.00 per EDU to the collectible rate. Table 2 below outlines the recommended reserve amount for the district, and compares the district's expenditure budget with the maximum assessment for the district. (P-I Page 2, Item 0 Meeting Date 6/21/05 Table 2. Historical and Proposed FY 2005/06 Expenditure Budget/Reserve Budget Because this District was formed as a result of a 100% petition by the landowners and the assessment is not being raised above the allowable inflation factor, as provided for in the Municipal Code, this District is exempt from the provisions of Proposition 218. FISCAL IMPACT: The full cost of providing maintenance services in this district totals $137,685. This entire amount is recovered through the OSD collectible and reserves detailed on the District Cost Summary worksheet (Attachment 2), resulting in no net impact to the General Fund. ATTACHMENTS: 1. District Map 2. Cost Summary ~-L ~i i~ v ~ ft\ t=l ., ~ ~ , ,S /II';W ""t I ~\ ;~ ~l~ ~ J) ..w ... ul- U ... ~~ 1:: III :J ..~:g ul!i$tE ~ f ~~ ~ o ~<i. 'h1'\ ~B x'6 ~Jft'T ~ \-J ~Y:i'~ ~~~~~3~ <9~A~\ .. CIl~A\~6 - l..l ~ ~ ~o 3~~1 ~~ a ~ I , ~~ ~ ~ ~ ~~ -3- '... ~ ~~\\~,-\ ~ fb A\ .\ CI I a:: a. I - - ~~ I- ~ .\ ~ v~ --,. I.-' v- I- - -<< ~ l ~\-;:'"\l\\ \ ~ ~\WI!I) ~~~--><! 0'" "'=S <00 dI ~ ~ ~ l \ A ' - ~ ~8~~ I/'~ur.~- -Iffl~~ ,- J~0}~/!~~'.. ~~~~~YlJ~~ ~ ~ y~fjf~ \ . ~ ... lb ~~ ~ ~Z\e,; ~ ~ /~JffW'#_,~% ?o.~c-wjl~ . . 'I' - / .,1 IJ. '(l <Ii?: J> 'Ii! YW '"\ \'ill; 21 \c\ ,l}}' " \~\J--:;c-II' \ \:A '" "..-w ~'M>- =x\~ .~~'~ L..-- ~\----L -\~\\ \ ~~ ~/-= 1 IT'" II \I :\ (lli ~ \\ -/ -;,/ ~ cs -- .---' \ l- w r ~ - J -1 ~~I:~! ~~ ;I)~~, o~ a - .!! ,.~ \..2 .s ~ - CITY OF CHULA VISTA aSD 11 (Hidden Vista Village) 2005/06 Fiscal Year District Cost Summary Descriptino 20.05/06 Amnunt 2004105 AmOll ht 2003/2004 Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contract Services Landscape Supplies Materials to maintain structures, grounds Backflow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost $0.00 687.00 4,480.00 37,216.00 9,400.00 23,882.00 48,149.33 711.00 3,440.00 0.00 6,800.00 1,690.00 0.00 0.00 1,230.00 0.00 0.00 $137,685.33 Collectible/EDU Percent change from prior year $75.69 -21% $0.00 $0.00 687.00 675.00 4,480.00 4,480.00 37,216.00 35,957.00 9,400.00 9,400.00 22,637.00 20,127.00 47,257.00 47,257.00 711.00 711.00 3,440.00 3,440.00 0.00 0.00 6,800.00 6,800.00 440.00 440.00 0.00 0.00 0.00 0.00 1,345.00 1,336.00 0.00 0.00 0.00 0.00 $134,413.00 $130,623.00 $127,692.35 $96,661.02 95% 74% 0.00 0.00 135.560.00 94.720.00 $126,545.35 $132,564.02 1,321.03 1,321.03 $95.79 $100.35 -5% 1% Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) $137,685.33 100% 0.00 175.386.83 $99,983.83 Equivalent Dwelling Units (EDU's) 1,321.04 ~QQijCilmJSJJe~:~t~~iiiltJJ.)ijnijgbtrrtrt ...... ~rrrrrrrft)::H::U::H::::H:U:~ti!illl~'P? . Revenue from even dollar payment $99,078.00 ASSeSSMeNT...$101UO Assessment with CPI (4) QUdgiltiP-Q$1Q4;II: Percent change from prior year 2% $~~;pg\: $126,819.00 U:$10a;3J> $107.10 urrtrrrrrtrrr:)}$1:Q~~:~71? 3% :::'I1'-Q\QI $132,103.00 ... .\$101UO $103.32 :::::::$~I;.. 1% (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance (4) CPI Change for FY 2005/2006 = 3.65% 0~L( DRAFT RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 2005/06 SPREAD OF ASSESSMENTS FOR OPEN SPACE DISTRICT 11; DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THESE ASSESSMENTS WHEREAS, pursuant to Article 4, Chapter 1, part 2 of Division 15 of the California Streets and Highways Code, also known as "Landscaping and Lighting Act of 1972" and Chula Vista Municipal Code Chapter 17.07, NBS Government Finance Group, DBA NBS, has prepared and filed the annual report for the existing Open Space Maintenance District in the City; and WHEREAS, the report was prepared by NBS and is presented to the Council for approval in order to proceed with the public hearing set for July 19, 2005, in accordance with the Landscaping and Lighting Act of 1972. The report covers Open Space District 11; and WHEREAS, the proposed assessment for Fiscal Year 2005/06 is as follows: FY 03/04 FY 04/05 $101.10 $103.32 Proposed FY 04/05 FY 05/06 Decrease $ $ 96.00 $ 75.00 $ (21.00) NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Engineer's report to declare its intention to levy and collect assessments for the Fiscal Year 2005/06 for the spread of assessments for City Open Space Maintenance District 11, a copy of which is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council does hereby set July 19, 2005 at 6:00 p.m. in the City Council Chambers, City of Chula Vista, 276 Fourth Avenue, Chula Vista, California as the date and time for the public hearing on said assessment. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to publish said assessment pursuant to Government Code Section 6061. Presented by Approved as to form by Dc-- ( - l~ Sohaib Al-Agha City Engineer Ann Moore City Attorney to -' c::::- J COUNCIL AGENDA STATEMENT Item rJ Meeting Date 6/21/05 ITEM TITLE: Resolution approving the Engineer's Report for the FY 2005/06 assessment for Open Space District 14; declaring the intention to levy and collect assessments; and setting a public hearing regarding the assessment. SUBMITTED BY: City Engineer &< REVIEWED BY: City Manag~ (4/5ths Vote: Yes_NoX) This is one of three companion agenda items to the primary Open Space assessments agenda item, which provides all general background information and details regarding the proposed Open Space Districts assessments for FY 2005/06. The present item includes information specific to Open Space District 14. RECOMMENDATION: That Council adopts the resolution, and set a public hearing for July 19, 2005 at 6:00 p.m. BOARD/COMMISSIONS: N/A DISCUSSION: Open Space District 14 is located along the north and south of Country Vistas Lane (Attachment 1). General information about this and most other open space districts is contained in the primary Open Space assessments item, presented on tonight's Council Agenda. Table 1, below, compares the current year's assessment to the proposed assessment for FY 2005/06. Table 1. Historical and Proposed FY 2005/06 Assessment/Collectible (per EDU) Staff recommends for FY 2005/06 that the assessment remain the same as in FY 2004/05, plus an allowable inflation factor of 3.65% (please refer to tonight's primary Open Space agenda item for a discussion of the inflation factor), bringing the proposed assessment to $344.26 per EDU. Taking into account the estimated maintenance costs for FY 2005/06, and in order to maintain a reserve at or above the 50% level, staff recommends a collectible of $343.00 per EDU, with a reserve of 68% (Attachment 2). The budget for this District will exceed the amount of revenue that can be generated by the proposed assessment. However, due to expenditure savings in FY 04/05 as a result of reduced water usage, there will be sufficient funds to provide the required open space maintenance during FY 2005/06. It is recommended that staff monitor the budget process during the next budget cycle to ensure Council is able to 7-1 Page 2, Item 7 Meeting Date 6/21/05 continue to collect sufficient funds for the proposed maintenance. Once excess funds are no longer available, the budget and/or maintenance services will need to be reduced, or the property owners will have to approve, by ballot, an increase in their assessment to cover the maintenance costs. Table 2 below outlines the recommended reserve amount for the district, and compares the district's expenditure budget with the maximum assessment for the district. Table 2. Historical and Proposed FY 2005/06 Expenditure Budget/Reserve Budget Because this District was formed as a result of a 100% petition by the landowners and the assessment is not being raised above the allowable inflation factor, as provided for in the Municipal Code, this District is exempt from the provisions of Proposition 218. FISCAL IMPACT: The full cost of providing maintenance services in this district totals $300,910. This entire amount is recovered through the OSD collectible and reserves detailed on the District Cost Summary worksheet (Attachment 2), resulting in no net impact to the General Fund. ATTACHMENTS: 1. District Map 2. Cost Summary 7-L :!l ~ ~ c w a:: ~ w " a. CITY OF CHULA VISTA OSD 14 (Bonita Long Canyon) 2005/06 Fiscal Year District Cost Summary Descripti()J1 2005/06 Affl()unt 2004105 Ariiotlm 2003/2004 Personnel Services $0.00 $0.00 $0.00 Utility Charges 2,045.00 2,045.00 2,010.00 Trash Collection & Disposal Fees 5,600.00 5,600.00 5,600.00 Water Charges 100,205.00 100,205.00 96,816.00 Services to maintain structures, grounds 1,400.00 1,400.00 1,400.00 City Staff Services 52,700.00 49,953.00 45,538.00 Contract Services 116,550.96 122,729.00 122,729.00 Landscape Supplies 3,176.00 3,176.00 3,176.00 Materials to maintain structures, grounds 4,000.00 4,000.00 4,000.00 Backflow Certification 0.00 0.00 0.00 Professional Services 10,000.00 10,000.00 10,000.00 Supplementals 2,490.00 1,240.00 1,240.00 Other Commodities 0.00 0.00 0.00 Advertising 0.00 0.00 0.00 Transfer: Corporate Yard Debt Services 2,744.00 3,043.00 3,023.00 Storm Maintenance 0.00 0.00 0.00 Special Maintenance Fund 0.00 0.00 0.00 Estimated Maintenance Cost $300,910.96 $303,391.00 $295,532.00 Reserve Requirement (1) $204,619.45 $201,755.02 $198,006.44 Reserve Percent 68% 67% 67% Special Reserve 0.00 0.00 0.00 Fund Balance (2) 205.674.60 215.195.00 248.304.00 Net Assessment (3) $299,855.81 $289,951.02 $245,234.44 Equivalent Dwelling Units (EDU's) 873.36 873.36 873.36 Collectible/EDU $343.34 $331.99 $280.79 Percent change from prior year 3% 18% 1% QQJ;;U.g9T~~U.f$.Hijvih$mnp9.U~ ....... .:$~'3(" .. Revenue from even dollar payment $267,248.00 ASS:ES:SMENT:/$a44;J.i. Assessment with CPI (4) $.#.~tmlePQm$~4.:4A~1 Percent change from prior year -1 % ?:::$;;~A~q: .... $291,702.00 $.J.'~Jt4) $344.26 $~'!':;~~( 3% :::::::::::::::::::: :$#.$.1(":: $245,414.00 ::'):$atJ;" $332.14 m$~~~)~~ 1% (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance (4) CPI Change for FY 2005/2006 = 3.65% / 7-7 DRAFT RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 2005/06 SPREAD OF ASSESSMENTS FOR OPEN SPACE DISTRICT 14; DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THESE ASSESSMENTS WHEREAS, pursuant to Article 4, Chapter 1, part 2 of Division 15 of the California Streets and Highways Code, also known as "Landscaping and Lighting Act of 1972" and Chula Vista Municipal Code Chapter 17.07, NBS Government Finance Group, DBA NBS, has prepared and filed the annual report for the existing Open Space Maintenance District in the City; and WHEREAS, the report was prepared by NBS and is presented to the Council for approval in order to proceed with the public hearing set for July 19, 2005, in accordance with the Landscaping and Lighting Act of 1972. The report covers Open Space District 14; and WHEREAS, the proposed assessment for Fiscal Year 2005/06 is as follows: FY 03/04 FY 04/05 $324.99 $332.14 FY 04/05 $334.00 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Engineer's report to declare its intention to levy and collect assessments for the Fiscal Year 2005/06 for the spread of assessments for City Open Space Maintenance District 14, a copy of which is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council does hereby set July 19, 2005 at 6:00 p.m. in the City Council Chambers, City of Chula Vista, 276 Fourth Avenue, Chula Vista, California as the date and time for the public hearing on said assessment. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to publish said assessment pursuant to Government Code Section 6061. Presented by Approved as to form by DV-. t. ~~ Sohaib AI-Agha City Engineer Ann Moore City Attorney 7-'5" COUNCIL AGENDA STATEMENT Item 12-. Meeting Date 6/21/05 ITEM TITLE: Resolution approving the Engineer's Reports for the FY 2005/06 Open Space assessment for Eastlake Maintenance District No.1 and Open Space District No.1; declaring the intention to levy and collect assessments; and setting a public hearing regarding the assessments. SUBMITTED BY: City Engineer * City Manager ~ (4/5ths Vote: Yes_NoX) REVIEWED BY: This is one of three companion agenda items to the primary Open Space assessments agenda item, which provides all general background information and detail on the proposed Open Space District assessments for FY 2005/06. The present item includes information specific to Eastlake Maintenance District No 1 and Open Space District No.1. RECOMMENDATION: That Council adopts the resolution, and set a public hearing for July 19,2005 at 6:00 p.m. BOARDS/COMMISSIONS: N/A DISCUSSION: EASTLAKE MAINTENANCE DISTRICT NO. 1 Eastlake Maintenance District No.1 is a large open space district consisting ofEastlake Hills, Shores and Business Center I, Eastlake Greens, the Olympic Training Center, Salt Creek 1, and Telegraph Canyon Channel, which was originally part ofEastlake's projects (see Attachment 1). Because this is a large district of various developments and not all of the items to be maintained have a benefit to the entire district, the district is made up of five (5) zones as indicated in Table 1, below. Note that most open space within Eastlake 1 and Eastlake Greens is privately maintained by homeowners' associations. On the other hand, all of the open space in Salt Creek 1 is maintained by the Open Space District. Staff recommends that the assessments for each zone remain the same as in FY 2004/05, plus an allowable inflation factor of3.65% (please refer to tonight's primary Open Space agenda item for a discussion ofthe inflation factor). The amount to be collected against the assessment (the "collectible") is either equal to or less than the proposed assessment based on budgeted expenditures, the reserve requirement, savings and fund balances, earned interest, and prior years' savings. Table 1 outlines the assessment recommendation and collectible for each of the five zones. Table 2 outlines the recommended reserve amount for the each zone. In addition, for each zone, the table compares the expenditure budgets with the maximum assessment. For FY 05/06, the reserve amount for each zone varies from 33% to 100%. Reserves of this size stabilize the collectible amounts and offset future cost increases. /'" 2 -/ Page 2, Item B Meeting Date 6/21/05 Table 1. Historical and Proposed FY 2005/06 Assessment/Collectible, per EDD Eastlake Maint. District # 1 atay Lakes Rd (1) nfa nfa nfa $ 2.40 $ 2.00 $ (0.40) -17% $ 25,373.40 Zone A - Eastlake I $ 11.22 $ 11.47 $ 11.89 $ 11.00 $ 11.80 $ 0.80 6% $ 103,949.74 Zone B - Eastlake Greens $ 18.341 $ 18.74 J $ 19.42 $ 14.00 1$ 14.60 1 $ 0.601 4% $ 49,309.75 Zone C - aly Training Ctr $ 151.89 1$ 155.23 1$ 160.90 $ 5.001$ 2.001$ (3.00) 1 -60% $ 1,000.00 Zone D - Salt Creek I $ 202.58 1$ 207.04 1$ 214.60 $ 207.00 1 $ 214.00 1$ 7.001 3% $ 90,607.60 $ Zone E - Tel C n Chnl (2) $ 30.60 $ 0% $ 7,545.09 District Total $252,412.18 (1) Zones A - D share in the cost of atay Lakes Road medians and off-site parkways. Collectible and projected revenue for atay Lakes Road are reflected in collectible and projected revenue for Zones A-D. (2) Portions of Eastlake I and Eastlake Greens are in this benefit area Table 2. Historical and Proposed FY 2005/06 Expenditure Budget/Reserve Budget Eastlake Maint. District # 1 atay Lakes Rd (1) n/a $ 28,667.71 n/a 62% 80% 18% Zone A - Eastlake I $ 104,730.73 $ 106,637.29 $ (1,906.56) 77% 85% 8% Zone B - Eastlake Greens $ 65,602.26 1$ 52,948.03 1$ 12,654.23 71% 100% 29% Zone C ~ aly Training Ctr $ 80,447.95 1$ 2,715.83 1$ 77,732.11 63% 70% 7% Zone D - Salt Creek I $ 90,860.35 1$ 108,875.62 1$ (18,015.27) 47% 33% -14% Zone E - Tel C n Chnl (2) $ 12,150.57 $ 8,378.00 $ 3,772.57 66% 72% 6% Tota $ 353,791.86 $ 279,554.78 $ 74,237.08 Avera e $ 70,758.37 $ 55,910.96 $ 14,847.4 64.7% 71.9% 7.2% (1) Zones A - D share in the cost of atay Lakes Road medians and off-site parkways. Collectible and projected revenue for atay Lakes Road are reflected in collectible and projected revenue for Zones A-D. (2) Portions of Eastlake I and Eastlake Greens are in this benefit area /l Y ".J-- Page 3, Item S Meeting Date 6/21/05 Eastlake 1 and Salt Creek 1 The expenditures for Zone A and Zone D will exceed the amount of revenue that can be generated by the proposed assessment. This shortfall is the result of budgeted expenditures increasing at a rate greater than the maximum assessment. The availability of sufficient reserves for Zone A and Zone D will ensure that the City will provide the required maintenance during FY 2005/06. In the instance of Zone A, there were sufficient savings in FY 04/05 from reduced water usage to increase the reserve percentage. This increased reserve will be used to stabilize the collectible, as the budget continues to increase at a rate greater than the allowable maximum assessment. In Zone D, there were not sufficient savings to increase the zone's reserve percentage. As a result, the increased shortfall has produced a decreased reserve percentage. It is recommended that staff moni tor the budget process during the next budget cycle to ensure Council is able to continue to collect sufficient funds for the proposed maintenance. Eventually, budgeted expenditures for maintenance of these zones will need to be reduced, or the property owners will have to approve, by ballot, an increase in their assessment to cover the maintenance costs. The report to Council on this district for Fiscal Year 2004/2005 noted this concern and made the same recommendation. Savings in FY 04/05 have improved the prospects for Zone A in the short term, but the pattern will eventually need to be addressed. Olympic Training Center The current assessment for Zone C of Eastlake Maintenance District No. 1 (Olympic Training Center) is lower than historic assessments. There are two primary reasons for the disparity. The assessment initially included the maintenance of Wueste Road slopes and paths; however, these areas are now maintained privately by the Olympic Training Center as outlined in an agreement with the City (Resolution 18528). In addition, maintenance of an infiltration basin located at Wueste Road and Olympic Parkway, although now included in Zone C, will ultimately be shared between two other benefiting areas (portions of Eastlake Woods and Vistas). Currently, the basin is privately maintained by Eastlake. As a result of these reduced maintenance costs, the zone has sufficient reserves to offset budgeted maintenance costs in the district in the next fiscal year. Staff recommends setting the collectible for Zone C at $2.00 per EDU. This amount will go toward the zone's contribution to the maintenance of Otay Lakes Road only. Should the City accept additional maintenance responsibility for Zone C, the collectible will be adjusted in future years. OPEN SPACE DISTRICT NO. 1 Open Space District 1 is located between East H Street and Telegraph Canyon Road, east of Pas eo Ranchero (Attachment 1). Table 3, below, compares the current year's assessment to the proposed assessment for FY 2005/06. Table 3. Historical and Proposed FY 2005/06 Assessment/Collectible, per EDU OSO 1 EI Rancho del Rey Units 1 - 4 .9,3 Page 4, Item 1L Meeting Date 6/21/05 Staff recommends for FY 2005/06 that the assessment remain the same as in FY 2004/05, plus an allowable inflation factor of 3 .65% (please refer to tonight's primary Open Space agenda item for a discussion ofthe inflation factor), bringing the proposed assessment to $107.21 per EDU. Taking into account the estimated maintenance costs for FY 2005/06, and in order to maintain a reserve at or above the 50% level, staff recommends a collectible of $100.00 per EDU, with a reserve of 85% (Attachment 2). This recommendation represents an increase of $28.00 per EDU to the collectible rate. Table 4 below outlines the recommended reserve amount for the district, and compares the district's expenditure budget with the maximum assessment for the district. Table 4. Historical and Proposed FY 2005/06 Expenditure Budget/Reserve Budget OSD 1 EI Rancho del Rey Units 1 - 4 FISCAL IMPACT: The full cost of providing maintenance services in these districts totals $341,336. This entire amount is recovered through the OSD collectible and reserves detailed on the District Cost Summary worksheets (Attachment 2), resulting in no net impact to the General Fund. Attachments: 1. District Maps 2. Cost Summaries f'~tf ~~~!! ~~ ?JIm 8~ ~ u c: tJ c: ! c: .... i~ ~=II: ~~ ~~ w~~ ~tI~ i= riI ~ - ~}/<\v~ ~~y~~\:?5 \ .--Y~Wy,\-(~~( ~ \~V:X V '("y x~~ I~~ .y, ~~ \./\ '(~ '('y). ~ \ 'V\~ V'Y\~ ~~\' 'y< . I \ ~ ;:?::, 1" a \0-\x\i ~---- ~-' --d,v li?c ,.-,.-l t::- ~-I" \J ;:t tt= ~~ \:::l- T IT 1-1-- ,-J 'Ih m I '=1\ tJ- \=::: ~ A=\ ~ I::~ \- --, U --t:\ ~9 _ >4- _v \:) />. 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CITY OF CHULA VISTA OSD East/ake Maintenance District #1 (Otay Lakes Road) 2005/06 Fiscal Year District Cost Summary Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contract Services Landscape Supplies Materials to maintain structures, grounds Backflow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost $0.00 0.00 0.00 0.00 0.00 0.00 28,667.71 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $28,667.71 Collectible/EDU Percent change from prior year $1.99 -17% $0.00 $0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 35,000.00 35,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $35,000.00 $35,000.00 $21,700.00 $31,500.00 62% 90% 0.00 0.00 26.255.00 42.943.00 $30,445.00 $23,557.00 12,686.70 13,704.50 $2.40 $1.72 40% 49% Reserve Requirement (1) Reserve Percent Additional Reserve Fund Balance (2) Net Assessment (3) $22,934.17 80% 0.00 26.324.60 $25,277.28 Equivalent Dwelling Units (EDU's) 12,686.70 pg4CI$Qmun:;e.Aiyih$iriiqH.~? Revenue from even dollar payment ASSESSMENT>>... ........................................ Assessment with CPI (4) eq~git!e.gg>"""".'.'.....>...".............. . Percent change from prior year nn?::::?:$2A~$ 2% (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance (4) CPI Change for FY 2005/2006 = 3.65% Y'~ 7 CITY OF CHULA VISTA OSD East/ake Maintenance District #1 (Zone A) 2005/06 Fiscal Year District Cost Summary Desc.ription 2006/06 Amount 200410.5 Amount 2003/2004 Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contract Services Landscape Supplies Materials to maintain structures, grounds Backflow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost $0.00 1,637.00 280.00 35,651.00 1,450.00 21,690.00 18,986.21 800.00 750.00 0.00 800.00 3,550.00 0.00 0.00 1,137.00 0.00 0.00 $86,731.21 $0.00 1,637.00 280.00 35,651.00 1,450.00 20,559.00 23,180.00 800.00 750.00 0.00 800.00 360.00 0.00 0.00 1,216.00 0.00 0.00 $86,683.00 $0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $83,076.00 Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) $73,721.53 85% 0.00 74.381.36 $86,071.38 Otay Lakes Rd Collectible I EDU $2.00 $66,745.91 $81,206.00 77% 97% 0.00 0.00 68.249.00 103.337.00 $85,179.91 $60,945.00 9,828.60 9,828.60 $2.40 $1.72 $11.07 $7.92 40% 20% Equivalent Dwelling Units (EDU's) 8,809.30 Collectible/EDU Percent change from prior year $11.77 6% QQWgliQ1;lSCi.Hgyi)j$ijpqijtu Revenue from even dollar payment ASSESSMENT Assessment with CPI (4) ................................ .......................................................... ...................................................... ~Aqg~ttJ;QY((....)).'........'.'.'.""""'" Percent change from prior year $108,114.60 :$.11M47 $11.89 JC$l1~'-I: 2% $77,842.51 :.::$11t~~ $11.47 ::J}.::::rl.At@v.inj~ni. not available (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance (4) CPI Change for FY 2005/2006 = 3.65% , "'1,./ --. C-7 CITY OF CHULA VISTA OSD Eastlake Maintenance District #1 (Zone B) 2005/06 Fiscal Year District Cost Summary Oesc.ripti<m 200StDS Amo.Ullt 2004105 Affioum 2003/2004 Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contract Services Landscape Supplies Materials to maintain structures, grounds Backflow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost $0.00 1,228.00 0.00 16,802.00 400.00 8,150.00 14,105.28 240.00 500.00 0.00 0.00 3,511.00 0.00 0.00 380.00 0.00 0.00 $45,316.28 $0.00 1,228.00 0.00 16,802.00 400.00 7,725.00 14,990.00 240.00 500.00 0.00 0.00 360.00 0.00 0.00 418.00 0.00 0.00 $42,663.00 $0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $40,602.00 Reserve Requirement (1) $45,316.28 $30,290.73 $39,789.96 Reserve Percent 100% 71% 98% Special Reserve 0.00 0.00 0.00 Fund Balance (2) 48.256.32 33.627.00 47.837.96 Net Assessment (3) $42,376.24 $39,326.73 $32,554.00 Equivalent Dwelling Units (EDU's) 3,377.38 3,376.90 3,375.90 Otay Lakes Rd Collectible / EDU $2.00 $2.40 $1.72 Collectible/EDU $14.55 $14.05 $11.36 Percent change from prior year 4% 24% 40% QQJllp.e.Q;rJ$p.eFjvj6.}$;mjP9ijfU$14i;~q Revenue from even dollar payment $49,309.75 A.SSeSSMeNT iniii /)$1$;41. Assessment with CPI (4) $9~Uj~lligQU:$1$;I' Percent change from prior year 2% U$14;QO $47,276.60 ")$.18.\14 $19.42 )'$1$;~' 2% UU:$1:1j~~ $38,350.22 )),:):$1$Ja4 $18.74 i}"$1~;:Q~ 5% (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance (4) CPI Change for FY 2005/2006 = 3.65% f-j CITY OF CHULA VISTA OSD Eastlake Maintenance District #1 (Zone C) 2005/06 Fiscal Year District Cost Summary G.eSCtiption 200610& Amount 2M4105 Amo:unt ~003f2004 Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contract Services Landscape Supplies Materials to maintain structures, grounds Backflow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost $0.00 136.00 0.00 979.00 40.00 266.00 0.00 50.00 100.00 0.00 0.00 1.00 0.00 0.00 14.00 0.00 0.00 $1,586.00 $0.00 136.00 0.00 979.00 40.00 252.00 0.00 50.00 100.00 0.00 0.00 0.00 0.00 0.00 16.00 0.00 0.00 $1,573.00 $0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $1,520.00 $1,489.60 98% 0.00 1.807.00 $1,202.60 Reserve Requirement (1) $1,110.20 $990.99 Reserve Percent 70% 63% Special Reserve 0.00 0.00 Fund Balance (2) 3.276.33 1.265.99 Net Assessment (3) $0.00 $1,298.00 Equivalent Dwelling Units (EDU's) 500.00 500.00 Otay Lakes Rd Collectible / EDU $2.00 $2.40 Collectible/EDU $2.00 $5.00 Percent change from prior year -60% 21% 500.00 $1.72 $4.13 1% Q.Qp.t.eq:Tu:u~eiFiy,ij$'-m9q6t::::$I~QQ? Revenue from even dollar payment $1,000.00 A$f$i~$$:MiNro Uj))Ji]j]jU?UUUU?\:@?rr~ritfffffffff!i!j firrrrtrrr?U?UU?]j]jf]j?~11~IP~~g Assessment with CPI (4) aq4...itleJ::U~)............ . Percent change from prior year '~QP $2,500.00 U:$.111;g~ $160.90 ....................................... ....$1 .9.0" ............................................ . .. . ... ........................................... . .. ............................................ .. "' ........................................... . .", ;:;:::;:;:::::;:;:;:::::::::;:::::::::::;:;:;:;:::::::::;:;:;:;:::;:;:::::::::::;:;:;::.........;.:....:....::;:; 2% f:U::::::$4.~1:1.: $2,060.00 .......... .:::/::"1'-1:~~f! $155.23 .a.Wt 4% (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance (4) CPI Change for FY 2005/2006 = 3.65% p -;/Q CITY OF CHULA VISTA OSD Eastlake Maintenance District #1 (Zone DJ 2005/06 Fiscal Year District Cost Summary Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contract Services Landscape Supplies Materials to maintain structures, grounds Backflow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost $0.00 1,228.00 280.00 41,007.00 1,520.00 19,285.00 26,072.88 0.00 16,100.00 0.00 400.00 1,056.00 0.00 0.00 970.00 0.00 0.00 $107,918.88 Otay Lakes Rd Collectible / EDU $2.00 $0.00 $0.00 1,228.00 0.00 280.00 0.00 41,007.00 0.00 1,520.00 0.00 18,280.00 0.00 27,689.00 0.00 0.00 0.00 16,100.00 0.00 0.00 0.00 400.00 0.00 360.00 0.00 0.00 0.00 0.00 0.00 1,074.00 0.00 0.00 0.00 0.00 0.00 $107,938.00 $104,317.00 $50,191.17 $88,669.45 47% 85% 0.00 0.00 71.365.34 124.888.11 $86,763.83 $68,098.34 423.40 423.40 $2.40 $1.72 $207.32 $162.56 28% not available Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) $35,073.64 32.5% 0.00 53.234.96 $89,757.56 Equivalent Dwelling Units (EDU's) 423.40 Collectible/EDU Percent change from prior year $213.99 3% QQl;;pg9mJl~pe.t~Yihi$.~dn~Q~n:.$.~14;q~t Revenue from even dollar payment $90,607.60 A$$e$$MeNmU)mUUU..$~14;Go.i Assessment with CPI (4) e.Q~nl~tleQI;LmmmiUUUmnn...$~$7;1$ Percent change from prior year 0% nnn$~ll;PI? $87,643.80 UUUUUU))$.lo.li:Q4 $214.60 ......................................$................. U)).~~m~' 2% ....... .::::!;mm::$.1$.J.;'~ $69,438.00 )$~Qa;~Ut $207.04 rmm?rrmmtmimf;ii;ii;;!;fffff!r$~~r~;IQr 4% (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve _ Fund Balance (4) CPI Change for FY 2005/2006 = 3.65% /1 /' I c' -// CITY OF CHULA VISTA OSD Eastlake Maintenance District #1 (Zone E) 2005/06 Fiscal Year District Cost Summary Description 2005/06 Amount 2004/05 Amount 2003/2004 Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contract Services Landscape Supplies Materials to maintain structures, grounds Backflow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost $0.00 0.00 0.00 0.00 0.00 1,271.00 0.00 0.00 0.00 0.00 0.00 962.00 0.00 0.00 65.00 0.00 6.080.00 $8,378.00 $0.00 0.00 0.00 0.00 0.00 1,205.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 75.00 0.00 6.080.00 $7,360.00 $0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $7,275.00 Reserve Requirement (1) $6,032.16 $4,857.60 $4,656.00 Reserve Percent 72% 66% 64% Special Reserve 38,948.00 32,868.00 32,868.00 Fund Balance (2) 45.762.79 37.517.00 43.082.00 Net Assessment (3) $7,595.37 $7,568.60 $1,717.00 Equivalent Dwelling Units (EDU's) 397.11 397.11 386.00 Collectible/EDU $19.13 $19.06 $4.45 Percent change from prior year 0% 328% not available (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve _ Fund Balance (4) CPI Change for FY 2005/2006 = 3.65% .J . /' ---, ...-?-' CITY OF CHULA VISTA OSD 1 (EI Rancho del Rey Units 1-4) 2005/06 Fiscal Year District Cost Summary . . OisCtiption' . . 296lO& Amount 200.4105 Amount 2003/:2004 Personnel Services $0.00 $0.00 $0.00 Utility Charges 716.00 716.00 704.00 Trash Collection & Disposal Fees 1,400.00 1,400.00 1,400.00 Water Charges 23,591.00 23,591.00 22,793.00 Services to maintain structures, grounds 770.00 770.00 770.00 City Staff Services 10,891.00 10,323.00 8,673.00 Contract Services 18,652.27 17,390.00 17,390.00 Landscape Supplies 980.00 980.00 980.00 Materials to maintain structures, grounds 1,040.00 1,040.00 1,040.00 Backflow Certification 0.00 0.00 0.00 Professional Services 1,600.00 1,600.00 1,600.00 Supplementals 1,610.00 360.00 360.00 Other Commodities 0.00 0.00 0.00 Advertising 0.00 0.00 0.00 Transfer: Corporate Yard Debt Services 531.00 580.00 576.00 Storm Maintenance 0.00 0.00 0.00 Special Maintenance Fund 0.00 0.00 0.00 Estimated Maintenance Cost $61,781.27 $58,750.00 $56,286.00 Reserve Requirement (1) $52,514.08 $49,937.50 $42,214.50 Reserve Percent 85% 85% 75% Special Reserve 0.00 0.00 0.00 Fund Balance (2) 48.501.82 60.923.00 34.185.00 Net Assessment (3) $65,793.53 $47,764.50 $64,315.50 Equivalent Dwelling Units (EDU's) 661.79 661.79 661.79 Collectible/EDU $99.42 $72.17 $97.18 Percent change from prior year 38% -26% 0% CP4geCJlBtefiYio$.jrtH$ijnf? Revenue from even dollar payment ASSE.SSMENT............................................... ............................................ ......................................... Assessment with CPI (4) BijdiflEOU<........................................... .......... ..................... Percent change from prior year $.1.00..0.0 . ............................ $66,179.00 (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance (4) CPI Change for FY 2005/2006 = 3.65% jY -,/5 DRAFT RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 2005/06 SPREAD OF ASSESSMENTS FOR THE EASTLAKE MAINTENANCE DISTRICT NO.1 AND OPEN SPACE DISTRICT NO.1; DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THESE ASSESSMENTS WHEREAS, pursuant to Article 4, Chapter 1, part 2 of Division 15 of the California Streets and Highways Code, also known as "Landscaping and Lighting Act of 1972" and Chula Vista Municipal Code Chapter 17.07, NBS Government Finance Group, DBA NBS, has prepared and filed the annual report for the existing Open Space Maintenance Districts in the City; and WHEREAS, the report was prepared by NBS and is presented to the Council for approval in order to proceed with the public hearing set for July 19, 2005, in accordance with the Landscaping and Lighting Act of 1972. The report covers Eastlake Maintenance District No. I and Open Space District No. I; and WHEREAS, the proposed assessments for Fiscal Year 2005/06 is as follows: Eastlake Maint. District # 1 FY 03/04 FY 04105 FY 05/06 FY 04105 FY 05/06 Otay Lakes Rd (1) n/a n/a n/a $ 2.40 $ 2.00 $ (0.40) -17% $ 25,373.40 Zone A - Eastlake I $ 11.22 $ 11.89 $ 11.00 $ 0.80 6% $ 103,949.74 Zone B - Eastlake Greens $ 18.341$ 19.42 $ 14.00 1$ 0.60 I 4% $ 49,309.75 Zone C - Oly Training Ctr $ 151.89 1$ 160.90 $ 5.00 1$ (3.00) I -60% $ 1,000.00 Zone D - Salt Creek I $ 202.58 I $ 214.60 $ 207.00 1$ 7.00 I 3% $ 90,607.60 Zone E - Tel C n Chnl (2) $ 28.88 $ 30.60 $ 19.00 $ 0% $ 7,545.09 District Total $252,412.18 (1) Zones A - D share in the cost of Otay Lakes Road medians and off-site parkways. Collectible and projected revenue for Otay Lakes Road are reflected in collectible and projected revenue for Zones A-D. (2) Portions of Eastlake I and Eastlake Greens are in this benefit area OSO 1 FY 03/04 FY 04105 $ 101.20 $ 103.43 $ 107.21 $ FY 04105 72.00 Revenue EI Rancho del Rey Units 1 - 4 $ 28.00 38% $ 66,179.00 f-It! DRAFT NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Engineer's Report to declare its intention to levy and collect assessments for the Fiscal Year 2005/06 for the spread of assessments for Eastlake Maintenance District No. 1 and Open Space District No.1, a copy of which is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council does hereby set July 19, 2005 at 6:00 p.m. in the City Council Chambers, City of Chula Vista, 276 Fourth Avenue, Chula Vista, California as the date and time for the public hearing on said assessments. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to publish said assessments pursuant to Government Code Section 6061. Presented by Approved as to form by ':Do..--- l . + Sohaib AI-Agha City Engineer Ann Moore City Attorney j:-/S- PAGE 1, ITEM NO.: MEETING DATE: q 06/21/2005 CITY COUNCIL AGENDA STATEMENT ITEM TITLE: RESOLUTION APPROVING THE DOWNTOWN PROPERTY BASED BUSINESS IMPROVEMENT DISTRICT ANNUAL ASSESSMENT ADJUSTMENT SUBMITTED BY: REVIEWED BY: COMMUNITY DEVELOPMENT DIRECTOR CITY MANAGER 4/5THS VOTE: YES D NO 0 BACKGROUND In accordance with its Management Plan, the Downtown Property Based Business Improvement District {PBID} may adjust its assessment rate by annual "cost of living" increases based on the San Diego Consumer Price Index (CPI) for all urban consumers or 5 percent. whichever is less. Increases are recommended by the PBID Board of Directors and forwarded to the City Council for final approval. For the upcoming tax year (2005- 2006). the PBID Board of Directors has recommended an assessment increase of 3.65 percent. RECOMMENDATION Adopt Resolution approving Downtown Property Based Business Improvement District Annual Cost of Living Assessment Adjustment. BOARDS/COMMISSIONS RECOMMENDATION On June 1, 2005, the Downtown PBID Board of Directors voted unanimously to recommend approval for an assessment increase of 3.65 percent. DISCUSSION The Downtown Property Based Business Improvement District (PBID), which is managed by the Downtown Business Association (DBA), was inaugurated for a five-year term in 2001. The PBID is financed by assessments levied on the properties within the PBID. The PBID Management Plan allows for annual increases in the assessment, subject to ;-) PAGE 2, ITEM NO.: MEETING DATE: q 06/21/2005 changes in the San Diego Consumer Price Index (CPI) for all urban consumers. or 5 percent. whichever is less. In previous years. the assessment increase has been 3.6 percent (2002-2003). 4 percent (2003-2004). and 3 percent (2004-2005). Unlike Los Angeles (4.1 % CPI). there is no recent CPI for the San Diego region. The proposed 3.65% assessment increase was derived from an analysis that was conducted by a tax consultant that was hired by the City to establish a CPI for the City's Open Space Districts. It was the PBID Board's desire to remain consistent with the consultant's recommendation. which was based on regional economic indicators. The proposed 3.65 percent increase will take effect for the 2005-2006-tax year. for which property tax bills will be due in December 2005 and April 2006. The current annual PBID budget is $339.956. which includes Maintenance ($39.100). Operations ($229.656). and advertising. contractual services. and promotional activities ($71.200) associated with the various PBID committees (promotional. economic restructuring. design. organizational. branding. and parking). The proposed increase will be proportionately applied based on the breakdown noted above. with minor adjustments as may be needed and as authorized in the PBID Management Plan. Attachment A is a current list of 2004 PBID Accomplishments. FISCAL IMPACT The Redevelopment Agency is responsible for payment of the PBID assessment on all City and Redevelopment-owned properties. which are located within the Town Centre I Project Area. The fourth year's assessment (FY05) was $45.315. With the 3.65 percent increase. the new assessment (FY06) will be approximately $46.969. No appropriation is required because this amount is included in the FY06 Town Centre I baseline budget. l-L Chula Vista - Downtown Third Avenue Page 1 of2 PBID / BID Accomplishements 2004 Downtown Accomplishments 1. Updated Association by-laws 2. Updated all Association policies 3. Updated committee pledge of commitment forms 4. Updated all job descriptions 5. Held monthly meetings with the City Manager to discuss issues in Downtown 6. Conducted four well-attended business-oriented seminars for members. 7. Graffiti eradication program reduced graffiti incidents in Downtown from 216 in 2003 to 50 graffiti incidents in 2004. 8. Completed Phase I of the Utility Box Beautification project with the participation of 15 local artists. 9. Awarded a$2000.00 grant to paint fire hydrants and traffic signal boxes in Downtown 10. Awarded a $5,000.00 grant for holiday event 11. Created a Branding Committee to create a brand for the area 12. Developed a brand as well as tag lines for marketing materials. 13. Created an Request for Proposal for the branding, mailed this RFP out and instituted a plan for marketing using the new plan 14. Purchased a new sidewalk vacuum/sweeper to assist in taking care of downtown more efficient 15. Assisted in the development of the Urban Development Corporation idea to assist the redevelopment of Downtown 16. Created and recommended a set of Design Guidelines for Downtown to Specific Plan consultants 17. Made a proposal to City to take over the cleaning of parking lots as well as alleyways 18. Applied for a grant with SBC to develop a computer lab in the DBA office for members to use to assist them in developing advertising and other related components 19. Assisted member with two Grand Opening celebrations 20. Office space shared with Chula Vista Art Guild to showcase local art 21. Developed an event policy 22. Developed a Starlight Yule Parade event policy 23. Sponsored car show for fourth year 24. Cinco de Mayo - 30,000 in attendance 25. Lemon Festival - 40,000 in attendance 26. Starlight Yule- 40,000 in attendance 27. Farmers Market attracted over 1,500 visitors weekly 28. Pet Fest - over 1000 in attendance and raised $2100 for the Association to donate to the animal shelter 29. Expanded holiday celebrations, purchased a 40ft Christmas tree.30. Taste of Third Avenue and Art walk - involving 14 restaurants, 8 businesses, and local artists 30. Thursdays on Third - first annual open late campaign with music, Farmers Market with businesses open late and advertising to attract customers in evening 31. Updated CVDBA website to allow for online R.S.V.P. for seminars, event application download, the capability to do in-house maintenance, integrated the evens and members website 32. Created the Chula Vista Downtown Cultural Arts District website and linked it to the main site 33. Purchased a color copier to reduce costs by printing in-house and to offer members color copier/printing services 34. Awarded a resolution for support of Arts and Culture in Downtown 35. Awarded a resolution for Downtown's graffiti program's success by The Chura Vista Police Department 36. Awarded an Award of Merit from Caled Association for new overhead sign 37. Printed and mailed new member directory for 2004-2005 38. New color newsletter mailed to all members 6 times per year 39. Updated planters with plants and developed a maintenance program 40. Added more ash containers along Third to maintain cleanliness http://www.cvdba.com/ContentPage.asp?ContentID= 128 9~3 06/07/2005 Chula Vista - Downtown Third Avenue Page 2 of2 41. Expanded marketing efforts through welcome Wagon to attract visitors to Downtown from the eastern portion of Chula Vista 42. Increased advertising for events by using the Eastern Chula Vista section of the Star News 43. Certificate of Recognition from City of Chula Vista for support of Arts and Culture in Downtown 44. Active participation in the General Plan update 45. Created and recommended an Economic Restructuring land use matrix for the Downtown specific plan 46. Forwarded the CVDBA's density vision for Downtown to the General Plan consultants 47. Participated in the creation of the San Diego Junior Theater mural on Third Avenue and Davison Street 48. Welcomed 6 new committee members 49. Increased Associate memberships by 8 new businesses 50. Created a Transient Task force to deal with transient issues in Downtown 51. Created a Parking committee to address parking concerns in Downtown Chula Vista 52. Developed parking statements for Downtown Chula Vista for the Downtown Specific Plan 53. CBDBA member participation in the Citizens Advisory Committee for the General Plan update 54. Partnered with South County Career Center to bring more seminars to Downtown 55. The Association continues to complete tasks given at the Retreat in January. Between the committee members and the CVDBA staff the process continues daily with monthly reporting with the completing or continuation of the process. http://www.cvdba.com/ContentPage.asp?ContentID=128# 9~Y 06/07/2005 DRAFT RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DOWNTOWN PROPERTY BASED BUSINESS IMPROVEMENT DISTRICT ASSESSMENT ADJUSTMENT WHEREAS, the Downtown Property Based Business Improvement District (PBID) was established by a vote from the affected property owners in 2001, and became effective on January 1, 2002 under a management agreement with the Downtown Business Association (the "Management Plan"); and WHEREAS, the PBID is financed by assessments levied on the properties within the PBID; and WHEREAS, the PBID Management Plan which authorizes the assessment allows an annual increase in the assessment based on the San Diego Consumer Price Index for all urban consumers or 5 percent. whichever is less; and WHEREAS, the PBID Management Plan allows for annual cost of living assessment increases based on the San Diego Consumer Price Index (CPI) for all urban consumers or 5 percent, whichever is less; and WHEREAS, on June 1, 2005, the PBID Board of Directors voted unanimously to recommend an assessment increase of 3.65 percent; and WHEREAS, the increase will take effect for the 2005-2006 tax year, for which property tax bills will be due in December 2005 and April 2006; and WHEREAS, the City of Chula Vista recognizes the important work of the PBID in the revitalization and improvement of the Downtown area and approves the PBID Board of Directors recommendation of a 3.65 percent increase in the assessment. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve a Downtown Property Based Business Improvement District Assessment Adjustment of an increase of 3.65 percent for Fiscal Year 2005-2006, and authorizes and directs staff to take all appropriate measures to implement the increase. Presented by Approved as to form by ~ 01 Laurie Madigan Director of Community Development 9~:::;- COUNCIL AGENDA STATEMENT Item J 0 Meeting Date 6/21/05 '"-- ITEM TITLE: Resolution approving an agreement with Simon Wong Engineering, Inc., to provide consulting services for the rehabilitation or replacement of the Willow Street Bridge over Sweetwater River for the City of Chula Vista, appropriating funds necessary to complete the design phase of the project, and authorizing the Mayor to execute the agreement on behalf ofthe City. SUBMITTED BY: Director of General Services ~ .fr City Manager ~ (4/5ths Vote: Yes..K...No-> REVIEWED BY: The proposed project consists ofthe rehabilitation orreplacement ofthe Willow Street Bridge, a two-lane bridge constructed in 1940 that traverses the Sweetwater River in the City ofChula Vista. The bridge is currently eligible for rehabilitation funding through the State of California's Highway Bridge Replacement and Rehabilitation Program (HBRRP) and has been classified as functionally obsolete. While the HBRRP funding is programmed for bridge rehabilitation, replacement alternatives must be evaluated to assure the best use of public funds. In addition, the current and future traffic demands may support additional traffic lanes for a bridge widening or replacement project. The City ofChula Vista's General Plan indicates that Willow Street will ultimately be a 4-lane major arterial. Execution of the attached agreement will allow a qualified consultant to evaluate design alternatives and to provide environmental analysis and review, preliminary engineering design, final design, and construction support. RECOMMENDATION: That Council approve: 1. That Council approve the attached agreement (Attachment "A") with Simon Wong Engineering, Inc. and authorize the Mayor to execute the agreement on behalf of the City. 2. That Council approve the appropriation of$1,463,5l4 from Fund 736 (Org Key 73612), which has been established to fund projects containing federal grant funds to the existing Willow Street Bridge Capital Improvement project (STL26l). BOARDS/COMMISSIONS RECOMMENDATION: None DISCUSSION: Background The existing Willow Street Bridge over the Sweetwater River was originally constructed in 1940 as a multi-span reinforced concrete slab bridge supported on concrete piles and pile extensions. The bridge length and width are approximately 61 0 feet and 31 feet, respectively. It carries two lanes oftraffic with /v-/ Page 2, Item I 0 Meeting Date 6/21/05 a 4- foot wide sidewalk on the west side and no bike lanes or shoulders. The existing barrier system includes a concrete curb and timber railing elements. The approximate limits of the project include the Willow Street Bridge and the approach roadway between the intersections at Bonita Road and Sweetwater Road. The existing right-of-way is approximately 100- feet wide at this location and is roughly centered over the existing structure. Temporary construction easements may be required, but it has been assumed that the final improvements will fall within the existing right-of-way. The project will require inter-agency coordination between the City of Chula Vista, County of San Diego, and California Department of Transportation. As project construction will take place in the Sweetwater River, environmental clearance is critical. SCOPE OF WORK Due to the multi-disciplinary nature of the project, the consultant will need to retain the services of various sub-consultants to fulfill the required scope of work (as set forth in the attached agreement), which includes, but is not limited to the following: Phase 1 (Preliminary Engineering) - · Proj ect management & administration; · Design alternative evaluation; · Environmental documentation; . Topographical mapping; · Geotechnical investigation; · Hydraulic studies; · Bridge type selection; . 30% design details Phase 2 (Final Design)- · Proj ect management & administration; · Development of all required construction ready plans and documents; · Development of all project specifications and estimate Phase 3 (Construction Support)- · Project management & administration; · Bid support; · Survey datum control; · Construction observation; . As-built detailing CONSUL T ANT SELECTION PROCESS The City, in accordance with the California Department of Transportation's Local Assistance Procedures Manual, released a Request for Qualifications (RFQ) in February 2004. In July 2004, a total of ten Statements of Qualifications (SOQ) from ten consultants were received. The City reviewed and /2 , ,. ! - .,L.--... Page 3, Item f D Meeting Date 6/21/05 evaluated the submitted SOQ's and established a short list of the top five candidates to participate in the interview selection process. The City Manager approved the formation of a consultant selection committee ("committee") that included representation from the California Department of Transportation. The committee interviewed the following five consultants: . Dokken Engineering . 1mbsen & Associates, Inc. . Parsons . Simon Wong & Associates . T.Y. Lin International The City ultimately selected Simon Wong & Associates and initiated discussion regarding project scope and negotiation of agreement amount. The terms ofthe final agreement are on a time-and-materials basis, with a not to exceed limit. The agreement includes all three phases of the project, from preliminary engineering through construction as-built work, and is estimated to extend over a period of three years. At this time, staff is recommending the approval ofan agreement with Simon Wong & Associates for said scope of work. ENVIRONMENT AL The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the subject agreement is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the agreement is not subject to CEQA. Thus, no environmental review is necessary. However, based on the sensitive project location (Sweetwater River) and potential significant project impacts, the Environmental Review Coordinator has determined that an Environmental Impact Report (EIR) prepared under State CEQA guidelines will be required. Consequently, since the project is receiving federal funding, it is necessary that an Environmental Assessment be prepared in accordance with the National Environmental Policy Act (NEP A). FUNDING As mentioned, the bridge is currently eligible for rehabilitation funding through the State of California's Highway Bridge Replacement and Rehabilitation Program (HBRRP). According to the HBRRP, general federal reimbursement is available for 80% of the actual project cost paid for by the sponsoring local agency that is eligible for reimbursement on a pro rata basis in compliance with laws, regulations, and policies. Therefore, 80% of the consultant cost will be recovered from federal grant funds. The Willow Street Bridge is also one of the City's capital improvement projects (CIP) eligible for reimbursement from the Transportation Development Impact Fee (TDIF) program. Hence, the remaining 20% of the consultant cost will be funded from the City's TDIF program. /0 ~3 Page 4, Item I 0 Meeting Date 6/21/05 FISCAL IMPACT: FUNDS REQUIRED FOR CONSULTANT SERVICES A. Contract Amount (Simon Wong & Associates) $1,181,993 B. Contingency (20%)* $236,399 C. Staff Costs $411,000 TOT AL FUNDS REQUIRED FOR CONSULTANT SERVICES $1,829,392 * 20% Contingency includes possible 5% cost ofliving annual increase over project duration of three (3) years. FUNDS AVAILABLE FOR CONSULTANT SERVICES A. Highway Bridge Replacement and Rehabilitation Program (80%) $1,463,514 B. Transportation Development Impact Fee (20%) (Existing) $365,878 TOTAL FUNDS A V AILABLE FOR CONSULTANT SERVICES $1,829,392 A total of$1,463,514 will be appropriated from Fund 736 (Org Key 73612), which has been established to fund projects containing federal grant funds, to the existing Willow Street Bridge Capital Improvement Project (STL261). There is no impact on the General Fund as the funds for these services and improvements have been provided for as part ofthe State of Cali fomi a' s Highway Bridge Replacement and Rehabilitation Program and the City ofChula Vista's Transportation Development Impact Fee program. Approval of tonight's resolution will approve an agreement with Simon Wong & Associates for the above-mentioned scope of work. File:0735-1O-STL261 (Rev.June 16, 2005 (1:49PM)) M:\General Services\GS Administration\Council Agenda\STL261 - Willow Street Bridge\A113 Willow St Bridge - 06-14- 05 (Final).doc /0 --";( DRAFT RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH SIMON WONG ENGINEERING, INC., TO PROVIDE CONSULTING SERVICES FOR THE REHABILITATION OR REPLACEMENT OF THE WILLOW STREET BRIDGE OVER SWEETWATER RNER FOR THE CITY OF CHULA VISTA, APPROPRIATING FUNDS NECESSARY TO COMPLETE THE DESIGN PHASE OF THE PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY WHEREAS, the existing Willow Street Bridge over the Sweetwater River was originally constructed in 1940 as a multi-span reinforced concrete slab bridge supported on concrete piles and pile extensions; and WHEREAS, the bridge is currently eligible for rehabilitation funding through the State of California's Highway Bridge Replacement and Rehabilitation Program (HBRRP) and has been classified as functionally obsolete; and WHEREAS, the City of Chula Vista's General Plan indicates that Willow Street will ultimately be a 4-lane major arterial; and WHEREAS, the City wishes to contract with a qualified consultant to assist in evaluating design alternatives, providing environmental analysis and review, conducting preliminary and final design, and lending construction support; and WHEREAS, the City, in accordance with the California Department of Transportation's Local Assistance Procedures Manual, released a Request for Qualifications (RFQ) in February 2004 and received a total of ten Statements of Qualifications (SOQ) from ten consultants; and WHEREAS, the City reviewed the SOQ's and established a list of the top five candidates who were to be evaluated by the consultant selection committee ("committee"), which included: Dokken Engineering; Imbsen & Associates, Inc., Parsons; Simon Wong & Associates; and T.Y. Lin International; and WHEREAS, staff is recommending the approval of an agreement with Simon Wong & Associates; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the subject agreement is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the agreement is not subject to CEQA; and /J-S DRAFT WHEREAS, due to the sensitive project location (Sweetwater River) and other potential significant project impacts, the Environmental Review Coordinator has determined that the Willow Street Bridge Project itself will require an Environmental Impact Report (EIR); and WHEREAS, since the project is receiving federal funding, the Environmental Assessment will have to be prepared in accordance with both CEQA and the National Environmental Policy Act (NEP A); and WHERAS, the bridge is eligible for rehabilitation funding through the State of California's Highway Bridge Replacement and Rehabilitation Program (HBRRP); and WHEREAS, the Willow Street Bridge is also one of the City's capital improvement projects (CIP) eligible for reimbursement from the Transportation Development Impact Fee (TDIF) program and sufficient funds already appropriated to the project to cover the TDIF share of the project; and WHEREAS, staff has recommended that a total of$1,463,514 be appropriated from Fund 736 (Org Key 73612), which was established to fund projects containing federal grant funds. NOW, THEREFORE BE IT RESOLVED the City Council of the City of Chula Vista approves an agreement with Simon Wong Engineering, Inc., to provide consulting services for the rehabilitation or replacement of the Willow Street Bridge over Sweetwater River for the City of Chula Vista and authorizes the Mayor to execute the agreement on behalf of the City. BE IT FURTHER RESOLVED that $1,463,514 is hereby appropriated from Fund 736 (Org Key 73612) to the Willow Street Bridge Widening Project (STL261). PREP ARED BY: APPROVED AS TO FORM BY: ~? E-L- Jack Grifiin Director of General Services Ann Moore City Attorney J:\Attomey\Reso\Agreements\Simon Wong Agreement /0 -- b 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 ~(.H-t~_ Ann Moore City Attorney Dated: June 15,2005 AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SIMON WONG ENGINEERING, INe. TO PROVIDE CONSULTING SERVICES FOR THE REHABILIT A nON OR REPLACEMENT OF THE WILLOW STREET BRIDGE OVER SWEETWATER RIVER /() -- 7 DRAFT DRAFT Parties and Recital Page(s) Agreement between City of Chula Vista and Simon Wong Engineering, Inc for Engineering and Project Management Services for the Willow Street Bridge Rehabilitation Project. 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 on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals Whereas, the City is planning to rehabilitate the Willow Street Bridge over the Sweetwater River; and Whereas, the City wishes to hire a consultant who can provide it with project management, project administration, preliminary engineering, final engineering and construction support services, as well as create NEPAlCEQA environmental documentation; and Whereas, Consultant has proposed a work program that will accomplish the City's objective of rehabilitating the Willow Street Bridge; 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.] CV/Simon Wong - Willow St Bridge Rehab Page 1 ^ /0 -,y DR AFT 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. In addition, the City and Consultant agree that Final Engineering Design and Construction Support Services are optional. The City reserves the right to select a different consultant for said services, in accordance with the Local Assistance Procedures Manual. 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. 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 sub consultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance CV/Simon Wong - Willow St Bridge Rehab Page 2 la -1 DR AFT 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 of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Security for Performance. (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the 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 CV/Simon Wong - Willow St Bridge Rehab Page 3 /:) -;//:) DRAFT 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. 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. J. General Compliance With Laws & Wage Rates Consultant shall comply with all federal, State and local laws and ordinances applicable to the work. This includes compliance with prevailing wage rates and their payment in accordance with California Labor Code, Section 1775. K. General Compliance With Code of Federal Regulations Consultant shall comply with the Cost Principles, Title 48, Code of Federal Regulations (CFR), Chapter 1, Part 31 and Uniform Administrative Requirements, Title 49, CFR, Part 18. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consult- ant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. CV/Simon Wong - Willow St Bridge Rehab Page 4 /0-/1/ DRAFT 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages 14. The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 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. 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. CV/Simon Wong - Willow St Bridge Rehab Page 5 /0 -/L DRAFT Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. G. Covenant Against Contingent Fees. The Consultant warrants that he/she has not employed or retained any company or person, other than a bona fide employee working for the consultant, to solicit or secure this Agreement, and that he/she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or formation of this agreement. For breach or violation of this warranty, City shall have the right to annul this Agreement without liability, or at its discretion to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 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 performed involving this project, except liability for Professional Services covered under Section 7.2, 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, CV/Simon Wong - Willow St Bridge Rehab Page 6 / .., /D --/6 DP^ f7T 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. 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 for injury 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 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 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 subconsultants identified thereat as "Permitted Subconsultants". CV/Simon Wong - Willow St Bridge Rehab Page 7 /j -- / y! DRAFT If Consultant subcontracts any of the work to be performed under this Agreement, Consultant shall be as fully responsible to City for the acts, errors, or omissions of Consultant's subconsultant and of the persons employed by the subconsultant as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in this Agreement shall create any contractual relationship between any subconsultant of Consultant and City. Whenever the amount of work performed by an individual subconsultant exceeds the amount for the subconsultant specified in Exhibit B, Consultant shall notify City and comply with any audit or reporting requirements mandated by local, state or federal laws. 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. All of the Consultant's records, including those related to billings, shall be retained for inspection by the State, FHW A, or their duly authorized representatives for a minimum of three years after final payment is made to the Consultant. 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 CV/Simon Wong - Willow St Bridge Rehab Page 8 Ij -/:;- DRAFT incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 16. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, 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. [End of page. Next page is signature page.] CV/Simon Wong - Willow St Bridge Rehab Page 9 / 0 --/~0 06/13/05 MaN 09:3i FAX 858 566 6844 SIMON WONG ENG I4J 002 DRAFT Signature Page to Agreement between City of Chula Vista and Simon Wong Engineering, Inc. for Engineering and Project Management Services for the Willow Street Bridge Rehabilitation Project. 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: City of Chula Vista by: Stephen C. Padilla, Mayor Attest: Susan Bigelow, City Clerk Approved as to form: Ann Moore, City Attorney Dated: Exhibit List to Agreement: ( X ) Exhibit A ( X ) Exhibit B CV/Simon Wong - Willow St Bridge Rehab Page 10 /0-'/7 DRAFT Exhibit A to Agreement between City of Chula Vista and Simon Wong Engineering, Inc 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 ( ) Other: , a [insert business form] 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: Simon Wong Engineering, Inc Mark Creveling P.E. Principal in Charge 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 9968 Hibert Street, Suite 202 San Diego, CA 92131 Voice Phone (858) 566-3113 Fax Phone (858) 566-6844 7. General Duties: To assist City in completing the rehabilitation of the Willow Street Bridge, Consultant shall, under the direction of the City Engineer and Environmental Review Coordinator, provide project management services, project administration, preliminary engineering, , final engineering and construction support services, as well as create NEPAlCEQA environmental documentation.. 8. Scope of Work and Schedule: CV/Simon Wong - Willow St Bridge Rehab Page 11 .~ /0 --It DRAFT A. Detailed Scope of Work: 1.0 Preliminary Engineering (Task 8.A.1) The preliminary design phase of the project includes the development of the project design up to the 30% design level. Included in this phase are the alternative evaluation, environmental documentation, topographical mapping, geotechnical investigation, hydraulic studies, bridge type selection and 30% design details. The project shall be developed in english units and shall be in compliance with Caltrans design criteria, memos and specifications. 1.1 Project Management and Administration Consultant shall provide Project Management and Administration duties for the duration of this phase of the project as noted above. 1.2 Project Schedule Consultant shall develop and maintain the project schedule for the duration of this phase of the project as noted above. 1.3 Project Meetings Up to 20 Team meetings with the City of Chula Vista are assumed during this phase. These shall be held at the City's office approximately once each month. The following table provides the Parties' assumption for meeting attendance: Meeting Firm Name Simon Kim/ey Description Wong Horn EDAW Tierra KTU+A Geocon Chang Kick-Off Meeting X X X X X X X Team Meeting #1 X X X X X X Team Meeting #2 X X X X X X X Team Meeting #3 X X X X X X Team Meeting #4 X X X Team Meeting #5 X X X X X Team Meeting #6 X X X Team Meeting #7 X X X X X Team Meeting #8 X X Team Meeting #9 X X X X X X X Team Meeting #10 X X Team Meeting #11 X X X X X X Team Meeting #12 X X Team Meeting #13 X X X X Team Meeting #14 X X Team Meeting #15 X X Team Meeting #16 X X Team Meeting #17 X X Team Meeting #18 X X 30% Design X X X X X X X Review Totals: 20 10 20 10 7 6 9 CV/Simon Wong - Willow St Bridge Rehab Page 12 '"' /1) -- j";/ DRAFT In addition to regularly scheduled team meetings, review meetings will be required with Caltrans to develop an appropriate project alternative. Up to three formal Caltrans coordination meetings are assumed during this phase. Additional informal meetings may be required between Consultant, City staff, Caltrans local assistance staff, environmental resource agencies. The time needed for these meetings has been included in the compensation amount. 1.4 Right-of-Way Studies Existing right-of-way maps will be researched, surveyed and transferred to the project base map. Many of the bridge alternatives fall within the existing right- of-way; however, if requested Consultant will develop right-of-way plats, legal descriptions and easement documents as an additional service. 1.5 As-Built and Utility Research As-built plans and utilities will be researched and located on the project basemap. Consultant may assume that the as-built plans and surface surveys will be adequate to locate existing utilities. Subsurface exploration (pot holing) is not included in this scope of work. If the as-built plans show that potential utility conflicts exist, pot holing will be completed to verify utility locations. . 1 .6 Site Visit, Field Surveys and Mapping A site visit shall be held by all team members (City, Consultant, and subconsultants) to review the existing conditions. An aerial topographical map (digital color format with a 0.5' resolution or better) and supplemental field surveys will be completed and assembled into an AutoCad format base map. A digitally rectified orthographic photo, with a scale of 1 "=40' with a one-foot contour interval, will be obtained/produced for this area. The "area" is 500 feet on either side of the right-of-way and 500 feet north and south of the bridge. Field surveying shall identify existing topographical features, right-of-way (including all critical points) and tie out, and any and all existing survey monuments that may be disturbed by the work. Street centerline and centerline stationing will be established to an accuracy of one-tenth (0.1) foot. Consultant shall establish one field survey datum or benchmark which was used in the design for use during construction and all elevations, dimensions, and other measurements necessary to establish proper line and grade. Channel cross sections will be completed approximately 100' up and down stream of the bridge on a 50' interval (total of 5 sections). · Cross Sectional Information Fifty (50) foot cross sections will be obtained/produced along Willow Street between Bonita Road and 300 feet west of Sweetwater Road. Fifty (50) foot cross sections will also be obtained/produced along Sweetwater Road from Willow Street to 300 feet east of Willow Street. Cross sections of the abutment slopes will also be obtained/produced. CV/Simon Wong - Willow St Bridge Rehab Page 13 /0 -~ () DRAFT Existing driveways along Willow Street between Sweetwater Road and Bonita Road will also be profiled. The driveway profiles will extend into the existing parking lots to determine the existing drainage patterns. · Other Planimetrics will be obtained/produced from the aerial and will include key design features such as driveways, curb and gutter, storm drain manholes and outlets, bridge limits, sidewalks, signal equipment, building boundaries, and visible utilities. Right-of-way boundaries will be obtained/produced from record drawings. · Bridge Survey The existing bridge will be surveyed to determine the location and elevation of the deck, soffit, sidewalk, columns and hinges. The deck and sidewalk elevations will be surveyed every 10'I. · Pedestrian Bridge Field survey will include horizontal and vertical as well as cross sectional information (100' cross sections) along the existing pedestrian bridge east of the Willow Street Bridge. · River Delineation The cross sectional data needed to perform the hydraulic analysis will be coordinated with Chang Consultants but is assumed to include up to 5 river cross sections upstream of the bridge. This data will be used to supplement the existing downstream contour information from SANDAG and City of Chula Vista. Documentation for all survey monumentation used in the design for use during construction will be provided with electronic files and a plot of all control coordinates for use in construction staking. 1.7 Preliminary HEC/RAS Analysis A preliminary HEC/RAS analysis shall be performed on the existing bridge and up to three hydraulically different alternatives. The results of this analysis shall provide water surface elevations at the bridge and upstream for the 50 and 100-year events along with the corresponding flow volume and velocities. Initial scour estimates shall be based on engineering judgment and similar river dynamics. The existing drainage structures shall be identified and evaluated for current deficiencies. 1.8 Preliminary Geotechnical Study A Preliminary Foundation Report (PFR) shall be prepared based on a review of available studies and documentation of subsurface investigations in the vicinity of the Willow Street Bridge. The PFR will present general geology CV/Simon Wong - Willow St Bridge Rehab Page 14 /() - c7~), ' DRAFT and subsurface conditions, seismic evaluation, liquefaction, scour, corrosion, preliminary foundation recommendations and recommended additional work based on a review of published geologic maps, aerial photographs, "as-built" plans, in-house documents, and other literature pertaining to the site to aid in evaluating geologic conditions and hazards that may be present. This report will be superceded by the final project geotechnical report which shall be based on a detailed subsurface exploration program and lab testing. 1.9 Traffic Analysis Traffic analysis shall be completed for the intersection at Bonita Road, the intersection at Sweetwater Road and on Willow Street. The analysis shall include studies for both the current traffic volume and the 2030 projections. A traffic study shall be completed for the traffic section of the environmental document. The analysis shall include projected impacts to the adjacent intersections and roadway segments under existing, phased construction (including potential closure of the bridge), and build out conditions. · Existing Intersection Traffic Counts The intersections listed below shall be counted to obtain baseline traffic volume data. The locations were based on the assumption that the bridge segment would be closed during construction. . Bonita Road/Willow Street . Willow Street/Sweetwater Road . Bonita Road/Otay Lakes Road . Bonita Road/Central Avenue . Bonita Road/Plaza Bonita Road . Sweetwater Road/Central Avenue . Sweetwater Road/Bonita Center Way . Sweetwater Road/Plaza Bonita Road ADT (tube) counts shall be collected at three locations, including Willow Street, Sweetwater Road and Bonita Road. · Forecast Traffic Volumes Current SANDAG 2030 traffic forecast model shall be used for this area for existing and buildout conditions. A select link assignment on the bridge segment shall be run to estimate existing traffic patterns and to predict re-routing of traffic during construction. · Bridge Closure Analysis An analysis shall be completed to determine the impacts of a potential bridge closure during construction. Potential detour routes shall be determined and impacts to detour segments and intersections shall be analyzed. · Maintenance of Traffic CV/Simon Wong - Willow St Bridge Rehab Page 15 /o-~~ DRAFT An analysis shall be completed for the construction staging of the options that maintain the bridge open to traffic during construction. Potential detour affects and impacts of reducing lanes during construction shall be analyzed. · Traffic Assessment A Traffic Assessment report shall be processed and approved through the City of Chula Vista. The following are assumed for this task: . Two (2) submittals to the City of Chula Vista . Two (2) meetings with City of Chula Vista staff . Two (2) meetings with County of San Diego and/or SANDAG staff . Cursory review by County / SANDAG staff - 2 submittals 1.10 Alternative Evaluation This phase of the project will focus on developing the most appropriate rehabilitation or replacement strategy and obtaining a consensus for project development and funding commitments through the HBRR program via Caltrans and the FHWA. The existing bridge is eligible for rehabilitation (but generally not replacement) funding through the HBRR program; however, replacement strategies and widening with adding lanes will also be considered. In order to develop a consensus on the baseline project, a number of alternatives shall be developed to approximately a 10% design level and studied. Plans shall include a bridge general plan and a roadway plan and profile sheet. Up to two widening alternatives and three replacement alternatives shall also be developed. These may include: . Widen to a 2-lane bridge with 8' shoulders and 5' sidewalks, Width = 52' . Widen to a 4-lane bridge with 8' shoulders, 4' striped median, and 5' sidewalks, Width = 80' . Replace with a 2-lane bridge with 8' shoulders and 5' sidewalks, Width = 52'. Demo the existing bridge and re-align traffic to new structure (off- alignment) . Replace with a 4-lane bridge with 8' shoulders, 4' striped median and 5' sidewalks, Width = 52'. Demo the existing bridge and re-align traffic to new structure (off-alignment). Construction within existing right-of-way. . Open alternative - Develop and study one additional replacement alternative that includes a variation on alignment, lane configuration, shoulder width or sidewalk condition. Potential evaluation criteria will likely include: . Bridge Load Rating . Hydraulic Performance . Deck Geometry (Width) . Traffic Capacity (ADT) . Traffic Safety Features . Structure Lifespan . Seismic Liquefaction Potential CV/Simon Wong - Willow St Bridge Rehab Page 16 /)-~ DRAFT · Scour Potential · Right-of-Way Impacts · Potential Environmental Issues These criteria shall be ranked for importance and each alternative shall be relatively scored using a value analysis approach. Preliminary cost estimates shall be developed using current unit cost data and a general plan level quantity take-off. Details shall include a bridge general plan and a roadway plan and profile sheet for each alternative. An alternatives report shall be completed to document the analysis and shall be provided to the City and Caltrans for review. Up to 10 copies of a draft and final version of the report shall be printed and distributed to the City and Caltrans. Consultant agrees to meet with the City and Caltrans to assist in defining the appropriate project alternative for environmental analysis and final design. 1.11 Drilling Permits and Environmental Clearance Environmental permits to perform the geotechnical borings and investigation will be obtained by Consultant through the jurisdictional agencies. These are assumed to include the California Department of Fish and Game, the US Army Corps of Engineers and the Regional Water Quality Control Board. Permit application fees will be invoiced as a direct cost. 1.12 Geotechnical Investigation Geotechnical field investigation and lab testing shall be completed to support the bridge and roadway design. Based on published geologic maps, it appears that the bridge alignment is underlain by alluvium over San Diego, Mission Valley or Otay Formation. Shallow groundwater at about creek elevation is expected. Consultant understands that the bridge will be designed to Caltrans standards. County of San Diego Department of Environmental Health well permits shall be obtained by Geocon Incorporated for the borings. Access to numerous drill locations will require permission from several agencies. Because access within the channel is subject to changes associated with flow through the channel and vegetation growth, Consultant should assumed two borings per day. The scope of the investigation for the widening or replacement bridge shall consist of the following: · Drill twenty small-diameter borings using mud rotary drilling equipment; one at each abutment and the remainder spaced evenly throughout the one at approximately each pier through the alluvium into underlying formational materials (approximately 30 to 70 feet) to examine and sample the prevailing soil conditions. Consultant should expect that borings will be drilled along the access road within the golf course and within the river channel at the northwest side of the existing bridge. Because of the loose sand within the river channel, stabilization mats or plywood will be required to access the drill sites. Drilling mud will be CV/Simon Wong - Willow St Bridge Rehab Page 17 / /0 - ~T DRAFT disposed of by the geotechnical subconsultant. Pavements will be patched with cold patch asphalt. . Perform laboratory tests on selected soil samples to evaluate unit weight, water content, pH, resistivity, soluble sulfate content, chloride ion content, grain size, shear strength, consolidation, expansion and compaction characteristics of the prevailing soils. . Prepare a Final Foundation Report (FR) presenting Consultant's findings and Consultant's conclusions and recommendations regarding the geotechnical aspects of constructing the proposed bridge and widening. Recommended foundation design criteria including bottom of footing elevations and bearing capacities or pile tip elevations and lateral pile capacities shall be included. The report shall be prepared in accordance with Caltrans Guidelines for Foundation Investigation and Reports, version 1.2. A Log of Test Borings in Caltrans format would also be provided. Recommended grading specifications, temporary slope criteria, liquefaction evaluation, groundwater conditions, seismic design criteria, retaining wall design criteria, excavation characteristics and remedial grading measures shall also be included in the report. 1.13 Bridge Type Selection This task includes the development of the preferred bridge alternative for the site. A bridge type selection report shall be developed to formalize the bridge type, materials, span arrangement, constraints, foundations, aesthesis and construction methods. This document shall be prepared in accordance with Caltrans Memo to Designers 1-29. 1.13.1 Coordinate with the project geotechnical engineer for appropriate foundation type and sizing. Based on the known geotechnical conditions up and down stream of the bridge and the close proximity of private property, large diameter cast-in-drilled hole (CIDH) concrete foundations are anticipated. 1.13.2 Coordinate with the project civil designer and hydraulic requirements for bridge vertical alignment and landing requirements 1.13.3 Prepare a bridge general plan and preliminary cost estimate 1.13.4 Develop architectural and aesthetic details for the bridge that tie-in with the site 1.13.5 Prepare a Type Selection Report with Consultant's recommendation for design alternatives, abutment and bent layout, utility issues, maintenance issues, aesthetic issues and construction methods. This report shall also document the preliminary engineer's estimates for other alternatives studied for this project. Consultant may assume that the Type Selection Report will be made available to the City and Caltrans; however, a Type Selection Meeting will not be required. Consultant shall produce 10 copies of the draft and final Type Selection Report which will be distributed to the City and Caltrans. CV/Simon Wong - Willow St Bridge Rehab Page 18 /0-'<0 DRAFT 1.14 Hydrology, Hydraulics and Scour A final HEC/RAS analysis will be performed on the selected bridge alternative. The results of this analysis shall provide water surface elevations at the bridge and upstream for the 50 and 100-year events along with the corresponding flow volume and velocities. Scour analysis shall be developed based in a flood series and a FLUVIAL-12 model. A hydraulic analysis shall also be completed for any storm drain facilities effected by the project. A final Hydrology, Hydraulics and Scour analysis report shall be prepared to document these studies. 1.15 30% Design Submittal The 30% design submittal shall be based on the preferred alternative and shall include a project title sheet, a sheet list, bridge general plan, bridge foundation plan, roadway plan and profile sheet, grading plans, roadway typical sections, preliminary landscape plan and a preliminary engineer's estimate of probable cost. Utility dispositions shall be defined on the bridge foundation plan or on the roadway plan and profile sheets. Up to 6 copies of the 30% design shall be distributed to the City and Caltrans. Plans shall be printed in both full size and 11 x17 sheets. 1.16 Caltrans Coordination Since a majority of the funding for this project is anticipated to be through the HBRR program, the project must be designed and processed in accordance with the Caltrans Local Programs Manuals. Significant coordination with the District Local Assistance Engineer and the Structures Local Assistance Engineer will help assure a smooth project that meets the federal funding criteria. 1.16.1 Bridge Sufficiency Rating Analysis An evaluation of the bridge condition shall be completed and compared to the current Caltrans maintenance reports and sufficiency rating (SR). This task includes a detailed visual field review of the bridge condition. Recommendations for changes the SR shall be formalized in a project memo along with any noted structural or geometric deficiencies. 1.16.2 Project Funding Analysis Evaluate the opportunities and constraints for the project funding through the HBRR program and other likely funding sources including local matching funds. This evaluation shall include an analysis of likely participating and non-participating components. It shall also look at opportunities for funding commitments through the HBRR program for a portion of non-participating construction. CV/Simon Wong - Willow St Bridge Rehab Page 19 / /0 -e2 b D.. .' D ."~ r:-r- ../ i \ / 1.16.3 Process Flow Chart A process flow chart shall be developed to assist with the project development through Caltrans and the HBRR program. This flow chart will be used as a tool in scheduling and processing the project through constriction. 1.16.4 Coordination Meetings Regular meetings with Caltrans Local Assistance staff shall be completed throughout the project. These may be built into team progress meetings or separate meetings to discuss Caltrans specific issues. 1.16.5 Funding Documents Funding documents shall be developed for the construction phase of the project. This includes the completion of the funding request documents including the finance letter, the construction ready plans, specifications and estimate (UPS&EU) certification and checklist, the data sheets and the right-of-way certification. 1.17 NEPA / CEQA Environmental Documentation Given the project funding sources and agency involvement, both the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA) guidelines must be satisfied. The following part of the scope of work (sections 1.17.1 - 17.11 ) is based on the assumption that a single document will be developed that satisfies both CEQA and NEPA requirements. Based on the anticipated project environmental conditions, it is assumed the joint document will be an Environmental Impact Report (EIR) pursuant to CEQA and an Environmental Assessment (EA) pursuant to NEPA. If a less intensive environmental review is required, the maximum compensation amount shall be adjusted downward accordingly. 1.17.1 Field Review / PES The environmental subconsultant's staff shall attend a Field Review of the project site with Consultant, City, and Caltrans District 11 staff. The environmental subconsultant's staff, with the input of other members of the Project Design Team (PDT), shall complete a draft version of the Preliminary Environmental Studies (PES) form. The PES form shall identify (and confirm) the anticipated documentation necessary pursuant to NEPA and CEQA, as well as the technical studies required in support of this documentation. The draft PES form shall be submitted to Caltrans staff. After any necessary revisions are incorporated, the final signed PES form will forwarded for signature. 1 .17.2 Area of Potential Effect An Area of Potential Effect (APE) map shall be developed in consultation with the City and Caltrans for obtaining project approval through Caltrans/FHW A. This map shall provide the survey boundaries for cultural CV/Simon Wong - Willow St Bridge Rehab Page 20 /0 ~.~ 7 DRAFT resources evaluated during project studies. The APE map shall be based on the total anticipated disturbance footprint associated with project activities (e.g., road construction, staging areas, detours, drainage facilities, and adjacent parcels should any additional right-of-way be required). 1 .17.3 Environmental Constraints Report The environmental subconsultant shall prepare an Environmental Constraints Report. The purpose of the report is to develop an inventory of environmental resources and a list of potential project issues and impacts that could significantly delay or affect the viability of any project alternative. It also will determine whether additional alternatives need to be examined, what additional studies may be needed in the PAlED phase, identify likely permit requirements and the type of environmental document needed. The Environmental Constraints Report shall inventory (map and describe) environmental resources and identify environmental issues, particularly those affecting the viability of alignment alternatives. With this baseline environmental information, additional alternatives can be formulated to avoid or minimize adverse environmental effects. Further studies required to complete the PAlED phase shall be identified, noting any seasonal constraints, as well the permits needed for project implementation. Information shall be obtained from existing documentation, aerial photographs and other mapping, as well as limited field examinations. The environmental subconsultant shall obtain/provide aerial photographs and other base maps from the project area. Available mapped information shall be collected to generate a database with spatially correct information. Consultant shall access GIS databases such as those maintained by San Diego Geographic Information Services (SANG IS), the US Fish and Wildlife Service, and the California Natural Diversity Data Base (CNDDB) in collecting environmental resource data. Through the preparation of the Environmental Constraints Report, environmental staff shall identify the key environmental issues for all project alternatives. Consultant shall review federal, state and local permitting requirements. Based on the results of the preliminary environmental studies, Consultant shall identify permit requirements for the project. 1.17 .4 Technical Studies 1.17.4.1 Visual Impact Assessment The environmental consultant's staff shall prepare a Visual Impact Assessment (VIA) that evaluates the visual impact of the project improvements from several key viewpoints. The FHWA Visual Impact Assessment for Highway Project guidelines shall be followed to quantify the visual analysis. This assessment shall describe the existing visual characteristics of the area involving the interchanges and vicinity, and any significant visual resources. The potential visual impacts from project construction and use of the widened and/or replaced bridge shall be evaluated through the use of ground level photographs from viewpoints near the project site. Visual conditions and project impacts shall be quantified as CV/Simon Wong - Willow St Bridge Rehab Page 21 /6 ~~/ DR~\FT required in the VIA guidelines for highway projects. Mitigation measures shall be recommended, if necessary, to reduce any significant impacts. Up to four visual simulations shall be prepared in conjunction with the findings from the Visual Impact Study. The visual quality report shall include viewshed maps and character / quality unit mapping and typical photos of the adjacent visual environment. It shall also include mass diagram / model wireframes for each of the alternatives being considered. These wireframes would be added over site photos. Detailed visual simulations shall be done for the preferred project. Multiple views shall be created of the preferred alternative. An existing photo, proposed unmitigated and a mitigated version shall all be provided. The VIA shall be prepared under the supervision of a licensed Landscape Architect. 1.17.4.2 Historic See Cultural Resource Studies under task 1.17.4.9. 1.17.4.3 Biology The following tasks shall be performed by the biological subconsultant: · Perform Protocol Surveys for Arroyo Toad. U.S. Fish and Wildlife Service (USFWS) survey protocols require six day and nighttime surveys conducted within the same 24 hour period separated by at least one week. Surveys may not be valid if appropriate breeding habitat (shallow pools) is not present on- site. A report of findings must be submitted to the USFWS within 30 days of the end of the breeding season (July). · Perform Protocol Surveys for Least Bell's Vireo. USFWS protocols require eight surveys separated by 10 days in order to determine presence/absence. Surveys must be conducted beginning April 10 of each season. A report of findings must be submitted to the USFWS within 30 days of the end of the breeding season (September). · Perform a Rare Plant Surveys in May and July in order to coincide with the blooming periods of potentially occurring sensitive species. · Perform a wetland delineation using the currently accepted U.S. Army Corps of Engineers (ACOE) delineation manual. This delineation will be used to determine project impacts and in support of the Section 404 permit required from the UCOE. · Prepare a Natural Environment Study (NES) consistent with Caltrans requirements. The NES shall describe the biological resources of the project area, quantify project impacts, and recommend mitigation measures to offset those impacts. The NES shall also address three project alternatives. It is CV/Simon Wong - Willow St Bridge Rehab Page 22 /1 '" -""L .-t I DRAFT anticipated that the City, Caltrans and FHW A will require revisions. . Prepare a restoration plan to mitigate for project impacts. The plan shall identify the type of plants, planting densities, irrigation and long-term monitoring requirements. . Consult with the USFWS on an informal basis during design of the project in order to obtain a favorable Biological opinion pursuant to Section 7 of the federal Endangered Species Act 1.17.4.4 Noise It is assumed that the project is a Type I project as defined by 23 CFR 772. The environmental subconsultant shall prepare a noise study in accordance with Caltrans Traffic Noise Analysis Protocol. It is anticipated that the screening procedure will show that a detailed noise analysis is required. Noise measurements shall be conducted at sensitive receptors in the four quadrants of the existing river crossing/proposed bridge structure area, and at nearby locations as necessary to define existing traffic noise levels and to calibrate the traffic noise model. Future traffic noise will be predicted using Caltrans' SOUND32/S0UND2000 or equivalent. Preparation of a Noise Abatement Decision Report is not proposed at this time. The noise study shall also include a separate evaluation of construction noise. Noise originating from construction equipment shall be evaluated with respect to relevant federal and municipal standards 1.17.4.5 Traffic The results of the traffic analysis from Section 1.9 shall be incorporated into the environmental technical studies. 1.17.4.6 Water Quality A project specific Storm Water Pollution Prevention Plan (SWPPP) shall be developed for this project. The project construction and post construction Best Management Practices shall be outlined and described in the environmental documents. 1.17.4.7 Initial Site Assessment (Hazardous Materials) The environmental subconsultant shall prepare an Initial Site Assessment (ISA) in accordance with Caltrans' procedures. Consultant shall conduct an agency records search to identify all hazardous waste sites located within the project study area and classified as a hazardous waste site under State law. The records search shall also identify business types located within the project study area that would be likely to store, transfer, or utilize large quantities of hazardous materials. This information shall be obtained from records maintained by the State of California Department of Health and Regional Water Quality Control Board, and other appropriate agencies. CV/Simon Wong - Willow St Bridge Rehab Page 23 / () - ::3-0 DRAFT The environmental consultant's staff shall conduct a visual survey of the project area via available public access to identify any obvious area of hazardous waste contamination. If hazardous waste sites are identified within the project study area (via governmental records and/or the visual survey), the environmental subconsultant shall determine the potential impact to the project and identify subsequent procedures to determine the extent of contamination and remediation requirements. Potential hazardous waste sites located within the project area shall be investigated per information available from local and/or State agencies. Historic land use information for the project study area shall be requested from the City to determine whether previous uses may have resulted in hazardous waste contamination. A draft ISA shall be submitted to the City and Caltrans for review. The environmental subconsultant's staff shall revise the ISA as necessary, and submit a finallSA for Caltrans' approval. 1.17.4.8 Air Quality Study The environmental subconsultant shall prepare an air quality assessment for the project. Conformity with the Clean Air Act for regional operational emissions shall be demonstrated by documenting that the project is consistent with the air quality analysis of the most recently approved San Diego Association of Governments Regional Transportation Improvement Program and Regional Transportation Plan. Local emissions shall be addressed in accordance with Caltrans' Transportation Project Level Carbon Monoxide (CO) Protocol. If CALlNE4 modeling for CO hot spots is indicated, the latest version of EMFAC shall be used. Construction-related emissions shall be estimated and compared with the federal Clean Air Act conformity de minimis thresholds for NEPA compliance and the South Coast Air Quality Management District (SCAQMD) CEQA air quality guidelines, which have been used by the City of Chula Vista. Dust control requirements and abatement measures consistent with City and SCAQMD policies and regulations shall be included in the analysis. The air quality analysis shall address the applicability of the City's Growth Management Ordinance and Carbon Dioxide Reduction Plan, as applicable to the project. 1.17.4.9 Cultural Resource Study Perform a Cultural Resource Study. The study shall be prepared by obtaining and reviewing pertinent archaeological records. The records search shall be requested by from the South Coastal Information Center of the California Archaeological Inventory at San Diego State University and from the San Diego Museum of Man. The records search shall identify all prehistoric and historic archaeological sites recorded within one mile of the project area, as well as the locations of previous cultural resource studies. CV/Simon Wong - Willow St Bridge Rehab Page 24 /() - 3/1 DRAFT Native American Consultation: Due to Caltrans involvement, it is anticipated that a Native American contact program will be required to identify any Traditional Cultural Properties or Native American concerns. This program shall consist of providing contact letters describing the project to appropriate Native American representatives at this time. Field Survey: Upon receipt and review of the records search, an archaeological field survey shall be conducted of the project area under the supervision of an archaeologist meeting the Secretary of the Interior's standards for qualified archaeologists. The intensive field investigation shall use standard intervals of 10 to 15 meters. Special attention shall be given to relocating previously recorded sites which have been identified by the records search. Report Preparation: An Archaeological Survey Report (ASR) and a Historic Properties Survey Report (HPSR) meeting Caltrans standards shall be completed following the completion of the field survey. The reports shall be prepared to document the results of the records search and intensive field survey. The reports shall provide background cultural history for the project area, discuss survey methods, identify any cultural resources located on the project site and impacts that would occur to those resources. A map detailing the Area of Potential Effect (APE) shall be provided by the client for use in these documents. If it is determined by City that a Historic Resource Evaluation Report is necessary to evaluate the bridge and any historic resources that might be present in the APE, this shall be completed by subconsultant EDAW and the results incorporated into the HPSR. Additionally, a report for the City detailing the results of the study shall be completed. No subsurface testing or data recovery or significance evaluation will be conducted as part of this proposal. In the event that cultural resources found on the project site cannot be avoided through project design or mitigation, testing may be required to fully evaluate significance. Under these circumstances, a revised scope and cost estimate will be prepared. 1.17.5 Notice of Preparation Initiation of the EAlEIR process shall commence with the preparation of a Notice of Preparation (NOP). The NOP shall be prepared in accordance with the requirements of Section 15082 of the CEQA Guidelines. A draft NOP shall be transmitted to City and Caltrans staff for their review. Comments received shall be incorporated into the final NOP. The final NOP shall be transmitted to the City for distribution. 1.17.6 Draft EAlEIR The environmental subconsultant shall prepare an EAlEIR in conformance with the Caltrans document template dated March, 2004. Because a determination regarding the necessity of preparing an EIR pursuant to CEQA has already been made, preparation of an Initial Study will not be required. The EA/EIR shall satisfy the requirements of 9915080-15097 of CV/Simon Wong - Willow St Bridge Rehab Page 25 /0 - 3,.L DRAFT the CEQA guidelines and 91508.9 of the NEPA Guidelines. The environmental subconsultant shall prepare a Notice of Preparation in conformance with 915375 of the CEQA Guidelines. After review and approval by the City and Caltrans, the environmental subconsultant shall circulate the notice if so desired. The draft EAlEIR shall incorporate the findings of the technical studies described above, as well as the additional environmental issue analyses identified in the Constraints Report and required by the EAlEIR format. Consultant shall prepare an administrative Draft EAlEIR for submittal to the City and Caltrans for review. It is anticipated that three (3) rounds of document review by City and Caltrans staff will be required. An additional set of revisions will be incorporated subsequent to FHWA review. Each submittal shall include 15 sets of the draft document. The environmental subconsultant shall revise the Draft EAlEIR per comments received from FHW A and shall prepare four copies of the EAlEIR (and the supporting technical studies for Caltrans submittal to FHW A for signature and approval to circulate the document for public review. 1.17.7 Environmental Checklist The environmental subconsultant's staffshall prepare the FHWA NEPA checklist to accompany the transmittal of the draft NEPAlCEQA document and the supporting technical studies for transmittal to the FHWA. 1 .17.8 Public Review IS/EA The environmental subconsultant's staff shall prepare a draft public distribution list per input from the City, Caltrans, and FHWA. The EAlEIR shall be circulated for public review (up to 60 hard copies and ten CD ROM's) per the distribution list - once the list has been approved by the City, Caltrans, and FHW A. Consultant shall prepare and publish a Notice of Availability and Opportunity for public hearing. The draft Response to Comments shall be prepared for submittal to the City, and FHWA, via Caltrans. 1 .17.9 Respond to Comments The environmental subconsultant's staff will coordinate the preparation of responses to comments received as a result of public distribution of the EAlEIR. The subconsultant shall prepare responses for its areas of responsibility, and shall coordinate with Consultant, other subconsultants, the City, and Caltrans to prepare responses for their respective areas of responsibility. A draft version of the complete responses shall be prepared for submittal to the City, Caltrans, and FHW A, via Caltrans. Revisions shall be made subsequent to review by these entities. 1.17.10 Prepare Final EAlEIR CV/Simon Wong - Willow St Bridge Rehab Page 26 /J -- 33 UJ-<At-r The environmental subconsultant will prepare a Draft EAlEIR, including revisions based on responses to comments received during the public review period, for submittal to the City, Caltrans, and FHWA (via Caltrans) for review. A Final EAlEIR shall be prepared for submittal to FHWA (via Caltrans) for review and approval. As part of the process for the Final EA/EIR, Consultant shall prepare response letters to agencies that submitted comments on the Draft EAlEIR, prepare and file a Notice of Determination (NOD), and, if desired by FHW A, prepare a Finding of No Significant Impact (FONSI) for the EA component of the Final EAlEIR. The environmental subconsultant shall provide 50 hard copies, a master photo ready copy and a CD ROM containing the approved EAlEIR to the City of Chula Vista. 1.17.11 Public Hearings The environmental subconsultant's Project Manager, as well as relevant technical staff, shall be available for up to three (3) public hearings or meetings. 1.17.12 Environmental Permits 1.17.12.1 ACOE Nationwide Permit (404) The environmental subconsultant shall prepare an ACOE Section 404 nationwide permit, if a 404 permit is required. The Subconsultant shall prepare and submit the application package; containing an application for a 404 permit, cover letter, appropriate supporting documents, required graphics and pre-construction notification (PCN). 1.17.12.2 CDFG Streambed Alteration Agreement (1601) The environmental subconsultant shall prepare and submit a Section 1601 Streambed Alteration Agreement request to the CDFG for project impacts to areas under CDFG jurisdiction. The package shall contain an application for the 1601 permit, cover letter, and appropriate supporting documents. 1.17.12.3 RWQCB Water Quality Certification (401) The environmental subconsultant shall prepare and submit a 401 Water Quality Certification application to the RWQCB if a Section 404 ACOE permit is required. The package shall contain the application for 401 certification, cover letter and appropriate supporting documents. 2.0 Final Design (Task 8.A.2) Once Consultant has received approval of the type selection and environmental clearance, Consultant, can begin final design. This task includes the development of the construction ready plans, specifications and estimate (PS&E). Specifications and details shall be prepared in English units in a format compatible with AutoCAD 2000 or above. All plan view layout sheets shall be developed in accordance with City of Chula CV/Simon Wong - Willow St Bridge Rehab Page 27 /0 -:3L/ DRAFT Vista CADD standards. Detail sheets shall be completed in a uniform format consistent with industry standards. Consultant will provide submittals at the 65%, 95% and 100% levels. 2.1 Project Management and Administration This task includes project management and administration during the final design phase as noted above. 2.2 Project Meetings Up to six Team meetings with the City of Chula Vista are assumed during this phase. These will be held at the City's office approximately every month. The following table provides our assumption for meeting attendance: Meeting Firm Name Simon Kimley Description Wong Horn EDAW Tierra KTU+A Geocon Chang Team Meeting #1 X X X X X X X Team Meeting #2 X X Team Meeting #3 X X 65% Design X X X Review 95% Design X X X X X X X Review 100% Design X X X Review Totals: 6 6 2 2 4 2 2 2.3 Final Foundation Report Prepare a report presenting Consultant's findings and Consultant's conclusions and recommendations regarding the geotechnical aspects of constructing the proposed bridge and widening. Recommended foundation design criteria including bottom of footing elevations and bearing capacities or pile tip elevations and lateral pile capacities shall be included. The report shall be prepared in accordance with Caltrans Guidelines for Foundation Investigation and Reports, version 1.2. A Log of Test Borings sheet in Caltrans format (but transferred to a City title block) shall also be provided. Furthermore, recommended grading specifications, temporary slope criteria, liquefaction evaluation, groundwater conditions, seismic design criteria, retaining wall design criteria, excavation characteristics including any necessary over excavation and re-compaction areas or embankment surcharges, R-values of subgrade material and the structural section of each road segment using the latest traffic index shall be included in the report. 2.4 Bridge Design and Detailing This task includes the design and detailing of the bridge based on Caltrans manuals and procedures. A replacement six span cast-in-placed prestressed concrete box girder bridge alternative as the baseline in estimating our design scope is assumed. The bridge is also assumed to include two stages with a closure pour near the center median. The design effort for other alternatives CV/Simon Wong - Willow St Bridge Rehab Page 28 /0 -3S DRAFT may require a revision toConsultant scope and compensation. The design effort for a widening of the existing bridge to add standard shoulders, sidewalks and barrier railing has not been specifically estimated; however, Consultant believes that the cost will be similar to the replacement alternative. Using Caltrans design rates as a guideline, a replacement bridge is roughly 2.2 times more efficient for design based on historical data for design cost vs. construction cost. Given a rough estimate of the bridge construction cost of about $3.4 million and $6.9 million for the rehabilitation and replacement alternatives, respectively, the rehabilitation alternative design cost would be within 10% of the replacement alternative. 2.4.1. Prepare the bridge design calculations based on Caltrans Bridge Design Specifications LFD Version, Dated April 2000 (with revisions available on he Caltrans Publications web site). The design calculations and details shall also follow the guidelines in the current Caltrans Bridge Design Aids, Bridge Memo to Designers and Bridge Design Details (versions available on he Caltrans Publications web site). 2.4.2. Prepare seismic analysis and design in accordance with Caltrans SDC version 1.3. 2.4.3. Prepare "unchecked" bridge plans. Bridge plans are assumed to include the following sheets: Sheet # Sheet Name 1 General Plan 2 Structure Plan No. 1 3 Structure Plan No. 2 4 Deck Contours 5 Foundation Plan 6 Staae 1 Construction Plan 7 Stage 2 Construction Plan 8 Bridae Removal Plan 9 Abutment 1 Layout 10 Abutment 2 Lavout 11 Abutment Details No. 1 12 Abutment Details No. 2 13 Bent Details No 1 14 Bent Details No 2 15 Bent Details No 3 16 Typical Section 17 Girder Lavout No. 1 18 Girder Layout No. 2 19 Girder Details No 1 20 Girder Details No 2 21 Hinge Details No. 1 22 Hinae Details No. 2 23 Miscellaneous Details 24 Joint Seal Details 25 Barrier and Railina Details 26 Approach Slab / Drainaae Details CV/Simon Wong - Willow St Bridge Rehab Page 29 //tj - 3/L? / DRAFT 27 28 La of Test Borin s NO.1 La of Test Borin s NO.2 2.5 Bridge Removal and Phasing Plans Bridge removal and phasing plans will be included in the bridge design plan set. These sheets will include details for the bridge removal sequence in coordination with the traffic staging plans. The plan is included with the sheet list in task 2.4 above. 2.6 Grading Plans Grading plans shall be developed for the area of bridge and roadway construction. These plans shall include cross-sections of the creek consistent with the channel grading plans including maintenance roads and trails. They shall also show the specific details required to grade the approach roadway up to the bridge abutments and any transition work needed to tie-in with the general channel section. The anticipated sheet list is as follows: Sheet # 1 2 3 4 Sheet Name Gradin Plan No 1 Gradin Plan No 2 Gradin Sections Gradin Details 2.7 Roadway Improvements Roadway improvement plans shall include pavement sections, sidewalk / curb and gutter, driveway modifications and relocations, storm drains, utility locations, and other above ground appurtenances. The anticipated sheet list is as follows: Sheet # Sheet Name 1 Plan and Profile No 1 2 Plan and Profile No 2 3 Plan and Profile No 3 4 Plan and Profile No 4 5 Typical Sections 6 Details 2.8 Traffic Control (Detour) Plans Traffic control plans shall include staging of the project - assuming two lanes open at all times (except specific closures allowed by the project specifications). The anticipated sheet list is as follows: Sheet # Sheet Name 1 Traffic Control Details NO.1 2 Traffic Control Details No. 2 3 Traffic Control Details No. 3 4 Traffic Control Details No. 4 5 Traffic Control Details No. 5 6 Traffic Control Details No. 6 CV/5imon Wong - Willow 5t Bridge Rehab Page 30 /() -37 DRAFT 2.9 Signing and Striping The signing and striping plan sheets will be prepared. Consultant anticipates six sheets for this task. The anticipated sheet list is as follows: Sheet # 1 2 3 4 5 6 Details No. 1 Details No. 2 Details No. 3 Details No. 4 Details No. 5 Details No. 6 2.10 Utility Relocations Consultant may assume that the dry utility (overhead phone, overhead electrical and gas) relocation plans will be completed by the respective utility companies. Consultant shall reference these relocations in the improvement plans or on the bridge foundation plans and in the project specifications. Consultant shall prepare a letter to each potential utility company asking for the location of their facilities and will assist with the coordination of any relocation plans developed by the utility companies. Both Parties assume that no wet utilities (potable water, reclaimed water or sanitary sewer) are attached to the existing bridge. This scope of work does not include the addition of any of these systems to the bridge. Consultant shall coordinate with the County, SDG&E and the water districts to verify that there are no proposed utilities along the bridge. Notwithstanding the forgoing, Consultant shall include the modification or relocation of the existing storm drain system at the southern abutment and near the north approach. 2.11 Landscaping / Hardscaping and Irrigation Plans This task includes the preparation of planting, irrigation, erosion control and hardscape plans. A palette of native and/or low water use trees, shrubs, vines and groundcovers shall be selected based on design criteria established by the City and the environmental requirements of Sweetwater River. Plant materials shall be selected to minimize water use, reduce maintenance requirements, maintain sight clearances, enhance the community character, and meet the requirements and guidelines established by the governing agencies. Where maximum heights and/or sizes for plant materials must be controlled for sight clearances and other safety features, this shall be achieved through the natural growth pattern of the selected plants rather than a reliance on continual maintenance to control the plant size and height. Existing plant materials shall be preserved and protected, when feasible. A survey of existing trees and shrubs shall be prepared to include location, type, size and general health. This information shall be evaluated and incorporated into the final design as appropriate. Irrigation systems shall be designed to minimize overspray and runoff. Irrigation water and associated drainage shall be contained within the CV/Simon Wong - Willow St Bridge Rehab Page 31 /0 ~3P DR AFT planted areas to avoid slick roadway, crosswalk and sidewalk surfaces. 2.11.1. 2.11.2. Visit the project site to identify site specific issues, photograph the site, and take a soil sample for horticultural analysis. Consultant shall also identify the general locations of plant materials, identify any special treatments to meet mitigation requirements, and illustrate a sample of the proposed irrigation system. Plant materials shall be selected to meet specific functional, aesthetic, maintenance, drought tolerance, site and environmental conditions. Specific planting techniques shall be identified. Irrigation discussions shall include temporary vs. permanent systems, availability of reclaimed water, water application methods, water and electrical connections, and equipment. Prepare final construction documents for the planting, irrigation erosion control and hardscape. The planting plans shall identify the species and location of all proposed plant materials. A plant material legend shall include the botanical and common names, quantities, container size and minimum height and spread of the plants at the time of installation. The irrigation plans shall identify the locations of the irrigation heads, main and lateral lines, valves, water meters, backflow preventers, controllers and other appurtenances to ensure 100% coverage of the irrigation system. The sprinkler schedule shall identify the types of head, diameter of throw, and required operating pressure. Consultant shall coordinate with the City of Chula Vista for electrical connections for the irrigation controllers. Planting and irrigation detail sheets shall also be prepared. A preliminary sheet list includes the following: Sheet # Sheet Name 1 Site Plan No 1 2 Site Plan No 2 3 Site Plan No 3 4 Hardscape Plan No. 1 5 Hardscape Plan No. 2 6 Hardscape Details 7 Irrigation Plan No. 1 8 Irrigation Plan No. 2 9 Irrigation Plan No. 3 10 Irrigation Details 11 Planting Plan No. 1 12 Planting Plan No. 2 13 Planting Plan No. 3 14 Landscape Leaend 15 Landscape Details 2.12 Erosion Control/Construction Phase BMP's Construction phase erosion control BMP's shall be shown and detailed in accordance with the City's standard of practice. This work shall be coordinated with the City's NPDES specialist. A Storm Water Pollution CV/Simon Wong - Willow St Bridge Rehab Page 32 /0 ~d9 DRAFT Prevention Plan (SWPPP) and post construction BMP's shall be included. The anticipated sheet list is as follows: Sheet # Sheet Name 1 SWPPP Details No 1 2 SWPPP Details No 2 3 SWPPP Details No 3 4 SWPPP Details No 4 2.13 Traffic Signal Modifications Traffic signal modification design plans shall be prepared for the two traffic signals along Willow Street including Sweetwater Road and Bonita Road. The anticipated sheet list is as follows: Sheet # Sheet Name 1 Signal Details No 1 2 Sianal Details No 2 2.14 Street Lighting A street lighting plan will be prepared for Willow Street between Sweetwater Road and Bonita Road. Consultant anticipates one sheet for the lighting location and one sheet of details. The anticipated sheet list is as follows: Sheet # 1 2 Sheet Name Li htin Details No 1 Li htin Details No 2 2.15 Legal Description, Right-of-Way Plats, Easement Documents There will not be any legal descriptions or right-of-way plats required for this project. 2.16 QA/QC (65%, 95% and 100%) An in-house QA/QC review shall be performed by Consultant's Project Manager and/or the Principal-in-Change for each design submittal, including subconsultants' work, to assure a high-quality and complete design package. Consultant will also perform a detailed plan review and independent design check of the bridge design as noted in Task 2.20. 2.17 Specifications Special provisions for the project shall be prepared for the 95% and 100% submittal levels. Special provisions covering the bridge related improvements shall follow the 2002 version of the Caltrans Standard Specifications and standard special provisions (dual units). 2.18 65% PS&E Submittal The 65% Design Submittal shall include all bridge plans, fully completed but CV/Simon Wong - Willow St Bridge Rehab Page 33 / (j ~. Y;!J DRAFT "unchecked", civil plans and landscape plans developed to a 65% design level. It shall also include an updated engineer's estimate. The submittal shall be made to the City and (if desired) to the County of San Diego, Caltrans District and Structures Local Assistance. Consultant may assume distribution of up to 10 full-size plans and 10 half-size plans on bond. 2.19 Review and Respond to Comments Consultant's team shall review and respond, in writing, to all comments received from the City Chula Vista, Caltrans and the County of San Diego. Consultant shall also review and respond, in writing, to comments received from the effected utility companies. 2.20 Bridge Independent Check A complete independent check shall be done on the bridge design and details and by an engineer who was not involved with the initial design. This "checker" shall provide a stand-alone set of calculations that are based on the 65% design details and a complete red-line, yellow mark set of reviewed plans. The "checker" comments shall be resolved with the designer and revisions incorporated in the 95% submittal. 2.21 Quantities, Estimate and Bid Item List Quantities shall be calculated and independently checked for each major item of work in accordance with the procedures in Section 11 of the Caltrans Bridge Design Aids. Items typically bid on a lump-sum basis (landscaping, irrigation, bridge removal and prestressing) shall be quantified by individual component. Once the quantities have been resolved, a unit price shall be applied based on the current Caltrans Cost Data, local and site specific conditions and engineering judgment. The resulting estimate shall be factored up to include mobilization, contingency and inflation factors (as appropriate). A bid item list shall be provided for the City's use in the bid documents. 2.22 95% PS&E Submittal The 95% PS&E submittal shall include all plan sheets in a completed format, special provisions and the engineer's estimate. Consultant shall also provide hydraulic calculations, scour calculations, bridge design calculations and independent check calculations. The submittal shall be made to the City and (if desired) to the County of San Diego and Caltrans (District and Structures Local Assistance). Consultant may assume distribution of up to 10 full-size plans and 10 half-size plans on bond. 2.23 Review and Respond to Comments Consultant's team shall review and respond, in writing, to all comments received from the City Chula Vista, Caltrans and the County of San Diego. Consultant shall also review and respond, in writing, to comments received from the effected utility companies. 2.24 100% PS&E Submittal The 100% PS&E submittal shall include bid ready plans, specifications and engineer's estimate based on comments received from the 95% submittal. CV/Simon Wong - Willow St Bridge Rehab Page 34 /() . r./r /'. -7'/ DR AFT Consultant shall also provide a resident engineer's pending file with copies of the quantity summary sheets, bridge 4-scale plots and other data to be transferred from design to construction. The submittal shall be made to the City and (if desired) to the County of San Diego, Caltrans District and Structures Local Assistance. Consultant may assume distribution of up to 10 full-size plans and 10 half-size plans on bond. Upon approval of the 100% submittal, final deliverable shall include a CD with the project design file(s) along with one set of wet signed and stamped 24" X 36" mylars. 3.0 Bidding and Construction Support (Task 8.A.3) If requested by City, Consultant shall provide construction support services that include monthly meetings, bid support, survey datum control, construction observation of critical phases of work and as-built plan detailing. Consultant's scope and fee estimate for these services shall be re-evaluated upon the completion of the project final design. B. Date for Commencement of Consultant Services: ( ) Same as Effective Date of Agreement (X) Other: Preliminary Engineering and NEPAlCEQA Environmental Documentation Same as Effective Date of Agreement. Final Design and Construction Support as authorized by the Director of General Services or his appointee C. Dates or Time Limits for Delivery of Deliverables: Milestone 1.Prelimina En ineerin 2. Environmental A 3. 65% PS&E 4. 95% PS&E 5. 100% PS&E D. Date for completion of all Consultant services: No more than three years from the initial notice to proceed or completion of all tasks to the satisfaction of the City. 9. Insurance Requirements: (X) Statutory Worker's Compensation Insurance (X) Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. ( ) Errors and Omissions insurance: None Required (included in Commercial General Liability coverage ). CV/Simon Wong - Willow St Bridge Rehab Page 35 /r /0 - LtL DRAFT (X) Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). 10. Materials Required to be Supplied by City to Consultant: NONE 11. Compensation: A. ( ) Single Fixed Fee Arrangement. B. ( ) Phased Fixed Fee Arrangement. 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 hereinbelow according to the following terms and conditions: (1) (X) 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 each Task set forth in the Defined Services herein required of Consultant for the following amounts Task 8.A.1 - $613,894.00 Task 8.A.2 - $484,620.00 Task 8.A.3 - $83,377.00 These amounts include all Materials, and other "reimbursables" ("Maximum Compensation"). Said additional work shall not be performed until authorized by the Director of General Services or appointee in writing. Rate Schedule (Consultant and subconsultant hourly rates set forth in Exhibit 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 in Exhibit S, "Willow Street ODC Assumptions" For Travel and Subsistence, costs shall be reimbursed at the rates specified by the Department of Personnel Administration. CV/Simon Wong - Willow St Bridge Rehab Page 36 //0 -- Y3 DRAFT 13. Contract Administrators: City: Roberto Yano P.E. Consultant: Mark Creveling P.E. 9968 Hibert Street, Suite 202 San Diego, CA 92131 Voice Phone (858) 566-3113 Fax Phone (858) 566-6844 14. Liquidated Damages Rate: N/A ( ) $_ per day. ( ) Other: 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. o FPPC Filer o Category NO.1. Investments and sources of income. o Category NO.2. Interests in real property. o Category NO.3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. o 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. o 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. o 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. o Category NO.7. Business positions. ( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: CV/Simon Wong - Willow St Bridge Rehab Page 37 . / /0 ~.f/ 'f- DRAFT 16. ( ) Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsultants: Kimley Horn & Associates Edaw, Inc. Tierra Environmental Services Chang Consultants KTU+A Geocon, Inc. Paragraphs 1.C-G, 6, 7, 10, 12-15, and 17 of this Agreement shall be incorporated into all subconsultant agreements with a compensation amount over $25,000. Consultant shall also give consideration to DBE firms as specified in 23 CFR 172.5(e) and Appendix A to Part 26 of 49 CFR, in Exhibit 101 of the State's Local Assistance Procedures Manual. Evidence must be presented of "good faith" effort, when applicable. 17. 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 ( ) End of the Month ( ) Other: C. City's Account Numbers: Task 8.A.1 - $613,894. (Grant/Diftrans) Task 8.A.2 - $484,620. (Grant/Diftrans) Task 8.A.3 - $83,377. (Grant/Diftrans) 18. 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 CV/Simon Wong - Willow St Bridge Rehab Page 38 //1 //L- /u~r..:;; DRAFT option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: (X) Retention Percentage: 10% ( ) Retention Amount: $ Retention Release Event: (X) Completion of each individual Task. ( ) Other: CV/Simon Wong - Willow St Bridge Rehab Page 39 /0 ~0;' DRAFT Exhibit B to Agreement between City of Chula Vista and Simon Wong Engineering, Inc CV/Simon Wong - Willow St Bridge Rehab Page 40 /d - L/7 City of Chula Vista IMllow Street Bridge over the Sweetwater River June 9, 2005 TASK ANAL YSIS PRELIMINARY ENGINEERING Simon Wong Engineering Amount Percentage Fee Subtotal $172,833 ODC's $6,000 Total Fee $178,833 29% Kimley-Horn and Associates Amount Percentage Fee Subtotal $79,800 ODC's $20,900 Total Fee $100,700 16% EDAW Amount Percentage Fee Subtotal $155,701 ODC's $7,350 Total Fee $163,051 27% Geocon Inc. Amount Percentage Fee Subtotal $15,360 ODC's $40,000 Total Fee $55,360 9% KTU+A Amount Percentage Fee Subtotal $32,708 ODC's Total Fee $32,708 5% Chang Consultants Amount Percentage Fee Subtotal $33,852 ODC's Total Fee $33,852 6% Tierra Environmental Amount Percentage Fee Subtotal $47,880 ODC's $1,510 Total Fee $49,390 8% Team Totals Amount Fee Subtotal $538,134 ODC's $75,760 Total Fee $613,894 Notes: 1. The fees shown above are based on 2005 hourly rates. /f' / J - f'v DRA~FT City of Chula Vista IMli0w Street Bridge over the Sweetwater River June 9, 2005 TASK ANAL YSIS FINAL DESIGN Simon Wong Engineering Fee Subtotal ODC's Amount Percentage $255,378 $9,000 $264,378 60% Amount Percentage $127,775 $5,700 $133,475 30% Amount Percentage Total Fee Kimley-Horn and Associates Fee Subtotal ODC's Total Fee EDAW Fee Subtotal ODC's Total Fee Geocon Inc. Fee Subtotal ODC's Total Fee Amount Percentage $8,948 $8,948 2% Amount Percentage $33,000 $33,000 7% Amount Percentage $936 $936 0% Amount Percentage KTU+A Fee Subtotal ODC's Total Fee Chang Consultants Fee Subtotal ODC's Total Fee Tierra Environmental Fee Subtotal ODC's Total Fee Team Totals Fee Subtotal ODC's Amount $426,038 $14,700 Sub Total Rate Adjustment (10.3%) Total Fee $440,738 $43,882 $484,620 Notes: 1. The fees shown above are based on 2005 hourly rates. Adjustment for 2007 final design made assuming a 10.3% hourly rate adjustment for cost of living (5% for 2 years). ~ //:=:---- / '() - '7"1 DR .4~FT City of Chula Vista Wllow Street Bridge over the Sweetwater River June 9, 2005 TASK ANAL YSIS CONSTRUCTION SUPPORT Simon Wong Engineering Fee Subtotal ODC's Amount Percentage $57,321 $17,000 $74,321 100% Amount Percentage Total Fee Kimley-Horn and Associates Fee Subtotal ODC's Total Fee EDAW Fee Subtotal ODC's Total Fee Amount Percentage Geocon Inc. Fee Subtotal ODC's Total Fee Amount Percentage KTU+A Fee Subtotal ODC's Total Fee Amount Percentage Chang Consultants Fee Subtotal 'ODC's Total Fee Amount Percentage Tierra Environmental Fee Subtotal ODC's Total Fee Amount Percentage Team Totals Fee Subtotal ODC's Amount $57,321 $17,000 Sub Total Rate Adjustment (15.8%) Total Fee $74,321 $9,057 $83,377 Notes: 1. The fees shown above are based on 2005 hourly rates. Adjustment for 2008 construction made assuming an average 15.8% hourly rate adjustment for cost of living (5% for 3 years). /:J ~ 5V DRAFT - .... < I- o I- H CO .... < U ii: w .... U z "'s o !,! !5 ., w I- w- I-'" SW UW o i!: ., " ., z <w w- I-'" <w g ~ ., " ., z <w -- '" '" S!ttl zz ~~ w -- ",'" ~~ wi; ., z w 1-'" U W w" ., < o z "'< a.'" ....'" <w ~~ z" ii:z o.w z o "- >= "- in :! o III II. ~ D !!! ~ >'" ]i~ ow 'ti J 01- ~g ~ o;:~ I- Ul o U ON GO GO M 0 CO.... GO ... DO ID (C"" 1lO...,........ ~~~~~S~~S 11'I 0 M,...CO 11'I"" M,.. ~ M- ~- - N N <D 01 N 110 M CO... 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DP,A~T c ~ f;i f) P ,^ J: T Willow Street ODe Assumptions June 9, 2005 Preliminary Desian Phase Final Desian Phase Construction Phase Mileage Mileage Mileage 90 mi I meeting 90 mi I meeting 90 mi I meeting 20 meetings 20 meetings 12 meetings $0.34 I mi $612.00 $0.34 I mi $612.00 $0.34 I mi $612.00 Graphics Calculations Meeting Documents 8112 x 11 @ 0.101ea 8 1/2 x 11 @ 0.1 Olea 81/2 x 11 @0.10Iea 4 reports 4 sets 5 sets 120 peach 300 peach 30 peach 3 submittals $144.00 3 submittals $360.00 12 submittals $180.00 11x17@0.30Iea 11 x17 @0.30Iea 11x17@0.30Iea 4 reports 4 sets 5 sets 20 peach 20 peach 60 peach 3 submittals $72.00 3 submittals $72.00 6 submittals $540.00 8 1/2 x 11 color @0.50Iea 8 1/2 x 11 color @0.50Iea 8 1/2 x 11 color @0.50Iea 4 reports 4 sets 5 sets 20 peach 20 peach 5 peach 3 submittals $120.00 3 submittals $120.00 6 submittals $75.00 Plans Plans Construction Plans Half Size Plans @0.30Iea Half Size Plans @0.30Iea Half Size Plans @0.30Iea 3 alternatives 20 sets 10 sets 20 sheets 60 sheets 60 sheets 2 submittals 110 sources $360.00 4 submittals $1,440.00 4 submittals $720.00 Full Size @ $1.5/sheet Full Size @ $1.5/sheet Full Size @ $1.5/sheet 3 alternatives 15 sets 5 sets 20 sheets 80 sheets 80 sheets 2 submittals 115 sources $2,700.00 3 submittals $5,400.00 4 submittals $2,400.00 Deliveries Deliveries Support Services Local Local 20 @ $25/ea $500.00 20 @ $25/ea $500.00 Survey $3,000.00 Civil $4,000.00 Fed Ex FedEx Geotechnical $3,000.00 1 0 @ $301ea $300.00 10 @ $301ea $300.00 Landscape $3,000.00 Presentation Boards Presentation Boards Color Plots @5/ea Color Plots @5/ea total 1 0 $50.00 total 1 0 $50.00 Mounting @101ea $100.00 Mounting @101ea $100.00 Delivery $100.00 Delivery $100.00 Total = $5,058.00 Sub Total - $9,054.00 Sub Total - $17,527.00 For Preliminarv Desian ODC Say = $ 6,000.00 Final Desian ODC Say = $ 9,000.00 For Construction ODC Say = $17,000.00 Notes: 1. Printing and reproduction at actual cost for 200 copies or greater. / () ~.. ;;,; -:is COUNCIL AGENDA STATEMENT Item /1 Meeting Date 6/21/05 ITEM TITLE: Public Hearing: Consideration of an Ordinance Amending the Amended and Restated Solid Waste Disposal and Recycling Franchise Agreement between Pacific Waste Services and the City of Chula Vista moving the rate adjustment anniversary date for Small Quantity Generator rates from July 1 to September 1 each year. SUBMITTED BY: Ordinance Amending the Amended and Restated Solid Waste Disposal and Recycling Franchise Agreement between Pacific Waste Services and the City of Chula Vista moving the rate adjustment anniversary date for Small Quantity Generator rates from July 1 to September 1 each year. Director of General Services ~J:br-.., City Manager,t) (4/5ths Vote: No X ) REVIEWED BY: Each year staff reviews the Solid Waste Rates Survey from SANDAG to establish whether or not Pacific Waste Services (Allied) qualifies for a Small Quantity Generator rate adjustment. It is difficult to conduct an objective rate review in time for Allied to meet the Franchise Agreement rate anniversary date of July 1, as most of the jurisdictions in the County have a July 1 anniversary date also. Therefore, moving Allied's rate adjustment anniversary date to September 1 (the first day of the next two-month billing cycle) will allow a rate review that is objectively based upon approved rates within the region. This is the second addendum to the Amended and Restated Solid Waste Disposal and Recycling Franchise Agreement (Agreement) between the City of Chula Vista and Pacific Waste Services (Allied). The first addendum handled the contract changes necessary to convert City services for Small Quantity Generators to automated collection. RECOMMENDATION: Open the Public Hearing and adopt the ordinance approving the second addendum to the Amended and Restated Solid Waste Disposal and Recycling Franchise Agreement moving the rate adjustment anniversary date for Small Quantity Generators from July 1 to September 1 each year. BOARDS/COMMISSION: N/ A DISCUSSION: The Agreement between the City of Chula Vista and Pacific Waste Services (Allied) provides Chu1a Vista's single-family residents and small businesses (Small Quantity Generators, SQG) with the lowest rates and best values for service of any city in San Diego County. City Staff verifies this annually through SANDAG's countywide rate survey and determines if Pacific is //-1 Page 2, Item Meeting Date 6/21/05 11 entitled to rate adjustments as described in the Agreement, Section 7. 3 Pacific's Rizht to Increase Collection Rates. A copy of this contract section has been attached. A majority of the cities in the County adjust their rates on the same anniversary date, July 1, as Allied does. This makes it impossible to conduct an objective review of the region's rates prior to the July I date. In order for Pacific Waste to receive their rate adjustment review and implement the adjusted rates by the July 1 date, Staffs evaluation includes assumptions about what the other cities' rates will be. By moving the rate adjustment anniversary date, the rate review can be conducted objectively, based upon approved rates within the other jurisdictions. Allied has agreed to 1) Forego the two-month rate adjustment (July and August) for a more objective review process. SQG will have paid the same rate, with no increase, for 26 months. 2) The SQG rate review will be conducted on the rates that are in effect as of August 1 each year. 3) If Allied qualifies for an increase, as described in Section 7.3 of the Franchise Agreement and based upon the survey rates in effect on August 1, the SQG rate adjustment take effect September 1 each year. 4) All other rates will remain with the July 1 anniversary date. FISCAL IMPACT: There is no fiscal impact to the General Fund as a result of the recommended action. Approving this anniversary date change will give residents another two months at their same rate for a total of 26 months since their last rate adjustment. Attachments: Amended and Restated Solid Waste Disposal and Recycling Franchise Agreement - Section 7.3 Pacific's Right to Increase Collection Rates. M:\General Services\GS Administration\Council Agenda\Pacific Waste Services\AI13-Amendment to agmt, 6-21-05.doc 11-'2 DRAFT ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA APPROVING A SECOND AMENDMENT TO THE "AMENDED AND REST A TED SOLID WASTE DISPOSAL AND RECYCLING SERVICES FRANCHISE AGREEMENT" WITH PACIFIC WASTE SERVICES, CHANGING THE RATE ADJUSTMENT ANNIVERSARY DATE FOR SMALL QUANTITY GENERATOR RATES FROM JULY 1 ST TO SEPTEMBER 1 ST WHEREAS, the City of Chu1a Vista ("City") is a chartered city within the meaning of California Constitution Article II, Sections 3 and 5, and has reserved its powers pursuant to California Public Resources Code Section 40000, et seq. to grant an exclusive solid waste and recyclable franchise; and WHEREAS, in 1982, pursuant to Article XII of the City Charter and Chapter 8.24 of the Chu1a Vista Municipal Code, City granted a solid waste disposal franchise (the "Original Franchise") to Chu1a Vista Sanitary Service ("CVSS"); and WHEREAS, since 1982, the Original Franchise has been amended as follows: (1) Ordinance No. 2104, adopted February 28, 1985, (2) Ordinance No. 2332, adopted September 12, 1989; (3) Ordinance No. 2427, adopted December 4, 1990; (4) Ordinance No. 2429, adopted December 11, 1990; (5) Ordinance 2475, adopted September 3, 1991; (6) Ordinance 2562, adopted July 20, 1993; (7) Ordinance No. 2569, adopted September 21, 1993; and (8) Ordinance No. 2741, adopted August 11, 1998; and WHEREAS, on May 12, 1987, pursuant to City Council Resolution No. 13019, City approved an assignment of the Original Franchise to Laidlaw Waste Systems, Inc. ("Laidlaw"); and WHEREAS, on June 17, 1997, pursuant to City Council Resolution No. 18705, City conditionally approved Laidlaw's assignment of the Original Franchise, as amended, to Allied Waste North America, Inc. dba Pacific Waste Services ("Pacific"); and WHEREAS, on August 26, 1997, pursuant to City Council Resolution No. 18763, City approved a month-to-month extension of Original Franchise pending further City review and consideration of Pacific's requested five-year renewal; and WHEREAS, effective July 1, 1999 City and Pacific entered into that certain "Amended and Restated Solid Waste Disposal and Recycling Franchise Agreement" (the "Agreement"). The Agreement modified and extended Pacific's exclusive franchise for solid waste disposal and recycling services ("Franchise") within the City. The City Council approved the Agreement on July 13,1999, pursuant to its adoption of Ordinance No. 2792; and WHEREAS, on September 25, 2001, the City Council adopted the First Amendment to the Agreement, pursuant to Ordinance No. 2844; and WHEREAS, Section 7.3.1 of the Agreement establishes July 15t of each year as the date on which the Maximum Rates for General Service Rates increase, determining the maximum //-3 DRAFT amount Pacific may charge its Large Quantity Generator, Small Quantity Generator and Industrial/Roll-off customers for its services during the period July 1 sl through June 30th; and WHEREAS, the amount of the annual Maximum Rate is determined, in part, by a survey of market rates within San Diego County; and WHEREAS, the majority of the cities in San Diego County adjust their rates on July 1 st each year, preventing the City from including those adjusted rates in its annual market survey that is necessarily conducted prior to July 1 st each year; and WHEREAS, amending the Agreement by changing the rate increase anniversary date for Small Quantity Generators from July 1st to September 1st will allow the City to include the region's current market rates in its annual survey; and WHEREAS, the Second Amendment to the Agreement (the "Second Amendment") was considered by the City Council at a properly noticed public hearing on June 21, 2005. Any and all written and oral testimony with respect to the Second Amendment was heard and considered by the City Council and the City Council approved placement of the Second Amendment on first reading. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as follows: Section 1: The Second Amendment to the Amended and Restated Solid Waste Disposal and Recycling Franchise Agreement is approved. Section 2: The Mayor of the City of Chula Vista is authorized to execute the Second Amendment to the Amended and Restated Solid Waste Disposal and Recycling Franchise Agreement on behalf of the City of Chula Vista, in substantially the form presented, with such minor, non-substantive modifications as may be approved or required by the City Attorney. Section 3: This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Jack Griffin Director of General Services M :\General Services\GS Administration\Council Agenda\Pacific Waste Services\Ordinance - Pacific Franchise 2d Amendment.doc //~L/ 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 Dated: Amending the am nde and restated Solid Waste Disposal and Recycling Franchise Agreement Between Pacific Waste Services and the City of Chula Vista //- ~- DRAFT DRAFT SECOND AMENDMENT TO AMENDED AND RESTATED SOLID WASTE DISPOSAL AND RECYBLING FRANCHISE AGREEMENT This "Second Amendment to Amended And Restated Solid Waste Disposal And Recycling Franchise Agreement" (the "Second Amendment") is entered into effective July 21, 2005 by and between the City of Chula Vista, a chartered municipal corporation of the State of California (the "City") and Allied Waste North America, Inc., a Delaware corporation, dba Pacific Waste Services ("Pacific"), with reference to the following recitals: A. The City and Pacific entered into the "Amended and Restated Solid Waste Disposal and Recycling Franchise Agreement," effective July 1, 1999, (the "Original Agreement"). The Original Agreement modified and extended Pacific's exclusive franchise for solid waste disposal and recycling services ("Franchise") within the City. The City Council approved the Original Agreement on July 13, 1999, pursuant to Ordinance No. 2792. B. Section 7.3.1 of the Original Agreement establishes July 15t of each year as the date on which the Maximum Rates for General Service Rates increase, determining the maximum amount Pacific may charge its Large Quantity Generator, Small Quantity Generator and Industrial/Roll-off customers for its services during the period July 15t through June 30th. C. The City and Pacific have agreed to amend the Original Agreement to change the Maximum Rate increase date from July 15t to September 15t of each year, for Small Quantity Generators. D. This Second Amendment was considered by the City Council at a properly noticed public hearing on June 14,2005. Any and all written and oral testimony with respect to this Second Amendment was heard and considered by the City Council and the City Council approved placement of the Second Amendment on first reading. On June 21, 2005, this Second Amendment was placed on second and adopted pursuant to Ordinance No. NOW, THEREFORE, in consideration of the above recitals, the covenants contained in this Second Amendment, and other good and valuable consideration, the receipt and sufficiency of which the parties acknowledge, the Original Agreement is amended as follows: 1. Terms. The capitalized terms used in this Second Amendment shall have the same meanings ascribed to them in the Original Agreement. 2. Underline/Strikeout Format. Those sections of the Original Agreement being altered by this Second Amendment shall be restated below, with deletions shown by strikeouts and additions underlined and in bold text, to highlight the changes made by this Second Amendment. 3. Revisions to Section 7.3. Subsection 7.3.1 of Section 7.3 of the Original Agreement, entitled, "Pacific's Right to Increase Collection Rates," is amended and restated as follows: 7.3.1 Commencing on June 30,2000, and upon each one year anniversary for the remainder of the Term, except as provided in subsections '.3.1.b. and d.. //~~ DRAFT below. the Maximum Rates (excluding any City imposed Franchise Fees, Household Hazardous Waste and AB 939 Fees and future allowable "pass throughs" under this Franchise) shall be increased on the following basis: a. Maximum Rates for Small Quantity Generators, Large Quantity Generators and Industrial/Roll-off ("General Service Rates") shall be increased effective as of July 1, 1999 and each annual anniversary thereof through July 1,2002 by an amount equal to the product of the previous year's Maximum Rate multiplied by fifty percent (50%) of the percentage increase in the San Diego Area Consumer Price Index for All Urban Consumers (all items) published by the United States Department of Labor, Bureau of Labor Statistics for the latest twelve-month period for which statistics are available ("Applicable CPI Increase"). For example, assume that the Maximum Rate for Small Quantity Generators as of June 30, 2000 was $13.20 per month, and the excluded City imposed fees were $1.20, and that the Applicable CPI Increase was two and five- tenths percent (2.5%). For the twelve-month period commencing on July 1, 2000, Pacific would have the right to charge a Small Quantity Generator Service Rate of up to $13.37. The 2% increase in the Franchise Fees scheduled to go into effect on July 1, 2000 shall not be deducted from Maximum Rates for purposes of determining any CPI increases from Maximum Rates for purposes of determining any CPI increase to the operational Rate component. In the event the Consumer Price Index referred to above shall no longer be published, then another similar generally recognized index shall be agreed upon by the parties. b. Commencing on July 1, 2003, and each annual anniversary thereafter during the term of this Franchise, Maximum Rates for General Service Rates shall increase in an amount not to exceed the product of the previous year's Rate multiplied by sixty-six and two-thirds percent (66.66%) of the Applicable CPI Increase. Effective July 1. 2005. as to Small Quantity Generator Rates. the annual anniversary date for the increase of Maximum Rates shall chan2e to September 1 st of each year. c. Notwithstanding the foregoing, at no time shall the Small Quantity Generator Rates exceed ninety percent (90%) of the average for the County of San Diego for the same level of service Las published in the SANDAG semi-annual rate review, or in the event SANDAG no longer published such review, such independent surveyor surveys mutually agreed upon by City and Pacific, (all franchise cities in the County, with Pacific and City each at their option excluding one jurisdiction)l, after subtracting any Franchise Fees (except the 2% increase in the Franchise Fees scheduled to go into effect on July 1, 2000), AB 939 Fees, Household Hazardous Waste Fees and any other pass throughs allowed under this Franchise, and after adding back any readily identifiable direct local subsidies ("Adjusted Mean County Average"). The limitations set forth in this subparagraph shall be applied only to determine whether Pacific is entitled to the CPI adjustment described above, and in no event shall Pacific be required to reduce Small Quantity Generator Rates. d. Beginning July 1, 2007 for Lar2e Quantity Generators and Industrial/Roll-off Service. and be2innin2 September 1. 2007 for Small //-- 7 DRAFT Quantitv Generators. and at each four year anniversary thereof throughout the term of this Franchise, Pacific shall be eligible for a market adjustment for its then applicable maximum General Service Rates, Commercial Mixed Paper Rates and Commercial Green Waste Rates. For all market adjustments in 2007 and 2011, the maximum market adjustments shall be up to ninety percent (90%) of the corresponding Adjusted Mean County Average for such Rates. Beginning July 1, 2015, the maximum market adjustments applicable to all Large Quantity Generator Service Rates (excluding three-yard bin or smaller/once per week service) shall be increased to ninety-five percent (95%) of the corresponding Mean County Average. Such market adjustments are intended to allow Pacific to make upward adjustments in its Rates. In no event shall this market adjustment provision require Pacific to reduce its Maximum Rates for any service level. 4. No other Changes. Except as expressly provided in this Second Amendment, all other terms and conditions of the Original Agreement shall remain in full force and effect. [Next Page Is Signature Page.] M:\General Services\GS Administration\Council Agenda\Pacific Waste Services\Pacific Franchise Agreement - Second Amendment.doc /1/1 DRAFT [Signature Page to Second Amendment to Amended and Restated Solid Waste Disposal and Recycling Franchise Agreement.] IN WITNESS WHEREOF, Pacific and City have entered into this Second Amendment, effective as of the date first written above. CITY: PACIFIC: City of Chula Vista, a municipal corporation Allied Waste North America, Inc., a Delaware corporation, dba Pacific Waste Services By: By: Stephen C. Padilla, Mayor Printed Name Attest: City Clerk Its: Printed Title Signed: Signature of Above Individual Approved as to form: City Attorney //./~